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ization of the militia of Ohio enlisted under the requisition of the President of the United States," passed April 23, 1861.

Attest:

EDWARD KINSMAN, Clerk.

The President pro tem. then, in the presence of the Senate, signed said bills. Mr. McLung moved that the Senate resolve itself into committee of the Whole; which motion was lost.

Mr. McLung, from the committee on Agriculture, reported that said committee had had under consideration S. B. No. 152, To annex Anderson township, Hamilton county, to Clermont county, for agricultural purposes; and had ordered him to report the same back, recommending that it be engrossed and passed.

W. B. McLUNG,
P. HITCHCOCK,
A. L. PERRILL,
A. G. McBURNEY.

The question then being on ordering said bill to be engrossed, the same was decided in the affirmative.

Said bill was then engrossed at the Clerk's desk, and ordered to be read the third time now.

Said bill was then read the third time, and the question being, "Shall the bill pass ?"

The yeas and nays were ordered, and resulted-yeas 29, nays none, as follows: Those who voted in the affirmative were

Messrs. Bierce, Coates, Eggleston, Finck, Gardner, Godfrey, Gunckel, Harsh, Hitchcock, Hood, Johnston, Kelly, Kenny, Lang, Marshall, Mason, Miles, Monroe, McBurney, McLurg, McVeigh, O'Connor, Perrill, Quinby, Sherrard, Sinnet, Sprague, Welsh and Whetstone-29.

So the bill, having received a constitutional majority, was passed.

Ordered that the title be as aforesaid.

Mr. Mason, from the committee on Judiciary, reported that said committee had had under consideration S. B. No. 85, To authorize the trustees of Newberry township, in Miami county, to sue for certain monies loaned by their predecessors to certain individuals; and had ordered him to report the same back, with sundry amendments, and recommend its passage.

The amendments reported by the committee were agreed to.

The question being, "Shall the bill pass?"

The yeas and nays were ordered, and resulted--yeas 28, nays none, as follows: Those who voted in the affirmative were

Messrs. Bierce. Eggleston, Finck, Gardner, Gunckel, Harsh, Hitchcock, Hood, Johnston, Kelly, Kenny, Lang, Marshall, Mason, Miles, Monroe, McBurney, McLung, McVeigh, O'Connor, Perrill, Quinby, Robison, Sherrard, Sinnet, Sprague, Welsh and Whetstone-28.

Said bill, having received a constitutional majority, was passed.
The title, as amended by the committee, was agreed to.

Mr. Mason, from the committee on Judiciary, reported that said committee had had under consideration a petition in favor of the passage of S. B No. 45, and had ordered him to report the same back and ask to be discharged from the further consideration thereof; which was agreed to.

Mr. Mason, from the committee on Judiciary, reported that said committee had had under consideration S. B. No. 146, To amend section 498 of the civil code, and had ordered him to report the same back, with the recommendation that the same be postponed till the first Tuesday in January, 1863; which was agreed to.

Mr. Gunckel, from the committee on the Judiciary, reported that said committee had had under consideration S. B. No. 139, To amend an act entitled an act concerning divorce and alimony, and had ordered him to report the same back, with a recommendation that the same be indefinitely postponed.

S. MASON,

W. E. FINCK,
LEWIS B. GUNCKEL,
JNO. JOHNSTON.

The report of the committee was agreed to, and the bill so postponed. Mr. Finck, from the committee on Judiciary, reported that said committee had had under consideration H. B. No. 110, To amend section 287 of an act entitled "an act to establish a code of civil procedure," passed March 11, 1853, and had ordered him to report the same back with amendments, and recommend the passage of said bill.

S. MASON,

ROBT. SHERRARD, JR.,
LEWIS B. GUNCKEL,
JNO. JOHNSTON.

The amendments reported by the committee were agreed to.
Said bill was read the third time

The question being, "Shall the bill pass ?"

The

yeas and nays were ordered, and resulted--yeas 28, nays none--as follows: Those who voted in the affirmative were

Messrs. Bierce, Eggleston, Finck, Gardner, Groesbeck, Gunckel, Harsh, Hitchcock, Hood, Johnston, Kelly, Kenny, Lang, Marshall, Miles, Monroe, McBurney, McLung, McVeigh, O'Connor, Perrill, Quinby, Robison, Sherrard, Sinnet, Sprague, Welsh and Whetstone-28.

So the bill, having received a constitutional majority, was passed.

Ordered that the title be as aforesaid.

