The question occurred on the adoption of the resolution of Mr. Prentis in reference to Mr. Nichols placing barber chair in Mr. Prentis moved the adoption of the resolution. cloak room. Adopted. Mr. Clark of Hamilton moved that the Speaker and Chief Clerk be allowed to appoint a page. Carried. Mr. Hinkle moved that a committee of three be appointed to wait on the Senate and inform that body that the House is ready for business. Carried. The following were appointed as such committee: Messrs. Hinkle, Kendall and Lyman. Mr. Carr offered the following resolution and moved its adoption: Resolved, That the Speaker appoint a committee of three to inform the Governor that the House is ready to receive communications. Adopted. The committee was appointed as follows: Messrs. Carr, Towner and Hawk. Mr. Theophilus offered the following resolution and moved its adoption: Resolved, That the rules of the House of the Twenty-seventh General Assembly be the rules of this House until otherwise ordered. Adopted. Mr. McGion offered the following concurrent resolution, which was laid over under rule 34: Resolved, By the House, the Senate concurring, That the Secretary of State be directed to furnish suitable stationery for the use of the Senate and House. The following committee was appointed to confer with a like committee from the Senate regarding mail carrier: Messrs. Cowles, Sweet and Blake. The committee in the contested election case of Battey vs. Byers was appointed as follows: Messrs. Temple, Eaton, Edwards, Carter, Wilson of Washington, Conley, Theophilus. C. R. Benedict appeared and was sworn in as Speaker's clerk. Mr. Kendall was called to the chair at 3 P. M. Mr. Carter moved that M. L. Temple of Clark county, be elected speaker pro tem. Carried. The chair appointed Messrs. Carter and Theophilus as a committee to escourt the speaker pro tem elect to the chair. Mr. Carr appeared and reported for the committee to notify the Governor that the House was ready to receive communications that the duty had been performed. Speaker Bowen resumed the chair at 3:05 o'clock P M. NOTICE OF CONTEST OF F. S. GIBSON V. J. C. COTTRELL. Before the House of Representatives of the Twenty-eighth General Assembly of the state of Iowa. In the matter of the contest for the office of representative from the Seventyeighth district. You are hereby notified that on or before the 14th day of December, 1899, there will be on file in the office of the Secretary of State, of the state of Iowa, the statement of F. S. Gibson, contesting your right to a seat in the Twenty-eighth General Assembly of the said state as the representative from the Seventy-eighth Representative district, and alleging that he has been duly and legally elected to the said office, and asking that he be given his seat therein. You are further notified that the statement of contest is attached to this notice, and that the said matter will come before the House of Representatives for its decision upon the convening of the said General Assembly. I, F. S. Gibson, being sworn, say that I am the contestant in the foregoing statement for contest; that I have read the said statement and know the contents thereof, and that the allegations therein contained are true as I verily believe. F. S. GIBSON. Subscribed in my presence and sworn to before me this 13th day of December, A. D., 1899. HERBERT S. MARTIN, Notary Public in and for said county. STATE OF IOWA, }: SS. I, O. F. Herron, sheriff of said county, hereby certify and return that I received the annexed notice of contest and statement for contest for service on the 13th day of December, A. D., 1899, and that on the 13th day of December, A. D., 1899, I served the same on the within named J. C. Cottrell by reading the annexed notice of contest and statement for contest to him personally, and by delivering to him personally a true copy thereof at Kingsley, in Plymouth county, Iowa. Fees, $3.50. O. F. HERRON, Mr. Harbert moved that a committee of five be appointed to which all papers in the above case be referred. By unanimous consent, on motion of Mr. Jones, the committee was increased to seven. Carried. Notice of contest to the seat of chair by Mr. Scott was filed by Nathan Lindsey. Mr. Jones moved that all the papers in the above case be referred to a committee of seven. Carried. Following is the notice of contest in the case of Lindsey v. Scott: NOTICE OF CONTEST. To the House of Representatives of the Twenty-eighth General Assembly of the state of Iowa. Nathan Lindsey, Contestant. V. W. J. Scott, Incumbent. The undersigned, Nathan Lindsey intends to contest the election of W. J. Scott and his right to represent Monona county in the House of Representatives of the Twenty-eighth General Assembly of the state of Iowa, at the general election held on the seventh day of November, A. D., 1899, for the following reasons: First.