Gordon, Griffith, Halpin, Hay, Henry, Herrington, Hildrup, Hoiles, Hollenback, Inscore, Jackson, James, Jessup, Johnston, Lane of Hancock, Lane of De Witt, Lomax, Marsh, McAdams, Meacham, Middlecoff, Mitchell, Moore of Adams, Moose, Neville, Nulton, Oakwood, Oberly, Peltzer, Plowman, Quinn, Ramey. Rountree, Savage, Scanlan, Scott, Sheridan, Sherman, Soule, Starr, Streetor, Thornton, Truitt, Virden, Walker, Warner, Wayman, Webber, Wood, Mr. Speaker-79.

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

Mr. Rountree submitted the following amendment :

Insert after the word "chaplain," where it first occurs in line two, the word "also."

Strike out the words "who shall," in, said second line, and insert the word "to," and strike out the comma (,) after second "chaplain."

Mr. Lietze submitted the following as a substitute for the amend ment:

Amend by inserting in the second line, after the words "visiting chaplain," by striking out "who," and insert "the two last of whom." Which was not adopted

Mr. Pollock submitted the following as a substitute for the amendment:

Amend by striking out the word "who," in line two, and insert the words" which visiting chaplain."

Which was adopted.

Mr. Hopkins submitted the following amendment:

Strike out the words "which visiting chaplain shall be recommended by the Catholic Bishop of Chicago, and who shall minister to the spiritual wants of convicts of that faith."

The Speaker laid before the House the following communication from the Railroad and Warehouse Commissioners:

OFFICE OF RAILROAD AND WAREHOUSE COMMISSIONERS,
SPRINGFIELD, ILL., January 15, 1874.

TO THE HON. SHELBY M. CULLOM,

Speaker of the House of Representatives:

SIR: In response to a resolution of the House of Representatives, requesting this board to provide copies of schedules of maximum rates for the use of the members of said honorable body, I beg leave to report that upon the consideration of said resolution by the commission, at its first session, (upon the 14th inst.) subsequent to its adoption, copies of said schedules were ordered printed as requested, which will be delivered at the earliest practicable moment.`

Very respectfully,

A. MCLAUGHLIN, Sec'y Board. OFFICE OF RAILROAD AND WAREHOUSE COMMISSIONERS, SPRINGFIELD, ILL., January 15, 1874.

TO THE HON. SHELBY M. CULLOM,

Speaker of the House of Representatives:

SIR: In compliance with a resolution adopted by the House of Representatives on the 10th inst., calling upon the Board of Railroad and Warehouse Commissioners for certain information in relation to the effect and operation of the "railroad law" enacted at the last session of the General Assembly, we submit the following report, to be by you laid before the House of Representatives:

While it is true that the said law took effect on the first day of July last, yet it is also true that by the plain provisions of the law itself, the remedies intended to be thereby afforded to the people as against railroad corporations for extortion and unjust discriminations are not as yet fully available, inasmuch as it is provided by the law that the sched

ules of reasonable maximum rates for the transportation of freight and passengers should be prepared by this commission, which schedules are to be taken as prima facie evidence of reasonable rates on the 15th day of January, 1874, or if a session of the General Assembly should be held prior to that date, then at the expiration of ten days from the commencement of such session. No session of the General Assembly was held prior to said date, and it therefore follows that said schedules, which have been prepared as required by law, are not as yet operative or available in courts of justice for any purpose whatever. As reviewed by this board, the provisions of the law requiring the preparation of these schedules, and making them evidence in courts of justice, is by far its most valuable feature as regards the practical enforcement of its requirements. No railroad corporation, by its charter or otherwise, may lawfully impose unreasonable rates for the transportation of passengers or freight. By this provision the people are furnished with a standard of rates that in itself is prima facie evidence of what is reasonable. Without this provision in any legal proceeding the reasonableness of any charge for transportation must be shown by calling as witnesses experts, nearly all of whom are operators of railroads, and therefore almost universally interested in behalf of the corporations.

