The bill was referred to the committee on engrossment and enrollment for enrollment. Mr. Brown moved that MOTIONS AND RESOLUTIONS. House substitute for Senate file No. 100, entitled A bill to amend the charter of the village of St. Louis, Which passed the Senate yesterday, be ordered to take immediate effect; Which motion prevailed, two-thirds of all the Senators elect voting therefor. On motion of Mr. Dow, EXECUTIVE SESSION. The Senate went into executive session, the time being 2:25 P. M. THIRD READING OF BILLS. Senate bill No. 184 (file No. 168), entitled A bill to amend section 12 of chapter 123 of the revised statutes of 1846, as amended by act 114 of the laws of 1869, being compiler's section 6706 of the compiled laws of 1871, relative to "summary proceedings to recover the possession of land in other cases," Was read a third time and passed, a majority of all the Senators elect voting therefor, by yeas and nays, as follows: By a vote of two-thirds of all the Senators elect, the bill was ordered to take immediate effect. Senate bill No. 233 (file No. 171), entitled A bill to amend section 13 of chapter 47 of the compiled laws of 1871, being compiler's section 1757, as amended by act uumber 159 of the session laws of 1875, and act number 109 of the session laws of 1877, and relating to draining swamps, marshes, and other low lands, Was read a third time and passed, a majority of all the Senators elect voting therefor, by yeas and nays, as follows: On motion of Mr. Shaw, By a vote of two-thirds of all the Senators elect, the bill was ordered to take immediate effect. On motion of Mr. Dow, GENERAL ORDER. The Senate went into committee of the whole on the general order, Mr. Morrison in the chair. After some time spent therein, the committee rose, and, through their chairman, made the following report: The committee of the whole have had under consideration the following: 1. Senate bill No. 309 (file No. 187), entitled A bill to authorize the enlistment, organization, equipping, and mustering into the State service of a military company at the township of Calumet, county of Houghton, and State of Michigan, to be attached to one of the regiments of State troops, and to make an appropriation therefor; 2. House bill No. 153 (file No. 211), entitled A bill to change the name of Charles William Thayer to Charles William Newkirk; 3. House bill No. 585 (file No. 253), entitled A bill to authorize and empower the board of control of State swamp lands to appropriate not to exceed two sections of State swamp lands in the lower peninsula to complete and improve that portion of the "Newaygo and Dayton State road," lying between the southwest corner of section number twenty in township number fourteen north, of range number fourteen west, in Newaygo county, and the north line of said township; 4. House bill No. 121 (file No. 227), entitled A bill to authorize the board of control of State swamp lands to make an appropriation of swamp land to drain and reclaim certain swamp and overflowed lands in China and Cottrellville townships, St. Clair county; 5. House bill No. 366 (file No. 243), entitled A bill to authorize the board of control of State swamp land to make an appropriation of State swamp lands to lay out and construct a State road in the townships of Cedarville and Stephenson, Menominee county; 6. House bill No. 547 file (No. 252), entitled A bill to authorize the board of control of State swamp lands to make an appropriation of State swamp lands to drain certain marsh and overflowed lands in the townships of Florence, White Pigeon, and Sherman, in St. Joseph county; 7. House bill No. 289 (file No. 226), entitled A bill to authorize and empower the board of control of State swamp lands to make an appropriation of State swamp land to complete and make passable the Duncan City and Alpena State road in Presque Isle county; 8. House bill No. 288 (file No. 225), entitled A bill to authorize the board of control of State swamp lands to make an appropriation of State swamp land to aid in the construction of a State road from the northern limits of the city of Alpena to the Presque Isle county line; 9. House bill No. 209 (file No. 248), entitled A bill to authorize and empower the board of control of State swamp lands to make an appropriation of State swamp lands for the construction of a ditch in the county of Alpena; 10. Senate bill No. 59 (file No. 30), entitled A bill to amend an act entitled "An act to amend section 14 of an act to provide for the organization of the supreme court, pursuant to section two of article VI. of the constitution, approved February 16, 1857, being section 4897 of the compiled laws of 1871," approved January 16, 1873; 11. House bill No. 320 (file No. 205), entitled A bill to provide for the discharge of chattel mortgages, and the punishment for the refusal or neglect to discharge the same; Have made no amendments thereto, and have directed their chairman to report the same back to the Senate, and recommend their passage. The committee of the whole have also had under consideration the following: 12. House bill No. 216 (file No. 194), entitled A bill to authorize the formation of incorporations of associations of members of the bar; Have made sundry amendments thereto, and have directed their chairman to report the same back to the Senate, asking concurrence therein, and recommend its passage. The committee of the whole have also had under consideration the following: 13. Senate bill No. 193 (file No. 172), entitled A bill to regulate the sale of spirituous, malt, brewed, fermented and vinous liquors, to prohibit the sale of such liquors to minors, to intoxicated persons, and to persons in the habit of getting intoxicated, to provide a remedy against persons selling liquor to husbands or children in certain cases, and to repeal all acts or parts of acts inconsistent herewith; Have directed their chairman to report the same back to the Senate, with the recommendation that its consideration be made a special order for the 20th instant, at 10:30 o'clock A. M. The committee of the whole have also had under consideration the following: 14. House bill No. 383 (file No. 246), entitled A bill to amend sections 1 and 2 of act No. 91 of the session laws of 1873, relative to the transfer of insane soldiers and marines from the soldiers' home at Detroit, or any county jail, or from elsewhere within this State, to the insane asylum at Kalamazoo, approved April 15, 1873, as amended by act No. 50 of the session laws of 1879; Have directed their chairman to report the same back to the Senate with the recommendation that it be laid on the table. The committee of the whole have also had under consideration the