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TUESDAY, MAY 4, 1915, 10:00 O'CLOCK A. M.

Senate met pursuant to adjournment.

Hon. Barratt O'Hara, Lieutenant Governor and President of the Senate, presiding.

The President of the Senate announced the appointment of Rev. T. A. Calmar as Chaplain for the ensuing week.

Prayer by the Chaplain.

The President of the Senate announced that he had examined the Journals of Thursday, April 29, 1915, and of Saturday, May 1, 1915, and found no corrections to make, and unless some Senator had corrections to offer, the Journals would stand approved. No corrections being offered the Journals were ordered to stand approved.

EXECUTIVE MESSAGES.

A message from the Governor, by William L. Sullivan, Secretary to the Governor:

Mr. President-I am directed by the Governor to lay before the Senate the following communication:

To the Honorable, the Senate:

STATE OF ILLINOIS, EXECUTIVE DEPARTMENT, SPRINGFIELD, May 4, 1915.

I have the honor hereby to nominate and appoint J. F. Brockhouse, of Meredosia, Public Administrator of Morgan County, vice Frederick B. Henderson, term expired.

And I respectfully ask your concurrence therein.

Respectfully submitted,

E. F. DUNNE, Governor.

Under the rules, the foregoing message was laid over for one day. A message from the Governor, by William L. Sullivan, Secretary to the Governor:

Mr. President-I am directed by the Governor to lay before the Senate the following communication:

STATE OF ILLINOIS, EXECUTIVE DEPARTMENT, SPRINGFIELD, April 29, 1915.

Gentlemen of the Forty-ninth General Assembly:

Herewith I transmit to you the report of the Mining Investigation Commission of the State of Illinois and the several bills by it drafted and recommended for enactment.

These bills have the support of both the coal operators' and miners' organizations of the State, and are unanimously recommended by the commission.

The commission has performed its labors during the session of the Legislature and has just completed them, their report coming in this day. I therefore recommend that these bills be given your prompt and careful consideration.

Attention is, in this report, called to the necessity of uniform mining legislation for the several states interested in the mining industry.

The

group of competitive states, inclusive of Illinois, are, in addition to the latter, Pennsylvania, West Virginia, Kentucky, Ohio, Indiana and Iowa. I submit for your consideration and decision the question of inviting a conference of representatives of these several states for the purpose of formulating and recommending such uniform legislation, and making a suitable appropriation therefor. Respectfully submitted,

E. F. DUNNE, Governor.

Under the rules, the President of the Senate referred the foregoing message and accompanying bills to the Committee on Labor, Mines and Mining.

REPORTS FROM STANDING COMMITTEES, BY UNANIMOUS CONSENT.

Mr. N. Elmo Franklin, from the Committee on Engrossed and Enrolled Bills, reported that bills of the following titles have been correctly engrossed and are returned herewith:

SENATE BILL No. 172.

A bill for "An Act to enable counties having a population not in excess of 500,000 inhabitants to establish and maintain libraries.”

SENATE BILL No. 46.

A bill for "An Act concerning fire arms."

SENATE BILL No. 349.

A bill for "An Act to amend section 2 of an Act entitled, 'An Act to authorize cities to acquire, construct, own, and to lease or operate public utilities and to provide the means thereof,' approved June 26, 1913, in force July 1, 1913."

By unanimous consent, Mr. Cornwell offered the following resolution:

SENATE RESOLUTION No. 48.

WHEREAS, Our government is one of written constitutions and laws adopted for the purpose of safeguarding the interest of the citizen and the community; and

WHEREAS, These constitutions and laws are administered and carried into effect by human agencies; and

WHEREAS, It is ever the pride of the citizens of the respective states forming this union that they, one and all, are ready to abide by the determinations of the judicial departments of their respective governments; and

WHEREAS, It has, however, ever been the prerogative of the people to petition for a redress of grievances and for an amelioration of the final judgment of the courts of last resort; while it is the duty of the judiciary to interpret the law and impose the penalty provided for any violation thereof; and

WHEREAS, That an enlightened Christian civilization has ever supported the principles that the law is not meant to destroy but that it achieves its greatest success and justice best subserved when it creates in each community a feeling that the aim of the law is to save and not to destroy; and

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WHEREAS, The Senate of the State of Illinois have not had the opportunity of being present at the trial of Leo. M. Frank in the State of Georgia, and while it would be presumptuous on our part to take any step which might be considered by the citizens of the great State of Georgia as an intention to criticise the manner in which Leo M. Frank has been found guilty of the crime with which he was charged, yet taking into considera

tion the weaknesses of humanity whereby it may be fully affirmed that to err is human and also taking into consideration the fact that the supreme tribunal of this nation has not confirmed the judgment of the highest court of the state of Georgia unanimously, whereby in our opinion some reasonable doubt must have been created in the mind of the able jurists who presented the minority opinion as to the guilt of said Leo M. Frank; therefore, be it Resolved, that the Senate of the State of Illinois hereby recommends to His Excellency, the Governor of the state of Georgia, That he take such steps as he is permitted to do under the laws of the state of Georgia, whereby the extreme penalty of death be not administered upon Leo M. Frank. Believing that the majesty of the law has been vindicated by the ruling of the United States Supreme Court, we feel that His Excellency, the Governor of the state of Georgia, without, in anywise, reflecting upon the citizenship of the state of Georgia, its public officials or the jury that tried Leo M. Frank, and without endangering the enforcement of its criminal laws in the future, can exercise his prerogatives and suspend the sentence of death pronounced by the judgment of the jury.

The Secretary of the Senate is hereby directed to transmit to his Honor, the Governor of the state of Georgia, a certified copy of this resolution.

By unanimous consent, on motion of Mr. Cornwell, the rules were suspended and the foregoing resolution was taken up for consideration. Mr. Denvir moved that the resolution be referred to the Committee on Judiciary and Judicial Practice.

Mr. Dailey moved that the resolution be referred to a special committee composed of Senators Cornwell, Canaday and Piercy, pending the consideration of the motions to refer.

At 10:50 o'clock a. m., on motion of Mr. Barr, the Senate went into the Committee of the Whole, with Senator Canaday in the Chair to consider the following bills:

Senate Bill No. 56, a bill for "An Act to amend an Act entitled, 'An Act to revise the law in relation to criminal jurisprudence,' approved March 27, 1874, in force July 1, 1874, by amending sections 142 and 264 of Division I of said Act and by repealing sections 1, 2, 3, 4, and 5 of Division XIV of said Act."

Senate Bill No. 74, a bill for "An Act to amend section 166b, of an Act entitled, 'An Act to revise the law in relation to criminal jurisprudence,' approved March 27, 1874, in force July 1, 1874."

Senate Bill No. 75, a bill for "An Act to amend section 142, Division I, and to repeal sections 1, 2, 3, 4, and 5 of Division XIV of an Act entitled, 'An Act to revise the law in relation to criminal jurisprudence,' approved March 27, 1874, in force July 1, 1874."

Senate Bill No. 76, a bill for "An Act to amend section 264, Division I, of an Act entitled, 'An Act to revise the law in relation to criminal jurisprudence,' approved March 27, 1874, in force July 1, 1874."

At 12:00 o'clock m., Mr. Canaday, as Chairman of the Committee on the Whole, reported to the Senate that the Committee had made progress and asked leave to sit again at 4:00 o'clock p. m.

On motion of Mr. Ettelson leave was granted for the Committee to sit at 4:00 o'clock p. m.

On motion of Mr. Dailey a vote of thanks was tendered to His Excellency Governor Edward F. Dunne and to Bishop Samuel Fallows for their addresses before the Committee of the Whole.

At 12:05 o'clock p. m., on motion of Mr. Ettelson, the Senate took a recess until 4:00 o'clock p. m.

4:00 O'CLOCK P. M.

Senate reconvened.

The Senate went into the Committee of the Whole with Senator Canaday in the chair to further consider the bills referred to them this morning and which were under consideration at the time of recess.

At 6:10 o'clock p. m., Mr. Canaday, from the Committee of the Whole, reported that they had made progress in considering the bills referred to them and asked leave to sit again tomorrow morning immediately after the reading of the Journal.

On motion of Mr. Curtis, the request of the committee was granted. At 6:15 o'clock p. m., on motion of Mr. Curtis, the Senate adjourned.

WEDNESDAY, MAY 5, 1915, 10:00 O'CLOCK A. M.

Senate met pursuant to adjournment,

Hon. Barratt O'Hara, Lieutenant Governor and President of the Senate, presiding.

Prayer by the Chaplain.

The President of the Senate announced that he had examined the Journal of Tuesday, May 4, 1915, and found no corrections to make, and unless some Senator had corrections to offer, the Journal would stand approved. No corrections being offered, the Journal was ordered. to stand approved.

MESSAGES FROM THE HOUSE OF REPRESENTATIVES.

A message from the House, by Mr. Vogel, Assistant Clerk:

Mr. President-I am directed to inform the Senate that the House of Representatives has passed bills of the following titles, in the passage of which I am instructed to ask the concurrence of the Senate, to wit:

HOUSE BILL No. 204.

A bill for “An Act to amend section 189 of an Act entitled, 'An Act to establish and maintain a system of free schools,' approved and in force June 12, 1909, as thereafter amended."

HOUSE BILL No. 314.

A bill for “An Act to provide for the incorporation of co-operative associations for pecuniary profit."

Passed the House May 4, 1915.

B. H. MCCANN, Clerk of the House.

COMMUNICATIONS.

The President of the Senate presented the following communication, which was read, ordered spread upon the Journal and referred to the Committee on Appropriations:

RESOLUTIONS ADOPTED BY THE GRANT MEMORIAL ASSOCIATION OF ILLINOIS, TUESDAY, APRIL 27, 1915.

WHEREAS, The State of Illinois has been greatly honored and benefited by the illustrious services of General Ulysses S. Grant during the war of the Rebellion; and

WHEREAS, The people of Illinois highly appreciate the great achievement of General Ulysses S. Grant in leading the armies of the United States during the Civil War to a glorious victory; and

WHEREAS, There is due to the memory of the greatest military leader in history, some fitting memorial on the part of the people of Illinois who sent General Grant to the front; and

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