From the foregoing it will be readily perceived that the law, although nominally in operation on the first day of July last, has in fact been much narrower in its operation and bearing upon the railroad management of the State than is intended by its terms after the 15th inst. Indeed it is but little doubted that a careful examination of the law, and comparison of its provisions with numerous adjudicated cases, will show that without the provision in relation to the schedules and their use as evidence, the principle involved-that is to say, the unlawfulness of extortion, or unjust discriminations on the part of railway corpora tions-was already well and firmly established. Entertaining these views, this commission respectfully submits that it is not true, as stated in the preamble to the resolution aforesaid, that they "have had six months' experience as to the practical workings of the law." On the contrary, we are of opinion that all of the law which is novel in principle, and that which is by far its most valuable, practical and effectual feature, has hitherto been inoperative, and that the great benefits which we, in common with the friends of the law, believe will inure to the public by an energetic enforcement of its provisions, are now for the first time upon the eve of realization.

In our opinion no conclusion as to the subjects embodied in said reso lution predicated upon the effects of the law, in its hitherto very restricted condition, can or ought to be accepted as any just criterion of its usefulness or efficiency in regulating and controling the management of railroads within the State as relating to the transportation of passengers and freight, nor have we any data derived from our experience under the law as thus restricted, by which the comparisons contemplated by the first and third queries contained in said resolution can be made.

In conclusion, we deem it proper to state that the act ot May 2, 1873, in force July 1, 1873, for the most part has been disregarded by the railroad corporations throughout the State. On the first day of July last, the day fixed by the General Assembly for the law to take effect, the railroad corporations throughout the State, with a few exceptions, advanced their rates from 25 to 30 per cent., and in some instances far

more than that. The effect of this action by the railroad officials upon the general trade and commerce of the State was most serious in its results. The people, already excited and indignant in consequence of the high rates that had for a long time been exacted by the managers of the roads, were given to understand that on the same day fixed by the Legislature, by this law, intended for the public relief, to be in force, the rates, instead of being lowered, were, by simultaneous movement on the part of the railroad officials of the State, increased. This action on the part of the railroad corporations was not, of course, required by the schedules which have since been prepared, nor in our opinion was in accordance with the spirit or intent of the law.

Respectfully submitted,

JOHN M. PEARSON,

Chm'n Railroad and Warehouse Commissioners.

A message from the Senate, by Mr. Paddock: Mr. Speaker: I am directed to inform the House of Representatives that the Senate has passed bills of the following titles, to-wit:

Senate bill, No. 292, for "An act to revise the law in relation to sheriffs."

Senate bill, No. 293, for "An act to revise the law in relation to coroners."

In the passage of which I am instructed to ask the concurrence of the House of Representatives.

A message from the Senate, by Mr. Paddock.

Mr. Speaker: I am directed to inform the House of Representatives that the Senate has concurred with them in the passage of their amendment to a bill of the following title, to-wit:

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 perform the powers and duties heretofore devolving upon the county courts in the transaction of county business, in counties not under township organization."

Mr. Shaw (by consent) from the committee on judicial department, to which was referred House bill, No. 706, for "An act in regard to pleadings and practice in courts of record, and to repeal certain sections of an act entitled 'an act in regard to practice in courts of record,' approved February 22, 1872," reported the same back, and recommended that it be printed and temporarily laid on the table.

The report of the committee was concurred in, and the bill ordered printed and temporarily laid on the table.

Mr. Walker (by consent) introduced House bill, No. 707, for "An act making an appropriation fixing the lock gates on the Little Wabash." Which was referred to the committee on canal and river improvements.

On motion of Mr. Ballow,

At 5:20 o'clock P. M., the House adjourned to 10 o'clock A. M. to

morrow.

FRIDAY, JANUARY 16, 1874.

The House met, pursuant to adjournment.

Prayer by the Rev. Mr. Shaw.

The journal of yesterday was being read, when,

On motion of Mr. Peltzer,

The further reading of the same was dispensed with.

Mr. Peltzer (by consent) introduced House bill, No. 708, for “An act to foreclose mortgages by writ of scire facias."

Which was referred to the committee on judiciary.

Mr. Senne (by consent) introduced House bill, No. 709, for "An act to provide for assistant State's attorneys in certain counties."

