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then said Allen was eligible as to the tax-paying and should be admitted on his certificate.
The committee submit that the question here raised is an all-important one, deserving the careful consideration of the Senate, as its decision will probably become a precedent to govern like cases in the future.
Section 6, article 4 of the Constitution of Missouri, in prescribing the qualifications of State Senators, provides, among other things, that “no person shall be a Senator who shall not have paid a State and courty tax within one year next preceding the election.”
Your committee do not understand said section 6, article 4 of the Constitution, as imposing or fixing, in letter or spirit, any limitation as to the place of the payment of taxes required to be paid, excepting only the implied limitation of payment within the State of Missouri, for whose people, and by whose people, the Constitution was framed.
Section 5509 of the Revised Statutes of Missouri, and which may seem to require the payment of taxes to be shown by receipt of the tax collector of the county wherein the Senator resides, and thus to limit the payment necessary to make one eligible for the office of State Senator to the county of his residence, is not understood by your committee as really adding to, taking from, or modifying the constitutional requirement, but as designed to prescribe a mode of showing the fact of payment of taxes required to be paid, as well as a means of directing attention to the tax-paying element of eligibility, so that the Senate may, as we think it should, investigate before permitting any one claiming to be a Senator elect, to qualify in case the required evidence of tax-paying is not found in his certificate.
Your committee do not regard the Constitution as requring the payment of taxes to be made within the Senatorial district, and does not think a person eligible for the Senatorship by the Constitution is made ineligible by the Statute.
Your committee therefore recommend that said Thos. G. Allen be permitted to qualify, as entitled on his certificate, to the seat he claims.
Senator Cottey offered the following resolution:
Resolved, That the message of His Excellency, Governor John S. Phelps, to the Thirty-first General Assembly of the State of Missouri, be and the same is hereby referred to the standing committees of the Senate as follows: All that portion under the captions "The Treasury," “Of the Revenue,” “State Interest and Sinking Fund,” “Indebtedness of the State," "The Mastin deficit,” “Revenue Bonds," "Rate of Interest” and “National Bank of Commerce," to the Committee on Ways and Means; that portion under the caption "Education," to the Committee on Education; that portion under the caption “ The State Census," to the Committee on Senatorial and Representative Apportionment; that portion under the caption "Immigration," to the Committee on Immigration; that portion under the caption of " Railroads," to the Committee on Banks and Corporations; that portion under the captions "Execution of Criminal Laws” and “Costs in Criminal Cases,” to the Committee on Criminal Jurisprudence; that portion under the captions "Revision of Laws" and "Settlement with Auditor and Treasurer," to the Committee on Judiciary; that portion under the caption “Supreme Court,"' to the Committee on Constitutional Amendments; that portion under the caption "The Penitentiary,” to the Committee on Penitentiary; that portion under the caption "School of Mines,” to the Committee on Mines and Mining; that portion under the caption “Repairs of the State Capitol,” to the Committee on Permanent Seat of Government; that portion under the captions“ War Claims" and "Militia," to the Committee on Militia; that portion under the caption "Fish Culture,” to the Committee on Agriculture; that portion under the caption "Lunatic Asylum at St. Joseph," to the Committee on Lunatic Asylums.
Senator Hutt introduced Senate bill No. 43, entitled "An act to authorize judges of probate courts to appoint guardians and curators in vacation,” which was read first time and 50 copies ordered printed.
Senator Byrns introduced Senate bill No. 44, entitled "An act to amend section forty-three hundred and twenty-four, chapter eightyfour of the Revised Statutes of Missouri, in relation to 'bridges.?” which was read first time and 50 copies ordered printed.
Senator DeArmond introduced Senate bill No. 45, entitled "An act to provide and regulate an additional mode of punishment for crime,” which was read first time and 50 copies ordered printed.
Senator Mabrey introduced Senate bill No. 46, entitled “An act to authorize guardians and curators, under order of the probate court, to purchase real estate in certain cases for the benefit of their wards," which was read first time and 50 copies ordered printed.
Senator Mabrey introduced Senate bill No. 47, entitled “An act to authorize executors and administrators, under order of the probate court, to purchase real estate in certain cases for the benefit of creditors and other persons,” which was read first time and 50 copies ordered printed.
Senator Walker presented the biennial report of the Warden and Inspectors of the Missouiri Penitentiary, which was laid upon the table and 1,750 copies ordered printed, 1,000 for the appendix, 500 for the use of the Senate and 250 for the use of the Warden.
The President announced that to-day being the second Tuesday after the meeting and organization of the Legislature, the order of busness is the election of a United States Senator for the regular term of six years, commencing on the 4th day of March, 1881, and ending on the 31 day of March, 1887.
Senator Hutt moved that the Senate now proceed to vote for a United States Senator, as provided by “An act of Congress providing for the election of United States Senators,” which motion was agreed to.
The President of the Senate then announced that nominations for United States Senator, for the term of six years, commencing March 4th, 1881, and ending March 3d, 1887, were in order.
Senator Morrisson placed in nomination Hon. Francis M. Cockrell, of Johnson county.
Senator Cabell seconded the nomination of Mr. Cockrell.
