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Senator Gottschalk presented the following petition from J. T. Foster:

To the Honorable Senate of the State of Missouri:

The petition of James T. Foster respectfully showeth: That James R. McCormick was duly and regularly elected a member of the Senate of the State of Missouri from the Twenty-fourth Senatorial District of said State on Tuesday after the first Monday of November, A. D. 1866, for the term of four years; that agreeably to said election he took his seat and acted as Senator during the first session of the Twenty-fourth General Assembly of the State of Missouri; that on the 16th day of November, 1867, the said McCormick resigned his seat as aforesaid, having been elected as Representative in the Congress of the United States and having by virtue of said election taken his seat as member of Congress from the Third Congressional District of Missouri.

In consequence of the vacancy that was made in the Twenty-fourth Senatorial District the Governor of the State, acting in accordance with the requirements of the law, did, on the 10th day of December, A. D. 1867, issue a writ of election in order to fill such vacancy, and by virtue of such writ an election was held for Senator in said Senatorial District on the 31st day of December, A. D. 1867, for the purpose of filling the vacancy thus made.

Your petitioner further alleges that Thomas Essex was returned as elected to fill such vacancy, but in consequence of some illegality in said last mentioned election your honorable body did, at its last session, namely, on the 24th day of March, A. D. 1868, resolve and declare that said Essex was not entitled to hold a seat as member of said Senate, and that a vacancy still existed in said Senatorial District, as will more fully appear by reference to the records of your honorable body.

Your petitioner further avers that on Tuesday next after the first Monday of November, A. D. 1868, (a vacancy in said Twenty-fourth Senatorial District still existing), an election for Senator not authorized by law was held in said Twenty-fourth Senatorial District in order to fill said vacancy; that said Essex was returned as having been elected a member of said Senate to fill said vacancy, but that said Essex is not entitled to a seat in your honorable body because said election in the said Twenty-fourth Senatorial District, on the day last mentioned, was not held by virtue of any writ of election issued by the Governor, as is required by law in case of such vacancy:

Therefore your petitioner respectfully remonstrates against the said Essex holding a seat as a member of your honorable body, and prays that agreeably to the law the seat aforesaid shall be declared vacant so that the Governor may issue his writ ordering a new election for the purpose of legally filling such vacancy.

Petition read, and,

JAMES T. FOSTER, Petitioner.

On motion of Senator Gottschalk,

Referred to the Committee on the Judiciary.

Senator Bruere, chairman of the Committee on the Judiciary, submitted the following report:

MR. PRESIDENT-Your Committtee on the Judiciary, to whom was referred Senate bill No. 55, entitled an act to amend an act entitled an act to amend section thirty, chapter one hundred and thirty-six, title thirty-three, General Statutes of Missouri, in relation

to the time of holding courts in the fourth judicial circuit, approved March 23, 1868, have considered the same and recommend that it do pass.

The bill so reported was taken up and ordered to be engrossed for a third reading on to-morrow.

Senator Bruere, chairman of the Committee on the Judiciary, submitted the following report:

MR. PRESIDENT-Your Committee on the Judiciary, to whom was referred Senate bill No. 47, entitled an act to regulate the time of holding circuit courts in the seventeenth (17th) judicial circuit, have considered the same and recommend that the accompanying substitute do pass.

The substitute so reported as follows:

An act to amend an act entitled "an act to amend section fortythree, chapter one hundred and thirty-six of the General Statutes of Missouri, 1865, in relation to circuit courts, their jurisdiction, terms and circuits," approved March 18, 1868.

Be it enacted by the General Assembly of the State of Missouri, as follows:

SECTION 1. That the act entitled an act to amend section forty-three, chapter one hundred and thirty-six of the General Statutes of Missouri of 1865, in relation to circuit courts, their jurisdiction, terms and circuits, is hereby amended so as to read as follows:

The time for holding circuit courts within the seventeenth judicial circuit shall be as follows: In the county of Carroll, on the third Mondays in March and September; in the county of Worth, on the third Mondays of April and October; and in the county of Daviess, on the third Mondays in May and November; in the county of Livingston, on the fourth Mondays in July and January; in the county of Caldwell, on the fourth Mondays in August and February; in the county of Harrison, on the fourth Mondays in April and October,

Was taken up, read the first time, rule suspended, read the second. time, agreed to, and ordered to be engrossed for a third reading on to

morrow.

