TWO O'CLOCK, p. m. House met pursuant to adjournment. On motion of Mr. Williams, The rule was dispensed with, and a Senate bill for "An act to correct and legalize the census of Tazewell county," taken from the orders of the day, read the first time, and Ordered to a second reading. On his further motion, The rule was dispensed with, and the bill read the second time by the title, and referred to the committee on Education. On motion of Mr. Morris, The rule was dispensed with, for the reception of reports from standing committees. The question pending some days since when the House adjourned, on the motion of Mr. Kretsinger, to re-commit the bill for "An act to limit the time of commencing suits in certain cases," with instructions, to the committee on the Judiciary, came up in its regular order; when, On motion of Mr. Underwood, The proposed instructions were laid on the table. The question was then taken on the motion to re-commit the bill and the proposed amendment to the committee on the Judiciary, and decided in the affirmative. A message from the Senate, by Mr. Elwood, their Assistant Secretary: Mr. Speaker: The Senate have passed bills herewith presented for the concurrence of the House of Representatives, entitled: "An act to amend the ninty-first chapter of the Revised Laws, entitled, 'Rights of Property;"" "An act relating to the qualifications of certain officers therein named;" "An act for the relief of Edward B. Tinney;" "An act to amend an act, entitled "An act to incorparate Mount Carmel in Wabash county," and "An act to amend the 28th chapter of the Revised Statutes, entitled 'County Treasurer's and county funds.'" The question pending some days since when the House adjourned, on the amendment of the committee of the Judiciary to the bill for "An act to prevent tresspass on land," came up in order; when, Mr. Huffman moved to amend the amendment, by adding the following as a proviso, viz: "Provided, That this act shall not be so construed as to prevent coon and bee hunters from cutting such coon and bee trees as they may from time to time find while hunting for the same." Mr. Morris moved to lay the amendment proposed by Mr. Huffman on the table; which was not agreed to. The question was then taken on the amendment proposed to the amendment of the committee, and decided in the negative, by yeas and nays, on the demand of Messrs. Harrington and Morris, as follows: Those who voted in the affirmative, are, Messrs. Bailey of Brown, Bailey of Fulton, Bailey of Rock Island, Boyakin, Boyle, Cantrill, Casey, Chapman, Creel, Cunningham, Dana, Davis, Dawson, Denning, Enloe, Erwin, Funkhouser, Glover, Griffith, Harpole, Hart, Hayes, Hick, Hodges, Huffman, Johnston, Kinney, Little of Will, Lukins, McDowell, McLain, Miller, Morrison of Monroe, Omelveny, Ozburn, Remann, Rutledge, Sherman, Stokes, Stookey, White, Williamson, Wright and Wynne.-44. Those who voted in the negative, are, Messrs. Archer, Barber, Blakeman, Bragg, Brown, Buckley, Campbell, Caswell, Cockle, Constant, Cross, Cummings, D'Wolf, Eads, Ela, Epperson, Everett, Fry, Glenn, Gilmore, Hansford, Harrington, Janney, Kretsinger, Little of Fulton, Logan of Sangamon, McConnel, Martin, Miner, Morris, Morton, O'Conner, Peirson, Prevo, Randolph, Reynolds, Robb, Robeson of Woodford, Robinson of Menard, Stanley, Stark, Starkweather, Seehorn, Sims, Slocumb, Smith, Swing, Tappan, Thomas of Bureau, Thomas of Morgan, Turner, Underwood, Wallace, Wardlaw, Wilcox, Williams and Mr. Speaker.-57. The question was then taken on concurring with the committee in their amendment, and decided in the negative. Mr. Johnston moved to amend the bill by adding the following as a proviso, viz: "Provided, That the provisions of this act shall not apply to travelers, movers, or others, or to the soldiers going to, or returning from the Mexican war, who may take and use a sufficiency of wood or timber (doing as little damage to the owner as possible) to make fires to cook their necessary food, and to keep themselves and families from suffering with cold." Mr. Logan of Sangamon moved to amend the proposed amendment, by striking out the words, "travelers, movers, or others, or;" which was not agreed to. Mr. Reynolds moved to amend the proposed amendment, by adding the following as an additional proviso, viz: "Provided, also, That no execution shall issue as in cases of assault and battery, under the provisions of this act, except for cases of burning rails taken from a fence." On motion of Mr. Morris, The proposed amendments were indefinitely postponed, by yeas and nays, on the demand of Messrs. Johnston and Ozburn, as follows: Those who voted in the affirmative, are, Messrs. Austin, Bailey of Fulton, Barber, Blakeman, Bragg, Brown, Campbell, Caswell, Cockle, Cummings, Dana, D'Wolf, Eads, Ela, Epperson, Everett, Glenn, Gilmore, Glover, Hansford, Harrington, Higgins, Kinney, Kretsinger, Little of Fulton, Little of Will, Logan of Sangamon, Lukins, McConnel, Martin, Miller, Miner, Morris, Morrison of Hancock, Morton, Peirson, Reynolds, Robb, Robeson of Woodford, Robinson of Menard, Stanley, Stark, Starkweather, Seehorn, Sims, Skinner, Smith, Swing, Tappan, Thomas of Bureau, Thomas of Morgan, Tucker, Turner, Underwood, Wallace, Wardlaw, West, Wilcox, Williams, Willliamson and Mr. Speaker.