Roll was called, and the following members were present:

M. Baca, Barnes, Crespin, Gallegos, Gutierrez, Guyer, Herrera, Jaramillo, Kilpatrick, Leib, McIntosh, Ortega, Romero, Sanchez, Schultz, Staplin, Trujillo, Valdez, Wharaon, Winston, and Mr. Speaker.

A quorum being present, the House proceeded to business.

On motion of Mr. Herrera, the reading of the Journal of the twenty-fifth day, in English, was dispensed with.

Mr. Gallegos moved that the reading of the Journal of the twenty-fifth day, in Spanish, be dispensed with.

Motion lost, and the Journal was read in Spanish and approved. A message from the Council was announced, stating that the Council had engrossed Council Bill No. 24, as amended, as requested by the honorable legislative House.

The chair announced the matter would be duly laid before the House.

Under the order of reports of standing commitees, the following were made:

Santa Fe, N. M., February 9, 1899. Mr. Speaker: Your Committee on Engrossed and Enrolled Bills have examined House Bills Nos. 21 and 27 and beg leave to report that they have found the same properly engrossed and enrolled. MARCIAL VALDEZ,

Chairman.

On motion of Mr. Sanchez, the report of the committee was adopted.

Santa Fe, N. M., February 9, 1899. To the President of the Legislative Council and the Speaker of the House of Representatives: Gentlemen: Your committee of conference to which was referred Council Bill No. 32 have had the same under consideration, and respectfully report as follows:

The committee of the Council agree to the amendment in line 5 of the printed bill, section 1, where "five" was inserted instead of "three," and recede from their objections to the same on behalf of the Council.

The committee of the House agree that the House shall recede from its amendment in the same line inserted after the word "commissioners," being the following: "No two of whom shall be from the same judicial district," and consent that the same shall be stricken out.

The committee on behalf of the Council agree that the amendment in line 6 of section 1, of said bill, after the word "commissioners," which strikes out the following words, to-wit: "One of whom shall be a resident of the City of Santa Fe, and each of the other two shall be residents near some railroad and within one hundred

miles of the City of Santa Fe," shall stand, and said words be stricken out in accordance with the amendment made by the House.

The committee on behalf of the House agree that the House shall recede from its amendment to section 1, wherein there was added to the end of said section the following: "Not more than three members of said Board of Penitentiary Commissioners shall at any time be members of the same political party," and consent that the same be stricken out.

Both committees agree to amend the bill further by striking out from line 4, in section,2, of the bill as printed, after the word "Council" the words, "And the board of commissioners of said penitentiary;" also, by striking out in line 1, of section 2, the words "and assistant superintendent," and in line 2 of section 2 insert after the word "be" the word "an;" and strike off from the end of the word "officers" the letter "s;" and from the word "employes" the letter "s;" also, in line 5 of said section 2, strike out the words "and assistant superintendent;" also in line 7 of section 2, strike out the words "or assistant superintendent," and in lines 8 and 9 of section 2,.strike out the words "and assistant superintendent," and in line 9, strike out the word "their" and insert "his" in lieu thereof; in line 10, strike out "their" and insert "his" in lieu thereof.

All of which is respectfully submitted and recommended.

T. B. CATRON,

Chairman Council Committee.

R. P. BARNES, Chairman House Committee.

Mr. Barnes moved the adoption of the report of the conference committee.

Roll call demanded, which resulted as follows:

Ayes: M. Baca, Barnes, Crespin, Gallegos, Gutierrez, Guyer, Herrera, Jaramillo, Kilpatrick, Ortega, Romero, Sanchez, Schultz, Valdez-14.

Nays: Leib, McIntosh, Staplin, Wharton, Winston-5.

The motion, having received the necessary number of votes, the report of the committee was adopted.

Mr. Barnes moved that the vote by which the last motion was carried be reconsidered, and that the reconsideration be tabled indefinitely.

Mr. Kilpatrick rose to a point of order, and stated that the motion of the gentleman from Grant was not in order.

The chair announced that the point of order taken by the gentleman from Santa Fe was not well taken. Whereupon a vote was ordered to sustain the chair in his decision.

Roll call was ordered, which resulted as follows:

Ayes: M. Baca, Barnes, Crespin, Gallegos, Gutierrez, Guyer,

Herrera, Jaramillo, Leib, MeIntosh, Ortega, Romero, Sanchez, Schultz, Staplin, Trujillo, Valdez-17.

Nays: Kilpatrick, Wharton, Winston-3.

The vote resulting in the affirmative, the chair was therefore sustained in its decision.

The motion of the gentleman from Grant was put and prevailed. Santa Fe, N. M., February 9, 1899.

Mr. Speaker: Your Committee on Judiciary to whom was referred Council Bill No. 29 have had the same under consideration, and I am directed to report the said bill to the House with the recommendation that it be not passed, but that the accompanying substitute be passed in lieu thereof.

R. P. BARNES, Acting Chairman.

Ordered to lie on table to be taken up in its regular order. Under the order of introduction of bills, the following were introduced:

House Bill No. 63, introduced by Hon. Rafael Gallegos, "An Act providing for the licensing of circus and menageries." Read first and second time by title, ordered translated, printed and referred to the Committee on Finance.

