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174
Journal of The House of the Extra. Session of the to % * ** * toft Thirty-Second General Assembly of the State of Iowa WHICH CONVENED AT THE CAPITOL AT DES MOINES, AUGUST 31, 1908, ADJOURNED TEMPORARILY SEPTEMBER lO, 1908, RECONVENED NOVEMBER 24, 1908 AND AD- JOURNED SINE DIE NO- VEMBER 24, 1908. D E S MOINES E M O R Y H . ENGLISH, STATE PRINTER E. D . CHA88ELL, 8TATE BINDER 1908

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Page 1: Thirty-Second General Assembly - Iowa Legislature · Thirty-Second General Assembly ofthe ... DeWell, Hiram Dodds, Des ... Justin R Dow, D. W.." Drury, Will Dunn, Miles Henry Retired

J o u r n a l of T h e H o u s e

of the

Extra. Session

of the to

%

* ** * toft

Thirty-Second General Assembly

of the

State of Iowa

WHICH CONVENED AT THE CAPITOL AT DES MOINES, AUGUST 31, 1908, ADJOURNED TEMPORARILY

SEPTEMBER lO, 1908, RECONVENED NOVEMBER 24, 1908 AND AD­

JOURNED SINE DIE NO­VEMBER 24, 1908.

D E S MOINES E M O R Y H . E N G L I S H , S T A T E P R I N T E R

E . D . C H A 8 8 E L L , 8 T A T E B I N D E R

1908

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3 A T- 77 7/ T a f i % & t

OFFICERS OF THE HOUSE.

Speaker: N. E. KENDALL,

Albia, Monroe County.

Speaker Pro Tempore: A. F. N. HAMBLETON,

Oskaloosa, Mahaska County.

Chief Clerk: C. R. BENEDICT,

Shelby, Shelby County.

Assistant Chief Clerk E. J . Frisk, Des Moines, Polk County. Journal Clerk Eva Seevers, Oskaloosa, Mahaska County. Sergeant-at-Arms T. W. Hazleton, Calmar, Winneshiek County. Chief Doorkeeper R. C. Kenneley, Stuart, Guthrie County.

OTHER EMPLOYES.

Speaker's Clerk Ruth Woodruff, Des Moines, Polk County. Speaker's Page Leo Pickett, Des Moines, Polk County. -Messenger .Everett McDonald, Des Moines, Polk County. Messenger .Kenneth Robinson, Webster City, Hamilton County Janitor R . N. Hyde, Des Moines, Polk County.

957087

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T H E HOUSE O F REPRESENTATIVES O F T H E E X T R A SESSION O F T H E THIRTY-SECOND GENERAL ASSEMBLY.

NAME P . 0 . ADDRESS COUNTY COMPOSING DISTRICT OCCUPATION NATIVITY

Yea

rs

In I

ow

a

Age

North Carolina 54 63 Canada & 56 Iowa 48 48 New York 54 59 Iowa 36 36 Iowa 48 48 Iowa 53 53

52 58

Iowa "5" Hi New York 42 66 Ohio - 39 66 Germany 32 56 New York 37 74 Ohio : 41 60 Iowa 44 44 Wisconsin 36 45 Canada * 5ft 53

45 50 New York 38 48 Illinois 38) $1 Iowa 2» 2» Indiana 53 59

36 38 New York m 56 Michigan 49 73 Iowa 46 46

63 71 46 48

Iowa 50 56 Pennsylvania 54 75 Illinois 40 56 Pennsylvania 52 56 Iowa S3 88

27 40 Ohio 52 Gi

Allred, William P Anderson, William Arney, Wallace*H Baird, E. D Balluff, Frank Bascom, J . L Bauman, 8. H Beery, Enoch Vacancy} Blxby, R . J Blackmore, A. C Bonwell, John C Brandes, H. C Calkins, George C Cassady, E . M Clarke, James F Clary, Tim C Conn, Stanley Corrie, S. M Cottrell, J. C Darrah, John H DeMar, John C. DeWell, Hi ram Dodds, "William D Doran, Just in R Dow, D. W.." Drury, Will Dunn, Henry Dye, C. C Dye, Willoughby Earle, Willard C Elliott, Jesse D Feay, Samuel A Feely, Guy A Felt, B. F. , J r Fenn, Joel M

Corydon . . . Jewell Marshalltown . Nor th English . Davenport Mllford Birmingham ... Salem

Wayne Hamilton , Marshall Iowa Scott Dickinson . . . Van Buren ._ Henry

Edgewood Northwood Ross Hancock Mount E t n a Whit ing Fairfield New Hampton Parkersburg I d a Grove — Klngsley Charlton , Belknap Clarence Danville Beaver Hampton Wal l Lake Miles Lineville, R. F . D. 2 Macedonia Waukon Hawleyville Rock Rapids Waterloo Spencer Murray

Delaware Wor th — Audubon Pottawattamie Adams Monona Jefferson Chickasaw Butler I d a Plymouth — Lucas : Davis Cedar Des Moines Boone Franklin Sac — Jackson Decatur Pottawattamie Allamakee Page Lyon Black H a w k __ Clay Clarke

F a r m e r Banker and Fa rmer Fa rmer and Stock Banker and Stock Insurance Attorney Veterinarian and Farmer-Fa rmer and Stock

Fa rmer and Stock Retired Agriculturalist : Fa rmer Farmer ; Banker, Merchant, Fa rmer Physician and Surgeon Lawyer Fa rmer Fa rmer Fa rmer Merchant Superintendent Schools Fartner Fa rmer Fa rmer Lawyer ; Fa rmer and Stock Retired Fa rmer Fa rmer Banker and Merchant Agriculturalist -Physician Hardware Merchant Lawyer „ Fa rmer Fa rmer

tCaused b y removal f rom district of Berges J . Bergeson.

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Flugum, C. N Fox, John Geneva, Thos.-i

11 I Greenwood, C. G Grier, Geo. E Hackler, Chas. W._ Hambleton, A. F . N_.

Hanna, W . H Hanson, Thor. O . Harding, W. L . . . Harvey, Mahlon .. Heles, Philip

Vacancy** Holmes, Otis H Hume, Thos. H Inman, Loren W_.

Jewell, P . M Jones, F . F Kelley, John H Kellogg, Geo. A Kendall, A. W Kendall, N . E Koontx, Geo. • W Kull, Hermann Lee, N . J Lister, John Lowrey, J . H McAllister, John McDonald, Edward McElrath, Wm. W Maben, O. K Mann, Asahel Marston, Chas. L Mason, John B Mercer, James Meredith, C. A Miller, Charles Miller, Simon Moore, Ernes t R

Morris, James F . . Nix, B. T

Leland Dallas Center . W h a t Cheer Silver City Deep River F o r t Dodge Oskaloosa

Garrison ; Bode Sioux City Sibley N. Buena Vista,

R . F . D. 2

Algona St. Ansgar Marble Rock

Decorah Villisca Altoona Missouri Valley Delmar Albia Iowa City Cresco, R. F . D. 7-Estherville Conrad Pomeroy Cedar Rapids Coon Rapids Moville Forest City, R. 7 Hamburg Mason City F o r t Madison Fonda Atlantic Waverly Dubuque Cedar Rapids

Ireton Afton .

Winnebago Dallas Keokuk Mills Poweshiek Webster Mahaska

Benton . Humboldt -Woodbury Osceola

Dubuque

Kossuth Mitchell Floyd

Winneshiek Montgomery Polk Harrison Clinton Monroe Johnson Howard Emmet Grundy Calhoun Linn Carroll Woodbury Hancock Fremont Cerro Gordo Lee Pocahontas Cass Bremer _ Dubuque Linn

Sioux Union

••Caused by death of William H . Hlckey.

Fa rmer , F a r m e r Merchant and Stock Banker and Lumberman Banker Lawyer i Real Es ta te and Exam­

iner of Titles 1 Fa rmer and Stock Bank Cashier Attorney Fa rmer

Fa rmer

Clergyman Lumber and Grain Fa rmer and School­

teacher Physician and Surgeon— Banker and M e r c h a n t -Fa rmer Banker Fa rmer -Lawyer Banker Fa rmer Lawyer Fa rmer and Stock Banker Retired F a r m e r Live Stock Dealer Banker and Fa rmer Fa rmer Fa rmer Physician and Surgeon.. Pr inter Fa rmer Lawyer Pr in ter Teamster Banker and Manufac­

turer . . . Fa rmer and Stock Fa rmer

Norway 36 49 England 40 W England 50 51 Maine — 28 TO Iowa - i. 32 32 Illinois 18 33

Iowa 51 51 Iowa 49 43 Wisconsin 3» 49 Iowa - 31 31 New York 1 35 61

Iowa 48 48

Iowa 13 30 Iowa 39 39

Iowa 38 38 Ohio 28 60 New York 33 53 Ohio 33 33

38 33 Iowa 51 51 Iowa 40 40 Pennsylvania 53 63 Wisconsin 9 & Iowa 35 35 Illinois 38 5i Illinois 40 58 Ireland 48 68 Iowa 46 46 Ireland 2rt 60 Iowa 40 40 Indiana 57 65 Illinois 15 38 Iowa 50 52 Canada 59 61 Iowa 45 45 Iowa - 4d 46 Wisconsin 25 W

Iowa 39 3» Illinois 53 H Kentucky 40 6B

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T H E H O U S E O F R E P R E S E N T A T I V E S O F T H E E X T R A S E S S I O N O F T H E T H I R T Y - S E C O N D G E N E R A L A S S E M B L Y .

N A M E P . 0 . ADDRESS COUNTY COMPOSING DISTRICT O C C U P A T I O N

«

CO £

NATIVITY 0) tft

<

Kentucky 45 64 Iowa » 1 81 I l l inois 28 41 I l l inois - 4© 49 I r e l and m 5ft New York 41 5i Iowa 5« 5ft Ohio ; S3 58 Ge rmany a u 54 Iowa 42 42 I o w a 50 50 Iowa 42 42 C a n a d a 31 46 New York 28 70 K a n s a s 27 2.) Pennsy lvan ia 29 55 I n d i a n a 58 62 I l l inois 24 40 Iowa 45 45

Iowa m 3» Pennsy lvan ia 33 m Iowa 47 47 Iowa 38 3ft Missour i ftft ffl Iowa m 50 Ohio 53 58 Wisconsin 40 62

I l l inois 16 43 I o w a 43 43 Iowa 2a 28 Eng land 36 51

Offlll, J o h n F P a u l , Cl i f ford B Pierce, H. L Price, Clint L-R e a n e y , R o b e r t J Reite, Henry H Ritter, Henry Schoenenberger, John. Schroeder, H. _ C Schulte, G. H Sha f f e r , J . D Sheldon, F . E Sidey, E, J Smi th , J o h n R Sparks, Clyde O Springer L. F Stewart, J. Warren... St i l lman, P a u l E Sto l tenberg , A . H

Sul l ivan, J o h n B — . Swan , George W — Swift, Curran F T e t e r , L o r e n z o D — V a n H o u t e n , G. H . W e b s t e r , D . D W e e k s , E l b e r t W—. Weiden , W i l l i a m . . . W h i t e , Geo. C

Wi l son , W a r d . Wolfe, John L-Youde, C h a r l e s

P r a i r i e C i ty A n a m o s a L i n n Grove I n d i a n o l a C o l u m b u s Junc t ion . Donne l l son B u r l i n g t o n E a s t P e r u Sch leswig E l k a d e r E lg in , R . F . D . 1„ M o u n t A y r Greenfield E a g l e Grove E l d o n — Independence K e o t a J e f f e r s o n D a v e n p o r t

D e s Moines P l a n o R . F . D . 2 H a r l a n Knoxvi l l e L e n o x M u s c a t i n e G u t h r i e Cen t e r I o w a F a l l s N e v a d a

T r a e r -C l in ton . . . Su the r l and

J a s p e r J o n e s B u e n a V i s t a W a r r e n L o u i s a L e a Djs Moines . Mad i son C r a w f o r d . . . C l ay ton F a y e t t e Ringgold — A d a i r W r i g h t W a p e l l o B u c h a n a n W a s h i n g t o n G r e e n e Sco t t

P o l k Appanoose — She lby M a r i o n T a y l o r M u s c a t i n e . . G u t h r i e —. H a r d i n S t o r y

T a m a Cl in ton O 'Br ien

F a r m e r a n d S tock School T e a c h e r B a n k C l e r k — P u b l i s h e r L u m b e r D e a l e r F a r m e r B r i c k M a n u f a c t u r e r F a r m e r F a r m e r A t t o r n e y F a r m e r B a n k e r a n d R e a l E s t a t e -P u b l i s h e r F a r m e r L a w y e r A t t o r n e y S tockbuye r a n d F e e d e r -P u b l i s h e r M a n u f a c t u r e r

A t t o r n e y , Min i s t e r a n d F a r m e r R e a l E s t a t e a n d F a r m e r -L a w y e r i E d i t o r a n d P u b l i s h e r F a r m e r L a w y e r M e r c h a n t F a r m e r , G r a i n a n d Coa l

D e a l e r F a r m e r : L a w y e r , F a r m e r

Repub l i cans i n roman—74 . D e m o c r a t s i n i ta l ic—32. Vacancies—2*

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ADDITIONAL INFORMATION.

Former Legislative Service :—Bixby, H. 30, 31 ; Clary, H. 80, 31 ; Conn, H. 30, 31 ; Cottrell, H. 28 ; Darrah, H. 31 ; DeMar, H. 81 ; Dodds, H. 28, 29 ; Doran, H. 30, 31 ; Dow, H. 30, 31 ; Barle, H. 19, g. 21 ; Geneva, H. 30, 31 ; Hambleton, H. 30, 31 ; Heles, H. 80, 31 ; Hume, H. 30, 31; Jones, H. 30,31; Kendall (N . B. ) H. 28, 29, 80, 31; Koontz, H. 27, 28, .29, 30, 31 ; Lister, H. 30, 31; Lowrey, H. 30,

31 ; McAllister, H. 30, 31 ; McElrath, 30, 31 ; Maben, H. 30, 81 ; Mercer, H. 23 ; Meredith, H. 31 ; Morris, H. 30, 31 ; Offlll, H. 30, 31 ; Ritter, H. 30, 31; Shaffer, H. 30, 31 ; Springer, H. 29, 80, 31 ; Stoltenberg, H. 30, 31; Teter, H. 30, 31 ; Van Houten, H. 26, 27 ; Weeks, H. 30, 31; Weiden, H. 30, 31;

Military Service:—Allred, Private Co. H, 46th Iowa I n f t y ; Blackmore, 1st Lieut. Co. I, 64th N. T. Inf ty; Bonwell, 60th and 175th Ohio Vol. Infty ; Cassady, Private 10th U . S. Infty ; Clarke, Major Surgeon 49th Iowa Infty. S. A. W . ; Dow, 2d Lieut. Co. G, 44th Iowa Inf ty ; Dunn, Wagoner Co. A, 24th Iowa Inf ty ; Earle, Private and Captain Co. B, 12th Iowa Inf ty; appointed Colonel 71st U. S. C. I. ; Feely, Private Co. B, 49th Iowa Infty. S. A. W. ; Fox, Private Co. <3, 20th Ohio Infty ; McAllister, Sergeant Co. I, 69th O. V.

V. I. ; Mann, 1st Lieut Co. A, 4th Iowa Cav. ; Mercer, Private 6th Iowa Cav. ; Moore, 1st Lieut, and Quartermaster 49th Iowa Infty. S. A. W. ; Nix, Capt. Co. B, 32d Ky., and Co. D, 53d Ky. Mounted Inf ty ; Offlll, Private Co. A, 3d Iowa Cav.; Van Houten, Co. E, 4th Mo. Cav. ; Weiden, Corporal Co. C, 43d W i s Infty.

Education:—Rural School:—Conn, Corrie, Dodds,, Heles, Kendall (N . E . ) , McDonald. Common School:—Alired, Blackmore, Brandes, Cassady, Dewell, Doran, Dunn, Feay, Fox, Hanna, Kendall (A. W.) , McAllister,

Mann, Miller (Simon), Offlll, Schoenenberger, Shaffer, Sheldon, Sidey, Sparks, Swan, V a n Houten, Webster, Welflen. Graded School:—Cottrell, Drury, Mason, Miller (Chas.), Price, Schroeder, Youde. High School:—Baird, Dye (C. C.), Felt, Jones, Kelley, Koontz, Lowrey, Moore, Morris, Reaney, Reitz. Business College:—Fenn, Geneva, Pierce, Ritter, Stoltenberg. Academy—Anderson, Beery, Calkins, Darrah, Dow, Dye (W. ) , Eîarle, Elliott, Harvey, Hume, Jewell, Maben, Mercer, Mere­

dith, Nix, Smith, Stewart. College :—Arney, Balluff, Bascum, Bauman, Bixby, Bonwell, Clarke, Clary, DeMar, Feely, Flugum, Greenwood, Grier, Hackler,

Hambleton, Hanson, Harding, Holmes, Inman, Kellogg, Kull, Lee, Lister, McElrath, Marston, Paul, Schulte, Springer, Stillman, Sulli­van, Swift, Teter, Weeks, White, Wilson, Wolfe.

Married, 92. Widowers, Kelley, Lowrey, Weiden ; Single, DeMar, Hackler, Harding, Paul, Schulte, Smith, Sparks, Springer, Swan, Teter, Wolfe.

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JOURNAL OF THE HOUSE

H A L L OF T H E H O U S E OF REPRESENTATIVES,

D E S M O I N E S , IOWA, A U G U S T 3 1 . A . D . 1 9 0 8 .

Pursuant to the proclamation of the Governor of the State con­vening the Thirty-second General Assembly in extra session, the House of Representatives convened at 2 o'clock p. m., Monday, August 31, A. D. 1908.

The House was called to order by Speaker N. E. Kendall.

Prayer offered by the Rev. C. W. Sweet of Des Moines, Iowa.

Weeks of Guthrie moved that C. R. Benedict be elected tempo­rary Chief Clerk.

Motion prevailed.

Mr. Benedict then took the following oath, administered by the speaker :

I do solemnly swear that I will support the Constitution of the United States, and of the State of Iowa, and that I wil l faithfully per­form the duties of m y office to the best of my ability, so help m e God.

The roll call disclosed the following members present:

Allred, Anderson, Arney, Baird, Balluff, Bascom, Bauman. Beery, Bixby, Blackmore, Bonwell, Brandes, Calkins, Cassady, Clarke, Clary, Conn, Corrie, Darrah, DeMar, Dewell, Dodds, Doran, Dow, Drury, Dunn, Dye of Decatur, Dye of Pottawattamie, Earle, Elliott, Peay, Feely, Felt, Fenn, Fox, Geneva, Greenwood, Grier, Hackler, Hambleton, Hanna, Hanson, Harding, Heles, Hume, Inman, Jewell, Jones, Kelley, Kellogg, Kendall, Koontz, Kull, Lee, Lister, Lowrey, McAllister, McDonald, McElrath, Maben, Mann, Marston, Mason, Mercer, Meredith, Miller of Bremer, Miller of

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2 JOURNAL OF THE HOUSE. August 31,

Dubuque, Moore, Morris, Nix, Offill, Paul, Pierce, Price, Reaney, Reitz, Ritter, Sclioenenberger, Schroeder, Schulte, Shaffer, Sheldon, Sidey, Smith, Sparks, Springer, Stewart, Stillman, Stoltenberg. Sullivan, Swan, Swift, Teter, Van Houten, Webster, Weeks. Weiden, White, Wolfe, Youde, Mr. Speaker—102.

Members absent were:

Cottrell, Flugum, Harvey, Holmes, Wilson—5.

The Speaker declared a constitutional majority present and the House duly organized.

Committee from the Senate notified the House that the Senate was duly organized and ready to receive any communication that the House desires to transmit.

Dow of Franklin moved that a committee of three be appointed to notify the Senate that the House is organized and ready to receive any communication the Senate desires to transmit.

Motion prevailed.

The Speaker named as such committee Dow of Franklin, Kellogg of Harrison and Sparks of Wapello.

Paul of Jones moved that a committee of three be appointed to notify the Governor that the House is organized and ready to receive any communications he may desire to transmit.

Motion prevailed.

The Speaker named as such committee Paul of Jones, Drury of Sac and Miller of Bremer.

Feely of Blackhawk moved that the rules of the Thirty-second General Assembly be adopted as the rules of this session so far as applicable.

Motion prevailed.

The committee named to notify the Senate that the House is organized and ready for business appeared and reported that it had so acted.

Weeks of Guthrie moved that the following officers be elected:

C. R. Benedict, chief clerk; E. J. Frisk, assistant chief clerk; Eva Seevers, journal clerk; Ruth Woodruff, speaker's clerk; J. W. Hazelton, sergeant-at-arms ; R. C. Kenneley, chief doorkeeper.

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1908.] JOURNAL OF THE HOUSE. 3

Motion prevailed.

Hambleton of Mahaska moved that the members occupy the same seats as during the last session.

Motion prevailed.

The officers of the house assembled at the speaker's desk and took oath of office.

MESSAGES FROM T H E SENATE.

The following messages were received from the senate :

M B . SPEAKER: I am directed to inform your honorable body that the Senate has adopted the following Concurrent Resolution in which the concurrence of the House i s asked:

Concurrent resolution relative to a joint session of the House and Senate for the purpose of inviting the Governor to read his mes­sage before the joint convention.

GEO. A . N E W M A N ,

Secretary of the Senate.

M B . SPEAKEB: I am directed to inform your honorable body that the President of the Senate has appointed as members of the joint committee on the part of the Senate to invite the Governor to read his message before the joint convention, Senator Saunders of Pottawattamie, and Senator Jamison of Clarkb.

GEO. A . N E W M A N ,

Secretary of the Senate.

Sullivan of Polk moved that the house concur in the concurrent resolution relative to a joint session of the House and Senate for the purpose of "inviting the Governor to read his message.

Motion prevailed, so the House concurs.

The Speaker named as committee on the part of the House to invite the Governor to read his message: McAllister of Linn, Cassady of Monona and Earle of Allamakee.

The Speaker appointed as Committee of the House to notify the Senate that the House is now ready to receive it : Smith of Wright, Nix of Union and Pierce of Buena Yista.

The committee appointed to notify the Senate that the House was ready to receive it appeared and reported that i t had so acted.

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4 JOURNAL OF THE HOUSE. [August 31,

The members of the Senate appeared and took seats on the west side of the hall of the House.

JOINT SESSION.

In accordance with the Senate concurrent resolution duly adopted, the joint session was called to order by Lieutenant Gov­ernor Garst.

The roll was then called, and the following members responded :

Allen, Allred, Anderson, Arney, Baird, Balluff, Bascom, Bau-man, Beery, Bixby, Blackmore, Bleakly, Brandes, Bruce, Burgess, Calkins, Cassady, Clarke, Clark, Clary, Conn, Corrie, Darrah, DeArmand, DeMar, Dewell, DeWolf, Dodds, Doran, Dow, Dowell, Drury, Dunn, Dunham, Dye of Decatur, Dye of Pottawattamie, Earle, Eckles, Elerick, Elliott, Ericson, Feay, Feely, Felt, Fenn, Foley, Fox, Frudden, Gale, Gillilland, Geneva, Greenwood, Grier, Hackler, Hambleton, Hanna, Hanson, Harding, Heles, Hopkins. Hughes, Hume, Inman, Jackson, Jamieson of Page, Jamison of Clarke, Jewell, Jones of Montgomery, Jones of Mahaska, Kelley, Kellogg, Kendall, Kimm el, Kinne, Koontz, Kiill, Lee, Lister, Lowrey, McAllister, McDonald, McElrath, McKlveen, Maben, Mann, Marston, Mason, Mattes, Maytag, Mercer, Meredith, Miller of Bremer, Miller of Dubuque, Moon, Moore, Morris, Newberry, Nichols, Nix, Offlll, Paul, Peterson, Pierce, Price, Reaney, Reitz, Ritter, Saunders, Schoenenberger, Schroeder, Schulte, Seeley, Shaffer, Sheldon. Sidey, Smith of Wright, Smith of Des Moines, Smith of Mitchell, Sparks, Springer, Stewart, Stillman, Stirton, Stoltenberg, Stookey. Stuckslager, Sullivan, Swan, Swift, Taylor, Teter, Turner, Yan Houten, Wade, Warren, Webster, Weeks, Weiden, Whipple, White. Whiting, Wilson of Tama, Wilson of Fayette, Wilson of Clinton, Wolfe, Youde, Young, Mr. Speaker—148.

Absent members were :

Cottrell, Flugum, Harvey, Holmes, Lambert, McManus— 6

President Garst declared a constitutional majority of the Gen­eral Assembly present at the joint convention.

The joint committee named to invite the Governor to read his message reported and presented the Governor to the joint conven­tion.

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1908.] JOURNAL OF THE HOUSE. 5

MESSAGE OF THE GOVERNOR.

to the Thirty-second General Assembly in extra session.

Mr. President, Mr. Speaker, Senators and Representatives of the Thirty-second General Assembly. Exercising the authority given to the Governor by the constitution,

I have convened the Thirty-second General Assembly in extra session, and it now becomes my duty to state the purpose for which I have brought you together. I have called this extra session in order thai you might consider and adopt, if i t seems wise to do so, an amendment to the Primary Election Law that will enable the voters of any political party to again express their preference as between candidates for the office of senator in congress when the choice made by any such party a t the June primary is rendered unavailing by death o r with­drawal.

Firmly believing that the failure to provide for such a contingency, coupled with the death of the candidate chosen by the voters of the republican party on June 2d present an extraordinary occasion within the meaning of the constitution, i t is due to you and to the people whom we represent that the reasons which have led me to the procla­mation, under which you have assembled, be fully and fairly set forth.

The increasing difficulties of government, the supreme necessity of inspiring confidence in the wisdom and justice of our laws, and in the fidelity of our law makers, have gradually established the policy in the great majority of the western and southern states, of taking the opinions of the individual or primary voters upon the candidates for the senate, in order to guide, advise or instruct the legislators whose duty i t is to elect senators. This policy was éstablished in Iowa by the present General Assembly in its regular session in 1907, and i t is my abiding conviction that the privilege thus accorded to the people is as deeply cherished as any political right which they now enjoy. What­ever viéw may be held elsewhere, i t cannot be doubted tha t the men of this State look upon the right to select their senators as vitally im­portant. The Thirty-third General Assembly must elect a senator whose tenure of office is six years. During this period there will come before the Senate of the United States many questions of the gravest concern to the people, not only of Iowa but of the nation.

The attempt on the part of congress to fairly and justly regulate and control transportation companies and other corporations doing a n inter­state business, to prevent monopolies and oppressive combinations, to protect the country against the undue might of unnecessary concentra­tion is yet but experimental and incomplete. I believe that the voters are inherently entitled to say, and say directly, who shall deal with these questions in their behalf. You so believed and so provided; but human prevision was not clear enough to cover the condition which death has created. In accordance with the law, all the political parties made their choice for senator in June. The choice made by one of the principal parties cannot be carried into effect; and one of two things is inevitable; either the voters of this party must be denied their right

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6 JOURNAL OF THE HOUSE. [August 31,

for six years, or the Oeneral Assembly must supply the omission in the law. Confronted by these conditions and these alternatives, I have un­hesitatingly determined tha t the constitution warrants and the welfare of the people demands a n extra session.

I have heard i t said tha t the session is called for the benefit of one party, and therefore Improperly called. I t is not t rue and he who so contends is either insincere in his words or superficial in his thought. The men who make up the democratic party are just as much con­cerned in preserving to the voters of the republican party the privilege of selecting their candidate for senator as tney a re in preserving the privilege t o themselves, if t he privilege is an aid to good government, and he who condemns the action I have taken from the low standpoint of party advantage forgets his obligation to the higher standards of patriotism. I t has been urged also tha t if i t was my purpose in calling the session to promote the general good, i t could only be accomplished by a law tha t would permit all the voters, without regard to party, to nominate a candidate, and thus abolish party organization. This is but a partisan pretense, and is intended not to give the people more power, but rather to deprive a large portion of them of the power which under the spirit of the law they now have. The time may come, although I doubt it, when party organizations will be abandoned, but i t has not yet come, nor do I perceive any tendency in tha t direction. All our elective officers, both national and state, are nominated through party organizations, and if senators were elected by direct vote they Would still be nominated by party primaries, caucuses, or conventions.

I t is the extreme of prejudice, therefore, to insist that in order to justify an extra session the measure to be considered must provide for a nomination without respect to party affiliation.

For the reasons I have already stated, I recommend the adoption of a n amendment to the primary election law that will authorize the voters of a party in which the choice for senator made a t the primary election has been rendered ineffective through death or withdrawal, to again express their preferences as between candidates for the office, a t the November election; or, to put i t differently, to enable the voters of the party whose choice has become unavailing to fill the vacancy by another election. 1 recommend tha t the additional expression be taken a t the November election in order to avoid the expense of an independent primary, for i t is manifest tha t if the vote be taken a s suggested, there will be no substantial outlay in addition to that which is necessarily involved in the general election.

I t does not fall within the scope of my duty to advise you with regard to the specific form of the desired amendment. The object to be at­tained is clear and plain and I am sure there will be no serious diffi­culty in reaching it. I may, however, without impropriety, say that t he proposed amendment should confine the privilege of voting for senator, under it, to the members of the party which has been or may be. deprived of its choice. In the particular instance j iow under con­sideration the vacancy exists in the republican party and none but the republicans should be permitted to fill it. When you have an-

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1908.] JOURNAL OF THE HOUSE. 7

swered the question, what i s required to be a republican, you will have discovered the test tha t should be applied. I t is generally believed tha t there are in Iowa more than three hundred thousand men belonging to t ha t party. Not one of them should be excluded from the privilege, nor should any others be admitted t o it.

My reference to the condition immediately before u s mus t not be mis­understood. At the present time a vacancy in the republican choice is to be filled; but a t some future t ime the vacancy may be i n t he choice of another political party. The amendment will necessarily be as general in i ts terms and a s comprehensive i n i ts application a s t h e statute which i t amends. Therefore i t must be r ight for all parties and for the future as well a s the present. The test fo r the privilege t o be exercised must be f a i r and just for peace and quiet a s well a s fo r stress and storm.

I submit the whole matter to you, confident t h a t there never assembled a legislative body more deeply' devoted to t he cause of good government than is the Thirty-second General Assembly of the state of Iowa.

There has been much discussion respecting the manner in which the existing vacancy in the office of senator in congress should be filled. A great deal of i t has been carried on without a n examination of t he law governing the subject and I think i t is only fa i r both t o you and to me that this message express the law as I understand it.

Section 3, paragraph 2, of the constitution of the United States i s a s follows:

"And if a vacancy happens by resignation or otherwise during t h e recess of the legislature of any state, the executive thereof may make temporary appointments until the next meeting o'f t he legislature, which shall then fill such vacancies."

According to the well settled interpretation of th i s clause of t he constitution, if I had made a n appointment i t would have expired with this session of the General Assembly, and if you adjourn without filling t he vacancy my power will not be revived, but t h e vacancy mus t continue until a legislature fills it.

The act of congress relating to the subject is as follows: "Whenever on the meeting of the legislature of any state a vacancy

exists in the representation of such state in the senate, the legislature shall proceed, on the second Tuesday after" meeting and organization, to elect a person to fill such vacancy in the manner prescribed i n t h e preceding section for the election of a senator for a full term."

The authority, responsibility and duty are wholly yours.

Respectfully submitted,

Governor.

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8 JOURNAL OF THE HOUSE. [August 31,

Senator Gillilland of Mills moved that the joint convention dis­solve.

Motion prevailed.

The House reconvened.

Speaker Kendall in the chair.

Darrah of Lucas moved that a committee of fifteen be named to consider the Governor's message and to report thereon by bill or otherwise as soon as possible.

Motion prevailed.

The Speaker named as such committee : Darrah of Lucas, Beery of Henry, Stillman of Greene, Jones of Montgomery, Lee of Emmett, Hackler of Webster, Sullivan of Polk, Moore of Linn, Grier of Poweshiek, Harding of Woodbury, Price of Warren, Geneva of Keokuk, DeMar of Davis, McDonald of Carroll, Pierce of Buena Vista.

Chief Clerk Benedict made the following assignment of seats in the press gallery:

12. Brown, Avery, Des • Moines Daily News.

13. Garrett, Tracy, Chicago Record-Herald; Register & Leader;

8. Hill, Joseph, Register & Leader.

9. Jarnagin, W. E., Des Moines Capital; Dububue Times-Journal.

10. Stevenson, B. D., Omaha Bee; Dubuque Telegraph-Herald; Mar-shalltown Times Republican; Mason City Times Herald; St. Paul Dis­patch.

11. Woodhouse, J. A., Des Moines Daily News; Davenport Democrat; Omaha World-Herald.

14. Weaver, Chauncey A., Sioux City Journal; Chicago Examiner; Chicago Inter-Ocean; New York Sun; Washington Star.

On motion of Sullivan of. Polk, the House adjourned until 10 o'clock tomorrow morning.

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1908.] J O U R N A L O P T H E H O U S E . 9

JOURNAL OF THE HOUSE

H A U . OF T H E H O U S E OF REPRESENTATIVES,

D E S MOINES, IOWA, September 1 , A . D . 1 9 0 8 .

House met pursuant to adjournment.

Speaker Kendall in the chair.

Prayer was offered by the Eev. A. L. Frisbie of Des Moines.

Journal of Monday, August 31st, corrected and approved.

I N T R O D U C T I O N O P B I L L S .

B y Paul of Jones, House File No. 1, a bill for an act to amend the law as it appears in Chapter Fifty-one (51) of the Acts of the Thirty-second General Assembly, relating to the expression of choice of candidates for Senator in the Congress of the United States.

HOUSE FILE NO. 1 .

A B I I X for a n Act t o Amend t h e Law a s i t appears i n Chapter Fifty-one Ib l ) of t he Acts of t h e Thirty-second General Assembly, re la t ing t o t h e Expression of Choice of Candidates for Senator i n t h e Congress of t n e United States.

Be It 1unacted 6y the General Assembly of the State of Iowa: SECTION 1 . The law a s i t appears i n Chapter Fifty-one ( 5 1 ) of t he

Acts of the Thirty-second General Assembly is hereby amended a s follows: SEC. 24-a. Provided t h a t should a vacancy occur i n t h e office of Senator

i n t he Congress of t h e United States a f t e r t he holding of any election as herein contemplated and more than th..\.y days prior to t h e election i n November, or should the choice of candidate for such office a s expressed a t t he primary be by death, withdrawal or otherwise rendered unavai l ing

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10 JOURNAL OF THE HOUSE. [Sept. 1,

between said dates, a n expression of choice may be taken a t t he t ime of holding the general election a s follows:

The names of candidates of any party for the office of Senator in the Congress of the United States shall be printed upon the regular election ballot following the list of candidates of the party in the way contem­plated by the provision of the Primary Election Law, but the names of such candidates shall be separated from the regular ballot and shall be preceded by the words " party."

(The name of the party to be inserted in the blank space.) Candidates for the office of Senator in the Congress of the United

States. (Vote for one.)

Here printed instructions as to who is entitled to vote.

• JOSEPH SMITH

Q J O H N JONES Q WILLIAM THOMPSPON

The voter shall express his preference for candidates in the same man­ner as is contemplated by the provisions of the Primary Election Law.

Any elector who votes for the candidates for Governor, Lieutenant Governor, member of Congress, and members of the Legislature of any party and a t least some of the candidates for elector of such party in the year in which a Presidential election occurs, shall be entitled to express his preference for a candidate for such party for the office of Senator in the Congress of tne United States. A ballot cast not in conformity with these provisions shall not be counted for the office of United States - Sen­ator.

The ballots cast for candidates for Senator in the Congress of the United States a t any general election as herein contemplated, shall be canvassed by the election board, certified and returned in all respects as contemplated by the provisions of the Primary Election Law for the certification and return as to such candidates in the provisions under the regular Primary Law.

Petitions of nomination for candidates for the office of Senator in the Congress of the United States shall be filed in case of a vacancy, or defeat of choice as herein contemplated in the same manner as is contemplated by the provisions of the Primary Election Law, except that such petitions are to be filed a t a date not later than noon of the fifteenth day preceding the date of the November election and the names of the candidates prop­erly filed with the Secretary of State on or before such date shall be by him certified to the county auditors in the same manner as the regular nominees to be voted for a t the general election.

Read first and second time and referred to Special Committee on Elections.

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1908.] JOURNAL OF THE HOUSE. 11

R E S O L U T I O N S .

DeMar of Davis presented the following Joint Resolution:

W H E R E A S , By the act of Divine Providence, in the fullness of time, the people of the State of Iowa have been deprived of one of their representa­tives in the Senate of the United States, therefore,

Be it resolved by the House, the Senate concurring, That a joint con­vention be held in the House Chamber on Tuesday, September 8, 1908, a t 2 o'clock P. M., for the purpose of electing a Senator in the Congress of the United States to complete the unexpired term of the late Senator Wm. B. Allison.

Read first and second time and referred t o Special Committee on Elections.

Allred of Wayne presented the following resolution i n memoriam of "William H . Hickey, deceased:

W H E R E A S , The Hon. William H. Hickey, an honored member of t he House of Representatives of the Thirty-second General Assembly of Iowa, has been removed from our midst by the hand of death, therefore be it,

Resolved, That a s a token of the high esteem in which he was held by the members of this House, that the Sergeant-at-Arms be hereby di­rected to properly drape his desk during the term of th is session.

Adopted.

"Weeks of Guthrie i n the chair.

McAllister of L inn presented the following resolution :

Resolved, That the House take immediate action in regard to additional employes, so that those who are waiting on its action may know what to do as they are paying their expenses and if their services are not needed they may-return to their homes.

Referred to Committee on Retrenchment and Reform.

Kendall of Monroe presented the following concurrent resolution relative to the l i f e and character of Honorable "William B . All ison :

CONCURRENT RESOLUTION.

Resolved by the House, the Senate concurring, That a joint committee consisting of three members of the House and three members of t h e Senate be appointed to prepare and present a suitable memorial respect-

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12 JOURNAL OF THE HOUSE. [Sept. 1

ing the life, character and public services of the Honorable William B. Allison, deceased, late a Senator in the Congress of the United States from the State of Iowa.

B y unanimous consent the same was adopted.

Speaker Kendall in the chair.

Grier of Poweshiek moved that a committee of three be named to determine the amount of mileage due each member and report the same to the House.

Motion prevailed.

The Speaker named as such committee: Grier of Poweshiek, McAllister of Linn, Miller of Dubuque. •

On motion of Teter of Marion the House adjourned until 10 o'clock tomorrow morning.

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1908 .J J O U R N A L O F T H E H O U S E . 1 3

JOURNAL OF THE HOUSE

H A L L O F T H E H O U S E o r REPRESENTATIVES,

DES MOINES, IOWA, S e p t e m b e r 2 , A . D . 1 9 0 8 .

House met pursuant to adjournment. «

Speaker Kendall in the chair.

Prayer was offered by the Rev. C. T. Ilsley of Indianola.

Journal of Tuesday, September 1, corrected and approved.

Lister of Grundy presented petition of the voters of Grundy County asking to have the circle at the head of each ticket on the official ballot replaced.

Referred to special committee on elections.

MESSAGES PROM THE SENATE.

The following messages were received from the Senate:

MB. SPEAKER: I a m d i r e c t e d t o i n f o r m y o u r h o n o r a b l e b o d y t h a t t h e S e n a t e h a s a d o p t e d t h e f o l l o w i n g C o n c u r r e n t R e s o l u t i o n i n w h i c h t h e c o n c u r r e n c e of t h e H o u s e i s a s k e d .

C o n c u r r e n t R e s o l u t i o n , r e l a t i v e t o r u l e s g o v e r n i n g j o i n t c o n v e n t i o n s of t h e S e n a t e a n d H o u s e d u r i n g t h e e x t r a s e s s i o n of t h e T h i r t y - s e c o n d G e n e r a l Assembly .

GEO. A . N E W M A N ,

Secretary.

Also :

MB. SPEAKER: I a m d i r e c t e d t o i n f o r m y o u r h o n o r a b l e b o d y t h a t

t h e S e n a t e h a s c o n c u r r e d i n t h e f o l l o w i n g H o u s e C o n c u r r e n t R e s o l u ­t i o n i n w h i c h t h e c o n c u r r e n c e of t h e S e n a t e w a s a s k e d .

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14 JOURNAL OF THE HOUSE. [Sept. 2,

Relative to the appointment of a joint committee to prepare and present suitable memorial respecting the life, character and public services of the Honorable William B. Allison, (deceased); and the president of the Senate appoints as committee on part of the Senate, Senators Frudden, Saunders, Dunham.

GEO. A . N E W M A N ,

Secretary.

Miller of Bremer presented the following Concurrent Resolution and moved that the same be made a special order for 3 o'clock this afternoon.

CONCUBBENT RESOLUTION.

W H E R E A S , It being desirable that this special session of the Thirty-second General Assembly of Iowa shall come to a speedy close:

Be it resloved by the House of Representatives, the Senate con­curring, That sine die adjournment shall be taken at twelve (12) o'clock M. Thursday, September 3, 1908.

Hambleton of Mahaska presented the following substitute for the Concurrent Resolution and moved the rules be suspended and the same be considered at once.

STJSTITUTE CONCUBBENT ABSOLUTION.

Resolved by the House, the Senate concurring, That this special session of the Thirty-second General Assembly take a recess on Fri­day, September 4, 1908, at 3 p. m. until Monday, November 9th, 1908 at 2 p. m.

Roll call demanded by Sullivan of Polk and McAllister of Linn.

On the question, Shall the rules be suspended and the Substi­tute Concurrent Resolution be considered now.

The yeas were:

Allred, Balluff, Beery Bixby, Blackmore, Bonwell, Brandes, Cas-sady, Clary, DeMar, Dodds, Dow, Dunn, Dye of Decatur, Dye of Pottawattamie, Elliott, Fox, Greenwood, Hambleton, Hanna, Hard­ing, Harvey, Heles, Inman, Kellogg, Koontz, Kull, McAllister, McElrath, Mann, Mason, Meredith, Miller of Bremer, Miller of Dubuque, Moore, Nix, Offill, Paul, Reaney, Ritter, Schoenenberger, Schroeder, Schulte, Sheldon, Sparks, Springer, Swan, Swift, Web­ster, "Wolfe, Mr. Speaker—51.

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1908.] JOURNAL OF T H E HOUSE. 15

The nays were :

Anderson, Arney, Baird, Bascom, Bauman, Calkins, Clarke, Conn, Corrie, Cottrell, Darrah, Dewell, Doran, Drury, Earle, Feay, Feely, Felt, Fenn, Flugum, Geneva, Grier, Hackler, Hanson, Jewell, Jones, Kelley, Kendall, Lee, Lister, Lowrey, McDonald, Maben, Marston, Mercer, Morris, Pierce, Price, Reitz, Shaffer, Sidey, Smith, Stewart, Stillman, Stoltenberg, Sullivan, Teter, Van Houten, Weeks, Wei­den, White, Wilson, Youde—53.

Absent or not voting :

Holmes, Hume—2.

So the House refused to consider the substitute now. On the question, Shall the Concurrent Resolution be considered

now:

The yeas were:

Baird, Balluff, Beery, Calkins, Clary, Cottrell, DeMar, Dodds, Feay, Geneva, Hambleton, Harding, Harvey, Heles, Kendall, Koontz, Kull, Miller of Bremer, Miller of Dubuque, Reitz, Ritter, Schoenenberger, Schroeder, Schulte, Sparks, Springer, Stewart, Swift, Wolfe—29.

The nays were :

Allred, Anderson, Arney, Bascom, Bauman, Bixby, Blackmore, Bonwell, Brandes, Cassady, Clarke, Conn, Corrie, Darrah, Doran, Dow, Drury, Dunn, Dye of Decatur, Dye of Pottawattamie, Barle, Elliott, Feely, Felt, Fenn, Flugum, Fox, Greenwood, Grier, Hack­ler, Hanna, Hanson, Holmes, Hume, Inman, Jewell, Jones, Kelley, Kellogg, Lee, Lister, Lowrey, McAllister, McDonald, McEl-rath, Maben, Mann, Marston, Mason, Mercer, Meredith, Moor, Morris, Nix, Offill, Paul, Pierce, Price, Reaney, Shaffer, Sheldon, Sidey, Smith, Stillman, Stoltenberg, Sullivan, Swan, Teter, Web­ster, Weeks, Weiden, White, Wilson, Youde, Mr. Speaker—77.

Absent or not voting:

Holmes, Hume, Van Houten—3.

So the House refuses to consider the resolution now.

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16 JOURNAL OF T H E HOUSE. [Sept. 2,

REPORT OF COMMITTEE.

Teter o f Marion, f r o m t h e committee o n Retrenchment a n d Reform, submitted t h e fo l lowing report :

M B . S P E A K E B : Your committee on Retrenchment and Reform t o whom was referred a certain resolution relative t o employment of additional help, beg leave t o report t ha t we have had the same under consideration, and we recommend tha t th i s House employ one page and two messengers, one clerk of special committee, and one janitor a s such additional help, and no more; therefore,

Be it resolved by the House-. Tha t Leo Pickett be employed a s speaker's page; tha t Everett McDonald and Kenneth Robinson be employed a s messengers; t ha t Duane Samson be employed a s clerk t o t h e special committee heretofore appointed; and t ha t R. N. Hyde be employed as janitor. The compensation of each to begin Sep­tember 1, 1908.

