regulate Proceedings in Criminal Cases in the Courts of Justice in the (Territory) State of Nevada, and making further provisions relating thereto,'" which they report back, and ask leave to sit again. The hour having arrived for the announcement of the vote taken yesterday on the question: Shall Assembly Bill No. 5, entitled "An Act to create three additional Commissioners to represent the State of Nevada at the World's Fair, to be held at Paris, France, A.D. 1867," pass, notwithstanding the objections of the Governor? the vote was recorded as follows: YEAS-Messrs. Doron, Edwards, Geller, Grey, Hastings, Hutchins, Linn, Mason, Monroe, Proctor, Stevenson, Sumner, Terry, and Welty-14. NAYS-Messrs. Eastman, Haines, Meder, and Nelson-4. So the bill passed. Mr. Doron gave notice that on to-morrow he would move a reconsideration of the vote. The President ruled the motion out of order, on the ground that according to the Constitution the bill was now a law. Senate Concurrent Resolution, in relation to appointing a Joint Committee of Examination. Read and adopted. At 12: 20 [P.]M., on motion of Mr. Edwards, the Senate took a recess until 2 o'clock P.M. IN SENATE. The Senate met at 2 P.M., Mr. Sumner, President pro tem., in the chair. Quorum present. Senate Bill No. 134, " An Act to provide for the Recording of certain Papers affecting the Titles or Claims to Real Property." The bill being the special order for 12 o'clock, was, on motion, placed on the General File. Special order for 2 o'clock, Assembly Memorial No. 18, "Asking a Reduction of Freight and Fare upon the Central Pacific Railroad of California," was, on motion of Mr. Sumner, recommitted to a Committee of one, with instructions to amend the first preamble, making it read as follows: Whereas, The Central Pacific Railroad of California, a Corporation aided and endowed under the laws of the United States to run eastward from the navigable waters of the Pacific Ocean, and whose road is being almost wholly built at the expense of the Federal Government, have seen fit to impose a tariff on passengers equivalent to ten cents per mile in coin-a rate exorbitant, and three-fold greater than ever known in the history of railways, except upon this Coast; and a tax upon freight corresponding in proportion. The Committee reported the resolution amended as directed. The report was adopted, and the resolution amended in accordance therewith. A Message was received from the Governor, and laid temporarily upon the table. A Message was received from the Hon. J. Neely Johnson, Civil Code Commissioner, and laid temporarily on the table. At 4:10 P.M., on motion of Mr. Proctor, the Senate adjourned until Saturday, February 23d, at 11 o'clock A.M. The Senate met pursuant to adjournment, Mr. Sumner, President pro tem., in the chair. Roll called. Present-Messrs. Doron, Eastman, Edwards, Geller, Grey, Haines, Hastings, Hutchins, Linn, Mason, Meder, Monroe, Nelson, Proctor, Stevenson, Sumner, Terry, and Welty--18. Absent-0. The Journal of the Forty-sixth day was read, and amended so as to show that prior to the announcement of the vote on Assembly Bill No. 5, Mr. Doron moved a new roll call. The Chair ruled the motion out of order; and after correction, approved. REPORTS OF COMMITTEES. Mr. Monroe, Chairman of Committee on Claims, submitted the following report: Your Committee on Claims, to whom was referred, February 1st, the claim of S. H. Marlette, (Surveyor General) who seeks to obtain the sum of $712, for rent of office, porterage, printing, postage, express charge, copying, and other contingent expenses connected with the office, from December 1st, 1864, to May 1st, 1866; and have since had presented a further bill of items of same character, amounting to $205, which brings the account down to January 1st, 1867, and which makes the relief asked for, $917— Would respectfully report as follows: We find that the said Surveyor General submitted his account to the State Board of Examiners, and that they refused to approve of said account, except upon items amounting to $45%. The following is the language of a portion of the record of said Board, in relation to this claim: "And upon said examination, the Board do consider that the said account be approved for $45, being amount of proper contingent expenses, since January 1st, 1866. Rent deemed improper charge, because there is no authority of law for allowing the Surveyor General an office; porterage and printing errata deemed improper charges. All expenses incurred in 1864 and 1865 are rejected on the ground that the annual report of the Surveyor for the year 1865 (page 28) shows, that up to the close of that year, the Surveyor General's office had been running on its own responsibility, and paying its own expenses, for post office and express charges, stationery, fuel, rent, etc." We find that there is no law compelling the State to furnish an office for the Surveyor General, or pay the contingent expenses connected with the same; but we do find that, by an Act approved March 10th, 1865, the Governor, Sec retary of State, Supreme Judges, Clerk of the Supreme Court, State Treasurer, and Attorney General were allowed offices; and that in some cases, former Legislatures have ordered the State to pay for offices other than above. We find on a close examination of the items, that those for porterage, amounting to $107, should not be allowed, and that of $90, for eighteen days' assistance in copying and compiling statistics, we could not report favorably upon, only under the circumstances of the case, requiring that his report be made out by a certain day in accordance with law; and the delay of the county surveyors to send in their reports made it necessary to employ such assistance. The charges for rent we deem very reasonable, being one-fourth of the amount which he paid for an office to transact both his own and the business connected with State. The balance being for contingent expenses, we can see no reason or precedent why it should not be allowed. We find that the duties of the office are much greater than we had supposed, requiring about three months' labor to make out the annual report required by law; and here we are happy to state that the reports of the Surveyor General are very elaborate and able, reflecting credit upon him as an officer, and imparting valuable information to