Title agreed to. NAYS. House bill No. 414 (file No. 285), entitled 0 A bill to authorize the board of control of State swamp lands to make an appropriation of State swamp lands to aid in the construction of a State road from Manistee to Bear lake, via Portage Lake, all in Manistee county, 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. 254 (file No. 151), entitled A bill to provide for the establishment of a board of health for the city of Detroit, Was read a third time, and pending the taking of the vote thereon, By unanimous consent, Mr. Billings moved to amend the bill by striking from section 1, commencing with the word "shall" in line 4, the words, "hold a certificate from the State board of health, showing their fitness by reason of special and extended study of sanitary science and experience in sanitary matters to undertake the important duties of this position proposed to be conferred upon them, who shall;" Which motion did not prevail. The bill was then 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. Mr. Patterson asked and obtained indefinite leave of absence for Mr. Ambler. Mr. Mars asked and obtained indefinite leave of absence for Mr. Edsell. Mr. Gibson asked and obtained indefinite leave of absence for Mr. Kilpatrick. On motion of Mr. Caplis, The Senate adjourned. Lansing, Monday, May 2, 1881. The Senate was called to order by the President at 8:30 o'clock P. M. Roll called: a quorum present. Absent without leave: Senators Brown, Caplis, Farr, McGurk, Russell, and Strong. Mr. Gibson asked and obtained leave of absence for all the absentees for the evening. PRESENTATION OF PETITIONS. By Mr. Patterson: Memorial of the Marshall conference of Congregational churches; On motion of Mr. Patterson, The memorial was ordered spread on the journal and referred to the committees on constitutional amendments and liquor traffic jointly. The following is the memorial: Eaton Rapids, Mich., April 28, 1881. To the President of the Senate of the Legislature of the State of Michigan. The Marshall conference of Congregational churches of Michigan desires to express to your honorable bodies its feeling of deep regret that the legislature has not seen fit to grant the petition of over seventy thousand of the citizens of this State, asking for the submission to the people, for their decision, of an amendment to the constitution of the State, prohibiting the manufacture and sale of intoxicating liquors; and also, to respectfully urge that such an amendment may yet be submitted to the people before the adjournment of the present session of the legislature. I have the honor to be yours very respectfully, J. NEWTON BROWN, Scribe of Marshall Conference. By Mr. Gibson: Petition of 10 citizens of Bay City, protesting against the passage of Senate bill (file No. 141), relative to a brige across the Saginaw river; Referred to the committee on cities and villages. Mr. Winsor presented the credentials of Hon. David R. Cook, Senator-elect from the 15th senatorial district, and moved that they be referred to the committee on the judiciary; Which motion prevailed. REPORTS OF STANDING COMMITTEES. By the committee on the judiciary: The committee on the judiciary, to whom was referred House bill No. 465 (file No. 335), entitled A bill to amend section 22 of chapter 213, being compiler's section 6747 of the compiled laws of 1871, and to repeal section 23 of said chapter, being compiler's section 6748 of the compiled laws of 1871, relative to the action of replevin, Respectfully report that they have had the same under consideration, and have directed me to report the same back to the Senate, without amendment, and recommend that it do pass, and ask to be discharged from the further consideration of the subject. CHARLES UPSON, Chairman. Report accepted and committee discharged. The bill was referred to the committee of the whole, and placed on the general order. By the committee on the judiciary: The committee on the judiciary, to whom was referred A bill to amend an act entitled "An act to amend an act entitled An act to authorize to formation of companies for the detention and apprehension of horse thieves and other felons, and defining their powers,"" the same being act No. 55 of the session laws of 1873, Respectfully report that they have had the same under consideration, and have directed me to report the same back to the Senate without amendment, and recommend that it do pass, and ask to be discharged from the further consideration of the subject. CHARLES UPSON, Chairman. Report accepted and committee discharged. The bill was referred to the committee of the whole, and placed on the general order. The President announced the following: MESSAGE FROM THE HOUSE. HOUSE OF REPRESENTATIVES, To the President of the Senate: SIR, I am instructed by the House to return to the Senate the following bill: Senate bill No. 237 (file No. 182), entitled A bill to amend section 1, and to repeal section 12 of an act, entitled "An act to define the limits, jurisdiction, and powers of circuit courts," approved April 8, 1851, being compiler's sections 4937 and 4948 of the compiled laws of 1871, and to create the 26th judicial circuit, and to repeal all acts and parts of acts contravening or repugnant to the provisions of said act; In the passage of which the House has concurred by a majority vote of all the members elect, and has ordered the same to take immediate effect by a vote of two-thirds of all the members elect. The bill was referred to the committee on engrossment and enrollment for enrollment. On