L . D . TETER,

E . W . W E E K S ,

F . F . JONES,

Committee.

Adopted.

Pr ice o f Warren i n the chair.

R E S O L U T I O N S I N MEMORIAM.

K e l l e y o f P o l k presented t h e fo l lowing resolutions i n memoriam o f H o n . T . E . Haines, deceased:

W H E R E A S , The Honorable T. E . Haines, a n honored member of t he House of Representatives during the Nineteenth General Assembly, died a t h i s home in Altoona, Polk county, Iowa, on the 9th day of May, 1908, therefore be i t

Resolved, Tha t this House has heard with deep sorrow of t he death of one of Iowa's pioneer lawmakers, and honored citizens, and pauses a t th i s t ime t o pay i ts t r ibute of respect to his memory and join with h is f r iends in a n expression of sorrow and deep regret. To h is grief stricken family we extend our sympathy in t he loss of a n honored m a n ; be i t fu r ther

Resolved, Tha t these resolutions be spread upon the records of t he House,-and t h a t a properly engrossed copy, duly authenticated, be sent to t h e members of h i s family.

Adopted.

Hambleton of Mahaska presented t h e fo l lowing resolution :

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1908.] JOURNAL O F T H E HOUSE. 17

Resolved, T h a t a commit tee of t h r e e b e appointed t o p r epa re ap­propr ia te resolut ions of respect occasioned by t h e d e a t h of H o n . Joseph H . Evans , a f o r m e r member of t h e E igh teen th General Assembly of Iowa, recent ly deceased.

Adopted.

Speaker pro tem Price named as such committee, Hambleton of Mahaska, McAllister of Linn, Schulte of Clayton.

CONCURRENT RESOLUTION.

Hambleton of Mahaska presented the following Concurrent Res­olution :

Resolved by the House, the Senate concurring, t h a t a commi t tee of five be appointed, two f r o m t h e Sena te a n d t h r e e f r o m t h e House t o prepare appropr ia te resolut ions i n memory of Hon. Luc i en C. Blan­chard, a f o r m e r member of t h e Twenty-fif th House, a n d Twenty-s ix th , Twenty-sixth E x t r a , Twenty-seventh, Twenty-eighth a n d Twenty-n in tn Senate, General Assemblies of Iowa, who died on March 2, 1908.

Adopted.

Speaker pro tem Price named as such committee on part of the House, Hambleton of Mahaska, Pierce of Buena Vista, Dow

of Franklin.

Hambleton of Mahaska presented the following resolution :

Resolved, T h a t a commit tee of t h r e e b e appointed t o p r e p a r e ap­propr ia te resolut ions of respect occasioned b y t h e d e a t h of t h e H o n . Andrew J . Jewell, a f o r m e r member of t h e Twenty- th i rd Genera l Assembly of Iowa, recent ly deceased.

Adopted-

Speaker pro tem Price, named as such committee, Hambleton of Mahaska, Clary of Chickasaw, L,owrey of Calhoun.

Speaker pro tem Price named as committee on part of House in pursuance to Concurrent Resolution relative to preparing suit­able memorial respecting the life, character and public service of the late Honorable William B. Allison: Kendall of Monroe, Heles of Dubuque, Hackler of Webster.

2

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18 JOURNAL OF T H E HOUSE. [Sept. 2,

Speaker Kendall in the chair.

I n pursuance to the Speaker's order, the roll call disclosed the following members in their seats:

Allred, Anderson, Arney, Baird, Balluff, Bascom, Bauman, Beery, Bixby, Blackmore, Bonwell, Brandes, Calkins, Cassady, Clarke, Clary, Conn, Corrie, Cottrell, Darrah, DeMar, Dewell, Dodds, Doran, Dow, Drury, Dunn, Dye of Decatur, Dye of Pottawattamie, Earle, Elliott, Feay, Feely, Felt, Fenn, Flugum, Fox, Geneva, Greenwood, Grier, Hackler, Hambleton, Hanna, Hanson, Harding, •Harvey, Heles, Inman, Jewell, Jones, Kelley, Kellogg, Kendall, Koontz, Kull, Lee, Lister, Lowrey, McAllister, McDonald, McElrath, Maben, Mann, Marston, Mason, Mercer, Meredith, Miller of Bremer, Miller of Dubuque, Moore, Morris, Nix, Ofíill, Paul, Pierce, Price, Reaney, Reitz, Ritter, Schoenenberger, Schroeder, Schulte, Shaffer, Sheldon, Sidey, Smith, Sparks, Springer, Stewart, Stillman, Stol­tenberg, Sullivan, Swan, Swift, Teter, Van Houten, "Webster, Weeks, Weiden, White, Wilson, Wolfe, Youde, Mr. Speaker—104.

Absent or not Voting:

Holmes, Hume—2.

On motion of Leè of Emmet the House adjourned till 10 A. M. tomorrow morning.

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1 9 0 8 . ] JOURNAL OF T H E HOUSE. 19

JOURNAL OF THE HOUSE

H A L L OF T H E HOUSE OF REPRESENTATIVES,

D E S MOINES, IOWA, September 3 , A . D . 1 9 0 8 .

House m e t pursuant t o adjournment .

Speaker Kenda l l i n t h e chair.

P r a y e r w a s of fered b y t h e Rev . W . N . Y a t e s o f I d a Grove.

Journa l of W e d n e s d a y , September 2, corrected a n d approved.

MESSAGE F R O M T H E S E N A T E .

T h e fo l l owing message w a s received f r o m t h e Senate :

M R . SPEAKER: I a m directed to inform your honorable body t h a t t h e Senate has adopted t h e following concurrent resolution, i n which t h e concurrence of t h e House is asked:

Concurrent resolution relative to t h e holding of a j o in t convention for t he purpose ,of electing a Senator in t h e Congress of t h e United States.

GEO. A . N E W M A N ,

Secretary of Senate.

REPORT O P COMMITTEES.

D a r r a h o f Lucas , f r o m the special committee o n elect ions, sub­

mi t t ed -the fo l l owing report :

M R . SPEAKER: Your Special Committee on Elections, t o whom w a s referred concurrent resolution by DeMar, beg leave t o repor t t h a t t hey have had t h e same under consideration and have instructed m e t o repor t t he same back t o t he House wi th t he recommendation t h a t t h e same b e amended by s t r ik ing out t he words "Tuesday, September 8th, 1908, a t 2

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20' JOURNAL OF T H E HOUSE. . [Sept. 3,

o'clock P . M.", and inserting i n lieu thereof t h e words "Wednesday, Sep­tember 9th, 1908, a t 12 o'clock noon", and when so amended t h a t t he concurrent resolution do pass.

J O H N D A E E A H ,

Chairman.

Passed on file.

Grier of Poweshiek from the Committee on Mileage submitted the following report :

M E . S P E A K E R : Your committee appointed t o fix t h e amount of mileage due each member submits t h e following report :

NAME. No. of Miles. Amt. W. P . Allred 200 $10.00 William Anderson 120 6.00 W. H. Arney 120 6.00 E . D. Baird 236 11.80 F r a n k Balluff 350 17.50 J . L. Bascom 340 17.00 S. H . Bauman 240 12.0Q Enoch Beery 300 15.00 R. J . Bixby. 427 21.35 A. C. Blackmore 350 17.50 John C. Bon well 162 8.10 H. C. Brandes 226 11.30 George C. Calkins 296 14.80 E . M. Cassady 420 21.00 J . F . Clark 256 12.80 T . C. Clary 322 16.60 Stanley Conn 260 13.00 S. M. Corrie 310 15.50 J . C. Cottrell 420 21.00 J . H. Dar rah 224 11.20 J . C. DeMar. 228 11.40 H. Dewell 360 18.00 W. D. Dodds 310 15.50 J . R . Doran 132 6.60 D. W. Dow 300 15.00 Will Drury 314 15.70 Henry Dunn 436 21.80 C. C. Dye : . . 200 10.00 Willoughby Dye 250 12.50 W. C. Ear le 700 35.00 J . D. Elliott 284 14.20 S. A. Feay 428 21.40 G. A. Feely ." 210 10.50 B. F . Fe l t 314 15.70 Joel M. F e n n . 6.80

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1908.] JOURNAL O F T H E HOUSE. 21

C. N. Flugum : 296 # 14.80 John Fox 42 * 2.10 Thomas Geneva • 180 - 9.00 C. G. Greenwood 326 16.30 G. E . Grier 180 9.00 C. W. Hackler 176 8.80 Mahlon Harvey 356 17.80 A. F . N . HamWeton 128 6.40 W. H . H a n n a . 242 12.10 T. O. Hanson 246 12.30 W. L . Hard ing 452 22.60 Ph i l Heles 414 20.70 T . H . H u m e 360 18.00 L . W. Inman 334 16.70 F . M. Jewell 420 21.00 F . F . Jones 250 12.50 J . H . Kelley 24 1.20 George A. Kellogg 352 17.60 A. W. Kendall 408 20.40 G. W. Koontz 242 12.10 H. Kull 538 26.90 N. J . Lee 360 18.00 Jno. Lister. 206 10.30 J . H . Lowrey 230 11.50 John McAllister 288 14.40 Edw. McDonald 142 7.10 W. W. McElra th . 460 23.00 O. K. Maben . . 288 14.40 A. Mann 372 18.60 C. L . Marston 340 17.00 John B. Mason 458 22.90 James Mercer 230 11.50 C. A. Meredith 164 8.20 Chas. W. Miller 260 13.00 Simon Miller 414 20.70 E . R . Moore 288 14.40 J . F . Morris 448 22.40 B. F . Nix 130 6.50 J . F . Offill 48 2.40 C. B. Pau l 342 17.10 H. L . Pierce 332 16.60 Clint L . Pr ice 44 2.20 R. J . Reaney 314 15.70 H. H. Reitz 290 14.50 Henry R i t t e r 336 16.80 John Schoenenberger 70 3.50 H. C. Schroeder 340 17.00 G. H. Schulte 674 33.70 J . D. Shaffer 330 16.50 F . E . Sheldon 180 9.00

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22 J O U R N A L O F T H E H O U S E . [Sept. 3,

E . J . Sidey 240 12.00 J . R . Smi th 176 8.80 Clyde G. Spa rks 10.40 L . F . Spr inger 258 12.90 J . W . S tewar t 204 10.20 P a u l E . St i l lman 132 . 6.60 A. H . Stoltenberg 350 17.50

George W. S w a n 244 12.20 C. F . Swi f t 230 11.50 L . D . Te te r . 70 3.50 G. H . Van Houten 186 9.3» D. D . Webster 340 17.00 E . W. Weeks 120 6.00 W . Weiden 150 7.50 George C. W h i t e 70 • 3.50 W a r d Wilson 274- 13.70 Jno . L . Wolfe 450 22.50 Charles Youde 361 18.05 N . E . Kendal l 136 6.80

GEO. E . GBIER,

J i r o . MCALLISTER, •

S I M O N W MILLES,

Committee.

W e recommend t h a t such mileage b e du ly certified.

GEO. E . GEIEE,

Chairman.

Passed on file.

P E T I T I O N S .

Hambleton of Mahaska presented memorial of County Superin­tendent of Public Schools relative to restoring the circle to the ballot.

Referred to Special Committee on Elections.

R E S O L U T I O N S I N M E M O R I A M .

Sidey of Adair presented the following resolution:

WHEREAS, T h e Honorable K . R . Madden, a n honored member of t h e Twenty-seventh General Assembly f r o m Ada i r County, departed t h i s l i fe a t h i s home i n Br idgewater In t h e y e a r 1906; the re fo re be i t

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1908.] JOURNAL OF THE HOUSE. 23

Resolved, That a committee of three be appointed to present resolutions commending his life and service to the State.

Adopted.

Speaker named as such committee, Sidey of Adair, Stewart of "Washington and Nix of Union.

I n pursuance of the Speaker's order, the roll was called a n d dis­closed the following members i n their seats :

Allred, Anderson, Arney, Baird, Balluff, Bascom, Baurnan, Beery, Bixby, Blackmore, Bonwell, Brandes, Calkins. Cassady, Clarke, Clary, Conn, Corrie, Cottrell, Darrah, DeMar, Dewell, Dodds, Doran, Dow, Drury, Dunn, Dye of Decatur, Dye of Potta­wattamie, Earle, Feay, Feely, Felt, Fenn, Flugum, Fox, Geneva, Greenwood, Grier, Hackler, Hambleton, Hanna, Hanson, Harding, Harvey, Heles, Hume, Inman, Jewell, Jones, Kelley, Kellogg, Ken­dall, Kontz, Kull, Lee, Lister, Lowrey, McAllister, McDonald, McBlrath, Maben, Mann, Marston, Mason, Mercer, Meredith, Miller of Bremer, Miller of Dubuque, Moore, Morris. .Xix, Offill, Paul , Pierce, Price, Reaney, Reitz, Ritter, Schoenenberger, Schroeder, Schulte, Shaffer, Sheldon, Sidey, Smith, Sparks, Springer, Stewart,

1 Stillman, Stoltenberg, Sullivan, Swan, Swift . Teter, Van Houten, Webster, "Weeks, Weiden, White, Wilsen. Wolfe, Youde, Mr. Speaker.

RESOLUTIONS. 1

Substitute concurrent resolution relative to taking a recess on Sept. 4 to Nov. 9 was taken u p fo r consideration.

Inman of Floyd moved tha t the substitute concurrent resolu­tion be amended by striking out the word and figure, " F r i d a y , 4 t h " and insert in lieu thereof the word and figure, " S a t u r d a y 5 th . "

Motion prevailed and the amendment was adopted.

Swift of Shelby presented the following substitute f o r substi­tu te concurrent resolution and moved its adoption.

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24 JOURNAL OF THE HOUSE. [Sept. 3,

Resolved, by the House, the Senate concurring, That this special ses­sion of the Thirty-second General Assembly adjourn sine die on Wednes­day, September 9, 1908, at 4 o'clock p. m.

Pau l of Jones moved the previous question, seconded by Moore of Linn, previous question being ordered.

Substitute fo r Substitute Concurrent Resolution was lost.

On the question, Shall the substitute concurrent resolution be adopted :

The yeas were :

Allred, Beery, Bixbyx Blackmore, Brandes, Cassady, Dewell, Dow, Dunn, Dye of Decatur, Dye of Pottawattamie, Fox, Green­wood, Hambleton, Hanna, Harding, Harvey, Inman, Jones, Kel­logg, McAllister, McElrath, Mann, Miller of Bremer, Moore, Nix, Offill, Paul, Reaney, Sheldon, Swan, Swift, Teter, Webster, Mr. Speaker—35.

The nays were:

Anderson, Arney, Baird, Balluff, Bascom, Bauman, Bonwell, Calkins, Clarke, Clary, Conn, Corrie, Cottrell, Darrah, DeMar, Dodds, Doran, Drury, Barle, Elliott, Feay, Feely, Felt, Fenn, Flugum, Geneva, Grier, Hackler, Hanson, Heles, Hume, Jewell, Kelley, Kendall, Koontz, Kull, Lee, Lister, Lowrey, McDonald, Maben, Marston, Mason, Mercer, Meredith, Miller of Dubuque, Morris, Pierce, Price, Reitz, Ritter, Schoenenberger, Schroeder, Schulte, Shaffer, Sidey, Smith, Springer, Stewart, Stillman, Stol­tenberg, Sullivan, Weeks, Weiden,. White, Wilson, Wolfe, Youde —69.

Absent or not voting: Holmes, Van Houten—2.

So the substitute concurrent resolution was lost.

Darrah of Lucas, moved that the report of the Special Com­mittee on Elections be adopted.

Roll call demanded by Moore of Linn and Offill of Jasper.

On the question, Shall the report of Special Committee be adopted :

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1908.] JOURNAL O F T H E HOUSE. 25

The yeas were:

Anderson, Arney, Baird, Balluff, Bascom, Bauman, Calkins, Clarke, Clary, Conn, Corrie, Cottrell, Darrah, DeMar, Dodds, Dor­an, Drury, Earle, Feay, Feely, Felt, Fenn, Flugum, Fox, Geneva, Grier, Hackler, Hanson, Heles, Hume, Jewell, Jones, Kelley, Ken­dall, Koontz, Kull, Lee, Lister, Lowrey, McDonald, Maben, Mars-ton, Mason, Mercer, Miller of Bremer, Miller of Dubuque, Morris, Nix, Pierce, Price, Reitz, Ritter, Schoenenberger, Schroeder, Schulte, Shaffer, Sidey, Smith, Sparks, Springer, Stewart, Still-man, Sullivan, Swift, Teter, Weeks, "Weiden, White, Wilson, Wolfe, Youde, Mr. Speaker—72.

The nays were :

Allred, Beery, Bixby, Blackmore, Bonwell, Brandes, Cassady, Dewell, Dow, Dunn, Dye of Decatur, Dye of Pottawattamie, Greenwood, Hambleton, Hanna, Harding, Harvey, Kellogg, Mc­

Allister, McElrath, Mann, Meredith, Moore, Offill, Paul, Reaney, Sheldon, Stoltenberg, Swan, Webster—29.

Absent or not voting: Elliott, Holmes, Inman, Stoltenberg, Van Houten—5.

So the report was adopted.

On motion of Sullivan of Polk the House adjourned until 2 o'clock this afternoon.

AFTERNOON SESSION.

House met pursuant to adjournment.

Speaker Kendall in the chair.

R E S O L U T I O N S .

Fenn of Clarke presented the following resolutions in memor-iam of Hon. F . M. Kyte, deceased.

W H E R E A S , T h e Honorable F . M. Kyte , a n honored m e m b e r of t h e H o u s e of Representat ives i n t h e Twenty-Third General Assembly, d ied a t h i s h o m e i n Osceola, Iowa, i n J u n e , 1908, the re fore b e i t

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26 JOURNAL OF T H E HOUSE. [Sept. 3,

Resolved, Tha t th i s House has heard with sorrow of the death of Iowa's pioneer and honored citizen, Hon. F . M. Kyte, and pauses a t this, t ime to pay tr ibute of respect to h i s memory and join with h is fr iends in a n expression of sorrow and regret; t o h i s grief-stricken family we extend our sympathy i n the loss of a good man. Be i t fu r ther

Resolved, Tha t these resolutions be spread on t h e records of this House and tha t a copy duly authenticated be sent t o h i s family.

Adopted.

S E N A T E M E S S A G E S C O N S I D E R E D .

C O N C U R R E N T R E S O L U T I O N .

Resolved by the Senate, the House concurring. Tha t t he joint rules of t he Thirty-second General Assembly be adopted a s t he rules for t h e extra session of t he Thirty-second General Assembly now convened.

L a i d over under ru le 34.

DeMàr of D a v i s cal led u p Senate concurrent resolution a n d m o v e d that the H o u s e concur.

C O N C U R R E N T R E S O L U T I O N .

W H E R E A S , by act of Divine Providence, in t he fullness of time, t he people of t he State of Iowa have been deprived of one of their repre­sentatives in t he Senate of t he United States, therefore

Be it Resolved by the Senate, the House concurring. That a joint assembly be held in t he House Chamber on Wednesday, September 9, 1908, a t 12 o'clock noon, fo r t he purpose of taking such procedure i n connec­tion with the election of a Senator in t he Congress of t he United States, t o fill t he vacancy caused by the death of t h e late Senator William B. Allison, a s is prescribed by law.

Rol l cal l demanded b y Moore o f L i n n a n d Offill o f Jasper.

O n t h e question, Shal l t h e House concur:

T h e y e a s were :

Anderson, Arney , Baird, BallufE, Bascom, Bauman, Blackmore, Bonwel l , Calkins, Clary, Conn, Corrie, Cottrell, Darrah, DeMar, Dodds, Doran, Drury , Earle , F e a y , Fee ly , Fe l t , F e n n , F l u g u m , Geneva, Grier, Hackler, Hanson, Heles, Hume, Jewel l , Jones, Kel-

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1908.] JOURNAL OF T H E HOUSE. 27

ley, Kendall, Kull, Lee, Lister, Lowrey, McDonald, Maben, Marston, Mason, Mercer, Miller of Dubuque, Morris, Pierce, Price, Reaney, Reitz, Ritter, Schoenenberger, Schroeder, Schulte, Shaffer, Sidey, Smith, Sparks, Stewart, Stillman, Stoltenberg, Sullivan, Swift, Weeks, Weiden, White, Wilson, Wolfe, Youde—67.

The nays were:

Allred, Beery, Bixby, Brandes, Dewell, Dow, Dunn, Dye of Decatur, Dye of Pottawattamie, Fox, Greenwood, Hambleton, Hanna, Inman, Kellogg, McAllister, McElrath, Mann, Meredith, Miller of Bremer, Moore, Nix, Offill, Sheldon, Swan, Teter, Mr. Speaker—27.

Absent or not voting: Cassady, Clarke, Elliott, Harding, Har­vey, Holmes, Koontz, Paul, Springer, Van Houten, Webster—11.

So the House concurs in the Senate concurrent resolution.

On motion of Moore of Linn the House adjourned until 10 o'clock tomorrow morning.

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28 JOURNAL OF THE HOUSE. [Sept. 4,

JOURNAL OF THE HOUSE

H A L L O F T H E H O U S E OF REPRESENTATIVES,

D E S M O I N E S , IOWA, SEPTEMBER 4 , A . D . 1 9 0 8 .

House met pursuant to adjournment.

Speaker Kendall in tlie chair.

Prayer was offered by the Rev. R. R. Moser of Altoona. Journal of Thursday, September 3d, corrected and approved.

S E N A T E M E S S A G E C O N S I D E R E D .

Senate Concurrent Resolution relative to Joint Rules was taken up for consideration. Sullivan of Polk moved that the House concur.

Motion prevailed, so the House concurs.

I N T R O D U C T I O N O F B I L L S .

B y Weeks of Guthrie, House File No. 2, a bill for an act provid­ing for the nomination of United States Senators by a primary vote at the regular general election.

HOUSE F I L E NO. 2 .

A B n x for an act Providing for the Nomination of United States Senators by a Primary Vote at the Regular General Election.

Be it Enacted 6y the General Assembly of the State of Iowa:

SECTION 1. Candidates for the office of United States Senator shall be nominated at the general election in November of the years preceding the expiration of the term of either or both United States Senators.

SEC. 2. A separate senatorial primary ballot shall be printed for each political party upon which ballot shall appear the name of the political party and the names of the candidates of the party for the office of United States Senator. The following shall substantially be the form for the ticket:

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1 9 0 8 . ] J O U R N A L O F T H E HOUSE. 29

R E P U B L I C A N SENATORIAL P R I M A R Y T I C K E T .

F o r Sena to r i n t h e Congress of t h e U n i t e d S t a t e s .

(Vote f o r o n e only.)

Q j o h n H . D a r r a h

• C. G. Greenwood

• w . H . H a n n a

Upon t h e b a c k of s a i d bal lot sha l l b e p r i n t e d a p p r o p r i a t e w o r d s sub­s tan t i a l ly a s fo l lows:

SEC. 3. T h e gene ra l provis ions of l a w r e g a r d i n g ba l lo t s f o r cons t i tu ­t ional a m e n d m e n t s a s t o n u m b e r , d i s t r ibu t ion , etc., s o f a r a s app l i cab le shal l apply t o t h e s e sena to r i a l ballots.

SEC 4. T h e j u d g e s of election w h e n t h e y g ive a v o t e r t h e r e g u l a r election ba l lo t sha l l a l so g ive h i m a sena to r i a l bal lot , if a n y t h e r e b e of t h e p a r t y t o w h i c h t h e vo t e r i s s h o w n t o be long b y t h e a l p h a b e t i c a l l i s t m a d e u p f r o m t h e r e g u l a r p r i m a r y elect ion of t h e p r e c e d i n g J u n e a s corrected o r changed accord ing t o law.

If t h e n a m e of t h e vo t e r does n o t a p p e a r u p o n t h e a l p h a b e t i c a l p r i ­m a r y l i s t of t h e v o t i n g prec inc t a n d h e des i r e s t o vo t e a s e n a t o r i a l p r i ­m a r y t i cke t , h e sha l l Be requ i red t o dec lare h i s p a r t y a f f i l ia t ion a n d t o s t a t e t h a t i t i s h i s i n t e n t i o n t o vo te f o r a m a j o r i t y of t h e c a n d i d a t e s o n t h e t i cke t of t h e p a r t y t h u s declared. Upon m a k i n g h i s d e c l a r a t i o n of p a r t y affi l iation, t h e p r i m a r y sena to r i a l bal lot of h i s p a r t y s h a l l b e g i v e n t o h i m b y t h e j u d g e s of election. N o p a r t y dec la ra t ion s h a l l b e r e q u i r e d of a n y v o t e r w h o does n o t de s i r e t o vo t e a n y s e n a t o r i a l p r i m a r y t i c k e t .

SEC. 5. T h e vo t e r sha l l m a r k h i s sena to r i a l p r i m a r y t i c k e t b y p l a c i n g a [ X ] i n t h e s q u a r e opposi te t h e n a m e of t h e c a n d i d a t e of h i s choice . T h e t i cke t s h a l l b e fo lded s o a s t o conceal t h e n a m e s of t h e c a n d i d a t e s a n d t h e vo t e r sha l l r e t u r n i t w i t h h i s r e g u l a r election ba l lo t s e p a r a t e l y fo lded t o t h e j udges of elect ion u p o n h i s r e t i r e m e n t f r o m t h e booth .

SEC. 6. T w o special co lumns sha l l b e p rov ided i n t h e r e g u l a r pol l books of t h e elect ion i n t h e f o r m f o r " L i s t of V o t e r s " a t t h e r i g h t of t h e spaces f o r n a m e s a n d n u m b e r . T h e first c o l u m n s h a l l b e h e a d e d " P a r t y Senator ia l T icke t . " T h e second co lumn sha l l b e h e a d e d " D e c l a r a t i o n Requi red ." I n t h e first co lumn t h e c l e rks of e lec t ion s h a l l i n s e r t t h e n a m e of t h e p a r t y of t h e sena tor ia l t i cke t g iven t o t h e vo te r . I f t h e v o t e r does n o t accep t a s ena to r i a l p r i m a r y t i cke t f r o m t h e j u d g e s , a check m a r k sha l l b e m a r k e d i n t h e co lumn b y t h e c le rks . W h e n t h e n a m e of t h e vo t e r does n o t a p p e a r i n t h e a lphabet ica l l i s t of t h e p r e v i o u s p r i m a r y a n d h e dec la res h i s p a r t y affi l iat ion a n d i s g i v e n a p r i m a r y s e n a t o r i a l

P R I M A R Y SENATORIAL BALLOT.

P a r t y .

T o w n s h i p ( o r P rec inc t ) (Ci ty o r T o w n ) of County of . Sena tor ia l p r i m a r y elect ion he ld o n t h e

W a r d . . . . . . . S t a t e of Iowa. d a y of N o v e m b e r , 1 9 . .

( F a c s imi l e of C o u n t y A u d i t o r . )

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30 JOURNAL OF THE HOUSE. [Sept. 4,

ballot then the word "declaration" shall be written in the second column in addition to writing the name of the political party in the first column.

SEC. 7. I t is hereby made the duty of the county auditor to prepare the alphabetical lists in time for use a t the general election in the years when a senatorial primary is to be held. I t is further made the duty of the county auditor to add to the alphabetical lists before the next June primary the names of electors which the election poll book show to have been given senatorial primary tickets on their declaration of party af­filiation.

SEC. 8. The primary election returns on United States Senator shall be recorded in the regular poll books and shall be canvassed and certified the same as the returns on other state officers and shall be certified the succeeding General Assembly by the Secretary of State.

SEC. 9. The name of no person shall be permitted to appear upon both the primary senatorial election ballot and also upon the regular election ballot.

SEC. 10. The candidates of the several political parties for the office of United States Senator, receiving the highest number of votes of their respective parties shall be treated as the regular legislative caucus nomi­nees of their parties for the office of Senator in the Congress of the United States and entitled to consideration and support of their full legislative party strength as such.

SEC. 11. Nomination papers shall be filed with the Secretary of State a t least forty days before the regular November election in order that names may be printed on the senatorial ballot. Further provisions of chapter 51 Acts of the Thirty-second General Assembly relative to nomination papers so far as practicable shall be observed.

SEC. 12. Political parties that have candidates for the United States Senate regularly and legally nominated a t the time of the taking effect of this act and no vacancy occurring in said nomination prior to the time for final filing of nomination papers, shall not be subject to the pro­visions of this act in the year 1908.

SEC. 13. This act, being deemed of immediate importance, shall take effect and be in force immediately after publication in the Des Moines Register and Leader and the Des Moines Daily, Capital, newspapers pub­lished in Des Moines, Iowa.

Read first and second time and referred to Special Committee on Elections.

B y Reitz of Lee, House Pile No. 3, a bill for an act appropriat­ing $5000.00 for the purpose of assisting i n the holding of a cen­tennial commemoration of the establishment of Fort Madison and for a suitable monument to preserve to posterity the location of this fort as one of the advance posts marking time i n the progress of civilization i n its westward course upon this continent.

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1908.J JOURNAL OF THE HOUSE. 3 1

H O U S E F I L E NO. 3 .

A B I L L for ail act Appropriating Five Thousand Dollars ( $ 5 , 0 0 0 ) , for the Purpose of Assisting in the Holding of the Centennial Commem­oration of the Establishment of Fort Madison and for a Suitable Monument to Preserve to Posterity the Location of this Fort as one of the Advanced Posts Marking Time in the Progress of Civiliza­tion in its Westward Course upon this Continent.

W H E B E A S , The citizens of Fort Madison, Lee county, Iowa, are to cele­brate, commencing October 26th to 30th, 1908, the Centennial Commem­oration of the establishment of Fort Madison and to erect a suitable monument to preserve to posterity the location of this fort a s one of the advanced posts a t that time thrown across on the west bank of the Mississippi river, "The Father of Waters," marking time in the progress of civilization, in its westward course upon this continent, therefore,

Be it Enacted by the (General Assembly of the State of Iowa:

SECTION 1. The sum of five thousand dollars ($5,000), or so much thereof as may be needed is hereby appropriated of any money in the state treasury, not otherwise appropriated, for the purposes herein set forth.

SEC. 2. This act, being deemed of immediate" importance, i t shall take effect and be in force from and after its publication in the Register and Leader and the Des Moines Capital, newspapers published in Des Moines, Iowa.

Read first and second time and on motion of V a n Houten of Taylor referred to the Thirty-third General Assembly.

B y Arney of Marshall, House F i le No. 4, a bill for an act provid­ing for the nomination of candidates for Senator i n the Congress of the United States b y direct vote of the qualified electors of the State of Iowa.

H O U S E F I L E NO. 4 .

A B I L L for an act Providing for the Nomination of Candidates for Senator in the Congress of the United States by Direct Vote of the Qualified Electors of the State of Iowa.

Be it Enacted by the dineral Assembly of the State of Iowa:

S E C T I O N 1. From and after the passage and taking effect of this act, candidates for the office of Senator in the Congress of the United States shall be nominated a t the general election in November of the even-numbered years prior to the expiration of the term of office of a Senator.

SEC. 2. The names of the candidates for the office in Congress of the respective parties shall be printed a t the head of the respective party

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3 2 JOURNAL O F T H E HOUSE. [Sept. 4,

t i cke t s o n t h e regula r ballot immediately following t h e n a m e designat ing t h e political pa r t y i n t h e following general s tyle a n d m a n n e r sur rounded b y a heavy ru le o r bo rde r :

Republ ican Ticket . F o r Uni ted S ta tes Senator .

(Vote f o r on ly o n e candidate f o r U. S. Senator . )

1 I W m . P . Allred

• N . E . Kendal l I | G . H . V a n Hou ten

T h e foregoing t o b e followed b y t h e regula r election t i cke t i n t h e usual f o r m a n d style.

SEC. 3. T h e requi rements f o r nominat ion papers sha l l b e t h e s ame a s provided i n chapter 51 Acts of t h e Thirty-second General Assembly, ex­cept t h a t t h e t i m e of filing sa id papers shal l b e a t l eas t f o r t y days pr io r t o t h e t i m e of t h e genera l election i n November.

SEC. 4. T h e nominat ion f o r Uni ted Sta tes Senator be ing a p a r t y nomi­na t ion t h e vote shal l b e counted only w h e n t h e p a r t y t i cke t o n which i t appear s has , i n president ia l yea r s been voted e i the r f o r t h e presidential electors o r f o r a m a j o r i t y of t h e candidates o n t h e Sta te , Congressional a n d Legislat ive t ickets , a n d i n general elections o the r t h a n presidential elections w h e n t h e t i cke t h a s been voted f o r a m a j o r i t y of t h e State , Con­gressional a n d Legislat ive candidates.

SEC. 5. T h e vote shal l b e counted a n d t h e r e t u r n s canvassed a n d certified t h e s ame a s t h e vote fo r Governor a n d L ieu t enan t Governor.

SEC. 6. T h e candidate f o r Uni ted Sta tes Senator of each political pa r t y receiving t h e h ighes t n u m b e r of votes f o r sa id office sha l l be considered t h e nominee of t h e legislative caucus of h i s p a r t y a n d enti t led t o t h e vote of a l l members of t h e legis lature belonging t o h i s pa r ty .

SEC. 7. Any political p a r t y hav ing a candidate f o r t h e United Sta tes Sena te regular ly nomina ted i n t h e y e a r 1908 pr ior t o t h e passage of t h i s a c t a n d n o vacancy occurr ing t he re in shal l n o t b e required t o m a k e a nomina t ion i n accordance w i t h t h e provisions of t h i s a c t i n sa id year .

SEC. 8. T h e n a m e of n o person sha l l b e pr in ted o n t h e t i cke t a s a can­d ida te f o r t h e office of Uni ted Sta tes Senator a n d also a s a candidate f o r a n y o the r office named o n t h e ballot.

SEC. 9. Section 1106 of t h e Code Supplement of 1907 a n d chapter 51 Acts of t h e Thirty-second General Assembly a n d a l l o t h e r ac t s a n d p a r t s of ac t s affected a r e hereby amended t o conform herewi th .

SEC. 10. T h i s a c t be ing deemed of immedia te importance sha l l t a k e effect a n d b e i n force f r o m a n d a f t e r i t s passage a n d publication i n t h e Regis te r a n d Leader a n d Des Moines Capital, newspapers published i n Des Moines, Iowa.

Read first and second time and referred to Special Committee on Elections.

PETITION.

Reitz of Lee presented petition of citizens of Lee county relative to House Pile No. 3.

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1908.] JOURNAL OF T H E H O U S E . 33

Referred to Thirty-third General Assembly.

Grier of Poweshiek moved that the report of the committee on. mileage be adopted.

Motion prevailed, and the report was adopted.

RESOLUTION I N MEMORIAM.

Pierce of Buena Vista presented the following resolution:

WHEREAS, The Hon. W . H. Hickey, an honored member of the Thirty-second General Assembly from Cherokee county, departed this life a t his home in said county since the regular session of the General Assembly, therefore be i t

Resolved, That a committee of three be appointed to present resolu­tions commending his life and services to the State.

Adopted.

Speaker named as such committee, Pierce of Buena Vista, Earle of Allamakee and Youde of O'Brien.

MESSAGES FKOM T H E SENATE.

The following messages were received,from the Senate:

MB. SPEAKER : I am directed to inform your honorable body that the Senate has concurred in the following Concurrent Resolution, in which the concurrence of the Senate was asked:

Relative to the appointment of a joint committee to prepare suitable resolutions in memory of the late Hon. Lucian C. Blanchard, and the President of the Senate appoints as committee on part of the Senate, Senators Jones and Ericson.

GEO. A . NEWMAN,

Secretary of Senate.

Also:

MB. SPEAKEB: I am directed to inform your honorable body that the ¡senate has passed the following Concurrent Resolution, in which the concurrence of the House is asked:

Concurrent Resolution relative to the holding of a joint convention on Saturday, September 5th, a t 2 p. m., for the purpose of holding me­morial services in honor of the late Hon. Wm. B. Allison.

GEO. A , NEWMAN,

Secretary of Senate.

3

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34 JOURNAL OF THE HOUSE. [Sept. 4,

Unanimous consent having been given Senate Concurrent Reso­lution relative to the holding of a joint session on Saturday, September 5th, at 2 o'clock, fo r the purpose of holding memorial services in honor of the late Hon. Wm. B. Allison, was taken u p fo r consideration.

Jones of Montgomery moved that the House concur.

Motion prevailed, so the House concurs.

LEAVE OP ABSENCE GRANTED.

On request of Allred of Wayne, leave of absence was granted Elliott of Page until Saturday.

On request of Hambleton of Mahaska, leave of absence was granted Dye of Decatur until Tuesday.

On request of Allred of Wayne, leave of absence was granted Hambleton of Mahaska until Tuesday.

On request of McAllister of Linn, leave of absence was granted Fox of Dallas until Saturday.

On request of Kelley o í Polk, leave of absence was granted Ar-ney of Marshall unti l Tuesday.

On request of Anderson of Hamilton, leave of absence was granted Hanson of Humboldt until Tuesday.

On request of Marston of Cerro Gordo, leave of absence was granted Weiden of Hardin unti l Tuesday.

I n pursuance to the Speaker's order, the roll was called and disclosed the following members in their seats :

Allred, Anderson, Arney, Baird, BalufE, Bascom, Bauman, Beery, Bixby, Blackmore, Bonwell, Brandes, Calkins, Cassady, Clarke, Clary, Conn, Corrie, Cottrell, Darrah, DeMar, Dewell, Dodds, Do-ran, Dow, Drury, Dunn, Dye of Pottawattamie, Earle, Elliott, Feay, Feely, Felt, Fenn, Flugum, Fox, Geneva, Greenwood, Grier, Hackler, Hambleton, Hanna, Hanson, Harding, Harvey, Heles, Hume, Inman, Jewell, Jones, Kelley, Kellogg, Kendall, Koontz, Kull, Lee, Lister, Lowrey, McAllister, McDonald, McElrath, Maben, Mann, Marston, Mason, Mercer, Meredith, Miller of Bremer, Miller

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of Dubuque, Moore, Morris, Nix, Offill, Paul, Pierce, Price, Eeaney, Reitz, Ritter, Schoenenberger, Schroeder, Schulte, Shaffer, Sheldon, Sidey, Smith, Sparks, Springer, Stewart, Stillman, Stoltenberg, Sullivan, Swan, Swift, Teter, Van Houten, Webster, Weeks, Wei­den, White, Wilson, Wolfe, Youde, Mr, Speaker.

On motion of Stillman of Greene the House adjourned until 30 o'clock tomorrow morning.

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3 6 JOURNAL OF THE HOUSE. [Sept. 5,

JOURNAL OF THE HOUSE

H A L L O F T H E H O U S E OF REPRESENTATIVES,

D E S MOINES, IOWA, SEPTEMBER 5 , A . D . 1 9 0 8 .

House met pursuant to adjournment.

Speaker pro tern. Hambleton in the chair.

Prayer was offered by Representative G. H. Van Houten of Taylor.

Journal of Friday, September 4th, corrected and approved.

MESSAGE FROM THE SENATE.

The following message was received from the Senate : M B . S P E A K E R : I am directed to inform your honorable body that the

Senate has reconsidered and amended Concurrent Resolution, relative to the holding of memorial services in honor of the late Honorable William Boyd Allison, changing the date for such services from Saturday, Septem­ber 5th, at 2 o'clock p. m., to Tuesday, September 8th, at 3 o'clock p. m.

GEO. A . N E W M A N ,

Secretary of the Senate.

Unanimous consent having been given Senate amended Concur­rent Resolution relative to memorial services in honor of the late Honorable William Boyd Allison, was taken up and considered.

Jones of Montgomery moved that the House concur.

Motion prevailed, so the House concurs.

Sullivan of Polk moved that when the House adjourns it will adjourn until Tuesday morning at 10 o'clock.

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Motion prevailed.

I n pursuance to the Speaker's order, the roll was called and dis­closed the following members in their seats :

Allred, Arney, Baird, Balluff, Bascom, Bauman, Beery, Bixby, Blackmore, Bonwell, Brandes, Calkins, Cassady, Clary, Cottrell, Darrah, DeMar, Dewell, Doran, Dow, Dunn, Dye of Decatur, Dye of Pottawattamie, Earle, Elliott, Feay, Feely, Felt, Fenn, Flugum, Geneva, Greenwood, Grier, Hackler, Hambleton, Hanna, Harding, Harvey, Heles, Hume, Jewell, Jones, Kelley, Kellogg, Kendall, Koontz, Kull, Lee, Lowrey, McAllister, McDonald, McElrath, Ma-ben, Mann, Mason, Mercer, Meredith, Miller of Bremer, Miller of Dubuque, Moore, Morris, Nix, Offill, Paul , Pierce, Price, Reaney, Reitz, Ritter, Schoenenberger, Schulte, Shaffer, Sheldon, Smith, Sparks, Springer, Stillman, Stoltenberg, Sullivan, Swan, Swift , Teter, Van Houten, "Webster, "Weeks, "White, "Wilson, "Wolfe, Youde.

Roll call was verified.

LEAVE OF ABSENCE GRANTED'.

On request of Felt of Clay, leave of absence was granted Lister of Grundy until Tuesday.

On request of Darrah of Lucas, leave of absence was granted Wilson of Tama until Tuesday.

On request of Doran of Boone, leave of absence was granted Corrie of Ida until Tuesday.

On request of Baird of Iowa, leave of absence was granted Schroe-der of Crawford until Tuesday.

On request of Clary of Chickasaw, leave of absence was granted Miller of Dubuque until Tuesday.

On request of White of Story, leave of absence was granted Arney of Marshall until Tuesday.

On request of Heles of Dubuque, leave of absence was granted Dodds of Des Moines until Tuesday.

On request of Hambleton of Mahaska, leave of absence was granted Hanna of Benton until Tuesday.

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38 JOURNAL OF THE HOUSE. [ S e p t 5,

On request of Fenn of Clarke, leave of absence was granted In-man of Floyd until Tuesday.

On request of Dow of Franklin, leave of absence was granted Fox of Dallas until Tuesday.

On request of Brandes of Pottawattamie, leave of absence was granted Hanson of Humboldt until Tuesday.

On request of Stillman of Greene, leave of absence was granted Conn of Butler until Tuesday.

On request of Shaffer of Sheldon, leave of absence was granted Marston of Cerro Gordo unti l Tuesday.

On request of Sullivan of Polk, leave of absence was granted Drury of Sac until Tuesday.

On request of Bauman of Yan Buren, leave of absence was granted Clark of Jefferson until Tuesday.

On request of Hume of Mitchell, leave of absence was granted Heles of Dubuque until Tuesday.

R E S O L U T I O N .

Price of "Warren presented the following resolution :

WHEREAS, Honorable M. A. Dashiell, who was at one t ime an honored member of this House and later a member of the Senate and again a member of this House, who died at his home in Indianola, Iowa, on the 3rd day of July, 1907; therefore

Be it Resolved by the House, the Senate concurring, That a committee consisting of three members of the House and two of the Senate be named to prepare suitable resolutions commemorating his l ife and public services to the State and his manhood a s a citizen of this commonwealth.

Adopted.

On request of Paul of Jones unanimous consent was given to print bill on report of Special Committee on Elections, in Journal that may be prepared before Tuesday.

On motion of Dow of Franklin the House adjourned.

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1 9 0 S . ] JOURNAL OF THE HOUSE. 39

JOURNAL OF THE HOUSE

H A L L O F T H E H O U S E O P R E P R E S E N T A T I V E S ,

D E S M O I N E S , IOWA, September 8 , A . D . 1 9 0 8 .

House met pursuant t o adjournment.

Speaker pro tern. Hambleton i n the chair.

Prayer was offered b y the Rev. E . E . Douglass of Indianola.

Speaker Kendall i n the chair.

Journal of Saturday, September 5th, corrected a n d approved.

PETITIONS.

Bixby of Delaware presented the fol lowing petit ion a n d moved that same be printed i n the journal.

Motion prevailed.

T o T H E HONORABLE M E M B E R S OF T H E H O U S E O F R E P R E S E N T A T I V E S O P T H E

S T A T E OF I O W A :

We, the women of Des Moines, representing t he following organiza­tions whose influence touches every home i n t h e State of Iowa, namely,—

Women's Christian Temperance Union, Federation of Mothers' Clubs, Women's Home Missionary Society, Inglewood Club, Political Equality Club, Humane Society, Women's Relief, Salvation Army, and Y. W. C. A.,

in mass meeting assembled Saturday afternoon in t h e parlors of t h e Savery Hotel passed t he following resolutions:

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40 J O U R N A L O F T H E H O U S E . [Sept. 8,

Resolved, T h a t i t i s t h e sense of t h i s meeting t h a t no fo rm of l icense o r segregat ion of t h e social evil should b e tolerated, a n d i n f u r t h e r a n c e thereof

W e pet i t ion t h e Iowa Legis la ture now i n session t o s t r ike o u t t h e word " r e s t r a i n t " i n Section 704 of t h e Code.

