guard fund that came into his hands, and that he, the governor, has been to led greatly doubt as to whether or not the extent of the warden's wrong is not found in the single fact that he has used funds of the State appropriated for one purpose, and authorized by law to be used for that purpose, to other necessary purposes in the conduct of said prison," etc. Your committee also quote in full the reference of clause of said special message as further reason for the conclusion hereinafter given: "I have therefore felt that the whole matter should be submitted to you with a recommendation that by proper legislative action you provide for such further hearing of the matter aforesaid as in your judgment is required, and that on such hearing the warden be allowed, as an officer, the money secured by him from the State as a guard fund all sums by him expended for legitimate purposes in the conduct of the affairs of said prison for which he has not heretofore, in some form or other, been credited in his account with the State." From the foregoing facts and recitals, which are only a material part of the papers and evidence before your committee, we conclude: First. That there was a misappropriation of the guard fund by Warden McMillen. Second. That the Governor was whoily justified in suspending said warden Third. That from the exparte showing of said E. C. McMillen as herein mentioned and referred to, it is apparent that if the commission did right in allowing the offset as heretofore recited, your committee from the affidavits herein referred to must admit that said warden expended the balance of the fund so misappropriated for the use and benefit of the State and not to his own use or individual benefit. Fourth. That if said McMillen has suffered from the action of the Governor in suspending him he must attribute it all to his own wrong doing. We, your committee, recommend that this whole matter with a copy of this report be referred back to the executive office for further action from which source alone action or remedy may come. Your committee further advise that some system should be adopted whereby frequent examination of the State Institutions shall be made by commissions composed of men of ability and firmness to the end that officers and boards of trustees shall faithfully comply with the laws and employ correct business methods in the conduct of their offices and strict system of book keeping therein. Senator Perry moved that the report be adopted. Senator Turner moved that Senate file No. 38 be taken up for consideration. Carried. Senator Turner moved that the amendments as recommended by the committee to whom was referred Senate file No. 38 be adopted. Carried. Senator Turner moved that the rules be suspended and that Senate file No. 38 as amended be considered engrossed and read a third time. now. Carried.' On the question, "Shall the bill pass?" the yeas were: Senators Baldwin, Bishop, Boardman, Brower, Chantry, Cheshire, Conaway, Craig, Dent, Downey, Everall, Funk, Garst, Gorrell, Green, Groneweg, Harmon, Harsh, Hurst, Jamison, Jewett, Lehfeldt, Lewis, Oleson, Palmer, Penrose, Perry, Rea, Reynolds, Rowen, Terry, Turner, Upton, Vale, Waterman, Yeomans-36. The nays were: Senators Andrews, Carpenter, Eaton, Harper, Kelly, Kilburn, Perrin, Phelps-8. Absent or not voting: Senators Ellis, Finn, Henderson, Hipwell, Mattoon, Riggen-6. Senator Finn offered the following resolution: Resolved, That in view of the report filed by the special committee to investigate the management of the penitentiary at Ft. Madison, it is the judgment of the Senate that E C. McMillan should be reinstated as warden of such penitentiary. Senator Finn moved that the resolution lay over until to-morrow. Carried. MESSAGE FROM THE HOUSE. The following message was received from the House: MR. PRESIDENT-I am directed to inform your honorable body that the House has passed the following concurrent resolution in which the concurrence of the Senate is asked: Relative to the publication of the governor's report of pardons, commutations, suspensions of sentence and remission of fines. Also: 1. K. WILSON, Chief Clerk. MR. PRESIDENT-I am directed to inform your honorable body that the House has passed the following bills in which the concurrence of the Senate is asked: House file No. 20, a bill for an act to exempt registered pharmacists from jury duty. House file No. 21, a bill for an act to legalize the ordinances of the town council of the town of Moulton, Appanoose county, Iowa. I. K. WILSON, Yesterday's journal was read, corrected and approved. Senator Reynolds called for the report of the House message concerning the passage of an act to legalize the ordinances of the town of Moulton, Appanoose county, Iowa. Message read. Senator Reynolds read the following communication in reference to House file No. 21: MOULTON, APPANOOSE COUNTY, IOWA, January 4, 1894. To the Representatives of Iowa in session in Des Moines, Iowa, Greeting: I hereby certify that I