motion of Mr. Dickerman, The Senate adjourned. Lansing, Tuesday, May 3, 1881. The Senate was called to order by the President at 10 o'clock A. M. Prayer by the Rev. Mr. Badger. Roll called: a quorum present. Absent without leave: Senators Caplis, Farr, Lovell, McGurk, Russell, and Strong. Mr. Tooker asked and obtained leave of absence for Mr. Caplis for the fore noon. Mr. Dickerman asked and obtained leave of absence for Mr. Farr for the day. Mr. Upson asked and obtained leave of absence for Mr. Lovell for the day. Mr. Morrison asked and obtained leave of absence for Mr. McGurk for the forenoon. Mr. Mars asked and obtained leave of absence for Mr. Russell for the day. Mr. Gibson asked and obtained leave of absence for Mr. Strong for the day. REPORTS OF STANDING COMMITTEES. By the committee on the judiciary: The committee on the judiciary, to whom was referred The credentials of David R. Cook as Senator-elect from the 15th senatorial district, to fill the vacancy caused by the death of the Hon. Lewis Durkee, Respectfully report that they have had the same under consideration, and have directed me to report the same back with the following conclusions and recommendations: It appears from the statement of the board of county canvassers of Barry county, duly certified, referred to your committee, that at the special election held in the 15th senatorial district on the 25th day of April, 1881, the whole number of votes cast for senator in said county was 2,856, and that the said David R. Cook received 1,364 votes, Robert J. Grant 1,184 votes, Henry A. Goodyear 307 votes, and H. A. Goodyear 1 vote; and from the statement of the county canvassers of Eaton county, duly certified, at said special election in said senatorial district, the whole number of votes cast for senator in said county of Eaton was 2,092, and that David R. Cook received 1,364 votes, Robert J. Grant received 366 votes, Henry A. Goodyear received 356 votes, Grant of Hastings 2 votes, G. N. Potter 2 votes, and Blank received 2 votes. These two counties (Barry and Eaton) constitute the 15th senatorial district. The credentials of the said David R. Cook, presented to the Senate and referred to your committee, consist of the aforesaid certified statements of the county canvassers of these two counties. From these statements it satisfactorily appears to your committee that, at the late special election held in the said senatorial district, David R. Cook received 2,728 votes in said district, Robert J. Grant received 1,550 voter, Henry A. Goodyear received 663 votes, there were 7 scattering votes cast, and that the said David R. Cook received 508 majority at said special election over all other candidates. The vacancy in said 15th senatorial district was caused by the death of the Hon. Lewis Durkee, on the 11th day of April last, during the session of the Senate. The Senate is still in session, important business is pending in which the 15th district is interested. The interest of that district, and of the State, and justice demand that the seat be filled at the earliest moment. This case comes within the rule adopted by the Senate at this session in the case of Hon. Wm. W. Andrus, from the 20th senatorial district. The committee have directed me to report said credentials back to the Senate, recommending that David R. Cook be admitted to a seat in the Senate as Senator from the 15th senatorial district, but without prejudice to the right of any opposing candidate to contest said seat should there be reason therefor; And ask to be discharged from the further consideration of the subject. JOHN C. PATTERSON, Acting Chairman, Report accepted and committee discharged. On motion of Mr. Patterson, The report was adopted. Mr. Cook, Senator-elect from the 15th senatorial district, then came forward, took and subscribed the constitutional oath of office, and entered upon his duties as Senator. By the committee on State affairs: The committee on State affairs, to whom was referred Senate bill No. 312 (file No. 207), entitled A bill to faciliate the collection of debts from employés of the State, Respectfully report that they have had the same under consideration, and have directed me to report the same back to the Senate, with the accompanying substitute therefor, with the same title, recommending that the substitute be concurred in, and that the substitute do pass, and ask to be discharged from the further consideration of the subject. Report accepted and committee discharged. S. R. BILLINGS, Chairman. The Senate concurred in the adoption of the substitute reported by the committee. The substitute was then ordered printed, referred to the committee of the whole, and placed on the general order. By the committee on State affairs: The committee on State affairs, to whom was referred Senate bill No. 85, entitled A bill to amend an act entitled "An act to authorize the election of a township drain commissioner in each organized town and to authorize him to locate, establish, and construct ditches, drains, and water-courses in his respective towns, and to repeal all other drainage laws in relation thereto," approved April 13, 1871, by adding a new section thereto, to be called section 22 and to be substituted in the place of section 22 in said original act, which was repealed by act number 144 of the session laws of 1879, said original section 22 of said act of April 13, 1871, being, before said repeal, compiler's section 1799 of the compiled laws of 1871, Respectfully report that they have had the same under consideration, and |