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cers and officers of state institutions," was read the second time and referred to the committee of the whole Senate.

Mr. Butler moved that the rules be suspended and Senate bill No. 161 be considered engrossed and read the third time now, which motion prevailed, and Senate bill No. 161, "An act to restrain state officers and officers of state institutions,” was read the third time,

Mr. Butler moved a call of the Senate, which motion prevailed and the roll was called.

The Sergeant-at-Arms was directed to bring in absentees.

During the sergeant's absence several members having appeared at the bar of the Senate, Mr. Butler moved that further proceedings under the call be dispensed with, which motion prevailed.

And the question being, Shall the bill pass? the roll was called with the following result: Yeas, 17; nays 1.

Gentlemen voting in the affirmative were: Messrs. Blair, Butler, Barker, Edwards, Grimes, Guerin, Judd, Martindale, McFarland, Moonlight, O'Neil, Schmidt, St. John, Topping, Wilson, J. C., Wilson, V. P., and Winter.

Mr. Morrill voted in the negative.

Gentlemen absent or not voting were: Messrs. Brandley, Crichton, Ely, Johnson, Martin, Matheny, McWirt, Murdock, Palmer, Price, Rogers, Simons, Simpson, Walker, and York.

And so, a constitutional majority having voted in favor of the passage of the bill, the bill passed and the title was agreed to.

Ordered that the Secretary inform the House thereof.

Mr. Moonlight moved that the Senate do now resolve itself into committee of the whole for the consideration of bills on the calendar, whieh motion prevailed.

Mr. Simons in the chair.

After some time spent therein the committee arose, and through its chairman made the following report:

MR. PRESIDENT: Your committee of the whole Senate have had under consideration the following bills:

House bill No. 364, "An act making appropriations for the state penitentiary for the year ending November 30, 1873," and I am directed to report the said bill to the Senate with the recommendation that it be passed.

House bill No. 324, "An act making appropriations for the executive and judiciary departments of the state," upon which your committee report progress, and ask leave to sit again.

W. L. SIMONS, Chairman. On motion, the report of the committee of the whole Senate was agreed to.

Mr. Murdock moved that the vote by which House bill No. 306 failed to pass be reconsidered, which motion prevailed. On motion, the Senate adjourned.

GEO. C. CROWTHER, Secretary.

MORNING SESSION.

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SENATE CHAMBER, TOPEKA, KANSAS,

March 4, 1873, 9 o'clock A. M. The Senate met pursuant to adjournment; President in the chair.

Roll called. The following gentlemen were present and answered to their names: Messrs. Blair, Brandley, Butler, Barker, Edwards, Ely, Grimes, Guerin, Judd, Martindale, McFarland, McWirt, Moonlight, Morrill, Murdock, O'Neil, Price, Rogers, Schmidt, Simons, St. John, Topping, Wilson, V. , P., and Winter. Quorum present.

Prayer by the Chaplain, Rev. F. S. McCabe.

Mr. Murdock moved that the reading of the journal be dispensed with, which motion prevailed.

REPORTS OF COMMITTEES. Mr. Schmidt, chairman of the committee on counties and county lines, made the following reports :

MR. PRESIDENT: Your committee on counties and county lines, to whom was referred House bill No. 225, “An act to determine the boundary line between Cherokee and Labette counties, Kansas," have had the same under consideration, and I am

directed to report the said bill to the Senate with the recommendation that it be referred to the committee of the whole.

FRANK SCHMIDT, Chairman. MR. PRESIDENT: Your committee on counties and county lines, to whom was referred substitute for House bill No. 160, "An act to change the boundary lines between Marion and Harvey counties, Kansas," have had the same under consideration, and I am directed to report the said bill to the Senate with the recommendation that it be referred to the committee of the whole.

FRANK SCHMIDT, Chairman.

BILLS INTRODUCED. Mr. McFarland introduced Senate bill No. 162, “An act making an appropriation,” which was read the first time.

Mr. V. P. Wilson offered the following resolution, which was adopted :

Resolved, That during the remaining days of the session, no person other than members and officers of the two houses, and ladies, be allowed within the bar of the Senate.