am now acting as town attorney for the town of Moulton, Iowa, and that there is not any case now pending in any court of record or any other court, in which the town of Moulton is either plaintiff or defendant at this date. H. P. POWERS, I hereby certify that H. P. Powers has been duly appointed attorney for the town of Moulton, county of Appanoose, Iowa. Dated at Moulton, Iowa, on this day of January, 1894. Senator Reynolds moved that the bill be read a third time now. Carried. Senator Reynolds moved to amend the bill by inserting the word "all" after the word "in" and before the word "respects" in the twentyfourth line; and that the bill as amended pass. On the question, "Shall the bill pass as amended?" the yeas were: Senators Andrews, Baldwin, Bishop, Boardman, Chantry, Cheshire, Conaway, Dent, Downey, Eaton, Everall, Funk, Gorrell, Green, Groneweg, Harmon, Harper, Harsh, Henderson, Hurst, Jamison, Jewett, Kelly, Lehfeldt, Lewis, Mattoon, Oleson, Palmer, Penrose, Perrin, Perry, Phelps, Reynolds, Riggen, Terry, Turner, Upton, Vale, Yeomans-39. The nays were: None. Absent or not voting: Senators Brower, Carpenter, Craig, Ellis, Finn, Garst, Hipwell, Kilburn, Rea, Rowen, Waterman-11. So the bill passed as amended, and the title was agreed to. Senator Brower moved that the State Printer be instructed by the Secretary of the Senate to comply with the request of the Senate to print 300 extra copies of Senate file No. 3. Carried. Senator Kelly moved that the Senate do now adjourn until 10 o'clock A. M. to-morrow. Carried. The Senate adjourned. SENATE CHAMBER, DES MOINES, Iowa, Wednesday, January 31, 1894. Senate met in regular session at 10 o'clock A. M., and was called to order by President Dungan. Prayer was offered by Rev. B. F. W. Cozier, of Colfax. PETITIONS AND MEMORIALS. Senator Andrews presented a petition from citizens of Dallas county asking for an appropriation of $25,000 for the State Agricultural Society. Referred to Committee on Agriculture. Senator Oleson presented a petition on the same subject from citizens of Calhoun county. Same reference. Senator Harmon presented a petition on the same subject from fifty citizens of Delaware county. Same reference. Also: A petition on the same subject from fifty residents of Buchanan county. Same reference. Senator Garst presented a petition on the same subject from citizens of Greene county. Same reference. Senator Jamison presented a petition on the same subject from forty-two residents of Warren county. Same reference. Senator Perrin presented a petition on the same subject from citizens of Floyd county. Same reference. Senator Upton presented a petition on the same subject from citi zens of Winneshiek county. Same reference. Senator Coraway presented a petition from Des Moines educators asking for some legislation preventing the sale or gift of cigarettes to boys. Referred to the Committee on Public Health. The Secretary read a petition of the Board of Trustees of the State Library asking that the regular annual appropriation for the purchase of books for the State Library be increased to $6,000, and that the sum of $3,000 in addition to the present aunual appropriation be made available for the use of the library for the current year. Referred to Committee on Public Libraries. The President of the Senate presented a memorial from the Boys' and Girls' National Home and Employment Association, of Lincoln, Neb., asking for the passage of an act similar to the one attached to the memorial. Referred to the Committee on Charitable Institutions. On request of Senator Hurst, Senator Hipwell was granted leave of absence. INTRODUCTION OF BILLS. By Senator Boardman, Senate file No. 139, a bill for an act to amend chapter 193 of the acts of the Twentieth General Assembly of the State of lowa, and make further provision in reference to the investment of the endowment fund of the Iowa State Agricultural College and Farm. Read first and second times and referred to Committee on Public Lands. By Senator Cheshire, Senate file No. 140, a bill for an act to amend section 1, chapter 18, of the acts of the Twenty-second General Assembly. Read first and second times and referred to Committee on Public Libraries. By Senator Dent, Senate file No. 141, a bill for an act to amend section twenty-six hundred and forty-eight of the code of this State. Read first and second times and referred to Committee on Judiciary. By Senator Gorrell, Senate file No. 142, a bill for an act to regulate and equalize the assessment laws and compel the owner of notes, mortgages, and other securities to pay their just proportion of taxes whether they reside in Iowa or elsewhere. Read first and second times and referred to Committee on Ways and Means. By Senator Harmon, Senate file No. 143, a bill for an act creating in certain cities of the first-class a board of library trustees, defining the powers and prescribing the duties of such board. Read first and second times and referred to Committee on Cities and Towns. |