Mr. Monroe submitted the following report from the standing committee on Schools and School Lands:

of any

The standing committee on Schools and School Lands, to which were referred the memorial of W. D. Henkle and many other citizens of Warren county, and the memorial of the Board of Education of the city of Cleveland, remonstrating against the passage law abolishing the office of State School Commissioner, have had said memorials under consideration, and respectfully submit the following report: Your committee are unanimously opposed to the abolition of the School Commissioner's office, and they believe that the large majority of this General Assembly concur with them in this opinion. The removal of the Commissioner from his office would greatly impair the unity, harmony and efficiency of the school system, and would be of no benefit to the State in the way of retrenchment. The watchtu! supervision which the School Commissioner exercises over the school system, frequently saves Boards of Education from falling into serious errors in the discharge of their duties, and prevents much vexatious litigation and unnecessary expense. Were this supervision entirely removed, the greatest evils would follow, and were its duties devolved upon clerks in the office of the Secretary of State, they would be performed much less satisfactorily, and with nearly the same expense. Your committee, therefore, ask to be discharged from the further consideration JAMES MONROE,

of the subject.

W. B. McLUNG,
ROBERT SHERRARD, JR.,
M. GARDNER,

J. P. ROBISON.

Mr. Monroe, from the same committee, reported as follows:

The same committee have had under consideration the memorial of John Lamb, asking that further power be given to local school directors to expel disorderly pupils from school; also, the petition of Thomas J. Moore and others, asking that all power of taxation may be taken from Boards of Education; also, the memorial of James Aybeworth and others, praying that the school law may be so amended as to change the present mode of districting the State for school purposes. Your committee are of the opinion that there may be some merit in some of these propositions, but not enough to compensate for the inconveniences of a change in the law; which was agreed to.

Mr. Monroe, from the same committee, submitted the following:

The same committee have had under consideration certain petitions from Tusca rawas county, asking that the school law may be so amended as to reduce the time during which schools are now required to be maintained, to four months. Your committee are of the opinion that such an amendment to the law is not necessary. The levy for school purposes which will be fixed upon by the General Assembly, and the reduction in the compensation of teachers which will naturally take place in the present condition of the country, will enable Boards of Education to prolong schools for the number of months now required by law. Your committee ask to be discharged from the further consideration of the petitions; which was agreed to. Mr. Welsh, from the committee on Fees and Salaries, to which was referred H. B. No. 96, Relating to the fees of county auditors, reported that said committee had had the same under consideration, and had ordered him to report the same back with the following amendment, to wit: strike out all after the enacting clause, and insert a substitute. With this amendment, the committee recommend the passage of the bill.

On agreeing to the amendments reported by the committee,

The

yeas

and nays were ordered, and resulted-yeas 22, nays 6, as follows: Those who voted in the affirmative were

Messrs. Bierce, Finck, Godfrey, Groesbeck, Harsh, Hitchcock, Hood, Johnston, Kelly, Kenny, Lang, Miles, McLung, McVeigh, O'Connor, Perrill, Quinby, Robison, Sinnet, Sprague, Welsh and Whetstone-22.

Those who voted in the negative were

Messrs. Coates, Gardner, Gunckel, Marshall, Monroe and McBurney-6.

So the amendments were agreed to.

The question then being, "Shall the bill pass ?"

The yeas and nays were ordered, and resulted--yeas 24, nays 4, as follows:

Those who voted in the affirmative were

Messrs. Bierce, Finck, Gardner, Godfrey, Groesbeck, Gunckel, Harsh, Hitchcock, Hood, Johnston, Kelly, Kenny, Lang, Miles, Monroe, McLung, McVeigh, Perrill, Quinby, Robison, Sinnet, Sprague, Welsh and Whetstone-24.

Those who voted in the negative were-

Messrs. Coates, Marshall, McBurney and O'Connor-4.

So the bill, having received a constitutional majority, was passed.
Ordered that the title be as aforesaid.

On motion of Mr. Perrill,

The Senate took a recess.

HALF-PAST TWO O'CLOCK P. M.

Mr. Hitchcock, from the committee on Agriculture, reported that said committee had had under consideration S. B. No. 67, "To raise revenue, protect sheep, and

confiscate dogs," and had ordered him to report the same back, recommending that the Senate agree to House amendments.

On agreeing to said House amendments,

The yeas and nays were ordered, and resulted-yeas 22, nays 1-as follows:

Those who voted in the affirmative were

Messrs. Bierce, Eggleston, Gardner, Godfrey, Groesbeck. Ganckel. Harsh, Hitchcock, Hood, Johnston, Kelly, Kenny, Lang, Monroe, McLung, McVeigh, O'Connor, Quinby, Robison, Sinnet, Sprague and Welsh-22.

Mr Finck voted in the negative.

So the amendments were agreed to.

64

Mr. Hitchcock, from the committee on Retrenchment, reported that said committee bad had under consideration S. B. No. 91, Prescribing the fees of county treasurers," with the House amendment, and had ordered him to report the same back, recommending that the S-nate disagree to said amendment.

On agreeing to said House amendments,

The yeas and nays were ordered, and resulted-yeas 4, nays 19-as follows: Those who voted in the affirmative were

Messrs. Gunckel, Monroe, McLung and Sprague-4.

