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Page 47, section 11, by striking out all of section 11 and inserting the following in lieu thereof:

"Sec. 11. It is hereby made the duty of all executors, administrators or trustees charged with the management or settlement of any estate subject to the tax provided for in this chapter, to collect and pay to the Treasurer of State the amount of the tax due from any devisee, grantee or donee of the decedent, except in cases falling under the provisions of sections four and five hereof, in which cases the Treasurer of State shall collect the same. Applications may be made to the district court by such executor, administrator, trustee or State Treasurer to sell the real estate subject to said tax in an equitable action, or if made to the court having charge of the settlement of said estate, the proceeding shall conform as nearly as may be to those for the sale of the real estate of a decedent for the settlements of his debts "

For House amendment to section 1, paragraph 4, striking out all of said paragraph after the word "dollar,” in first line, this substitute is recommended: "but such tax shall not be levied upon any property assessable within the limits of any city of the first class, and none of such bridge tax shall be used in the construction or repair of bridges within the limits of such city."

And has amended the House amendment to section 31, page 11, substitute for Senate file No. 8, a bill for an act to revise, amend and codify the statutes in relation to revenue, and refuse to concur in House amendments as follows:

Page 1, chapter 1, section 1, line 5, inserting after the word "revenue" the words "including the support of the poor."

Page 2, section 2, line 39, striking out all after the word "sailor” and inserting in lieu thereof the words "who has not remarried."

Page 3, section 2, permitting boards of supervisors to contribute school

and road tax to township in which poor farm is located.

Page 3, section 3, striking out figures "33" and inserting words "twenty-five."

Page 5, section 11, relative to taxing property belonging to parties outside the assessment district.

Page 5, section 13, relative to increase and decrease of grain held in

store.

Page 7, section 19, line 21, striking out "33" and inserting "twentyfive."

Striking out sections 27, 28, 29, 30, 38, 39, 43 and 44, of chapter 1, and inserting other provisions relative to the taxation of telegraph, telephone, express and sleeping car companies.

Page 22, section 63, relative to change of dates for return of assessors books.

Page 2s, section 68, relative to adjusting assessments by local board of review.

Page 23, section 70, inserting at end of section "and any taxpayer taking such appeal shall file a bond for costs."

Page 38, section 40, relative to appointment of resident agent by nonresident land holder.

Page 45, chapter 4, section 1, line 6, inserting after the word "wife" the words "brother, sister, nephew or niece."

Page 45, section 4, line 3, inserting after the word "wife" the words "brother, sister, nephew or niece."

And has adopted a substitute to the House amendment to section 45, chapter 1, and section 4, chapter 2.

GEO A. NEWMAN,

Referred to Committee on Ways and Means.

CONFERENCE COMMITTEE REPORT.

Secretary

MR. PRESIDENT AND MR. SPEAKER-Your committee on conference to whom was referred House file No. 18, a bill for an act to revise, amend and codify the statutes in relation to insurance, beg leave to report that they have had the matter of dispute between the two Houses under consideration and recommend,

That the House concur in Senate amendment to section 38, chapter 4. That the House concur in Senate amendment to section 59, chapter 4. That the following be adopted as a substitute for section 60, chapter 4: "Any condition or stipulation in an application, policy or contract of insurance making the policy void before the loss occurs, shall not prevent recovery thereon by the insured, if it shall be shown by the the plaintiff that the failure to observe such provision or the violation thereof did not contribute to the loss, provided, however, that any condition or stipulation referring to any other insurance, valid or invalid, or to vacancy of the insured premises, or the title or ownership of the property insured, or to liens or incumbrances thereon created by voluntary act of insured and within his control, or to the suspension or forfeiture of the policy during default or failure to pay any written obligation given to the insurance company for the premium, or to the assignment or transfer of such policy of insurance before loss without the consent of the insurance company, or to the removal of the property of the insured, or to a change in the occupancy or use of the property insured, if such removal, change or use makes the risk more hazardous, or to the fraud of the insured in the procurement of the contract of insurance, shall not be changed or affected by this provision. No recovery on a policy or contract of insurance shall be defeated for failure of insured to comply after a loss occurs, with any arbitration or appraisement stipulation as to fixing value of property unless it be plead and proven that the insurance company gave written notice to the insured of its election to determine the amount of loss by appraisement or arbitration as provided in the policy, and thereafter insured failed to comply with such requirements. No arbitration shall take place except where the property was situated at the time of loss. Any agreement, stipulation or condition in any policy or contract of insurance by which any insurance company reserves or has the right to rebuild shall be void and of no effect in case of total loss. Nothing herein shall be construed to chage the limitations or restrictions respecting the pleading or proving of any defense by any insuranee company to which it is subject by law. The provisions of this section shall apply to all contracts of insurance on real and personal property."

That the House concur in the Senate amendment to section 61 (as re-numbered), of chapter 4, striking out all of the section following the word "sections" in line 6 of printed bill.

That the Senate concur in the House amendment to the Senate amendment to sections 62, 63 and 64 (as renumbered), of chapter 4.