There being no other nominations, the President directed the Secretary to call the roll, which being done, the following Senators voted:
FOR FRANCIS M. COCKRELL-Senators Bland, Bradley, Bryant, Byrns, Cabell, Cottey, DeArmond, Dobyns, Edwards of Lafayette, Edwards of St. Charles, Headlee, Heard, Heaston, Hutt, Lloyd, McGrath, Mabrey, Mackey, Morrisson, Naylor, Perkins, Rouse, Stephens and Walker-24.
For DAVID P. DYER–Senators Dungan, Gottschalk, Manistre, Pehle and Rogers-5.
FOR G. B. DEBERNARDI–Senators Caldwell and Manring—2.
The chair announced that the Hon. Francis M. Cockrell, having received a majority of all the votes cast, was declared the choice of the Senate for United States Senator for six years ensuing the 4th day of March, 1881.
Senator Morrisson called up Senate bill No. 8, it being the special order for 11 o'clock.
Senator DeArmond moved to reconsider the vote by which the amendments to Senate bill No. 8 were adopted on yesterday.
The ayes and nays being demanded, the motion was lost by the following vote:
AYES-Senators Bryant, De Amond, Dobyns, Dungan, Lloyd, Manistre, Manring, Pehle and Rouse-9.
NOES–Senators Bland, Bradley, Byrns, Cabell, Caldwell, Cottey, Edwards of Lafayette, Edwards of St. Charles, Gottschalk, Headlee, Heard, Heaston, Hutt, McGrath, Mabrey, Morrisson, Mackey, Naylor, Perkins, Rogers, Stephens and Walker - 22.
ABSENT ON LEAVE-Senator Jacobs.
Senator DeArmond offered the following amendment, which was read first and second times :
Amend section 2 by adding thereto the following: “And this act shall not be understood or taken, as against the State, as a ratification or adoption of any act of said Elijah Gates, late State Treasurer, and no claim or right of the State shall be, by this act, surrendered, sus. pended or impaired, and no person or persons now liable, or who may become liable, to the State, in any manner, or on any account, shall be, by this act, released or discharged, but every such person shall be holden and may be proceeded against, at any time, as if this act were not passed; and the State shall not be, in any way, estopped, limited or postponed by this act with respect to any right of action or remedy accrued or that may accrue to her; nor shall any right or claim of the State be transferred or relinquished by this act, except as to the sense of money mentioned in the preceding section, and as to that only when payment of said sum shall have been made as in this act provided ; and each and every payment of money into the Treasury of the State, and each and every act of placing money, or causing money to be placed, to the credit of the State in her recognized depository, by whomsover done, shall be irrevocable, and no one shall ever have, or be allowed, any claim or demand against the State on account thereof, but all such moneys shall be the absolute property of the State.
Which was read first and second times, and, the ayes and noes being demanded, was lost by the following vote:
AYES—Senators Bryant, DeArmond, Dungan, Gottschalk, Headlee, Mabrey, Mackay, Manistre and Perkins-9.
NOES–Senators Bland, Bradley, Byrnes, Cabell, Caldwell, Cottey Dobyns, Edwards of Lafayette, Edwards of St. Charles, Heard, Heaston, Hutt, Lloyd, McGrath, Morrisson, Naylor, Rogers, Rouse, Stephens and Walker-20.
ABSENT–Senators Manring and Pehle—2.
ABSENT ON LEAVE–Senator Jacobs.
Senator Morrisson called up Senate bill No. 9, and moved that it be engrossed, which was agreed to.
Senator Lloyd Offered the following resolution asking the opinion of the Attorney-General on Senate bill No. 8, Senate bill No. 9, and
copy of trust," now pending in the Senate, entitled "An act to secure to the State the speedy settlement and payment of all sums of money due from Elijah Gates, late Treasurer of the State of Missouri ;” which was read first and second times :
Resolved by the Senate, That the Secretary thereof furnish the Attorney-General with a copy of Senate bill No. 8, entitled “An act to secure to the State the speedy settlement and payment of all sums of money due from Elijah Gates, late Treasurer of the State of Missouri,” and Senate bill No. 9, and “copy of trust," and that the Attorney-General be and he is hereby requested to examine said bill and return to the Senate his official opinion as to the effect of the same, should it become a law, upon the rights of the State as they now exist against the Treasurer and his securities for any default on his part in relation to the funds of the State; and whether under the provisions of said bill the State will forfeit or lose any right she now has against the Treasurer and his securities for the recovery of the $184,970.30 alleged to have been deposited by said Elijah Gates in the Mastin Bank in Kansas City, Missouri, if said Elijah Gates should fail to pay into the State Treasury the said sum of $184,970.30 as provided by said Senate bill No. 8; and whether, under the provisions of said bill the State will forfeit or lose any right she may now have against the Treasurer and his securities for any other deficit that may exist in said Treasury by reason of said Elijah Gates having deposited the State funds in any other bank or banking corporation; and whether, if said bill becomes a law, the same will have the effect of a ratification on the part of the State, of any of the acts of the Treasurer in the deposit of the State funds in bank, or any other acts in relation thereto whereby the State may sustain a loss; and whether, if such bill in any respect fails to guard the rights and interests of the State, in what respect and wherein the same can be remedied by legislation by way of amendment of the present bill or otherwise,
Which was read first and second times, and, the ayes and noes being demanded, was adopted by the following vote: