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To the Honorable the House of Representatives:

GENTLEMEN: Your committee on counties and township organization, to whom was referred Senate bill, No. 485, for "An act authorizing the board of county commissioners, elected in pursuance of article 10, section 6 of the constitution, to exercise the powers and perform the duties heretofore devolving upon the county courts in the transaction of county business, in counties not under township organization," have had the same under consideration and have amended the same, and instructed me to report the same to the House, and recommend that it do pass as amended.

The report of the committee was concurred in, the bill read a second time and the consideration of the bill and amendment postponed until this afternoon.

Mr. Westfall, from the committee on fees and salaries, submitted the following report:

The committee on fees and salaries, to which was referred House bill, No. 673, entitled "An act to amend section 13 of an act entitled 'an act to fix the salaries of State officers, etc.," beg leave to report that they have had the same under consideration, and respectfully recommend that the same do pass.

The report of the committee was concurred in, the bill read. a first time and ordered to a second reading.

Mr. Lane of Hanceck moved to reconsider the vote by which House bill, No. 651, for "An act to revise the law in relation to promissory notes, bonds, due bills and other instruments in writing," was ordered engrossed for a third reading; which was agreed to.

Mr. Middlecoff submitted the following amendment:

Amend section 2, 6th line, by striking out the words "and 5 per cent. damages in addition."

Which was adopted-yeas 71, nays 53-the yeas and nays being demanded by five members.

Those voting in the affirmative are,

Messrs. Alexander of Crawford, Alexander of Montgomery, Armstrong of LaSalle, Ballow, Bishop of McHenry, Blakely, Bocock, Booth, Bradwell, Bryant, Bullard, Casey, Carpenter, Collins, Crawford, Cronkrite, Crosby, Cullerton, Davis, Dewey, Dolton, Dresser, Efner, Ewing, Ferrier, Flanders, Freeland, Freeman, Golden, Gordon, Grant, Gridley, Hart, Herrington, Hoiles, Inscore, Jaquess. James, Jessup, Lane of Hancock, Lane of DeWitt, Loomis, Mann, Marsh, Massie, McDonald, Meacham, Middlecoff, Moore of Marshall, Moore of Adams, Neville, Newton, Nulton, Oberly, Oleson, Plowman, Pyatt, Race, Rice, Scanlan, Scott, Shaw, Sherman, Shumway, Snow, Starr, Taggart, Virden, Walker, Warner, Webster, Westfall, Wood-71.

Those voting in the negative are,

Messrs. Anderson, Armstrong of Grundy, Barkley, Branson, Cassedy, Chambers, Darnell, Dement, Dolan, Forth, Grey, Griffith, Halpin, Harvey, Hawes, Hite of Madison, Hite of St. Clair, Hollenback, Hopkins. Jackson, Johnston, Jones, Lietze, McAdams, McGee, McPherran, Moose, Morrison, Moffett, Mulvane, Oakwood. Peltzer, Pollock, Quinn, Ramey, Ray, Rountree, Savage, Sawyer, Senne, Sheridan, Smith, Soule, Stewart of Winnebago, Stewart of McLean, Streetor, Thomas, Thornton, Wayman, Webber, Weinheimer, Wymore, Mr. Speaker—53.

So the amendment was adopted.

Mr. Lietze submitted the following amendment:

Amend section 2. by striking out all the words after the word "paid,” in the 6th line, and insert: "and five per cent. damages in addition, together with costs and charges of protest, in case suit has to be brought on such bill of exchange to recover the money back."

Mr. Hoiles moved to lay the amendment on the table; which was not agreed to, yeas 37, nays 87-the yeas and nays being demanded by five members.

Those voting in the affirmative are,

Messrs. Alexander of Crawford, Bocock, Bryant, Bullard, Casey. Carpenter, Cronkrite, Davis, Dolton, Dresser, Ferrier, Golden, Gordon, Grant. Herrington, Hite of Madison, Hoiles. Hollenback. Inscore, Jessup, Marsh, Massie, Meacham, Middlecoff, Mitchell, Neville, Nulton, Oberly, Oleson, Ramey, Rice, Sherman, Shumway, Taggart, Walker, Webster, Westfall, Mr. Speaker-37.

