years from the receipt of said illegal compensation; said action may be brought in the name of the insurance company or association, or may be brought in the name of any shareholder or policy holder for the benefit of said shareholder or policy holder.

A roll call was demanded on the amendment.

On the question, Shall the amendment be adopted?

The yeas were:

Senators Alexander, Alberson, Allyn, Arthaud, Bachman, Ball, Bishop, Bolter, Crossley, Eaton, Emmert, Finch, Gorrell, Griswold, Healy, Hobart, Junkin, Lambert, Lewis, Lister, Lyons, McIntire, Mardis, Moffit, Nolan, Penrose Perrin, Porter, Smith, Tallman, Townsend, Trewin, Young-33.

The nays were:

Senators Classen, Craig, Fitchpatrick, Hayward, Mullan—5. Absent or not voting:

Senators Blanchard, Brighton, Cheshire, Garst, Harriman, Hopkins, Hubbard, McArthur, Titus, Wallace, Wilson, Hazelton-12.

So the amendment was adopted.

Senator Mullan moved the adoption of the following amend

ment:

Amend section 15 by adding after the word "section" in the first line the words and figures, "seventeen hundred and seventy (1770).”

Adopted.

Amend by adding the words and figures, "seventeen hundred and eightyfive (1785)" after the figures "1775," in the second line of section 15. Adopted.

Senator Moffit offered the following amendment and moved its adoption:

Amend by adding to said bill the following section: Sec. 3. No note shall be accepted as part of the capital of a stock company nor as a premium note for the purpose of organizing a mutual company unless secured by first mortgage upon real estate situated in the state of Iowa and accompanied by a certificate of the clerk of the district court or other courts of record of the county in which the lan is situated to the effect that the real estate covered by the mortgage is worth at least double the amount thereof; the provisions of this section shall be held to apply to all insurance companies organized and doing business under chapters 6 and 7, title 9 of the code, and all acts and parts f acts inconsistent herewith are hereby repealed.

Senator Ball offered the following substitute to the amend ment offered by Senator Moffit:

Add to section 3 the following:

"Such notes shall be approved by the auditor of state and deposited with him for preservation, and he shall examine the same and the security thereon at least once each year and approve or disapprove the same. In all cases where such notes or any of them are disapproved, the association shall at once substitute new notes therefor to be approved by the auditor, and the certificate authorizing any such association to do business in the state shall be revoked in case it fails to comply with this provision.”

Senator Harriman moved that when the Senate adjourn it be to meet at 2 o'clock P. M.

Carried.

Senator Harriman moved that further consideration of Senate file No. 191 be deferred until this afternoon, and that the Senate take up House messages and correct the Journal. Carried.

HOUSE MESSAGES CONSIDERED.

House file No. 291, a bill for an act to amend section 1119 of the code, in relation to the marking and validity of ballots. Read first and second time and referred to committee on Elections.

House file No. 266, a bill for an act to amend section 1272 of the code, relative to the appointment of city officers to fill vacancies.

Read first and second time and referred to committee on Judiciary.

House file No. 237, a bill for an act to amend section 2348 of the code, relative to bounties on wild animals.

Read first and second time and referred to committee on Fish and Game.

Senate file No. 295, a bill for an act amending section 1116 of the code, in relation to form of ballots, and providing that voting upon constitutional amendments or other public measures shall be by separate ballot.

House recalls Senate file No. 273.

Ordered returned to House.

The Journal of yesterday was taken up, corrected and approved.

The President announced that House file No. 389 would be referred to the committee on Senatorial and Representative Districts, it having been previously referred to the wrong committee by mistake.

The hour having arrived the President declared the Senate adjourned until 2 o'clock P. M.

AFTERNOON SESSION.

Senate met in regular session at 2 o'clock P. M., pursuant to adjournment, President Milliman presiding.

On request of Senator Mullan, leave of absence was granted Senator McArthur.

On request of Senator Lewis, leave of absence was granted Senator Blanchard.

On request of Senator Allyn, leave of absence was granted Senator Arthaud.

