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Which bill was read the first and second time and ordered to lie on the table..
Mr. Childs, by leave, presented the account of D. M. Whitney, for expenses incurred as Sergeant-at-Armsd,
Referred to the committee on claims, 1171
Mr. Wells, by leave, presented the account of H. Reed, for printing the laws passed at the last session of the Legislature.
Referred to the committee on claims.
Resolved, That after 2 o'clock this day, no new business shall, be received, to be acted upon by this House, except accounts, re, ports of committees upon subjects which may previously to that time be referred to them, and the appropriation bill.
Mr. Sholes moved that the said resolution be laid on the table and pending the question thereon,
On motion of Mr. Billings,
2 O'CLOCK, P. M. On motion of Mr. Shew, A call of the House was had, and the Sergeant-at-Arms senty after Messrs. Street and Shackelford.
Mr. Bracker asked and obtained leave to withdraw report, marked B, relative to printing.
Mr. Bracken, by leave, submitted the said report marked B, which was read and is as follows :
“The select committee to whom was referred a resolution rela. tive to printing, with authority to enquire into the propriety of giving the incidental printing of the House to the editors of the Wisconsin Enquirer, report:
“ That they have examined a number of witnesses relative to ani, alleged overcharge for printing done for the Legislature by J. A. Noonan, one of the editors of said paper. The testimony of the witnesses has been reduced to writing by your committee, and is submitted to the House herewith,
* Your committee state that Mr. Henry Sholes, who it appears is a very important witness, resides at Green Bay. Owing to tho shortness of the present session, his attendance before your com. mittee could not be had in time to enable your committee to take his testimony and report during the present session."
On motion of Mr. Story, The said report was accepted and the committee discharged. Mr. Whiton offered the following resolutions :
Resolved, That there is not sufficient evidence before the House to induce the belief that J. A. Noonan has been guilty of fraud or corruption in making incorrect charges in his account for printing done for the Legislature.
Resolved, That the editors of the Wisconsin Enquirer be em. ployed to do the printing for this House during the present session.
Mr. Shackelford moved the indefinite postponement of the first resolution ; which was agreed to.
The ayes and noes having been called for by Mr. Bracken, on the said motion, were as follows, viz:
Ayes-Messrs. Beardsley, Bracken, Brunson, Childs, Craig, McGregor, Ray, Shackelford, Shew, Story, Sutherland and Wells-12.
Noes—Messrs. Billings, Conroe, Cruson, Hoyt, Jenkins, Longstreet, Newman, Stevens, Street, Whiton and Dewey, speak; er-11.
The question was then taken on the adoption of the second resolution, and was agreed to. The
ayes and noes having been called for, were as follows, viz : Ayes-Messrs. Beardsley, Billings, Brunson, Childs, Conroe, Craig, Cruson, Hoyt, Jenkins, Longstreet, Newman, Ray, Shack. elford, Shew, Stevens, Street, Wells, Whiton and Dewey, speak. er 19. Noes-Messrs. Bracken, McGregor, Story and Sutherland-4. The following resolution was then taken up, and
On motion of Mr. Billings, was laid on the table. Resolved, That after two o'clock this day no new business shall
be received to be acted upon by this House, except accounts, re. ports of committees upon subjects which may previously to that time be referred to them, and the appropriation bill.
Mr. Bracken, from the committee on territorial affairs, 10 which resolution No. 2 was referred, reported a substitute for said resolution, which was read the second time, entitled as follows:
Resolutions in addition to resolutions relating to the Southern Boundary and the admission of Wisconsin into the Union as a State, approved January 13, 1840.
On motion of Mr. Wells, The House went into committee of the whole on the following resolution and bill, Mr. Bracken in the chair, entitled
No. 3. “Resolutions relating to the appointment of Wm. B. Slaughter, Fiscal Agent,” and
No. 4. " A bill relative to the Bank of Mineral Point."
After a short time the committee reported the said bill and reso. Jution to the House with amer.dments.
Mr. Bracken moved that bill No. 4 be laid on the table, which was decided in the negative.
