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' „ .;- i.' .- ' ~ • --$' - ' .• 4 , 1 Nze) 0- - - - --• -...„.... . •-•-,- -_,,,-----,,- 1 k • - - ~,-----„......_,,,.....-„-• • - -------- - --2 . %-, -'- - :"4 -'4-• 't - , - •-i's - -•''''• ..,,, ----,•.- , - ,;„ , k -•- • . . •,-_,,V ‘...-.''',4l ~.. 11.- --. - -_ - _,V-412_ '. - ': - '-_* , '''''" , ilik :.• , _ . - . - :-.----.-_ , ".=l-___,o l - : .1. -- - •,. . - ---_-_-„....--z---- - - -- .-rs-F - - , -- -- --7 I - '.•.' r.-----"----- BY GEORGE BERGNER. gi.a4 bleppij Pennsylvania legislature EEPORYSD EXPRESSLY FOR TDB DAILY TELEORAPII SENATE. TUESDAY, Jan. 5, 1864 This being the day prescribed by the Consti tution of the State of Pennsylvania for the meeting of the Legislature, the Senators as sembled in the :caste Chamber at 3 o'clock P.M. All the senators were present except Senator HARRY WHITS, Of Indiana. The SPEAKER (Hon. JOUR P. PENNEY) an nounced that a quorum of members were present and called the Senate to order. EMOTION RETITIIIIB The Secretary of the Commonwealth being introduced, presented the returns from the several Senatorial:districts In which an election for Senator took pace at the last general e lee tton. • The returns were read . by the Clerk, when it appeared that the following named persons had been duly elected members of the Senate: Philade Iphia—lst District, Jeremiah Nichols. Carbon, Monroe, Pike and Wayne—H. B. Beardslee. Lancaster—Benjamin (Thampneys, Dr. John M. Dunlap. Dauphin and Lebanon—David Fleming. Lawrence, Mercer and Venango —Thomas Hoge: Washington and Greene—William Hopkins. Somerset, Bedfoid and Huntingdon—G®e W. Householder. Westmoreland and Fayette—John Latta. Snyder, Northumberland, Montour and Co !unabla—D wid B. Montgomery. Chester and Delaware—Dr. Wilmer Wor thington. MEMBER 5 OF TUB SeNATS The roll of members of the Senate was called by the Clerk, as follows: Hawkin B. Beardslee, George H. Bucher, Benjamin Ohampneys, Hiester Clymer, George Connell, Cornelius M. Donovan, John M. Den lap, David Flemirg, A. Heistand Glatz, James L. Graham, Thomas Hoge, William opkins, Jeorge W. Householder, Henry Johnson, "Wil liam Kinsey, Charles L. Lamberten, John Latta, Morrow B. Lowry, Chadesliceandless, William Mc'sbeiry. David B. Montgomery, Jeremiah Nichols, Bernard Reilly, Jacob E. Ridgway, Jobe C. Smith, Jasper B. Stark, George W. Stein, William J. Terrell, William A. Wallace, Harry White, Stephen F. Wilson, Wilmer Wor thington and John P. Penney—Speaker. ORG ANIZATION-A PROTERT Upon the invitation of the SPEAKER, the Seneora elect presented themselves before the Speaker's stand for the purpcse of taking the oath of office- Mr. HOPEINS said: Without intending the 'lightest disrespect to the Honorable Senator from Allegheny, (Mr. Psmr,) I desire to pre sent to the Clerk or place upon Journal the following protest:- ' The Clerk read as follows: The underaigned, Senators elect, hereby protest against the right of the Senator from Allegheny (the Hen. John P. Penney,) to administer to them the oath of office , he, not having been elected Speaker of this Senate as Is required by the Constitution; - that they take the same under protest, intending thereby to no right. And they hereby request that this protest be entered upon the Journals of the Senate. WM. HOPKINS, 23d Dist., JNO. LATTA, 22d Dist, D. B. MONTGOMERY, 13th Dist. H. B. BEARDSLEE, Bth Dist. The SPEAKER. The protest will be entered upon the Journals as requested. The Senators elect whotad presented theta selves were then duly qualified by taking the oath of office. ORCIANJZATION-SPRAIM OF TIM SENATE: Mr. LA.MBERTON. I offer the following resolution : WIIIIIMAS, By the 10th section of the let article of, the Constitution it is ordained that the General Assembly shall meet on the first Tuesday in January of every year; And whereas, lu obedience tliereto,the Senate of Pennsylvania is now assembled; And whereas, By the.llth section of the same article, it is ordained that each house shall choose its Speaker and other °dicers; therefore, be it Resolved, That the Senate.do now proccoed to elect its Speaker. The resolution was agreed to. The Clerks were directed to act as tellers, :and . a ballot was taken with following result: Messrs. Champneys, Clymer,Connell,Darilap, Fleming, Graham Hoge, Householder, John son, Lowry, Id.'dandless, Nichols, Ridgway, lorrell,Wilson and Worthington-16, voted for John P. Penney. Messrs. Beardslee, Bucher, Donovan, Glatz, ilopkins, Kinsey, Lamberton, Latta, la'Sherry, Montgomery, Reilly, Smith, Stark, Stein, W,al• lan and Penney, Speaker-16, voted for Riester ;' yn2yer. The .fiPEAKER. A majority of the Senate not havi:/g voted for either of the candidates, [herd is no election. Mr. NIDOOLS. I move that the Senate pro caed to a eeccod They:notion. wee agreed to and a second bal lot was taken, wiAL the following result: Messrs. Champneys, Clymer, Connell, Dun lap, Fleming, Graixam, Hoge, Householder, Johnson, Lowry, .111 . 