The following message from the Governor was received and read: STATE OF KANSAS, EXECUTIVE DEPARTMENT,

TOPEKA, March 1, 1873. To the Senate: In compliance with the request of your body, I herewith return for your further consideration Senate bill No. 56.

THOMAS A. OSBORN, Governor.

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MESSAGE FROM THE HOUSE. The following message from the House of Representatives was received and read:

MR. PRESIDENT: I am directed to inform the Senate that the House of Representatives has passed Senate bill No. 161, “An act to restrain state officers and officers of state institutions."

ALEX. R. BANKS,

Chief Clerk House of Representatives. The following message from the House of Representatives was received and read:

MR. PRESIDENT: I am instructed to inform the Senate that the House of Representatives has indefinitely postponed Senate bill No. 69, “An act to correct an error in ‘An act to amend an

act defining the boundaries of counties,'” and has passed the following bills:

House bill No. 341, “An act to amend an act entitled 'An act to regulate salvage,' approved February 23, 1869."

House bill No. 16, “An act to encourage the growth of forest trees.”

House bill No. 293, “An act amendatory of the road laws of the State of Kansas."

House bill No. 293, “An act to legalize proceedings and assessments of the mayor and councilmen of the city of Neodesha, in the year 1872."

House bill No. 261, "An act to amend section 52, chapter 102, of the general statutes of 1868.”

House bill No. 379, “An act to regulate the manner of holding elections to amend the constitution, or to call a convention to revise, annul, change or form a new constitution.”

Senate bill No. 10, “An act to add Elm Grove township, of Labette county, to the forty-fourth representative district," without amendment.

Senate bill No. 116, "An act to limit the time for the transfer of the bonds of Atchison county to the Atchison, Oskaloosa and Lawrence railroad,” without amendment.

Substitute for House bill No. 224, "An act supplemental to an act entitled 'An act for the encouragement of agriculture,' approved February 19, 1872."

House bill No. 313, “An act relating to district and county agricultural societies and farmers' clubs, and amendatory of section 2 of chapter 37 of the statutes of 1872, relating to the state agricultural society.”

House bill No. 391, 'An act to amend section 254 of an act entitled “An act regulating crimes and punishments.”

House bill No. 360, "An act making appropriations for the support of the blind asylum.”

Substitute for House bill No. 59, “An act to appropriate money to erect an east wing to the state insane asylum.”

Senate bill No. 13, “An act making an appropriation for the state asylum for the deaf and dumb,” without amendment.

House bill No. 394, "An act making appropriations for the current expenses of the state asylum for the deaf and dumb.”

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House bill No. 353, “An act entitled 'An act to provide for the appointment of regents, directors and trustees, for the control of the public institutions of the state, and defining certain powers thereof."

House bill No. 399, “An act for the relief of persons herein named.”

ALEX. R. BANKS,

Chief Clerk of House of Representatives. The following message from the House of Representatives was received and read:

MR. PRESIDENT: I am directed to inform the Senate that the House of Representatives has concurred in the adoption of Senate concurrent resolution No. 43, “Relating to cessation of legislative business and adjournment sine die," with sundry amendments, in which

your concurrence is respectfully desired. And I am also directed to herewith return House bill No. 306.

ALEX. R. BANKS,

Chief Clerk of House of Representatives. House amendments to Senate concurrent resolution No. 43, “Relating to adjournment sine die," were taken up for consideration, and the question being, Will the Senate concur in the amendments ? a vote was had and the amendments concurred in.

Ordered that the Secretary inform the House thereof.

Mr. Butler moved a reconsideration of the vote by which the report of the committee of the whole Senate was agreed to yesterday afternoon, which motion did not prevail.

MOTIONS AND RESOLUTIONS LAID OVER. Substitute for House concurrent resolution No. 16, “Amending section 2, article 5 of the constitution," was taken up for consideration.

On motion, the resolution was laid upon the table.

Substitute for House concurrent resolution No. 17, “Providing for an amendment to the constitution,” was taken up for consideration, and the question being, Shall the resolution be adopted ? the roll was called with the following result: Yeas, 16; nays, 7.

Gentlemen voting in the affirmative were: Messrs. Brandley, Crichton, Ely, Johnson, Judd, Matheny, Moonlight, Morrill,

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