REPORTS OF COMMITTEES.

Senator Lambert, from the committee on Fish and Game, submitted the following report:

MR. PRESIDENT-Your committee on Fish and Game, to whom was referred Senate file No. 244, a bill for an act to amend section twenty-five hundred and fifty-one (2551) of the code, relating to the protection of game, beg leave to report that they have had the same under condsideration and have instructed me to report the same back to the Senate with the recommendation that the same be indefinitely postponed.

Ordered passed on file.

THOS. LAMBERT,
Chairman.

Senator Garst, from the committee on Appropriations, submitted the following report:

MR. PRESIDENT-Your committee on Appropriations, to whom was referred House file No. 106, a bill for an act to provide for the erection of monuments to mark the positions occupied by Iowa volunteers at the battle of Shiloh, Tenn., and to make appropriations to pay for the same, and to pay

the expenses of the commissioners, 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, and when so amended that the bill do pass: That section 1 be amended by striking from the sixth line thereof the words "after named in this act" and inserting in lieu thereof the words "provided for." That section 2 be amended by striking from the second and third lines thereof the words "to mark the positions occupied by Iowa troops in the battle of Shiloh."

Amend section 2 by inserting after the word "Iowa" in the middle of the sixth line the words, " one soldier from the Eighth Iowa."

Also amend said section 2 by striking out all thereof after the word "Governor " in the tenth line thereof.

WARREN GARST,

Chairman.

Ordered passed on file.

Also:

MR. PRESIDENT-Your committee on Appropriations, to whom was referred Senate file No. 257, a bill for an act amending section 123 of the code, and to prohibit the charging off of balances of unexpended appropriations, 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 do pass.

Ordered passed on file.

Also:

WARREN GARST,

Chairman.

MR. PRESIDENT-Your committee on Appropriations, to whom was referred Senate file No. 217, a bill for an act to provide for the erection of monuments to mark the positions occupied by Iowa volunteers at the battle of Shiloh, Tenn., and to make an appropriation to pay for the same, and to pay the expenses of the commissioners, 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 indefi. nitely postponed.

Adopted.

WARREN GARST,
Chairman.

Senator Alexander, from the committee on Banks, submitted the following report:

MR. PRESIDENT-Your committee on Banks, to whom was referred substitute for House file No. 159, a bill for an act to provide and regulate the administration of trusts by state and savings banks, and loan and trust companies organized under and by virtue of the laws of Iowa, 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 do pass, with the following amendments: Amend the title by striking out the word "provided," in the first line, and insert in lieu thereof the word "permit;" also, strike out the period after the word "Iowa," and insert a comma in lieu thereof, and add the following: "and to amend section eighteen hundred and fifty-five (1855) of the code."

Amend section one (1) by inserting after the word "Iowa" in line two (2), the following: "And located within the county where the estate hereinafter mentioned or a part thereof, is situated, or insolvent or ward resides, or deceased resided at the time of his death."

Strike out section four (4) of the bill and add the following in lieu thereof:

Section four (4). Amend section eighteen hundred and fifty-five (1855) of the code by inserting a comma after the word "deposits," in the third line, and the following words, "liabilities that may be incurred by reason of such bank acting as receiver, assignee, guardian, executor, administrator, or trustee."

J. S. ALEXANDER,

Chairman.

Ordered passed on file.

Senator Craig, from the committee on Insurance, submitted the following report:

MR. PRESIDENT-Your committee on Insurance, to whom was referred Senate file No. 213, a bill for an act to provide for the further regulation of life insurance, 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 indefinitely postponed. G. M. CRAIG,

Ordered passed on file.

Chairman.

On motion of Senator Harriman, House file No. 29, a bill for an act to amend section 1563 of the code, relating the Russian thistle, with report of committee recommending amendments, was taken up, considered, and the report of the committee adopted.

Senator Harriman moved the adoption of the following committee amendments:

Amend by striking out of line 1, section 1 thereof, the words "Russian thistle," and inserting in line 14 thereof, between the words "which" and "thistle," the word "such.”

Adopted.