By order of t h e m a s s mee t ing assembled. MBS. IDA B . W I S E ,

Chairman. MBS. ANNA M . EDWOBTHY,

Secretary.

Paul of Jones presented petition of citizens of Jones county relative to the restoration of the circle on the ballot.

Referred to Special Committee on Elections.

RESOLUTIONS.

Feely of Black Hawk presents the following resolution:

WHŒBEAS, T h e Honorable George W. Hayzlett, a n honored member of t h e Twentieth and Twenty-first General Assemblies f rom Black Hawk County, departed th i s l ife a t h i s home i n LaPorte City, Iowa, on t he 6th day of June, 1908; therefore be i t

Resolved, Tha t a committee of three be appointed t o present resolutions commending h i s l i fe and service to t h e State.

Adopted.

Speaker named as such committee : Feely of Black Hawk, Clary of Chickasaw and Morris of Sioux.

Feely of Black Hawk presents the following resolution:

WHEBEAS, The Honorable D. F . Hoover, a n honored member of t h e Twenty-fourth and Twenty-fifth General Assemblies f rom Black Hawk County, departed th i s l ife a t h i s home i n Long Beach, California, on t he 4th day of April, 1908; therefore be i t

Resolved, Tha t a committee be appointed t o present resolutions com­mending h i s l ife and service t o t he State.

Adopted.

Speaker named as such committee : Feely of Black Hawk, Miller of Bremer and Blackmore of Worth.

On motion of Van Houten of Taylor the Special Committee on Elections were excused.

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1908.] JOURNAL OF THE HOUSE. 41

MESSAGE FROM T H E SENATE.

The following message was received f rom the Senate:

M B . S P E A K E R — I am directed to inform your honorable body that the Senate has concurred in the following concurrent resolution, in which the concurrence of the Senate was asked:

Relative to the appointment of a joint committee to prepare suitable resolutions commemorative of the life and services of the late Hon. M. A. Bashiell, and the President of the Senate appoints as such committee on part of the Senate, Senators Jamison of Clarke and Ericson.

GEO. A . N E W M A N ,

Secretary.

Speaker named as such committee on pa r t of the House, Price of "Warren, Van Houten of Taylor and Weeks of Guthrie.

I n pursuance to the Speaker's order, the roll was called a n d dis­closed the following members in their seats:

Allred, Anderson, Arney, Baird, Balluff, Bascom, Bauman, Beery, Bixby, Blackmore, Bonwell, Brandes, Calkins, Cassady, Clarke, Clary, Conn, Corrie, Cottrell, Darrah, DeMar, Dodds, Dor­an, Dow, Drury, Dunn, Dye of Decatur, Dye of Pottawattamie, Earle, Elliott, Feay, Feely, Pelt, Penn, Plugum, Pox, Geneva, Greenwood, Grier, Hackler, Hambleton, Hanna, Hanson, Hard­ing, Harvey, Heles, Hume, Inman, Jewell, Jones, Kelley, Kellogg, Kendall, Koontz, Kull, Lee, Lister, Lowrey, McAllister, McDonald, McElrath, Maben, Mann, Marston, Mason, Mercer, Meredith, Miller, of Bremer, Miller of Dubuque, Moore," Morris, Nix, Offill, Paul , Pierce, Price, Reaney, Reitz, Ritter, Schoenenberger, Schroeder, Schulte, Shaffer, Sheldon, Sidey, Smith, Sparks, Springer, Stewart, Stillman, Stoltenberg, Sullivan, Swan, Swift, Teter, V a n Houten, Webster, Weeks, Weiden, White, Wolfe, Youde, Mr. Speaker.

Roll call verified.

Marston of Cerro Gordo moved that House take a recess unt i l 11:30 o'clock this morning.

Motion prevailed.

House reconvened.

Speaker Kendall in the chair.

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42 JOURNAL OF THE HOUSE. [Sept 8,

White of Story moved that the House proceed to the election of a United States Senator.

Motion prevailed.

The House then proceeded to ballot for United States Senator.

Those voting for Albert B. Cummins were:

Anderson, Arney, Bascom, Blackmore, Bonwell, Conn, Corrie, Darrah, Doran, Drury, Feely, Felt, Fenn, Flugum, Grier, Hack-ler, Hanson, Hume, Jewell, Jones, Kelley, Lee, Lister, Lowrey, Maben, Marston, Mason, Mercer, Meredith, Morris, Shaffer, Smith, Stillman, Stoltenberg, Sullivan, Teter, Yan Houten, Webster, Weeks, Weiden, White, Youde, Mr. Speaker—43.

Those voting for Claude R. Porter were-.

Baird, Balluff, Bauman, Calkins, Clarke, Clary, Cottrell, DeMar, Dodds, Earle, Feay, Geneva, Heles, Kendall, Koontz, Kull, McDon­ald, Miller of Bremer, Miller of Dubuque, Pierce, Price, Reitz, Schoenenberger, Schroeder, Schulte, Sidey, Sparks, Springer, Stew­art, Swift, Wolfe—31.

Those voting for Walter I. Smith were:

Brandes, Cassidy, Dewell, Dow, Dunn, Dye of Decatur, Dye of Pottawattamie, Elliott, Greenwood, Hanna, Kellogg, Sheldon—12.

Those voting for A. B. Funk were:

Allred, Harding, Harvey, Inman, Paul—5.

Those voting for John F. Lacey were:

Hambleton, Offill—2. —

Those voting for W. P. Hepburn were :

Mann, Nix—2 .

Those voting for George W. Clarke were: Fox—1.

Those voting for G. N. Haugen were : Beery—1.

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Those voting f o r Albert F . Dawson were : B ixby—1.

Those voting for James H . Troewin were: McAllister—1.

Those voting f o r George D . Perkins were: McElrath—1.

Those voting f o r Joseph R. Lane were: Moore—1.

Those voting f o r W m . Larrabee were: Reaney—1.

Those voting for A . J . Baker were: Swan—1.

Absent or not voting were :

Holmes, Ritter, Wilson—3.

The Speaker announced that n o candidate h a d received a ma­jority of all the votes cast b y the House for the office of Senator i n the Congress of the United States.

EXPLANATION OP VOTE.

The following explanations of vote were filed:

I believe that the Republicans a t large should select their candi­date for Senator. I t is within the power of th is Legislature to adjourn until November next. A t t ha t time, if a n amendment t o t h e primary law is passed, we will have received a n expression of t h e Republican voters of the State indicating their choice, and can, and in good conscience will be bound t o name a s Senator f o r t h e shor t t e rm the person named by the voters for t he long te rm. W e cannot a t th is t ime elect a United States Senator, and b e assured t h a t such election will meet with t he approval of t he Republican electors. W e can by resolution, on Thursday next, adjourn t o a day i n November "without imposing any additional expense upon the taxpayers" except f o r one day's session. The law expressly provides, t h a t members of t he Legislature, when convened in special session, shall receive not t o exceed $6.00 per day while in actual session. On Saturday morning last we adjourned unti l t he following Tuesday. Clearly t h e members of this Assembly a re not entitled t o a per diem f o r t h e intervening Sunday and Monday. A Legislature cannot be said to b e i n session, a f t e r adjournment, unti l i t h a s convened again upon a day named.

W . P . A i x b e d .

I believe that the Republicans a t large should select their candi­date for Senator. I t is within the power of this Legislature to adjourn until November next. A t t ha t time, if a n amendment t o t h e

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44 JOURNAL OF THE HOUSE. [Sept. 8,

primary law is passed, we will have received a n expression of the Republican voters of t he State indicating their choice, and can, and in good conscience will be bound t o name a s Senator fo r t he short t e rm the person named by the voters fo r t he long term. We cannot a t this t ime elect a United States Senator, and b e assured tha t such election will meet with the approval of t he Republican electors. We can by resolution, on Thursday next, adjourn to a day in November "without imposing any additional expense upon the taxpayers" except f o r one day's session. The law expressly provides, t ha t members of t h e Legislature, when convened in special session, shall receive not to exceed $6.00 per day while in actual session. On Saturday morning last we adjourned until t he following Tuesday. Clearly the members of th is Assembly a r e not entitled to a per diem f o r t he intervening Sunday and Monday. A Legislature cannot be said t o be in session, a f t e r adjournment, unti l i t has convened again upon a day named.

ENOCH BEEEY.

I have strenuously opposed t he Special Session of the Legislature and fe l t the at tempt t o elect a United States Senator a t this Special Session would be disastrous to the Republican Party. I used every effort to prevent i t t o the extent of refusing to at tend t he Republican caucus. I now feel t he opposition to Governor Cummins has been carried f a r enough by his opponents in t he Republican Party, and now, fo r the good of t h e grand old party I cast aside any personal objections to t he Republican nominee and vote f o r A. B. Cummins f o r United States Senator.

J . C . BONWELL.

I believe that the Republicans a t large should select their candi­date for Senator. I t is within the power of this Legislature to adjourn until November next. At tha t time, if a n amendment to the primary law is passed, we will have received a n expression of the Republican voters of t he State indicating their choice, and can, and In good conscience will be bound to name as Senator for t he short t e rm the person named by the voters for t he long term. We cannot a t this t ime elect a United States Senator, and be assured tha t such election will meet with t he approval of the Republican electors. We can by resolution, on Thursday next, adjourn t o a day in November "without imposing any additional expense upon the taxpayers" except fo r one day's session. The law expressly provides, tha t members of t he Legislature, when convened in special session, shall receive not t o exceed $6.00 per day while in actual session. On Saturday morning last we adjourned unti l t he following Tuesday. Clearly the members of this Assembly a re not entitled to a per diem f o r the intervening Sunday and Monday. A Legislature cannot be said t o be in session, a f t e r adjournment, until i t has convened again upon a day named.

R . J . BIXBY.

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1908.] JOURNAL OF THE HOUSE. 45

I believe that the Republicans a t large should select the i r candi-date for Senator. I t i s within the power of this Legislature to ad journ until November next. A t t h a t time, if a n amendment t o t h e primary law is passed, we will have received a n expression of t he Republican voters of t h e State indicating their choice, a n d can, and i n good conscience will be bound t o name a s Senator f o r t h e shor t t e rm the person named by t h e voters for t he long te rm. W e cannot a t this t ime elect a United States Senator, and b e assured t h a t such election will meet with t he approval of t he Republican electors. W e can b y resolution, on Thursday next, ad journ to a day i n November "without imposing any additional expense upon t h e taxpayers'" except f o r one day's session. The law expressly provides, t h a t members of t h e Legislature, when convened in special session, shall receive not t o exceed $6.00 per day while in actual session. On Saturday morning last we adjourned unti l t he following Tuesday. Clearly t h e members of this Assembly a re not entitled t o a per diem f o r t h e intervening Sunday and Monday. A Legislature cannot b e said t o b e i n session, a f t e r adjournment, unti l i t h a s convened again upon a day named.

H . C . B B A N D E S .

I believe that the Republicans a t large should select the i r candi­date for Senator. I t is within the power of this Legislature to ad journ until November next. A t t ha t time, if a n amendment t o t h e primary law is passed, we will have received a n expression of t he Republican voters of t he State indicating the i r choice, and can, and i n good conscience will be bound t o name a s Senator f o r t h e shor t t e rm the person named by t h e voters for t he long t e rm. W e cannot a t th is t ime elect a United States Senator, and b e assured t h a t such election will meet with t he approval of t he Republican electors. W e can by resolution, on Thursday next, ad journ t o a day i n November "without imposing any additional expense upon t h e taxpayers" except f o r one day's session. The law expressly provides, t h a t members of t h e Legislature, when convened in special session, shall receive not t o exceed $6.00 per day while in actual session. On Saturday morning .last we adjourned unti l t he following Tuesday. Clearly t h e members of th is Assembly a r e not entitled to a per diem f o r t h e intervening Sunday and Monday. A Legislature cannot be said t o b e i n session, a f t e r adjournment, unt i l i t h a s convened again upon a day named.

E . M . C A S S A D Y .

I believe that the Republicans a t large should select their candi­date for Senator. I t is within the power of th is Legislature to ad journ until November next. A t t ha t time, if a n amendment t o t h e primary law is passed, we will have received a n expression of t h e Republican voters of t h e State indicating the i r choice, a n d can, and i n good conscience will be bound to name as Senator f o r t h e shor t t e rm the person named by t he voters fo r t h e long te rm. W e cannot à t th is t ime elect a United States Senator, and b e assured t h a t such election will meet wi th t h e approval of t h e Republican electors. W e can by resolution, on Thursday next, ad journ t o a day i n November

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46 JOURNAL OF THE HOUSE. [Sept. 8,

"without imposing any additional expense upon the taxpayers" except f o r one day's session. The law expressly provides, tha t members of t he Legislature, when convened in special session, shall receive not to exceed $6.00 per day while in actual session. On Saturday morning last we adjourned until the following Tuesday. Clearly the members of this Assembly are not entitled to a per diem f o r the intervening Sunday and Monday. A Legislature cannot be said t o be in session, a f te r adjournment, until i t has convened again upon a day named.

H I B A M DEWELL.

I believe that the Republicans a t large should select their candi­date for Senator. I t is within the power of this Legislature to adjourn until November next. A t tha t time, if an amendment to the primary law is passed, we will have received an expression of the Republican voters of the State indicating their choice, and can, and in good conscience will be bound to name as Senator for the short term the person named by the voters for the long term. We cannot a t this time elect a United States Senator, and be assured tha t such election will meet with the approval of the Republican electors. We can by resolution, on Thursday next, adjourn to a day in November "without imposing any additional expense upon the taxpayers" except f o r one day's session. The law expressly provides, tha t members of the Legislature, when convened in special session, shall receive not to exceed $6.00 per day while in actual session. On Saturday morning last we adjourned until the following Tuesday. Clearly the members of this Assembly are not entitled to a per diem for t he intervening Sunday and Monday. A Legislature cannot be said to be in session, a f te r adjournment, until i t has convened again upon a day named.

D. W. Dow.

I believe that the Republicans a t large should select their candi­date for Senator. I t is within the power of this Legislature to adjourn until November next. At tha t time, if an amendment to the primary law is passed, we will have received an expression of the Republican voters of the State indicating their choice, and can, and in good conscience will be bound to name as Senator for the short term the person named by the voters for the long term. We cannot a t this time elect a United States Senator, and be assured tha t such election will meet with the approval of the Republican electors. We can by resolution, on Thursday next, adjourn to a day in November "without imposing any additional expense upon the taxpayers" except f o r one day's session. The law expressly provides, tha t members of the Legislature, when convened in special session, shall receive not to exceed $6.00 per day while in actual session. On Saturday morning last we adjourned until the following Tuesday. Clearly the members of this Assembly are not entitled to a per diem f o r t he intervening Sunday and Monday. A Legislature cannot be said to be in session, a f te r adjournment, until i t has convened again upon a day named.

H E N B Y D U N N .

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I believe that the Republicans a t large should select their candi­date for Senator. I t is within the power of th is Legislature t o adjourn until November next. A t t ha t time, if a n amendment t o t h e primary law is passed, we will have received a n expression of t h e Republican voters of t he State indicating the i r choice, and can, and in good conscience will be bound to name a s Senator f o r t he shor t t e rm the person named by t he voters for t he long t e rm. W e cannot a t this t ime elect a United States Senator, and be assured t h a t such election will meet with the approval of t he Republican electors. W e can by resolution, on Thursday next, ad journ t o a day in November "without impesing any additional expense upon the taxpayers" except f o r one day's session. The law expressly provides, t h a t members of t he Legislature, when convened in special session, shall receive n o t to exceed $6.00 per day while in actual session. On Saturday morning last we adjourned unti l t h e following Tuesday. Clearly t h e members of this Assembly a r e not entitled to a per diem f o r t h e intervening Sunday and Monday. A Legislature cannot b e said t o be in session, a f t e r adjournment, unti l i t has convened again upon a day named.

C. C. DYE.

I believe that the Republicans a t large should select their candi­date for Senator. I t is within the power of th is Legislature t o adjourn until November next. A t tha t time, if a n amendment t o t h e primary law is passed, we will have received a n expression of t h e Republican voters of t he State indicating their choice, and can, a n d in good conscience will be bound to name a s Senator fo r t h e shor t t e rm the person named by t he voters for t he long t e rm. W e cannot a t this time elect a United States Senator, and be assured t h a t such election will meet with t he approval of the Republican electors. W e can by resolution, on Thursday next, ad journ t o a day in November "without imposing any additional expense upon the taxpayers" except f o r one day's session. The law expressly provides, t h a t members of t he Legislature, when convened in special session, shall receive n o t t o exceed $6.00 per day while in actual session. On Saturday morning last we adjourned unti l t h e following Tuesday. Clearly t he members of this Assembly a r e not entitled to a per diem f o r t h e intervening Sunday and Monday. A Legislature cannot b e said t o be in session, a f t e r adjournment, unti l i t has convened again upon a day named.

WlLLOUGHBY DYE.

I believe that the Republicans a t large should select their candi­date for Senator. I t is within the power of th is Legislature t o ad journ until November next. A t that time, if a n amendment t o t h e primary law is passed, we will have received a n expression of t h e Republican voters of t he State indicating the i r choice, and can, a n d in good conscience will be bound to name a s Senator f o r t h e sho r t t e rm the person named by t he voters fo r t he long t e rm. W e cannot a t this time elect a United States Senator, and be assured t h a t such election will meet with t he approval of the Republican electors. W e can by resolution, on Thursday next, adjourn t o a day in November

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•without imposing any additional expense upon the taxpayers except f o r one day's session. The law expressly provides, t h a t members of t he Legislature, when convened in special session, shall receive not t o exceed f 6.00 per day while in actual session. On Saturday morning last we adjourned until t he following Tuesday. Clearly the members of th is Assembly a r e not entitled t o a per diem f o r t h e intervening Sunday and Monday. A Legislature cannot be said t o be in session, a f t e r adjournment, unt i l i t has convened again upon a day named.

J . D . EIXIOTT.

I believe that the Republicans a t large should select their candi­date for Senator. I t is within the power of this Legislature to ad journ until November next. A t t ha t time, if a n amendment t o t he primary law i s passed, we will have received a n expression of t he Republican voters of the State Indicating their choice, and can, and i n good conscience will be bound to name a s Senator fo r the short t e rm the person named by the voters fo r t he long term. We cannot a t th is t ime elect a United States Senator, and be assured tha t such election will meet with the approval of the Republican electors. We can by resolution, on Thursday next, ad journ t o a day i n November "without imposing any additional expense upon the taxpayers" except f o r one day's session. The law expressly provides, t ha t members of t h e Legislature, when convened in special session, shall receive not to exceed $6.00 per day while in actual session. On Saturday morning last we adjourned unti l t he following Tuesday. Clearly the members of th is Assembly a re not entitled to a per diem f o r t h e intervening Sunday and Monday. A Legislature cannot be said t o be in session, a f t e r adjournment, unti l i t has convened again upon a day named.

JOHN FOX.

I believe that the Republicans a t large should select their candi­date for Senator. I t is within the power of this Legislature to ad journ unti l November next. A t t ha t time, if a n amendment t o t he primary law is passed, we will have received a n expression of the Republican voters of the State indicating their choice, and can, and i n good conscience will be bound to name as Senator fo r t he short t e rm the person named by the voters f o r t he long term. We cannot a t th is t ime elect a United States Senator, and be assured tha t such election will meet with the approval of the Republican electors. We can by resolution, on Thursday next, adjourn to a day in November "without imposing any additional expense upon the taxpayers" except f o r one day's session. The law expressly provides, t h a t members of t h e Legislature, when convened in special session, shall receive not t o exceed $6.00 per day while in actual session. On Saturday morning last we adjourned until t he following Tuesday. Clearly the members of th is Assembly a re not entitled to a per diem f o r t h e intervening Sunday and Monday. A Legislature cannot be said t o be in session, a f t e r adjournment, until i t has convened again upon a day named.

C . G . GREENWOOD.

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1908.J JOURNAL OF THE HOUSE. 49

I desire t he privilege to make a brief statement of my reasons f o r casting my vote as I shall. As I have been misquoted through t h e press i n my public statements, I ask t he privilege t o submit in wri t ing my position in casting my vote.

The line of my obligations to duty I consider t o maintain i n order first to my Creator, second t o my Country, and th i rd t o my political party. I must be guided in this first by my conscience, second by m y constituency.

F o r the first t ime i n Iowa we meet in legislative capacity a f t e r t h e adoption of t he primary principle, submitting t o t he people t he choice of candidates f o r United States Senator. I had n o thought th i s du ty would be forced upon me, bu t t ha t t he expressed purpose of t h e call, of t he Chief Executive, would be speedily met, and b y amendment t o t he law, f o r which I voted, t he oversight be remedied, by giving opportunity to meet t he unforeseen contingency, caused by death; and submit back t o t he Republcans, for new expression, the i r choice of a candidate. This I consider our first duty. Up t o th is t ime h o obligation rests with me, because of t he fa i lure t o do th is thing.

I t is conceded t he caucus principle was supplanted by t h e pr imary when adopted. I consider t ha t t he obligation t o continue t o give to t he people this right, is greater to carry out my constituencies' choice, than t o submit to a caucus, attended by fifty-eight members only, out of a membership of 111.

Therefore I have in a n imperfect way, a f t e r s t renuous effor t t o give my par ty constituency their legal r ight granted, of pr imary expression again, withdrawn f rom t h e caucus having a bare major i ty of two, and tried to consult my constituency, to know m y du ty a s their Representative.

The last primary expression showed more than two-thirds of i t i n favor of the nomination of t h e late lamented Hon. Wm. B. Allison. If I could bu t carry out this expression, under t h e constitution, I would gladly vote two-thirds of a vote f o r a man of his type, and one-third of a vote fo r Hon. Albert B. Cummins, b u t I cannot d o this. So I now believe I should, a f t e r having t he best I could ascer­tained my Republican constituencies present desire, vote now f o r m y honorable fellow citizen and townsman, t h e Hon. J o h n F . Lacey, whose unimpeachable character and high statesmanship i s unques­tioned.

A. F . N . H a m b m t o n .

I believe t h a t t he Republicans a t large should select the i r candi­date fo r Senator. I t is within t h e power of th i s Legislature t o adjourn until November next. A t t h a t time, if a n amendment t o t h e primary law i s passed, we will .have received a n expression of t h e Republican voters of t he State indicating the i r choice, and can, a n d in good conscience will be bound t o name a s Senator f o r t h e s h o r t term the person named by the voters fo r t h e long term. W e cannot a t this time elect a United States Senator, and b e assured t h a t such election will meet with t he approval of t he Republican electors. W e can by resolution, on Thursday next, ad journ t o a day i n November

4

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"without imposing any additional expense upon the taxpayers" except f o r one day's session. The law expressly provides, t h a t members of t he Legislature, when convened in special session, shall receive not t o exceed $6.00 per day while in actual session. On Saturday morning last we adjourned unti l t h e following Tuesday. Clearly the members of th is Assembly a re not entitled t o a per diem f o r t h e intervening Sunday and Monday. A Legislature cannot be said t o be in session, a f t e r adjournment, until i t h a s convened again upon a day named.

"W. H . H A N N A .

I believe that the Republicans a t large should select their candi­date for Senator. I t is within the power of this Legislature to adjourn unti l November next. A t t ha t time, if a n amendment t o t h e primary law is passed, we will have received a n expression of t he Republican voters of t he State indicating their choice, and can, and i n good conscience will be bound t o name a s Senator fo r t he short t e rm the person named by t he voters f o r t he long term. We cannot a t this t ime elect a United States Senator, and b e assured t h a t such election will meet with t he approval of t he Republican electors. We can by resolution, on Thursday next, adjourn to a day in November "without imposing any additional expense upon the taxpayers" except f o r one day's session. The law expressly provides, t h a t members of t h e Legislature, when convened in special session, shall receive no t t o exceed $6.00 per day while in actual session. On Saturday morning last we adjourned unti l t h e following Tuesday. Clearly the members of this Assembly a r e not entitled t o a per diem f o r t he intervening Sunday and Monday. A Legislature cannot be said t o be in session, a f t e r adjournment, unti l i t h a s convened again upon a day named.

W . L . HABDING.

I believe that the Republicans a t large should select their candi­date for Senator. I t is within the power of this Legislature to ad journ unt i l November next. A t t ha t time, if a n amendment to the primary law is passed, we will have received a h expression of t he Republican voters of t he State indicating their choice, and can, and i n good conscience will be bound t ó name a s Senator fo r t he short t e rm the person named by t he voters f o r t he long term. We cannot a t th is t ime elect a United States Senator, and be assured t h a t such election will meet with t he approval of t he Republican electors. We can by resolution, on Thursday next, adjourn to a d a y in November "without imposing any additional expense upon the taxpayers" except f o r one day's session. The law expressly provides, t ha t members of t h e Legislature, when convened in special session, shall receive not t o exceed $6.00 per day while in actual session. On Saturday morning las t we adjourned unti l the. following Tuesday. Clearly the members of th is Assembly a re not entitled t o a per diem f o r t h e intervening Sunday and Monday. A Legislature cannot b e said to be in session, a f t e r adjournment, unt i l i t h a s convened again upon a day named.

M . HARVEY.

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I n harmony with the message of Governor Cummins to th i s extra session I believe that the Bepublicans a t large should select their can­didate for Senator. I t is within the power of this Legislature to adjourn until November next. At that time, if a n amendment to the primary law is passed, we will have received a n expression of the Republican voters of the State indicating their choice, and can, and in good conscience will be bound to name as Senator for the short term the person named by the voters for the long term. "We cannot a t this time elect a United States Senator, and be assured tha t such election will meet with the approval of the Republican electors. We can by resolution, on Thursday next, adjourn to a day in November "without imposing any additional expense upon the taxpayers" except for one day's session. The law expressly provides, tha t members of the Legislature, when convened in special session, shall receive not to exceed $6.00 per day while in actual session. On Saturday morning last we adjourned until the following Tuesday. Clearly t he members of this Assembly a re not entitled to a per diem for the intervening Sunday and Monday. A Legislature cannot be sáid to be in session, after adjournment, until i t has convened again upon a day named. As I am uninstructed by my constituency, and not taking par t with the caucus, I vote independently of their choice.

Respectfully submitted, LOBEN W . I N M A N .

I have earnestly protested against the program tha t brings about this election a t this time. I am a Republican, not a factionalist. I vote for the caucus nominee—A. B. Cummins.

F . F . JONES.

I believe that the Republicans a t large should select their candi­date for Senator. I t is within the power of this Legislature to adjourn until November next. At that time, if a n amendment to t he primary law is passed, we will have received a n expression of the Republican voters of the State indicating their choice, and can, and i n good con­science will be bound to name as Senator for the short term the. person named by the voters for the long term. We cannot a t this t ime elect a United States Senator, and be assured that such election will meet with the approval of the Republican electors. We can by resolution, on Thursday next, adjourn to a day in November "without imposing any additional expense upon the taxpayers" except for one day's session. The law expressly provides, tha t members of the Legislature, when convened in special session, shall receive not to exceed $6.00 per day while in actual session. On Saturday morning last we adjourned until the following Tuesday. Clearly the members of this Assembly a re not entitled to a per diem for the intervening Sunday and Monday. A legislature cannot be said to be in session, after adjournment, until i t has convened again upon a day named.

GEO. A . KELLOGG.

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I believe that the Republicans a t large should select their candi­date for Senator. It is within the power of this Legislature to adjourn until November next. At that time, if an amendment to the primary law is passed, we will have received an expression of the Republican voters of the State indicating their choice, and can, and in good conscience will be bound to name as Senator for the short term the person named by the voters for the long term. We cannot a t this time elect a United States Senator, and be assured that such election will meet with the approval of the Republican electors. We can by resolution, on Thursday next, a,djourn to a day in November "without imposing any additional expense upon the taxpayers" except for one day's session. The law expressly provides, that members of the Legislature, when convened in special session, shall receive not to exceed $6.00 per day while in actual session. On Saturday morning last we adjourned until the following Tuesday. Clearly the members of this Assembly are not entitled to a per diem for the intervening Sunday and Monday. A Legislature cannot be said to be in session, af ter adjournment, until it has convened again upon a day named.

J o h n M c A l l i s t e b .

I believe that the Republicans a t large should select their candi­date for Senator. I t is within the power of this Legislature to adjourn until November next. At that time, if an amendment to the primary law is passed, we will have received an expression of the Republican voters of the State indicating their choice, and can, and in good conscience will be bound to name as Senator for the snort term the person named by the voters for the long term. We cannot a t this time elect a United States Senator, and be assured that such election will meet with the approval of the Republican electors. We can by resolution, on Thursday next, adjourn to a day in November "without imposing any additional expense upon the taxpayers" except for one day's session. The law expressly provides, that members of the Legislature, when convened in special session, shall receive not to exceed $6.00 per day while in actual session. On Saturday morning last v. e adjourned until the following Tuesday. Clearly the members of this Assembly are not entitled to a per diem for the intervening Sunday and Monday. A Legislature cannot be said to be in session, af ter adjournment, until it has convened again upon a day named.

W. W. M c E l r a t h .

I believe that the Republicans a t large should select their candi­date for Senator. I t is within the power of this Legislature to adjourn until November next. At that time, if an amendment to the primary law is passed, we will have received an expression of the Republican voters of the State indicating their choice, and can, and in good conscience will be bound to name as Senator for the short term the person named by the voters for the long term. We cannot a t this time elect a United States Senator, and be assured that such election will meet with the approval of the Republican electors. We can by resolution, on Thursday next, adjourn to a day in November

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"without imposing any additional expense upon t h e taxpayers" except f o r one day's- session. The law expressly provides, t h a t members of t h e Legislature, when convened in special session, shall receive no t t o exceed $6.00 per day while in actual session. On Saturday morning last we adjourned unti l t he following Tuesday. Clearly t h e members of this Assembly a r e no t entitled t o a per diem f o r t h e intervening Sunday and Monday. A Legislature cannot b e said t o b e i n session, a f t e r adjournment, unti l i t has convened again upon a day named.

A S A H E L M A N N .

M B . SPEAKER : I am aware that the Constitution and statutes contemplate t he election of a Senator for t he shor t t e rm a t th is Ses­sion. I am also aware t h a t we have been clamoring for , and now have, a general primary law covering the senatorship generally, b u t not applying t o vacancies similar t o tha t now existing; therefore, f rom the opening day of this session, I have done all t h a t I honorably could as a Republican t o amend the primary law a t th is part icular time so as to cover t he present contingency, and then postpone t he legislative caucus and all reference t o the election of a Senator fori t he short term unti l a f t e r t he people of t he State have spoken on t he subject a t t he November Republican primary, and so ad journ , o r t ake a recess of, this extra session unti l t h a t t ime, and then r e tu rn and elect the Republican candidate receiving a major i ty of t h e Re­publican votes of the State a t said Republican primary. B u t a major i ty of all the Republican members of this Legislature outvoted m e in my contention and refused to postpone such action, and, being a Republican who has always advocated submission to the majority in t he caucus, I therefore vote for the caucus nominee.

C . A . MEREDITH.

I believe that the Republicans a t large should select their candi­date for Senator. I t is within the power of this Legislature to adjourn until November next. A t t h a t time, if a n amendment t o t h e primary law i s passed, we will have received a n expression of t h e Republican voters of t h e State indicating their choice, a n d can, and in good conscience will be bound t o name a s Senator f o r t h e shor t t e rm the person named by t he voters f o r the long term. W e cannot a t this t ime elect a United States Senator, and b e assured t h a t such election will meet with t he approval of the Republican electors. W e can by resolution, on Thursday next, adjourn t o a day i n November "without imposing any additional expense upon t h e taxpayers" except f o r one day's session. The law expressly provides, t h a t members of t he Legislature, when convened in special session, shall receive no t t o exceed $6.00 per day while in actual session. On Saturday morning last we adjourned untTI t he following Tuesday. Clearly t h e members of this Assembly a re not entitled t o a per diem f o r t h e intervening Sunday and Monday. A Legislature cannot b e said t o b e i n session, a f te r adjournment, unti l i t h a s convened again upon a day named.

E R N E S T R . . MOOBE.

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I believe " tha t the Republicans a t large should select their candi­da te f o r Senator." I t i s within t h e power of this Legislature t o ad journ unti l November next. A t t h a t time, if a n amendment t o t h e pr imary law is passed, we will have received a n expression of t he Republican voters of t he State indicating their choice, and can, and In good conscience will be bound t o name a s Senator fo r t he short t e rm the person named by t he voters fo r t h e long term. W e cannot a t th i s t ime elect a United States Senator, and be assured t h a t such election will meet with t he approval of t he Republican electors. W e can b y resolution, on Thursday next, ad journ t o a day in November "without imposing any additional expense upon the taxpayers" except f o r one day's session. The law expressly provides, tha t members of t h e Legislature, when convened in special session, shall receive not t o exceed $6.00 per day while in actual session. On Saturday morning last we adjourned until t h e following Tuesday. Clearly t he members of th is Assembly a re not entitled t o a per diem f o r the intervening Sunday and Monday. A Legislature cannot be said t o be in session, a f t e r adjournment, until i t h a s convened again upon a day named.

B. T. Nix.

I believe " tha t the Republicans a t large should select their candi­da te f o r Senator." I t is within t he power of this Legislature to ad journ until November next. A t t h a t time, if a n amendment to t he primary law is passed, we will have received a n expression of the Republican voters of t he State indicating their choice, and can, and i n good conscience will be bound t o name a s Senator fo r t h e short t e rm the person named by the voters f o r t h e long term. W e cannot a t th is t ime elect a United States Senator, and be assured t h a t such election will meet with t he approval of t he Republican electors. We can by resolution, on Thursday next, ad journ t o a day in November "without imposing any additional expense upon the taxpayers" except f o r one day's session. The law expressly provides, tha t members of t h e Legislature, when convened in special session, shall receive not t o exceed $6.00 per day while in actual session. On Saturday morning last we adjourned until t h e following Tuesday. Clearly the members of th is Assembly a re not entitled t o a per diem for the intervening Sunday and Monday. A Legislature cannot be said to be in session, a f t e r adjournment, until i t has convened again upon a day named.

J . F . OFFILL.

I believe that the Republicans a t large should select their candi­date for Senator. I t is within the power of this Legislature to ad journ until November next. A t t ha t time, if a n amendment t o t h e primary law is passed, we will have received a n expression of t he Republican voters of the State indicating their choice, and can, and i n good conscience will be bound t o name as Senator fo r t h e short t e rm the person named by t he voters f o r t h e long term. W e cannot a t th is t ime elect a United States Senator, and be assured t h a t such election will meet with t he approval of t he Republican electors. W e can b y resolution, on Thursday next, ad journ t o a day i n November

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1908.] JOURNAL OF THE HOUSE. 55

without imposing any additional expense upon t h e -taxpayers except fo r one day's session. The law expressly provides, t h a t members of t h e Legislature, when convened in special session, shall receive n o t t o exceed $6.00 per day while i n actual session. On Saturday morning last we adjourned unti l t he following Tuesday. Clearly t h e members of this Assembly a r e not entitled t o a per diem f o r t h e intervening Sunday and Monday. A Legislature cannot be said t o b e i n session, a f t e r adjournment, unti l i t h a s convened again upon a day named.

CLIFFOBD B . P A U L .

I believe that the Republicans a t large should select the i r candi­date for Senator. I t is within the power of this Legislature t o adjourn until November next. A t t ha t time, if a n amendment t o t h e primary law is passed, we will have received a n expression of t h e Republican voters of t he State indicating their choice, and can, and in good conscience will be bound t o name a s Senator f o r t h e shor t t e rm the person named by t h e voters f o r t he long te rm. W e cannot a t this t ime elect a United States Senator, and be assured t h a t such election will meet with the approval of t he Republican electors. W e can by resolution, on Thursday next, adjourn t o a day i n November "without imposing any additional expense upon t h e taxpayers" except f o r one day's session. The law expressly provides, t h a t members of t he Legislature, when convened i n special session, shall receive n o t t o exceed $6.00 per day while i n actual session. On Saturday morning last we adjourned unti l t he following Tuesday. Clearly t h e members of th is Assembly a r e not entitled t o a per diem f o r t h e intervening Sunday and Monday. A Legislature cannot be said t o be i n session, a f t e r adjournment, until i t has convened again upon a day named.

R . J . R E A N E Y .

I believe that the Republicans a t large should select the i r candi­date for Senator. I t is within the power of th is Legislature to adjourn until November next. A t t ha t time, if a n amendment t o t h e primary law is passed, we will have received a n expression of t h e Republican voters of t he State indicating the i r choice, and can, a n d in good conscience will be bound t o name a s Senator f o r t h e shor t t e rm the person named by t he voters fo r t h e long t e rm. W e cannot a t th is time elect a United States Senator, and b e assured t h a t such election will meet with the approval of t h e Republican electors. W e can by resolution, on Thursday next, adjourn t o a day i n November "without imposing any additional expense upon t h e taxpayers" except f o r one day's session. The law expressly provides, t h a t members of t h e Legislature, when convened in special session, shall receive no t t o exceed $6.00 per day while in actual session. On Saturday morning last we adjourned unti l t he following Tuesday. Clearly t h e members of this Assembly a re not entitled t o a per diem f o r t h e intervening Sunday and Monday. A Legislature cannot be said t o b e i n session, a f t e r adjournment, until i t h a s convened again upon a day named.

F . E . SHELDON.

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I believe that the Republicans a t large should select their candi­date for Senator. I t is within the power of this Legislature to ad journ unti l November next. A t t ha t time, if a n amendment t o t he primary law i s passed, we will have received a n expression of the Republican voters of t he State indicating their choice, and can, and i n good conscience will be bound to name as Senator f o r t he short t e rm t h e person named by t he voters fo r t he long term. W e cannot a t this t ime elect a United States Senator, and be assured tha t such election will meet with t he approval of the Republican electors. We can by resolution, o n Thursday next, adjourn t o a day i n November "without imposing any additional expense upon t h e taxpayers" except f o r one day's session. The law expressly provides, t ha t members of the Legislature, when convened in special session, shall receive not t o exceed $6.00 per day while in actual session. On Saturday morning last we adjourned unti l t he following Tuesday. Clearly t he members of this Assembly a r e not entitled t o a per diem f o r t he intervening Sunday and Monday. A Legislature cannot be said t o be in session, a f t e r adjournment, until i t has convened again upon a day named.

G E O . W . S W A N .

On motion of Hambleton of Mahaska, the House adjourned until 2 :45 o 'clock this afternoon.

A F T E R N O O N SESSION.

House met pursuant t o adjournment.

Speaker Kendall i n the chair.

Y a n Houten of Taylor moved that a committee of three be named t o no t i fy the Senate that the House i s ready to receive them.

Motion prevailed.

Speaker named as such committee: Y a n Houten of Taylor, Allred of Wayne, and Pierce of Buena Vista.

Committee returned and reported that i t h a d so acted.

The Sergeant-at-arms announced the arrival of the President and members of the Senate, who took seats on the west side of the House Chamber.

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1908.] JOURNAL OF THE HOUSE. 57

JOINT MEMORIAL SESSION I N HONOR OF THE LATE WILLIAM BOYD

ALLISON.

The joint session was called to order by Lieutenant Governor Garst, President of the Joint Session.

Hanson of Humboldt moved that Hon. G. L. Tremain of Hum­boldt be accorded a seat upon the platform.

Motion prevailed, and the President named Hanson of Hum­boldt to conduct Hon. G. L. Tremain to the speakers station. •

Kelley of Polk moved that a committee be named to escort the Irovernor to the speaker's station.

Motion prevailed and the President named Kelley of Polk to scort the Governor to the President's Station.

The following program was rendered:

Invocation A. L. Frisbie Music, Jesus Savior Pilot Me Hylo Quartet Memorial resolution of Joint Committee,

Senator Dunham Address Senator Frudden Address Representative Harding Music, Nearer My God to Thee Hylo Quartet Address Senator Allen Music, Someday, Sometime Hylo Quartet Address Representative Hackler Music, Better Land Hylo Quartet Address Senator Saunders Music, Lead Kindly Light Hylo Quartet

Report of Joint Committee on memorial of William Boyd Allison, presented by Senator Dunham.

MEMORIAL AND RESOLUTIONS.

The State and Nation mourn the death of Wil l iam Boyd Allison, senior Senator of the State of Iowa, who died a t his home i n Dubuque, Iowa, August 4, 1908, and was there borne to h is tomb August 8, 1908, with every evidence of respect and devotion from the people of t h e Nation he had so long and faithfully served. I t i s w i t h ful l apprécia-

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t i o n of our loss tha t w e m e e t here to-day t o m a k e fitting note upon t h e records of the State our great appreciation of h i s services t o t h e people and our love for h im a s a man.

Senator W . B . All ison w a s born i n Wayne County, Ohio, March 2, 1829 . H i s early l i fe w a s passed upon the farm and i n t h e schools of h i s nat ive state. H e w a s admitted t o the bar of Wayne County, Ohio, i n 1852 , and began t h e practice of l a w a t Ashland i n that State. H e c a m e t o Iowa i n 1857, locating a t Dubuque and tha t was h i s h o m e unt i l h i s death. H e took a n immediate and continual interest i n the polit ics of h i s country. T w o years af ter h i s arrival i n t h e State, h i s n a m e appears a s delegate t o the Republican State Convention i n Iowa, which nominated Samuel J . Kirkwood for Governor, and a s a de legate t o and a secretary of t h e National Republican Convention i n 1860 , which nominated Abraham Lincoln f o r President. I n 1862 h e w a s elected t o represent Iowa i n Congress and was three t imes re-elected, serving until 1871. H e took h i s seat i n the United States Senate March 4, 1873, remaining i n continuous service i n tha t body unti l h i s death. H e h a s served a s a member of t h e Finance Committee i n t h e Senate since 1877 and h a s been chairman of the Committee of Appropriations i n that body s ince 1881. B y him, a s head of t h e Ap­propriation Committee, bi l l ions i n dollars of our country's money h a s been distributed. N o m a n can truthful ly say that a suspicion of dishon­e s t y i n the exercise of h i s duty attached i n the expenditure of a s ingle dollar of that vast sum. W e need n o t here m a k e a record of h i s works. His h a s been a moulding and guiding hand i n all important national legislation during h i s eventful and busy l ife. Future genera­t ions wi l l find h i s work indelibly stamped upon the history of th i s country t o which h e gave h i s l i f e service. H e had been frequently considered an available candidate for President and failed t o g e t t h e nomination of h is party f o r tha t h igh office i n 1888 by the narrowest margin, or, a s stated by Senator Hoar, of Massachusetts: "I th ink n o other person ever came s o near the Presidency of the United States and missed i t" H e w a s invited t o take the portfolio of t h e Treasury i n t h e cabinets of both President Garfield and President Harrison. H e w a s tendered the position of Secretary of State by President Mc­Kinley, but each t ime chose t o continue h i s work i n the Senate t o which the citizens of th i s State had elected him. H e was a modest, a kindly, a lovable man. Both i n h i s private l i f e and as a servant of t h e people h e was attentive t o the call of h igh and lowly alike. H e h a s been the counselor, t h e confidant of the Presidents. H i s kindly let ters of friendship and service are treasured to-day i n very many h o m e s throughout the land. Others m a y have had a more eloquent tongue; others been more free t o lead into n e w fields of legislation, b u t h e has stood always a s t h e rock of safety t o which all patriots turned i n case of storm and around which the waves of impulse and passion surged without moving him. The Nation h a s reason t o be thankful for his l i fe and t o sorrow a t h is death. Such, too briefly told, h a s been the l i fe and service of this great man, therefore be it,

Resolved, That vre hereby express our appreciation of the noble l i fe and and fai thful service of Wil l iam Boyd Allison, who, called t o many

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positions of trust , has, by his sterling manhood and great ability, Honored every position which h e has held.

That as Congressman and Senator of t he State of Iowa, h e has ably and faithfully served the people and has greatly honored the State and greatly profited the Nation.

A . F . F B U D D E N ,

G E O . W . D U N H A M ,

C . G . S A U N D E R S ,

Committee of Senate. N . B . K E N D A L L ,

C . W . H A C K L E R ,

P H I L I P H E X E S ,

Committee of House.

Senator Frudden moved that the Resolutions of the Joint Committee commemorating the l ife, character and public service of the late Will iam Boyd Allison, be adopted b y a rising vote.

Motion prevailed and resolutions were unanimously adopted.

Remarks b y Senator Frudden.