following: Senate joint resolution No. 32 (file No. 22), entitled Joint resolution to authorize the State board of control of State swamp lands to appropriate swamp lands to drain the AuGres swamp in Bay county, Have made no amendments thereto, and have directed their chairman to report the same back to the Senate, and recommend its passage. Report accepted and committee discharged. T. MORRISON, Chairman. The first eleven named bills and the joint resolution were placed on the order of third reading of bills. On motion of Mr. Morrison, The Senate concurred in the amendments made to the twelfth named bill, and the same was placed on the order of third reading of bills. On motion of Mr. Morrison, The Senate concurred in the recommendation of the committee regarding the thirteenth named bill, and its consideration was made a special order for 20th instant, at 10:30 A. M. On motion of Mr. Morrison, The Senate concurred in the recommendation of the committee regarding the fourteenth named bill, and the same was laid on the table. On motion of Mr. Patterson, The Senate took a recess until half-past 7 o'clock this evening. EVENING SESSION. 7:30 o'clock P. M. The Senate met and was called to order by the President. Roll called: a quorum present. The President announced that, by unanimous order of the Senate, this evening had been designated for the presentation of resolutions, and remarks thereon, in commemoration of the life and services of the late Senator Durkee, of the 15th senatorial district, and that the first in order would be the report of the committee on resolutions: Senator Tooker from the committee on resolutions said: MR. PRESIDENT,-The committee appointed to report appropriate resolutions on the death of our associate the late Senator Durkee, has performed that duty-a duty they would gladly have delegated to other Senators that could better have performed it. Yet, Mr. President, we sometimes have unpleasant duties to perform, and from them we ought not and cannot shrink, and this responsibility is one of that character. Senator Durkee came from a district adjoining my own, and for that reason more particularly I early made his acquaintance, and to know him was to honor and respect him. Your committee, Mr. President, have used such language as they had at their command to express the sentiment of the Senators and the committee on this occasion, and we feel that they have but poorly performed that duty. Yet, Mr. President, we offer these resolutions, well remembering and appreciating the noble qualities of him who so lately occupied that chair that is now draped in mourning and made vacant by death. Mr. President, I now offer the following resolutions and move their adoption: WHEREAS, The Senate has heard with profound sorrow of the death of Senator Lewis Durkee, and its members in obedience to their resolution testified their respect for his memory by attending his obsequies; and WHEREAS, It would seem to be fitting that resolutions indicative of the respect and esteem in which the dead Senator was held by us, his associates, be adopted; therefore be it Resolved, That we appreciate the loss to the State, to the Senate and to his constituents as a serious one and his death as a public calamity; Resolved, That his family and friends have our deepest sympathy in their great bereavement; Resolved, That these resolutions be entered on the journal at a place set apart as a memorial page for that purpose, and that a copy be sent to his family. The question being on the adoption of the resolution, Mr. Patterson said: MR. PRESIDENT AND SENATORS,-The intimate acquaintances made and the lasting friendships formed in the legislature constitute the most valuable part of the compensation for the labor and sacrifices of the legislator. Members of various antecedents and occupations, from distant localities, representing divers parties and interests, meet on the floor of the Senate in a common service and upon a perfect equality. The qualities of the head and heart of the different members are brought out as time and business progresses. and personal attachments are formed, which, like the fraternal ties of our classmates of long ago, are strong and lasting. The organization becomes a fraternity as well as a legislative body. When the Angel of Death snatched Senator Durkee from our midst, and transferred his name from the roll of the Senate to the ever increasing roll of the dead, he came very near to each of us. As we look upon that vacant seat draped in mourning and recall our pleasant acquaintance with our deceased associate, words are inadequate to properly express our feelings-silence seems more expressive. That vacant chair tells us, in thunder tones, that we are mortal; that life is short; that earthly honors are only momentary bubbles; and that human strength is but weakness incarnate. How expressive are those immortal words of William Knox, so often repeated by Abraham Lincoln: "Oh, why should the spirit of mortal be proud? Like a swift-fleeting meteor, a fast-flying cloud, 'Tis the wink of an eye-'tis the draft of a breath- Little did we expect, on the first day of March last, as Senator Durkee responded to the roll-call of the Senate, that he was recording his last vote. Little did the committee on religious and benevolent societies know on the morning of the second of March, as the Senator, now deceased, met with them, and considered a bill for the benefit of a Christian church, that he was doing his last committee work. Senators, we did not anticipate as Senator Durkee answered to the afternoon roll-call on the second of March, it was his last, and that before an hour should pass, like John Quincy Adams in the National House of Representatives, he would be stricken with his mortal sickness on the floor of the Senate. Adams, as he felt the mortal paralysis clutching his heartstrings, and recognizing the hand of death, exclaimed: "This is the last of earth; I am content." As we saw our brother Senator in his casket, the smile upon his lips, in the silent, pathetic language of the dead, seemed to express the last words of the "Old man eloquent," "This is the last of earth; I am content." The indefinite leave of absence given Senator Durkee by the Senate with sorrowful hearts, on the third of March, was his final leave from senatorial work. Senator Durkee and I represented adjoining districts, and we lived in the same judicial and congressional district; we represented similar interests, and his seat on the floor of the Senate was next to my own, on the right. The mutual interests of our districts brought us often together. We were members of the same committee. His death comes especially near to me. I shall miss |