Those voting in the negative are,

Messrs. Alexander of Montgomery. Anderson, Armstrong of Grundy, Armstrong of LaSalle, Barkley, Bishop of McHenry, Blakely, Booth, Bradwell, Branson, Cassedy, Chambers, Collins, Crawford, Crosby, Cullerton, Darnell, Dement, Dewey, Dolan, Efner, Ewing, Forth, Freeland, Freeman, Graham, Granger, Grey, Gridley, Griffith, Halpin, Hart, Harvey, Hawes, Hite of St. Clair, Hopkins. Jaquess, Jackson, James, Johnston, Jones, Lane of Hancock, Lietze, Loomis, Mann, McAdams, McDonald, McGee, McPherran, Moore of Marshall, Moore of Adams, Moose, Morrison, Moffett, Mulvane, Oakwood, Orendorff. Peltzer, Plowman, Pollock, Pyatt, Race, Ray, Rountree, Savage, Sawyer, Scanlan, Scott, Senne, Shaw, Sheridan, Smith, Snow, Soule. Starr, Stewart of Winnebago, Stewart of McLean, Streetor, Thomas, Thornton, Virden, Warner, Wayman, Webber, Weinheimer, Wood, Wymore-87.

So the motion to lay on the table was not agreed to.

Mr. Bradwell submitted the following substitute for the amendment: In section 2, strike out all after the words "until paid," and insert, "together with costs and charges of protest, and in case suit has to be brought on such bill of exchange, five per cent. damages in addition." Which was accepted by Mr. Lietze and adopted by the House. The bill was then ordered engrossed for a third reading.

Mr. Moore of Marshall, from committee on enrolled and engrossed bills, begs leave to report that bills of the following titles have been correctly engrossed, on January 14, 1874:

House bill, No. 601, for "An act to revise the law in relation to abatement."

House bill, No. 608, for "An act to revise the law in relation to attorneys and counselors."

Mr. Walker (by consent) introduced House bill, No. 696, for "An act to provide for the incorporation of institutions of learning above the grade of common schools."

Which was referred to the committee on corporations.

Mr. Armstrong of LaSalle (by consent) introduced House bill, No. 697, for "An act to amend an act entitled 'an act to protect lives and property of persons at railway crossings of the public highways,' in force March 31, 1869.”

Which was referred to the committee on revision.

Mr. Peltzer (by consent) introduced House bill, No. 698, for "An act to provide for the allowing of interest and the payment of attorneys' fees in certain cases."

Which was referred to the committee on judiciary.

Mr. Lane of Hancock (by consent) introduced House bill, No. 699, for "An act to amend section 66 of an act entitled 'an act in regard to elections, and to provide for filling vacancies in elective offices,' approved April 3, 1872."

Which was read a first time, and referred to the committee on elections.

Mr. Stewart of McLean moved to suspend the rules to receive the following resolution:

WHEREAS, there is some doubt whether any additional legislation is necessary by this General Assembly upon the railroad law passed at the last session:

Resolved, That the committee on judiciary be instructed to examine and report, by bill or otherwise, whether any additional legislation is needed on the part of this Legislature to make the said railroad law valid and effective.

Which was agreed to, yeas 98, nays 21-the yeas and nays being demanded by five members.

Those voting in the affirmative are,

Messrs. Alexander of Crawford, Alexander of Montgomery. Armstrong of LaSalle, Barkley, Bishop
of McHenry, Blakely, Bocock, Booth, Bradwell, Branson, Bullard, Casey, Cassedy, Chambers, Collins,
Crawford, Cronkrite, Crosby, Cullerton, Darnell, Dolton, Dresser, Efuer, Ewing, Ferrier, Flanders,
Forth, Freeland, Freeman, Golden, Gordon. Graham, Granger, Grant. Gridley, Griffith, Hart, Hawes,
Hite of Madison, Hoiles, Hollenback, Hopkins, Jaquess, Jackson, Jessup, Johnston, Jones, Lane of
De Witt, Loomis, Mann Marsh, McAdanis, McDonald, McGee, Middlecoff, Moore of Marshall, Moore
of Adams, Moose, Morrison, Moffett, Mulvane, Oakwood, Oleson, Orendorff Peltzer, Plowman, Pollock,
Pyatt, Quinn, Race, Ramey, Ray, Rice, Rountree, Savage, Sawyer. Scott, Shaw, Sherman, Shumway,
Smith, Snow, Soule, Stewart of Winnebago, Stewart of McLean, Streetor, Taggart, Thomas, Thornton.
Walker, Warner, Wayman, Webber, Webster, Westfall, Wymore, Mr. Speaker-98.
Those voting in the negative are,

Messrs. Anderson, Armstrong of Grundy, Ballow, Bryant, Dewey, Dolan, Grey, Halpin, Herrington, Inscore, Lane of Hancock, Lietze, Massie, McPherran, Meacham, Neville, Nulton, Oberly, Sheridan, Weinheimer. Wood-21.