—61. Those who voted in the negative, are, Messrs. Archer, Bailey of Brown, Bailey of Rock Island, Boyakin, Boyle, Cantrill, Casey, Constant, Creel, Cross, Cunningham, Davis, Dawson, Denning, Enloe, Erwin, Fry, Funkhouser, Griffith, Grubb, Harpole, Hart, Hayes, Hick, Huffman, Janney, Johnston, Long, McDowell, McLain, Mann, Marshall, Morrison of Monroe, O'Couner, Omelveny, Ozburn, Prevo, Randolph, Remann, Rutledge, Sherman, Slocumb, Stokes, Stookey, White, Wright and Wynne.-47. On motion of Mr. Logan of Sangamon, The bill was amended, by inserting, after the word "unlawfully," where it occurs in the first section, the words, "wilfully and knowingly." Mr. Funkhouser moved to amend the bill, by adding the following, viz: Provided, That this act shall not apply to any person who may commit any of the above named offences through mistake, or in case of neces sity." Mr. Cunningham moved to amend the proposed amendment, by adding the following as an additional proviso, viz: "Provided, That any person having a wagon mired down shall be considered by this act as being in a distressed situation, and shall not be liable to the pains and penalties of this act for taking rails off of fences to prize out their wagons." On motion of Mr. Kretsinger, The proposed amendments were laid on the table. The main question was ordered. The question then recurring on ordering the bill to be engrossed for a third reading, as amended, it was decided in the affirmative, by yeas and nays, on the demand of Messrs. Cunningham and Funkhouser, as follows: Those who voted in the affirmative, are, Messrs. Archer, Austin, Bailey of Fulton, Bailey of Rock Island, Barber, Blakeman, Boyle, Brown, Campbell, Caswell, Cockle, Cross, Cummings, Dana, D'Wolf, Eads, Ela, Epperson, Everett, Fry, Glenn, Gilmore, Glover, Hansford, Harrington, Higgins, Huffman, Janney, Kinney, Kretsinger, Little of Fulton, Little of Will, Logan of Sangamon, Lukins, McConnel, Martin, Miller, Miner, Morris, Morrison of Hancock, Morton, Peirson, Prevo, Reynolds, Robb, Robeson of Woodford, Robinson of Menard, Stanley, Stark, Starkweather, Seehorn, Sherman, Sims, Slocumb, Smith, Tappan, Thomas of Bureau, Thomas of Morgan, Tucker, Turner, Underwood, Wallace, Ward!aw, West, Wilcox, Williams, Wynne and Mr. Speaker.-68. Those who voted in the negative, are, Messrs. Bailey of Brown, Boyakin, Bragg, Buckley, Cantrill, Casey, Chapman, Constant, Creel, Cunningham, Davis, Dawson, Denning, Enloe, Erwin, Funkhouser, Griffith, Grubb, Harpole, Hart, Hick, Hodges, Johnston, Long, McDowell, McLain, Mann, Marshall, Morrison of Monroe, O'Conner, Omelveny, Ozburn, Remann, Rutledge, Stokes, Stookey, Swing, White, Williamson and Wright-10. A bill for "An act to amend the several acts relating to public roads,' pending the reading of which the House adjourned last evening, was read, and Ordered to a second reading. Mr. Morris, from the committee on the Judiciary, to which was referred a bill for "An act to amend the act in relation to fees and salaries," reported the same back, with an amendment, as a substitute; which was read. On motion of Mr. Martin, A call of the House was ordered, when it appeared that Messrs. Eddy, Epperson, Linder, Pickering, Shumway, Wallace and Wilcox, were absent. On motion of Mr. Huffman, Further proceedings under the call were dispensed with. On motion of Mr. Johnston, and The bill and substitute were laid on the table by yeas demand of Messrs. Martin and Reynolds, as follows: Those who voted in the affirmative, are, Messrs. Archer, Bailey of Brown, Bailey of Fulton, Blakeman, Boyakin, Boyle, Bragg, Brown, Buckley, Campbell, Cantrill, Casey, Caswell, Constant, Creel, Cross, Cummings, Cunningham, Curts, Davis, Dawson, Eads, Enloe, Erwin, Glenn, Gilmore, Griffith, Hansford, Harpole, Hayes, Higgins, Hodges, Huffman, Janney, Johnston, Little of Fulton, Lukins, McConnel, McDowell, Mann, Marshall, Miner, Morrison of Monroe, Morton, Ozburn, Prevo, Randolph, Robb, Robeson of Woodford, Rutledge, Starkweather, Seehorn, Sims, Smith, Stickney, Stokes, Stookey, Tucker, Underwood, Wardlaw, White, Williams and Wright.