0andless Nichols, Ridg way, Turret', Wilson and Vorthington-16, voted for John P. Pennirry. Mews. Beardslee Becher, Donovan, Glatz, Hopkins, - Kinsey, Lumberton, Latta, M'Sherry, Montgomery, Reilly, Smith, Stark, Stein, Wal lace and Penney, Speaker-16, voted for /Bea ter Clymer. The SPEAKER. No Senator having received a majority of all the votes cast , there Is no election. Mr. CONNELL. I wove to proceed to another ballot. The motion was agreed tei and a third ballot was taken, with the following reisalt: Messrs. Champneys, Clymer, Connell, Dun lap, Fleming, Graham, Hoge ' Householder, Johnson, Lowry, M'Candless, Nichols, -Ridg way, Terrell, Wilson and; Worthington-16, voted for John P. Penney. bienra. Beardslee, Bucher, Donovan Glats Hopkins, Kinsey, Lamberton, Latta, M'Sherry, Montgomery, Reilly, Smith, Stark, Stein, Wallace and Penney, Speaker —l6, voted for Hiester Clymer. The SP A.R . NR. No Senator having received a majority of all the votes cast, there fa no election. Mr. KINSEY. la move that the Senate pro oeed to another ballot. The motion was agreed to and a fourth ballot was taken, with the following result: Messrs. Cbampneys, Clymer, Connell, Dun lap, Fleming, Graham, Hoge, Householder, Johnson, Lowry, M'Candless, Nichols, Ridg way, Turrell, Wilson and Worthington-16, voted for John P. Penney. Messrs. Beardeee, Bucher, Donovan, Glatz, Hopkins, Kinsey, Lamberton, Lstta, M'Sherry, Montgomery, Reilly, Smith, Stark, Stein, Wal lace and Penney, Speaker-16, voted for Hies ter Clymer. The SPEAKER. No Se for having received a majority of all the vqtes cast, there is no election. / Mr. JOHNSON. Ido not thing Nve progress very rapidly in the election of a Speaker. I therefore read in my place a "Joint resolution proposing certain amendments to the Consti tution." Mr. CLYMER. I rise to a question of order. It is this, that the Senator from Lycorning can not, while there is a resolution undisposed of before the Senate, interfere with the regular business by introducing new business. The SPEAXER. The Chair is of opinion that until the resolution for the election of a Speaker is disposed,of, the resolution of the Senator from LTcoming is out of order. Mr. JOHNSON. Allow me to make one re mark. After the resolution of the Senator from Clarion (Mr. LANBUTON) was adopted, every subsequent ballot has been preceded by a resolution that the Senate have another bal lot. That being the care,,l think the Sennte has already settled that it is not in order to proceed to another ballot without a motion to that effect. The SPFAXIIIR. The Chair was under the iMpression that there was: a motion to proceed to another ballot. Mr. JOHNSON. There was no motion. - Mr. CLYittElt. The resolution of the Sena tor from Clarion was adopted by a unanimous vote of this Senate. It is clearly the business before the Senate. It can only, as I think Vas been well said, be disposed of by a. motion to that effect—either to postpone, lay on the table, or by a motion to adjourn or to fix some other time for its consideration. I have no doubt. ff we have anyparliamentary law governing us, or any that we assume for the Bike of conve nience, that this view of the case is:the correct one. Mr. LOWRY. Mr. Speaker, if the resolition offered by the Senator from Lycoming (Mr. Johnson) is not carried, it falls of its own weight. The SPEAKER. The impression of the Chair is that the proper way to dispose of the matter hi upon a motion to proceed to a fifth ballot. If in the opinion of the Senate it be best not to proceed to a fifth ballot, then the Senator froni Lycoming will be in order, inasmuch as the Senate will have decided not to proceed to another ballot for the election of a Speaker. Mr. REILLY. I