DES MOINES, IOWA, Tuesday, January 30, 1894. S Senate met in regular session at 10 o'clock A. M., and was called to order by President Dungan. Prayer was offered by Rev. J. Boyd, of Des Moines. PETITIONS AND MEMORIALS. Senator Henderson introduced a petition from citizens of Buena Vista county, asking for an appropriation of $25,000 for the State Agricultural Society. Referred to Committee on Appropriations. Senator Yeomans offered a petition from merchants of the city of Sioux City asking for the adoption of an act entitled, " An act to prevent and punish fraud in the sale of goods, wares and merchandise at public and private sale, by itinerant vendors, and regulate such sales." Referred to Committee on Cities and Towns. INTRODUCTION OF BILLS. By Senator Andrews, Senate file No. 128, a bill for an act to provide a room for the Grand Army of the Republic, Department of Iowa, in the capitol building, and for an appropriation therefor. Read first and second times and referred to Committee on Military. By Senator Boardman, Senate file No. 129, a bill for an act to amend chapter 44 of the Acts of the Twenty-fourth General Assembly, in relation to warehouse receipts, making the same apply to butter, eggs, cheese, and dressed poultry. Read first and second times and referred to Committee on Judiciary. By Senator Jamison, Senate file No. 130, a bill for an act supplemental to the prohibitory law, providing additional penalties relative to the better enforcement of the law. Read first and second times and referred to Committee on Suppression of Intemperance. By Senator Kilburn, Senate file No. 131, a bill for an act to make valid chapter 21 of the revised ordinances of 1885 of the city of Winterset. Read first and second times and referred to Committee on Judiciary. By Senator Kilburn, by request, Senate file No. 132, a bill for an act to regulate the compensation of councilmen in cities of the second class. Read first and second times and referred to Committee on Compensation of Public Officers. By Senator Palmer, Senate file No. 133, a bill for an act to authorize the appointment of a commission to ascertain and mark the position occupied by lowa troops on Lookout Mountain and Missionary Ridge (the battle of Chattanooga). Read first and second times and referred to Committee on Military. By Senator Rowen, Senate file No. 134, a bill for an act to prevent the publication, selling or distribution of newspapers or pamphlets containing description of rounds fought at prize fights. Read first and second times and referred to Committee on Judiciary. By Senator Yeomans, Senate file No. 135, a bill for an act making an appropriation for the Iowa State Agricultural Society, for the encouragement of agriculture, horticulture, manufactures and other industries of the State of Iowa. Read first and second times and referred to Committee on Agriculture. By Senator Rowen, Senate file No. 136, a bill for an act to make more effective the prohibitory law of the State of Iowa by making additional penalties where liquors are sold unlawfully in towns of 2,000 inhabitants and upwards. Read first and second times and referred to Committee on Suppression of Intemperance. By Senator Carpenter, Senate File No. 137, a bill for an act amending sections 1446, 1447, 1448, 1452, 1456, and repealing sections 1450, 1451 and 1464 of chapter 3, of Title II of the Code of Iowa, relating to domestic animals. Read first and second times and referred to Committee on Agriculture. By Committee on Claims, Senate file No. 138, a bill for an act to reimburse John L. Brown, as Auditor of State during the years 1885 and 1886, for money expended in defense of his said office, and of his official rights and duties. Read first and second times and passed on file. REPORTS OF COMMITTEES. Senator Gorrell, from the Committee on Claims, submitted the following report: MR. PRESIDENT-Your Committee on Claims, to whom was referred the petition of John L. Brown for reimbursement for money expended in defense of his office and official rights as Auditor of State during the years 1885 and 1886, has duly considered the same and beg leave to report that they have had the same under consideration, and have instructed me to report the same back to the Senate with the recommendation that the bill hereto attached, do pass. MR. PRESIDENT-Your Committee on Claims, to whom was referred Senate file No. 138, a bill for an act to reimburse Mr. John L. Brown, late State Auditor, for money claimed to have been expended in defense of his office and official rights as Auditor of State during the years 1885 and 1886, beg leave to report that they have had the same under consideration and have instructed me to report the same back to the Senate with the recommendation that Senators Yeomans and Dent decline to favor said bill and would respectfully refer for such reason to the acts of the Twenty-third General Assembly and that the said bill be recommended back to the Senate with the recommendation that the same be indefinitely postponed. J. R. GORRELL, Ordered passed on file. Chairman. MR. PRESIDENT-Your Committee on Claims, to whom was referred Senate file No. 49, a bill for an act to appropriate $87.20 to def.ay the expenses of a delegate appointed by the Governor to attend the Beef and Pork combine convention at St. Louis, beg leave to report that they have had the same under consideration, and have instructed me to report the same back to the Senate with the recommendation that it do pass. Ordered passed on file. J. R. GORRELL, Senator Vale, from the Committee on Agriculture, submitted the following report: MR. PRESIDENT-Your Committee on Agriculture, to whom was referred Senate file No. 51, a bill for an act to amend chapter fifty-two (52) of the Laws of the Twenty-first General Assembly, and to prevent deception in the use of imita tions of butter and