The report of the committee was then agreed to, and the said bill and resolution were severally ordered to be engrossed for the third reading.
Mr. Sholes, from the select committee to which was referred the subject, made the following report :
The select committee to which was referred that part of the Governor's message, relating to the failure in the printing and dis. tribution of the laws passed at the last session of the Legislature, at the time contemplated by the resolutions of the Assembly, beg leave to report, that they have investigated the subject, and have come to the conclusion, from the facts submitted to them, that the delay alluded to was altogether the result of accidental circum. stances, over which neither the agent appointed to prepare the laws for publication, nor the publisher, had control. It appears from a statement handed to your committee by Mr. Brigham, that the laws were copied, and with the marginal notes, prepared for publi. cation, before the expiration of the thirty days allowed for per. forming the service. They were received by the printer at Mil. waukee in due time, and according to the statement of Mr. Reed, the body of the work was completed in the early part of April,-when a copy was enclosed immediately, by stage, to Mr. Brig. ham, at this place, with a request that he would, without any delay, prepare and forward the index. This copy of the sheets did not reach Madison ; and from the fact that a package containing the printed sheets of the laws was picked up in the streets of Aztalan, by a citizen of that place, it is to be presumed that the stage driver Jost them there. - After waiting four or five weeks for an answer from Mr. Brigham, and for the index, Mr. Reed sent a second copy of the shee!s to this place, where it arrived not until the first day of June. The index, after the arrival of the sheets, was made ready in the space of one week, and immediately forwarded by private conveyance, to Milwaukee ; and shortly after a note was written by Mr. Brigham, to Mr. Reed, informing him that he had prepared the index and sent it. Mr. Reed, however, nat receive ing it, wrote to Mr. Brigham, informing him that it had not arriv. ed, and requestiog a second copy. The latter gentleman, replied by stating that the person in whose hands the index had been pla. ced to be carried to Milwaukee, had stated that he had delivered it at the proper place and in due time, and thinking that there was some mistake on his (Mr. Reed's) part, in relation to the matter, he did not prepare a second copy. - About the time of the receipt of the last note from Mr. Brigham (the 28th or 29th of June) the index was found by one of Mr. Reed's workmen, at a hotel on the west side of the river, where it had doubtless been left by the indis vidual by whom it was sent. It was immediately printed ; and the work placed in the hands of the binder, from whom it was received and forwarded to Madison, on the 30th of July. Hence, it will be seen, that the delay in the printing is not to be attributed to any criminal negligence or omission of duty on the part of either the agent appointed to prepare the laws, or the contractor to print them; that such diligence was used in the premises, by both par
ties, as could reasonably be expected; and that, therefore, although your committee cannot but regret, in connection with his Excel. lency, that the delay has occurred, no blame can be attached to the contractor, Mr. Reed, or to the agent, Mr. Brigham. Your com. mittee, therefore, would not recommend to the House any particu. clar action upon the subject, believing it, under the circumstances, to be unnecessary, and would, in conclusion, ask to be discharged from any farther consideration of the subject.
Which was accepted, and the committee discharged from the further consideration of the subject.
Bill No. 4, from the Council, enti:led " A bill to establish a ter. ritorial road from Madison to Frankfort, in Dodge county," was read the third time, when Mr. Whiton obtained the unanimous consent of the House to amend the bill by adding sections 4, 5 and 6 thereto.
The bill was then passed, and the title amended to read i" A bill to establish certain territorial roads."
Ordered, That the Council be requested to concur in the amendments said bill. - The undermentioned bills were then read the third time, passed, and the titles thereof agreed to, viz:
No.5. "A bill to attach the county of Portage to the county of Dage.”
No. 9. " A bill to divide the town of Elk Horn and to organize the town of Whitewater."
Ordered, That the Council be requested to concur in said bills.
Mr. Longstreet, from the committee to which the account of D. H. Richards for printing was referred, made a favorable report; to which was appended the following resolution :
Resolved, That this report, with the accompanying account, be referred to the committee on expenses.
The report iwas accepted and the resolution adopted.