MB. PRESIDENT—Named as a member of the committee by you, and chosen by the people of the home of Senator Allison t o represent them in the Thirty-second General Assembly, i t has fallen upon m e t o take part in the exercises of this day, and to make a few brief remarks before I move the adoption of t he resolution jus t read. I confess I feel t he absolute inability to do justice in not having t h a t eloquent tongue to fully voice the sentiment of my heart , and those of my people a t this time on the passing of this great statesman, and to fitly express what seems to me due such a man who has served his State and Nation so long and so well, and i t is only fitting and proper t o pause and mark time for a while a t the grave of a man whose name in Iowa, in all i t s history has been made so familiar t o t h e Iowa house­hold. A man, who faithful in the service of the Republic through vigorous manhood, and zealous in its interests unti l death, who, honored by the State tha t he loved, brought honor t o t h a t State, by continuous distinguished service in the counsel of t he Union f rom 1862 to August, 1908. He was always what might be termed a t r u e guide to men regardless of their politics or station in life, and h e was especi­ally a friend of t he young men. I t is said t ha t once a young man came to him to thank him for what h e had done for him, when h e asked Allison if there was anything h e could do in return, i t i s said, tha t the Senator's reply was about like this, "Yes, my boy, you can do much for me by doing well fo r yourself, be industrious and be honest." Certainly good advice. He was actuated only by a desire for the perpetuity of our institutions and the happiness of our people, and when a man like Wm. B. Allison lays down by the wayside,' bow-

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60 JOURNAL OF THE HOUSE. [Sept. 8,

ing and submit t ing t o t h e inevitable laws of na tu re a t t h e ripe age of eighty, i t i s .well f o r us, and those who remain f o r t h e t ime being, t o t a k e u p t h e burden where h e l e f t off, t o pause, and review t h a t most honorable public career a s well a s t h e blameless private life of W m . B. Allison, l a t e Senator i n t h e Congress of t h e United States f rom t h e commonwealth of Iowa. When t h a t i s done we mus t then come t o t h e conclusion t h a t i t i s well worthy of emulation. H e may not have been t h e brightest man, b u t h e was a good man. H e may not have been a s progressive a s some, b u t h e was a sa fe man. H e may no t have been w h a t you would call a polished orator, b u t when h e said something, i t usually meant something. H e was usefu l ra ther t h a n brilliant, careful r a the r t h a n original; successful r a the r t h a n famous. I n Congress h e was looked upon by members of both political parties a s a prudent , conservative s tatesman and his advice on political, a s well economic questions was of ten sought, and no m a n i n Washington could count so many political fr iends, o r so few enemies. Allison's wish came t o be looked upon a s a command which his colleagues were glad t o follow i n all bu t part isan measures. Governor Cummins said of h im a t t h e t ime of his death, Allison will long be remembered no t only i n Iowa, bu t throughout t h e whole country. H e rendered most usefu l service t o t h e Nation dur ing h i s public career which for length h a s scarcely a parallel in t h e history of" t h e United States. Fo r years Senator Allison was chairman of t h e Appropriation Committee in t h e Senate and h i s responsibility a t t imes was great , b u t h e seemed always equal t o t h e emergency, and I believe when t h e history f rom t h e t ime of Garfield t o Roosevelt i s writ ten, yes, I might say f rom 1862 t o 1908, t h e name of William B. Allison of Iowa will appear foremost on i t s pages. I t i s of ten quoted tha t , a prophet i s without honor in his own country, and more especially in t h e vicinity of his own home; tha t , Mr. President , I assure you could n o t apply t o Allison; if we h a d no other proof t o t h e contrary, th i s one would be sufficient.

When ear ly i n August we took wha t remained of Senator Allison f r o m his beaut i ful residence on Locust Street t o beaut i ful Linwood where w e laid h im along side his fo rmer colleague and friend, David B. Henderson, amidst t h e greatest profusion o f . flowers, thousands of people, f r o m his old fr iends down t o t h e children in t h e kindergarten, lined u p on both sides of t h e street f o r over one and a half miles, no t f o r idle curiosity, bu t t o pay the i r las t respects t o Dubuque's most i l lustrious citizen t h a t we were about t o lay away i n i t s final resting place, and a s a t t h a t t ime t h e people of Dubuque assembled t o do honor t o h im who had lived among them f o r so many years, so does now t h e Thirty-second General Assembly of t h e State of Iowa, in joint conven­tion assembled, representing t h e people of t h e State, in whose service f o r many years h e lived, and i n whose service h e died, t h a t we he re inscribe a s a n expression of our sorrow and regret a t our loss t h e cheering and re-assuring conviction t h a t t h e examples of his fidelity and vir tues live on.

I n conclusion, Mr. President, permit me t o extend t h e thanks f r o m our people a t home t o t h e officers and members of t h e Thirty-second

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G e n e r a l A s s e m b l y , a n d t h o s e l a d l e s a n d g e n t l e m e n o u t s i d e o f t h e G e n e r a l A s s e m b l y w h o h a v e h o n o r e d u s w i t h t h e i r p r e s e n c e o n t h i s occas ion t o - d a y . I n o w m o v e , M r . P r e s i d e n t , t h a t t h e r e s o l u t i o n p r e ­p a r e d b y t h e c o m m i t t e e a n d ' r e a d h e r e b e a d o p t e d b y a r i s i n g v o t e . I t h a n k y o u .

Remarks by Representative Hackler.

Mb. Pbesident—In t h e m i d s t of s t r i f e , t u r m o i l , a c r i m o n i o u s d i s c u s s i o n s a n d f e v e r i s h anx i e ty , i t i s pecu l i a r ly fitting t h a t t h e G e n e r a l A s s e m l b y o f I o w a s h o u l d p a u s e t o p a y t r i b u t e t o t h e m e m o r y o f W i l l i a m B o y d Al l i son , o n e of t h e k i n d e s t , s e r e n e s t a n d m o s t l o v a b l e s t a t e s m e n o f a l l t i m e . W o r d s a r e f e e b l e i n e x p r e s s i n g e m o t i o n s , i n a d e q u a t e q u i t e , w h e n a w h o l e n a t i o n i s b o w e d i n p r o f o u n d s o r r o w .

T h e publ ic se rv ices of t h e l a m e n t e d S e n a t o r d e m a n d t h e s k i l l of t h e h i s t o r i a n ; a n a n a l y s i s of h i s c h a r a c t e r r e q u i r e s t h e e f f o r t s of a n i n s p i r e d gen ius . A g r e a t m a n h a s pas sed f r o m o u r m i d s t . I o w a h a s l o s t i t s w i ses t a n d s a f e s t counse l lo r ; t h e n a t i o n h a s su f f e r ed a n i r r e p a r a b l e loss . H e h a s a n s w e r e d t h e final r o l l ca l l—the l a s t dec ree i n e q u i t y h a s b e e n en te red . " A f t e r l i f e ' s fitful f e v e r h e s leeps wel l . "

H i s y o u t h a n d y o u n g m a n h o o d a r e of l i t t l e m o m e n t ; t h e b a l a n c e of h i s l i f e i s s o e n t w i n e d w i t h t h e h i s t o r y of o u r c o u n t r y t h a t i t i s f a m i l i a r t o eve ry s t u d e n t of n a t i o n a l a f f a i r s . B o r n i n a l o g c a b i n i n t h e S t a t e of Ohio, h e exper ienced t h e h a r d s h i p s a n d v i c i s s i t udes i n c i d e n t t o t h e l i f e of eve ry s o n of pover ty . I n e a r l y m a n h o o d h e r e m o v e d t o t h e S t a t e of h i s adopt ion , w h e r e h e abode u p o n t h e b a n k s of t h e F a t h e r of W a t e r s u n t i l t h e e n d of h i s i l l u s t r ious c a r e e r . Soon a f t e r h i s r e m o v a l t o I o w a t h e pub l ic p u l s e w a s t h r o b b i n g w i t h exc i t emen t . Di f fe rences of t h o u g h t a n d i n t e r e s t d iv ided o u r people ; t h e m o m e n t o u s i s s u e of S t a t e s o v e r e i g n t y w a s t a k i n g f o r m . Y o u n g Al l i son soon f o u n d a n o p p o r t u n i t y f o r t h e e n g a g e m e n t of t h o s e r e m a r k a b l e f a c u l t i e s t h a t h a v e s e r v e d h i s c o u n t r y s o well . S e r e n e i n t e m p e r a m e n t , well-poised, c o u r t e o u s t o a l l , a f f a b l e i n eve ry r e l a t i onsh ip of l i fe , t h e pub l i c se rv ice c o m m a n d e d a n d h e obeyed.

S e n a t o r Al l i son ' s c a r e e r h a s b e e n un ique . U n i q u e i n t h e p e r i o d of t i m e i t h a s e m b r a c e d ; u n i q u e i n t h e inf luence h e h a s e x e r t e d u p o n l eg i s l a t i on i n t i m e s of n a t i o n a l t r a v a i l ; u n i q u e i n t h a t h e d i ed w i t h o u t a p e r s o n a l enemy. F o r t h e l a s t forty-f ive y e a r s , s a v e a n i n t e r i m of t w o y e a r s , h e ass i s t ed i n s h a p i n g a n d m o l d i n g t h e d e s t i n i e s of t h i s R e p u b l i c . H e h a s m a d e m o r e of I o w a ' s h i s t o r y t h a n a n y o t h e r m a n . H e h a s w r i t t e n i n t o t h e s t a t u t e b o o k s of h i s c o u n t r y m o r e u s e f u l l eg i s l a t ion t h a n a n y m a n of h i s t i m e .

W h e n t h e d a r k s h a d o w s of d i s u n i o n h u n g h e a v i l y o v e r o u r y o u n g Republ ic , w h e n a r m e d t r e a s o n w a s o r g a n i z i n g t o h u r l i t s s h i n i n g l a n c e t i n t o t h e N a t i o n ' s h e a r t , t h e pol i t ica l p a r t y t o w h i c h h e o w e d a l l e g i a n c e received i t s b i r t h .

S ince o u r Cons t i t u t ion w a s o r d a i n e d d i f fe rences of o p i n i o n w e r e e n t e r ­t a i n e d r e spec t ing t h e c h a r a c t e r of t h e U n i o n . One schoo l of t h o u g h t contended t h a t t h e U n i o n w a s a m e r e v o l u n t a r y a s soc i a t i on of S t a t e s f r o m w h i c h a n y m e m b e r could w i t h d r a w a t p l e a s u r e ; t h e o t h e r h e l d t h a t

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62 JOURNAL OF THE HOUSE. [Sept. 8,

the Union was a nation, indivisible and indissoluble, and any attempt to withdraw therefrom was treason. These different opinions were crystallized into convictions—conviction that the time had arrived for the South to assert its right to withdraw from the Union and administer its own affairs; conviction that the institution of human slavery was eternally wrong—that not one star should fall from that bright galaxy tha t formed the American Union.

Strange, indeed, that each side misunderstood the other. Strange tha t some light from a superior power could not have shone in upon the stubborn, unyielding minds and consciences of imperfect creatures before the appalling tragedy was enacted. Estranged from each other, divided by interest, each side believing tha t the other did not dare submit to the arbitrament of the sword, events drifted steadily toward war, and soon was heard the clash of arms and the steady tread of disciplined feet.

I t would be difficult to picture Senator Allison a militant character, unsheathing his sword to sacrifice his fellow-being. Imagination cannot conceive tha t kind, considerate, beneficent soul, even in the days of stal­wart young manhood, embarking upon a course of ruin, devastation and sacrifice of human life. God gave i t to him to conciliate, to alleviate, tc> compose, to instil into the hearts of his countrymen the divine attribute, love.

Sometimes in the career of great men we can plainly see the guiding hand of a n overruling Providence.

Allison was appointed by Governor Kirkwood a member of his staff to raise troops for the dreaded conflict. He organized two regiments, and would have gone to the front had not the stern hand of disease disarmed and restored him to the larger and more congenial duties of peace. I n t he department of our government where policies are determined, and ways and means provided fo r their execution, there was need fo r such men as Allison. So in t he following year h e was elected t o Congress. Those were days when men's souls were being tried, when men's passions were inflamed and reason dethroned. There was demand fo r the cool, calm and deliberate judgment of an Allison. Thus began, the public career that has embraced nearly one-third of the life of the Nation and made our departed friend the supremest authority upon the intricate questions of revenues and expenditures of our government.

I t is too early to place a proper estimate upon the public services of the lamented Senator. Some there are who think his services upon the Appropriations Committee of the Senate, where the disbursement of over a billion dollars a year passed under his scrutiny, will fix his place in political history; others that the financial policies that bear the impress of his masterful hand, while it is probable that the verdict of the historian will be tha t his fame rests upon his ability to produce harmony out of many discordant notes.

Wherever the responsibility of government rests with the individual, wherever the humblest citizen may voice his convictions in the conduct of public affairs, the estimate placed upon those clothed with official authority must necessarily vary. We have the radical leader and the conservative leader. The American people are a n heroic people, full of

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energy, originality and enterprise. Upon the instant t h e dash, t h e da r ing and courage of the radical gains our adherence and elicits our unqualified approval. Radicalism combats wrong in i ts multifarious forms; i t enlists on the side of the weak and oppressed and wages relentless w a r against t he oppressor; i t is intolerant of delay, and demands speedy act ion; i t is quick in discernment, enterprising i n execution, dis trustful of compro­mise, and follows principles t o the i r ultimate conclusion. I t i s essential to t he onward progress of government and the promulgation a n d execu­tion of needed reforms, bu t there i s always danger t h a t in t h e moment of victory, unless checked, i t may cross t he boundary line of equal and exact justice.

Conservatism i s never destructive. I t is more inclined t o suffer wrongs than to seek a remedy; i t i s never erratic; i t demands proof; w i t h i t reform i s a n evolutionary process, and never unduly hasty. I t holds f a s t t o t h a t which i s good a n d seeks t o gradual ly el iminate t h e bad . I t s a i m i s equality, equity a n d justice. Conservatism watches f r o m t h e he igh t s t h e contest of opposing forces, and i n t h e crisis of t h e m o m e n t d ic ta tes t he terms of settlement.

Both radicalism and conservatism a re necessary i n our fo rm of gov­ernment; both a re needed i n our Hall of Congress; both contribute t o the solution of t he many intricate and perplexing problems t h a t underl ie self-government.

To the la t ter class belonged Senator Allison. H e did not believe i n 3trife; h i s hear t was too full of human kindness t o a t tempt t o ga in a «¡elfish advantage. He never shirked a duty nor shunned a responsibility, but h i s ear was ever attuned t o catch the wishes of t h e people h e loved so well and served so faithfully.

H e was not a conspicuous figure i n political life. Seldom did h e engage in debate, but his words always carried conviction. When a g rea t public question inflamed t h e mind, he listened to t he clash of ideas a n d wi th almost superhuman sagacity discerned the lines of division. Without ever violating a moral principle o r surrendering a conviction of wha t was right, h e had the remarkable faculty of eliminating t h e non-essentials and pointing out t he principle upon which the opposing forces could agree. While a member of t h e Senate, h e was t o a large degree over a n d above t h e Senate counseling and advising. "His soul was like a s t a r a n d dwelt apart ."

And so h e lived, a .quiet, modest, unassuming man, fu l l of honor a n d conscious t o t he last of t h e unfal tering love of h i s people. W h e n t h e lengthening shadows fell they rested upon one in whose bosom no s torm of unsatisfied ambition raged, "but being weary for a moment h e laid down by the wayside, and, using h i s burden for a pillow, fell into t h a t dreamless sleep t ha t kissed down h is eyelids still." A beaut i ful life, a beautiful death

"Life i s a narrow vale between t h e cold and barren peaks of two eternit ies. W e str ive in vain t o look beyond t h e heights . W e c ry aloud, and t h e only answer i s t h e echo of our wailing cry. F r o m t h e voiceless lips of t h e unreplying dead there comes no word; bu t i n t h e night, of dea th hope sees a star , and listening love can hear t h e rust le of a wing."

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Borrowing the thought of another and employing the language of Theodore Parker upon a similar occasion, we can now truly say that—

"He died with his harness on; died like a Senator in the Capitol of the Nation; died like an American in the service of his country; died like a Christian, full of immortality."

Remarks by Senator Allen :

M B . PBESIDENT—By nature I am not a n orator, and the meager ability I do possess is rarely used, hence you will understand me when I say that I feel truly sorry that to the committee i t has seemed expedient to ask me to take part in the exercises of this most memorable occasion. I appreciate this honor and crave the language of a Phillips and the mag­netism oí * W l is ter that I might properly portray the worth of one of the greatest of Iowa's great men—William Boyd Allison.

Only a few weeks ago Iowa, the nation, yes, the world, was called upon to mourn his loss. Without warning, when his children, the State and Nation, were a t peace with all the world, and with their benediction upon his brow, in the quiet of a summer day his great spirit went out. The light of his countenance and counsel, which from the early dawn of his young manhood had illumined our pathway, was dimmed. The shadow which first fell on his home city with the speed of the lightning bolt enveloped our whole country. The farmer in his field, the merchant a t his counter, the mechanic a t his forge, the banker a t his desk, everyone in every walk of life pause with feelings of sadness in personal sorrow.

"The shadow of his loss moved like eclipse, Darkening the world. We have lost him; he is gone; We know him now. All narrow jealousies Are silent, and we see him as he moved. How modest, kindly, all-accomplished, wise. With what sublime repression of himself, And in what limits, and how tenderly; Not swaying to this faction or to that ; iNOt making his high place the lawless perch Of winged ambitions, nor a vantage-ground For pleasure; but through all this tract of years Wearing t h e white flower of a blameless life."

That he was fully and evenly developed in all tha t makes for well-balanced manhood, peculiarly fitting him for the unique position he held, is well stated by those who knew him best. James O. Blaine, in his "Thirty Years in the American Congress," says: "He was more noted for industry, good judgment and common sense than for brilliancy." Burrow of Michigan thus took his measure: "He was more noted for knowledge of facts than skill in presenting them." Senator Aldrich says: "He was an encyclopedia of knowledge concerning Congressional legisla­tion." While Pete Hepburn, in speaking of Allison's place In history, declares: "He will be classified with the useful men."

Senator Allison was really great. By nature not brilliant, by fate not a hero, his worth was his work. He is a n exemplification of the old

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saying, "That which is worth doing a t all is worth doing well." To him the performance of duty was not only to do i t acceptably, bu t to do more than was expected. His reward was work completed, not pay promised or hoped for. I t is said tha t few men in the history of t he world have given more unpaid service than he.

Each task finished developed and enlarged his capacity fo r doing things, until in his later years he overshadowed the strength and power of his associates as the oak overshadows the other trees of the forest.

Days, months and years of his life were spent in careful study of dry statistics, uninteresting schedules, facts and figures, t h a t his country, this country of ours, might prosper. There was no stimulating applause, no blare of trumpets, no shouts of victory, no force to command and n o commanding force save the silent monitor within. So well, so thoroughly he wrought that Presidents sought his counsel and associates, regardless of party, his advice.

As he was great, so he was plain in manner and plain in life. He was quiet and unassuming, modest and retiring. Peacefully and gently he went about his duties among his friends and neighbors, and in the same spirit did he perform his labor in Congress. He was humble but not servile. "He was slow to wrath" and therefore "of great understand­ing." Rarely if ever did a n improper or an ill-considered criticism escape his lips even in speaking to or of political opponents. He solved the problems of state as he would those in mathematics, with reason and logic, always reaching the most expedient solution. He was strong i n conviction, steadfast in purpose, yet always deferential and considerate.

Never were his motives impugned or his integrity questioned. Early in his public life all learned that he was fair and honest. He was there­fore not subjected to the temptations of weaker men, fo r his line of conduct was established from the beginning. Ever t rue to his friends, and ever ready to sacrifice personal ease and comfort in the i r behalf, he was loved by all who knew him, and to know him was to love him. He was kindly in nature. No seeking heart knocked a t h i s door in vain. His charity was such as knows not itself so freely does i t flow, so gently and noiselessly does i t fall.

What a heritage he has left! What an inspiration to a young man who is opening his books for his life accounts! If I were t o epitomize the lessons of his life I would do i t in these words: Star t right, kêep right, end right.

He is gone, but the inspiration of his life and the results of his labor will go on and on forever. To his children, Iowa and the Nation, h e has left a n inheritance written into statutes, outlined in policies and recorded in treaties that will endure as long as the ship of state shall sail.

"The good knight sleeps Where the daisies nod, And the clover hangs i ts head. Where the wild birds come And the wild bees hum, Alone in his lonely bed The good knight sleeps."

5

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Remarks by Representative Harding.

M R . PRESIDENT—A Senator has died . The length of his life was 7 9

years, 5 months and 2 days. We gather as Legislators today to pay t r ibute to his memory. I t is always fitting when a man dies t o pause and make note of his life. History is bu t t he record of the deeds of men. When a Senator dies i t is proper t ha t t he lawmaking body pu t in permanent record their measure of t he man. Thus they make a memorial in conformity with a n ancient and honored custom.

Representative government measured by the length of time in this western hemisphere, i s yet a n experiment. Whether i t shall endure and become permanent will depend largely on t he men around whose lives events center. I n our fo rm of government t he representative must be as good as those from whom power is delegated.

Responsibility is shared alike by t he elector and t he elected. The mortal life of this Senator, William Boyd Allison, began March

2, 1829, in Wayne County, Ohio, and came to a close August 4, 1908, in Dubuque, Iowa.

His early life was spent on a fa rm and did not at tract unusual attention, but gave opportunity to assume responsibility and to act on t h e initiative of his own mind.

I n 1862 h e was elected to Congress, taking his seat March 4, 1863. His service to and fo r the Nation was begun in t he darkest and most gloomy period of he r history; i t came to a close in t he brightest and most prosperous period of t he Nation's history.

W h a t a t ime! Wha t a scene! What a tumult , in t he Congress of the United States in 1863! Wha t problems confronted tha t Thirty-eighth Congress! There were questions of policy, questions of ex­pediency, and questions of finance. They were all well solved. Tho great Lincoln with his hear t torn and bleeding because of t he Nation's struggle and strife, i t s rebellion in the South and the people's discon­ten t i n the North, labored and thought, b u t not alone. From the prair ie state of Iowa came a man, not especially attractive, not str ik­ing in appearance, not an orator, not boastful, not proud, not opin­ionated, not forward, j u s t a man with a clean hear t , -a clean mind, a clejir conscience, a rugged body, a strong will, and a willingness to do t he task which his Nation had called him to perform. The great Lincoln sought this young man's advice and i t was given, not in a spirit of boast but in a spirit of t rue patriotism.

When this young man entered Congress, h e began t o work, a habi t h e followed until t he close of his eventful life. The world ha s never before and may never again witness such a long public career, o r one t h a t will deal with so many great and world-wide problems. He was i n t he public service forty-five years and all these years active and energetic. He never shirked a task or an opportunity, nor did h e ever assume the role of a dictator.

The history of our country, during his activity in public life ha s witnessed the passing of such great men as Lincoln, Girant, McKinley, and many others. They have come on t he stage of action, played their

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par t , gone to the great Beyond, and had their t a sk t aken u p b y others. H e has all this t ime remained influentially connected wi th t h e drudg­ery of public life. W h a t of t he history h e ha s helped t o make? W h a t of t he civilization h e has helped to build? The world h a s never seen i t paralleled in a n equal space of time. The Republic was young a n d not firmly established among the nations of t he world when William Boyd Allison entered public life. I t was to rn by Internal s t r i fe and civil war, i t had no monetary system, i t allowed h u m a n slavery. To­day the American Republic is unequalled i n all t he nations of t h e world. She settles t he disputes of the other nations, s h e carries the i r commerce, she keeps them in peace, she leads them in education and invention and furnishes a n example of a people, t h e best employed, t h e best fed, and t he best cared fo r the world has ever seen. Will iam Boyd Allison helped to make this history as a member of t he Congress of t he United States. His life linked the old with t h e new, t he pas t with t he present.

The young men of this t ime a re not well acquainted with Allison in a public way. He was of t he old school in h i s political l i fe; n o t much given to the blare of trumpet and t he sound of drum. Some, because of these facts, thought h e was out of sympathy with th is t i m e and age, thought t h a t his hear t did not warm to t h e public call. Such was not t he case. Old Allison was ever young i n hear t . On t h e day of his death I talked with a young man who related a n experience of his with the old Senator on his last campaign t r ip th rough Iowa. T h e young man' was in college and preparing f o r a debate. H e sought a conference with the Senator and • when he told wha t h i s mission w a s Senator Allison dismissed the politicians and gave t h e young m a n a half hour of his time and expressed very freely his opinion of t h e question and helped to make an outline to overcome the opponent's argument.

On March 4, 1873, a f t e r serving four terms i n t he House of Repre­sentatives, Mr. Allison was elected by the people of th i s grea t agricul­tu ra l State to serve them and the Nation In t h e Senate of t he United States. He was again elected in 1879, again in 1885, again i n 1891, again in 1897, again in 1903, and had he lived could have been re­elected again in 1909. During the t ime h e served t h e State i n t h e United States Senate h e was chairman of t he Appropriations Com­mittee of tha t body f r o m 1881 t o 1893 and f r o m 1895 t o 1908. Dur ­ing all this period, i t is said, t ha t not a dollar of public money w a s ever appropriated t h a t h e did not know where i t was going and f o r what purpose. Mr. Allison was a master of finance. His legislative work, however, was not confined alone to t h e one subject. H e m a d e a careful study of all t he great problems t h a t t h e Nation ha s h a d t o deal with and helped t o shape the policy of t h e Nation i n both i t s internal and foreign affairs.

Allison in his political affiliation was a Republican. I n his work i n t he legislative body h e rose above party and worked f o r t he good of all the people. Members of all parties sought h i s advice when ques­tions of state policy were a t issue. His fr iends were o n both sides of t h e Senate and they loved him because of his f a i r a n d honest t r e a t -

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ment of every subject and measure. In the last years of his official l i fe h e was called t he " fa the r of t he Senate."

The side of Allison's l i fe t he least known bu t of the greatest interest perhaps was his home life. He was twice married. His first wife died in 1860, and his second wife in 1883. Allison was essentially a home man and believed most t ru ly i n t he puri ty of the American home. He represented i n his l i fe t h a t which is purest and best in social affairs. Af ter the death of his second wife there was a shadow of gloom tha t filled his hea r t and h e worked t he harder in h i s public office t h a t this gloom might not find lodgment.

To whom does this grea t Senator belong? To the people of Iowa? No, t o t he people of t he Nation and of all time. His was an unselfish toil. His first concern was f o r t he people of the great State of Iowa. To them h e gave of his l i fe blood, throughout his life of nearly 80 years. He was so broad in his vision, so patriotic i n his endeavor, t h a t whatever h e did f o r t he people of his State was good fo r t he people of t h e Nation and f o r all time.

Allison's political career was peculiar in this tha t h e was satisfied with his place in t he Senate in the United States. I n 1881 h e was offered the Secretaryship of t he Treasury by President Garfield. In 1889 President Harrison made him a similar offer and in 1897 Presi­dent McKinley offered t o appoint him Secretary of State. All these offers were declined, bu t f rom the time h e entered Congress in 1863 unt i l h is death h e was t h e adviser of Presidents on matters of state. His advice, his counsel and help was as eagerly sought by the young and vigorous 'President of to-day as by Presidents of former times. I n t h e recent legislation enacted by the national Congress looking t o t h e control of transportation companies and t rus ts h e was t he Presi­dent 's counselor and adviser and the leader, of thought in both branches of Congress. He grappled with t he new problems of t he Twentieth Century as easily and successfully a s h e did with t h e probl­ems of t he old century.

An inspired philosopher has observed, "There is a t ime fo r all things—a time to die." Death came in t he fullness of years. The harvest t ime was upon u s when h e laid down to rise n o more i n this mortal body. The end was peaceful, calm and serene. H e died as h e lived. Quietly he "wrapped the drapery of his couch about him" and entered tha t long journey without a murmur.

Priends f rom every quarter of the Republic gathered a t his grave side and t he Nation mourned. There was no sound o r martial t read, grave men, and bright faced children gathered to do honor t o his memory. The flower of t r ibute t h a t was laid upon his grave was t he hea r t beat of a grateful Nation. William Boyd Allison did not die. A Senator died. He lives, for Iowa lives and the Nation lives stronger, better, nobler, purer and more secure. Republican representative government lives and has t h e example of a n unselfish l ife to spur i t on t o stronger and better endeavor. The people of Iowa are grateful fo r th i s l i fe and this man, t he State ha s been given a place in t he sister­hood of states, strong and secure. Young men f rom Iowa will find

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their place easy in t h e national council because of h i s l i fe work and Iowa will long have greater influence thereby. The people of t h e Na­tion may forget t he name of Allison, b u t t h e people of Iowa never. His name has f o r nearly half a century stood f o r honesty i n public a s well as private life and this, in my judgment, makes i t permanent i n t he thought of the State and Nation. His pure character and fidelity t o r ight principles have le f t their imprint upon th i s commonwealth and t he Republic in such a way tha t they can never be effaced. W h e n the roll of t he Nation's t ru ly great and good men i s called the re will always be the name—William Boyd Allison.

Remarks by Senator Saunders:

Again has t h a t awful fiat "Dust thou a r t t o dus t r e tu rn , " gone f o r t h in our midst. Death, who ever seeks a shining mark, has summoned our bravest and best, and our heads are. bowed in sorrow and grief. T rue to the instincts of our higher and better selves, th is grea t legis­lative body, which stands f o r and shapes t he destiny of t he people of Iowa, has assembled i n solemn convocation t o do honor and reverence t o the memory of Iowa's mighty dead. I n th is commonwealth, where every man is the equal of every other man, t h e General Assembly has seldom turned from the duties of legislation to pay a tr ibute of respect t o any departed citizen, no mat te r how high Ms r a n k o r s ta­tion, bu t the honor i s ours to-day when we cease f r o m our labors, obedient to a common impulse "to render our hear ts ' t r ibutes of love and honor to Iowa's most distinguished citizen and Senator, Will iam Boyd Allison, who so recently entered t he Boatman's b a r k and crossed t he river to the other side. Wealth could not buy nor influence secure t he session we hold th is afternoon. I t comes a s a t r ibute of esteem and regard fo r a plain, simple, old m a n who h a d no gold clanking i n coffers, nor wealth i n store, b u t who lived f o r h i s country and country­men and who died secure in t h e love and esteem not only of t h e t w o million five hundred thousand who delighted t o honor h im b y h igh position in State and Nation bu t of t h e ninety millions who revered him as the great, patriotic Senator f rom Iowa.

He was a great and good man, bu t when all is said h e was b u t a high type of t he institutions t ha t surrounded him and t h e ancestors t h a t had gone before. When the Mayflower sailed f o r t he shore of t he new world, she bore within her wooden walls as precious a h u m a n cargo as the world ever knew. They had n o wealth, no t i t les of nobility, no goods and chattels of any great moment, they were fleeing a s refugees f rom home and native land across a s torm tossed ocean t o a n unknown shore,, a n inhospitable clime, and a savage foe ; one purpose alone actuated their journey and t h a t was t o secure amid the primeval woods a place where they might worship God according t o the dictates of their own conscience and b e f r e e men. Next t o love of God, was their love of freedom. The word "s lave" was n o t in their vocabulary. They brought nothing t o Plymouth Rock except their sterling manhood and their principles of r igh t and justice. Amid

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t h e snows and t he cold of a Massachusetts winter they raised t he s tandard of liberty and taught t o their children t he lesson t h a t all men of r ight a re f ree and t h a t they should be equal before t h e law. Those principles have animated and dominated t he men of New England no mat ter where their footsteps may have wandered; they were a par t of Otis when h e stood before t he British Governor and denounced the writs of assistance, they were a t Bunker Hill and Valley Forge and Yorktown, they animated "Wendell Phillips and William Loyd Garrison when they denounced human slavery; like invisible spirits they walked side by side with John Brown on his way t o the scaffold; they struck the shackles from five million of bondmen and led the serried lines of loyal blue unt i l they planted the flag on the shore of t h e Gulf and by t he waters of t he Rio Grande; they were written upon t h e battle flags of t he eighty thousand brave men of Iowa when they marched away t o t he Southland and they a re stamped to-day a s indelibly upon the s tatute books of Iowa as upon- the flags in yonder chamber.

The men of Massachusetts i n t ime swept over the western border and across t he states of New York and Pennsylvania into Ohio. In this new Western State they cleared the forests and raised their cabins. By the dim light of their fireplaces they told their children the story of liberty and what i t had cost in privation, sorrow and blood. At the close of t he Revolutionary war, a sturdy Scotch-Irish emigrant of splendid stock settled in Pennsylvania. He, too, belonged to a race t h a t had sent i ts martyrs t o t he scaffold f o r conscience sake and tha t had been hunted ^mid t h e lochs and valleys of Scotland by t he minions of tyrants. To this emigrant, in t he year of 1798, was born a son, John Allison, who in his young manhood moved to Wayne County, Ohio. Like all who settled in Ohio a t t ha t date he was poor. I n his humble home, on the second day of March, 1829, William B. Alli­son first saw the light of day. I n t he log cabin schools of t h a t new State h e acquired a common school education, and, what was equally important, learned t o love the. principles of Scotland and Plymouth Rock. Two years in college was added t o his stock of learning and then h e studied and essayed t he practice of the law, commencing a t Ashland in the year 1852. In the year 1857, attracted by the stories of t he newer West, h e moved to Dubuque where h e dwelt until his friends and neighbors gently and tenderly laid him away— amid t h e scenes h e had loved so well.

Imbued as Allison was by his love of justice, and actuated by his high sense of public duty which ever characterized the man, he soon entered actively into public affairs. At that time slavery was raising its insolent head in the Halls of Congress. Kansas was cursed with border ruffians and the Supreme Court of the United States had held that it was the duty of the courts of all the States to return the slave to his driver and give the slave master safe conduct to his home. Iowa, whose institutions were laid broad and deep in the principles of New England, was soon aroused as never before. She felt and her people proclaimed tha t no constitution of human fabrication could take away from any man the

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right that God gave him to ba free. To the vindication of those princi­ples her people gave of their time and treasure, and in the forefront of this struggle stood young Allison. I n 1860 we find him seated as a delegate in the Wigwam a t Chicago, where was nominated the. immortal Lincoln. From that convention emanated a platform t h a t was t he trumpet call of duty, and to i t Allison responded. The war clouds lowered and a t last broke in an awful deluge of civil strife and battle. I n those troubled days of '61 Iowa, though rich in splendid manhood and civic virtue, was poor in purse and weak in credit. A savage foe threat­ened her west and northern borders, and her southern counties were constantly menaced by t he armed forces of rebellion. Without money and. without arms, Governor Kirkwood sought to raise and a r m troops by pledging his private fortune many times over and by calling t o his assistance brave, patriotic young men, among them Allison. Four regi­ments were soon recruited by him as a n aide of Governor Kirkwood, but the zeal of youth soon exhausted a splendid physique, and for one year h e was unable to work. But the lion could not brook restraint, and h i s voice was soon calling the patriotic citizens of Iowa to t he defense of the Nation. Eighty regiments of Iowa soldiers went to the front , and ten of them were recruited through Allison's efforts. I s i t any wonder tha t Kirkwood in that summer of 1862 asked him to join tha t bright galaxy of Congressmen from Iowa composed of James F . Wilson, Hiram Price, J . B. Grinnell, John A. Kasson and A. W. Hubbard? In the fall campaign of 1862 Allison saw the injustice that would come to the Union soldier fighting in the field and deprived of his vote, while the foe in t he rear remained a t home and exercised the right of suffrage. At his suggestion Kirkwood convened the Legislature in extra session and t h e soldier in the field was given an opportunity to vote as he was shooting. Other States followed the example of Iowa, and soon nearly the whole Union forces were registering their ballots for the preservation of the Union. In 1864 more than a million of men were in arms, and nearly all cast their votes for Lincoln. Without this vote Lincoln might have failed of election and the war been given a different conclusion.

From March 4, 1863, to March 4, 1871—a period of eight years—Allison served in the House of Representatives. And what fateful years they were! Lee swept up through the fields of Maryland into Pennsylvania and then recoiled from the bloody slopes of Gettysburg. Grant, with his gallant Western men, saw the proud flag of the Confederacy fall a t Vicksburg and the Mississippi "flow unvexed to the sea." I n those years the soldiers of the Union planted the flag on Lookout's heights, Sherman with that peerless army marched to the sea and the nation saw the glorious morn of Appomattox. Lincoln fell just as the laurels of peace were to be placed upon his brow, and joined his "boys" who had fallen in defense of their country. Allison served through the t rying period of reconstruction and voted against the impeachment of Andrew Johnson. Though severely criticised, time has done him justice and today there are few who wish that vote had been registered otherwise.

His services in the House won for him distinction, and soon h e was known as one of the working members. To the discharge of every duty

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h e brought a n honest heart and thereby gained the confidence and esteem of his associates. He it was who devised the commission plan of govern­ment for the District of Columbia. This system has since been adopted by other cities and is now known as the Galveston or Des Moines plan. An improved system of collecting the public's revenue was also the product of his fertile brain, and its use has continued to this hour without serious suggestion of repeal. This honorable career of eight years closed leaving him the friend of all and beloved by his State.

On the 4th of March, 1873, he entered the Senate of the United States, where h e served for more than thirty-five years—a longer term of con­tinuous service than that vouchsafed to any other person in the history of the Nation. The years came and went, ever presenting their new and complicated problems, but Allison was, facile princeps, a leader. Never aggressive, in the offensive sense of the term, he was ever safe and true to his convictions of duty. The tongue of slander rarely sought him for a victim of its malice, and the smell of fire was never upon his garments. For more than twenty years he served upon the Appropriations Committee, and most of that time he was i ts Chairman. During that period i t recommended appropriations amounting to many billions of dollars, yet when he died his estate scheduled less than one hundred thousand dollars, and most of tha t came from his wife. How the blush of shame should mantle the cheek of those who were his traducers. In his early history in Congress he gave his support to a measure because i t was, as he believed, calculated to prove of great public benefit. After i ts passage a block of stock was sent him by a corporation that profited through the legislation. He promptly returned i t with the suggestion tha t he could accept no compensation where he had acted for the public welfare. Allison was too modest to tell the story, and i t came to the knowledge of a few through his associates in legislation. He was not of tha t breed of statesmen who stand in the public places proclaiming their many virtues. To mold legislation was all the reward he sought. The Almighty made him childless that he might live for his country alone, and after the tragic death of his wife in 1883 those who were near­est to him knew that in his heart of hearts he had determined to conse­crate the remaining years of his life to the service of his country.

During the later years of his service in the Senate his position was almost ideal and unlike tha t ever enjoyed by any other member of the Senate in all the years of its history. His high character and unselfish devotion to the public had won the confidence of all and the dislike of none. When the storms of debate and partisan passion swept over the Senate Allison stood unmoved, and i t was ever his hand that guided when all others had failed. "Let Allison fix the matter" became a com­mon expression among his associates, and the recitation of that term is the highest encomium that we can pay to him a t this hour. A safe repository of the secrets of faction, party and state made him the con­fidant of all, and he was the trusted adviser of every President from Lincoln to Roosevelt. Few great measures passed the Senate in the last twenty-five years that did not bear the impress of his labors. The Bland-Allison Act demonstrated his ability as a financier, and all conceded to

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1908.] JOURNAL OF THE HOUSE. 73

him a greater knowledge of public expenditures t han any other m a n of his time. He dwelt in the plain, unpretentious Grimes homestead a t Washington, surrounded by his books and faithful friends who delighted to sit a t his feet to catch the words of wisdom tha t fell f rom h i s lips. The carriages of cabinet ministers and diplomats seeking his advice were a familiar sight a t h is door, and none departed without feeling tha t h e had listened to the words of a master who knew the world's problems and who helped to bear its burdens. One remarkable characteristic of Allison was his ability to draw all men to him. I n t he Senate of t he United States party lines are closely drawn and party bitternesses are often engendered, but Allison ever enjoyed t he confidence of those who were not of his political faith. A friend of mine a few months since rode for a half day in the company of Senator Tillman of South Carolina, and the distinguished Senator devoted nearly the whole time to a dis­sertation upon the many virtues of Senator Allison.

His knowledge of public affairs was so great t ha t his judgment became almost intuition. Three times was he tendered a Cabinet portfolio a s Secretary of the Treasury, and once was he so near to t he White House that only the prejudice of a disappointed candidate deprived him of t he position. He, however, did not need the Presidency to make him great and to give him a place in history. The statutes of his country a re h i s monument and the storms of time cannot destroy the influence tha t h e exerted nor sweep away the good he has done.

Iowa mourns today for the Sage of Dubuque, her great Senator who has passed to the majority, but amid her sorrow she rejoices because h e wore for more than thirty-five years, with honor to her, the Senatorial toga she placed about h im; she rejoices because a t the end of life h e sleeps in her sacred soil and among ner grateful children. Like t he majestic river, bluff and forest crowned, that washes her eastern border, the influence of his life will flow on and on, a blessing to all mankind.

Hambleton of Mahaska moved that the Joint Session now dis­solve.

Motion prevailed and the Joint Session dissolved.

HOUSE RECONVENED.

Speaker Kendall in the chair.

Dow of Franklin moved that the proceedings of the memorial session be printed in the House Journal.

Motion prevailed.

On motion of Moore of Linn the House adjourned till 10 o'clock tomorrow morning.

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7 4 J O U R N A L O F T H E HOUSE. [Sept . 9,

JOURNAL OF THE HOUSE

H A L L O P T H E H O U S E OF REPRESENTATIVES,

D E S M O I N E S , I O W A , S e p t e m b e r 9 , A . D . 1 9 0 8 .

House met pursuant to adjournment.

Speaker Kendall in the chair.

Prayer was offered by the Rev. J. B. Metcalf of Beaman.

Journal of Friday, September 8th corrected and approved.

E E P O E T O P C O M M I T T E E .

Darrah of Lucas from the Special Committee on Elections sub­mitted the following report :

ME. SPEAKER—Your. Commit tee o n Special Commit tee o n Elections, t o w h o m w a s r e f e r r e d H o u s e P i l e No. 1, a b i l l f o r a n a c t t o amend t h e l aw a s i t a p p e a r s i n Chapter F i f ty-one (51) of t h e A c t s of t h e Thirty-second Genera l Assembly r e l a t i ng t o t h e express ion of choice of candida tes f o r S e n a t e i n t h e Congress of t h e Un i t ed S ta tes , b e g leave t o repor t t h a t t h e y h a v e h a d t h e s a m e u n d e r cons idera t ion a n d h a v e ins t ruc ted m e t o r e p o r t t h e s a m e b a c k t o t h e H o u s e w i t h t h e r ecommenda t ion t h a t t h e s a m e b e a m e n d e d b y s t r i k i n g o u t a l l a f t e r t h e enac t ing clause, a n d inse r t ing i n l ieu thereof t h e fol lowing:

SECTION 1. T h a t t h e l a w a s i t a p p e a r s i n Chap te r Fi f ty-one (51) of t h e A c t s of t h e Thirty-second Genera l Assembly, b e a n d t h e s ame i s he reby a m e n d e d b y a d d i n g a f t e r t h e per iod a t t h e e n d of Sect ion Twenty-four (24) of s a id Chap te r t h e fo l lowing:

I f t h e c a n d i d a t e of a n y p a r t y f o r t h e office of S e n a t o r i n t h e Cong­r e s s of t h e U n i t e d S t a t e s w h o h a s r ece ived t h e h i g h e s t n u m b e r -of v o t e s i n h i s p a r t y a t a n y p r i m a r y e l ec t i on a s a c a n d i d a t e f o r s u c h office, d ie , r e s i g n o r r e m o v e f r o m t h e S t a t e of h i s r es idence , o r f o r a n y o t h e r c a u s e a v a c a n c y i n s u c h c a n d i d a c y s h a l l o c c u r a f t e r s u c h p r i m a r y elect ion i s he ld a n d before t h i r t y d a y s p r i o r t o t h e d a y of t h e genera l e l ec t i on i n Novembe! nex t fo l lowing , a n e w p r i m a r y e lec t ion s h a l l b e

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1908-1 JOURNAL OF THE HOUSE. 75

held by the members of such party on the day of such general election for the purpose of again nominating or expressing their choice for a candidate for said office in the manner herein provided, viz.:

(A) Any person desiring to be a candidate for said office shall have the qualifications required by law, and shall file nomination papers with the Secretary of State in manner and form substantially as required by Section Ten (10) of Chapter Fifty-one ( 5 1 ) of the Acts of the Thirty-second General Assembly, at least twenty ( 2 0 ) days prior to the day of the general election next following.

( B ) Each candidate for said office who has filed nomination papers as required by Sub-division (A) hereof shall be entitled to have h i s name printed on a primary election ballot which shall be prepared, arranged and printed by the Secretary of State substantially in the fol­lowing form:

PRIMARY ELECTION BALLOT. Party of the State of Iowa.

Primary election to be held on the day of November, A . D. for the purpose of placing in nomination a candidate of the

Party for the office of Senator in the Congress of the United States.

FOR UNITED STATES SENATOR. (Vote for One.)

I I John Doe. [ \ Richard Roe.

• (C) Any member of the party holding a pr imary election under the

provisions of this Act desiring to vote for a candidate for the office of Senator in the Congress of the United States shall make a written or printed request of the Judges of Election for a primary ballot i n the following form:

"I request a primary election ballot for the purpose of voting a t this primary election for a candidate of the Party for the office of Senator in the Congress of the United States. I declare that I affiliate with and am in sympathy with the principles of the Party; that i t i s my intention to support generally a t this election the nominees of such party; that I have not enrolled with nor participated in any primary election or convention of any other political party since the first day of the last preceding year."

Upon the presentation of such request i t shall be the duty of the Judges of Election to deliver to the applicant, if a qualified elector, a primary election ballot unless challenged on the ground that h e i s not a member of such political party; and if challenged on said ground It shall not be delivered to him unless he make oath t o the statement h e has made In his request to be administered by one of the Judges of Election, and if he make said oath h e shall be entitled to receive and vote said primary ballot; provided that n o person shall receive a primary ballot who participated in the last preceding primary election of any other political party, as shown by his enrollment.