Those who voted in the negative were—

Messrs. Bierce, Coates, Eggleston, Finck, Gardner, Godfrey, Harsh, Hitchcock, Johnston, Kelly, Keney, Lang, Mason, Miles, McVeigh, O'Connor, Quiuby, Sinnet and Welsh-19.

S the amendments were not agreed to.

Mr. Lang, from the committee on Retrenchment, reported that said committee had had under consideration H. B. No. 210, To amend sections 24 29, 10. 41 and 42 of "an act for the assessment and taxation of property in this State," &c., and had ordered him to report the same back, recommending its postponement until the first day of the next session of the General Assembly.

The report of the committee was agreed to, and the bill so postponed.

Mr. Finck, from the committee on Military Affairs, reported that said committee had had under consideration House amendments to S. B. No. 103, To amend sections 34, 41 and 65 of the act "to organize and discipline the militia and volunteer militia," passed March 28, 1857, and had ordered him to report the same back, and recommend that the Senate do concur in said amendments, except the amend ment of section 4, in line 5, and that said amendment be not concurred in.

On agreeing to the House amendments as amended by the committee,
The

yeas and nays were ordered, and resulted-yeas 24, nays none--as follows: Those who voted in the affirmative were

Messrs. Bierce, Coates. Eggleston, Finck, Gardner, Godfrey, Groesbeck, Gunckel, Har-h, Hood, Johnston, Kelly. Kenny, Lang, Mason. Miles. Monroe, M.Ling, McVeigh, O'Connor, Quinby, Rub son, Sionet and Sprague-24.

So the House amendments as amended were agreed to.

Mr. Groesbeck, from the committee on Finance, reported that said committre had had under consideration S. B. No. 86, Prescribing the rates of taxation for State, county, township, city, and other purposes, and had ordered him to report the same back, and recommend that the Senate agree to all of the House amendnents, except the two rela ive to the school tax.

On agreeing to the report of the com nittee, a division of the question was order. ed, and the question being on agreeing to the amendments recommenced by the committee, they were agreed to.

36-SENATE JOUR.

The question then being on agreeing to House amendments relative to the general and local school tax,

The yeas and nays were ordered, and resulted-yeas 10, nays 16-as follows: Those who voted in the affirmative were

Messrs. Bierce, Coates, Godfrey, Johnston, Kelly, Lang, Marshall, Mason, O'Connor and Sprague-10.

Those who voted in the negative were

Messrs. Eggleston, Finck, Gardner, Groesbeck, Gunckel, Harsh, Hitchcock, Hood, Miles, Monroe, McLung, McVeigh, Quinby, Robison, Sinnet and Welsh

-16.

So said amendments were disagreed to.

Mr. Gardner, from the committee on State Buildings, reported that said committee had had under consideration Senate Resolution No. -, Relative to the condition of the heating apparatus of State House, and had ordered him to report the same back, with a resolution recommending the Finance committee to incorporate in the general appropriation bill the sum of $975, for repairs of heating apparatus and other purposes.

The resolution reported by the committee was agreed to.

Mr. Sprague submitted the following report from a committee of Conference: The joint committee of Conference on H. B. No. 39, have had under consideration the subject-matter of said bill, and the House amendment thereto, recommending that the amendment of the House be concurred in by the Senate, after amending the same as follows:

Strike out of line 9, of section 1, the words "eighteen hundred" and insert "two thousand."

Also, strike out of line 39, of section 1, the word "eight" and insert “twelve.” Respectfully submitted,

W. P. SPRAGUE,

L. V. BIERCE,

W. S. GROESBECK,
Senate Committee.

J. BARTRAM,

W. H. WEST,

S. O. GRISWOLD,

The amendment reported by the committee was agreed to.

On agreeing to the report of the committee,

House Committee.

The yeas and nays were ordered, and resulted-yeas 21, nays 5-as follows: Those who voted in the negative were

Messrs. Bierce, Coates, Gardner, Godfrey, Groesbeck, Gunckel, Harsh, Hitchcock, Hood, Johnston, Kelly, Miles, Monroe, McLung, McVeigh, O'Connor, Quinby, Robinson, Sinnet, Sprague and Welsh-21.

Those who voted in the negative were

Messrs. Kenny, Lang, Marshall, Mason and Perrill-5.
So the report of the comniittee was agreed to.

On motion, the Senate went into secret session on Executive nominations.

Mr. Monroe submitted the following report:

The standing committee on Reform Farra and the State Asylum for Idiotic and Imbecile Youth, to which was referred the appointment of J. A. Lutz as a Trustee of said Asylum, has had the same under consideration, and recommends that the Senate do advise and consent to the nomination.

On advising and consenting to said appointment,

The yeas and nays were ordered, and resulted-yeas 27, nays none as follows:

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