-63. Those who voted in the negative, are, Messrs. Austin, Bailey of Rock Island, Barber, Chapman, Cockle, Dana, D'Wolf, Ela, Everett, Fry, Funkhouser, Glover, Grubb, Harrington, Hart, Hick, Kinney, Kretsinger, Little of Will, Logan of Sangamon, Long, McLain, Martin, Miller, Morris, Morrison of Hancock, O'Conner, Omelveny, Peirson, Remann, Reynolds, Robinson of Menard, Stanley, Stark, Sherman, Skinner, Slocumb, Swing, Tappan, Thomas of Bureau, Thomas of Morgan, Turner, Wallace, West, Williamson, Wynne and Mr. Speaker.-47. Mr. Johnston, from the committee on Public Accounts and Expendi tures, to which was referred the report of the Public Printer, reported the same back, and asked to be discharged from the further consideration of the same. The question being taken on discharging the committee, it was decided in the affirmative. Mr. Johnston, from the same committee, to which was referred the petition of Johnson and Bradford, reported the same back, and asked to be discharged from the further consideration of the same. The question being taken on discharging the committee, it was decided in the affirmative. On motion of Mr. Logan of Sangamon, Said petition was referred to a select committee. Ordered, That Messrs. Logan of Sangamon, Long and Reynolds, be that committee. Mr. Kretsinger, from the committee on the Judiciary, to which was referred the petition of Albert Ellis, of Winnebago county, asking for a pre-emption on certain State lands therein named, reported a bill for "An act for the relief of Albert Ellis;" which was read, and Ordered to a second reading. Mr. Logan of Sangamon, from the committee on the Judiciary, to which was referred a bill for "An act requiring the punctual discharge of duties by the Attorney General and the several State's Attorneys," reported the same back, without amendment, and recommended its passage. Ordered, That the bill be engrossed for a third reading. Mr. Boyakin from the committee on the Judiciary, to which was referred the report of the committees on Finance of the two Houses, in relation to the late Auditor of Public Accounts, reported the same back, and recommended the adoption of the following preamble and resolu tion, viz: Whereas, The committee on Finance, to which that duty was assigned, after an examination of the accounts and official acts of William L. D. Ewing, late Auditor of Public Accounts, have reported to the House of Representatives that said Auditor was in arrears and default to the State of illinois in a considerable sum of money, &c.; therefore, Resolved by the House of Representatives, the Senate concurring herein, That the Attorney General of this State be instructed to proceed forthworth, under the counsel and advice of the Governor, against the representatives of the said William L. D. Ewing, and the securities upon his official bond, in the courts of this State, to recover of them the sum for which he may be found in default. The question being taken on concurring with the committee in the adoption of the preamble and resolution, it was decided in the affirmative. Ordered, That the Clerk inform the Senate thereof, and ask their concurrence in the same. Mr. Huffman from the committee on Education, to which was referred a bill for "An act to authorize the legal voters of McHenry county to elect school directors, and to raise money to build school houses," reported the same back without amendment, and recommended its passage. Ordered, That the bill be engrossed for a third reading. Mr. Wallace, from the committee on Counties, to which were referred sundry petitions and remonstrances from the citizens of Logan county, relative to the removal of the county seat of said county, and also sundry petitions and remonstrances from the citizens of Logan and De Witt counties, relative to the annexation of a portion of the county of Logan to the county of De Witt, reported the same back, and asked to be discharged from the further consideration of those subjects. The qeustion being taken on discharging the committee, it was decided in the affirmative. Mr. Glenn, from the minority of the committee on Counties, presented the following protest; which was directed to be placed upon the journals of the House, viz: We, the undersigned, being a portion of the committee on Counties, respectfully beg leave to protest against the action of the majority of said committee, in relation to the petitions and remonstrances of the citizens of Logan and De Witt counties. JAMES M. RUTLEDGE, |