Resolved by the Senate, the House concurring, That the President of the Senate and the Speaker of the House be requested to separate Code bills for consideration of the two houses in such a way as that bills first considered in one house shall be considered in the other house as messages from the house in which they were first considered.

GEO. A. NEWMAN,

Secretary.

On motion of Mr. Finch, House file No. 30 and House file No. 48 were referred to Third Division Code Revision Committee.

Senate file No. 50, a bill for an act to revise, amend and codify the statutes in relation to Educational Board of Examiners, was read first and second time and referred to Committee on School and Text Books.

Concurrent resolution of Mr. Brant, relative to copyrighting the Code when completed, was taken up and adopted.

REPORT OF COMMITTEE ON ENROLLED BILLS.

Mr. Hauger, from the Committee on Enrolled Bills, submitted the following report:

MR. SPEAKER-Your Committee on Enrolled Bills respectfully report that they have examined, and find correctly enrolled, House file No. 49, a bill for an act to revise, amend and codify the statutes in relation to the Superintendent of Public Instruction.

Ordered passed on file.

W. E. HAUGER,

Chairman.

REPORT OF JOINT COMMITTEE ON ENROLLED BILLS.

Mr. Hauger, from the Joint Committee on Enrolled Bills, submitted the following report:

MR. SPEAKER-Your Joint Committee on Enrolled Bills respectfully report that they have examined, and find correctly enrolled, House file No. 49. a bill for an act to revise, amend and codify the statutes in relation to the Superintendent of Public Instruction.

Ordered passed on file.

G. S. GILBERTSON, Chairman Senate Committee. W. E. HAUGER, Chairman House Committee.

Mr. Allen called up the concurrent resolution from the Senate, just messaged over, and moved its adoption.

Carried.

The Speaker appointed as the committee to investigate the number of employes and duties of same, in the State departments, in accordance with the resolution of Mr. Funk passed

on yesterday, Messrs. Funk, Lauder, Davis, Baker, Voelker. The Speaker appointed as the committee to investigate printing for State officers, in accordance with the resolution of Mr. Lambert passed on yesterday, Messrs. Lambert, Temple and Brant.

On motion of Mr. Morrison of Grundy, the House adjourned until 9 A. M. to-morrow.

HALL OF THE HOUSE OF REPRESENTATIVES,
DES MOINES, Iowa, Wednesday, February 10, 1897.

}

The House met at 9 A. M., with Speaker Byers in the chair. Prayer was offered by Rev. Atwood of Des Moines.

The Speaker added to the committee appointed yesterday to investigate the printing of blanks for State officers, the following members: Messrs. Smith and Jay.

The Journal of yesterday was corrected and approved.

PETITIONS AND MEMORIALS.

Messrs. Nietert, Cook, Frink, Nolan, Brant, Voelker and Byington presented remonstrances of citizens of their respective counties, against the passage of section 24 of the proposed revenue bill.

Referred to Committee on Ways and Means.

Messrs. Sullivan, Frink, Cornwall, Hinkhouse and Dowell presented petitions of citizens of their respective counties, asking the passage of a manufacturing bill.

Referred to Committee on Domestic Manufactures.

Messrs. Garner, Lambert, Power, Mullin, Miller of Buena Vista, Baker, Hinman and Dowell presented petitions of citizens of their respective counties, asking for a 2-cent rate on railroads.

Referred to Committee on Railroads and Commerce.

Mr. McArthur presented remonstrance of citizens of Des Moines county, against any change in the present law relating to State printing and binding.

Referred to Committee on Printing.

Mr. Morrison of Keokuk, presented petition of citizens of Keokuk county, asking for a law licensing peddlers and hucksters.

Referred to Committee on Ways and Means.

Messrs. Cook and McArthur presented remonstrances of citizens of their respective counties, against taxation of the capital stock of corporations.

Referred to Committee on Ways and Means.

REPORTS OF COMMITTEES.

