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relating to sale of intoxicating liquors, beg leave to report that they have had the same under consideration and have instructed me to report the same back to the Senate with the recommendation that the same be indefinitely postponed.

Ordered passed on file.
Also:

THOS. A. CHESHIRE,

Chairman.

MR. PRESIDENT-Your committee on Judiciary, to whom was referred Senate file No. 60, a bill for an act amending section 576 of the code, relative to the duties of township clerk, beg leave to report that they have had the same under consideration and have instructed me to report the same back to the Senate with the recommendation that the same do pass. THOS. A. CHESHIRE,

Chairman.

Ordered passed on file.

MESSAGES FROM THE HOUSE.

The following messages were received from the House:

MR PRESIDENT-I am directed to inform your honorable body that the House has passed the following bill in which the concurrence of the Senate is asked:

House file No. 8, a bill for an act to amend section 1096 of the code in relation to time of closing polls at election.

Passed on file.

S. M. CART,

Chief Clerk.

Also:

MR. PRESIDENT-I am directed to inform your honorable body that the House has passed the following bill in which the concurrence of the Senate is asked, House file No. 58, a bill for an act to amend section 2992 of chapter 9, title 14 of the code of Iowa, relating to landlord and tenant. S. M. CART,

Passed on file.

BILLS ON THIRD READING.

Chief Clerk.

On motion of Senator Harriman House file No. 52, a bill for an act to amend section 5373 of the code, relating to the offering of evidence on the part of the state in the trial of criminal causes was taken up and considered.

Senator Garst moved to refer House file No. 52, to the committee on Judiciary.

A roll call was demanded.

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On the question, Shall the bill be referred to the committee on Judiciary?

The yeas were:

Senators Ball, Bishop, Brighton, Cheshire, Crossley, Emmert, Finch, Garst, Healy, Junkin, Lewis, Lyons, McIntire, Mullan, Penrose, Porter, Townsend-17.

The nays were:

Senators Alexander, Alberson, Allyn, Arthaud, Bachman, Blanchard, Classen, Craig, Eaton, Fitchpatrick, Gorrell, Griswold, Harriman, Hayward, Hazelton, Hobart, Hopkins, Lambert, Lister, McArthur, Mardis, Moffit, Nolan, Perrin, Smith, Tallman, Titus, Trewin, Wallace, Wilson, Young-31.

Absent or not voting:

Senators Bolter, Hubbard-2.

So the motion was lost.

Senator Cheshire offered the following amendment and moved its adoption :

I move to amend the bill by adding at the end of section 1, the following: "If the defendant be not found within the county."

A roll call was demanded on the amendment.

On the question, Shall the amendment be adopted?

The yeas were:

Senators Alberson, Allyn, Ball, Bishop, Brighton, Cheshire, Classen, Craig, Crossley, Emmert, Finch, Fitchpatrick, Garst, Hayward, Healy, Hobart, Junkin, Lambert, Lewis, Lister, Lyons, McArthur, McIntire, Mullan, Nolan, Penrose, Porter, Tallman, Titus, Townsend, Wilson, Young-32.

The nays were:]

Senators Alexander, Arthaud, Bachman, Blanchard, Eaton, Gorrell, Griswold, Harriman, Hazelton, Hopkins, Mardis, Moffitt, Perrin, Smith, Trewin, Wallace-16.

Absent or not voting:

Senators Bolter, Hubbard-2.

So the amendment was adopted.

Senator Healy offered the following amendment and moved

its adoption:

Add as section 2, that said section 5373 be further amended by adding the words, "or his attorney" after the word defendant in line 20 of said section.

Adopted.

The Secretary read the bill for information.

Senator Harriman moved that the rule be suspended and the bill be read a third time now, which motion prevailed and the bill was read a third time.

On the question, Shall the bill pass?

The yeas were:

Senators Alexander, Alberson, Allyn, Arthaud, Bachman, Ball, Bishop, Blanchard, Brighton, Cheshire, Classen, Craig, Crossley, Eaton, Emmert, Finch, Fitchpatrick, Garst, Gorrell, Griswold, Harriman, Hayward, Hazelton, Healy, Hobart, Hopkins, Junkin, Lambert, Lister, Lyons, McIntire, Mardis, Moffit, Nolan, Penrose, Perrin, Porter, Smith, Tallman, Titus, Trewin, Wallace, Wilson, Young-44.

The nays were:

Senators Hobart, Lewis, McArthur, Mullan, Townsend-5. Absent or not voting:

Senators Bolter, Hubbard-2.

Senator Harriman moved to amend the title by writing the words five thousand, three hundred and seventy-three, and by enclosing the figures in parentheses.

Carried.

So the bill having received a constitutional majority was declared to have passed the Senate and its title as amended agreed to.

Senator McArthur moved that the time for adjournment be extended ten minutes.

Carried.

Senator McArthur offered the following Joint resolution, No. 5:

Resolved, By the Senate, the House concurring, That the governor be authorized to, and we recommend he grant a pardon or parole to Thomas Kelly, formerly of Lucas county, Iowa, and now confined in state prison at Anamosa, upon such terms and conditions as the governor may prescribe.

Read first and second time and referred to committee on Penitentiaries and Pardons.

The Journal of yesterday was taken up, corrected and approved.

Senators Hazelton and Nolan exchanged seats, Senator Hazelton now occupying seat No. 20 and Senator Nolan occupying seat No. 25.

Senator Penrose moved that the Senate now adjourn until 10 o'clock A. M., to-morrow.

Carried.

Senate adjourned.

SENATE CHAMBER,

DES MOINES, Friday, February 2, 1900.}

Senate met in regular session at 10 o'clock A. M., President Milliman presiding.

Prayer was offered by Rev. G. W. L. Brown of Des Moines, Iowa.

MESSAGES FROM THE HOUSE.

The following messages were received from the House:

MR. PRESIDENT-I am directed to inform your honorable body that the House has passed the following bill in which the concurrence of the Senate is asked:

House file No. 58, a bill for an act to amend section 2992, of chapter 9, title 14, of the code of Iowa, relating to landlord and tenant.

Passed on file.

S. M. CART,

Chief Clerk.

Also:

MR. PRESIDENT-I am directed to inform your honorable body that the House has passed the following joint resolution in which the concurrence of the House was asked:

Joint resolution No. 3, authorizing the executive council to print and bind extra copies of the report of the board of control of state institutions.

S. M. CART,

Chief Clerk.

Passed on file.

Also:

MR. PRESIDENT-I am directed to inform your honorable body that the House has passed the following bill in which the concurrence of the Senate is asked:

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