House bill No. 15 (file No. 14), entitled

A bill to amend sections 2, 4, 6, 7, 8 and 34 of Act No. 302 of the Public Acts of 1915, entitled, "An act to provide for the registration, identification and regulation of motor vehicles and trailers attached thereto operated upon the public highways of this state, and of the operators of such vehicles, and to provide for levying specific taxes upon such vehicles, so operated and to provide for the disposition of such funds, and to repeal all other acts or parts of acts inconsistent herewith or contrary hereto," and to add a new section thereto to stand as section 39. Pending reference of the bill to the order of Third Reading of bills,

Mr. Bohn moved that the rules be suspended and that the bill be placed on its immediate passage.

The motion prevailed, two thirds of the Senators present voting therefor.
The bill was read for a third time.

Pending the taking of the vote on the passage of the bill,

Mr. Horton offered the following amendment:

Section 7, line 7, after the word "vehicles," strike out "fifty-five" and insert in lieu thereof "fifty."

The amendment was not seconded.

The question then being on the passage of the bill, the roll was called and the Senators voted as follows:

So, a majority of all the Senators-elect having voted therefor.

The bill was passed.

The Senate agreed to the title of the bill.

On motion of Mr. Brower, two-thirds of all the Senators-elect voting therefor, The bill was given immediate effect.

Mr. Condon said:

Death of Senator James Henry.

"Mr. President, it is my sad duty to announce to the Senate the death of our good friend and brother senator, Honorable James Henry, Senator from the Ninth District. He died at 6:30 o'clock this evening at the hospital in Battle Creek, where for two months, though sadly afflicted, he has bravely faced the end, which he knew was not far off. At some future day, I will submit resolutions providing for memorial exercises in memory of our friend. For the present, I send to the desk the following resolution and move its adoption."

The resolution was read as follows:

Senate Resolution No. 20.

Resolved, That the Senate has heard with profound sorrow of the death of our beloved colleague, Honorable James Henry, Senator from the Ninth Senatorial District, whose death occurred at 6:30 o'clock this evening.

Resolved, That the President appoint a committee of Senators to attend the funeral of the deceased Senator.

Resolved, further, That the President appoint a committee to draft suitable resolutions on the life and character of Senator Henry.

The resolutions were unanimously adopted, the Senators rising and standing in silent tribute to the memory of their departed colleague.

Mr. Condon moved that, as a further mark of respect to the memory of the deceased Senator, the Senate now adjourn.

The motion prevailed.

Accordingly, the President declared the Senate adjourned until tomorrow, January 28, 1925, at 2:00 o'clock p. m.

DENNIS E. ALWARD,

Secretary of the Senate.

JOURNAL OF THE SENATE

NUMBER TEN.

Senate Chamber, Lansing, Wednesday, January 28, 1925.

2:00 o'clock p. m.

The Senate met pursuant to adjournment and was called to order by the President.

The Reverend Paul J. Allured of the Westminster Presbyterian church of Lansing offered prayer.

The roll of the Senate was called by the Secretary.

Present:

Senators Atwood, Bahorski, Baxter, Bohn, Brower, Bernie L. Case, Condon, Cummings, Gansser, Gettel, Greene, Herald, Herrick, Hinkley, Horton, Howarth, Hunter, Karcher, Leland, Martin, Pearson, Penney, Quinlan, Truettner, Whiteley, Wilcox, Wood, Woodruff, Young-29; a quorum.

Absent with leave: Senator William L. Case-1.

Absent without leave: Senator Butler-1.

On motion of Mr. Whiteley, an indefinite leave of absence was granted Mr. Butler because of illness in his family.

The motion prevailed.

Presentation of Petitions.

Petition No. 55. By Mr. Horton. Petition of 122 citizens of Monroe County for the support of the "Michigan State Police."

The petition was referred to the Committee on Labor.

Petition No. 56. By Mr. Horton. Petition by legislative committee of Lenawee County protesting against an amendment allowing an open season for the hunting and killing of quail.

The petition was referred to the Committee on Conservation.

Petition No. 57. By Mr. Horton. Petition by legislative committee of Lenawee County that the State Board of Equalization continue to meet yearly.

The petition was referred to the Committee on Taxation.

Petition No. 58. By Mr. Horton. Petition by legislative committee of Lenawee County that State Law be amended so that farmers can vaccinate and treat their own hogs.

The petition was referred to the Committee on Agriculture.

Petition No. 59. By Mr. Horton. Petition by legislative committee of Lenawee County that money earned by convicts be paid to their families.

The petition was referred to the Committee on Penal Institutions.

Petition No. 60. By Mr. Hinkley. Petition of sportsmen of southern Michigan regarding change of opening season on deer.

The petition was referred to the Committee on Conservation.

Messages from the House.

A message was received from the House of Representatives returning to the Senate,

Senate bill No. 8 (file No. 32), entitled

A bill to prescribe a privilege tax for the use of the public highways by owners or drivers of motor vehicles by imposing a specific tax upon the sale, within the State of Michigan, of gasoline as defined herein; prescribing the manner and time of paying and collecting such tax and the duties of officials and other persons respecting such payment and collection; providing for the registration of dealers as defined herein; providing for certain exemptions and refunds, and for the disposition of the proceeds of such tax; and prescribing penalties for violation of this act.

The message informed the Senate that the House of Representatives had passed the bill with the following amendments:

1. Amend by striking out of line 10, section 5, after the word "thereon," the words "and the purchaser shall state to the dealer the purpose for which such gasoline is to be used, at the time the purchase is made."

2. Amend by inserting in line 11, section 6, after the word "dollars," the following "or imprisonment in the county jail for a term not to exceed sixty days or both such fine and imprisonment in the discretion of the court."

3. Amend by striking out of line 9, section 11, the word "one" and inserting in lieu thereof the word "two."

4. Amend by inserting in line 9, section 11, after the word "dollars," the words "annually, to be paid pro rata."

5. Amend by inserting after the word "dealer" in line 2, section 4, the words "except those having gasoline only for their own use."

6. Amend by striking out of lines 3 and 4, section 10, the words "or who shall neglect or refuse to pay the tax herein provided for."

The message further informed the Senate that the House of Representatives had ordered that the bill take immediate effect.

The message further informed the Senate that the House of Representatives had ordered that the bill be known as the Atwood-Baxter-Warner bill.

The question then being on concurring in the amendments made by the House, Mr. Whiteley demanded a separate vote on amendment No. 3, which is as follows: Amend by striking out of line 9, section 11, the word "one" and inserting in lieu thereof the word "two."

The question being on concurring in the adoption of House amendment No. 3, The roll was called and the Senators voted as follows:

So, a majority of all the Senators-elect not voting therefor,

The amendment was not concurred in.

The question then being on concurring in the amendments numbered 1, 2, 4,

5 and 6, made to the bill by the House of Representatives,

The roll was called and the Senators voted as follows:

YEAS-0.