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76 JOURNAL OP T H E HOUSE. [Sept. 9,

(D) The officers of the general election shall be the officers of the pr imary election hereby authorized, provided, however, t ha t i n pre­cincts i n which more than four hundred votes were cast a t the last general election a n additional clerk may b e employed and paid as other clerks of t he general election.

( E ) The names of t he members of t he par ty voting a t said primary election shall be recorded in separate poll books, and the clerks of election shall designate the party affiliation of each person receiving a Senatorial primary ballot.

( F ) The primary election provided fo r in this Act shall be held in each voting precinct of t he State a t t he same t ime and concurrent with t h e holding of t he general election.

(G) The votes of any political party cast a t such primary election f o r t h e nomination of a Senator i n t he Congress of the United States shall be canvassed, recorded and certified t he same as those cast f o r State officers, and t h e candidate of any par ty fo r such office a t the primary election herein provided f o r receiving the highest number of votes of his party in the State shall be the nominee of his party for such office and t he Secretary of State shall certify t he result of such primary election t o t he next convening General Assembly.

( H ) The Secretary of State shall distribute t o each County Auditor in t he State, a t least fifteen days prior t o t he general election, a suffi­cient number of primary election ballots and request statements, as herein provided for, fo r the use of t he members of any party holding a primary election under t he provisions of th is Act, and each County Auditor shall distribute a sufficient number thereof t o t he Judges of each election precinct a t the same t ime and in t h e same manner as required by law for the distribution of the official ballots fo r the general election. The fac-simile signature of t he Secretary of State shall be placed upon each primary election ballot.

( I ) The provisions of Chapter Fifty-one (51), Acts of the Thirty-second General Assembly, shall apply to t he primary election provided f o r in th is Act so f a r as applicable, except a s herein otherwise pro­vided.

Sec. 2. This Act, being deemed of immediate importance, shall take effect and be in force f ro mand after the date of its publication in t he Register and Leader, Des Moines Capital and Des Moines Daily Tribune, newspapers published in t he city of Des Moines, Iowa.

And when so amended tha t t he bill do pass. J . H . DAEBAH,

Chairman.

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DeMar of Davis, presented the following minority report of the Special Committee on Elections and moved that i t be substituted for the report of the committee:

M I N O R I T Y R E P O R T O F T H E S P E C I A L C O M M I T T E E .

MB. SPEAKER—We, t h e minori ty of your special committee, find our­selves unable to concur wi th t h e major i ty i n recommending for passage House File No. X, a s amended by t h e major i ty of your committee, and recommend t h a t t h e same be amended by subst i t t ing t h e at tached bi l l :

A B I L L for a n Act relating t o t h e nomination of candidates f o r members of t h e General Assembly; relat ing t o t h e nomination a n d election of Senators i n t he Congress of t h e United States; re la t ing t o t h e filling of vacancies i n nominations for office; amending Section T e n Hundred Eighty-seven a Ten, repealing Section T e n Hundred Eighty-seven a Twenty-four, of t h e Supplement t o the Code, a n d enacting a subst i tute therefor ; a n d amending Title Six, Chapter Th ree of t h e Code.

B E I T ENACTED B Y T H E GENERAL A S S E M B L Y OF T H E S T A T E OF I O W A :

SECTION 1. T h a t Section t e n hundred eighty-seven a t e n of t h e Supple­ment t o t he Code be and t he same i s hereby amended by adding there to t h e following:

I n case a n elector seeks t he nomination fo r t h e office of Senator o r Representative i n t h e General Assembly, h e shal l be furnised, o n applica­t ion to the Secretary of State, a n affidavit b lank i n f o r m a s required herein, save t h a t the re shal l be printed on said blank form, a n d o n t h e same sheet of paper, by way of addition thereto, t h e following two state­ments, either of which h e may sign, but if h e does no t do so t h e Secretary of State shall no t on t h a t account refuse to file h i s nomination paper.

STATEMENT NO. 1.

I hereby declare t h a t if elected t o t he office which I seek I will, d u r i n g t he term of m y office, always vote for t he candidate f o r Senator i n t h e Congress of t h e United States who h a s received t h e highest number of votes for t h a t office a t t he general election next preceding t h e election of a Senator i n t h e Congress of t he United States, wi thout regard t o m y individual preference.

Signature of the candidate for nomination.

STATEMENT NO. 2.

I hereby declare t h a t if elected t o t h e office which I seek I shal l consider t he votes of t h e people fo r Senator i n t h e Congress of t h e United Sta tes nothing more t h a n a recommendation, and I shal l feel f r e e t o wholly disregard them.

Signature of the candidate for nomination.

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78 JOURNAL OF THE HOUSE. [Sept. 9,

Not later than ten days af ter the passage of this Act the Secretary of State shall mail to each candidate for the office of Senator or Representa­tive in the Thirty-second General Assembly a t the time of the passage of this Act blank statements No. 1 and No. 2, in form as indicated above, one of which statements said candidate may sign and file with the Secre­tary of State not later than the first day of October, 1908.

SEC. 2. That Title Six, Chapter Three of the Code, be and the same is hereby amended by adding thereto the following:

At the general election next preceding the election of Senator in the Congress of the United States by the General Assembly there shall be placed upon the official ballot by each of the County Auditors the names of the candidates for Senator in the Congress of the United States of all political parties which have, as certified by the Secretary of State, been nominated by any of the methods provided by law, and the vote for said candidates shall be counted and certified to by the Election Judges and Canvassing Boards in the same manner as the vote for candidates for other offices. The certificaté for the vote for Senator in the Congress of the United States shall be made in duplicate and sworn to by the Board of Canvassers of each County and returned to the Secretary of State, who shall transmit such certificates to the General Assembly, upon its organiza­tion a t the next ensuing session, one of which shall be addressed to the President of the Senate and the other to the Speaker of the House of Representatives, which officers shall open and lay the same before the House ahd Senate when in session for the purpose of electing a Senator in the Congress of the United States as now required by law.

SEC. 3. That Section Ten Hundred Eighty-seven a Twenty-four of the Supplement to the Code be and the same is hereby repealed and the following enacted in lieu thereof :

In case of a t ie vote resulting in no nomination for any office or the election of delegates or party committeemen, the t ie shall forthwith be determined by lot by the Board of Canvassers or Judges of Election, as the case may be.

A vacancy in the nomination for any office to be filled by the voters of a County, existing after the holding of the June primary election, shall be filled by a convention composed of the delegates of the party in which the vacancy nomination exists, elected under Section Ten Hundred Eighty-seven a Twenty-five of the Supplement to the Code.

A vacancy in the nomination for any office to be filled by the voters of a Senatorial or Congressional District composed of more than one County, or by the voters of the whole State, shall be filled by a convention of delegates selected in County conventions of delegates of the party in which the vacancy nomination exists, elected under Section Ten Hundred Eighty-seven a Twenty-five of the Supplement to the Code.

Any such convention not called under the provisions of Sections Ten Hundred Eighty-seven a Twenty-five, Ten Hundred Eighty-seven a Twenty-six or Ten Hundred Eighty-seven a Twenty-seven of the Supplement to the Code shall be called by the Chairman of the party Central Committee of the County, District or State,' as the case may be, and the time for holding such convention shall be fixed by him a t a time not later than

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1908.] JOURNAL OF THE HOUSE. 79

thirty days prior to the first Tuesday after the first Monday in November; provided that if the vacancy occurs later than forty days prior to the first Tuesday after the first Monday in November the date for the holding of the convention shall be fixed a t a time not later than ten days af ter such vacancy occurs.

In case of death, withdrawal or. inability from any cause of a political party's candidate for Senator in the Congress of the United States as expressed by the vote a t the regular primary in June to be a candidate before the General Assembly, then and in that case the foregoing provisions shall apply and be operative for the selection of another candidate for that party.

If a vacancy shall occur after the November election and before the first day of January next following, by the death, withdrawal or inability of the candidate of the people's choice for Senator in the Congress of the United States as expressed a t the general election to be t he candidate for election by the General Assembly, then the political party which nominated said candidate shall meet in convention called as provided herein, a t a time not later than ten days after such vacancy occurs, and select a candi­date for that office, and in such case members of the General Assembly who have signed Statement No. 1, as provided in Section One hereof, shall be released from their obligation in said statement.

SEC. 4. This Act, being deemed of immediate importance, shall be in full force and effect from and after its publication in t he Register and Leader and Des Moines Capital, newspapers published in the city of Des Moines.

And tha t when so amended the same do pass. J O H N D E M A B .

H . L . PIERCE.

C L I N T PRICE.

E D W A R D M C D O N A L D .

T H O S . GENEVA.

Roll call demanded b y Clarke of Jefferson and K u l l of Howard.

On the question, Shall the minority report be substituted a s t h e report of the committee:

The yeas were:

Baird, Balluff, Bauman, Calkins, Clarke, Clary, Cottrell, DeMar, Dodds, Feay, Geneva, Hambleton, Heles, Kendall, Koontz, Kul l , McDonald, Miller of Bremer, Miller o f Dubuque, Offill, Pierce, Price, Reitz, Ritter, Schoenenberger, Schroeder, Schulte, Sidey, Sparks, Springer, Stewart, Sullivan, Swi f t , Weeks, White , W o l f e

—36.

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80 JOURNAL OF THE HOUSE. [Sept. 9,

The nays were:

Allred, Anderson, Arney, Bascom, Beery, Bixby, Blackmore, Bonwell, Brandes, Cassady, Conn, Corrie, Darrah, Dewell, Doran, Dow, Drury, Dunn, Dye of Decatur, Dye of Pottawattamie, Earle, Elliott, Feely, Pelt, Fenn, Flugum, Fox, Greenwood, Grier, Hack-ler, Hanna, Hanson, Harding, Harvey, Holmes, Hume, Inman, Jewell, Jones, Kelley, Kellogg, Lee, Lister, Lowrey, McAllister, McElrath, Maben, Mann, Marston, Mason, Mercer, Meredith, Moore, Morris, Nix, Paul, Reaney, Shaffer, Sheldon, Smith, Stillman, Stoltenberg, Swan, Teter, Van Houten, "Webster, Weiden, Wil­son, Youde—69.

Absent or not voting: Mr. Speaker—1.

Motion was lost, so the House refused to substitute the minority report.

CONSIDERATION OP BILLS.

Unanimous consent having been given on motion of Darrah of Lucas, House file No. 1, a bill for an act to amend the law as it ap­pears in Chapter Fifty-one (51) of the Acts of the Thirty-second General Assembly relating to the expression of choice of candidate for Senator in the Congress of the United States, with report of committee recommending passage as amended was taken up, con­sidered, and the report of the committee, with amendment, adopted.

Mr. Darrah moved that the rule be suspended, that the bill be considered engrossed and 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:

Allred, Anderson, Arney, Baird, Bascom, Bauman, Beery, Bix­by, Blackmore, Bonwell, Brandes, Cassady, Conn, Corrie, Darrah, Dewell, Dodds, Doran, Dow, Drury, Dunn, Dye of Decatur, Dye of Pottawattamie, Earle, Elliott, Feay, Feely, Felt, Fenn, Flu-gum, Fox, Geneva, Greenwood, Grier, Hackler, Hanna, Hanson, Harding, Harvey, Heles, Holmes, Hume, Inman, Jewell, Jones, Kelley, Lee, Lister, Lowrey, McAllister, McElrath, Maben, Mann,

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Marston, Mason, Mercer, Meredith, Moore, Morris, Nix, Offill, Paul, Pierce, Price, Reaney, Schoenenberger, Shaffer, Sheldon, Smith, Sparks, Stillman, Stoltenberg, Sullivan, Swan, Teter, Van Houten, Webster, Weeks, Weiden, White, Wilson, Youde, Mr. Speaker—83.

The nays were:

Balluff, Calkins, Clarke, Clary, Cottrell, DeMar, Hambleton, Kendall, Koontz, Kull, McDonald, Miller of Bremer, Miller of Dubuque, Reitz, Ritter, Schroeder, Schulte, Sidey, Springer, Stew­art, Swift, Wolfe—22.

Absent or not voting: Kellogg—1.

So the bill passed and the title was agreed to.

EXPLANATION OF VOTE.

I believe th is amendment to our pr imary law to be inadequate and undemocratic. I also realize our pr imary law needs some such emërgency amendment. Consequently I accept i t a s t he best we can get a t t h i s time. THOMAS GENEVA.

RESOLUTIONS.

Offill of Jasper presented the following concurrent resolution and moved that it be considered now:

CONCURRENT RESOLUTION.

ME. SPEAKEK—W'HEREAS, The present week should be deemed ample t ime in which to complete t he transaction of t h e business fo r which t h i s General Assembly was convened in extraordinary session, to-wit, t h e amending of t h e primary election law to the end tha t t h e voters b e given opportunity to fu r the r express the i r sentiments in t h e nominating a n d electing of a United States Senator, therefore be i t

Resolved, the Senate concurring, Tha t th i s House adjourn Friday, Sep­tember 11, 12 o'clock noon, 1908, unt i l November 16, 2 o'clock p. m., 1908, upon t ha t date to again convene—without expense t o t h e State—to ra t i fy t he choice of United States Senator which t h e people shall have made on t h e general election day of Tuesday, November 3rd, 1908.

Miller of Bremer presented the following substitute to the con­current resolution and moved its adoption.

6

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82 JOURNAL OP THE HOUSE. [Sept. 9,

Resolved, by the House of Representatives of the State of Iowa, the Senate concurring, That this special session of the Thirty-second General Assembly adjourn sine die at 4 o'clock p. m. on Thursday, September 10th, 1908.

Sparks of Wiappello moved to amend the substitute resolution, offered by striking out the words "Thursday, September Tenth" and inserting in lieu thereof the words and figures, "Friday, Sep­tember 11th. ' '

Amendment adopted.

Substitute concurrent resolution as amended was lost.

On the question, Shall the rules be suspended and the con­current resolution be considered now:

The yeas were:

Allred, Baird, Balluff, Bixby, Brandes, Calkins, Cassady, Clarke, Clary, Conn, DeMar, Dewell, Dodds, Dunn, Dye of Decatur, Dye of Pottawattamie, Earle, Elliott, Feay, Fox, Greenwood, Grier, Hambleton, Hanna, Harding, Harvey, Inman, Kellog, Kendall, Koontz, Kull, Lowrey, McAllister, McDonald, McElrath, Maben, Mann, Miller of Bremer, Miller of Dubuque, Moore, Morris, Nix, Offill, Paul, Pierce, Reaney, Reitz, Ritter, Schoenenberger, Schroe-der, Schulte, Sheldon, Sidey, Sparks, Springer, Stewart, Swan, Swift, Teter, Van Houten, "Wolfe, Mr. Speaker—62.

The nays were:

Anderson, Arney, Bascom, Bauman, Blackmore, Bonwell, Corrie, Cottrell, Darrah, Doran, Dow, Drury, Feely, Felt, Fenn, Flugum, Hackler, Hanson, Heles, Holmes, Hume, Kelley, Lee, Lister, Mar-ston, Mason, Mercer, Meredith, Price, Shaffer, Smith, Stilliuan, Stoltenberg, Sullivan, "Weeks, Weiden, "White, "Wilson, Youde—-39.

Absent or not voting: Beery, Geneva, Jewell, Jones, Webster —5.

So the motion to consider prevailed.

Swift of Shelby moved to amend the concurrent resolution by striking out all after the date "1908."

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On the question shall the amendment to the concurrent resolu­tion be adopted:

The yeas were :

Baird, Balluff, Bauman, Beery, Calkins, Clarke, Clary, Cottrell, DeMar, Dodds, Earle, Feay, Geneva, Hambleton, Heles, Kendall, Koontz, Kull, Lee, McDonald, Marston, Miller of Bremer, Miller of Dubuque, Pierce, Price, Reitz, Bitter, Schoenenberger. Schroed-er, Schulte, Sidey, Sparks, Springer, Stewart, Stillman, Swift, Teter, Weeks, Weiden, Wolfe, Mr. Speaker—42.

The nays were:

Allred, Anderson, Arney, Bascom, Bixby, Blackmore, Bon well, Brandes, Cassady, Conn, Corrie, Darrah, Dewell, Doran, Dow, Drury, Dunn, Dye of Decatur, Dye of Pottawattamie, Feely, Felt, Flugum, Fox, Greenwood, Grier, Hackler, Hanson, Harding, Har­vey, Holmes, Hume, Inman, Jewell, Jones, Kelley, Kellogg, Lister, Lowrey, McAllister, McElrath, Maben, Mann, Mason, Mercer, Meredith, Moore, Morris, Nix, Offill, Paul, Reaney, Shaffer, Shel­don, Smith, Stoltenberg, Sullivan, Swan, Van Houten, Webster, Wilson, Youde—61.

Absent or not voting: Elliott, Fenn, Hanna—3.

So the amendment was lost.

Moore of Linn moved to amend the concurrent resolution by striking out the words "without expense to the state."

Amendment adopted. .

Harding of Woodbury moved to amend the concurrent resolution by striking out the words "November 9th" and inserting "Novem- • ber 16th" in lieu thereof.

Amendment adopted.

On the question, Shall the concurrent resolution as amended be adopted :

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The yeas were:

Allred, Bixby, Brandes, Cassady, Conn, Dewell, Dow, Dunn, Dye of Decatur, Dye of Pottawattamie, Elliott, Greenwood, Ham-bleton, Harding, Harvey, Imnan, Kellogg, McAllister, McErlath, Mann, Moore, Nix, Offill, Paul, Sheldon, Swan, Teter, Mr. Speaker —28.

The nays were:

Anderson, Arney, Baird, Balluff, Bascom, Bauman, Beery, Blackmore, Bonwell, Calkins, Clarke, Clary, Corrie, Cottrell, Dar-rah, DeMar, Dodds, Doran, Drury, Earle, Peay, Feely, Felt, Fenn, Flugum, Fox, Geneva, Grier, Hackler, Hanson, Heles, Holmes, Hume, Jewell, Jones, Kelley, Kendall, Koontz, Kull, Lee, Lister, Lowrey, McDonald, Maben, Miarston, Mason, Mercer, Meredith, Miller of Bremer, Miller of Dubuque, Morris, Pierce, Price, Reaney, Reitz, Ritter, Schoenenberger, Schroeder, Schulte, Shaffer, Sidey, Smith, Sparks, Springer, Stewart, Stillman, Stoltenberg, Sullivan, Swift, Van Houten, "Webster, Weeks, Weiden, White, Wilson, Wolfe, Youde—77.

Absent or not voting: Hanna—1.

So the House refuses to adopt the concurrent resolution.

R E S O L U T I O N S I N M E M O R I A M .

Feely of Black Hawk presented the following resolution:

Ms. SPEAKER—Your committee appointed to present resolutions on the life, public character and service to the State and Nation of the late George W. Hayzlett, an honored member of the Twenty-flrst and Twenty-second General Assemblies of Iowa, beg leave to submit the following report:

"WHEREAS , the life and character of the said deceased were such as to command the love and esteem of his friends, neighbors and the community in which he lived so many years, and his service to his State and Nation entitles him to the respect and gratitude of his fellow citizens; there­fore be it

Resolved, That in his death the community in which he resided mourns the loss of an honest, patriotic citizen, and this State the loss of a useful, conscientious public servant.

Resolved, That in his death his family have been bereft of a kind and affectionate father and husband, and we hereby extend to the widow and children our sincere sympathy in this, their great affliction, and that the

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Clerk of this House hereby is instructed to mail a n engrossed copy of these resolutions to the family of the deceased, and to enter t h e same upon the Journal of the House.

G U T A . F E E L Y .

J . F . M O B B I S .

T I M C . C L A B Y .

Adopted.

Also:

MB. SPEAKER—Your committee appointed to draf t resolutions com­memorative to the life, character and public service of D: F . Hoover respectfully submit the following report:

W H E R E A S , D . F . Hoover, a n honored member of this House i n the Twenty-fourth and Twenty-fifth General Assemblies, and a most highly respected citizen where he has lived, passed from his earthly labors on the 4th day of April, 1908, a t his home a t Long Beach, California;

W H E R E A S , the life and character of the deceased were such as to entitle him to the respect and esteem of all who knew him, and his services t o the State and Nation were of such a character as to command t h e con­fidence and gratitude of his fellow citizens, therefore be i t

Resolved, That in the death of this patriotic citizen and Legislator this State has lost an influential and upright citizen, his family i s bereft of a kind and loving husband, his friends of an honest and esteemed man.

Resolved, That we extend to his family and those nearest t o him, whose sorrow is so much greater, our sincere sympathy in their sorrow and affliction, and the Clerk of the House is hereby instructed to t ransmit a n engrossed copy of these resolutions to the bereaved family and enter the same upon the Journal of the House.

G U Y A . F E E L Y .

A . C . B L A C K M O R E .

C . W . M I L L E S .

Adopted.

Also:

Hambleton of Mahaska presented the following resolutions:

T o T H E H O U S E O F REPRESENTATIVES OF T H E T H I B T Y - S E C O N D G E N E R A L

A S S E M B L Y , E X T R A S E S S I O N :

Your committee appointed by the House to draf t a statement and resolutions relative to the life of the Honorable Joseph H. Evans, deceased, report:

Hon. Joseph H. Evans, who passed from earth on July 9th, 1908, was born in 1822, in Maryland, being left an orphan a t the age of four years; was educated in Baltimore, preparing himself for a teacher, emi­grating to Indiana first, and then in 1852 to Iowa, locating i n Jones

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86 JOURNAL O F THE HOUSE, [Sept. 8,

County, where, while commencing the study of law, he heard and responded to the call of our martyred President Lincoln for "six hundred thousand more," enlisting in t h e celebrated regiment commanded by Colonel William Smythe, known a s t he "Hawkeye Hounds" because they marched so far , fought so well and never tired, the regiment being assigned t o t he Fifteenth Army Corps, under command of General Sher­man. Enrolling as a private, within three months he received the com­mission of Captain of Company "G," in which h e enlisted and f rom which h e was mustered out a t Louisville, Kentucky, on June 27th, 1865. H e was commissioned to take eighteen hundred cattle to General Thomas, and therefore missed being with his command in the celebrated march through Georgia, but participated i n many notable battles, among which were the battles of Atlanta and Jonesboro, and was with his company in the great parade of Grant's and Sherman's victorious armies in Wash­ington, D. C., on May 23rd and 24th, 1865.

Becoming a resident of Mahaska County and a farmer in 1869, h e served faithfully h i s State as Representative in t he Eighteenth General Assembly of Iowa, and later h i s County two terms as member of the Board of Supervisors. He introduced the bill enacted into law creating the first Mine Inspector of Iowa. H e belonged to t he Masonic Fraterni ty and G. A. R. Post.

H e leaves a wife, one son and two daughters to revere the memory of a long and useful career.

Resolved, That in h i s death we recognize the loss of a loving parent and valued soldier, a sturdy pioneer, a good neighbor, a n honored official and a n upright, honest, industrious, highly patriotic citizen of sterling character.

Resolved, Tha t these resolutions be entered in the Journal of th i s House and that a n engrossed copy be furnished h is family by the Chief Clerk.

A . F . N . H A M B L E T O N ,

J O H N M C A L L I S T E R ,

G . H . S C H U L T E ,

Committee on part of the House.

Adopted.

Also:

T o T H E H O U S E O F R E P R E S E N T A T I V E S O F T H E T H I R T Y - S E C O N D G E N E R A L

A S S E M B L Y , E X T R A S E S S I O N :

Report of your committee appointed on the par t of t he House to d r a f t suitable resolutions on the life, character and public services of t he late Honorable Andrew Jackson Jewell, who passed f rom earth on May 14, 1908:

H e was born in Ohio February 14, 1830; was a resident of Iowa fifty-three years, and was a member of t he regiment of Union soldiers tha t became famous in history a s t he "Squirrel Hunters."

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His occupation was that of an active and successful stock raiser, being extensively engaged in raising fine sheep, and a practical farmer in every -way.

As an ardent Republican in politics he was elected and faithfully rep­resented his constituency in the Twenty-third General Assembly of Iowa. As an old pioneer, a successful business man, an agriculturist, a consci­entious Legislator and a faithful friend and neighbor h e lived a n hon­orable life and died a triumphant death, leaving a wife, two sons and a host of friends to mourn his passing and cherish his memory.

Resolved, That in his death we have lost a n honorable, upright and faithful man.

Resolved, That these resolutions be entered in the Journal of t he House and tha t an engrossed copy be furnished the family of t he deceased by the Chief Clerk.

A . F . N . H A M B L E T O N ,

T . C . C L A B Y ,

J . H . L O W R E Y ,

Committee on part of the House.

Adopted.

Also:

T o T H E S E N A T E AND H O U S E O F REPRESENTATIVES O F T H E T H I B T Y - S E C O N D

G E N E R A L A S S E M B L Y , E X T R A S E S S I O N :

Report of joint committee appointed on the part of t he Senate and House in accordance with the concurrent resolution adopted by t he House and Senate, relative to memorial resolutions as to t he life of t he Honorable Lucien C. Blanchard, who died March 1st, 1908.

Born a t Diana, Lewis County, New York, April 15, 1839, he was reared on a farm and received his early education in the country schools. At the age of seventeen he started for the West, stopping a t Mt. Morris, Illinois, where he continued his studies and taught school, combining also his work with the study of law. He was attracted to Colorado, but remained only one year, when he located a t Newton, Iowa, and continued his teaching and study of law. He offered his services as a soldier i n the Union Army, becoming a member of Company "K," Twenty-eighth Iowa Volunteers, and served about one and one-half years, engaging in the conflict a t Fort Gibson, Champion Hills and the siege and capture of Vicksburg. He was discharged with his regiment a t New Orleans. Coming north to Illinois again, he taught school, pursued his law course and graduated in the University of Michigan Law Department with honors in 1866.

Starting in practice in Montezuma, Iowa, and being elevated to t he bench as Judge of the Circuit Court, he was continuously a n honorable and distinguished Judge for the period of seventeen years. I n 1885 h e located in Oskaloosa, opening a law office, and was a most successful and brilliant practitioner during the balance of his life, excepting t he t ime occupied a s a member of the General Assembly of Iowa. Elected a s

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88 JOURNAL OF THE HOUSE. [Sept. 9,

Representative of the Twenty-fifth General Assembly, and chosen State Senator for the Twenty-sixth, Twenty-sixth Extra, Twenty-seventh, Twenty-eighth and Twenty-ninth sessions, being a member of the Code Commission of 1897, he took a most important part in the legislation of this State and acquitted himself with great honor and able statesman­ship. He was President of the Iowa Bar Association and member of the International Congress of Law, Vice Commander of the Iowa Depart­ment of the G. A. R., Grand Orator and Grand Treasurer of the Iowa Grand Lodge of Masons, associate editor of the Masonic Digest and a member of the Iowa Vicksburg National Commission.

A man widely known and highly honored, and ever respected as having a n unimpeachable character. Married three times, he leaves, as the children of his first wife, one daughter and one son who honor his highly cherished memory, besides his widow. He was deliberate, con­servative, reserved, dignified, but condescending and sympathetic, active, fearless in controversy, sharp with sarcasm but ever tactful and thor­oughly successful.

Resolved, That in the loss of this most highly honored citizen the family lose a faithful parent and husband, the community an enterpris­ing and influential citizen, the legal fraternity a brilliant jurist and practitioner, the State a notable statesman and the country a patriot who has left a lasting impress through his life's work upon the page of history.

Resolved, That these resolutions be entered in the Journals of the Senate and House, respectively, and each member of the family furnished an engrossed copy by the Secretary and Chief Clerk.

A . F . N . HAMBLETON,

H . L . PIERCE,

D. W. Dow, W . G . JONES,

C . J . H . ERICSON,

Joint Committee of Senate and House.,

Adopted.

Remarks of Hambleton of Mahaska, on the life and character of the late Hon. Lucien C. Blanchard:

M B . S P E A K E R — I n the adoption of these memorial resolutions presented we are reminded again not only of the inevitable end of all men, but that our bravest and best are being piloted across the dark stream by the silent boatman. Here are three men, within four months' time, who have taken their journey to the Great Beyond. Their lives have all been notable. I have known these men from boyhood. They were all personal friends, and in their passing I cannot but feel the personal as well as the public loss sustained. All of them started in life as poor boys, met the stern realities and hardships incident to pioneer life and by dint of toil, determined effort and faithful, honest service attained to positions of respect and high esteem among their fellowmen. They had positions

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of high honor and distinction conferred upon them. They were each a splendid illustration of the possibilities of a self-made man. They knew not the taste of the bread of idleness. They cultivated their talents also, and left as their most enduring memorial sturdy characters, inflexible to duty and unswerving in integrity. All were Republicans of consistent and conscientious type. Each responded to his country's call and was valient, patriotic, heroic and entitled to a high place among our Nation's heroes of the Civil War.

Judge Blanchard's was a most distinguished life and occupies a most important place in the history of our State. In jurisprudence and in important legislation, and in the most prominent social and fraternal organizations of Iowa, he occupied a place in the front rank of i ts most intellectual and highly honored citizens.

Captain Evans in his early life followed the rough, rugged road of . hardship, but by his indomitable will he came out conqueror.

Comrade Jewell attained to a position of respect and high esteem among his fellow men and was known and trusted as a faithful, consci­entious man.

All have left a priceless heritage in their fulfillment of the t rue spirit of American citizenship. These good men have passed to their reward. L^t the star of hope dispel our gloom in the comforting thought tha t to each of them "The welcome will sound in the heavenly world ere the farewell sounds in this."

Price of Warren presented the following resolutions;

MB. SPEAKER—Your committee appointed on the part of the House to draft suitable resolutions on the life, character and public services of the Honorable Mark A. Dashiell of Indianola, Warren County, Iowa, respect­fully submit the following report:

Mark A. Dashiell was born a t Moore's Hill, Dearborn County,-Indiana, October 7, 1826, and was one of a family of fifteen children, two brothers surviving him. Doctor Dashiell graduated from Indianapolis High School and finally from the Medical College of Indianapolis, and practiced medi­cine two years in his native County. He moved to Iowa in 1853, locating a t Hartford, Warren County. He was united in marriage to Miss Louisiana Noble, daughter of Doctor Noble of Indianapolis. Doctor Dashiell left surviving him his wife and two daughters, Mrs. Suel J . Spaulding of Des Moines and Mrs. F. S. Burberry of Indianola, Iowa. He was a member of the Presbyterian Church a t Hartford in his early life, and later of the Presbyterian Church of Indianola, of which church he was a liberal supporter and faithful member a t the time of his death. Doctor Dashiell resided in Warren County for more than fifty years,

• practicing medicine the entire time. He had held many places of public trust and honor, having been a member of the Board of Pension Exam­iners since 1863, when he was appointed by Abraham Lincoln. He was active in political life. Men of all parties loved and honored him regard­less of his political faith. He served as Representative in the Twelfth General Assembly and in 1872 was elected to the State Senate, serving four years, and was re-elected in 1878 for a second term. He was again

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90 JOURNAL OF THE HOUSE. [Sept. 9,

called upon to represent his Count-y In the House of Representatives in the Thirtieth and Thirty-first General Assemblies. He was always trusted and honored by his fellow lawmakers, was placed on important committees and was chairman of the committee which presented the prohibition amendment to the Legis­lature. During his public life he had served for ten years as a Trustee of the State Industrial Schools, which he was largely instrumental in estab­lishing. He was a prominent member of the Pioneer Lawmakers' Associ­ation, besides being a trusted public servant, for which he had obtained the highest respect and esteem of his fellow citizens. He was a good private citizen, clean and trustworthy, and his private life was above reproach. He departed this life July 3, 1907.

Resolved, By the House, That we owe to the late Doctor Mark A. Dashiell a debt of gratitude for the public services and trust tha t he has performed to the State which can never be paid, and that in the death of this patriotic citizen the State has lost an honored and influential and upright man.

Resolved further, That these resolutions be entered upon the Journal of the House and that an engrossed copy be presented to the family of the deceased by the Clerk of this House.

J A S . H . J A M I S O N ,

C . J . A . E B I C K S O N ,

Committee of the Senate. C L I N T L . P E I C E ,

E . W . W E E K S ,

G . H . V A N H O U T E N ,

Committee of the House.

Adopted.

Paul of Jones presented the following Joint .Resolution :

H O U S E J O I N T R E S O L U T I O N N O . 1 .

Joint Resolution of the Thirty-second General Assembly of the State of Iowa, making application to the Congress of the United States to call a convention for proposing amendments to the Constitution of the United States.

W H E B E A S , We believe that Senators of the United States should be elected directly by the voters; and

W H E R E A S , T O authorize such direct election a n amendment to the Constitution of the United States is necessary; and

W H E R E A S , The failure of Congress to submit such amendment to the States has made it clear that the only practicable method of securing" submission of such amendment to the States is through a Constitutional Convention to be called by Congress upon the application of the Legis­latures of two-thirds of all the States; therefore

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Be It Resolved by the General Assembly of the State of Iowa:

SECTION 1. That the Legislature of the State of Iowa hereby makes application to the' Congress of the United States, under Article V of the Constitution of the United States, to call a Constitutional Convention for proposing amendments to the Constitution of the United States.

SEC. 2. That this resolution, duly authenticated, shall be delivered forthwith to the President of the Senate and Speaker of the House of Kepresentatives of the United States, with the request that the same shall be laid before the said Senate and House.

Yan Houten of Taylor moved that the Resolution be referred t o the Thirty-third General Assembly.

Grier of Poweshiek moved that a committee be named to not i fy the senate tha t the House is ready to receive i t

Motion prevailed.

Speaker named as such committee Grier of Poweshiek, Offill of Jasper, and DeMar of Davis.

Committee returned and reported that they liad so acted.

Sergeant-at-arms announced the arrival o í the members of the Senate, who took places on the west side of the House Chamber.

J O I N T CONVENTION.

Joint convention was called to order b y Lieutenant Governor Garst, President of the joint convention a t 12 o'clock noou.

The roll call disclosed the following members of the Senate and House in their seats.

Allen, Allred, Anderson, Arney, Baird, Balluff. Bascom, Bau-inan, Beery, Bixby, Blackmore, Bleakly, Bonwell, Brandes, Bruce, Burgess, Calkins, Cassady, Clark, Clarke, Clary, Conn, Corrie, Cot-trell, Darrah, DeArmand, DeMar, Dewell, DeWolf, Dodds, Doran, Dow, Dowell, Drury, Dunn, Dunham, Dye of Decatur, Dye of Pot­tawattamie, Earle, Eckles, Elerick, Elliott, Ericson, Peay, Feely, Felt, Fenn, Flugum, Foley, Fox, Frudden, Gale, Geneva, Gillilland, Greenwood, Grier, Hackler, Hambleton, Hanna, Hanson, Hard­ing, Harvey, Heles, Holmes, Hopkins, Hughes, Hume, i D m a n ,

Jackson, Jamison of Clarke, Jamieson of Page, Jewell, Jones of Mahaska, Jones of Montgomery,/ Kelley, Kellogg, Kendall ,Kim-mel, Kinne, Koontz, Kull, Lambert, Lee, Lister, Lowrey, McAllister,

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McDonald, McElrath, McKlveen, McManus, Maben, Mann, Mar­atón, Mason, Mattes, Maytag, Mercer, Meredith, Miller of Bremer, Miller of Dubuque, Moon, Moore, Morris, Newberry, Nichols, Nix, Offill, Paul, Peterson, Pierce, Price, Reaney, Reitz, Ritter, Saunders, Schoenenberger, Schroeder, Schulte, Seeley, Shaffer, Sheldon, Siàey, Smith of Des Moines, Sm¡th of Mitchell, Smith

of Wright, Sparks, Springer, Stewart, StUlman, Stiften, Stolten­berg, Stookey, Stuckslager, Sullivan, Swan, Swift, Taylor, Teter, Turner, Van Houten, Wade, Warren, Webster. Weeks. Weiden, Whipple, Whiting, White, Wilson of Tama, Wilson of Fayett«, Wilson of Clinton, Wolfe, Youde, Young, Mr. Speaker-—155.

President Garst declared the joint convention duly organized, with a quorum of members present.

The Chief Clerk of the House then proceeded to read that pa r t of the Journal of the House f o r Tuesday, September 8, 1908, pertaining to the vote for United States Senator in Congress.

The Secretary of the Senate then proceeded to read that par t of the Journal of the Senate fo r Tuesday, September 8, 1908, pertaining to the vote fo r United States Senator in Congress.

From the reading of the Journals, i t appeared that on Tuesday, September 8, 1908, the Senate and House of Represente tives bal :

lotted separately for United States Senator in Congress, with the following result :

I N THE SENATE.

Albert B. Cummins received—21. Claude R. Porter received—14. Walter I . Smith received—4. Joseph R. Lane received—4. Frank D. Jackson received—3. William Larrabee received—1. George D. Perkins received—1. Warren Garst received—1.

I N THE HOUSE.

Albert B. Cummins received—43. Claude R. Porter received—31. Walter I . Smith received—12. A. B . F u n k received—5.

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John F . Lacey received—2. W. P . Hepburn received—2. Geo. W. Clarke received—1. G. N. Haugen received—1. Albert F . Dawson received—1. James H. Trewin received—1. Geo. D. Perkins received—1. Joseph R. Lane received—1. Wm. Larrabee received—1. A. J . Baker received—1.

Senator Smith of Mitchell in nominating Albert B. Cummins said: Speaking in the name of the Republicans o i the Thirty-second General Assembly meeting in a regular J y callcd caucus held September 4th, I desire tö place in nomination as a candi­date for election to the office of Senator in the Congress of the United States the nominee of such caucus, our Govevnor, the Hon. A. B. Cummins.

Senator Gillilland nominated Walter I. Smith for Senator, in Congress of the United States.

Senator Lambert nominated Claude R. Porter for Senator in Congress of the United States.

Roll call ordered by the President.

Those voting for Albert B. Cummins were:

Allen, Anderson, Arney, Bascom, Blackmore, Bomvcll, Bruce, Burgess, Clark of Poweshiek, Conn, Corrie, Darrah, Doran, Dowell, Drury, Eckles, Bricson, Feely, Felt, Fenn. Flu»urn, Grier, Hackler, Hanson, Holmes, Hopkins, Hughes, Hume, Jewell, Jones, of Montgomery, Kelley, Kimmel, Kinne, Lee, Lister, Lowery, Maben, Marston, Mason, Mattes, Maytag, Mercer, Meredith, Mor­ris, Newberry, Peterson, Saunders, Shaffer, Smith of Mitchell, Smith of "Wright, Stillman, Stoltenberg, Sullivan, Teter, Turner, Van Houten, Warren, Webster, Weeks, Weiden, White, Wilson of Tama, Wilson of Fayette, Youde, Young. Mr. Speaker—66.

Those voting for Claude R. Porter were:

Baird, Balluff, Bauman, Calkins, Clarke of Jefferson. Clary, Cottrell, DeArmand, DeMar, DeWolf, Dodds, Earle, Feay, Foley,

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Frudden, Geneva, Heles, Jamiéson of Page, Kendall of Clinton. Koontz, Kull, Lambert, McDonald, McManus, Miller of Bremer, Miller of Dubuque, Moon, Pierce, Price, Reitz, Ritter. Sfihoenen-berger, Schroeder, Schulte, Sidey, 'Smith of Des Moines, Sparks, Springer, Stewart, Stirton, Swift, Taylor, Wade, "Whiting, Wil­son of Clinton, Wolfe—46.

Those voting for Walter I. Smith were:

Bixby, Brandes, Cassady, Dewell, Dunn, Dunham, Dye of Deca- v

tur, Dye of Pottawattamie, Elerick, Elliott, Gillilland, Greenwood, Hanna, Kellogg, McAllister, McKlveen, Moore, Nix, Sheldon, Stookey—20.

Those voting for A. B. Funk were:

Allred, Harding, Harvey, Inmaii—4.

Those voting for-Joseph R. Lane were: Jamison of Clarke, Stuckslager, Whipple—3.

Those voting for John F. Lacey were: Hambleton, Jones of Mahaska, Offill—3.

Those voting for Warren Garst were: Beery, Seeley—2.

Those voting for G. W. Clarke were : Dow, Fox—2.

Those voting for George M. Curtis were: Bleakly, Nichols—2. — 2 .

Those voting for George M. Curtis were: Bleakly, Nichols—2.

Those voting for Wm. Larrabee were: Gale, Reaney—2.

Those voting for F. D. Jackson were: Paul—1.

Those voting for A. J . Baker were: Swan—1.

Those voting for W. P. Hepburn were : Mann—1.

The President announced that no candidate had received a ma­jority of all the votes cast by the joint convention for the office of Senator in the Congress of the United States.

On motion of Senator Dunham of Delaware the Joint conven­tion adjourned.

The House reconvened.

Speaker Kendall in the chair.

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R E P O R T O P C O M M I T T E E .

Grier of Poweshiek presented the fol lowing report:

ME. SPEAKER—Your committee appointed to fix the amount of mileage due each member submits the following supplemental report:

NAME. No. of Miles. Amt. O. H. Holmes 125 $12.50

J N O . M C A L L I S T E R ,

S I M O N M I L L E B ,

G E O . E . G R I E R ,

Committee.

We recommend that such mileage be duly certified. G E O . E . G R I E R ,

Chairman.

Passed o n file.

O n motion of V a n Houten of Taylor the House adjourned till 1 0 o'clo'k tomorrow morning.

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96 JOURNAL OP THE HOUSE. [Sept. 10,

JOURNAL OF THE HOUSE

H A U , OF THE HOUSE OF REPRESENTATIVES,

D E S MOINES, IOWA, September 1 0 , A . D . 1 9 0 8 .

House met pursuant to adjournment.

Speaker pro tern. Hambleton in the chair.

Prayer was offered by the Rev. Joshua Jester of Des Moines.

Journal of "Wednesday, September 9th, corrected and approved.

Consideration of House Joint Resolution No. 1 was resumed.

Van Houteii of Taylor raised the point of order that the Reso­lution was not up for consideration at this time as it has been acted upon at the last regular session.

Point of order sustained by the Speaker.

REPORT O F COMMITTEE.

Darrah of Lucas, from the Special Committee on Elections, sub­mitted the following report:

M E . SPEAKER: Your Special Committee on Elections, to whom was referred House File No. 2, a bill for an act providing for the nomination of United States Senators by a primary vote at the regular general elec­tion, beg leave to report that they have had the same under consideration and have instructed me to report the same back to the House with the recommendation that the same be indefinitely postponed.

J . H . DARBAH,

Chairman.

Adopted, so the bill was indefinitely postponed.

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1908.] JOURNAL O F T H E HOUSE. 97

Darrah of Lucas, from the Special Committee on Elections, submitted the following report:

M B . S P E A K E R : Your Special Committee on Elections, t o whom was re­ferred House F i l e No. 4, a bill f o r a n ac t providing fo r t h e nominat ion of candidates f o r Senator i n t h e Congress of t h e United Sta tes b y di rect vote of t he qualified electors of t h e State of Iowa, beg leave t o repor t t h a t they have had t h e same under consideration and have inst ructed me. to report t h e same back t o t h e House wi th t h e recommendation t h a t t h e same be indefinitely postponed.

J . H . D A B B A H ,

Chairman.

Adopted, so the bill was indefinitely postponed.

Grier of Poweshiek moved that the Supplemental Report of the Committee on Mileage be adopted.

Motion prevailed and report adopted.

RESOLUTIONS I N MEMORIAM.

Pierce of Buena Yista presented the following resolution :

M R . S P E A K E R : Your committee appointed t o d r a f t resolutions of re­spect to t he memory óf t he Honorable William H . Hickey respectfully submit t h e following:

W H E R E A S , T h e Honorable William H. Hickey, a n honored member of t h e Thirty-second General Assembly f r o m Cherokee County, departed t h i s l i f e on t h e 30th day of January , 1908, and,

W H E R E A S , T h e l i fe and character of t he deceased was such t h a t i t should command our respect and esteem; therefore,

Be It Resolved, T h a t i n h i s death th is General Assembly loses t h e great benefit of h i s sound counsel, t h e State and t h e community i n which h e lived loses a valued citizen, and h i s family t h e guidance óf a k ind and loving husband and fa ther , and t h a t we, t h e representatives of t h i s State, in special session assembled, instruct t h a t these resolutions b e printed in t h e journal of t he House and t h a t a copy of t h e same be sent by our chief clerk to t h e family of t he deceased.

H . L . PIERCE,

W . C . E A B L E ,

C H A S . YOUDE.

Adopted.

7

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98 JOURNAL, OF THE HOUSE. [Sept. 10,

Sidey of Adaîr presented the following resolution:

M E . SPEAKER : Your committee appointed to draft resolutions in re­spect to the memory of the late Hon. K. R. Madden respectfully submit the following:

W H E R E A S , The Hon. K . R . Madden, an honored member of the Twenty-seventh General Assembly from Adair county, departed this life April 2nd, 1906;

W H E R E A S , The life and character of the deceased were such as to com­mand our respect and esteem, and his services to the community in whch he lived were such as to commend him to the respect and gratitude of his fellow citizens; therefore, be i t

Resolved, That we extend to the sorrowing wife our sympathy in her affliction, and that a copy of the resolutions be entered on the Journal of the House, and the Chief Clerk be instructed t a send a copy to the family of the deceased.

