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NIGHT SESSION.

The Senate met pursuant to recess taken.

The President in the chair.

The roll of the Senate being called, there were

Present-Senators Birch, Blodgett, Boardman, Brown of Shelby, Brown of St. Louis, Bruere, Cavender, Clark. Conrad, Davis, Dodson, Essex, Evans, Gottschalk, Graham, Harbine, Headlee, Morrison, Morse, Rollins, Roseberry, Reed, Shelton, Spaunhorst, Todd, Waters and Williams-27.

Absent-Senators Carroll, Rea, Ridgley, and Rogers-4.

Absent with leave-Senators Elwell, Filler and Human-3.

On leave, Senator Birch offered the following resolution: Resolved, That in the contested election case of L. M. Conklin against James S. Rollins, the contestant and the contestee be and they are hereby required to place in the hands of the chairman of the Committee on Elections, all the depositions, affidavits, letters and other papers which were used by either party in the examination of said case before the committee, and that the chairman of said committee place said depositions, affidavits, letters and papers in the hands of the Secretary of the Senate, with the privilege of either party to copy the same, and that, at the expiration of ten days after adjournment, said depositions and papers be delivered by the Secretary of the Senate to the parties in whose favor said depositions, affidavits, letters or papers were introduced.

Resolution read and adopted.

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

MR. PRESIDENT: Your Committee on the Judiciary, to whom was referred

House bill No. 102, entitled

An act to establish a probate court in Ozark county,

Have considered the same and recommend that it do pass.

The bill so reported was taken up, read the third time, and passed by the following vote:

AYES-Senators Birch, Blodgett, Boardman, Brown of Shelby, Brown of St. Louis, Bruere, Cavender, Clark, Conrad, Davis, Dodson, Essex, Evans, Gottschalk, Graham, Harbine, Headlee, Morrison, Morse, Ridgey, Rogers, Rollins, Roseberry, Reed, Shelton, Spaunhors, Todd, Waters and Williams-29.

NOES-None.

Absent-Senators Carroll and Rea-2.

Absent with leave-Senators Elwell, Filler and Human-3.

The title of the bill was then agreed to.

Senator Cavender, chairman of the Committee on Internal Improvements, submitted the following report:

MR. PRESIDENT: Your Committee on Internal Improvements, to whom was referred

Hcuse bill No. 248, entitled

An act to allow a wire cable rope to be suspended over the Osage river at Castle Rock for ferry purposes,

Report in favor of the indefinite postponement of the same.
The bill so reported, was taken up, and

On motion of Senator Cavender,

The same was indefinitely postponed.

On leave, Senator Harbine offered the following resolution: Resolved, That each member of the Senate have the privilege of calling up one House bill this evening;

Which was read, when

Senator Essex offered the following substitute:

Resolved, That the Secretary call the roll of the Senate, and that each Senator, as his name is called, shall be entitled to call up any bill or resolution, as he may choose;

tion:

Which was read and accepted.

Senator Cavender offered the following amendment to the resolu

Amend, "so that only House bills shall be called up by standing committees;"

Which was read and rejected.

The resolution was then agreed to.

The President laid before the Senate the following communication from his excellency the Governor:

To the President of the Senate:

EXECUTIVE MANSION,
CITY OF JEFFERSON, March 3, 1869.

SIR: I have this day approved and signed Senate bills of the following titles:

An act to amend section thirteen (13) of chapter 189 of the General Statutes of 1865, concerning landlords and tenants;

An act to appropriate money for the benefit of the State Board of Agriculture.

An act to amend an act entitled an act to amend chapter eight of the General Statutes, concerning the compensation of members and officers of the General Assembly, approved January 14, 1868;

An act to amend section 10 of chapter 11 of the General Statutes, entitled of the equalization and objects of taxation;

An act to regulate the sale of tickets, the rate of fare to be charged, and the taxes and license to be paid by street railroad companies in the city of St. Louis;

An act to extend the time for the completion of the Missouri Valley Railroad from Marysville to the Iowa State Line;

An act to amend sections 60 and 67, chapter 34 of the General Statutes, relating to county boundaries, striking off a part of Gasconade and attaching the same to Crawford county;

An act to establish a court of common pleas in the county of Moniteau;

Respectfully,

J. W. McCLURG.

. On motion of Senator Birch,

House bill No. 445, entitled

An act to authorize the Hannibal and St. Joseph Railroad Company to increase its capital stock,

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

On motion of Senator Birch,

The rules were further suspended, the bill read the third time, and passed by the following vote:

AYES-Senators Birch, Blodgett, Boardman, Brown of Shelby, Brown of St. Louis, Bruere, Cavender, Clark, Conrad, Davis, Dodson, Essex, Evans, Gottschalk, Graham, Harbine, Headlee, Morrison, Morse, Rea, Ridgley, Rogers, Roseberry, Reed, Shelton, Spaunhorst, Todd, Waters and Williams-29.

NOES-None.

Absent-Senators Carroll and Rollins-2.

Absent on leave-Senators Elwell, Filler and Human--3.

The title of the bill was then agreed to.

Senator Birch moved to reconsider the vote by which the bill passed, and moved to lay the motion to reconsider on the table; The motion to lay on the table was adopted.

