Act providing funds and making appropriations for the 42d and 43d fiscal years, and for other purposes.

The committee of the whole arose temporarily to receive a messenger from the Governor, who presented a message which was received.

The committee of the whole resumed.

Upon the committee of the whole arising the President as chairman of said committee reported that they had had under consideration Council Bill No. 81 and had come to no resolution thereon.

The chair then presented a message from the Governor which stated that he had approved, signed and filed with the Secretary of the Territory Council Joint Resolution No. 5 in relation to the pay of additional employes of the 29th Legislative Assembly and Council Bill No 8, entitled an act regulating the sale of intoxicating liquors and licenseing the same.

The chair also presented a second message from the Governor returning Council Bill No. 55 entitled An Act to provide for the issuance of county current expense bonds in the Territory of New Mexico for the signature of the chief clerk of the House.

Chief clerk of the Council was directed to have the matter attended to and return the bill to the Governor.

As a matter of privilege the committee on enrolled and engrossed bills through its chairman, Mr. Ancheta, reported that that Council Bill No. 8 was duly enrolled, which report was adopted upon motion of Mr. Richardson.

The chair announced that he had signed Council Bill No. 8, entitled An Act declaring certain trusts, pools and combinations illegal and providing for the punishment thereof.

Upon motion of Mr. Richardson the Council then adjourned until 2 p. m.

AFTERNOON SESSION.

HALL OF LEGISLAVIVE COUNCIL,

SANTA FE, N. M., February 3, 1891,
Tuesday, 2 o'clock p. m.

By unanimous consent Mr. Ancheta introduced:

}

Council Bill No. 120-entitled An Act for the protection of mines and mining claims; the bill was read a first time by title, and under suspension of the rules read a second time in full,

ordered translated and printed and referred to the committee on mines and public lands.

Upon motion of Mr. Perea the Council then resolved itself into a committee of the whole with the President in the chair to resume the consideration of Council Bill No. 81, entitled Au Act providing funds and making appropriations for the 42d and 43d fiscal years and for other purposes.

The committee of the whole arose and the President, as chairman of said committee, reported that they had had under consideration Council Bill No. 81, and had come to no resolution thereon.

Mr. Perea rose to a question of privilege and asked the chair, whether or not the chairman of a committee of the whole, has a right to vote, whether the vote taken is a tie or not.

The President decided that the chairman of a committee of the whole has a right to vote whether the vote taken is a tie or

not.

Upon motion of Mr. Richardson the Council again resolved itself into a committee of the whole to resume the consideration of Council Bill No. 81.

The committee of the whole again arose temporarily to receive a messenger from the House, who announced that that body had passed the following:

House Bill No. 89-entitled An Act to amend Section 2788 of the Compiled Laws of New Mexico of 1884; also

House Bill No. 99-entitled An Act to require the publication of notices in English and Spanish; also

House Joint Resolution No. 6, in relation to the death of Secretary Windom.

On the committee of the whole arising the President as chairman of said committee reported that they had had under consideration Council Bill No. 81 and had come to no resolution thereon.

On motion of Richardson the Council then adjourned until p. m.

7:30

EVENING SESSION.

HALL OF LEGISLATIVE COUNCIL,

SANTA FE, N. M., February 3, 1891,
Tuesday, 7:30 o'clock p. m.

The Council met pursuant to adjournment.

}

Upon motion of Mr. Perea the Council then resolved itself

into a committee of the whole, with the President in the chair to resume the consideration of Council Bill No. 81, entitled An Act providing funds and making appropriations for the 42d and 43d fiscal years and for other purposes.

Committee of the whole resumed.

Upon the committee of the whole rising the President as chairman of said committee reported that they had had under consideration Council Bill No. 81, that they had adopted several amendments thereto and they recommend that Council Bill No. 81, pass as amended.

Upon motion of Mr. Catron, Harry S. Clancy was appointed as a committee clerk.

Upon motion of Mr. Stover Council Bill No. 81 was ordered to be copied in typewriting, with all the amendments which were adopted.

Upon motion of Mr. Richardson the Council then adjourned until 10 a. m. February 4, 1891.