move that the Senate pro need to a fifth ballot. Mr. CONNELL. On that motion I call the yeas and nays. The call, was seconded by Mr. RIDGWAY, and resulted as follows: ' YiLte—Meesre. Beardslee, Bucher, Clymer, Donovan, Gists, Hopkins, Kinsey, Lamberten, Latta, OWSherry, Montgomery, Reilly, Smith, Stark, Stein and Wallace-18. Ners—klessrs. Champneys, Connell, Dunlap, Fleming, Graham, Hoge, Householdez, John son, Lowry, Ml.'andless, Nichols, Ridgway, Turrell, Wilson, Worthington and Penney, Speaker-16. So the motion was not agreed to. AMSNDILNNTS TO T.IIS CONSTITUTION. Mr. JOHNSON. I now read in my place and prevent to the Chair a bill, entitled.. " A joint resolution proposing Certain amendments to the C onstitution." Laid on the table. 9/1415.NIZATION. Mr. M'OANDLEAS. I of f er the following resolution: Resolved, That a committee of three members of the Senate be appointed to act in conjunction with a similar committee of the House of Re presentatives, (if the House of Representatives shall appoint such a committee,) to. inform the Governor that the General Assembly is now organized and ready to receive any Communi cation he may have to make. On the question, Will the Senate proceed to a second reading of the resolution ? Mr. DONOVAN called tho yeas and nays The call was seconded by Mr. CONNELL The result was as follows Yies--Mosers. Champnoys, Connell, Dunlap, Fleming, Graham, Hoge, Householder, John son, Lowry, ArCandless, Nichols, Ridgway, Turrell, Wilson, Worthington and Penney, Speaker-16. Nevi —hiders. Beardslee, Bucher ' Clymer, Donovan, Glatz, Hopkins, Kinsey, Lamberton, Latta, M'Sherry, Montgomery, Reilly, Smith, Stark, Stein and Wallace-16. So the question-was determined in.the nega tive. Mr. CONNELL. Mr. Speaker, I offer the following resolution: Re,solveek That the rules of the SeTnate, adopted at the session of 1863, be and they are hereby adopted for the government of the Senate until otherwise ordered. On the question, Will the Senate proceed 'to the second reading of the resolution? ' The yeas and nays were required by Mr. REILLY and Mr. LAMBERTON, and were as follow, viz: - • • 'Dm—Messrs. Champneys, Connell, Dunlap, Fleming, Graham, Hoge, Householder, Johnson, Lowry, JWCandiess, Nichols, Ridgway ; Tunell, Wilson, Worthington and Penney, Speaker-16. NAYS -Messrs. l3eardslee, Bucher, Clymer, Donovan, Mats, Hopkins, Kinsey, Lamberton, Latta, M'Sherry, Montgomery, Reilly, Smith, §tark, Stein and Wallace-16. So the question was determined in the nega tive. ADJOURNIIIINT Mr. RIDGWAY offered the following rem- Talon : Resolved, That until otherwise ordered, the Senate will meet at 11 o'clock, a.m., each day, except on Mondays and Saturdays, and upon Mondays at 3 o'clock, P. M. On the question, Will the Senate proceed to the second reading of the resolution ? The yeas and nays were required by Mr. DONOVAN and Mr. REILLY, and were as follow, viz: • Yses--Messrs. Champneys, Connell, Dunlap, Fleming, Graham, Hoge, Householder, John son, Lowry, M'Candless, Niehold, Ridgway, Tinton, Wilson , Worthington and Penney, Speaker-16. Neva—Mesare, Beardslee, Bucher Clymer, Donovan, Matz, Hopkins, Kinsey, Lumberton, Latta, M'Sherry, Montgomery, Reilly, Smith Stark, Stein and Wallace-16. s o th, question was determined in the nsga titre. . • HILLS iNTRODUCZD. , Mr. LOWER. : I askleave to read some bills in place at this time. HARRISBURG, PA., WEDNESDAY EVENING, JANUARY 6, 1864. The SPEAKER. The Senator will proceed. Mr. DONOVAN. I object. The SPEAKER. The Chair docidvs that the Senator from Erie has the right to road a bill in place, as there is no rule of which the Chair is aware prohibiting the reading of bills. Mr. LOWRY then read In place a bill,entltied "An act to compel the Erie Canal Company to construct repairs of bridges." Also, a bill, entitled "An act to enable_ the city of Erie to sell her stock in the Sunbury and Erie Railroad." Also, a bill, entitled "An act to authorize the Commissioners of Erie county to pay bounties to soldiers and to collect taxes therefor." Also, a bill, intitletli"An act to authorize the appointment of a Notary Public in Mill Creek township, Erie t sounty. ' Also, a hill, entitled "An act to appoint viewers to lay out a road In Summit township, Erie county.' Said bills were laid on the bible. QUESTION OF ORDER. Mr. CONNELL. I