E . J . SIDEY,

J . W . STEWART,

B. T. Nix. Adopted.

CONCURBENT BESOLUTIONS.

Bixby of Delaware presented the following concurrent resolu­tion, and moved that the rules be suspended and the resolution adopted.

Be It Resolved l>y the Bouse, the Senate concurring, That 3,000 copies of the remarks of the members made a t the Allison memorial services on Tuesday, September 8th, be printed and bound in pamphlet form and that 2,000 copies be furnished to members of this General Assembly and that 1,000 copies be distributed by the Secretary of State.

Motion prevailed and the concurrent resolution, adopted.

Miller o f Bremer presented the following concurrent resolution and moved i t s adoption :

Resolved, by the House of Representatives of Iowa, the Senate con­curring, That the special session of the Thirty-second General Assembly adjourn sine die on Thursday, September Tenth, Nineteen Hundred Eight, a t three o'clock p. m.

White of Story moved as a substitute that the consideration of adjournment be made a special order f o r 3 o'clock this afternoon.

Motion prevailed, and substitute adopted.

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1908.] JOURNAL OF THE HOUSE. »9

In pursuance to the Speaker's order, the roll was called and dis­closed the following members in their seats :

Allred, Anderson, Arney, Baird, Balluff, Bascom, Batiman, Beery, Bixby, Blackmore, Bonwell, Brandes, Calkins, Cassady, Clarke, Clary, Conn, Corrie, Cottrell, Darrah, DeMar, Dewell, Dodds, Doran, Dow, Drury, Dunn, Dye of Decatur, Dye of Potta­wattamie, Earle, Elliott, Peay, Feely, Felt, Fenn, Flugum, Fox, Geneva, Greenwood, Grier, Hackler, Hambleton, Hanna, Hanson, Harding, Harvey, Heles, Holmes, Hume, Inman, Jewell, Jones, Kelley, Kellogg, Kendall, Koontz, Kull, Lee, Lister, Lowrey, McAl­lister, McDonald, McElrath, Maben, Mann, Marston, Mason, Mercer, Meredith, Miller of Bremer, Miller of Dubuque, Moore, Morris, Nix, Offill, Paul, Pierce, Price, Reaney, Reitz, Ritter, Schoenenberger, Schroeder, Schulte, Shaffer, Sheldon, Sidey, Smith, Sparks, Springer, Stewart, Stillman, Stoltenberg, Sullivan, Swan, Swift, Teter, Van Houten, Webster, Weeks, Weiden, White, Wilson, Wolfe, Youde.

Kellogg of Harrison moved that the House take a recess until 11:55 o 'clock this morning.

Motion prevailed.

House reconvened at 11:55 o'clock.

Speaker pro tern. Hambleton in the chair.

McAllister of Linn presented the following Concurrent Resolu­tion and moved that the rules be suspended and the resolution adopted :

CONCURRENT RESOLUTION.

Resolved by the House, the Senate concurring, That the memorial résolutions introduced in both Senate and House during the special ses­sion o í the Legislature be printed in pamphlet form and five copies be sent to each member of the Senate and House.

Motion was lost.

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100 JOURNAL OF T H E HOUSE. [Sept. 10,

Weeks of Guthrie moved that the Committee on Enrolled Bills at the former session serve in the same capacity in this session.

Motion prevailed.

Swift of Shelby moved that a committee of two be named to notify the Senate that the House is now ready to receive it.

Speaker named as such committee Swift of Shelby and Yan Houten of Taylor.

Committee returned and reported that they had so acted.

MESSAGES FROM T H E SENATE.

The following messages were received from the Senate :

M B . S P E A K E B : I am directed to inform your honorable body tha t the Senate has amended and passed the following bill in which the con­currence of t he Senate was asked:

House File No. 1, a bill for an act to amend the law a s i t appears in Chapter Fifty-one (51) of the Acts of t he Thirty-second General As­sembly relating to t he expression of choice of candidates for Senate in t h e Congress of the United States.

G E O . A . N E W M A N ,

Secretary.

Also :

M B . S P E A K E R : I a m directed to inform your honorable body t ha t the Senate has passed the following bill in which t h e concurrence of t he House is asked:

Senate File No. 3, a bill for an act providing for t he publication and distribution of t he acts of the extraordinary session of the Thirty-second General Assembly.

GEO. A . N E W M A N ,

Secretary.

Sergeant-at-arms announced the arrival of the members of the Senate, who took places on the west side of the House Chamber.

J O I N T CONVENTION.

Joint convention was called to order by Lieutenant Governor Garst, President of the joint convention, at 12 o'clock, noon.

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1908.] JOURNAL OF THE HOUSE. 101

The roll call disclosed the following members of the Senate and House in their seats :

Allen, Allred, Anderson, Arney, Baird, Balluff, Bascom, Bau-man, Beery, Bixby, Blackmore, Bleakly, Bonwell, Brandes, Bruce, Burgess, Calkins, Cassady, Clarke, Clark, Clary, Conn, Corrie, Cottrell, Darrah, DeArmand, DeMar, Dewell, DeWolf, Dodds, Doran, Dow, Dowell, Drury, Dunn, Dunham, Dye of Decatur, Dye of Pottawattamie, Earle, Eckles, Elerick, Elliott, Ericson, Feay, Feely, Felt, Fenn, Flugum, Foley, Fox, Frudden, Gale, Ge­neva, Gillilland, Greenwood, Grier, Hackler, Hambleton, Hanna, Hanson, Harding, Harvey, Heles, Holmes, Hopkins, Hughes, Hume, Inman, Jackson, Jamison of Clarke, Jamieson of Page, Jewell, Jones of Mahaska, Jones of Montgomery, Kelley, Kellogg, Kendall, Kimmel, Kinne, Koontz, Kull, Lambert, Lee, Lister, Lowrey, Mc­Allister, McDonald, McElrath, McKlveen, McManus, Maben, Mann, Marston, Mason, Mattes, Maytag, Mercer, Meredith, Miller of Bremer, Miller of Dubuque, Moon, Moore, Morris, Newberry, Nich­ols, Nix, Offill, Paul, Peterson, Pierce, Price, Reaney, Reitz, Saun­ders, Schoenenberger, Schroeder, Schulte, Seeley, Shaffer, Sheldon, Sidey, Smith of Des Moines, Smith of Mitchell, Smith of Wright, Sparks, Springer, Stewart, Stillman, Stirton, Stoltenberg, Stookey, Stuekslager, Sullivan, Swan, Swift, Taylor, Teter, Turner, Van Houten, Wade, Warren, Webster, Weeks, Weiden, Whipple, Whit­ing, White, Wilson of Tama, Wilson of Fayette, Wilson of Clinton, Wolfe, Youde, Young—154.

President Garst declared the Joint Convention duly organized with a quorum of members present.

The Joint Convention then proceeded to ballot for United States Senator in Congress.

Those voting for Albert B. Cummins were :

Allen, Anderson, Arney, Bascom, Blackmore, Bonwell, Bruce, Burgess, Clark, Conn, Corrie, Darrah, Doran, Dewell, Drury, Eck­les, Ericson, Feeley, Felt, Fenn, Flugum, Grier, Hackler, Hanson, Holmes, Hopkins, Hughes, Hume, Jewell, Jones of Montgomery, Kelley, Kimmel, Kinne, Lee, Lister, Lowrey, Maben, Marston, Ma­son, Mattes, Maytag, Mercer, Meredith, Morris, Newberry, Peter­son, Saunders, Shaffer, Smith of Mitchell, Smith of Wright, Still-

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102 JOURNAL OP THE HOUSE. [Sept. 10,

man, Stoltenberg, Sullivan, Teter, Turner, Van Houten, Warren, White, Wilson of Tama, Wilson of Fayette, Youde, Young—65.

Those voting for Claude R. Porter were:

Baird, Balluff, Bauman, Calkins, Clarke, Clary, Cottrell, De-Armand, DeMar, DeWolf, Dodds, Earle, Feay, Foley, Frudden, Geneva, Heles, Jamieson of Page, Kendall, Koontz, Kull, Lambert, McDonald, McManus, Miller of Bremer, Miller of Dubuque, Moon, Pierce, Price, Reite, Ritter, Schoenenberger, Schroeder, Schulte, Sidey, Smith of Des Moines, Sparks, Springer, Stewart. Stirton, Swift, Taylor, Wade, Whiting, Wilson of Clinton, Wolfe—46.

Those voting for Walter I. Smith were:

Bixby, Brandes, Dewell, Dunn, Dye of Decatur, Dye of Potta­wattamie, Elerick, Elliott, Gillilland, Greenwood, Hanna, Harvey, Jackson, Kellogg, McKlveen, Mann—16.

Those voting for George W. Clarke were:

Allred, Cassady, Dow, Fox, McElrath, Moore, Nix, Sheldon—8.

Those voting for Warren Garst were :

Beery, Paul, Seeley, Whipple—i

Those voting for Geo. N. Curtis were:

Bleakly, Nichols—2. .

Those voting for James H. Trewin were:

Dunham, McAllister—2.

Those voting for William H. Larrabee were:

Gale, Reaney—2.

Those voting for John F . Lacey were :

Hambleton, Jones of Mahaska, Offill—3.

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1908. ] JOURNAL OF THE HOUSE- 103

Those voting for Frank D. Jackson were:

Jamison of Clarke, Stookey—2.

Those voting for A. B. Funk were:

Harding, Inman—2.

Those voting for A. J . Baker were :

Swan—1.

Those voting for Joseph R. Lane were :

Stuckslager—1.

The President announced that no candidate had received a majority of all the votes cast by the Joint Convention for the office of Senator in the Congress of the United States.

On motion of Senator Allen the Joint Convention dissolved.

House reconvened.

Speaker pro tern. Hambleton in the chair.

CONSIDERATION OF BIIjLS.

On motion of "Weeks of Guthrie, House File No. 1. a bill for an act to amend the law as it appears in Chapter Fifty-one (51) of the Acts of the Thirty-second General Assembly relating to the holding of party primary elections for the expression of choice of candidate for Senator in the Congress of the United States, with Senate amendments, was taken u p and the amendments read and considered.

Darrah of Lucas moved that the House concur in the Senate amendments.

On the question, "Shall the House concur?"

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1 0 4 J O U R N A L O F - T H E H O U S E . [ S e p t . 1 0 ,

The yeas were :

Allred, Anderson, Arney, Baird, Bascom, Bauman, Beery, Bixby, Blackmore, Bonwell, Brandes, Cassady, Clarke, Clary, Conn, Cor-rie, Cottrell, Darrah, DeMar, Dewell, Dodds, Doran, Dow, Drury, Dunn, Dye of Decatur, Dye of Pottawattamie, Earle, Elliott, Feay, Feeley, Felt, Fenn, Flugum, Fox, Geneva, Greenwood, Grier, Hack-ler, Hambleton, Hanna, Haflson, Harding, Harvey, Heles, Holmes, Hume, Inman, Jewell, Jones, Kelley, Kellogg, Kendall, Lee, Lister, Lowrey, McAllister, McDonald, McElrath, Maben, Mann, Marston, Mason, Mercer, Meredith, Miller of Dubuque, Moore, Morris, Nix, Offill, Paul, Pierce, Price, Reaney, Reitz, Ritter, Schoenenberger, Schroeder, Shaffer, Sheldon, Sidey, Smith, Sparks, Stewart, Still-man, Stoltenberg, Sullivan, Swan, Swift, Teter, Van Houten, Web­ster, Weeks, Weiden, White, Wilson, Wolfe, Youde—98.

The nays were :

Balluff, Kull, Miller of Bremer, Schulte, Springer—5.

Absent or not voting :

Calkins, Koontz, Mr. Speaker—3.

So the House concurs.

On motion of Anderson of Hamilton the House adjourned until 2 o'clock this afternoon.

AFTERNOON SESSION.

House met pursuant to adjournment.

Speaker pro tem. Hambleton in the chair.

CONSIDERATION OP BILLS.

Unanimous consent having been given, on motion of Jones of Montgomery, Senate File No. 3, a bill fo r an act providing for the publication and distribution of the acts and Journals of the ex­traordinary session of the Thirty-second General Assembly, was taken u p for consideration and read first and second time.

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1908.] JOURNAL OP THE HOUSE. 105

Mr. Jones moved that the rule be suspended, t ha t the bill be considered engrossed and read a th i rd time now, which motion pre­vailed, and the bill was read a th i rd time.

On the question, ' ' Shall the bill pass ? ' '

The yeas were :

Allred, Anderson, Arney, Baird, Bascom, Bauman, Beery, Bixby, Blackmore, Bonwell, Brandes, Calkins, Cassady, Clarke, Clary, Conn, Corrie, Cottrell, Darrah, DeMar, Dewell, Dodds, Doran, Dow, Drury, Dunn, Dye of Decatur, Dye of Pottawattamie, Elliott, Feay, Felt, Fenn, Fox, Greenwood, Grier, Hambleton, Hanna, Han­son, Harding, Harvey, Heles, Holmes, Hume, Inman, Jewell, Jones, Kelley, Kellogg, Kendall, Kull, Lee, Lister, Lowrey, McDonald, McBlrath, Maben, Mann, Marston, Mason, Mercer, Meredith, Miller of Bremer, Miller of Dubuque, Moore, Morris, Nix, Offill, Paid, Pierce, Price, Reaney, Beitz, Bitter, Schoenenberger, Schroeder, Schulte, Shaffer, Sheldon, Sidey, Smith, Sparks, Stewart, Stillman, Swan, Swift, Teter, Van Houten, "Webster, "Weeks, Weiden, White, Wilson, Youde—93.

The nays were:

McAllister—1.

Absent or not voting :

Balluff, Earle, Feely, Flugum, Geneva, Hackler, Harvey, Koontz, Springer, Stoltenberg, Sullivan, Wolfe, Mr. Speaker—13.

So the bill passed and the title was agreed to.

INTBODUCTION OF BILLS.

By Hackler of Webster, House File No. 5, a bill f o r an act t o make appropriations for the payment of the compensation of mem­bers of the Thirty-second General Assembly a t extra session, and other expenses.

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106 JOURNAL O F T H E HOUSE. [Sept. 10,

HOUSE PILE NO. 5 .

A BILL f o r a n Act t o Make Appropriations for t h e Payment of t h e Com­pensation of Members of t he Thirty-second General Assembly a t Ex t r a Session, and Other Expenses.

Be It Enacted by the General Assembly of the State of Iowa:

SECTION 1. T h a t t h e Auditor of State i s hereby authorized and directed t o issue war ran t s upon t h e Treasurer for t h e payment of t h e members of t h e ext ra session of t he Thirty-second General Assembly upon the cer­tificates of t h e presiding officers of each house, a s now provided by Jaw whenever t he said General Assembly shall ad journ t o meet a t a fu tu re day ; and t h a t t h e war ran t s t h u s received shall be i n fu l l payment for all services of t he members of t he Général Assembly a t such extra session, and no compensation or mileage shall be allowed t o t h e members of t he General Assembly fo r assembling again a t t h e date t o which t he said extra session shall adjourn.

SEC. 2. F o r expenses incurred i n connection wi th t h e holding of memorial exercises by t he General Assembly i n memory of t he late Sen­a tor William B. Allison, t he sum of sixty-seven ($67.00) dollars, and said s u m i s hereby appropriated f rom t h e funds i n t h e s ta te t reasury not other­wise expended, said sum to be paid and distributed a s follows:

J . F . W i l c o x , f o r flowers $25.00 A. L . Frisbie, f o r services a s chaplain 5.00 Alfred G. Lozier, for floral decoration 17.00 George Feige, manager Hylo Quartet 20.00

SEC. 3. Th i s act, being deemed of immediate importance, shall t ake effect and be i n force f rom and a f t e r t h e date of i t s publication in t he Register and Leader and Des Moines Capital, newspaeprs published i n Des Moines, Iowa.

Bead first and second time.

CONSIDERATION OF BILLS.

Unanimous consent being given, on motion by Hackler of Web­ster, House File No. 5, a bill for an act to make appropriations for the payment of the compensation of members of the Thirty-second General Assembly at extra session, and other expenses, was taken up and corsidered.

Mr. Hackler moved that the rule be suspended, that the bill be considered engrossed and read a third time now, which motion prevailed, and the bill was read a third time.

On the question, "Shall the bill pass?"

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1908.] J O U R N A L O F T H E H O U S E . 107

The yeas were;

Allred, Anderson, Arney, Bascom, Bauman, Beery, Bixby, Black-more, Brandes, Calkins, Cassady, Clary, Conn, Corrie, Darrah, Dewell, Doran, Dow, Drury, Dunn, Dye of Decatur, Dye of Potta­wattamie, Earle, Elliott, Feay, Feely, Felt, Fenn, Flugum, Fox, Geneva, Greenwood, Grier, Hackler, Hambleton, Hanna, Hanson, Harding, Harvey, Heles, Holmes, Hume, Inman, Jewell, Jones, Kelley, Kellogg, Kendall, Kull, Lee, Lister, Lowrey, McAllister, McElrath, Maben, Mann, Marston, Mason, Mercer, Meredith, Miller of Bremer, Miller of Dubuque, Moore, Morris, Nix, Offill, Paul, Reaney, Ritter, Schroeder, Shaffer, Sheldon, Sidey, Smith, Sparks, Stoltenberg, Swan, Teter, Van Houten, Webster, Weeks, Weiden, White, Wilson, Wolfe, Youde—87.

The nays were:

, DeMar, Dodds, Pierce, Price, Schoenenberger, Schulte, Springer, Stewart, Swift—9.

Absent or not voting:

Baird, Balluff, Bonwell, Clarke, Cottrell, Koontz, McDonald, Reitz, Stillman, Sullivan, Mr. Speaker—11.

So the bill passed, and the title was agreed to.

MESSAGE FROM THE SENATE.

The following message was received from the Senate:

Mb. SPEAKEE: I am directed to inform your honorable body tha t the Senate has amended and passed the following bill i n which t he concurrence of the Senate was asked:

House File No. 5, a bill for a n act making appropriation for the pay­ment of the compensation of members of the Thirty-second General As­sembly a t extra session.

GEO. A . NEWMAN, Secretary.

CONSIDERATION OF BILLS.

Unanimous consent having been given, on motion of Hackler of Webster, House File No. 5, a bill for an act to make appropriations for the payment of the compensation of members of the Thirty-

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108 JOURNAL OF THE HOUSE. [Sept. 10.

second General Assembly at extra session, and other expenses, with Senate amendments, was taken up and considered.

Mr. Hackler moved that the House concur in the Senate amend­ments.

On the question, "Shall the House concur?"

The yeas were :

Allred, Bascom, Bauman, Beery, Bixby, Blackmore, Bonwell, Brandes, Cassady, Clarke, Clary, Conn, Corrie, Cottrell, Darrah, Dewell, Doran, Dow, Drury, Dunn, Dye of Decatur, Dye of Potta­wattamie, Earle* Feay, Feely, Felt, Fenn, Flugum, Fox, Geneva, Greenwood, Hackler, Hambleton, Hanna, Hanson, Harding, Har­vey, Holmes, Hume, Inman, Jewell, Jones, Kelley, Kellogg, Lee, Lister, Lowrey, McAllister, McDonald, McElrath, Maben, Meredith, Miller of Bremer, Moore, Morris, Nix, Offill, Paul, Price, Reaney, Schoenenberger, Schroeder, Shaffer, Sheldon, Sidey, Sparks, Stew­art, Stillman, Stoltenberg, Swan, Swift, Teter, Van Houten, "Web­ster, Weeks, White, Wilson, Youde—78.

The nays were:

DeMar, Heles, Kendall, Kull, Miller of Dubuque, Schulte, Springer, Wolfe—8.

Absent or not voting:

Anderson, Arney, Baird, Balluff, Calkins, Dodds, Elliott, Grier, -Koontz, McDonald, Marston, Mason, Mercer, Pierce, Reitz, Ritter, Smith, Sullivan, Mr. Speaker—19.

So the House concurs.

The time having arrived for special order for the consideration of Concurrent Resolution relative to adjournment, Sparks of Wapello moved to amend Concurrent Resolution by striking out the words "three p. m." and to insert in lieu thereof the words "five p. m."

Amendment lost.

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1908 . ] JOURNAL OF THE HOUSE. 109

Teter of Marion presented the following amendment to the Con­current Resolution and moved that .the rules be suspended and the resolution considered now:

Be it Resolved by the House, the Senate concurring, That th i s Gen­eral Assembly do adjourn on Thursday, September 10, 1908, at 5 p. m., to meet again in session at 10 o'clock a. m. on November 24th, 1908, for the purpose of selecting a United States Senator t o fill the unexpired term of the late Hon. "William B. Allison, which said term wil l expire on March 4, 1909.

On the question, ' ' Shall the Concurrent Resolution be considered now?"

The yeas were:

Allred, Anderson, Arney, Baird, Balluff, Bascom, Bauman, Beery, Bixby, Blackmore, Bonwell, Brandes, Calkins, Cassady, Clarke, Clary, Conn, Corrie, Cottrell, Darrah, DeMar, Dewell, Do-ran, Dow, Drury, Dunn, Dye of Decatur, Dye of Pottawattamie, Earle, Elliott, Feay, Peely, Felt, Fenn, Flugum, Fox, Geneva, Greenwood, Grier, Hacbler, Hambleton, Hanna, Hanson, Harding, Harvey, Heles, Holmes, Hume, Inman, Jewell, Jones, Kelley, Kel­logg, Kendall, Koontz, Kull, Lee, Lister, Lowrey, McDonald, Mc-Elrath, Maben, Mann, Marston, Mason, Mercer, Mieredith, Miller of Bremer, Miller of Dubuque, Moore, Morris, Nix, Offill, Paul, Pierce, Price, Reaney, Reitz, Ritter, Schoenenberger, Schroeder, Schulte, Shaffer, Sheldon, Sidey, Smith, Sparks, Springer, Stewart, Stillman, Stoltenberg, Swan, Swift, T'eter, Van Houten, Webster, "Weeks, Weiden, White, Wilson, Wolfe, Youde—103.

The nays were :

None.

Absent or not voting :

Dodds, Sullivan, Mr. Speaker—3.

Motion prevailed.

Teter of Marion moved that the amendment be adopted.

On the question, "Shall the amendment be adopted?"

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l i o Í0ÜRNAL Of ÏHE HOUÔÉ. [Sept. 16,

The yeas Were :

Allred, Anderson, Arney, BascOm, Beery, Bixby, Blackinore, Bonwell, Brandes, Cassady, Conn, Corrie, Darrah, Dewell, Doran, Dow, Drury, Dunn, Dye of Decatur, Dye of Pottawattamie, Elliott, Feely, Felt, Fenn, Flugum, Fox, Greenwood, Grier, Hacbler, Ham-bleton, Hanna, Hanson, Harding, Harvey, Holmes, Hume, Inman, Jewell, Jones, Kelley, Kellogg, Lee, Lister, Lowrey, McAllister, Mc-Elrath, Maben, Mánn, Mason, Mercer, Meredith, Moore, Morris, Nix, Offill, Paul, Reaney, Shaffer, Sheldon, Stillman, Stoltenberg, Sullivan, Swan, Teter, "Webster, "Weiden, "Wilson, Youde—68.

The nays were:

Baird, Balluff, Bauman, Clarke, Clary, Cottrell, DeMar, Dodds, Earle, Feay, Geneva, Heles, Kellogg, Kendall, Koontz, Kull, Mc­Donald, Marston, Miller of Bremer, Miller of Dubuque, Pierce, Price, Reitz, Ritter, Schoenenberger, Schroeder, Schulte, Sidey, Sparks, Springer, Stewart, Swift, Weeks, "Wolfe—33.

Absent or not voting:

Calkins, Van Houten, White, Mr. Speaker—4.

• Motion prevailed and amendment adopted.

Roll call demanded by DeMar of Davis and Swift of Shelby.

On the question, "Shall the Concurrent Resolution as amended be adopted?"

The yeas were :

Allred, Anderson, Arney, Bascom, Beery, Bixby, Blackmore, Bonwell, Brandes, Cassady, Conn, Corrie, Darrah, Dewell, Doran, Dow, Drury, Dunn, Dye of Decatur, Dye of Pottawattamie, Elliott, Feely, Fenn, Fox, Greenwood, Grier, Hackler, Haiübleton, Hanna, Hanson, Harding, Harvey, Hume, Inman, Jewell, Jones, Kelley, Kellogg, Lee, Lister, Lowrey, McAllister, McElrath, Maben, Mann, Mason, Mercer, Meredith, Moore, Morris, Nix, Offill, Paul, Reaney, Shaffer, Sheldon, Smith, Stillman, Stoltenberg, Sullivan, Swan, Teter, Webster, Weiden, White, Wilson, Youde—67.

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1908.] J O U R N A L Oí 1 THEl I ÍOUSE. I " .

The nays were:

Baird, Baluff, Bauman; Calkins, Clarke, Clary, Cottrell, DeMar, Dodds, Earle, Feay, Felt, Geneva, Heles, Kendall, Koontz, Kull, McDonald, Marston, Miller of Bremer, Miller of Dubuque, Pierce, Price, Reitz, Ritter, Schoenenberger, Schroeder, Schulte, Sidey, Sparks, Springer, Stewart, Swift, Van Houten, Weeks, Wolfe—36.

Absent or not voting:

Flugum, Holmes, Mr. Speaker—3.

So the Concurrent Resolution as amended was adopted.

E X P L A N A T I O N S O P V O T E S .

ME. SPEAKER: I n explanat ion of m y vote o n subs t i tu te f o r pend ing resolution t o a d j o u r n t o November 24, I des i re t o s a y t h a t I v o t e " a y e " f o r t h e reason t h a t t h e r e i s a f a i l u r e t o elect a Uni ted S ta t e s Sena to r o n account of t h e deadlock a n d unless a n election i s m a d e b y t h i s Genera l Assembly before December, 1908, t h e office of Sena tor i n Congres s would b e vacan t un t i l l a te i n J a n u a r y , 1909, a n d t h e S t a t e would n o t b e repre­sented d u r i n g t h e in ter im, a n d be ing assured t h e r e wi l l b e n o expense t o t h e S ta te t o m e e t i n ad journed session t o elect t o fill s a i d vacancy, I f avo r t h e same.

N . J . L E E .

MB. SPEAKER: I voted " n o " on t h e resolut ion t o t a k e a recess u n t i l November because I a m i n f avor of a d j o u r n i n g n o w w i t h o u t delay.

C L Y D E S P A R K S .

I have been anxious f o r a d j o u r n m e n t s ine d i e a t t h e ea r l i e s t possible moment , b u t n o t f o r a recess t o November.

T H O M A S G E N E V A .

M E S S A G E S P R O M T H E S E N A T E .

The following messages were received from the Senate : MR. SPEAKER: I a m directed t o in fo rm y o u r ' honorable b o d y t h a t t h e

Sena te h a s concurred i n t h e following concur ren t reso lu t ion i n w h i c h t h e concurrence of t h e Sena te w a s a sked :

Relat ive t o a d j o u r n m e n t Thur sday , September 10, 1908, a t 5 p . m. , t o November 24 a t 10 a . m., 1908.

G E O . A . N E W M A N ,

Secretary of Senate.

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112 JOURNAL. OF THE HOUSE. [Sept. 10,

Also:

M K . S P E A K E R : I am directed to inform your honorable body that the Senate has concurred i n the following concurrent resolution in which the concurrence of the Senate was asked:

Relative to the printing and binding of the remarks of the members made at the Allison memorial services.

G E O . A . N E W M A N ,

Secretary of Senater

Also:

M B . S P E A K E R : I am directed to inform your honorable body that the Senate has passed the following bill in which the concurrence of the House i s asked :

Senate File No. 4, a bill for an act appropriating the sum of sixty-seven dollars to cover the expense of the memorial services incurred by the General Assembly in holding exercises in honor of the late Sen­ator Allison.

G E O . A . N E W M A N ,

Secretary.

CONSIDERATION OP BILLS.

Unanimous consent having been given, on motion of Hackler of Webster, Senate File No. 5, a bill for an act to appropriate the sum of Sixty-seven Dollars ($67.00) to cover expense incurred by the General Assembly in holding exercises in memory of the late Senator Allison, was taken u p for consideration, read first and second time.

Mr. Hackler moved that the rule be suspended, tha t the bill be considered engrossed and read a third time now, which motion prevailed, and the bill was read a third time.

On the question, "Sha l l the bill pass?"

The yeas were :

Allred, Bascom, Bauman, Beery, Bixby, Blackmore, Bonwell, Brandes, Calkins, Clarke, Clary, Conn, Corrie, Cottrell, Darrah, DeMar, Dewell, Dodds, Doran, Dow, Drury, Dunn, Dye of Decatur, Dye of Pottawattamie, Earle, Feay, Feely, Felt, Fenn, Flugum, Fox, Geneva, Greenwood, Hackler, Hambleton, Hanna, Hanson, Harding, Harvey, Heles, Holmes, Hume, Inman, Jewell, Jones,

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1908.] JOURNAL OF THE HOUSE. 113

Kelley, Kellogg, Kendall, Kull, Lee, Lister, Lowrey, McAllister, McElrath, Maben, Mann, Marston, Mason, Mercer, Meredith, Miller of Bremer, Miller of Dubuque, Moore, Morris, Nix, Offill, Paul, Price, Reaney, Reitz, Ritter, Schoenenberger, Schroeder, Schulte, Shaffer, Sheldon, Sidey, Smith, Sparks, Stewart, Stillman, Swan, Swift, Teter, Van Houten, Webster, Weeks, White, Wilson, Youde —78.

The nays were:

None.

Absent or not voting:

Anderson, Arney, Baird, Balluff, Elliott, Grier, Koontz, McDon­ald, Pierce, Springer, Stoltenberg, Sullivan, Weiden, Mr. Speaker

—14. #

So the bill passed and the title was agreed to.

REPORT OF COMMITTEE ON ENROLLED BILLS.

Stillman of Greene, from the Committee on Enrolled Bills, sub­mitted the following report:

M E . SPEAKER : Your Committee on Enrolled Bills respectfully report tha t they have examined and find correctly enrolled House Fi le No. 1, a bill for an act to amend the law as it appears in Chapter Fifty-one (51) of the Acts of the Thirty-second General Assembly, relating to the holding of party primary elections for the expression of choice of candidates for Senator in the Congress of the United States.

P A U L E . S T I L L M A N ,

Chairman. Adopted.

Also:

M R . SPEAKER : Your Committee on Enrolled Bills respectfully report that they have this day sent to the Governor for his approval House File No. 1, a bill for an act to amend the law as it appears in Chapter Fifty-one (51) of the Acts of the Thirty-second General Assembly, relating to the holding of party primary elections for the expression of choice of can­didates for Senator in the Congress of the United States.

P A U L E . S T I L L M A N ,

Chairman. Adopted.

8

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114 JOURNAL OF THE HOUSE. [Sept. 10,

Also:

M B . SPEAKER : Your Committee on Enrolled Bills respectfully report that they have examined and find correctly enrolled House Pile No. 5, a bill for an act to make appropriations for the payment of the compensation of members of the Thirty-second General Assembly a t extra session.

P A U L E . STILLMAN,

Chairman.

Adopted.

Al so :

M B . SPEAKEB: Your Committee on Enrolled Bills respectfully report that they have this day sent to the governor for his approval House File No. 5, a bill for an act to make appropriations for the payment of the compensation of members of the Thirty-second General • Assembly a t extra session.

P A U L E . STILLMAN,

Chairman.

Adopted.

REPORT O P J O I N T COMMITTEE O N ENROLLED BILLS.

Stillman of Greene, from the Joint Committee on Enrolled Bills, submitted the following report:

M B . SPEAKEB: Your Joint Committee on Enrolled Bills respectfully report that they have examined and find correctly enrolled House File No. 1, a bill for an act to amend the law as i t appears in Chapter Fifty-one (51) of the Acts of the Thirty-second General Assembly relating to the holding of party primary elections for the expression of choice of candi­dates for Senator in the Congress of the United States.

P A U L E . STILLMAN,

Chairman House Committee.

W . B . SEELEY,

Chairman Senate Committee.

Adopted.

Also:

M B . SPEAKEB: Your Committee on Enrolled Bills respectfully report that they have examined and find correctly enrolled House File No. 5, a

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1908.] JOURNAL OP THE HOUSE. 116

bill for an act to make appropriations for the payment of the compensa­tion of members of the Thirty-second Qeneral Assembly at extra session.

P A U L E . STILLHAN,

Chairman House Committee.

W . B . SEELEY,

Chairman Senate Committee.

Adopted.

The Speaker announced that as Speaker of the House in the presence of the House he had signed House Files Nos. 1 and 5 and Senate Files Nos. 3 and 4.

Swift of Shelby moved that the Chief Clerk be authorized to correct the House Journal of today's proceedings, and that he be instructed to direct the Secretary of State to mail copies thereof to the House members.

Motion prevailed.

The Speaker declared the House adjourned until 10 o'clock A. M., November 24, 1908.

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116 J O U R N A L O F T H E H O U S E . [November 24,

JOURNAL OF THE HOUSE

H A L L OF T H E H O U S E OF REPRESENTATIVES,

D E S M O I N E S , "IOWA, NOVEMBER 2 4 , A . D . 1 9 0 8 .

Pursuant to adjournment of the Thirty-second General Assembly in extra session, the House of Eepresentatives convened at 10 o'clock a. m. Tuesday, November 24, A. D. 1908.

The House was called to order by Speaker N. B. Kendall.

Prayer offered by the Rev. C. S. Medbury of Des Moines, Iowa.

L E A V E O P A B S E N C E G K Á N T E D .

On request of Swift of Shelby, Baird of Iowa, was excused.

On request of McAllister of Linn, Greenwood of Mills was excused.

The roll call disclosed the following members present:

Allred, Anderson, Arney, Baird, Balluff, Bascom, Bauman, Beery, Bixby, Blackmore, Bonwell, Brandes, Calkins, Cassady, Conn Corrie, Darrah, DeMar, Dewell, Doran, Dow, Drury, Dunn, Dye of Decatur, Dye of Pottawattamie, Elliott, Feely, Pelt, Fenn Flugum, Fox, Geneva, Grier, Hackler, Hambleton, Hanna, Han­son, Harding, Harvey, Heles, Holmes, Hume, Inman, Jewell. Jones, Kelley, Kellogg, Kendall, Koontz, Lee, Lister, Lowrey. McAllister, McDonald, McElrath, Maben, Mann, Marston, Mercer. Meredith, Miller of Bremer, Miller of Dubuque, Moore, Morris, Nix, Offil, Paul, Pierce, Price, Reaney, Reitz, Ritter, Schoenen-berger, Schroeder, Shaffer, Sheldon, Sidey, Smith, Springer. Stewart, Stillman, Stoltenberg, Sullivan, Swan, Swift, Teter, Van Houten, Webster, Weeks, Weiden, White, Wilson, Wolfe, Youde. Mr. Speaker.—95.

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1908.] JOURNAL O F T H E HOUSE. 117

M E S S A G E F R O M T H E S E N A T E .

The following message was received from the Senate:

MB. SPEAKER,—I a m directed t o inform your honorable body t h a t t h e Senate h a s adopted t h e following Concurrent Resolution, i n which t h e concurrence of t h e House i s asked:

Relative t o t h e appointment of a Jo in t Committee o n Inaugura t ion , and t h e President of t h e Senate names a s committee o n t h e p a r t of t h e Senate Senators Dowell, Newberry, Dunham, Turne r and Jamieson of Page.

GEO. A . N E W M A N ,

Secretary.

Sullivan of Polk moved that the House concur in Senate Con­current Resolution.

Motion prevailed, so the House concurs.

The speaker named as such committee on part of the House, Sullivan of Polk, Hackler of Webster, Hanson of Humboldt, Hard­ing of Woodbury, McDonald of Carroll.

Sullivan of Polk presented the following Concurrent Resolution:

Be it Resolved by the House, the Senate concurring, T h a t t h e u se of t h e basement and corridors of t h e Capitol building b e extended t o t h e Na t iona l Creamery But termakers Association f o r t h e purpose of exhibi t ing t h e i r produce and machinery, said use t o extend fo r a period of one week, ei ther t h e las t week i n February o r t h e first week i n March, 1909; a l l spacing and installation of machinery t o be done under t h e direct ion of t h e custodian.

Van Houten of Taylor moved that the Concurrent Resolution be considered at this time.

Motion prevailed.

Sullivan of Polk moved that the Concurrent Resolution be adopted.

Motion prevailed and Concurrent Resolution was adopted.

On motion of Van Houten of Taylor, the House took a recess until 11:50 o'clock this morning.

House reconvened.

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118 JOURNAL OF THE HOUSE. [November 24

Speaker Kendall in the chair.

Speaker appointed Shaffer of Fayette and Inman of Floyd as a committee to conduct Governor and Mrs. Larrabee to the plat­form.

The following certificate of Secretary of State, relative to the Votes cast for Senator in the Congress of the United States, at the Republican Primary election, held November 3, 1908, was received and placed on file:

O F F I C E O F SECRETARY O F STATE,

CERTIFICATE.

• To the Thirty-second General Assembly:

I, W. C. Hayward, Secretary of State of the State of Iowa, in compliance with sub-division "G" of section one (1) of an act to amend the law as i t appears in chapter fifty-one (51) of the acts of the Thirty-second Gen­eral Assembly, do hereby certify that a t the primary election held on

• November 3, 1908, for the expression of choice of republican candidates for Senator in the Congress of the United States, there were cast, as shown by certificate on file in my office, executed by the Executive Council of the State of Iowa, as a Board of Canvassers, 235,046 votes of which number:

Albert B. Cummins received 138,840 votes.

John F. Lacey received 96,193 votes.

Scattering, 13 votes.

Therefore i t is declared that Albert B. Cummins was duly nominated as the candidate of the republican party of Iowa for the office of Senator in the Congress of the United States.

In testlmbny whereof, I have hereunto set my hand and affixed the seal of the Secretary of State of the State of Iowa.

Done a t Des Moines, the capital of the State, this 23d day of November, A. D. 1908.

[ S E A L ]

W . C . HAYWABD,

Secretary oí State.

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1908.] J O U R N A L O F T H E H O U S E . 119

Sullivan of Polk presented the following report from the Joint Committee on the Inauguration of Governor "Warren Garst:

To the President of the Senate and Speaker of the House of Represen­tatives:

The undersigned, your Committee on Inauguration, beg leave to sub­mit the following report:

We recommend tha t the Inauguration of the Governor be held i n t he Chamber of the House of Representatives on Tuesday afternoon, November 24th, a t 3:00 o'clock, and submit the following program:

Prayer .Dr. A. Frisbie, Des Moines, Iowa

Solo Mabel Wagner-Shank

Administration of oath of office to Governor Warren Garst by Chief Justice Scott M. Ladd

Inauguration Address Governor Warren Garst

Solo Mabel Wagner-Shank We recommend that the galleries of the House be opened t o t he public.

PTJBZJC RECEPTION.

The Thirty-second General Assembly of the State of Iowa, extends a cordial invitation to the people of the State to attend the public reception to be tendered to Governor Warren Garst by the members of t h e Assembly a t the State Capitol on Tuesday evening November 24, 1908, f rom 8:00 to 11:00 o'clock.

C . C . DOWELL,

BYRON W . NEWBEEEY,

D . W . TURNEE,

,, GEO. W . D U N H A M ,

W . D . JAMIESON,

On part of the Senate. J O H N B . SULLIVAN,

CHABLES W . HACKLER,

W . L . HARDING,

T . O . H A N S O N ,

EDWARD MCDONALD,

On part of the House.

Report adopted.

Meredith of Cass moved that a committee of three be named to notify the Senate that the House is ready to receive it.

Motion prevailed.

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120 JOURNAL OF THE HOUSE. [November 24,

The speaker named as such committee: Meredith of Cass, Dye of Pottawattamie, Koontz of Johnson.

MESSAGE FROM THE SENATE.

The following message was received from the Senate:

M B . SPEAKER,—I am directed to inform your honorable body that the Senate has concurred in the following Concurrent Resolution, in which the concurrence of the Senate was asked:

Relative to the use of the basement and corridors of the Capitol build­ing for exhibition purposes by the National Creamery Buttermakers Association.

GEO. A . NEWMAN,

Secretary.

Meredith of Cass from the committee appointed to notify the Senate reported that the committee had so acted.

Sergeant at Arms announced the arrival of the President and members of the Senate who took places on the west side of the House Chamber.

JOINT CONVENTION.

Joint Convention was called to order by Lieutenant Governor Garst, President of the Joint Convention, at 12 o'clock noon.

The roll call disclosed the following members present:

Allen, Allred, Anderson, Arney, Balluff, Bascom, Bauman, Beery, Bixby, Blackmore, Bleakly, Bonwell, Brandes, Bruce, Bur­gess, Calkins, Cassady, Clark of Poweshiek, Conn, Corrie, Darrah, DeArmond, DeMar, Dewell, DeWolf, Doran, Dow, Dowell. Drury, Dunn, Dunham, Dye of Decatur, Dye of Pottawattamie Eckles, Elerick, Elliot, Ericson, Feely, Felt, Fenn, Flugum. Foley, Fox, Frudden, Gale, Geneya, Gillilland, Grier, Hackler. Hambleton, Hanna, Hanson, Harding, Harvey, Heles, Holmes, Hopkins, Hughes, Hume, Inman, Jackson, Jamison of Clarke. Jamieson of Page, Jewell, Jones of Montgomry, Kelley, Kellogg, Kendall, Kimmel, Kinne, Koontz, Lambert, Lee, Lister, Lowrey. McAllister, McDonald, McElrath, McKlveen, McManus, Maben. Mann, Marston, Mattes, Maytag, Mercer, Meredith, Miller of Bremer, Miller of Dubuque, Moon, Moore, Morris, Newberry,

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Nichols, Nix, Offil, Paul, Peterson, Pierce, Price, Reaney, Reitz Ritter, Saunders, Schoenenberger, Schoeder, Seeley, Shaffer, Shel­don, Sidey, Smith of Mitchell, Smith of Wright, Springer, Stewart. Stillman, Stirton, Stoltenberg, Stookey, Stuckslager, Sullivan, Swan, Swift, Taylor, Teter, Turner, Van Houten, Wade, Warren, Webster, Weeks, Weiden, Whipple, Whiting, White, Wilson of Tama, Wilson of Fayette, Wilson of Clinton, Wolfe, Youde, Young, Mr. Speaker—143.

President Garst declared a quorum of members present. The Joint Convention then proceeded to ballot for the election of Sen­ator in the Congress of the United States to fill the unexpired term ending March 4, 1909.

Those voting for Albert B. Cummins were:

Allen, Allred, Anderson, Amey, Bascom, Beery, Bixby, Black-more, Bleakly, Bonwell, Brandes, Bruce, Burgess, Cassady, Clark, of Poweshiek, Conn, Corrie, Darrah, Dewell, Doran, Dow, Dowell, Drury, Dunn, Dunham, Dye of Decatur, Dye of Pottawattamie, Eckles, Eleriek, Elliott, Erickson, Feely, Felt, Fenn, Flugum, Fox, Gale, Gillilland, Grier, Hackler, Hambleton, Hanna, Hanson, Hard­ing, Harvey, Holmes, Hopkins, Hughes, Hume, Inman, Jackson, Jamison of Clarke, Jewell, Jones of Montgomery, Kelley, Kellogg, Kimmel, Kinne, Lee, Lister, Lowrey, McAllister, McElrath, Mc-Klveen, Maben, Mann, Marston, Mattes, Maytag, Mercer, Meredith, Moore, Morris, Newberry, Nichols, Nix, Offil, Paul, Peterson, Reaney, Saunders, Seeley, Shaffer, Sheldon, Smith of Mitchell, Smith oí Wright, Stillman, Stoltenberg, Stookey, Stuckslager, Sullivan Swan, Teter, Turner, Van Houten, Warren, Webster, Weeks, Wei­den, Whipple, White, Wilson of Tama, Wilson of Fayette, Youde Young, Mr. Speaker—107.

Those voting for Claude R. Porter were:

Balluff, Bauman, Calkins, DeArmand, DeMar, DeWolf, Foley. Frudden, Geneva, Heles, Jamieson of Page, Kendall, Koontz, Lam­bert, McDonald, McManus, Miller of Bremer, Miller of Dubuque. Moon, Pierce, Price, Reitz, Ritter, Schoenenberger, Schroeder. Sidey, Springer, Stewart, Stirton, Swift, Taylor, Wade, Whiting Wilson of Clinton, Wolfe.—35.

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122 JOURNAL OF THE HOUSE. [November 24,

Absent or not vo t ing :

Baird, Clary, Clarke of Jefferson, Cottrell, Dodds, Earle, Feay, Greenwood, Jones of Mahaska, Mason, Schulte, Smith o f D e s Moines, Sparks—13.

President Garst declared that Albert B . Cummins, having re­ceived a majority o f all votes cast, elected Senator i n the Congress of the United States t o fill the unexpired term ending March 4, 1909.

The following certificate of election of Albert B . Cummins as Senator i n the Congress of the United States t o fill the unexpired term ending March 4 , 1909, was signed i n the presence of the Jo int Convention.

CERTIFICATE.

Des Moines, Iowa, November 24, 1908.