Senator Filler, chairman of the Committee on Engrossed Bills, submitted the following report:

MR. PRESIDENT-Your Committee on Engrossed Bills, to whom was referred Senate bill No. 20, entitled an act in relation to the salary of Judges of the Supreme Court, and the compensation of certain clerks;

Also, Senate bill No. 24, entitled

An act to amend an act entitled an act to establish a court of common pleas in the county of Lafayette, and a court of common pleas in the counties of Ray, Daviess and Pettis, with probate jurisdiction in the last three counties, and repealing all laws in conflict with the same, have examined the same and find them correctly engrossed.

Senator Blodgett, from the Committee on the Judiciary, made the following report:

MR. PRESIDENT-Your Committee on the Judiciary, to whom was referred House bill No. 46, entitled "an act to amend section twentythree, chapter two hundred and thirteen of the General Statutes of Missouri in relation to witnesses, beg leave to report that they have had the same under consideration and we respectfully recommend that the same be referred back to the House of Representatives, and that the following resolution be passed:

Resolved, That the Secretary of the Senate is hereby directed to return to the House of Representatives House bill No. 46, with the information that the same has not been engrossed, and with the request that the same be engrossed, and with the further request that the House require all bills to be engrossed before they are transmitted to the Senate.

The resolution so reported was taken up, and,

On motion of Senator Shelton,

The same was adopted.

Senator Blodgett, from the Committee on the Judiciary, submitted the following report:

MR. PRESIDENT-Your Committee on Judiciary, to whom was referred a communication from the Secretary of State, dated January 18, 1869, with instructions to report by bill or otherwise, beg leave to report that they have had the same under consideration, and respectfully submit the following bill, the passage of which is respectfully recommended:

The bill so reported, being

Senate bill No. 64, entitled

An act extending the time in which the Secretary of State shall lay before the present General Assembly an abstract of the enumeration of the resident inhabitants of each county in the State,

Was taken up, read the first time, rule suspended, read the second time, and,

On motion of Senator Blodgett,

Ordered to be engrossed for a third reading on to-morrow.

Senator Davis, chairman of the Committee on Enrolled Bills, made the following report:

SENATE CHAMBER, January 22, 1869.

MR. PRESIDENT-Your Committee on Enrolled Bills, have reported to the Governor for his signature, bills of the following titles, to-wit: House bill No. 8, entitled an act to appropriate money to cover the deficiency in the appropriation for the years 1867 and 1868.

On motion of Senator Blodgett

Leave of absence was granted to Senator Todd.

Senator Spaunhorst, chairman of the Committee on Claims, made the following report:

MR. PRESIDENT-Sir: Your committee to whom was referred the petition of Rebecca Lee, in relation to a claim set up by her against the State, beg leave to report that we have carefully considered the subject, and find according to evidence before us, that the claim is just and should be provided for, therefore respectfully recommend the bill herewith transmitted do pass.

The bill so reported being

Senate bill No. 65, entitled

An act to pay Rebecca Lee one hundred and thirty dollars,

Was taken up, read the first time, rule suspended, read the second time, and.

On motion of Senator Spaunhorst,

Ordered to be engrossed for a third reading on to-morrow.

Senator Graham, chairman of the Committee on Elections, made the following report:

MR. PRESIDENT-Your committee, to whom was referred Senate bill No. 22, have carefully considered the same, and respectfully recommend that it do pass.

The bill so reported, entitled an act to amend section thirty-six of chapter two of the General Statutes, was taken up, and,

On motion of Senator Graham,

The bill was ordered to be engrossed for a third reading on to-morrow.