-Because W. J. Scott incumbent at the time of his election to such office, was an actual resident and citizen of Ida county, in said state of Iowa, and by reason thereof was not eligible to said office of representative in the General Assembly of said state for Monona county at the time of his election. Second. Because section 58 of chapter 161 of the acts of the Twentyseventh General Assembly of the state of Iowa is in conflict with sections 25 and 36, article 3 of the constitution of the state and is null and void. Third.-Because both Monona county and Ida county which by section 58, of chapter 161 of the acts Twenty-seventh General Assembly of the state of Iowa are placed in the Fifty-seventh district, are each entitled singly to a Representative in the General Assembly of said state, under the ratio of representation fixed by section 1 of said act, and section 35 of article 3 of the constitution of said state. The said Nathan Lindsey is a male citizen of the United States and of said Monona county, and was at the time of the last general election in said state, and is now on the 7th day of November, A. D. 1899, was over the age of 21 years, and is now and was on the 7th day of November, A. D., 1899, an actual resident of said Monona county, and has been, an actual resident of said Monona county more than one year next preceding the 7th day of November, A. D., 1899, and now is, and at the time of said general election was duly qualified and eligible for the office of representative in the General Assembly of the state of Iowa from said Monona county. The said Nathan Lindsey received the highest number of votes cast for any person eligible to said office from said county, at said election and by reason thereof is entitled to a seat in the House of Representatives of the Twenty-eighth General Assembly of the state of Iowa. Said Nathan Lindsey makes no claim adversely to the right of the said incumbent, W. J. Scott, to represent said Ida county in said General Assembly. NATHAN LINDSEY, Contestant. I, Nathan Lindsey, being first duly sworn, depose and say on oath, that I am the contestant named in the foregoing statement of contest, that I have read said statement, and that the statements and allegations therein contained are true as I verily believe. Subscribed in my presence and sworn to before Lindsey, this 12th day of December, A. D., 1899. NATHAN LINDSEY. me, by the said Nathan In testimony whereof I have hereunto subscribed my name and affixed my notarial seal the day and year last above written. [SEAL] STATE OF IOWA, ss IDA COUNTY, GEO. A. OLIVER, Notary Public in and for said County. I, J. L. Gemmill, sheriff in and for said county and state, do hereby certify that the foregoing came into my hands for service on the 13th day of December, A. D., 1899. And that I did on the 13th day of December, 1899, serve the same on the above named W. J. Scott by reading the same to him and by then and there delivering to him a true copy thereof. All done in the county of Ida and state of Iowa. J. L. GIMMELL, Sheriff in and for said county. By W. F. BRAUMAN, Deputy. Mr. Jones offered the following resolution which was laid over under rule 34: Resolved, By the House the Senate concurring: That a committee of six, three from the House and three from the Senate, be appointed to select employes other than the committee clerks necessary for the work of the Twenty-eight General Assembly. The following committee was appointed in case of contest of Gibson v. Cottrell: Messrs. Harbert, Barringer, Carr, Letts, Veneman, Davis, McGinn. The following committee was appointed in the contest case of Lindsey v. Scott: Messrs. Jones, Wilson of Keokuk, Blakemore, Hurn, Myers, Sauer and Jaeger. Mr. Prentis offered the following resolution and moved its adoption: Resolved, That seats for) duly accredited reporters of daily papers be assigned them in the reporters gallery by the Chief Clerk of the House. Adopted. Mr. Prentis offered the following concurrent resolution and moved its adoption: Resolved, By the House, the Senate concurring: That the two houses meet in joint session at 2:30 P. M. to-morrow for the purpose of opening and counting the vote for Governor and Lieutenant-Governor cast at the last state election. Adopted. Mr. Carr moved that when the House adjourns, it adjourn until 10 o'clock to-morrow. Carried. Mr. Stewart moved that the House adjourn. Carried. |