desire to read a bill in place. Mr. LAMBERTON. -I object to this on the grounds that the Senate is not organized, and that we cannot 'proceed to business until we are organized. The SPEAEER. The Chair must rule the objection not-well taken. Mr. LAMBERTON. I appeal from the deci sion of the Chair. The SPEAKER: Is the appeal seconded ? Mr. STEIN. Yes, Sir. The SPEAKER The Senator will write out his appeal. Alter some time the following appeal was submitted to the Speaker: The Senator from Philadelphia (Mr. Comm.) having asked leave to read a bill in place, and the Senator from Allegheny (an. J. P. Parrarz) occupying the Speaker's place, having decided that the Senator from- Philadelphia was in or der and that the bill might be read, the Sena tor from Clarion (Mr. Lansaw* and the Senator from Northampton, (Mr. Srsnr,) hereby" appeal from the same. The SPEAKER. The Chair is of opinion that the appeal is not in proper form, and he cannot entertain it, as''lt contains a reflection, upon himself in his Once as Speaker. . 1 Mr. LAMBESTON. In what particulat f The SPEAKER. He is, designated as occupyifg the Speaker's place. The Speaker certainly does' not Intend to be over particular in tbis,mattr, but he cannot for a moment entertain anapel which comes to him in thefform of an imputa tion that he merely occupies the Speaker's place. The Chair is satisfied that he is not, simply an occupant of the Speaker's place, but' that he is the Speaker. If the gentlemen will frame their appeal in conformity with custom ary usage it will be entertained. Mr. CLYkIER: There mes certainly nodesire 'to cast any reflection upon'the Speaker,or urein any member. We all understandvthe preset OPsitien ef agars,. and I believe lea ocetedon by an honest difference of opinion. ' I have too much. respect for the Senator from. Allegheny to suppose that he would for one moment occupy the Chair of this. Senate with out believing himself entitled thereto under the Constitution. We on the other • hand be lieve that under the Constitution and the usages of this Senate, he is not, entitled.to that place. that is our belief. We wish to test this. mat ter ; we do not wish to admit,, by an appeal, the very ground that we. intend to coated. That is the only difficulty now. We certainly intend no disre.spect to. the Senator from Alle gheny, either personally or officially. If hels entitled to that place; no one will serve under him more cheirfully and obediently than I will. ho is not, I merely desire to exercise that right which has beeregiven me by my constit uents, and which every other Senator on this floor may exercise. If I hays that right, I in tend to use it ; if I have It not,• others who may be entitled to it, may exercise it. Now I appeal to the Senators from Clarion and Northampton that, if their appeal is ob jectionable, they will so modify it as that it will meet with a fair consideration from this Senate. Ido not wish that it should contain , one objectionable phrase. Mr. LUMBERTON. Mr. Chairman for the time being; I will state that no one on this side of the Chamber had any Intention of reflecting upon the gentleman who now occupies the Speaker's chair. We.have doubted the -right of the Senator from Allegheny (Hr. Palmer) to occupy that Chair longer than precedent - has heretofore indicated that it should be occupied by a retiring Speaker; and in taking the - appeal that I have taken, in consultation with several of my brother Senators, we framed' it in such a manner that, as we thought, it could not admit the very fact which is in question. But it the Senator from Allegheny or any other Senator on the other side of this Chamber would indicate how the appeal can be taken so as not, in the onset of the discussiori upon this point, to admit by our appeal the very thing at issue, we will cheerfully amend ft. If, there fore, the Senator from Allegheny will indicate in what form an appeill from his decisien will be preferable, I will cheerfully modify it- ac cordingly. The SPRAKER. The Chair, of course, oc cupies a somewhat delicate position, and it is not for him to indicate to Senators in what form they ought to put their motiona. At the same time, it is perhdps due from the Chair ,to say thathe does not forbne moment attribute any personal disrespect from either theidenator from Berka or the Senator from