In the House, all efforts to take it up were frustrated by the minority, under the rule requiring a two-thirds vote for this purpose, until the closing hours of the succeeding session, March 3, 1875, when a vote was obtained referring it to the Committee on the Judiciary, but too late for action, and the bill fell with the expiration of the Congress. Meanwhile, however, February 3d, Mr. Butler, of Massachusetts, had reported a bill from this Committee, covering the provisions of the Senate bill, with the exception only of that relating to cemeteries, but with the addition to that on Common Schools of the proviso,-- “That if any State or the proper authorities in any State, having the control of Common Schools or other public institutions of learning aforesaid, shall establish and maintain separate schools and institutions giving equal educational advantages in all respects for different classes of persons entitled to attend such schools and institutions, such schools and institutions shall be a sufficient compliance with the provisions of this section so far as they relate to schools and institutions of learning.” On proceeding to a vote, the next day, February 14th, the entire clause, embracing Common Schools, public institutions of learning or benevolence, and national agricultural colleges, together with this proviso, was, on motion of Mr. Kellogg, of Connecticut, struck out by Ayes 123, Noes 48,--a call for the Yeas and Nays, which would have brought out the names, being refused. A previous motion by Mr. Cessna, of Pennsylvania, to substitute the full text of the Senate bill for that of the House Committee, now recurring, was defeated by Yeas 114, Nays 148,--and the latter, amended as above stated, was then passed by Yeas 162, Nays 100,--and subsequently, February 27th, in the Senate also, by Yeas 38, Nays 26,--and March 1st received the approval of the Executive.