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dollars from the appropriation to J. A. Noonan, and inserting five in lieu thereof.
And pending the question thereon, a call of the house was made and Messrs. Long, Palmer and Price, reported to be ab. sent.
On motion of Mr. Pla 1t, Mr Price was exeused from attend. ance in the house this evening, on account, of illness. Further proceedings in the call of the house were dispensed with.
Mr. Manahan demanded the previous question, and the quese tion being put, “shall the main question be now put ?” it was determined in the affirmative.
And the ayes and noes being called for,
Those who voted in the affirmative are, Messrs. Agry, Crossman, Darling, Elmore, Hopkins, Hunkios, Judson, Manahan, Masters, Mecker, Olin, Parsons, Trowbridge, Walker and Ellis--15.
Those who voted in the negative, are
Messrs. Hamilton, Hicks, Platt, Thompson, Tripp and Van Vleet--6.
The main question was then put on ordering the bill to a third reading, and it passed.
Mr. Hunkins moved to suspend the 16th rule in order that said bill might now be read the third time and passed ; and the question being put it passed in the affirmative.
So the 16th rule was suspended-two thirds of the members present voting in the affirmative.
The question was then put on the passage ef the bill, and de. termined in the affirmative. And the ayes and noes being called for, Tiose who voted in the afiirmative, are
Messrs. Agry, Crossman, Darling, Hunkins, Manahan, Masters, Meeker, Olin, Parsong, Platt, Trowbridge and Ellis [Speaker,]--12.
Those who voted in the negative are, Messrs. Elmore, Hamilton, licks, Hopkins, Judson, Thomp. son, Tripp, Van Vleet and Walker-9.
On motion of Mr. Darling, the following joint resolution was taken up, to wit :
Resolved, by the Council, [if the House of Representatives cancur,] that Edward V. Whiton be and is hereby employed to defend a suit pending in Dane county, in favor of William Dougherty against the Territory.
Mr. Darling moved to suspend all the rules which prohibited the said resolution from being now read the third time and passed.
And pending the question thereon,
Mr. Long from the committee on enrollment, reported "an act for the payment of the expenses of the Legislative Assembly," to be correctly enrolled ;
Which was signed by the Speaker and ordered to be present. ed to the President of the Council for his signature.
The question was then taken on the motion made by Mr. Darling to suspend the rules;
And being put, it passed in the negative, two-thirds of the members present being required to suspend a rule. And the ayes and noes being called for,
Those who voted in the affirmative are Messrs. Crossman, Darling, Elmore, Hunkins, Manahan, Masters, Meeker, Olin, Parsons Platt, Trowbridge, and Walker, -12. '
Those who voted in the negative are, Messrs. Hamilton, Hicks, Judson, Thompson, Tripp, Van Vleet, and Ellis (Speaker]—7.
Mr. Darling moved that the House do now resolve itself into the committee of tho whole on the said resolution,
When Mr. Hicks moved to adjourn.
And a division being called, there were ayes 10, noes 9.
Monday, April 17, 1843.
A message in writing was received from the Governor, by Mr. Charles Doty, his private secretory,
A message from the Council, by their Secretary :
“ Mr. Speaker :-The Governor of the Territory returned to the Council without his signature "an act to amead an act entitled an act to change the time of holding courts in certaia counties in the second judicial district, and to provide for a change of venue in criminal cases, and for other purposes," accompanied by a message, dated the 15th April, 1843, in which he states his objections to said bill--and the Council have re. considered said act and passed the same by a unanimous vote, eleven members being present and I am directed to deliver to the House said act and message.
Mr. Hamilton from the joint seleet committee to which a res. olution relative to certain drafts, &c. was referred, by leave submitted a joint report ['This report is printed and deposited in the library,) accompanied by the following resolution.
Resolved, by the House of Representatives (the Council concurring] that the auditor and treasurer be directed to examine and ascertain the amount and nature of the debts of the territory and report to the Logislative Assembly at the next annual ses. gion.
Tho report having been read by Mr. Hamilton, the reading of the same by the clerk was dispensed with.
The question was then taken on the adoption of the said res. lution and it was agreed to.
Mr. Hicks rose to a question of privilege, for personal re. marks made by Messrs. Platt and Hamilton on Saturday last un. becoming the dignity of a Legislative body, and thereupon Messrs. Platt and Hamilton made satisfactory explanations which were accepted by the House.
Mr. Long, from the committee on enrolled bills, made the following report:
The committee on enrollment report that they did on the fifteenth day of April, 1843, present to His Excellency, the Gov. ernor, for his approval, a bill entitled “an act in relation to dams on the Manitowoc River ;” also a bill entitled "an act to amend the act authorizing Samuel H. Farnsworth to build and maintain a dam on the Manitowoc river;" also a bill entiled "an act to repeal parts of certain acts therein named, and for other purposes ;” also a bill entitled “an act concerning the city of the Four Lakes;” also a bill entitled “an act to amend the Statutes of this territory relative to the sales of land under execution and mortgage, and to legalize certain conveyances;" also a memorial entitled a "memorial of the Legislative Assem. bly of Wisconsin, praying that the office of Governor of the Territory may be made elective by the people ;” and also me. morial entitled “Memorial to Congress relative to the expenses of the Legislative Assembly.”
On motion of Mr. Hamilton,
Ordered, that the report of the committee (marked H.) and accompanying documents be printed.
The Speaker laid before the House the message from the Governor, which was read, and is as follows;
To the House of Representatives :
I return herewith the bill entitled "an act concerning re. movals from office” without my signature.
To the first section I have no objection, on the contrary, I ap. prove of the provision and should sign the bill if it did not con. tain another enactment and which is in no way connected with
The second section declares that “any sheriff, judge of pro. bate or justice of the peace now in commission or to be appointed by the Governor previous to the first Monday in June next, who shall perform any official act after the time limited by the laws of the territory for the expiration of his term of service, shall be liable to the party injured thereby in treble damages, and shall be sutject to a fine of fifty dollars for every such act,”
If this provision is necessary or proper I do not perceive why it should not have been extended to the Shoriffs, judges of Pro. bate and justices who may be elected hereafter, and to every other officer.
The validity of the provision of the act to provide for the clec. tion of Sheriffs, judges of probate and justices of the peace, by which those in office are to be removed on the third Monday in June nexi, it is supposed will be contested by some of ibe incum. bents; and the effect of this section is to make it a penal of. fence for them to asseri their right. I do not think this is the proper--certainly it is not the usual mode of trying the right to an office; and as no such provision exists in regard to other officers of the Territory, it does not appear to me to be either necessary or correct.
A particular class of officers, without any apparent reason for their being thus distinguished, other than the doubtful char. acier of the authority lately exercised by the Legislature, are thụs declared guilty of an offence for doing what is not declared to be an offence in other officers.