the citizens at large, both of this and other States. In view of all the contingent expenses having been paid by him in coin (should he not be reimbursed) the salary of $1,000 in currency is a very small compensation for the duties enjoined, services performed, and expenses incurred; and with all due respect to the State Board of Examiners, we cannot see how they could interpret from the quotation taken from the Surveyor General's Report of 1865, that the office itself has reimbursed the officer, while, on the contrary, he says the office "has been running on its own responsibility, and paying its own expenses." It seems plain enough that he has individually paid all these expenses. From the equity of the claim, and believing that the Surveyor General should be entitled to a reasonable rent for an office and the necessary expenses of the same, do recommend that a bill herewith submitted appropriating $810, do pass. All of which is respectfully submitted. Senate Bill No. 160, "An Act to provide for the Payment of the Contingent Expenses of the Surveyor General's Office from December, 1864, to December, 1866, inclusive." Reported from Committee on Claims. Read first time; rules suspended; read second time by title, and placed on General File. Mr. Linn, Chairman Committee on Enrollment, reported that Senate Bill No. 141, entitled "An Act to provide for the Payment of James Cochran for certain Services rendered and Expenses incurred in arresting and conveying W. S. Broadwater, a refugee from justice, from Trinity County, California, to this State," had been carefully compared with the engrossed bill, as passed by the two Houses, found correctly enrolled, and that the same had this day been delivered to the Governor for his approval. MESSAGE FROM THE GOVERnor. The following Message was received from the Governor : To the Hon. the Senate of Nevada : EXECUTIVE DEPARTMENT, I hereby return to your honorable body, without approval, Senate Bill No. 150, entitled "An Act to amend an Act entitled 'An Act authorizing a State Loan, and levying a Tax to provide Means for the Payment thereof,' approved Feb. 6th, 1867." The rate of interest proposed by this bill is greater than the State can pay on so large a sum of money. If the amount asked cannot be obtained under the original Act, at 12 per cent. per annum, would it not be better to pass another repealing it, and providing for a loan of a sufficient amount only to pay the Bonds due under Act of January 19th, 1866, and for immediate wants, the Bonds to run, say four years; and then provide for territorial and floating indebtedness by Bonds, to run, say eight or ten years? But in no event can the State pay seventy-five thousand ($75,000) dollars per annum interest, and five hundred thousand ($500,000) dollars, principal, in five years. I, therefore, return the bill for your future action. H. G. BLASDEL, Governor. On motion, the vote whereby Senate Bill No. 150, entitled "An Act to amend an Act entitled 'An Act authorizing a State Loan, and levying a Tax to provide Means for the Payment thereof,' approved February 6th, 1867," was passed, was reconsidered. The question being, "Shall the bill pass, notwithstanding the objections of the Governor?" the yeas and nays were called, and recorded as follows: YEAS-Messrs. Doron, Eastman, Edwards, Geller, Grey, Hastings, Hutchins, Linn, Mason, Meder, Monroe, Nelson, Proctor, Stevenson, and Sumner-15. NAYS-Messrs. Haines, Terry, and Welty-3. So the bill passed. MESSAGE FROM THE ASSEMBLY. A Message was received from the Assembly. At 1:5 P.M., the Senate, on motion of Mr. Mason, took a recess until two o'clock. IN SENATE. The Senate met at 2 o'clock P.M., Mr. Sumner, President pro tem., in the chair. Baker, late Probate Judge of Nye County." I have this day approved Senate Bill No. 14, "An Act for the Relief of S. L. H. G. BLASDEL, Governor. MOTIONS AND RESOLUTIONS. Mr. Edwards moved that Assembly Bill No. 38, "An Act authorizing the Issuance and Exchange of certain State Bonds, levying a Tax to provide means for their Payment, and providing for the surrender of Bonds now outstanding, and to repeal all Laws in conflict therewith," be taken from the table. Carried. On motion of Mr. Edwards, the bill was indefinitely postponed. MESSAGES FROM THE ASSEMBLY. The following Messages were received from the Assembly: To the Hon. the Senate: ASSEMBLY CHAMBER, CARSON CITY, I am instructed to transmit to your honorable body, for your consideration, the following Assembly Bills, viz: No. 86, "An Act to provide for the Official Publication of Laws and Resolutions, and other public documents," which passed the House on yesterday. Yeas, 22; nays, 15. No. 97," An Act to amend an Act entitled 'An Act for the Relief of Insolvent Debtors and Protection of Creditors,'" which passed the House this day. Yeas, 25; nays, 3. No. 89, "An Act to amend an Act authorizing Rufus Walton and Westley Lambert to complete and maintain a Toll Road," approved December 19th, 1862, which passed the House this day. Yeas, 31; nays, 3. I also return to your honorable body Senate Bill No. 141, "An Act to provide for the payment of James Cochran, for certain services rendered and expenses incurred in arresting and conveying one W. S. Broadwater, a refugee from justice, from Trinity County, California, to this State," the same having passed the House this day without amendment. Yeas, 30; nays, 5. I am also instructed to inform you that the House has this day concurred in Senate amendments to Assembly Bill No. 43, "An Act to provide for properly taking Care of the Indigent Insane of the State of Nevada, and to create a Fund for that purpose," as per recommendation of Conference Committee. Also, that the House have appointed, as a Committee of Free Conference on Senate Bill No. 31, "Relating to Public Administrators," consisting of Messrs. St. Clair, Tennant, and Wingate. All of which is respectfully submitted. To the Hon. the Senate: A. WHITFORD, Clerk. ITY,} ASSEMBLY CHAMBER, CARSON CITY, I am instructed to transmit to your honorable body for your consideration, Assembly Concurrent Resolution No. 42, relating to adjournment, the same having passed the Assembly this day unanimously. I also return to you Senate Concurrent Resolution No. 158, relating to printing the Report of the Surveyor General, the same having passed the House this day. |