This is to certify that a t a meeting of the two Houses of the General Assembly of the State of Iowa in joint assembly, held on Wednesday, the 9th day of September, 1908, a t noon, a majority of all the members being present, it was found, upon examination of the journals of the Houses tha t upon the day before, the same being the second Tuesday after the meeting and organization of the General Assembly convened in extra session, the Senate had by roll call of the members present, constituting a majority of the Senate, voted upon the election of a Senator in Congress to fill the vacancy caused by the death of William B. Allison, and for the unexpired term of the said William B. Allison, with the following result, to-wit:

Total number of votes cast—49, of which

Albert B. Cummins received 21 Claude R. Porter received 14 Walter I. Smith received 4 Joseph R. Lane received 4 Frank D. Jackson received 3 William Lar rabee received 1 George D. Perkins received 1 Warren Garst received 1

I t is further certified that a t a meeting of the two Houses of the Gen­era) Assembly of the State of Iowa in joint assembly held on Wednesday, the 9th day of September, 1908, a t noon, a majority of all the members being present, it was found, upon examination of the Journals of the Houses that upon the day before, the same being the second Tuesday

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1908.] JOURNAL OF T H E HOUSE. 123

a f t e r t h e meeting and organization of t h e General Assembly convened i n extra session, t he House of Bepresentatives had by roll call of t h e mem­bers present, constituting a majori ty of the House of Representatives, voted upon the election of a Senator i n Congress t o fill t h e vacancy caused by the death of William B. Allison, and for t h e unexpired t e rm of t he said William B. Allison, with the result following, to-wit:

Total number of votes cast—103; of which

Albert B. Cummins received 43 Claude R. Porter received 31 Walter I . Smith received 12 A. B. F u n k received 5 John F . Lacey received 2 W. P . Hepburn received 2 George W. Clarke received 1 G. N. Haugen received 1 Albert F . Dawson received 1 James H. Trewin received 1 George D. Perkins received 1 Joseph R. Lane received 1 William Larrabee received 1 A. J . Baker received .. 1

I t appearing t ha t no person had received a, majori ty of t h e votes cast i n said Senate and House, voting separately, t he said jo in t assembly pro­ceeded to the election of a Senator in Congress for said unexpired te rm. Upon roll call of t he said General Assembly so si t t ing i n joint assembly, t h e result was a s follows, to-wit:

Total number of votes cast—153, of which

Albert B. Cummins received 66 Claude R. Porter received 46 Walter I . Smith received 20 A. B. F u n k received 4 Joseph R . Lane received 3 John F . Lacey received 3 Warren Garst received 2 George W. Clarke received 2 George M. Curtis received 2 Walliam Larrabee received 2 F . D. Jackson received 1 A. J . Baker received 1 W. P . Hepburn received 1

Whereupon the said joint assembly adjourned t o meet on t h e following day a s provided by law.

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124 JOURNAL OF THE HOUSE. [November 24,

This is to further certify that upon the tenth day of September, 1908, a t noon, the said joint assembly reconvened, and another vote by roll call was had upon the election of a Senator In Congress for said unex­pired term, with the following result, to-wit:

Total number of votes cast—154, of which

Albert B. Cummins received. 65 Claude R. Porter received 46 Walter I. Smith received 16 George W. Clarke received 8 Warren Garst received 4 George M. Curtis received 2 James H. Trewin received 2 William Larrabee received \ 2 John F. Lacey received 3 F . D. Jackson received 2 A. B. Funk received 2 A. J . Baker received 1 Joseph R. Lane received 1

Whereupon the said joint assembly dissolved.

This is to further certify that the said General Assembly of the State of Iowa, having adjourned on the 10th day of September, 1908, to meet on the 24th day of November, 1908, a t 10 o'clock, a. m. the said joint assembly reconvened a t noon on the said 24th day of November, and pursuant to law again voted by roll call of the members present upon •the election of Senator in Congress for said unexpired term, with the following result, to-wit:

Total number of votes cast—142, of which

Albert B. Cummins received 107 Claude R. Porter received 35

Whereupon, i t appearing tha t in said joint assembly the said Albert B. Cummins received a majority of all the votes cast, a majority of the said General Assembly being present and voting, the said joint assembly formally declared said Albert B. Cummins, of Des Moines, Polk county, Iowa, duly elected Senator to represent the State of Iowa in the Congress of the United States for the unexpired term to which William B. Allison was elected, ending on the 4th day of March, A. D. 1909.

WABREN GABST,

President of Senate and Joint Assembly. N . E . KENDALL,

Speaker of the House. GEO. A . N E W M A N ,

Secretary of Senate. C . R . BENEDICT,

Clerk of House of Representatives.

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Hambleton of Mahaska moved that a committee of five be named to notify Governor Albert B. Cummins of his election as Senator in the Congress of the United States and to 'conduct him to the Speaker's station.

President Garst named as such committee: Hambleton of Ma haska, Dowell of Polk, Smith of Mitchell, Marston of Cerro Gordo, Springer of Buchanan.

The committe returned and escorted the Senator to the Speaker's station.

Senator Cummins then delivered the following address:

Mr. President, Mr. Speaker, and, Gentlemen of the Thirty-second General Assembly:

I deeply appreciate t he honor you have conferred upon me. I a m grateful to t he voters of t h e republican par ty who nominated m e for Senator in t he Congress of the United States, and I a m gra tefu l t o t h e republican members of t he General Assembly who have, wi th unanimity, elected me to t h a t high office. Speaking to t ha t host of loyal, s teadfast friends, both within and without th i s body, who have for so m a n y years strengthened and sustained me, I have sought i n vain some formula of words tha t would express t he profound emotions of a hear t t h a t i s over­flowing with t h e memories of unparalleled devotition. To t h a n k you ade­quately or sufficiently i s utterly impossible; and I mus t content myself with the expression of t h e hope t h a t I may be able, in t h e days t o come, to vindicate, in some small measure, t he generous confidence which you have so lavishly bestowed upon me. To you who a r e before me, and t o them who a re beyond the sound of my voice, I pledge all t h e s t rength I have in t h e effort t o be worthy of t he t rus t you have been willing t o give into my keeping.

Speaking t o those republicans, here and elsewhere, who have preferred some other candidate fo r Senator, I a m sure you will believe m e when I say tha t there i s no tinge of ill will in m y mind by reason of t h i s natural , and, indeed necessary difference of opinion. A manly fighter leaves n o wounds upon m e t h a t do not quickly heal, and no scars t h à t do no t speedily disappear. You have known m e long enough and well enough t o be sure t h a t while 1 have loved victory, I have accepted defea t without bitterness, and t h a t m y l ife ha s never been shadowed w i t h malice or revenge. To you, also, X have a pledge to make. I sincerely covet your approval of m y work in t he new field I a m about to enter, a n d if , by dili­gent study of public questions, and a fa i thful attempt to perform m y fu l l duty, I can win i t , I intend to have it . Furthermore, whatsoever I can do to commit to oblivion the acrimony of past campaigns, and t o exclude i t f rom all fu tu re campaigns, t h a t I intend t o do.

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126 JOURNAL OF THE HOUSE. [November 24,

This somewhat personal phase of the occasion would not he complete without a word to the men of the democratic party with whom I have been associated in public affairs. I cannot leave the office I have held for nearly seven years without thanking them most heartily for their un­varying kindness to me, and for their patriotic and efficient assistance in the legislation that has been adopted in this period of stress and storm. To them, with like pleasure, I record a promise which shall be sacredly kept. I will hold the welfare of my country and my state high above every other consideration, and will follow t ruth and justice, as they appear to me, wherever they may lead the way.

The suggestion just made moves me to a further reflection upon party allegiance and fidelity. I am a party man; and in so declaring I do not disparage the unattached reformer. He may be of great value. He may be, often is, capable of high service to his fellow men. He may, and often does stir the conscience, arouse activity and purify ideals. But to create, to construct, to substitute honest and efficient civic regulation, for unjust or ineffective laws, require co-operation, not spasmodic or intermittent, but fairly permanent and reasonably continuous. Co-operation in affairs which pertain to the government means political organization, and politi­cal organization is a synonym for political parties. They are, therefore, the necessary instruments of government, and he who desires to accom­plish anything must act and ally himself with that party which, taken altogether, will give to his country the wisest laws and the most abundant and enduring moral and material prosperity.

As you all know, X am, in political faith, a republican. I believe in the essential principles of that party; and I shall do my utmost to carry them into effect, for thus, and thus only, as I view my duty, can I pro­mote the welfare of all the people. I beg to illustrate my meaning. I am deeply convinced of the justice and wisdom of the economic system which imposes protective duties upon imports, and with my voice and vote in the Senate of the United States, I shall do everything in my power to preserve it. To me, th is established policy of the republican party means duties upon competitive products high enough to fully pro­tect the American producer in his home market against the unfair rivalry of other countries, but upon the other hand, low enough to insure to the American consumer a fair American price. I am in absolute harmony with the definition announced in the most recent national republican platform. I stand, as you all know, for a revision of the tariff schedules; an honest revision, keeping the promise to the hope as well as to the ear; a revision tested by the standard declared in the platform; and what little influence I may have will be exerted to fulfill the pledge upon which the coming administration was entrusted with political power.

I recognize, however, that but comparatively few of the problems which confront Congress are partisan in their character, and upon all questions which lie above or beyond party lines I hold myself free to act according to my judgment of the public needs. Without in the slightest degree dis­paraging the wonderful work done in each decade of the century and a half which practically covers our national life, yielding to the men of

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former times t i e extreme tr ibute t h a t can be rendered to patr iot ic great­ness, I think i t may still be said t h a t the decade immediately before u s •will be crowded with issues more vital, and wi th problems more per­plexing, than any which have heretofore absorbed t h e energies of s tudent or statesman. We are already f a r out upon a new and troubled sea, b u t we have not yet discerned clearly t h e port of res t a n d safety. W e know t h a t i n t he field of private industry, t he corporation, which i s b u t another t e rm for combined wealth, skill, genius, power and experience, m u s t be controlled, to t he end, first, t h a t i t shall not dominate t h e government, and t o t he end, second, t h a t i t shall not destroy t h e force of healthy, rea­sonable competition, upon which alone those who deal with i t m u s t depend for protection f rom unjus t exactions.

I am equally opposed t o rash experiment and indifferent inaction. Step by step, carefully but resolutely taken, we m u s t move forward. W e cannot expect t o see f rom the beginning every consequence t h a t m a y follow change, and if we pause unti l all possibility of error be excluded, we will pause forever. You have a r ight to know wha t m y general course will be upon this subject, and, reserving to myself t h e privilege of chang­ing m y mind whenever I a m convinced tha t I have been wrong, I say t o you t ha t I will do what I can, first t o prevent t h e overcapitalization of all corporations over which Congress has jurisdiction; second, t o guar­antee to every corporation, and individual a s well, t h e r i g h t t o use o u r transportation facilities upon the same terms, under substantially l ike conditions; third, to make more stringent stil l t h e laws which a r e di­rected against t he at tempt to establish a monopoly. I have long believed t h a t eventually there mus t be a limitation upon t h e amount of capital which any corporation i s permitted to employ, carefully graduated ac­cording to t he business i n which i t i s engaged. X thoroughly favor t h e enlargement of any enterprise so t h a t the maximum of economy can b e attained, bu t beyond t ha t limit, t he growth of a corporation becomes a distinct menace to t he country, without any advantage to legitimate capital.

You have heard so frequently m y opinions respecting t h e regulation of public corporations t h a t i t i s not necessary for m e t o repeat t h e m a t t h i s time. We must all unite in t he effort to see t h a t they a re given a chance to earn a f a i r re turn upon t h e value of t he property used t o render t h e service required, b u t we m u s t be equally diligent t o see t h a t they a r e n o t allowed to earn more. While t he amount of t h e charge made by these companies, and especially t h e transportation companies, m u s t be kept care­fully in mind, i t is still more important to give heed t o t h e distr ibution of their charges. We have already made giant s tr ides toward t h e abolition of discrimination for or against individual patrons, b u t t h e discrimination practiced for and against localities still continues wi th unabated injustice. I fear t ha t t he power conferred upon the Inters ta te Commerce Commis­sion i n th is respect will not accomplish t h e purpose fo r which i t w a s given, and i t will be well t o t u r n our thought i n another direction. I believe i t is possible to so amend the Interstate Commerce law a s t o change t h e burden of proof and investigation; or t o phrase i t differently, t o m a k e t h e Commission t h e judge of t h e exception, and no t of t h e rule. I feel,

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128 JOURNAL OF THE HOUSE. [November 24,

and have long felt, tha t our own state is, in a n especial way, the object V

of unwarranted discrimination in interstate railway rates, and I go to my new work fully determined to remedy, if I can, the wrong under which we have so continuously suffered.

Among the many subjects which might appropriately claim my atten­tion a t this time, I shall mention but one other. The conservation of our natural resources will be prominent in the discussions of the future. They have been so baundant, and apparently so exhaustless, that we have consumed them without a thought that we were gradually impoverishing ourselves. We can already see the end of our lumber, our coal, and our , iron. These are the basic materials of our growth and greatness. We cannot restore our coal and iron, but we can take measures to postpone the time a t which our supply will be gone. Our forests, we can partially restore, and the government of the United States has no more sacred duty than to give back to the people, in some degree, the trees that i t has squandered upon avaricious speculators. The strength of our soil must be preserved, and if he who tills i t is not willing to so use i t that i t may go down to future generations still f rui tful and productive, then the government must direct him in his energies. Our water powers must be developed, for thus only can the life of our coal deposits be lengthened.

I must not, however, detain you further. I t seems to me that the years of the past, brilliant as they have been, were only periods of preparation for the present. We shall need all the virtue and all the strength that we can draw from our forefathers to equip us for the struggle which lies before us. I am wholly conscious of my inability to meet, as you would have me meet, the duties that are now confronting me. I can only again promise you that one motive, and one only, shall inspire me,—an abiding sense of the responsibility I undertake, and a whole-hearted desire to serve the people to whom I must account.

Speaker Kendall in the chair

Senator Saunders of Pottawattamie moved that the address of Senator Albert B. Cummins be printed in the Journal.

Motion prevailed.

On motion of Dow of Franklin the Joint Convention dissolved.

House reconvened.

Speaker Kendall in the chair.

On motion of Toude of O'Brien the House adjourned to 2:30 p. m.

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1908.] JOURNAL OP THE HOUSE. 129

A F T E R N O O N SESSION.

House met pusuant to adjournment.

Speaker Kendall i n the chair.

The resignation of Albert B . Cummins, as Governor, was received and placed on file.

EXECUTIVE OFFICE, D E S M O I N E S , IOWA,

November 24, 1908.

To the Thirty-second General Assembly of the State of Iowa:

Having been elected to the office of Senator from Iowa in the Congress of the United States, I hereby resign the office of Governor of the State of Iowa, my resignation to take effect immediately.

AXBEBT B . C U M M I N S .

M E S S A G E P E O M T H E S E N A T E .

The following message was received from the Senate:

M E . S P E A K E R , — I am directed to inform your honorable body that the Senate has passed the following bill, in which the concurrence of the House is asked:

Senate file No. 5, a bill for an act making an appropriation to defray • the expenses of the Inaugural of Governor Warren Garst.

GEO. A . N E W M A N ,

Secretary.

C O N S I D E R A T I O N O P B I L L S .

Unanimous consent having been given, on motion of Jones of Montgomery, Senate file No. 5, a bill for an act t o make appro­priation for the expenses of the inauguration of Governor "Warren Garst and other expenses was taken u p and considered, the bill was read first and second time.

Jones of Montgomery moved to amend Senate file No. 5, towit :

That the title to the bill be amended by adding thereto the words "and for Chaplains of the Senate and House of the Thirty-second General As­sembly in extra session," also add an "s" to the word appropriation. •

That the following be added as section — of said bill and tha t Section 2 be renumbered Section 3.

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130 JOURNAL OF THE HOUSE. [Novembey24,

Section 2. There i s hereby appropriated out of any money In the State treasury not otherwise appropriated, the sum of One Hundred Dol­lars, or so much thereof as may be necessary, for Chaplains of the Senate and House of the Thirty-second General Assembly in extra ¡session; war­rants therefor to be drawn in favor of the persons entitled thereto, who shall be determined by the auditor of State upon the certified statement of the President of the. Senate and Speaker of the House.

Amendment adopted.

Mr. Jones moved that the rule be suspended, that the bill be considered engrossed and 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:

Allred, Anderson, Bascom, Bauman, Beery, Bixby, Blackmore, Bonwell, Calkins, Cassady, Conn, Darrah, Dewell, Doran, Dow. Dunn, Dye of Decatur, Feely, Pelt, Fenn, Flugum, Geneva, Grier Hambleton, Hanna, Hanson, Harding, Harvey, Holmes, Inman. Jewell, Jones, Kelley, Koontz, Lee Lister, Lowrey, McAllister, Maben, Mann, Marston, Mercer, Meredith, Morris, Offil, Reaney Ritter, Schoenenberger, Schroeder, Shaffer, Smith, Springer, Stew­art, Stillman, Sullivan, Swan, Teter, Van Houten, "Weeks, Weiden. "White, "Wilson, Wolfe, Youde, Mr. Speaker—65.

The nays were:

DeMar, Kendall. Miller of Dubuque, Pierce, Reitz—5.

Absent or not voting :

Arney, Baird, Balluff, Brandes, Clarke, Clary, Corrie, Cottrell, Dodds, Drury, Dye of Pottawattamie, Earle, Elliott, Feay, Fox, Greenwood, Hackler, Heles, Hume, Kellogg, Kuli, McDonald, Mc-Elrath, Mason, Miller of Bremer, Moore, Nix, Paul, Price, Schulte, Sheldon, Sidey, Sparks, Stoltenberg, Swift, Webster.—36.

So the bill passed, and the title as amended was agreed to.

Weeks of Guthrie moved that a committee of three be named to notify the Senate that the House is ready to receive it.

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Speaker named as such committee, Weeks of Guthrie, Dunn of Jackson, and Pierce of Buena Vista.

The committee returned and reported that i t has performed its duty.

Sergeant at Arms announced the arrival of the members of the Senate who took seats on the west side of the House Chamber.

JOINT CONVENTION.

President pro tem Smith called the Joint Convention to order.

The roll call disclosed the following members present :

Allen, Allred, Anderson, Arney, Bascom, Bauman, Beery, Bixby, Blackmore, Bleakly, Bonwell, Brandes, Burgess, Cassady; Clark of Poweshiek, Conn, Corrie, Darrah, DeArmond, DeMar, Dewell, De-Wolf, Doran, Dow, Dowell, Drury, Dunn, Dunham, Dye of Deca-ture, Dye of Pottawattamie Eckles, Elerick, Elliott, Ericson Feely, Felt, Fenn, Flugum, Foley, Frudden, Geneva, Gillilland, Grier. Hackler, Hambleton, Hanna, Hanson, Harding, Haroey, Heles, Holmes, Hopkins, Hughes, Hume, Inman, Jackson, Jamison of Clarke, Jamieson of Page, Jewell, Jones of Montgomery, Kelley, Kendall, Kimmel, Kinne, Koontz, Lambert, Lee, Lister, Lpwry, Mc­Allister McDonald, McManus, Maben, Mann, Marston, Mason, Mattes, Maytag, Mercer, Meredith, Miller of Dubuqué, Moon, Moore, Morris, Newberry, Nichols, Nix, Offil, Paul, Peterson, Pierce, Price, Reaney, Reitz, Ritter, Saunders, Schoenenberger, Schroeder. Seeley, Shaffer, Sheldon, Sidey, Smith of Mitchell, Smith of Wright, Springer, Stewart, Stillman, Stoltenberg, Stookey, Stuckslager. Sullivan, Swan, Swift, Taylor, Teter, Turner, Van Houten, Wade Warren, Weeks, Weiden, Whipple, Whiting, White, Wilson of Tama, Wilson of Fayette, Wilson of Clinton, Youde, Young, Mr. Speaker.—130.

The President Pro Tem declared a constitutional majority of all members of the Joint Convention present.

McDonald of Carroll moved that a committee of three be named to escort Governor Warren Garst and Senator Albert B. Cummins to the Speaker's station.

Motion prevailed.

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m JOURNAL OF THE HOUSE. November 24,

President pro tem named as such committee, McDonald of Car­roll, "Wilson of Fayette and Offil of Jasper.

Committee returned and conducted Governor Garst and Senator Cummins to the Speaker's station.

Prayer was offered by Rev. A. L. Frisbie of Des Moines, Iowa.

Solo by Mabelle Wagner-Shank.

The oath of office was then administered to Governor Warren Garst by Chief Justice Scott M. Ladd.

GOVERNOR GARST'S I N AU GUE A L ADDRESS.

Genf lerne» of the Joint Convention:

In laying down the gavel today, I close a 15-year service in the legis­lative halls of the State, and I beg your indulgence for a few remarks which i t seems to me are appropriate to the occasion. In that fifteen years much of permanent and inestimable value has been placed upon the statute books by you and your predecessors. I t has been an era large with the things making for the uplifting of our people and the up-build-lng of our beloved commonwealth.

This occasion does little more than mark another mile on the way. I am sure that those of you who continue In the work and others who follow, wiH meet the larger opportunities and greater responsibilities with patriotism and wisdom.

While not unmindful of the great work done by those who preceded you, including very much that is of enduring helpfulness to the state, brought to a successful conclusion by some of the most capable and high minded men that have served the people, I still feel that there is due you special praise for that which you have accomplished.

To this, the Thirty-second General Assembly, fell the duty of enacting into law a great <*̂ al of that which the experience of years had shown to be necessary. This duty extended to legislation affecting all the ac­tivities of the people. You have had the rare experience of meeting together after your work has been a t least in part given a practical test.

The material prosperity of the people has been greatly enhanced and the health of the people preserved, by the enactment of the pure food law. I t is perhaps one of the unfortunate things that men who take advanced positions in this and other remedial and reform legislation, meet with temporary disfavor on the part of those who are the real beneficiaries. This should not in any way discourage you, for unless you are willing

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to meet conditions of th i s kind you would be bu t l i t t le less t h a n t i m e servers, a charge t h a t In no sense applies t o you a s individuals or M P a body. I t is only a question of t ime when t h e importance of your work will be recognized and appreciated.

I a m one of those who believe t h a t i n enacting t h e indeterminate sen­tence law our state ha s started i n t h e r ight direction. I n loosening t h e bonds of cruel environment, opportunity has been given many a n unfor­tunate person t o re turn t o useful citizenship. The experience of mos t civilized countries i s t h a t punishment should, a s f a r a s posible, b e elimin­ated, bu t t ha t everything possible should be done along reformatory lituti. The conclusions of your commission appointed t o investigate t h i s g ran t subject seem t o m e t o afford ample justification fo r t h e law placed upon the statute books.

There can be no reasonable doubt eis to t he wisdom of t h e appropria­tions made by you and your predecessors for t h e betterment of o u r edu­cational institutions. No one, I a m sure, can Question your good judgment in making such magnificent provision fo r t h e agricultural college. I t seems to be the concensus of opinion t ha t t he material interests of t h e s ta te have been advanced each year many t imes the amount appropriated. I n addition t o th is t h e citizenship of t h e state has, f o r t h e present &o4 for all time, been greatly elevated. I th ink no one who h a s t h e CMf. Of the state a t hear t will question your wisdom i n providing for a university, a n institution t h a t i s tu rn ing out yearly a grea t numbef . of young people, whose presence in t he different sections of t h e state often act a s a veritable benediction. With a n expenditure of something l ike twelve million dollars for our common school system, nothing can be more essential than a well equipped normal school.

If I am not in error, history will accord to th i s legislature g rea t credit for what i t has done t o harmonize our political methods wi th o u r ideals and t h e ideals of t he founders of t h e republic. What you have done has, i n a large measure, I sincerely hope, removed forever some of t h e per­nicious influences t h a t surrounded your predecessors. While i n m y fifteen years' experience, I have never known of a well authenticated case of legislative wrongdoing on the pa r t of men entrusted w i t h t h e sacred responsibilities of making the laws of t he .state, I still feel thqX you have made i t easier for those who follow t o serve wi th fidelity interests of t he people a s a whole.

I t i s not too much t o say t h a t our constituents associate w i t h t h i s general assembly more often t h a n anything else t he passage of t h e p r imary bill. No legislation since the organization of t he s ta te h a s vindicated itself more quickly nor more completely than this. The action of t h e jo in t assembly today i s perhaps the most complete vindication of t h e law. I t has been, i t seems t o me, i n t h e hearts and minds of t h e people f o r ft long time, t ha t they should select the i r respresentatives i n t h e Sena t» of t he United States. I n accepting t h e mandate of t h e voters of Iowa you have today come jus t as near t o th i s a s i t i s possible under t h e Federal Constitution. Your successors will no doubt find some fea tures of

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134 JOURNAL OP THE HOUSE. [November 24,

the law that will need slight amendment; but the principle of the law has been, I hope, placed Indelibly on the statute books of the state.

You are the representatives of one of the greatest people on this big earth. I t is no wonder you have had just pride in serving them and tha t you rejoice in the material prosperity of their state.

Beautiful land, especially favored by an all-wise creator, home of a happy and sturdy people intelligently represented in executive, judicial and legislative hall since the state's organization.

The important work before you has been well done. You entered courageously into the spirit of the time—the purpose to make our public life and our political methods square with the eternal principles of right and justice. Your successors will have a great task, for which I have no doubt they will prove competent, that of keeping abreast of the movement started by you and your immediate predecessors.

Among you are some who have been associated with me during all the years of my public service. I appreciate these old time friends. There are still others among you of shorter acquaintanceship, but there is not one so fa r as I know, for whom I do not have the kindliest feelings. In fact, you will agree with me that the only compensation for men occupying the exalted position you do is; first duty well done, and secondly, lasting friendships made. I am, to a large degree, the beneficiary of the latter.

Your action today has placed upon me a new responsibility and duty, though it. be but for a short time. I confess to a feeling of timidity in taking up the unfinished work of my predecessor, one whose brilliant career as chief executive of the state will, for all time, illuminate our history. Today he has completed a "record made possible by your hearty co-operation in the enactment of the remedial legislation of the last few sessions and especially the session of the Thirty-second General Assembly.

I n accepting the responsibilities that attach to the executive office I can only pledge to you, and through you to the people of the state, my undying loyalty.

Senator Gillilland moved that the address of Governor Garst be printed i n the Journal of the Joint Convention.

Motion prevailed.

Solo b y Mabelle "Wagner-Shank.

Senator Gillilland moved that a vote of thanks be tendered Mabelle "Wagner-Shank, for the delightful entertainment wi th which she has favored the Joint Convention.

Motion prevailed.

O n motion of Hambleton of Mahaska the Joint Convention dissolved.

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House reconvened.

Speaker Kendall in the chair.

Van Houten of Taylor presented the following Concurrent Reso­lution and moved its adoption:

" B e it resolved by the House, the Senate concurring, that this General Assembly adjourn sine die November 24, 1908, a t 5 o "clock p. m.

Motion prevailed and resolution was adopted.

MESSAGES FROM THE SENATE.

The following messages were received from the Senate :

M E . S P E A K E R , — I am directed to inform your honorable body that the Senate has concurred in House Amendments to Senate File No. 5 in which the concurrence of the Senate was asked.

G E O . A . N E W M A N ,

Secretary.

Also:

M B . S P E A K E R , — I am directed to inform your honorable body that the Senate has concurred in House Concurrent Resolution relative to final adjournment, in which the concurrence of the Senate was asked.

G E O . A . N E W M A N ,

Secretary.

Weeks of Guthrie moved that Congressman-elect N. E . Kendall of the Sixth District, be heard.

Speaker Kendall in feeling words spoke of his happy associa­tions and memories while a member of the assembly.

The hour having arrived for final adjournment, the Speaker declared the House of Representatives of the Thirty-second General Assembly in extra adjourned session, adjourned sine die.

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H O U S E BILLS.

INTUODÜCTION A N D ACTION.

H. F . Page . 1—By Paul . T o a m e n d the l a w

a s i t a p p e a r s i n chap te r fifty-one (61 ) of t h e a c t s of t h e thir ty-second gen­e r a l assembly, re la t ing t o t h e expression of choice of candidates f o r s ena to r i n t h e congress of t h e Uni ted States.

Introduced 9 Refe r red 10 Reported w i t h amendments 74 Subst i tute recommended b y minori ty repor t 77 Subst i tu te r e j e t t ed 79-80 Amendments adopted 80 Passed 80-81 Explana t ion of vo te 81 Amended a n d passed sena te 100 House concurs 103-104 Enrolled 113-114 Sent t o t h e governor 113 Signed 115

2—By Weeks. Providing f o r t h e nominat ion of Uni ted S ta te s sena to r s b y a p r i ­m a r y vote a t t h e r egu la r general election.

Introduced 28 Refer red 30 Reported unfavorab ly 96 Indefinitely postponed 96

3—By Reitz. Appropr ia t ing five., thousand ($5,000.00) dol­l a r s f o r t h e purpose of a s ­s is t ing i n t h e holding of a centennial commemoration of t h e establ ishment of

H . F - P a g e F o r t Madison a n d f o r a sui table m o n u m e n t t o p r e ­se rve t o pos te r i ty t h e lo­ca t ion of t h i s f o r t a s o n e of t h e a d v a n c e p o s t s m a r k i n g t i m e in t h e p r o ­g r e s s of civilization i n i t s w e s t w a r d course u p o n t h i s cont inent .

In t roduced 30 Refe r r ed t o t h i r t y - th i rd genera l assembly 31

4—By Arney . P rov id ing f o r t h e nominat ion of cand i ­d a t e s f o r sena to r i n t h e congress of t h e U n i t e d S ta te s b y direct vo te of t h e qualif ied e lec tors of t h e s t a t e of Iowa.

In t roduced 31 Refe r r ed 32 Repor ted u n f a v o r a b l y 97 Indefinitely postponed 97

5—By Hackle r . T o m a k e a p p r o ­pr ia t ions f o r t h e p a y m e n t of t h e compensat ion of m e m b e r s of t h e t h i r t y -second genera l a s sembly a t e x t r a session, a n d o t h e r expenses.

Int roduced 105 T a k e n u p a n d cons ide red . . 106 P a s s e d 106-107 Amended a n d passed s e n a t e 107 H o u s e concurs .107-108 Enrol led 114 Sent t o t h e governor 114 Signed 115

HOUSE JOINT RESOLUTION.

INTRODUCTION A N D ACTION.

- M a k i n g application t o con­g ress f o r t h e cal l ing of a convention f o r proposing amendments t o t h e consti­tu t ion of t h e Uni ted States .

In t roduced 90 i P o i n t of o r d e r r a i sed t h a t resolution h a d a l r e a d y been ac t ed o n a t r e g u l a r session 96 P o i n t of o r d e r sus ta ined 96

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138 HOUSE CONCURRENT RESOLUTIONS

HOUSE CONCURRENT RESOLUTIONS.

INTRODUCTION A N D ACTION.

By Kendall . Appointment of jo int committee t o p repare a n d present sui table memorial respecting t h e l i fe a n d public services of Senator Wil l iam B. Allison. Offered, 1 1 ; adopted, 12 ; Senate concurs, 13-14.

By DeMar. Relat ive t o holding joint convention Tuesday, September 8, 1908, to elect senator in t h e congress of t h e United S ta tes t o succeed Wil l iam B. Allison. Offered a n d referred, 11 ; reported w i th amendment , 19 ; report of com­mi t tee adopted, 24-25.

B y Miller of Bremer. Adjournment sine die a t noon September 3, 1908. Offered, 14 ; subst i tute offered, 14 ; consideration postponed, 15 ; sub­s t i tu te amended, 23 ; substi tute f o r subst i tu te offered, 23 ; both subst i tu tes lost, 24.

B y Hambleton. Appointment of jo in t committee t o prepare memorial resolutions i n honor of Hon . L u ­d e n C. Blanchard. Offered a n d adopted 17 ; Senate concurs, 33.

B y Price. Appointment of jo int com­mit tee to p repa re memorial reso­lutions in honor of Hon. M. A. Dashiell . Offered and adopted, 38 ; Senate concurs, 41.

B y Offill. Adjournment September 11, 1908, t o reconvene November 16,

1908, to r a t i f y choice of p r imary f o r Uni ted S ta te s senator. Of­fered, 81 ; subst i tute offered, 81 ; subs t i tu te amended a n d lost, 82 ; original resolution amended, 82-83 ; lost, 84.

B y Bixby. Publication and distri­but ion of 3,000 pamphlet copies of memorial addresses i n honor of Will iam B . Allison. Offered a n d adopted, 98 ; Senate concurs, 112.

By Miller of Bremer. Adjournment sine die a t 3 P . M., September 10, 1908. Offered, 98 ; made a special order, 9 8 ; considered, 108; amended, 109-110; resolution aa amended adopted, 110-111 ; ex ­planat ion of vote, 111 ; Senate con­curs, 111. .

By McAllister. P r in t ing and distr ibu­tion of pamphlets containing me­mor ia l resolutions adopted b y House a n d Senate. Offered, 99 ; lost, 99.

By Sullivan. Extending use of base­m e n t a n d corridors of capitol t o t h e Nat ional Creamery Butter* maker s ' Association f o r exhibition purposes. Offered and adopted, 117; Senate concurs, 120.

By V a n Houten. Adjournment s ine die November 24, 1908, a t 5 o'clock P . M. Adopted, 135 ; Senate con­curs , 135.

SENATE BILLS.

R E C E P T I O N A N D ACTION.

S. P . Page . 3—Providing f o r t he publication

a n d ditr lbution of t he a c t s of t he ext raordinary session of t h e thirty-sec­ond genera l assembly.

Received 100 Considered 104 Passed 105 Signed 115

4—Appropriat ing t h e sum of sixty-seven ($67.00) dol­l a r s t o cover t h e expense of t h e memorial services incurred b y t he general

8 . F , Page assembly in holding exer­cises i n honor of the l a t e Senator Allison.

Received . . . . i 112 Considered 112 Passed 112-113 Signed 115

5—Making appropriat ions f o r expenses of t he inaugura­tion of Governor W a r r e n G a r s t a n d other expenses.

Received 129 Amended 129-180 Passed 130

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SENATE CONCURRENT RESOLUTIONS 139

SENATE CONCURRENT RESOLUTIONS.

R E C E P T I O N A N D ACTION.

Relative t o holding joint convention a n d invit ing Governor Alber t B. Cummins t o r e a d h i s message t o same. Received, 3 ; House concurs, 3.

Relat ive to holding jo in t convention a t noon, September 8, 1908, t o elect a senator i n t h e congress of t h e Uni ted S ta te s t o succeed t h e l a t e Senator Wil l iam B. Allison. Received, 19 ; House concurs, 26-27.

Relative t o adoption of joint r u l e s of

t h e th i r ty-second g e n e r a l a s s e m ­bly a s jo in t ru les of e x t r a session. Received, 13 ; l a id o v e r u n d e r rules, 26 ; H o u s e concurs , 28.

Relative t o holding j o i n t convention f o r memor ia l exerc ises in honor of Sena tor Wi l l i am B . Allison. Received, 33 ; H o u s e concurs , 34 ; Senate reconsiders a n d amends , 36 ; House concurs, 36.

Relative t o appo in tment of j o i n t c o m ­mi t t ee o n inaugura t ion . Received, 117 ; H o u s e concurs, 117.

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I N D E X PAOB

ACTS—Of extra session, printing and binding of, Senate File No. 3 . . 100

ALLISON, WILLIAM B.—Concurrent resolution relative t o appoint­ment of committee to prepare memorial resolutions i n honor of 11, 12, 13, 14

Concurrent resolution relative to holding joint convention f o r memorial exercises in honor of 33, 34, 36

Joint convention held, memorial exercises, program 57 Memorial resolutions reported and adopted 57, 58, 59 Remarks by Senators Frudden, Allen and Saunders, and Rep­

resentatives Harding and Hackler 59-73 Publication of addresses in pamphlet form, concurrent reso­

lution 98, 112 Appropriation to defray expenses of memorial exercises, Sen­

ate File No. 4 112

ALLRED, WILLIAM P.—Representative Fi f th District. Answers "present" a t roll cal l . . 1, 18, 23, 34, 37, 41, 99, 116 Appointed on special committee 56 Explanation of vote ; 43 Makes request 34 Mileage due 20 Motion by 11 Offers resolution 11 Present a t joint conventions 4, 91, 101, 120, 131

ANDERSON, WILLIAM—Representative Sixty-third District. Answers "present" a t roll call 1, 18, 23, 34, 41, 99, 116 Makes request 34 Mileage due 20 Motion by 104 Present a t joint conventions 4 91, 101, 120, 131

APPROPRIATION—To aid in holding centennial commemoration of establishment of Ft . Madison, House File No. 3 30

For compensation of members of Thirty-Second General Assem­bly, extra session, House File No. 5 105, 106

To defray expenses of Allison memorial exercises, Senate File Ño. 4 *112

To defray expenses of Inauguration, etc., Senate File No. 5 129

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142 INDEX PAGE

ARNEY, WALLACE H.—Representative Fifty-first District. Answers "present" a t roll cal l . . 1, 18, 23, 34, 37, 41, 99, 116 Introduces House Pile No. 4 31 Leave of absence 34, 37 Mileage due 20 Present a t joint conventions 4, 91, 101, 120, 131

BAIRD, E . D.—Representative Fortieth District. Answers "present" a t roll call . . 1, 18, 23, 34, 37, 41, 99,116 Leave of absence 116 Makes request 37 Mileage due 20 Present a t joint conventions 4, 91, 101

BAKER, A. J.—Vote received by, for U. S. Senator 43, 94, 103

BALLUFF, FRANK—Representative Forty-third District. Answers "present" a t roll ca l l . . l , 18, 23, 34, 37, 41, 99, 116 Mileage due 20 Present "at joint conventions 4, 91, 101, 120

BASCOM, J . L.—Representative Ninety-seventh District. Answers "present" a t roll cal l . . 1, 18, 23, 34, 37, 41, 99, 116 Mileage due 20 Present a t joint conventions 4, 91, 101, 120', 131

BAUMAN, S. H.—Representative Second District. Answers "present" a t roll call . . 1, 18, 23, 34, 37, 41, 99, 116 Makes request 38 Mileage due 20 Present a t joint conventions 4, 91, 101, 120, 131

BEERY, ENOCH—¡Representative Twentieth District. Answers "present" a t roll call . . 1, 18, 23, 34, 37, 41, 99,116 Appointed on standing committee—Elections 8 Explanation of vote 44 Mileage due 20 Present a t joint conventions 4, 91, 101, 120, 131

BENEDICT, C. R.—Temporary chief clerk, elected and qualified . . . . 1 Permanent chief clerk, elected and qualified 2 Assigns seats in press gallery .' 8 Authorized to correct Journal of September 10, 1908 115 Signs certificate of election 124

BILLS—(See House Bills) (See Senate Bills).

BIXBY, R. J.—Representative Sixty-eighth District. Answers "present" a t roll cal l . . 1, 18, 23, 34, 37, 41, 99, 116 Explanation of vote 44 Mileage due ". 20 Motion by 98

•Offers resolution 98 Present a t joint conventions 4, 91, 101, 120, 131 Presents petition 39

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INDEX 143

PAQB BLACKMORE, A. C.—Representative Ninety-fourth District.

Answers "present" a t roll cal l . . 1, 18, 23, 34, 37, 41, 99, 116 Appointed on special committee 40 Mileage due 20 Present a t joint conventions 4, 91, 101, 120, 131

BLANCHARD, LUCIEN C.—Appointment of joint committee to pre­pare memorial resolutions In honor of, concurrent reso­lution 17, 33

Committee appointed 17, 33 Memorial resolutions 87

BONWELL, JOHN C.—Representative Thirty-fourth District. Answers "present" a t roll cal l . . 1, 18, 23, 34, 37, 41, 99, l i f t Explanation of vote 44 Mileage due 20 Present a t joint conventions 91, 101, 120, 131

BRANDES, H. C.—Representative Thirty-first District. Answers "present" a t roll cal l . . 1, 18, 23, 34, 37, 41, 99, 116 Explanation of vote 45 Makes request 38 Mileage due 20 Present a t joint conventions 4, 91, 101, 120, 131

BROWN, AVERY—Assigned seat in press gallery 8

CALKINS, GEORGE C.—Representative Thirteenth District. Answers "present" a t roll ca l l . . 1, 18, 23, 34, 37, 41, 99, 116 Mileage due 20 Present a t joint conventions 4, 91, 101, 120

CANVASS—Of votes cast on United States Senator 92, 93

CASSADY, E. M.—Representative Fifty-seventh District. Answers "present" a t roll cal l . . 1, 18, 23, 34, 37, 41, 99, 116 Appointed on joint committee 3 Explanation of vote 45 Mileage due 20 Present a t joint conventions 4, 91, 101, 120, 131

CERTIFICATE—As to votes cast for Republican candidates for United States Senator a t primary election 118

CERTIFICATE OF ELECTION—Of Albert B. Cummins as United States Senator 122

CHAPLAINS— The following officiated:

Name. Page. Name. Page. Douglass, Rev. E. E 39 Medcalf, Rev. J . B 74 Frlsbie, Rev. A. L 9 Moses, Rev. R. R 28 Ilsley, Rev. C. T 13 Sweet, Rev. C. "W 1 Jester, Rev. Joshua 96 Van Houten, Rep. G. H 36 Medbury, Rev. C. S 116 Yates, Rev. W. N 19

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144 INDEX

PAGB CHICAGO EXAMINER—Representative of, assigned seat in press

gallery 8

CHICAGO INTER-OCEAN—Representative of, assigned seat in press gallery . 8

CHICAGO RECORD-HERALD—Representative of, assigned seat in press gallery 8

CHIEF CLERK—Elected and qualified : 1, 2 Reads part of journal of House for Tuesday, September 8, per­

taining to vote for United States Senator 92 Authorized to correct House Journal of September 10th . . . 115 Assistant, elected and qualified 2, - 3 Signs certificate of election 124

CHIEF DOORKEEPER—Elected and qualified 2, 3

CLARKE, JAMES F.—Representative Nineteenth District. Answers "present" a t roll call 1, 18, 23, 34, 41, 99 Demands roll call 79 Leave of absence 38 Mileage due 20 Present a t joint conventions 4, 91, 101

CLARKE, GEO. W.—Vote received for United States Senator. 42, 94, 102

CLARY, TIM C—Representative Eighty-ninth District. Answers "present" a t roll call 1, 18, 23, 34, 37, 41, 99 Appointed on special committee 17, 40 Makes request 37 Mileage due 20 Present a t joint conventions 4, 91, 101

COMMITTEES, JOINT—To invite Governor Albert B. Cummins to read message to joint convention 3, 4

To prepare resolutions on life and services of Lucien C. Blanch­ard 17, 33, 87

To prepare resolutions on life and services of "William B. Alli­son 14, 17, 57

To prepare resolutions on life and services of M. A. Dashiell 41, 89 On inauguration 117, 119

COMMITTEES, SPECIAL—To notify Senate tha t House is organized 2 To notify Governor tha t House is organized 2 To notify Senate that House is ready to receive i t 3, 56, 91, 100 On mileage 12, 20. To prepare resolutions on life and services of Joseph H.

Evans 17, 85 Andrew J . Jewell • 17, 86 K. R. Madden 23, 98 Wm, H. Hickey 33, 97 George W. Hayzlett 40, 84 D. F . Hoover 40, 85

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INDEX 145 P A G E

COMMITTEES, STANDING— Elections—Appointed 8

Bills referred to . . 10, 30, 32 Clerk for 16 Petitions referred to 13, 22, 40 Resolutions referred to , 11 Reports of 19, 74, 96, 97 Minority report of 77

Retrenchment and Reform. Resolution referred to . 11 Report of 16

Enrolled Bills—Appointed 100 Reports of 113, 114

Enrolled Bills, joint committee on. Reports of 114

COMPENSATION—Of members of the Thirty-second General As­sembly, in extra session, House Pile No. 5 105, 106

CONCURRENT RESOLUTIONS—House, By Kendall, Appointment of joint committee, to prepare and

present suitable memorial respecting the life and public services of Senator William B. Allison. Offered 11 Adopted 12 Senate concurs 13, 14

By DeMar, Relative to holding joint convention Tuesday, September 8, 1908, to elect Senator in the congress of t h e United States to succeed "William B. Allison. Offered and referred 11 Reported with amendment 19 Report of committee adopted 24, 25

By Miller of Bremer, Adjournment sine die a t noon, September 3, 1908. Offered 14 Substitiute offered 14 Consideration postponed 15 Substitute amended 23 Substitute for substitute offered 23 Both substitutes lost 24

By Hambleton, Appointment of joint committee to prepare me­morial resolutions in honor of Hon. Lucien C. Blanchard. Offered and adopted 17 Senate concurs 33

By Price, Appointment of joint committee to prepare memorial resolutions in honor of Hon. M. A. Dashiell. Offered and adopted 38 Senate concurs 41

By Offlll, Adjournment September 11, 1908, to reconvene Novem­ber 16, 1908, to rat ify choice of primary for Senator in t he congréss of the United States. Offered 81 Substitute offered 81

10

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146 INDEX Pagb

CONCURRENT RESOLUTIONS—House-Continued. By Offill—Continued.