· House Bill No. 64, introduced by Hon. John R. Guyer, "An Act to prohibit the manufacture and sale of cigarettes in the Territory of New Mexico." Read first and second time by title, ordered translated, printed and referred to the Committee on Judiciary.

House Bill No. 65, introduced by Hon. R. P. Barnes, "An Act to amend an act entitled 'An Act to create the County of Otero and provide for the government thereof, and to readjust the boundaries of Chaves county, and for other purposes, approved January 30, 1899." Read first and second time by title.

On motion of Mr. Barnes, House Bill No. 65 was taken up for consideration.

By request of Mr. Gutierrez, the bill was read in full for information.

Mr. Barnes moved that the rules be further suspended and that the bill be read a third time by title preparatory to its passage. Motion prevailed.

On motion of Mr. Sanchez, the bill was placed on its passage and passed.

House Bill No. 66, introduced by Hon. Frank Staplin, “An Act for the purpose of dividing and making two counties out of the Count of Colfax. New Mexico." Read first and second time by title, ordered translated, printed and referred to the Committee on County and County Lines.

House Bill No. 67. introduced by Hon. Pablo Truillo. "An Act for the protection of stock raisers and to prevent butchers from

paying a compensation for the robbery of stock." Read first and second time by title, ordered translated, printed and referred to the Committee on Stock and Stock Raising.

House Bill No. 68, introduced by Hon. Pablo Trujillo, "An Act for the protection of towns in the Territory of New Mexico from floods from arroyos, etc." Read first and second time by title, ordered translated, printed and referred to the Committee on Municipal Corporations.

House Bill No. 69, introduced by Hon. J. E. Wharton, "An Act fixing the compensation of constables for the removal and care of properties taken by them under execution, attachment and other court process in the Territory of New Mexico." Read first and second time by title, ordered translated, printed and referred to the Committee on Judiciary.

House Bill No. 70, introduced by Hon. Marcial Valdez, "An Act in relation to fences." Read first and second time by title, ordered translated, printed and referred to the Committee on Agriculture and Manufactures.

House Bill No. 71, introduced by Hon. A. D. McIntosh, "An Act relative to the election of precinct officers." Read first and second time by title, ordered translated, printed and referred to the Committee on Judiciary.

Under order of bills and joint resolutions on third reading, the following were taken up for consideration:

House Bill No. 17, "An Act to repeal section 1757 of the Compiled Laws of 1897, relating to an exemption of two hundred dollars worth of property of certain persons from taxation."

Mr. Guyer moved that the report of the Committee on Judiciary in regard to House Bill No. 17 be adopted.

A message from the Council was announced, stating that the Council had concurred in the report of the conference committee in regard to Council Bill No. 32, "An Act to amend section 3491 of the Compiled Laws of 1897, and for other purposes."

The chair announced that the matter would be duly laid before the House.

Mr. Gallegos demanded the previous question, whereupon the chair stated that the question before the House was, "Shall the main question be now put?"

Main question prevailed, whereupon the motion of the gentleman from Union was put.

Roll call was ordered, with the following result:

Ayes: M. Baca, Crespin, Gallegos, Gutierrez, Guyer, Herrera, Jaramillo, Kilpatrick, Leib, Ortega, Romero, Sanchez, Schultz, Trujillo, Valdez, Wharton, Winston-17.

Nays: Barnes, McIntosh, Staplin-3.

The motion having received the necessary number of votes, the report was adopted, and the bill failed to pass.

Council Bill No. 48, "An Act to designate the funds into which moneys collected on judgments in causes in which the territory is a party shall be paid."

Mr. Jaramillo moved that the report of the committee be adopted.

Motion prevailed and the bill was therefore passed.

On motion of Mr. Guyer, the House took a recess until 2 p. m.

AFTERNOON SESSION.

Friday, 2 p. m.

House met pursuant to recess, with the Speaker in the chair.
Roll was called, and the following members were present:

C. Baca, Barnes, Crespin, Gallegos, Gutierrez, Herrera, Jaramillo, Kilpatrick, Leib, McIntosh, Ortega, Romero, Sanchez, Schultz, Staplin, Trujillo, Valdez, Wharton, Winston, and Mr.. Speaker.

A quorum being present, the House proceeded to business. Under the order of bills on third reading, the following were taken up for consideration:

House Bill No. 48, "An Act relating to proceedings in criminal cases."

Mr. Romero moved that the report of the committee be adopted. Motion prevailed, and the bill failed to pass.

House Bill No. 49, "An Act defining a legal newspaper for the publication of legal and other official notices in the Territory of New Mexico."

Mr. Jaramillo moved that the bill be passed over.

Motion prevailed, and bill ordered to lie on table.

Substitute for Council Bill No. 6, "An Act to define the power and jurisdiction of the District courts in all the proceedings in aid of execution, including the statutory proceeding of attachment." Mr. Wharton moved that the report of the committee be adopted. Motion prevailed, and the bill failed to pass.

Mr. Wharton moved that Council Joint Resolution No. 8 be taken up for consideration.

Motion prevailed.

By request of Mr. Schultz, Council Joint Resolution No. 8, "In reference to the creation by an act of Congress of the sixth judicial district in the Territory of New Mexico," was read in full for information.

Mr. Wharton moved that the resolution be read a third time by title preparatory to its passage.

Motion prevailed, and it was so ordered.

Mr. Jaramillo moved that Council Joint Resolution No. 8 be passed