cheese, beg leave to report that they have had the same under consideration and have instructed me to report the same back to the Senate with the recommendation that the same be amended as follows: Strike out the word "amend" and insert the word "repeal" in lieu thereof, and strike out all after the word "and," and insert the words, "Enact the following in lieu thereof,” in the title of the bill. Also strike out all after the word "be" in the second line of section 1. and insert the following: "And the same is hereby repealed and the following enacted in lieu thereof." Also change the word "said" to "such" near the end of the third line and insert the words, or lunch counter " word "table" near the end of the fourth line. 66 after the And when so amended that the bill do pass. B. R. VALE, Chairman. Ordered passed on file. Senator Finn asked that two hundred extra copies of Senate file No. 24 be printed. It was so ordered. BILLS ON THIRD READING. Joint Resolution No. 2 was read a third time. Senator Waterman moved that the resolution lay over until to niorrow. Carried. Senator Waterman moved that Senate file No. 52 be taken up and the rules be suspended and the bill read a third time now. Carried. On the question, "Shall the bill pass?" the yeas were: Senators Baldwin, Bishop, Brower, Carpenter, Chantry, Cheshire, Conaway, Craig, Dent, Downey, Everall, Funk, Gorrell, Green, Groneweg, Harmon, Harper, Harsh, Henderson, Jamison, Jewett, Kelly, Kilburn, Lehfeldt, Lewis, Oleson, Palmer, Penrose, Perrin, Perry, Phelps, Reynolds, Riggen Terry, Turner, Upton, Vale, Waterman, Yeomans-39. The nays were: Senators Boardman, Eaton, Garst, Hipwell, Hurst, Mattoon-6. Absent or not voting: Senators Andrews, Ellis, Finn, Rea, Rowen-5. So the bill passed and the title was agreed to. Senator Everall moved that Senate file No. 29 be taken up for consideration. Carried. Senator Everall moved that the rules be suspended and the bill considered engrossed and read a third time now. Carried. On the question, "Shall the bill pass ?" the yeas were: Senators Andrews, Baldwin, Bishop, Boardman, Carpenter, Chantry, Cheshire, Conaway, Craig, Dent, Downey, Eaton, Everall, Finn, Garst, Gorrell, Greene, Groneweg, Harmon, Harper, Harsh, Hipwell, Hurst, Jamison, Jewett, Kelly, Kilburn, Lehfeldt, Lewis, Mattoon, Oleson, Palmer, Penrose, Perrin, Perry, Phelps, Rea, Reynolds, RigSen, Turner, Upton, Vale, Waterman, Yeomans-44. The nays were : Senators Henderson, Terry-2. Absent or not voting: Senators Brower, Ellis, Funk, Rowen-4. So the bill passed and the title was agreed to. Senator Reynolds from the special committee to whom was referred the special message of His Excellency, Governor Boies, concerning the suspension of E. C. McMillan, warden of the penitentiary at Ft. Madison, submitted the following report: To the Honorable Senate and House of Representatives: Your committee to whom was referred the special message of his excellency, Governor Boies, concerning the suspension of E. C. McMillen, Warden of the Penitentiary at Ft. Madison, beg leave to report that they have said message under consideration, as also the papers on file in the executive office relating thereto, consisting of the report and supplementary report of the special commission signed by Joseph C. Mitchell, Albert W. Swalm, and James McCann, the opinion of Hon. John Y. Stone, Attorney-General, the statement of E. C. McMillen. Also affidavits purporting to account for the amount reported as misappropriated by said special commission, which were filed in the executive office and not officially passed upon by the retiring Governor. Your committee find from a careful reading of said special message and the joint resolution creating this committee that we are limited to a consideration of the misappropriation of the guard fund, as all other matters are passed upon by the Governor, and are excluded by his recommendations. We also find that we have no power to call before us the persons or papers, and no power to administer oath; and we especially report that to go into an investigation outside of the papers before us would take your committee away from the session of the Assembly possibly for weeks, which would be an injustice to them and should not be required. We also find that ample power is lodged with the executive office to investigate and determine the matters pertaining thereto. From the papers before us we find that said special commission found a misappropriation of the guard fund at said prison of $1,867.00, as at first ascertained, but that upon being recommissioned they allowed an offset upon testimony, vouchers and affidavits of about $867.00, leaving a balance misappropriated of about $1.000.00, as shown by a supplemental report of said commission, the exact sum not being given. To account for this sum the said McMillen has filed in the executive office affidavits of parties to whom he claimed to have paid money aggregating $1,064.00, which affidavits state specifically for what purpose, to whom paid, and for material, and service required in the conduct of the prison, all of which was paid by said warden during the time covered by the investitation, and for material delivered during said period. Not being authorized to go back to the returns your committee make no comment as to credibility of affiants or sufficiency of proof further than to say that it seems to be of the same character as that upon which the said offset of $1,867 was allowed by said commission. Your committee finds itself handicapped in this matter by the fact that said commission allowed said offset, and by the concluding clauses of the special message in which his excellency, Gov. Boies, emphatically expresses his confidence in the said Warden McMillen and his management of said prison, as follows: 46 With the single exception of an unauthorized use of some portion of the |