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The bill was referred to the committee on Engrossment and Enrollment for enrollment.

MOTIONS AND RESOLUTIONS.

Mr. Preston offered the following resolution:

Resolved That hereafter the daily session of the Senate be held at 11 o'clock a. m.;

Which resolution was adopted.

Mr. Barnard offered the following resolution:

Resolved, That after this afternoon session no person be allowed on the floor of the Senate except Senators, Representatives, State officers and their lady friends;

Which resolution was adopted.

Mr. Warner offered the following resolution:

Resolved, That N. J. Miller, bill clerk, be allowed $1 per day during the session in addition to the compensation allowed, for extra work performed by him during this session;

Pending which,

On motion of Mr. Jibb the resolution was laid on the table.

Mr. Colman offered the following resolution:

WHEREAS, The reporters on the staff of our daily papers, who have been in attendance upon the work of the session daily since its beginning, have labored industriously and faithfully in reporting the proceedings of this body; and

WHEREAS, The relation between members and reporters has been of a most cordial and friendly character; therefore

Resolved, That the thanks of the Senate be extended to each member of the reportorial staff in attendance upon this legislature during the session just closing;

The question being on the adoption of the resolution,

Mr. Lawrence moved to lay the resolution on the table;

Which motion did not prevail.

The question then being on the adoption of the resolution,

Mr. Warner moved the previous question,

Which motion was seconded.

The question then being, "Shall the main question now be put."
The same was ordered.

The resolution was then adopted.

THIRD READING OF BILL

House bill No. 38 (file No. 439), entitled

A bill to amend Sec. 5 of Chap. 75 of the revised statutes of 1846, entitled "Of the administration and distribution of the estate of intestates," as amended by subsequent acts, being Sec. 5851 of Howell's annotated statutes;

Was read a third time and passed, a majority of all the Senators elect voting therefor, by yeas and nays, as follows:

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Mr. Barnard moved to discharge the committee on Taxation from the further consideration of

House bill No. 141 (file No. 73), entitled

A bill to provide for the taxation of inheritances, transfers of property by will, transfer of property by the interstate laws of this State or transfers of property by deed, grant, bargain, sale or gift made in contemplation of the death of the grantor, vendor or donor or intended to take effect in possession or enjoyment at or after such death; Which motion did not prevail.

GENERAL ORDER.

On motion of Mr. Loomis,

The Senate went into committee of the whole on the general order, Whereupon,

The President called Mr. Prescott to the chair.

After some time spent therein, the committee rose and through their chairman, made the following report:

The committee of the whole have had under consideration the fol lowing:

House bill No. 339 (file No. 476), entitled

A bill to limit the liability of sureties on bonds given on appeal from justice courts;

Have made no amendments thereto, and have directed their chairman to report the bill back to the Senate and recommend its passage.

House bill No. 965, entitled

A bill relative to suits for damages for libel or slander, and to repeal act No. 216 of the laws of 1895, entitled "An act regulating the bringing of actions for, and limiting damages for libel and slander in respect to feelings, and providing for separate awards by juries in such actions;

Have directed their chairman to report the same back to the Senate, with the recommendation that all after the acting clause of the bill be stricken out.

GEORGE A. PRESCOTT,
Chairman.

Report accepted.

The first above named bill was placed on the order of third reading of bills.

The question being on concurring in the recommendation of the committee regarding the bill named in part II of the report;

Mr. Covell demanded the yeas and nays.