That the House concur in the Senate amendment to section 71 (as renumbered), of chapter 4.

That the Senate concur in the House amendment to the Senate amendment to section 8, chapter 5.

That the House concur in the Senate amendment, striking out subsection 34% in section 6, chapter 6.

That the House recede from its amendments to the Senate amendment to chapter 7, where it inserts the words "or flexible" after the word "stipulated" wherever it occurs in the title or elsewhere in said chapter; and that the House do concur in the Senate amendments, striking out the word "flexible" in said title and chapter and inserting the word "stipulated" wherever it occurs therein.

That the Senate recede from its amendment to section 12, chapter 7, and that the Senate concur in the House amendment to said section

That the House concur in the Senate amendment to section 23, chapter 8. The committee also recommend the following to be added as a new section to chapter 8: "In case this or any other state shall impose or levy any tax on any company or association, the same may be paid from any surplus or emergency fund of such company or association."

CHAS. L. EARLY,
W. G. LADD,
Z. H. GURLEY,

W. I. HAYES,

House Committee. WARREN GARST,

N. M. PUSKY,

G. M. CRAIG,

T. G. HARPER,
Senate Committee.

On motion of Mr. Potter, House adjourned till 9 A. M. to

morrow.

}

HALL OF THE HOUSE OF REPRESENTATIVES.
DES MOINES, Iowa, Friday, April 30, 1897. (

House called to order at 9 A. M., Speaker Byers in the chair. Prayer was offered by Rev. Milo H. Kendall, of Storm Lake, Iowa.

PETITIONS AND MEMORIALS.

Mr. Hendershot presented remonstrance of citizens of Marion county, Iowa, against the valued policy clause of the insurance bill.

Referred to Joint Committee on Conference on House file No. 18.

Messrs. Putnam and Potter presented remonstrance and telegrams of citizens of Pottawattamie county, against the discriminating tax on foreign insurance companies.

Referred to Joint Committee on Conference on House file No. 18.

Mr. Frink presented telegram from citizens of Clarinda, Iowa, in reference to the same subject.

Referred to Joint Committee on Ways and Means.

Mr. Clark offered the following resolution and moved its adoption:

WHEREAS, The bill known as the substitute for Senate file No. 1, on the Calendar of the extra session of the Twenty-sixth General Assembly, now in process of becoming a law, and which imposes upon this House the duty of electing three men to constitute part of the supervisory committee in the publication of the Code, which is the result of the mutual labor of the two parties comprising the membership of this General Assembly, now be it

Resolved, That in the spirit of fairness it will be understood that the Democrats are entitled to one member and the Republicans to two of said supervisory committee.

Adopted.

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 carefully examined the following bill, and find it correctly enrolled:

Senate file No. 99, a bill for an act to amend subdivision 2, of section 796 of the Code as amended and re-enacted by chapter 43 of the acts of the Twenty-second General Assembly, and to amend section 1381 of the Code as amended by chapter 149 of the acts of the Sixteenth General Assembly; chapter 166 of the acts of the Seventeenth General Assembly; and chapter 10 of the acts of the Twenty-first General Assembly, relating to the poor.

Ordered passed on file.

W. E. HAUGER,

Chairman House Committee.
G. S. GILBERTSON,
Chairman Senate Committee

On motion of Mr. McDonald, House file No. 108, a bill for an act to eradicate hog cholera and swine plague in the State of Iowa, with report of committee recommending passage, was taken up, considered and the report of the committee adopted.

Mr. McDonald moved that the rule be suspended, and that the bill be considered engrossed and read a third time now, which motion prevailed, and the bill was read a third time.

On the question, "Shall the bill pass?" the yeas were: Messrs. Allen, Bailey, Bird, Bowen, Brady, Brant, Brighton, Byington, Chapman, Clark, Classen, Cook, Cornwall, Crow, Davis, Doubleday, Dowell, Early, Edwards, Evans, Finch, Frink, Funk, Garner, Good, Grote, Gurley, Hauger, Hendershot, Hinman, Huntley, Jay, Johnson of Webster, Johnston of Franklin, Klemme, Ladd, Lauder, Loomis, McAchran, McArthur, McDonald, McQuin, Marti, Martin, Mayne, Miller of Buena Vista, Miller of Cherokee, Miller of Warren, Morrison of Grundy, Morrison of Keokuk, Mullin, Nietert, Nolan, Perrott, Porter, Potter, Prentis, Putnam, Ray, Reed, Scott, Smith, Spaulding, Temple, Thompson, Tibbitts, Voelker, Wells, Whelan, Whittier, Williams, Wilson, Mr. Speaker-73. The nays were:

Messrs. Frazee, Hinkhouse, Lambert, McDowell-4.
Absent or not voting:

Messrs. Baker, Bell, Brinton, Griswold, Haugen, Hayes, Hazen, Hunt, Jackson, Lavender, Lowry, McNulty, Manahan, Merriam, Parker, Power, St. John, Sullivan, Van Houten, Watters, Weaver, Wheeler, Wood-23.

So the bill passed and the title was agreed to.

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