be in a position to understand the dangers and difficulties surrounding titles in that county. There is no presumption of law as to the contents of a will, or of a decree in chancery, or of a marriage settlement, or of any other trust instrument, and hence it is impossible to ascertain by the records the rights of parties who claim to be the owners of real estate in that county; and the longer the time since the fire the greater the difficulty of ascertaining what said instruments contain, as it rests entirely in the memory of persons who are growing old and who are constantly dying, so that after a few years there will be no evidence resting in the memory of the witnesses any more than there now is of record pertaining to said subject. These are but few of the evils, and we are satisfied that the time must come very shortly when legislation must be passed to relieve from these burdens; in point of fact it clearly appears that at least one-tenth of the titles in Cook county are to-day rendered unmerchantable on account of defects in the evidences of title. The remedy proposed by this bill is simple and well known. It is simply in effect a limitation law, the constitutionality of which has never been doubted anywhere. Under the circumstances it does not seem unreasonable that the provisions of this bill should be granted to the people of Cook county, who almost unanimously demand it. The limitation of three years, to be sure, is short, but the circumstances of the case render it necessary that there should be a short limitation. The only difference betwixt this and other limitation laws is, that by this law the limitation is made a matter of record, so it can be ascertained certainly and definitely when it is to become operative. While other limitation laws rest in parole, in facts to be ascertained outside of the record, and no person will pass a title relying on said outside facts which are not definitely ascertained. Secondly, this law proposes to bar by limitation the rights of all persons, including infants and married women; whereas, the present limitation laws do not affect such persons, and hence, in the examination of the title, it not only becomes necessary to find out, under the present laws, whether there is a limitation, but they must also ascertain whether there are any exceptions as to married women and infants, which, in a community like Chicago, is next to impossible, and hence such laws are of no value in the examination of titles, and do not assist in their merchantable character, while at the same time they are very valuable for defense in case the title may be attacked; but the difficulty is that no person can pass a title as merchantable on such limitation laws. The point has been made in committee that this law will cut off infants and married women from asserting their rights, and hence should not be adopted. We think this opinion fanciful, and also that the circumstances of the case demand a more heroic remedy than if the records had not been destroyed, and it is notorious that general laws sometimes work a hardship, but it is nevertheless for the good of the public that there should be an end of things, even if sometimes the negligent should lose their rights. As to infants, it should be remembered that all children born before 1871 will be of mature years, and most of them of age, before any operation can be had of this statute, and hence there will be but few infants that will need protection, and it is to be supposed that their guardians will give them that protection, or that they will be of sufficiently mature years to look after their own rights. As to married women, the law in other respects has placed them in the position of un-married women, and in this respect they should be left to take care of the rights as to their interests prior to the great fire, just as they now take care of their rights under the present law. Is there any reason because this law may be detrimental to the owners of abstract books that the public should not have the relief from the evils which are growing worse day by day? By this law the men who are in the abstract business will be able to make money by the abstract of records created since the fire, as it will be remembered that the operation of this law is simply to establish in the owner at the time of the fire, leaving the records made and created since that time to cover in all other respects. We therefore recommend that House Bill No. 35 be printed and placed on the order of second reading. JOHN HUMPHREY, HENRY W. LEMAN, GEO. TORRANCE. After debate, the question being, "Shall the foregoing report of the minority of the committee on judiciary be substituted for the majority report of the same committee?" And the yeas and nays being demanded, it was decided in the affirmative by the following vote, viz.: Yeas, 29; nays, 16. Those voting in the affirmative are: Messrs, Bell, Burke, Cantwell, Chapman, Curtiss, Dean, Eckhart, Garrity, Gibbs, Greenwood, Hadley, Hogan, Humphrey, Johns, Knopf, Léman, McGrath, Monahan, Orendorf, Pearson, Pierce, Reinhardt, Southworth, Strattan, Streeter, Sumner, Torrance, Washburn, Wheeler-29. Those voting in the negative are: Messrs. Adams, Bacon of Edgar, Crawford, Evans, Forman, Funk, Gore, Higgins, Hill, Johnson, Organ, Reavill, Seiter, Shutt, Stephenson, Thompson-16. And so the foregoing bill was ordered to a second reading and to be printed. EXECUTIVE COMMUNICATION. A message from the Governor, by H. J. Caldwell, Private Secretary: Mr. President: I am directed by the Governor to lay before the Senate the following communication: STATE OF ILLINOIS, EXECUTIVE DEPARTMENT, To the Honorable, the Senate: I have the honor to nominate and appoint as member of the Board of State Commissioners of Public Charities, Dr. J. L. R. Wadsworth, of Madison county, to succeed Wm. A. Grimshaw, whose term of office has expired, and respectfully ask the concurrence of the Senate therein. R. J. OGLESBY. MISCELLANEOUS BUSINESS. Mr. Wheeler asked unanimous consent to take up House Bill No. 658, being "An act to pay James Lillie damages suffered by him for a failure of the State of Illinois to perform its contract for work done under a contract on the Eastern Illinois Hospital for the Insane, at Kankakee." And objections being made, Mr. Wheeler moved to suspend the rules. And the yeas and nays being demanded, it was decided in the affirmative: Yeas, 34; nays, 4. Those voting in the affirmative are: Messrs. Bell, Burke, Cantwell, Chapman, Crawford, Eckhart, Evans, Funk, Garrity, Gibbs, Gore, Hogan, Humphrey, Johns, Johnson, Knopf, Leman, McGrath, Monahan, Orendorf, Organ, Pearson, Pierce, Reavill, Reinhardt, Shutt, Southworth, Strattan, Streeter, Sumner, Thompson, Washburn, Wheeler, Yost-34. Those