The Senate then concurred, a majority of all the Senators present voting therefor, by yas and nays, as follows:

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Sir-I am instructed by the House to return to the Senate the following concurrent resolution:

WHEREAS, The government of the United States, through the postoffice department, is paying an average of eight cents per pound for transporting of the mails for an average distance of 448 miles; and

WHEREAS, In addition to this eight cents per pound the government is paying a rental on postal cars of three millions six hundred thousand dollars per annum; and

WHEREAS, The rental of five hundred postal cars in twenty years, the life of an ordinary car, will amount to seventy-two million dollars; and WHEREAS, These same five hundred cars can be built and owned by the government for less than two millions of dollars; and

WHEREAS, The same railroads are carrying express matter at the rate of one cent per pound, furnishing their own cars; and

WHEREAS, The railroads are transporting milk a distance of 396 miles at one-sixth of a cent per pound; and

WHEREAS, Several of the railroads are carrying merchandise for eighttenths of one cent per pound, for the distance of 2,500 miles, all of which is elaborately discussed in an article by the Honorable Walter Clark, L.L. D., published in the Arena for May on pages 947 to 955 inclusive; therefore be it

Resolved by the Senate (the House concurring), That our Senators and Members of congress at Washington be requested to investigate this subject, and if possible secure legislation that will correct this great injustice to the people of this nation.

The Secretary of the Senate is hereby directed to forward to each Michigan Senator and Representative at Washington a copy of this preamble and resolution;

In the adoption of which the House has concurred.

Very respectfully,

LEWIS M. MILLER,

Clerk of the House of Representatives.

The concurrent resolution was referred to the committee on Engross-ment and Enrollment for enrollment.

The President also announced the following:

HOUSE OF REPRESENTATIVES,
Lansing, May 28, 1897.

To the President of the Senate:

Sir-I am instructed by the House to return to the Senate the following bill:

Senate bill No. 485 (file No. 111), entitled

A bill to amend Secs. 1, 2, 3 and 6 of act No. 138 of the public acts of 1881, entitled "An act to provide for the medical and surgical treatment of dependent children at the hospital of the Michigan University, the same being compiler's Secs. 1813, 1814, 1815 and 1816, of Chap. 43 of Howell's annotated statutes of Michigan;"

In the passage of which the House has concurred by a majority vote of all the members elect.

Very respectfully,

LEWIS M. MILLER,

Clerk of the House of Representatives.

The bill was referred to the committee on Engrossment and Enrollment for enrollment.

THIRD READING OF BILLS.

House bill No. 339 (file No. 476), entitled

A bill to limit the liability of sureties on bonds given on appeal from justice courts;

Was read a third time and passed, a majority of all the Senators elect voting therefor, by yeas and nays, as follows:

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The President announced that in pursuance of a concurrent resolution adopted by the House and Senate on May 10, granting such authority he would appoint Senator Preston as a member of the committee to act in conjunction with the State Game and Fish Warden and the chairman of the State Board of Fish Commissioners to secure uniform legislation on the subject of fish and game for the states of Michigan, Wisconsin, Minnesota and Illinois, and report to the next regular session of the legislature by bill.

On motion of Mr. Barnard,

The Senate took a recess until 8 o'clock this evening.

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To the Senate and House of Representatives:

EXECUTIVE Office,
Lansing, May 28, 1897.

I have certain information, prepared at my request by the Commissioner of Railroads, computing the amount of taxes that will be realized from railroad companies and depot companies under the Merriman bill, so-called, computed upon the earnings of the railroad companies for 1896. I have also caused to be prepared and herewith submit the opinion of the Commissioner of Railroads as to the validity of the railroad tax law, being act No. 129 of the public acts of 1893, and the so-called Merriman amendment thereof, both of which matters of information I make a part of this message. I deem it my duty, even at this late hour in the session, to call your attention to them. You have yet the time during the present session, by taking proper action, to frame a bill which will be unquestionable in form, to secure to the State that small amount which the Merriman bill purports to give to it in increased taxes.

While an early adjournment may be desirable it would be very unsatisfactory if it shall result in leaving the people without adequate legal relief. I again earnestly recommend that the few remaining hours of your session be devoted to placing this matter in proper legal form, and if time be found insufficient that the session be extended a short time for that purpose.

I have submitted the opinion of the Railroad Commissioner to other counsel eminent in the practice of their profession, and am advised that what is attempted by the Merriman bill is illegal and is an attempt on.

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