Clarjort:, He simply thinks it vdue to his poodtiori :that he should be addressed, as the rules of all parlia mentary bodies require, by the title of the of fice he occupies, and dila it is not his duty to entertain'a motion or order whichcomes to him without the , proper address. That , is simply the position. So far as the Speaker is con cerned, I merely repeat ,that if the appeal is addressed to the Speaker In the ordinary way, he will put the question. Mr. LAMI3ERTON, For the purpose of testing the question we are willing to comply, so far as to save the personal feedings of the Senator from Allegheny, now occilpying the Speaker's chair. • The SPEAliglii; The Senator from Clarion will have toaddress the Speaker. Mr. LIMBEBTON. lam not disposed to be captions or factious in the matter. The ques • - tion before us is a plain one; but for the sake of testing that question—for the sake of orga nising this body—for the sake of starting the. wheels of government In harmonious action, while protesting against the right of, the Speaker to cccupy the chair, we are willing to so modify the appeal as to bring, thequestion before the Senate, reserving objections against the right of the Speaker to occupy the chair. We will so modify-it. Mr. TITERELL. I have a wordp w e which bias been suggeste4 by tba_routarkjrg BaugOrg .C. L. LADIBERTON, GEO. W: STEIN. Now, sir, what is proposed by our friends on the other eider Let them for a moment consider what they propose to do. Suppose.that their po sition is right and that you are no longer the Speaker. What then if Governor Curtin should die, to-dorrow. ? The machinery of the government of our State would be broken np. Qr suppose that the Governer of Pennsylvania should be taken from the Executive Chamber or captured by the public enemy, as was the Senator whose absence we so deeply regret to day. Would gentlemen here argue that there fore we are to lose our State government. The people of Pennsylvania will not sanction any doctrine of that character. You, sir, in my judgment, have decided properly; and I would tremble_.for the future of Pennsylvania and our country, had you decided dif ferently, When we consider the direful consequences likely to ensue 'from a va cancy in the Speakerehip of this body, we cannot fail to be convinced of the importance of maintaining our position upon this question. It might possibly come to pass -in case of the vacation of the chair by the Speaker and' the inability of the Smite to elect :a successor by reason of an equal division of the body,that the' inaugurations of Gov. Curtin would be prevent ed, and the expressed intention of the people at the last election thereby overruled. s The appeal from the Speaker's decision- hav ing been previously withdrawn was again sub mitted in a somewhat different form, as follows: The Senator from Philadelphia (Hr. Comnrcr.) having asked leave .to road a bill in place and the Saunter from .Alleghony, Hon. Jonx hums, Speaker elect at the close of the ses sion of 1863, having decided that the Senator from Philadelphia was in order >and that the bill might be read, the Senator from Clarion (Mr. LAIIIIIRTON) and the Senator from North amptou (air. Sun) hereby appeal from the - The SPEAKER. With all due deference to the Senators from Clarion and Northampton; it seems to me that the appeal is still objectiona ble. Mr. LABLBEIMPN. Does the Speaker object to the dedignail'on of Speaker elect at the close of the melon of. 1863 I The SPEAKER. The Speaker objects to any designation other than that of .Speaker. [Applause in the lobbies.] The Chair rrqneata that the lobblealobsorre silence. ANSEDNANTB TO MS CONSTITUION. on the other side. It is well known to many Senators here that the present difficulty in the Sonata has a precelent. In 1854, there was a similar difficulty, and numerous ballotings were had for a speaker, some 20 or 30 ballots being taken; and I will venture to say that, through the whole course of those ballotings, not a syllable was heard from either side of the House questioning the right of the Speaker in the Chair to occupy the Chair in that capacity, Mr. CLYMER. Alio* me to make a sug gestion.