Page images
PDF
EPUB

Reports of standing committees being in order,

Senator Williams, chairman of the Committee on Retrenchment, made the following report:

MR. PRESIDENT-The Committee on Retrenchment, to whom was referred Senate bill No. 2, in relation to the office of State Claim Agent, has had the same under consideration, and has instructed me to report the same back to the Senate and recommend that it do pass.

The bill so reported was taken up, the rule requiring it to be engrossed suspended, the bill read the third time, when,

On motion of Senator Williams,

The vote by which the bill was ordered to be read the third time was reconsidered; when

Senator Gottschalk offered the following amendment:

Amend by striking out "this bill shall take effect from and after its passage," and insert,this bill shall take effect on the first day of July, 1869."

Amendment read the first time, when,

On motion of Senator Gottschalk,

Further consideration of the bill was postponed until to-morrow.

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

MR. PRESIDENT-The Committee on the Judiciary, to whom was referred Senate bill No. 28, entitled an act to repeal an act entitled an act to amend chapter one hundred and thirty-seven of the General Statutes," approved February 4th, 1867, and to revive and re-enact section twenty-one, of chapter one hundred and thirty-seven of the General Statutes,

Have considered the same, and recommend that it do not pass.
The bill so reported was taken up, and,

On motion of Senator Harbine,

Further consideration postponed until Wednesday morning at ten o'clock.

Propositions and motions being in order,
Senator Reed introduced

Senate bill No. 29, entitled

An act to amend section eight, chapter eleven, title five, General Statutes, 1865.

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

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

Senator Headlee introduced

Senate bill No. 30, entitled

An act to establish the twenty-first judicial circuit, to provide for the appointment of a judge and for other purposes.

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

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

Senator Filler introduced

Senate bill No. 31, entitled

An act to repeal an act entitled "an act providing for the trial of

misdemeanors by information instead of indictment, and amending chapters one hundred and eighty-six, two hundred and seven, two hundred and ten and two hundred and eleven, relating to misdemeanors, by repealing certain sections thereof," approved March 27, 1868, and to re-enact sections twenty-two, twenty-three and twentyfour of chapter two hundred and ten, and section thirty-four of chapter two hundred and eleven, and section thirty-one of chapter two hundred and seven, and sections two, three, four, five and eleven of chapter one hundred and eighty-six of the General Statutes.

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

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

Senator Gottschalk introduced

Senate bill No. 32, entitled

An act to amend an act entitled an act to provide for the re-organization of the St. Louis circuit court and regulate proceedings therein, approved December 19th, 1865.

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

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

Senator Rogers introduced

Senate bill No. 33, entitled

An act to amend an act entitled an act to establish a probate court in Mercer county, Mo., approved March 28th, 1861.

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 Morrison introduced

Senate bill No. 34, entitled

An act to establish a court of common pleas.

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

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

Senator Reed introduced

Senate bill No. 35, entitled

An act to amend the Constitution of this State by striking out all those sections of said Constitution which place white male citizens under disabilities for previous acts of disloyalty.

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

On motion of Senator Reed,

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

Senator Davis introduced

Senate bill No. 36, entitled

An act repealing an act entitled "an act amendatory of section one, chapter seventy, General Statutes of Missouri, concerning benevolent, religious and educational associations," approved March 5th, 1868, and

re-enacting and amending said section one, chapter seventy, General Statutes of Missouri.

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

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

Senator Harbine introduced
Senate bill No. 37, entitled

An act to facilitate the intercourse between railroads in this State and those of adjoining States, and to authorize certain railroad companies to consolidate their stock.

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

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

On motion of Senator Spaunhorst

The Senate adjourned until two o'clock this afternoon.

AFTERNOON SESSION.

The Senate met pursuant to adjournment.

The President in the chair.

The roll of the Senate being called, there were

Present-Senators Boardman, Brown of Shelby, Carroll, Clark, Conrad, Davis, Dodson, Elwell, Essex, Filler, Gottschalk, Headlee, Human, Morrison, Rogers, Roseberry, Reed, Shelton, Spaunhorst, Todd, Waters and Williams-22.

Absent-Senators Blodgett, Harbine and Rollins-3.

Absent with leave-Senators Birch, Brown of St. Louis, Bruere, Cavender, Evans, Graham, Morse, Rea and Ridgley-9.

The President laid before the Senate additional papers in the contested election case of Foster vs. Essex, which,

On motion of Senator Headlee,

Were referred to the Committee on Elections.

The President presented to the Senate the following communication from the State Superintendent of Public Schools:

OFFICE OF STATE SUPERINTENDENT PUBLIC SCHOOLS,
CITY OF JEFFERSON, January 18th, 1869.