voting in the negative are: Messrs. Darnell, Forman, Hill, Stephenson-4. Thereupon House Bill No. 658, for "An act to pay James Lillie damages suffered by him for a failure of the State of Illinois to perform its contract for work done under a contract on the Eastern Illinois Hospital for the Insane, at Kankakee," having been printed, was read at large a third time. And the question being, "Shall this bill pass?" it was decided in the affirmative: Yeas, 36; nays, 4. Those voting in the affirmative are: Messrs. Bacon of Edgar, Bacon of Will, Burke, Cantwell, Chapman, Crawford, Eckhart, Evans, Funk, Garrity, Gibbs, Greenwood, Hadley, Higgins, Hogan, Humphrey, Johnson, Knopf, Leman, McGrath, Monahan, Organ, Pearson, Pierce, Reavill, Reinhardt, Seiter, Shutt, Southworth, Strattan, Streeter, Sumner, Thompson, Washburn, Wheeler, Yost-36. Those voting in the negative are: Messrs. Darnell, Forman, Hill, Stephenson-4. Ordered that the title be as aforesaid, and that the Secretary inform the House of Representatives thereof. By unanimous consent, at request of Mr. Adams, the House joint resolution concerning the Ohio & Mississippi railway, received May 5, was taken up for consideration and read, viz.: Resolved by the House of Representatives, the Senate concurring herein, That the Attorney General and the Railroad and Warehouse Commissioners be, and they are hereby, instructed to commence proceedings of mandamus to compel the president and directors of the Ohio and Mississippi Railway company to comply with the provision of the constitution and the laws made in pursuance thereof and to enforce and collect the penalties for failure to comply therewith; and be it further Resolved, That the State's Attorneys of the several counties through which the said Ohio and Mississippi Railway runs be, and they are hereby, instructed to call the attention of the grand jury of each of their several counties, and to lay before them the law on the subject, showing the law and the penalty thereto attached for the non-compliance of said constitution and laws, and a copy of this report and resolutions be sent to each State's Attorney in the counties through which the said O. & M. Railway runs. And the Speaker of the House and the President of the Senate be requested to certify to each copy as a certified copy of said proceedings, and that a copy of said proceedings properly certified to, be served upon the Attorney General and the Secretary of the Board of Railroad and Warehouse Commissioners. Adopted by the House May 3, 1887. The question being, "Shall the foregoing resolution be concurred in?" it was decided in the affirmative. Ordered that the Secretary inform the House of Representatives thereof. Mr. Burke asked unanimous consent to take up House Bill No. 773, for "An act providing for the permanent closing of stores and workshops on Sunday." And objections having been made, Mr. Burke moved to suspend the rules for the purpose of giving the foregoing bill immediate consideration. Which motion prevailed. Thereupon House Bill No. 773, a bill for "An act providing for the permanent closing of stores and workshops on Sundays," was taken up, read at large a first time, and on motion of Mr. Burke was ordered to a second reading without reference. REPORTS OF STANDING COMMITTEES. Mr. Crawford, from the committee on judiciary, to which was referred a bill, House Bill No. 580, for an act entitled "An act to further define conspiracy and punish the same, and crimes committed in pursuance thereof, and relating to the rule of evidence therein," reported the same back with the recommendation that the bill do pass. The report of the committee was concurred in, and the bill was ordered to a second reading and to be printed. Mr. Adams, from the committee on engrossed and enrolled bills, reports that bills of the following titles have been correctly engrossed, and are returned herewith, to-wit: Senate Bill No. 363, a bill for "An act authorizing the commissioners of the Illinois State Penitentiary at Joliet, to purchase land for the use of the said penitentiary, and to make appropriations therefor." Senate Bill No. 310, a bill for "An act for the payment to Samuel Stewart for services rendered by himself and teams, in the organization of the 56th regiment of the Illinois volunteers, in the years 1861 and 1862." Also, Senate amendment to House Bill No. 110, being a bill for "An act to authorize recorders of deeds in counties where recorders of deeds are elected, to keep abstract books, to make abstracts of title, and fixing the fees and compensation therefor." Mr. Adams, from the committee on engrossed and enrolled bills, reports that bills of the following titles have been correctly engrossed, and are returned herewith, to-wit: Senate Bill No. 52, a bill for "An act making appropriations for continuing the work of constructing the Southern Illinois Penitentiary." Senate Bill No. 185, a bill for "An act making an appropriation to the State Reform School." Senate Bill No. 319, a bill for "An act making appropriations for repairs and improvements in the 1llinois State Penitentiary at Joliet.' Senate Bill No. 418, a bill for "An act to authorize the issue of bonds to raise funds for the protection of public parks from waste by the action of water." Mr. Adams, from the committee on engrossed and enrolled bills, reports that a bill of the following title has been correctly engrossed, and is returned herewith, to-wit: Senate Bill No. 404, a bill for "An act to empower the trustees or boards organized under the general incorporation act of the State of Illinois, to manage and protect monuments; and also to appoint a custodian for the same and to fix his compeneation." Mr. Curtiss, from the committee on appropriations, to which was referred a bill, Senate Bill No. 123, for "An act making appropriations for the Illinois Institution for the Education of the Blind," reported the same back with amendments thereto, and recommended that the amendments be adopted, and that the bill as amended do pass. Under the rules, the bill was ordered on file for a second reading, and to be printed with the amendments. Mr. Curtiss, from the committee on appropriations, to which was referred a bill, House Bill No. 456, for "An act making an appropriation for repairs upon the State House," reported the same back with amendments thereto, and recommended that the amendments be adopted, and that the bill as amended do pass. Under the rules, the bill was ordered on file for a second reading, and to be printed with the amendments. Mr. Curtiss, from the committee on appropriations, to which was referred a bill, House Bill No. 288, for "An act to provide for the |