- If tile Senator will examine the pre cedent of - 1854 and 1855,. he will discover that, upon the handing in of the cer tificates of election and the calling of the roll of members, the person who. during the recess had held the office of Speaker withdrew, and that the Clerk, during that whole balloting, acted as the presiding officer of the Senate. Mr. TURBELL. Yes, sir : that may be ; but the vacation of the Chair by the Speaker under such circumstances has arisen, as I am in formed by those who are better acquainted with the subject than myself, from a mere cue tom. Formerly it was not the usage, and the Speaker did not vacate the Chair. Thespeaker during the interim is elected at the close of ' a session ; and until another is elected there can be no other Speaker, unless in a certain contingency provided for by - the Constitution.' There is no courtesy, law or common sense in the position assumed here that the Speaker who is elected at the close of a previous session does not rightfully occupy that chair until another is elected. The Constitution provides for a Speaker until the Senate is duly organ ized ; and the only contingency that can arise under the COnstitution is the death of the Governor, when the Speaker of the Senate be.r. comes Governor pro tem. These doubts upon which gentlemen here seem to base their action should not, it deems to me, have the weight of a feather; but we should proceed with our business as mud How has this difficulty arisen? We have a dear majority of the members of this Senate. One Senator, by the fortunes of war, his triotism placing him in' the ranks of the Only of the country, has been captured by the enemy. He is a prisoner and cannot be here, sir. A similar instance occurred in a legislative body of a neighboring State at the commence ment of these difficulties of the country. What was the course of the Republican party there? The man who was abseht, who had the coating vote was Col. Wood, of the dty of Brooklyn. He was absent at the bead of his regiment.— The Republican members said; " Gentlemen, if Col. Wood were here you would have a majority"; and his patriotirici shall not injure `you; take the offices," and their granted them every one of the offices;without any contention. [Applause in the lobbies.] It seem to me, Mr. Speaker, that that is, an example worthy of initiation by our friends on the other Mile. Ot..course, they - know best themselves how to act. Ido i not wish to impugh their motives. The facts Are before ns and before the,country; and the , country will judge who are in the wrong, if any wrong there be in this matter, and who it is that hinders the _progress of legislation. • , Mr. LOWRY. Mr. Speaker, Ido not rise at this time to make any extended remarks on the question before the body. :The Senate, I take it, is. a body whose existence is perpetual; it organisation is always maintained. Ye; Were elected Speaker at the close of the lett uit son ; and if during the interim between the sessions the .Governor of the Commonwealth had died or resigned, the governmental machintry would have stl been kept running. We perehive therefore that the Constitution has provided for an uninterrupted administration of the State government. C. L. LAMBESTON GEO. W. STEIN. Mr. JOHNSON. I move that Senate do now proceed to the consideration of the bill in-. troduced by myself proposing certain amend ments to the Constitution of the State of Pekin- sylvania. .[For the information of the Senate the Clerk read the bill, as follows:] Be a resolved by the Beasts and House of ReP' re sentalimes of the Commonwealth of Pennildvani4 ns General teseobly twt, That the following amend meats be proposed to the Constitution of the Commonwealth in accordance with the provi sions of the.tenth article thereof: There shall be. an additional...section to the third, article of the Constitution, to-be designa ted as ,section four, asiollows: Section 4: Wild'. evetany, of thesitudified,eletOrs of ,this Cote- moswealth, shall ;be. iinuty semi military ler.. vice under a requisition from the President of the United States, or by the authority of this Commonwealth, such electors may exercise the right of suffrage in all elections by the citizens under finch regulations as are or shall to pre-. scribed by law, as fally'as if they were preseat at their usual place. of election. There shall be two additional sections to the eleventh article of the Constitution to be desig nated as sections eight and nine, as follows: • Sic. 8.