Which was referred to the committee on fees and salaries.

Mr. Lane of Hancock (by consent) introduced House bill, No. 710, for "An act to permit prosecuting attorneys to take bills of exceptions in criminal cases."

Which was referred to the committee on judiciary.

Mr. Scott (by consent) introduced House bill, No. 711, for "An act to amend an act entitled 'an act to exempt the homestead from forced sale, and to provide for setting off the same, and to exempt certain personal property from attachment and sale on execution, and from distress for rent,' approved April 30, 1873."

Which was referred to the committee on judiciary.

Mr. Grant (by consent) introduced House bill, No. 712, for "An act to amend an act entitled 'an act to fix the salaries of State officers; of the judges of the circuit courts and superior court of Cook county; of the State's Attorneys; of the Judges and Prosecuting Attorneys of inferior courts in cities and towns; of the county officers of Cook county; to regulate the fees of the Secretary of State, and of the clerks of the supreme court; to classify the counties according to population, and fix the scale of fees for county officers in each class; to establish the fees of masters in chancery, notaries public, commissioners, arbitrators, jurors, witnesses, justices of the peace, constables, and all town officers; to provide the mode of rendering their accounts, and to fix a penalty for exacting illegal fees,' approved March 29, 1872."

Which was referred to the committee on fees and salaries.

Mr. Starr (by consent), from the committee on corporations, submitted the following report:

The committee on corporations, to which was referred House bill, No. 663, for "An act to repeal an act entitled "an act to enable railroad companies to borrow money and mortgage their property and franchises therefor,' approved May 7, 1873," have had the same under consideration, and respectfully report the same back with the recommendation that it do pass.

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

Mr. Starr (by consent) submitted the following report:

The committee on corporations, to whom was referred House bill, No. 696, for "An act to provide for the incorporation of institutions of learning above the grade of common schools," have had the same under consideration, and respectfully report the same back with the recommenda

tion that it do not pass-the committee on revision having presented a bill covering same questions.

The report of the committee was concurred in, and the bill laid on the table.

Mr. Starr (by consent), from the committee on corporations, submitted the following report:

The committee on corporations, to whom was referred House bill, No. 575, for "An act to prevent the issuing of bonds voted by counties, townships, cities and towns, previous to the adoption of the constitution of 1870, where all the conditions upon which the same were voted have not been complied with," have had the said bill under consideration, and respectfully report the same back with the recommendation that it do not pass.

The report of the committee was concurred in, and the bill laid on the table.

Mr. Starr (by consent), from the committee on corporations, introduced House bill, No. 713, for "An act to amend an act entitled "insurance," approved March 11, A. D. 1869."

Which was read a first time, and ordered to a second reading.

Mr. Hite of St. Clair (by consent) introduced House bill, No. 714, for "An act concerning lands donated to public schools."

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

Mr. Armstrong of LaSalle (by consent) introduced House bill, No. 715, for "An act to amend the title of an act entitled 'an act to fix the salaries of State officers; of the Judges of the Circuit Courts and Superior Court of Cook county; of the State's Attorneys; of the Judges and Prosecuting Attorneys of inferior Courts in cities and towns; of the county officers of Cook county; to regulate the fees of the Secretary of State, and of the Clerks of the Supreme Court; to classify the counties according to population, and fix the scale of fees for county officers in each class; to establish the fees of Masters-in-Chancery, Notaries Public, Commissioners, Arbitrators, Jurors, Witnesses, Justices of the Peace, Constables, and all town officers; to provide the mode of rendering their accounts, and to fix a penalty for exacting illegal fees,' in force July 1, 1872."

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

Mr. Walker (by consent), from the committee on judiciary, to which was referred House bill, No. 669, for "An act providing for trial of rights of property in certain cases," reported the same back, and recommended that it do not pass, and submitted as a substitute therefor House bill, No. 716, for "An act providing for trial of the rights of property in certain cases before the county court," and recommended that the substitute be passed.

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

Mr. Walker (by consent), from the committee on judiciary, to which was referred House bill, No. 637, for "An act to record executious where the same has been levied upon real estate," reported the same back, and recommended that the bill be passed.

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