Hon. E. 0. Stanard, President of Senate of Missouri :

SIR-In accordance with law, I have the honor herewith to lay before the Senate my third annual report, together with an appendix containing reports from county superintendents, county and township abstracts. Respectfully,

T. O. PARKER, Supt. Public Schools.

Senator Elwell moved that the report lie on the table, and that two thousand copies be ordered to be printed.

Senator Williams moved to amend by inserting one thousand copies instead of two thousand, and that one hundred copies thereof be for the use of the State Superintendent of Public Schools;

Which amendment was accepted.
The motion was then adopted.

On leave, Senator Blodgett introduced
Senate bill No. 38, entitled

An act to amend an act entitled "an act to incorporate the town of Holden, in Johnson county," approved February 21, 1861.

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

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

Senator Harbine submitted the following report from the Committee on the Judiciary:

MR. PRESIDENT-The Committee on the Judiciary, to whom was referred Senate bill No. 5, entitled an act to amend section fifty-three, of chapter one hundred and thirty-five of the General Statutes of Missouri,

Have taken the same under consideration and recommend the accompanying substitute therefor.

The bill considered proposes to amend the section and chapter of the General Statutes above mentioned in two particulars:

First. By omitting that portion of the section which requires the clerk of the district court to transmit a copy of the opinion of said court within thirty days after the same is filed in his office to the circuit or other court from which the case was taken. Your committee believe that it is proper that the circuit or other court from which the case is taken to the district court should be officially informed of the opinion of that court, and that the method of doing so pointed out in the Statute is the proper one. If the case is final in the district court, and no appeal is taken to a higher tribunal, it would seem eminently proper that opinion should be sent to the court below for its information and proper guidance. Even where the case is appealed and the Supreme Court decides adversely to the opinion of the district court it can do no injury to have the overruled opinion of the latter on file in the inferior tribunal, and as it involves no additional costs to do so, your committee think the law in that particular had better remain as it is.

Second. The bill proposes when a case is taken from the district to the Supreme Court, instead of transmitting a copy of the record, to send the record itself as sent from the inferior to the district court. If that change be adopted it will save the cost and trouble of copying the record as sent from the lower to the district court. As every purpose will be as well subserved in the Supreme Court by using the original

record sent to the district court from below, instead of a copy, your committee are of opinion that there is a benefit in the proposed change and therefore offer the accompanying substitute which adopts the last and rejects the first amendment contained in said bill.

The substitute so reported as follows:

Strike out all after the enacting clause and insert:

SECTION 1. Section fifty-three of chapter one hundred and thirtyfive of the General Statutes is hereby amended so as to read as follows:

SEC. 53. The clerk of the district court shall, when the opinion of the court is filed in his office, endorse thereon the date it is filed and enter the same upon his minutes, and shall within thirty days thereafter make a true copy thereof and shall transmit the same without delay to the circuit court or other court from which the same was taken; but when the case is taken by appeal, writ of error or otherwise to the Supreme Court he shall transmit a certified copy of the opinion, together with a transcript of the record and proceedings in the district court, accompanied by the record as received from the circuit or other court from which the case was taken, and the record as originally filed in the district court shall have been perfected by writ of certiorari from such court, or by agreement of the parties, the record as perfected or agreed upon shall be transmitted to the Supreme Court with the other papers as provided in this section.

SEC. 2. This act shall take effect from and after the day of its approval.

Substitute read the first and second times and agreed to.
On motion of Senator Blodgett

.

The bill was considered engrossed, was read the third time and passed by the following vote:

AYES-Senators Blodgett, Boardman, Brown of Shelby, Carroll, Clark, Conrad, Davis, Dodson, Elwell, Essex, Filler, Gottschalk, Harbine, Headlee, Human, Morrison, Rogers, Rollins, Roseberry, Reed, Spaunhorst, Todd, Waters and Williams-24.

NOES-Senator Shelton-1.

Absent-None.

Absent with leave-Senators Birch, Brown of St. Louis, Bruere, Cavender, Evans, Graham, Morse, Rea and Ridgley-9.

The title of the bill was then agreed.

Senator Blodgett moved to reconsider the vote by which the bill passed and moved to lay that motion on the table.

The latter motion was agreed to.

Senator Gottschalk offered the following resolution:

Resolved, That the Secretary of State furnish to the Committee on Elections such papers and public documents as the Committee on Elections may deem necessary.

Resolution read and adopted.

The President laid before the Senate the following communication from the Secretary of State.

« PreviousContinue »