So the motion to suspend the rules was agreed to.

Mr. Cassedy submitted the following as a substitute for the resolution:

Resolved, That the judiciary committee report to this House, as soon as possible, whether it is necessary, in their opinion, for the Legislature to adopt the schedule of rates made by the railroad and warehouse commissioners, in order to make said rates legal.

Which was accepted, by consent, by Mr. Steward of McLean.

Mr. Mulvane submitted the following as a substitute for the resolution:

Resolved, That the judiciary committee of this House are instructed to examine, and report their opinion, as to whether the schedules of rates prepared by the railroad commissioners for the transportation of passengers, freight and cars upon the railroads of this State are valid as rules of evidence in the courts of this State, without the enactment of the same by this Legislature.

On motion of Mr. Hawes,

The previous question was ordered.

The question first being on the adoption of the substitute, it was decided in the affirmative, yeas 74, nays 46-the yeas and nays being demanded by five members.

Those voting in the affirmative are,

Messrs. Armstrong of LaSalle, Barkley, Bishop of McHenry, Bocock, Booth, Bradwell, Branson, Bullard, Casey, Collins, Crawford, Cullerton, Dement, Dolton, Dresser, Dunham, Ferrier, Freeland, Freeman, Golden, Gordon, Graham, Granger, Grant, Gridley, Griffith, Hart, Harvey, Hawes, Hertington, Hite of Madison, Hollenback, Jaquess, James, Lietze, Mann, Massie, McAdams, McDonald, McGee, McPherran, Moffett, Mulvane, Neville, Nulton, Oberly, Peltzer, Plowman. Pollock, Pyatt, Quinn, Race, Ramey, Rice, Rountree, Savage, Sawyer, Senne, Sherman, Shumway, Smith, Soule, Stewart of Winnebago, Stewart of McLean, Streetor, Thomas, Thornton, Virden, Warner, Washburn, Wayman, Webber, Westfall, Wood, Mr. Speaker-75.

Those voting in the negative are,

Messrs. Alexander of Montgomery, Armstrong of Grundy, Blakely, Bryant, Cassedy, Carpenter, Chambers, Cronkrite, Crosby, Darnell, Davis. Dewey, Dolan, Efner, Ewing, Flanders, Forth, Grey, Hite of St. Clair, Hoiles, Hopkins, Inscore. Jackson, Jessup, Johnston, Jones, Lane of Hancock, Lane of DeWitt, Loomis, Marsh, Mitchell, Moore of Marshall, Moose, Morrison, Newton, Oakwood, Oleson, Orendorff, Ray, Scanlan, Scott, Shaw, Sheridan, Taggart, Truitt, Wymore-46.

So the substitute was adopted.

On motion of Mr. Griffith,

At 12:20 o'clock P. M. the House adjourned to 2:30 o'clock P. M.

TWO-THIRTY O'CLOCK P. M.

The House met pursuant to adjournment.

The Speaker laid before the House a memorial from the "Saratoga Monument Association; " which was referred to the committee on militia.

The Speaker laid before the House the following communication from the Railroad and Warehouse Commissioners, together with detailed statement of expenses:

STATE OF ILLINOIS, OFFICE OF R. R. AND W. COMMISSIONERS,
SPRINGFIELD, January 14, 1874.

HON. SHELBY M. CULLOM, Speaker of the House of Representatives:
SIR: In response to resolution adopted by the House of Representatives, January 8, 1874, requesting
detailed statement of all moneys expended, or contracted to be expended as retaining fees, or for any
other purpose, since the adjournment of the General Assembly in May last, I have the honor to inclose
herewith detailed statement of all such expenditures, and beg leave to say that Hon. Jos. M. Bailey,
of Freeport, and Hon. William Lathrop, of Rockford, have been retained to assist the Attorney Gen-
eral in suit brought against the Chicago and Northwestern Railway Company; also, that Messrs. Wel-
don and Benjamin, of Bloomington, have also been retained in suit brought against the Illinois Central
Railroad Company; also, that no definite contract has been made with them, as to amount of fees to be
charged in either of the above cases, except that they have agreed that their fees shall be reasonable.
Very respectfully,
Your obedient servant,

JOHN M. PEARSON,

Chairman R. and W. Com.

Railroad and Warehouse Commission Statements.