J. FRANCO. CHAVEZ, President.

M. LUNA, Chief Clerk.

THIRTY-SECOND DAY.

MORNING SESSION.

HALL of LEGISLATIVE COUNCIL,

SANTA FE, N. M., February 4, 1891,
Wednesday, 10 o'clock a. m.

Council met pursuant to adjournment.

Session opened by prayer by the Rev. John Menaul.
Roll call dispensed with, all members being present.

}

The Journal of yesterday's proceedings was read and upon motion adopted.

The President announced that the special order of business was the consideration of Council Bill No. 81, entitled An Act providing funds and making appropriations for the 42d and 43d fiscal years and for other purposes, which the committee of the whole had reported to the Council, recommending its passage.

Upon motion of Mr. Perea Council Bill No. 81 was laid on table until the afternoon session.

The President announced the regular order of business, petitions and memorials, none being presented.

Reports of standing committees were in order.

Mr. Stover, chairman of the committee on railroads, reported that said committee had had Council Bill No. 23, entitled An Act to regulate the transportation of freights by railroad cor porations and to prevent the pooling of their earnings, under consideration and recommended that the same do not pass.

Mr. Ancheta, chairman of the committee on territorial affairs, reported that said committee had had Council Bill No. 44, entitled An Act fixing the compensation of county assessors in the Territory of New Mexico, under consideration and recommended that the same pass. The bill and report were ordered to lie on the table and await their regular order.

Mr. Catron, chairman of the committee on judiciary, reported that said committee had had Council Bill No. 79 entitled An Act to fix the time for holding the supreme and district courts in the Territory of New Mexico under consideration, and recommended that the same be passed with amendments. The bill and report were ordered to lie on the table and await their regular order.

Reports of special committees were now in order, there being none made.

Resolutions were in order, there being none.

Introduction of bills was in order, and there being none.
Bills upon second reading were in order.

Mr. Mills rose to a question of privilege made a motion that the rules be ordered entered in the Journal of the Council as had been previously ordered.

Mr. Catron amended this motion by moving that the rules be ordered to be entered into the Journal five days prior to the expiration of the present term of the Legislative Assembly, which amendment having been accepted by Mr. Mills, it was so ordered.

Council Bill No. 58-entitled An Act fixing the compensation of probate clerks and ex officio recorders in the Territory of New Mexico was then taken up, with the report of the committee thereon, and read a first time by title, then read in full for information.

Mr. Jaramillo made a motion that Council Bill No. 58 be recommitted to the committee on territorial affairs.

Mr. Richardson made a motion to amend the motion of Mr. Jaramillo, that the committee be instructed to report Council Bill No. 58 by to-morrow, which motion as amended was car

ried.

Mr. Catron moved that the rules be suspended and that Council Bill No. 79, entitled An Act to fix the time for holding the supreme and district courts in the Territory of New Mexico be taken up, which motion prevailed.

Council Bill No. 79, with the amendments as proposed by the committee on judiciary was taken up.

After various amendments had been adopted to Council Bill No. 79, Mr. Catron inade a motion that the consideration of said bill be temporarily postponed, and that said bill be placed in the hands of Mr. Ancheta who wished to further examine said bill.

Mr. Stover made a motion that the Council now resolve it. self into a committee of the whole for the consideration of the substitute for Council Bill No. 12, entitled An Act establishing common schools in the Territory of New Mexico and creating the office of public instruction, which motion was carried.

Mr. Stover moved that House Bill No. 85, entitled An Act establishing common schools in the Territory of New Mexico and creating the office of public instruction be substituted for the Council substitute of Council Bill No. 12, which motion was carried.

Mr. Perea made a motion to have a call of the Council made, which resulted in all members being present except Mr. Santis

tevan.

Upon motion of Mr. Stover further call of the House was dis pensed with, and the Council resolved itself into a committee of the whole on House Bill No. 85, entitled An Act establishing common schools in the Territory of New Mexico and creating the office of public instruction.

The committee of the whole now arose and through the President as its chairman announced that they had come to no resolution on House Bill No. 85, as a substitute for Council substi tute to Council Bill No. 12.

On motion of Mills the Council adjourned until 2 p. m.