Propositions and motions being in order,

Senator Gottschalk introduced

Senate bill No. 66, entitled

An act to authorize and enable the city of St. Louis to purchase the gas works of the St. Louis Gas Light Company.

Read the first time, rule suspended, read the second time, and,
On motion of Senator Gottschalk,

Referred to the St. Louis Senatorial Delegation and fifty copies ordered to be printed for the use of the Senate.

Senator Rogers introduced

Senate bill No. 67, entitled

An act amendatory to an act entitled an act to provide for the publishing of the decisions of the Supreme Court of the State of Misssouri, approved March 5th, 1868.

Read the first time, rule suspended, read the second time, and,
On motion of Senator Rogers,

Referred to the Committee on the Judiciary and fifty copies ordered to be printed for the use of the Senate.

Senator Essex introduced

Senate bill No. 68, entitled '

An act to amend section thirteen of chapter forty-nine, title seventeen of the General Statutes.

Read the first time, rule suspended, read the second time, and,
On motion of Senator Essex,

Referred to the Committee on Ways and Means.

Senator Rollins introduced

Senate bill No. 69, entitled

An act to encourage the cultivation of land and increase the products of the various kinds of crops in this State.

Read the first time, rule suspended, read the second time, and,

On motion of Senator Rollins,

Referred to the Committee on Agriculture and fifty copies ordered to be printed for the use of the Senate.

Senator Rollins introduced

Senate bill No. 70, entitled

An act authorizing normal school graduates to teach.

Read the first time, rule suspended, read the second time, and,

On motion of Senator Rollins,

Referred to the Committee on Education and fifty copies ordered to be printed for the use of the Senate.

Bills engrossed for the third reading being in order,

Senate bill No. 25, entitled

An act in relation to the salary of judges of the Supreme Court and the compensation of certain clerks,

Was taken up, read the third time, and passed by the following vote:

AYES-Senators Blodgett, Boardman, Brown of Shelby, Brown of St. Louis, Bruere, Carroll, Cavender, Clark, Conrad, Davis, Dodson, Elwell, Essex, Filler, Gottschalk, Graham, Harbine, Headlee, Human, Morrison, Morse, Ridgley, Rollins, Roseberry, Shelton, Spaunhorst, Todd, Waters and Williams-29.

NOES-Senators Birch, Rogers and Reed-3.

Absent-Senators Evans and Rea-2.

The title of the bill was then agreed to.

Senator Williams moved to reconsider the vote by which the bill was passed, and moved to lay the motion to reconsider on the table. Motion to lay on the table adopted by the following vote, Senator Gottschalk demanding the ayes and noes:

AYES-Senators Blodgett, Boardman, Brown of Shelby, Brown of St. Louis, Bruere, Carroll, Cavender, Clark, Conrad, Davis, Dodson, Elwell, Essex, Filler, Graham, Harbine, Headlee, Human, Morrison, Ridgley, Rollins, Roseberry, Shelton, Todd, Waters and Williams-26.

NOES-Senators Birch, Gottschalk, Morse, Rogers, Reed and Spaunhorst-6.

Absent-Senators Evans and Rea-2.

Senate bill No. 24, entitled

An act to amend an act entitled an act to establish a court of common pleas in the county of Lafayette, and a court of common pleas in the counties of Ray, Daviess and Pettis with probate jurisdiction in the last three counties, and repealing all laws in conflict with the same,

Was taken up, read the third time and passed by the following vote:

AYES Senators Birch, Blodgett, Boardman, Brown of Shelby, Bruere, Carroll, Cavender, Clark, Conrad, Davis, Dodson, Elwell, Essex, Filler, Gottschalk, Graham, Harbine, Headlee, Human, Morrison, Morse, Ridgley, Rogers, Rollins, Roseberry, Shelton, Spaunhorst, Todd, Waters and Williams-30.

NOES Senator Reed-1.

Absent-Senators Brown of St. Louis, Evans and Rea-3.

The title of the bill was then agreed to.

Senator Davis moved to reconsider the vote by which the bill was passed and to lay the motion to reconsider on the table. Motion to lay on the table adopted.

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