Mr. Allen, from the Committee on Code Revision, Second Division, submitted the following report:

MR. SPEAKER-Your Committee on Code Revision, Second Division, to whom was referred chapters 26, 33, 34, 35, 42, 43, 46, 76, 78, 83, 100, 102, 103 and 107 of the Acts of the Twenty-sixth General Assembly, for the purpose of revision and codification, beg leave to report that they have had the same under consideration and have instructed me to report the same back to the House with the statement that with the exception of said chapter 46 all of the chapters aforesaid are either amendatory or supplementary to the laws in force prior to the Twenty-sixth General Assembly, and that your said committee have no bills under consideration at the present time relating to the subject matter contained in such chapters, and that they would therefore recommend the following reference by the House of the foregoing chapters, as follows, viz:

To the Committee on County and Township Organization, chapters 26, 42, 43, 76, 78, 83 and 100.

To the Committee on Telephone and Express, chapters 33 and 107.
To the Committee on Railroads and Commerce, chapters 34 and 35.

To the Committee on Military, chapters 102 and 103.

Your committee would further report that they will prepare and offer the provisions of chapter 46, relating to levees and drainage as an independent bill for the consideration of the House.

W. S. ALLEN,
Chairman.

The report was referred to the Committee on the Distribution of the Acts of the Twenty-sixth General Assembly.

Mr. Cornwall, from the Committee on Judiciary, submitted the following report:

MR. SPEAKER-Your Committee on Judiciary, to whom was referred House fle No. 84, a bill for an act to revise, amend and codify the statutes in relation to evidence, beg leave to report that they have had the same under consideration and have instructed me to report the same back to the House with the recommendation that the same do pass when amended as follows:

First Amend page 850, chapter 1, section 6, line 3, by inserting between the words "other" and "but" the following: "or in a civil action by one against a third party for alienating the affections of the other."

Second.-Amend page 855, chapter 1, by striking out all of section 55 and inserting in lieu thereof the following, being section 3686 of the Code, as follows: "The petition for that purpose must state the facts expected to be proved by such books or papers, and that, as the petitioner believes, such books and papers are under the control of the party against whom the rule

is sought, and must show wherein they are material. The rule shall thereupon be granted to produce the books and papers, or show cause to the contrary, if the court deems such rule expedient and proper."

Third.-Amend page 857, section 62, of the same chapter, by inserting between the words "witness" and "are" in the first line, the words "except parties to the action."

Fourth.-Amend page 857 by inserting between 62 and 63 of the same chapter as section 62a, section 3817 of the Code as follows: "When the county or any party has paid the fees of any witness, and the same is afterward collected from the adverse party, the county or person so paying the same, shall upon the production of the receipt of such witness or other satisfactory evidence, be entitled to such fee, whether it be in the hands of the justice or clerk, or has been paid into the county treasury."

Fifth.-Amend page 859, section 83 of said chapter, by inserting in line 3, after the word "subpoena," the words "or is over seventy-one years of age," and by striking out of said line the following words, "for other cause."

Sixth.-Amend page 859, section 88 of said chapter, by adding to the end of said section, chapter 74 of the Laws of the Twenty-sixth General Assembly, as follows:

"Whenever a party to any cause shall serve notice for the taking of any deposition, either within or without the State, upon commission, with interrogatories attached thereto, the opposite party may elect to crossexamine such witness orally at the time of the taking of such deposition, and in such event shall serve the moving party or his attorney, prior to the issuing of such commission, with notice of such election, and thereupon, before the deposition shall be taken, the moving party shall serve such opposite party or his attorney with notice of the day, hour and place (including the street and number if a city) of the taking of such deposition, and the name of the party before whom the same is to be taken, which notice shall be served not less than three days prior to the taking thereof, the day of service not being included; and one additional day for every three hundred miles distance between the place of the residence of such party, or his attorney, and the place where such deposition is to be taken.

"The oral cross-examination shall be reduced to writing by the commissioner the same as though taken on written cross-interrogatories; also, the moving party in the taking of said deposition may appear before such commissioner, if he so desires, in person or by agent or attorney, and examine such witness or witnesses orally in chief, and the re-examination and re-cross-examination shall proceed in the same manner; and if any such moving party, in the taking of such deposition shall not desire to examine such witness or witnesses orally the commissioner shall propound the interrogatories in chief, in the usual manner of taking depositions on written interrogatories and the same rules with regard to examining witnesses and the same requirements with regard to returning of such depositions to the clerk of the court in which the same is intended to be used, as are now observed in practice, or required by law shall obtain." Seventh.-Amend page 861, line 6, section 96, of the same chapter, by striking out the word "thirty" and inserting in lieu thereof the words "one hundred."