Substitute amended and lost 82 Original resolution amended 82, 83 Lost 84

By Blxby, Publication and distribution of 3,000 pamphlet copies of memorial addresses in honor of William B. Allison. Offered and adopted 98 Senate concurs 112

By Miller of Bremer, Adjournment sine die a t 3 p.m., September 10, 1908. Offered 98 Made a special order 98 Considered 108 Amended 109, 110 Resolution as amended adopted 110, 111 Explanations of vote I l l Senate concurs I l l

By McAllister, Printing and distribution of pamphlets contain­ing memorial resolutions adopted by the house and senate. Offered 99 Lost 99

By Sullivan, Extending use of basement and corridors of Capitol to the National Creamery Buttermakers' Association for exhibition purposes. Offered and adopted 117 Senate concurs 120

By Van Houten, Adjournment sine die, November 24, 1908, a t 5 p.m. Offered and adopted 135 Senate concurs 135

CONCURRENT RESOLUTIONS—Senate. Relative to holding joint convention and inviting Gov. Albert

B. Cummins to read his message to same. Received 3 House concurs 3

Relative to holding joint convention a t noon, September 8, 1908, to elect Senator in the congress of the United States to suc­ceed the late Senator W. B. Allison. Received 19 House concurs 26, 27

Relative to adoption of joint rules of the Thirty-second General Assembly as joint rules of extra session. Received 13 Laid over under rules 26 House concurs 28

Relative to holding joint convention for memorial exercises in honor of Senator William B. Allison. Received 33

, House concurs 34 Senate reconsiders and amends 36 House concurs 36

Relative to appointment of joint committee on inauguration. Received • 117 House concurs 117

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INDEX 147 F A C H S

CONN, STANLEY—Representative Seventy-third District. Answers "present" a t roll call 1, 18, 23, 34, 41, 99, 116 Leave of absence 38 Mileage due 20 Present a t joint convention 4, 91, 101, 120, 131

CORRIE, S. M.—Representative Fifty-Ninth District. Answers "present" a t roll call 1, 18, 23, 34, 41, 99, 116 Leave of absence 37 Mileage due 20 Present a t joint conventions 4, 91, 101, 120, 131

COTTRELL, J- C.—Representative Eightieth District. Answers "present" a t roll call 18, 23, 34, 37, 41, 99 Mileage due 20 Present a t joint conventions 91, 101

CUMMINS, ALBERT B.—Concurrent resolution relative to inviting, to read his message to joint convention i 3

Nominated for United States Senator 93 Vote received by, for United States Senator.. 42, 93, 101, 102, 121 Vote received by, a t Senatorial primary election 118 Declared elected United States Senator 122 Committee appointed to notify, of his election 125 Escorted'to speaker's station 125, 132 Addresses joint convention 125 Resigns the office of Governor 129

CURTIS, GEORGE M.—Vote received by, for U. S. Senator 94, 102

DARR AH, JOHN H., Representative Sixteenth District. Answers "present" a t roll call.. 1, 18, 23, 34, 37, 41, 99, 116 Appointed on standing committee—Elections, Chairman 8 Makes request 37 Mileage due 20 Motions by 24, 80, 103 Present a t joint conventions 4, 91, 101, 120, 131 Submits report of committee 19, 74, 96, 97

DASHIELL, M. A.—Appointment of joint committee to prepare reso­lutions on life of, concurrent resolution 38, 41

Committee appointed 41 Memorial resolutions, as reported by committee 89

DAVENPORT DEMOCRAT—Representative assigned seat in press gallery 8

DAWSON, ALBERT F.—Vote received by, for United States Senator 43

DE MAR, JOHN C.—Representative Third District. Answers "present" a t roll call.. 1, 18, 23, 34, 37, 41, 99, 116 Appointed on special committee 91 Appointed on standing committee—Elections ; 8 Calls up Senate concurrent resolution 26 Demands roll call 110

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148 INDEX PAGE

DE MAR, JOHN 0.—Continued, Mileage due 20 Motions by 26, 27 Offers resolution 11 Present a t joint conventions 4, 91, 101, 120, 131 Submits minority report of committee 77

DES MOINES CAPITAL—Representative of, assigned seat in press gallery 8

DES MOINES DAILY NEWS—Representatives of, assigned seat In press gallery 8

DES MOINES REGISTER AND LEADER—Representative of, as­signed seat in press gallery 8

DEWELL, Hiram—Representative Forty-fourth District. Answers "present" a t roll call 1, 18, 23, 34, 37, 99 116 Explanation of vote 46 Mileage due : 20 Present a t joint conventions , 4, 91, 101, 120, 131

DODDS, WILLIAM D.—Representative Twenty-first District. Answers "present" a t roll call 1, 18, 23, 34, 41, 99 Leave of absence 37 Mileage due 20 Present a t joint conventions 4, 91, 101

DOORKEEPER, CHIEF—Elected and qualified 2, 3

DORAN, JUSTIN R.—Representative Fifty-third District. Answers "present" a t roll ca l l . . 1, 18, 23, 34, 37, 41, 99, 116 Makes request 37 Mileage due 20 Present a t joint conventions 4, 91, 101, 120, 131

DOUGLASS, REV. E- E.—Officiates as Chaplain 39

DOW, D. W.—Representative Seventy-fourth District. Answers "present" a t roll cal l . . 1, 18, 23, 34, 37, 41, 99, 116 Appointed on special committee 2 Appointed on joint committee 17 Explanation of vote 46 Makes request 38 Mileage due 20 Motions by 2, 38, 73, 128 Present a t joint conventions 4, 91, 101, 120, 131

DRURY, WILL—Representative Sixtieth District. Answers "present" a t roll call 1, 18, 23, 34, 41, 99, 116 Appointed on special committee 2 Leave, of absence 38 Mileage due 20 Present a t joint conventions 4, 91, 101, 120, 131

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INDEX 149

Paqb DUBUQUE TELEGRAPH-HERALD—Representative assigned seat i n

press gallery 8

DUBUQUE TIME S-J OtfRN AL—Representative assigned seat in press gallery 8

DUNN, HENRY—Representative Forty-sixth District. Answers "present" a t roll cal l . . 1, 18, 23, 84, 37, 41, 99, 116 Appointed on special committee 131 Explanation of vote 46 Mileage due 20 Present a t joint conventions 4, 91, 101, 120, 131

DYE, C. C.—Representative Sixth District. Answers "present" a t roll call 1, 18, 23, 37, 41, 99, 116 Explanation of vote 47 Leave of absence 34 Mileage due . 20 Present a t joint conventions 4, 91, 101, 120, 131

DYE, WILLOUGHBY—Representative Thirty-first District. Answers "present" a t roll cal l . . 1, 18, 23, 34, 37, 41, 99, 116 Appointed on special committee 120 Explanation of vote 47 Mileage due 20 Present a t joint conventions 4, 91, 101, 120, 131

EARLE, WILLARD Ç.—Representative Ninetieth District. Answers "present" a t roll call 1, 18, 23, 34, 37, 41, 99 Appointed on joint committee 3 Appointed on special committee . . 33 Mileage due 20 Present a t joint conventions 4, 91, 101

ELECTION, PRIMARY—Expression of choice of candidates for United States Senator, House File No. 1 9

House File No. 2 28 House File No. 4 31

ELECTIONS, SPECIAL COMMITTEE ON—Appointed 8 Clerk for ? 16 Bill referred to 10, 30, 32 Petition referred t o : 13, 22, 40 Resolution referred to -11 Report of 19, 74, 96, 97 Minority report of 77

ELLIOTT, JESSE D.—Representative Ninth District. Answers "present" a t roll call 1, 18, 34, 37, 41, 99, 116 Explanation of vote 48 Leave of absence 34 Mileage due 20 Present a t joint conventions 4, 91, 101, 120, 131

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150 INDEX Paqb

EMPLOYES OF HOUSE—Elected and qualified 1, ' 2, 3 Resolution relative to additional employes 11 Appointment of additional 16

ENROLLED BILLS—Committee on, appointed 100 Reports of 113, 114

EVANS, JOSEPH H.—Resolution to appoint committee to prepare resolutions on life and services of IT

Committee appointed 17 Memorial resolutions 85

EXPLANATION OF VOTES 43-56, 81, 111

FEAY, SAMUEL A.—Representative Ninety-ninth District. Answers "present" a t roll call 1, 18, 23, 34, 37, 41, 99 Mileage due 20 Present a t Joint conventions 4, 91, 101

FEELY, GUY A.—Representative Sixty-sixth District. Answers "present" a t roll call.. 1, 18, 23, 34, 37, 41, 99, 116 Appointed on special committee 40 Mileage due 20 Motion by 2 Offers resolution 40 Present a t joint conventions 4, 91, 101, 120, 131 Submits report of committee 84, 85

FELT, B. F., JR.—Representative Eighty-third District. Answers "present" a t roll call. . 1, 18, 23, 34H 37, 41, 99, 116 Makes request 37 Mileage due 20 Present a t joint conventions 4, 91, 101, 120, 131

FENN, JOEL M.—Representative Fifteenth District. Answers "pre3ent" a t roll call. . 1, 18, 23, 34, 37, 41, 99, 116 Makes request 38 Mileage due 20 Offers memorial resolution 25 Present a t joint conventions 4, 91, 101, 120, 131

FLUGUM, C. N.—Representative Ninety-fifth Distrist. Answers "present" a t roll call 18, 23, 34, 37, 41, 99, 116 Mileage due 21 Present at joint conventions 91, 101, 120, 131

FORT MADISON—Appropriation to aid centennial commemoration of establishment of, House File No. 3 30

FOX, JOHN—Representative Thirty-sixth District. Answers "present" a t roll call 1, 18, 23, 34, 41, 99, 116 Explanation of vote 48 Leave of absence 34, 38 Mileage due 21 Present a t joint conventions 4, 91, 101, 120

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Paqb FRISBIE, REV. A. L.—Officiates a s chaplain 9

Pronounces invocation 57, 132

FRISK, E . J.—Assistant chief clerk, elected and qualified 2, 3

FUNK, A. B.—Vote received by, f o r United States Senator. » 42, 94, 103

GARRETT, TRACY—Assigned seat i n press gallery 8

GARST, WARREN—Lieutenant Governor and President of Senate. Announces no election for United States Senator 94, 103 Calls joint conventions t o order 4, 57, 91, 100, 120 Declares constitutional majori ty present a t jo in t conventions

4, 92, 101, 121 Declared Albert B. Cummins elected United States Senator . . 122 Appoints special committees 57, 125 Vote received by, for United States Senator 94, 102 Program reported for inauguration of, a s Governor of Iowa 119 Signs certificate of election 124 Escorted to speaker's station 132 Oath of . office administered to, by Chief Just ice Ladd 132 Inaugural address of 132

GENEVA, THOS.—Representative Twenty-fourth District. Answers "present" a t roll ca l l . . 1, 18, 23, 34, 37, 41, 99, 116 Appointed on standing committee—Elections 8 Explanation of vote 81, 111 Mileage due 21 Present a t joint conventions 4, 91, 101, 120, 131

GOVERNOR—Committee to notify, t h a t House i s organized 2 Message f rom 5 Reads message before joint convention 7 Escorted to speaker's station 57 Program for inauguration of Warren Garst 119 Albert B. Cummins resigns a s 129 Warren Garst takes oath of office 132 Warren Garst delivers inaugural address 132

GREENWOOD, C. G.—Representative Eleventh District. Answers "present" a t roll call 1, 18, 23, 34, 37, 41, 99 Explanation of vote 48 Leave of absence 116 Mileage due 21 Present a t joint conventions 4, 91, 101

GRIER, GEO. E.—Representative Thirty-ninth District. Answers "present" a t roll ca l l . . 1, 18, 23, 34, 37, 41, 99, 116 Appointed on special committee 12, 9 1 Appointed on standing committee—Elections 8 Mileage due 21 Motions by 12, 33, 91, 97 Present a t joint conventions 4, 91, 101, 120, 131 Submits report of committee 20, 95

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PAC» HACKLEE, CHAS. W•—Representative Sixty-second District.

Answers "present" a t roll cal l . . 1, 18, 23, 34, 37, 41, 99, 116 Appointed on standing committee—Elections 8 Appointed on joint committee 17, 117 Introduces House File No. 5 105 Mileage due 21 Motions by . 106, 107, 108, 112 Present a t joint conventions 4, 91, 101, 120, 131 Remarks by, on life and services of Senator Wm. B. Allison . . . 61

HAINES, T. E.—Memorial resolution in honor of 16

HAMBLETON, A. F . N.—Representative Twenty-fifth ' District. Answers,"present" a t roll cal l . . 1, 18, 23, 34, 37, 41, 99,116 Appointed on joint committee 17, 125 Appointed on special committee 17 Appoints special committee while presiding 100 Explanation of vote » 49 Leave of absence 34 Makes request 34, 37 Mileage due 21 Motions by 3, 14, 56, 73, 125, 134 Offers substitute concurrent resolution 14 Offers resolutions 16, 17 Present a t joint conventions 4, 91, 101, 120, 131 Presents memorial 22 Presides ~.. 36, 3.9, 96, 99,103, 104 Remarks by, on life and services of Lucien C. Blanchard 88 Signs bills 115 Submits report of committee 85, 86, 87

HANNA, W. H.—Representative Forty-ninth District. Answers "present" a t roll cal l . . 1, 18, 23, 34, 37, 41, ' 99, 116 Explanation of Vote 50 Leave of absence 37 Mileage due 21 Present a t joint conventions 4, 91, 101, 120, 131

HANSON, THOR. O.—Representative Seventy-sixth District. Answers "present" a t roll call . . . . 1, 18, 23, 34, 41, 99, 116 Appointed on joint committee 117 Appointed to escort Hon. G. L. Tremain to platform 57 Leave of absence 34, 38 Mileage due 21 Motion by 57 Present a t joint conventions 4, 91, 101, 120, 131

HARDING, W. L.—Representative Fifty-eighth District. Answers "present" a t roll cal l . . 1, 18, 23, 34, 37, 41, 99, 116 Appointed on joint committee 117 Appointed on standing committee—Elections 8 Explanation of vote . . 50

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PAoa HARDING, W. L.—Continued.

Mileage due 21 Motion by 83 Present a t joint conventions 4, 91, 101, 120, 131 Remarks by, on life and services of Senator Wm. B. All ison. . 66

HARVEY MAHLON—Representative Ninety-eighth District. Answers "present" a t roll call 18, 23, 34, 37, 41, 99, 116 Explanation of vote 50 Mileage due 21 . Present a t joint conventions 91, 101, 120, 131

HAUGEN, GILBERT N.—'Vote received by, for United States Senator 42 HAYZLBTT, GEORQE W —Appointment pf ppippiittße t o prepare reso­

lutions on life of, resolution 40 Committee appointed 40 Memorial resolutions, a s reported by committee 84

HAZELTON, J . W.—Sergeant-at-arms, elected and qualified 2, 3 HELES, PHILIP—Representative Sixty-ninth D.istrict.

Answers "present" a t roll cal l . . 1, 18, 23, 34, 37, 41, 99, 116 Appointed on joint committee 17 Leave of absence • 38 Makes request 37 Mileage due 21 Present a t joint conventions 4, 91, 101, 120, 131

HEPBURN, W. P.—Vote received by, for United States Senator . . 42, 94 HICKEY, WILLIAM H.—Resolution directing sergeant-at-arms to prop­

erly drape desk of, during t he session 11 Appointment of committee to prepare resolutions on life of . . 33 Memorial resolutions 97

HILL, JOSEPH—Assigned seat in press gallery 8 HOLMES OTIS H.—Representative Eighty-flfth District.

Answers "present" a t roll call 99, 116 Mileage due 95 Present a t joint conventions 91, 101, 120, 131

HOOVER, D. F.—Appointment of committee to prepare resolutions on life of 40

Memorial resolutions : 85 HOUSE JOURNALS—Printing, binding and distribution, Senate File

No. 3 100

HOUSE. BILLS— H. F . No. 1, by Paul. To amend the law as i t appears in chap­

ter fifty-one (51) of the acts of the Thirty-second General Assembly, relating to the holding of party primary elec­tions for the expression of choice of candidates fo r senator in the congress of the United States. Introduced. 9 Referred ' 10 Reported with amendments 74 Substitute reported by minority 77

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HOUSE BILLS—Continued. H . F . No. 1, by Paul—Continued.

' Substitute lost 79, 80 Amendments adopted 80 Passed . 80, 81 Explanation of vote 81 Amended and passed senate 100 House concurs 103, 104 Enrolled 113, 114 Signed 116 Sent to governor I IS

House File No. 2, by Weeks. Providing fo r the nomination of United States Senators by a primary vote a t the regular election. Introduced 28 Referred 30 Reported unfavorably 9ft Indefinitely postponed 9$

House Pile No. 3, by Reitz. Appropriating five thousand dollars ($5,000.00), for the purpose of assisting in the holding of the centennial commemoration of the establishment of Fort Madison and for a suitable monument to preserve to pos­terity the location of this for t as one of the advanced posts marking time In the progress of civilization in its westward course upon this continent. Introduced 30 Referred to Thirty-third General Assembly 31

House File No. 4, by Arney. Providing for the nomination of candidates for Senator in the congress of the United States by direct vote of the qualified electors of the state of Iowa.

, Introduced 31 Referred 32 Reported unfavorably 97 Indefinitely postponed 97

House File No. 5, by Hackler. To make appropriations for the payment of the compensation of members of the Thirty-second General Assembly a t extra session and other ex­penses. Introduced 10& Considered 108 Passed 106, 107 Amended and passed senate 107 House concurs 107, 108 Enrolled 114 Sent to governor 114 Signed 115

HOUSE JOINT RESOLUTION-NO. 1, by Paul. Making application to congress for the calling

of a convention for proposing amendments to the constitu­tion of the United .States. Introduced 90 Point of order raised that resolution had already been acted

on a t regular session 90 Point of order sustained 98

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HUME, THOS. H.—Representative Ninety-third District. Answers "present" a t roll call . . . . . 1, 23, 34, 37, 41, 99, 116 Mak«s request 38 Mileage due 21 Present a t joint conventions 4, 91, 101, 120, 131

HYDE, R. M.—Appointed janitor 16 HYLO QUARTET—On Allison memorial program 57 ILSLEY, REV. C. F.—Officiates as chaplain 13 INAUGURAL ADDEESS—Of Governor Warren Garst 132 INAUGURATION—Concurrent resolution relative to appointment of

joint committee on 117 Committee on, appointed 117 Committee on, report of 119 Program of, carried out 132 Appropriation to defray expenses of, Senate File No. 5 129

INMAN, LOREN W.—Representative Eighty-eighth District. Answers "present" a t roll call 1, 18, 23, 34, 41, 99, 116 Appointed on special committee 118 Explanation of vote 51 Leave of absence 38 Mileage due 21 Motion by 23 Present a t joint conventions 4, 91, 101, 120, 131

JACKSON, F . D.—Vote received by, for United States Senator . . 94, 103 JANITOR—R. M. Hyde appointed 16 JARNAGIN, W. E.—Assigned seat in press gallery 8 JESTER, REV. JOSHUA—Officiates as chaplain 96 JEWELL, ANDREW J.—Resolution to appoint committee t o prepare

resolutions on life of 17 Committee appointed 17 Memorial resolutions as reported by committee 86

JEWELL, P . M.—Representative Ninety-first District. Answers "present" a t roll cal l . . 1, 18, 23, 34, 37, 41, 99, 116 Mileage due 21 Present a t joint conventions 4, 91, 101, 120, 131

JOINT CONVENTIONS—Concurrent resolutions relative to holding 3, 11, 19, 33

Sessions held 4, 41, 91, 101, 120, 131

JOINT RESOLUTION—(See House Joint Resolution).

JONES, F . F.—Representative Twelfth District. Answers "present" a t roll cal l . . 1, 18, 23, 34, 37, 41, 99, 116 Appointed on standing committee—Elections 8 Explanation of vote 51 Mileage due 21 Motions by 34, 36, 104, 105, 129, 130 Present a t joint conventions 4, 91, 101, 120, 131

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Paqb JOURNAL CLERK—Elected and qualified 2, S

JOURNALS, HOUSE AND SENATE^-Publlcation and distribution, Senate File No. 3 100

KELLEY, JOHN H.—Representative Thirty-seventh District. Answers "present" a t roll cal l . . 1, 18, 23, 34, 37, 41, 89, 116 Appointed on special committee 57 Makes request 34 Mileage due . 21 Motion by BT Offers resolution 16 Present a t joint conventions 4, 91, 101, 120, 131

KELLOGG, GEO. A.—Representative Thirty-second "District. Answers "present" a t roll cal l . . 1, 18, 23, 34, 37, 41, 99, 116 Appointed on special committee 2 Explanation of vote 61 Mileage due 21 Motion by .' 99 Present a t joint conventions 4, 91, 101, 120

KENNELEY, R. C.—Chief doorkeeper, elected and qualified 2, 3 KENDALL, A. W.—Representative Forty-fifth District.

Answers "present" a t roll cal l . . 1, 18, 23, 34, 37, 41, 99, 116 Mileage due 21 Present a t joint conventions '. 4, 91, 101, 120, 131

KENDALL, N. E.—Representative Seventeenth District and Speaker of the House.

Answers "present" a t roll call 2, 18, 23, 35, 41, 116 Appointed on joint committee 17 Appoints special committee 2, 3, 12, 23, 33, 40, 56, 91,

118, 120, 131 Appoints joint committees 3, 41, 117 Appoints special committee on elections 8 Announces tha t no candidate has received a majority of votes

cast for United States Senator 43 Calls House to order 1 Declares constitutional majority present and House duly organ­

ized 2 Declares House adjourned until 10 A. M., November 24, 1908.. 115 Declares House adjourned sine die 135 Mileage due 22 Offers resolution 11 Present a t joint conventions 4, 41, 92, 121, 131 Presides 1, 8, 9,

12, 13, 18, 19, 25, 28, 39, 41, 56, 73, 74, 94, 116, 118, 128, 129, 135

Sustains point of order 96 Presides a t joint convention 128 Responds to invitation to address the House 135 Signs certificate of election 124

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P-fcOH KOONTZ, GEO. W.—Representative Forty-first District.

Answers "present" a t roll cal l . . 1, 18, 23, 34, 37, 41, 99, 116 Appointed on special committee 120 Mileage due 21 Present a t joint conventions 4, 91, 101, 120, 131

KULL, HERMANN—Representative Ninety-second District. Answers "present" a t roll call 1, 18, 23, 34, 37, 41, 99 Demands roll call 79 Mileage due ' 21 Present a t joint conventions 4, 91, 101

KYTE, F . M.—Memorial resolutions i n honor of 25

LACEY, JOHN F.—Vote received by, for United States Sen'ator •.. 42, 94, 102

Vote* received by, a t the Senatorial primary election 118

LANE, JOSEPH R.—Vote received by, for United States senator 43, 94, 103

LARRABEE, "WILLIAM—Vote received by, for United States senator 43, 94, 102

Escorted to the speaker's platform 118 LEE, N. J.—Representative Ninety-sixth District.

Answers "present" a t roll cal l . . 1, 18, 23, 34, 37, 41, 99, 116 Appointed on standing committee—Elections ' 8 Explanation of vote I l l Mileage due 21 Motion by 18 Present a t joint conventions 4, 91, 101, 120, 131

LISTER, JOHN—Representative Sixty-fifth District. Answers "present" a t roll call 1, 18, 23, 34, 41, 99, 116 Leave of absence 37 Mileage due 21 Present a t joint conventions 4, 91, 101, 120, 131 Presents petition 13

LOWERY, J . H.—Representative Sixty-first District. Answers "present" a t roll call 1, 18, 23, 34, 37, 41, 99, 116 Appointed on special committee 17 Mileage due 21 Present a t joint conventions 4, 91, 101, 120, 131

MCALLISTER, JOHN—Representative Forty-eighth District. Answers "present" a t roll call 1, 18, 23, 34, 37, 41, 99, 116 Appointed on joint committee 3 Appointed on special committtees 12, 17 Demands roll call 14

. Explanation of vote 52 Makes request 34, 116 Mileage due 21 ' Offers resolution '. 11 Present a t joint conventions 4, 91, 101, 120, 131

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P A G B McDONALD, EDWARD—Representative Fifty-fifth District.

Answers "present" a t roll call 1, 18, 23, 34, 37, 41, 99, 116 Appointed on joint committee 117, 132 Appointed on standing committee—Elections 8 Mileage due 21 Motion by 131 Present a t joint conventions 4, 92, 101, 120, 131

McDONALiD, EVERETT—Appointed messenger 16

McELRATH, WM. W.—Representative Fifty-eighth District. Answers "present" a t roll call. 1, 18, 23, 34, 37, 41, 99, 116 Explanation of vote 52 Mileage due 21 Present a t joint conventions 4, 92, 101, 120

MABEN, O. K.—Representative Eighty-sixth District. Answers "present" a t roll call 1, 18, 23, 34, 37, 41, 99, 116 Mileage due 21 Present a t joint conventions '. 4, 92, 101, 120, 131

MADDEN, K. R.—Resolution to appoint committee to prepare reso­lutions on life and service of 22

Committee appointed 23 Memorial resolutions 98

MANN, ASAHEL—Representative Tenth District. Answers "present" a t roll call 1, 18, 23, 34, 37, 41, 99, 116 Explanation of vote 53 Mileage due 21 Present a t joint conventions 4, 92, 101, 120, 131

MARSHALLTOWN TIMES-REPUBLICAN—Representative assigned seat in press gallery 8

MARSTON, CHAS. L.—Representative Eighty-seventh District. Anawers "present" a t roll call 1, 18, 23, 34, 41, 99, 116 Appointed on joint committee 125 Leave of absence 38 Makes request 34 Mileage due 21 Motion by 41 Present a t joint conventions 4, 92, 101, 120, 131

MASON CITY TIMES-REPUBLICAN—Representative assigned seat in press gallery 8

MASON, JOHN B.—Representative First District. Answers "present" a t roll call 1, 18, 23, 34, 37, 41, 99 Mileage due 21 Present a t joint conventions 4, 92, 101, 131

MEMORIAL RESOLUTIONS—(See Resolutions, Memorial.)

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P A O S MERCER, JÀMES—Representative Seventy-seventh District.

Answers "present" a t roll call 1, 18, 23, 34, 37, 41, 99, 116 Mileage due 21 Present a t joint conventions 4, 92, 101, 120, 131

METCALP, REV. J . B.—Officiates a s chaplain • 74

MEREDITH, C. A.—Representative Thirtieth District. Answers "present" a t roll call. 1, 18, 23, 34, 37, 41, 99, 116 Appointed on special committee 120 Explanation of vote 53 Mileage due 21 Motion by 119 Present a t joint conventions 4, 92, 101, 120, 131 Submits report of committee 120

MESSAGE—Prom the governor 5

MESSAGES—Prom the Senate 3, 13, 19, 33, 36, 41, 100, 107, 111, 117, 120, 129, 135.

MESSENGERS—Appointmënt of 16 MILEAGE—Committee on, appointed 12

Report of v 20-22, 33, 95 MILLER, CHARLES—Representative Seventy-second District.

Answers "present" a t roll call 1, 18, 23, 34, 37, 41, 99, 116 Appointed on special committee 2, 40 Mileage due 21 Motions by 14, 81, 98 Offers resolution 14, 98 Offers substitute concurrent resolution 81 Present a t joint conventions 4, 92, 101, 120

MILLER, SIMON—Representative Sixty-ninth District. Answers "present" a t roll call M, 18, 23, 34, 37, 41, 99, 116 Appointed on special committee 12 Leave of absence 37 Mileage due 21 Present a t joint conventions 4, 92, 101, 120, 131

MOORE, ERNEST R.—Representative Forty-eighth District. Answers "present" a t roll cal l . . 2, 18, 23, 35, 37, 41, 99, 116 Appointed on standing committee—Elections 8 Demands roll call 24, 26 Explanation of vote 53 Mileage due 21

' Motions by ' 27, 73 83 Present a t joint conventions 4, 92, 101, 120, 131 Seconds motion 24

MORRIS, JAMES F.—Representative Eighty-flrst District. Answers "present" a t roll cal l . . 2, 18, 23, 35, 37, 41, 99, 116 Appointed on special committee 40 Mileage due * 21 Present a t joint conventions 4, 92, 101, 120, 131

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MOSER, REV. R. R.—Officiates as chaplain 28

NATIONAL CREAMERY BUTTERMAKERS' ASSOCIATION— Extending use of basement and corridors of Capitol to, for exhibition purposes, concurrent resolution 117

NEW YORK SUN—Representative assigned seat in press gallery 8

NIX, B. F.—Representative Fourteenth District. Answers "present" a t roll cal l . . 2, 18, 23, 35, 37, 41, 99, 116 Appointed on special committee 3 Explanation of vote 54 Mileage due . 21 Present a t joint conventions 4, 92, 101, 121, 131

OFFICERS OF HOUSE—Elected and qualified 2, 3, 16

OFFILiL, JOHN F.—Representative Thirty-eighth District. Answers "present" a t roll cal l . . 2, 18, 23, 35, 37, 41, 99, 116 •Appointed on joint committee 132 Appointed on special committee 91 Demands roll call 24, 26 Explanation of vote 54 Mileage due 21 Motion by 81 Offers resolution 81 Present a t joint conventions 4, 92, 101,121, 131

OMAHA BEE—Representative assigned seat in press gallery 8

OMAHA WORLD-HERALD—Representative assigned seat in press gallery 8

PAUL, CLIFFORD B.—Representative Forty-seventh District. Answers "present" a t roll call . . 2, 18, 23, 35, 37, 41, 99, 116 Appointed oji special committee ? Explanation of vote 55 Introduces House File No. 1 9 Introduces Joint Resolution No. 1 90 Makes request 38 Mileage due '. 21 Motions by 2, 24 Present a t joint conventions 4, 92,101, 121, 131 Presents petition 40

PERKINS, GEORGE D.—"Vote received by, for United States senator 43

PETITIONS—Relative to Replacing circle on the official ballot 13, 22, 40 Appropriation for centennial commemoration of establishment

of Ft . Madison 32 Licensing or segregation of the social evil 39

PICKETT, LEO—Appointed speaker's page 16

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PAGE P I E R C E , H . L.—Representa t ive Seventy-eighth D i s t r i c t .

A n s w e r s " p r e s e n t " a t ro l l ca l l 2, 18, 23f, 35, 37, 41, 99, 116 Appoin ted o n special commi t tees 3, 33, 56, 131 Appoin ted on s t a n d i n g commit tee—Elect ions 8 Appointed o n j o i n t commi t t ee 17 Mileage d u e 2 1 Offers resolut ion 33 P r e s e n t a t j o i n t convent ions 4, 92, 101, 121, 131 S u b m i t s r e p o r t of commi t t ee 97

P O R T E R , CLAUDE R.—Nominated f o r Un i t ed S t a t e s S e n a t o r 93 •Vote received by, f o r U n i t e d S t a t e s S e n a t o r . . 42, 93, 94, 102. 121

P R I C E , C L I N T L.—Representa t ive Twenty-seventh Di s t r i c t . A n s w e r s " p r e s e n t " a t ro l l c a l l . . 2, 18, 23, 35, 37, 41, 99, 116 Appointed o n j o i n t commi t t ee 4 1 Appointed o n s t a n d i n g commit tee—Elect ions 8 Appoin ts special commi t tees w h i l e p r e s id ing 17 Appoin t s j o i n t commi t tees wh i l e p res id ing 17 Mileage d u e 21 Offers resolut ion 38 P r e s e n t a t j o i n t convent ions 4, 92, 101, 121, 131 P res ides 16 S u b m i t s r epo r t of commi t t ee 89

P R I M A R Y ELECTION—Express ion of choice of c and ida t e s F o r Uni ted S t a t e s Sena tor , House F i l e No. 1 9

H o u s e F i l e No. 2 28 H o u s e F i l e No . 4 31

P R I N T I N G AND BINDING—Of session l aws a n d J o u r n a l s , S e n a t e F i l e No. 3 100

Of Allison memor ia l addresses , concur ren t reso lu t ion 88

R E A N E Y , R O B E R T J .—Represen ta t ive Twenty-second D i s t r i c t . Answer s " p r e s e n t " a t ro l l c a l l . . 2, 18, 23, 35, 37, 41, 99, 116 Exp lana t ion of vote 55 Mileage d u e 21 P r e s e n t a t j o i n t convent ions 4, 92, 101, 121, 131

REITZ , H E N R Y H.—Representa t ive F i r s t Dis t r i c t . Answer s " p r e s e n t " a t ro l l c a l l . . 2, 18, 23, 35, 37, 41, 99, 116 In t roduces H o u s e F i l e No . 3 30 Mileage d u e 2 1 P r e s e n t a t j o i n t convent ions 4, 92, 101, 121, 131 P r e s e n t s pe t i t ion 32

R E T R E N C H M E N T A N D REFORM—Commit tee o n . Resolut ion r e f e r r e d t o 11 R e p o r t of 16

11

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Pagb RESOLUTIONS—(See Concurrent Resolutions).

By Allred. Authorizing the sergeant-at-arms to properly drape the desk of the late William H. Hickey, during the term of this session. Adopted 11

By McAllister. Relative to employment of additional employes during session. Offered 11 Referred to committee on retrenchment and reform 11 Reported and adopted 16

By Kelley. Memorial resolution in honor of Hon. T. E. Haines. Offered and adopted 16

By Hambleton. Appointment of committee to prepare resolu­tions on life and services of Hon. Joseph H. Evans. Of­fered and adopted 16, 17

By Hambleton. Appointment of committee to prepare memorial resolutions in honor of Hon. Andrew J . Jewell. Offered and adopted 17

By Sidey. Appointment of committee to prepare memorial resolutions in honor of Hon. K. E. Madden. Offered 22 Adopted 23

By Fenn. Memorial resolution in honor of Hon. F . M. Kyte. Offered 25 Adopted 25

By Pierce. Appointment of committee to prepare memorial reso­lutions in honor of Hon. W. H. Hickey. Offered and adopted 33

By Feely. Appointment of committee to prepare memorial resolutions in honor of Hon. George W. Hayzlett. Of­fered and adopted 40

By Feely. Appointment of committee to prepare memorial resolutions in hoiior of Hon. D. F . Hoover. Offered and adopted 40

RESOLUTIONS, MEMORIAL—In honor of Hon. T. E. Haines 16 Hon. Andrew J . Jewell 86 Hon. F . M. Kyte 25 Hon. Lucien C. Blanchard . . . 87 Hon. Geo. W. Hayzlett 84 Hon. Mark A. Dashiell 89 Hon. Joseph H. Evans 85 Hon. "William H. Hickey 97 Hon. D. F. Hoover 85 Hon. K. R. Madden 98

Printing and distribution of, concurrent resolution 99 RITTER, HENRY—Representative Twenty-first District.

Answers "present" a t roll call . . 2, 18, 23, 35, 37, 41, 99, 116 Mileage due 21 Present a t joint conventions 4, 92, 101, 121, 131

ROBINSON, KENNETH—Appointed messenger 16 ROLL CALL—Demanded 14, 24, 26, 79, 110 RULES—Those of Thirty-second General Assembly adopted for extra

session 2 Concurrent resolution relative to adoption of joint rules of

Thirty-second General Assembly as joint rules of extra session 13, 26, 28

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SAMSON, DUANE—Appointed committee clerk 16 SCHOENENBERGER, JOHN—Representative Twenty-eighth District.

Answers "present" a t roll cal l . . 2, 18, 23, 35, 37, 41, 99, 116 Mileage due 21 Present a t joint conventions 4, 92, 101, 121, 131

SCHROEDER, H. C.—Representative Fifty-sixth District. Answers "present" a t roll call 2, 18, 23, 35, 41, 99, 116 Leave of absence 37 Mileage due 21 Present a t Joint conventions 4, 92, 101, 121, 131

SCHULTE, G. H.—Representative Seventieth District. Answers "present" a t roll call . . . 2, 18, 23, 35, 37, 41, 99 Appointed on special committee 17 Mileage due 21 Present a t joint conventions 4, 92, 101

SECRETARY OF STATE—Requested to mail copies of Journal of September 10 to members 115

Certificate from, as to vote cast a t the Senatorial primary election 118

SEEYERS, EVA—Journal clerk, elected and qualified 2, 3 SENATE—Committee of notification from 2 Messages from 3, 13, 19, 33, 36, 41

100, 107, 111, 117, 120, 129 135 SENATE AND HOUSE JOURNALS—Printing and distribution of,

Senate File No. 3 100 SENATOR—(See United States Senator). SERGEANT-AT-ARMS—Elected and qualified 2, 3

Announces arrival of Senate 56, 91, 100, 120, 131 Authorized to drape desk of "W. H. Hickey 11

SENATE BILLS— Senate File No. 3. Providing for the publication and distribu­

tion of the acts of the extraordinary session of the Thirty-second General Assembly. Received 100 Considered 104 Passed l 105 Signed 115

Senate File No. 4. To appropriate the sum of sixty-seven dollars to defray the expenses incurred by the General Assembly in holding exercises in memory of the late Senator Allison. Received 112 Passed 112, 113 Signed 115

House File No. 5. Making appropriation to defray expenses of inauguration of Governor Warren Garst and for other expenses. Received 129 Amended . 129, 130 Passed 130

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184 INDEX PASS

SESSION LAWS—Ppblicatlon and distribution, Senate File No. 3 . . 100 SHAFFER, J . D.—Representative Seventy-first District.

Answers "present" a t roll cal l . . 2, 18, 23, 35, 37, 41, 99, 116 Appointed on special committee 118 Makes request 38 Mileage due 21 Present a t joint conventions 4, 92, 101, 121, 131

SHANK, MABEL WAGNER—Sings during inaugural ceremonies 132 Vote of thanks tendered 134

SHELDON, F . E.—Representative Seventh District. Answers "present" a t roll cal l . . 2, 18, 23, 35, 37, 41, 99, 116 Explanation of vote 55 Mileage due 21 Present a t joint conventions 4, 92, 101, 121, 131

SIDEY, E. J.—Representative Twenty-ninth District. Answers "present" a t roll cal l . . 2, 18, 23, 35, 37, 41, 99, 116 Appointed on special committee 23 Mileage due 22 Offers resolution 22 Present a t joint conventions 4, 92, 101, 121, 131 Submits report of committee . 98

SIOUX CITY JOURNAL—Representative assigned seat in press gallery 8

SMITH, JOHN R.—Representative Seventy-fifth District. Answers "present" a t roll cal l . . 2, 18, 23, 35, 37, 41, 99, 116 Appointed on special committee 3 Mileage due 22 Present a t joint conventions 4, 92, 101, 121, 131

SMITH, WALTER I.—Nominated for United States Senator 93 Vote received by, for United States Senator 42, 94, 102

SPARKS, CLYDE G.—Representative Eighteenth District. Answers "present" a t roll cal l . . 2, 18, 23, 35, 37, 41, 99, 116 Appointed on special committee 2 Explanation of vote I l l Mileage due 22 Motions by 82, 108 Present a t joint conventions 4, 92, 101

SPEAKER—(See Kendall, N. E.)

SPEAKER'S CLERK—Elected and qualified 2, 3

SPEAKER'S PAGE—Appointment of 1«

SPRINGER, L. F.—Representative Sixty-seventh District. Answers "present" a t roll cal l . . 2, 18, 23, 35, 37, 41, 99, 116 Appointed on joint committee 125 Mileage due 22 Present a t joint conventions 4, 92, 101, 121, 131

ST. PAUL DISPATCH—Representative assigned seat in press gallery 8

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INDEX 166 P A G E

STEVENSON, B. D.—Assigned seat in press gallery 8

STEWART J . "WARREN—Representative Twenty-third District. Answers "present" a t roll call . . 2, 18, 23, 35, 37, 41, 99, 116 Appointed on special committee 23 Mileage due 22 Present a t joint conventions 4, 92, 101, 121, 131

STILLMAN, PAUL E.—Representative Fifty-fourth District. Answers "present" a t roll call . . 2, 18, 23, 35, 37, 41, 99, 116 Appointed on standing committee—Elections 8 Makes request 38 Mileage due 22 Motion by 35 Present a t joint conventions 4, 92, 101, 121, 131 Submits report of committee 113, 114

STOLTENBERG, A. H.—Representative Forty-third District. Answers'"present" a t roll call . . 2, 18, 23, 35, 37, 41, 99, 116 Mileage due 22 Present at joint conventions 4, 92, 101, 121, 131

SULLIVAN, JOHN B.—Representative Thirty-seventh District. Answers "present" a t roll cal l . . 2, 18, 23, 35, 37, 41, 99, 116 Appointed on joint committee 117 Appointed on standing committee—Elections 8 Demands roll call 14 Makes request 38 Mileage due 22 Motions by 3, 8, 25, 28, 36, 117 Offers resolution 117 Present a t joint conventions 4, 92, 101, 121, 131 Submits report of committee 119

SWAN, GEORGE W.—Representative Fourth District. Answers "present" a t roll cal l . . 2, 18, 23, 35, 37, 41, 99, 116 Explanation of vote 56 Mileage due 22 Present at joint conventions 4, 92, 101, 121, 131

SWEET, REV. C. W.—Officiates as chaplain 1

SWIFT, CURRAN F.—Representative Thirty-third District. Answers "present" a t roll call . . 2, 18, 23, 35, 37, 41, 99, 116 Appointed on special committee 100 Demands roll call 110 Makes request 116 Mileage due 22 Motions by 23, 82, 100, 115 Present a t joint conventions 4, 92, 101, 121, 131 Offers substitute concurrent resolution 23

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166 ÍNDEX

Paqb TETER, LORENZO ,D.—Representative Twenty-sixth District.

Answers "present" a t roll cal l . . 2, 18, 23, 35, 37, 41, 99,116 Mileage due 22 Motions by 12, 109 Offers substitute concurrent resolution 109 Present a t joint' conventions 4, 92, 101, 121, 131 Submits report of committee 16

TREMAIN, G-. L.—Accorded a seat on platform 57 TREWIN, JAMES H.—Vote received by, for United States senator 43, 102 UNITED STATES SENATOR—Expression of choice of candidates for

House File No. 1 9 House Pile No. 2 28 House File No. 4 31

Concurrent resolution calling for joint convention to elect 11, 19, 24, 25, 26 27

Nominations made for ; 93 Vote for 42, 43, 93, 94, 101, 102, 103, 121 Explanations of votes on 43-56 Elected by direct vote of people, House Joint Resolution No. 1 . . 90 Albert B. Cummins declared elected 122 Certificate by Secretary of State as to result of Republican

primary election for 118 Certificate of election 122

VAN HOUTEN, G. H.—Representative Eighth District. Answers "present" a t roll cal l . . 2, 18, 23, 35, 37, 41, 99, 116 Appointed on joint committee 41 Appointed on special committee 56, 100 Mileage due 22 Motions by 40, 56, 91, 95, 117, 135 Officiates as chaplain 36 Offers resolution 135 Present a t joint conventions 4, 92, 101, 121, 131 Raises point of order 96

WASHINGTON STAR—Representative assigned seat in press gallery 8 WEAVER, CHAUNCEY A.—Assigned seat in press gallery 8 WEBSTER, D. D.—Representative Forty-second District.

Answers "present" a t roll cal l . . 2, 18, 23, 35, 37, 41, 99, 116 Mileage due 22 Present a t joint conventions 4, 92, 101, 121

JV WEEKS, ELBERT W.—Representative Thirty-fifth District.

Answers "present" a t roll cal l . . 2, 18, 23, 35, 37, 41, 99, 116 Appointed on joint committee 41 Appointed on special committee 131 Introduces House File No. 2 28 Mileage due 22 Motions by 1, 2, 100, 103, 130, 135 Present a t joint conventions 4, 92, 101, 121, 131 Presides 11

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P A O S WELDEN, WILLIAM—Representative Sixty-fourth District.

Answers "present" a t roll call 2, 18, ¿3, 35, 41, 99-, 116 Leave of absence 34 Mileage due 22 Present a t joint conventions 4, 92, 101, 121, 131

WHITE, GEO. C.—Representative Fifty-second District. Answers "present" a t roll cal l . . 2, 18, 23, 35, 37, 41, 99, 116 Makes request 37 Mileage due 22 Motions by 42, 98 Present a t joint conventions 4, 92, 101, 121, 131

WILSON, WARD—Representative Fift ieth District. Answers "present" a t roll call 2, 18, 23, 35, 37, 99, 116 Leave of absence 37 Mileage due 22 Present a t joint conventions 4, 92, 101, 121, 131

WOLFE, JOHN L.—Representative Forty-fifth Distr ict Answers "present" a t roll ca l l . . 2, 18, 23, 35, 37, 41, 99, 116 Mileage due 22 Present a t joint conventions 4, 92, 101, 121

WOODHOUSE, J . A.—Assigned seat in press gallery 8

WOODRUFF, RUTH—Speaker's clerk, elected and qualified 2, 3

YATES, REV. W. N.—Officiates as chaplain 19

YOUDE, CHARLES—Representative Eighty-second District. Answers "present" a t roll cal l . . 2, 18, 23, 35, 37, 41, 99, 116 Appointed on special committee 33 Mileage due 22 Motion by 128 Present a t joint conventions 4, 92, 101, 121, 131

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