STATEMENT "A."

Of Incidental Expenses of the Office of Railroad and Warehouse Commission, from December 1, 1872, to December 31, 1873, inclusive.

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The above amount, $3, 618 48, includes besides the amount actually incurred for incidentals during the year, a balance unpaid of $122 43, which had accrued previous to November 30, 1872, and which, with the amount of $1, 112 57, expended between Nov. 30, 1872, and June 30, 1873, was approved by the Board and paid from the appropriation of $5, 500 July 1, 1873.-[SEC'Y BOARD.]

STATEMENT "B

Of Expenses incurred in investigations by the Railroad and Warehouse Commissioners and in the employment of legal counsel for the prosecution of suits against Railroads, from Nov. 30, 1872, to Jan. 1, 1874.

To Hamilton Spencer, Attorney, services in case of People vs. Chicago and Alton R. R. Co. **R. M. Benjamin, Attorney, services in preparation of brief and argument in above case. * Preparation of argument in Supreme Court, same case

J. R. Rowell Attorney, services in preparation of argument, quo warranto, case People vs. Chicago and Alton R. R.

$500 00

R. P. Morgan, Jr., expenses in suit, same case

**Osman & Hopeman, printing argument in case of Munn & Scott vs. The People Bloomington Leader Co., printing legal briefs.

John H. Oberly,

Joseph Hart. expenses in attending meeting of consultation with Commission..

44

J. M. Bailey, Attorney, retainer in suit vs. C. and N. W. R'y Co.

Commissioners' and clerks, traveling and incidental expenses and extra clerk hire in
conducting investigation..

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Amount unexpended (as above)

200 00

300 00

300 00 260 50

30 00 245 50

52 00

57 95

100 00

659 69

$2,705 64

$30, 000 00

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NOTE.-The above amount, $2,705 64, includes $1,836 incurred by preceding Commission, prior to Nov. 30, 1872, as stated in first seven (7) items above.

On motion of Mr. Granger,

The communication was referred to the committee on contingent expenses.

Mr. Snow, from the committee on education, to which was referred House bill, No. 624, for "An act to amend section 43 of an act entitled an act to establish and maintain a system of free schools," reported the same back, and recommended that it do not pass, and submitted as a substitute for said bill, House bill, No. 700, for "An act to amend seetion forty-three (43) of an act entitled 'an act to establish and maintain a system of free schools,' approved April 1, 1872," and recommended that the substitute be passed.

The report of the committee was concurred in, the bill laid on the table, the substitute read a first time and ordered to a second reading.

Mr. Moore of Marshall, from committee on enrolled and engrossed bills, begs leave to report that bills of the following titles have been correctly engrossed on January 14, 1874:

House bill, No. 657, for "An act to correct an error in section two of enrolled House bill, No. 304, entitled 'an act concerning jurors,' in force July 1, 1873."

House bill, No. 621, for "An act to revise the law in relation to the construction of the statutes."

By consent, House bill, No. 657, for "An act to correct an error in section two of enrolled House bill, No. 304, entitled 'an act concerning jurors,' in force July 1, 1873," was read a third time.

Mr. Quinn moved to refer the bill to the committee on judiciary ; which was agreed to.

House bills on second reading being in order,

House bill, No. 652, for "An act to revise the law in relation to the State library,"

Was read a second time, and ordered engrossed for a third reading. House bill, No. 653, for "An act to revise the law in relation to township organization," was taken up, and,

On motion of Mr. Hart,

Referred to the committee on county and township organization. House bill, No. 654, for "An act to amend an act entitled 'an act for the assessment of property, and for the levy and collection of taxes,' approved March 30, 1872," was read a second time, and,

On motion of Mr. Armstrong of La Salle,

Referred to the committee on revenue.

House bill, No. 655, for "An act to amend an act entitled 'an act concerning bail in civil cases,' approved January 22, 1872,"

Was read a second time, and ordered to a third reading.

House bill, No. 59, for "An act to appropriate moneys to the Illinois State Horticuliural Society," was taken up, and,

On motion of Mr. Ray,

Laid on the table temporarily.

Mr. Ray moved to suspend the rules, to take Senate bill, No. 26, for "An act to reorganize the Illinois State Horticultural Society," from the table; which was not agreed to.

Mr. Bradwell moved to suspend the regular order of business, and take up House bills on third reading; which was not agreed to.

Mr. Carpenter, from the committee on finance, submitted the following report:

The committee on finance, to whom was referred a resolution instruct

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