On motion of Senator Blodgett,

House bill No. 204, entitled

An act to establish the 22d judicial circuit, to provide for the election of a judge and circuit attorney, and for other purposes,

Was taken up, read the first time, rule suspended read the second time, rule further suspended, read 'the third time, and passed by the following vote:

AYES-Senators Blodgett, Boardman, Brown of Shelby, Brown of St. Louis, Bruere, Cavender, Clark, Conrad, Davis, Dodson, Essex, Evans, Gottschalk, Graham, Headlee, Morrison, Morse, Rogers, Roseberry, Shelton, Spaunhorst, Todd, Waters and Williams-24.

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Absent-Senators Birch, Carroll, Rea, Ridgley and Rollins-5.

Absent with leave--Senators Elwell, Filler and Human-3.

The title of the bill was then agreed to.

On motion of Senator Boardman

House bill No. 361, entitled

An act to amend section 23 of chapter 33 of the General Statutes of Missouri,

Was taken up, read the first time, when

Senator Boardman moved to suspend the rules and read the bill the second time,

Which motion was lost by the following vote, Senator Bruere demanding the ayes and noes:

AYES-Senators Birch, Boardman, Brown of St. Louis, Clark, Davis, Dodson, Essex, Evans, Headlee, Morse, Rea, Rogers, Roseberry, Reed, Shelton, Spaunhorst and Todd-17.

NOES-Senators Blodgett, Brown of Shelby, Bruere, Cavender, Conrad, Gottschalk, Graham, Morrison, Ridgley, Rollins and Waters

--11.

Absent-Senators Carroll, Harbine and Williams-3.

Absent with leave--Senators Elwell, Filler and Human-3.

The title of the bill was then agreed to.

The bill was ordered to lie over under the rules.

On motion of Senator Brown of Shelby,

House bill No. 258, entitled

An act to amend and consolidate the several acts relating to the Hannibal probate court,

Was taken up, read the first time, rule suspended, read the second time, rule further suspended, read the third time, and passed by the following vote:

AYES-Senators Birch, Blodgett, Boardman, Brown of Shelby, Brown of St. Louis, Bruere, Cavender, Clark, Conrad, Davis, Dodson, Essex. Evans, Gottschalk, Graham, Harbine, Headlee, Morrison, Morse, Rea, Rogers, Roseberry, Reed, Shelton, Spaunhorst, Todd, Waters and Williams-28.

NOES-None.

Absent-Senators Carroll, Ridgley and Rollins-3.

Absent on leave-Senators Elwell, Filler and Human-3.

The title of the bill was then agreed to.

On motion of Senator Brown of St. Louis,

House bill No. 350, entitled

An act to establish and regulate a police force for the city and county of St. Louis, and to preserve the public health thereof Was taken up, read the first time, when

Senator Brown of St. Louis moved to suspend the rules and read the bill the second time,

Which motion was lost by the following vote, Senator Blodgett demanding the ayes and noes:

AYES-Senators Birch, Brown of St. Louis, Essex, Gottschalk, Morrison, Morse, Rea, Rogers, Rollins, Reed and Spaunhorst—11.

NOES-Senators Blodgett, Boardmer, Brown of Shelby, Bruere, Cavender, Clark, Conrad, Davis, Dodson, Evans, Graham, Harbine,

Headlee, Ridgley, Roseberry, Shelton, Todd, Waters and Williams

19.

and

Absent-Senator Carroll-1.

Absent with leave-Senators Elwell, Filler and Human-3.

On motion of Senator Bruere,

The vote by which

Substitute for House bill No 416, entitled

An act to provide against adulteration of milk

Was passed, was reconsidered.

On motion of Senator Shelton,

The vote ordering the bill to a third reading was reconsidered,

On further motion of Senator Shelton,

The vote by which the substitute was agreed to, was reconsidered, and

On still further motion of Senator Shelton,

The vote by which the amendment to the substitute was agreed to, was reconsidered by the following vote, Senator Ridgley demanding the ayes and noes:

AYES Senators Birch, Brown of St. Louis, Bruere, Cavender, Clark, Dodson, Gottschalk, Graham, Headlee, Morrison, Rea, Rollins, Shelton, Spaunhorst and Williams-15.

NOES--Senators Blodgett, Boardman, Brown of Shelby, Conrad, Davis, Essex, Evans, Harbine, Morse, Ridgley, Rogers, Roseberry, Reed and Waters-14.

Absent-Senators Carroll and Todd-2.

Absent with leave--Senators Elwell, Filler and Human-3.

Senator Roseberry moved the previous question on the passage of the bill.

Motion lost.

Senator Essex moved to refer the bill to the Committee on Agriculture.

Senator Spaunhorst moved to lay the motion on the table.
Motion to lay on the table adopted.

On motion of Senator Cavender,

House bill No. 383,

Was taken up and read a first time.

Senator Shelton moved to suspend the rules and read the bill a second time.

Motion adopted by the following vote, Senator Bruere demanding the ayes and noes:

AYES-Senators Birch, Blodgett, Boardman, Brown of Shelby, Brown of St. Louis, Carroll, Clark, Davis, Evans, Harbine, Headlee, Rogers, Rollins, Roseberry, Reed, Shelton, Spaunhorst, Todd, Waters and Williams-20.

NOES -Senators Bruere, Cavender, Conrad, Dodson, Essex, Gottechalk, Graham, Morrison, Morse and Ridgley-10.

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