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Ordered that the Secretary inform the House thereof.
Mr. Edwards moved that the Senate do now resolve itself into committee of the whole for the consideration of appropriation bills upon the calendar, which motion prevailed.
Mr. Morrill in the chair.
After some time spent therein the committee arose, and through their chairman made the following report:
MR. PRESIDENT: Your committee of the whole Senate have had under consideration House bill No. 324, "An act making appropriations for the executive and judiciary departments of the state,” and I am directed to report the said bill to Senate with the recommendation that it be passed as amended.
E. N. MORRILL, Chairman. On motion, the report of the committee of the whole Senate was agreed to.
Mr. Murdock asked and obtained indefinite leave of absence for Mr. Crichton.
Mr. Edwards moved that the rules be suspended and House bill No. 324 considered engrossed and read the third time now, which motion prevailed, and House bill No. 324, “An act mak. ing appropriations for the executive and judiciary departments of the state,” was read the third time.
Mr. Butler moved a call of the Senate, which motion prevailed, and the roll was called.
During the roll-call 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.
The question being, Shall the bill pass? the roll was called with the following result: Yeas, 18; nays, 6.
Gentlemen voting in the affirmative were: Messrs. Brandley, Butler, Barker, Grimes, Guerin, Judd, Martindale, McFarland, Moonlight, Morrill, Murdock, O'Neil, Schmidt, Simons, St. John, Wilson, J. C., Wilson, V. P., and Winter.
Gentlemen voting in the negative were: Messrs. Blair, Edwards, Ely, Price, Rogers, and Topping.
Gentlemen absent or not voting were: Messrs. Crichton, Johnson, Martin, Matheny, McWirt, Palmer, 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. Brandley, chairman of the committee on enrolled bills, asked and by unanimous consent obtained leave to make the fol. lowing reports:
MR. PRESIDENT: Your committee on enrolled bills to whom was referred Senate bill No. 60, “An act to vacate that part of the town site of Leroy lying south of the Neosho river," have had the same under consideration, and I am directed to report the said bill to the Senate correctly enrolled, and presented the same to the Governor for his signature.
H. BRANDLEY, Chairman. MR. PRESIDENT: Your committee on enrolled bills, to whom was referred Senate bill No. 93, “An act to legalize the acts of A. A. Higinbotham as notary public," have had the same under consideration, and I am directed to report the said bill to the Senate correctly enrolled, and have presented the same to the Governor for his signature.
H. BRANDLEY, Chairman. On motion, the Senate adjourned until 7:30 P. M.
GEO. C. CROWTHER, Secretary.
March 4, 1873, 7:30 P. M. S 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, Martindale, McFarland, Morrill, Murdock, O'Neil, Palmer, Price, Rogers, Schmidt, Simons, Simpson, St. John, Top,
ping, Walker, Wilson, J. C., Wilson, V. P., and Winter. Quorum present.
Mr. Edwards presented the following protest, which was ordered placed upon the journal of the Senate:
SENATE CHAMBER, TOPEKA, March 4, 1873. To the President of the Senate:
We, the undersigned Senators, do hereby protest against the action of the Senate in defeating House joint resolution No. 17, "In reference to submitting to the people at the next general election the amendment to section two of article two of the constitution of the State of Kansas, providing for representation in the legislature of the new counties now organized, in the future, to the number of 125 Representatives and 40 Senators."
We think that great wrong and injustice has been done those counties in the western, southwestern, and northwestern portions of the state which have complied with express provisions made by the laws for the organization of new counties, and did expect and had a right to expect, under the provisions of the constitution providing for allowing each organized county representation in the Legislature, that all counties which had in good faith complied with all the provisions of the laws would have been allowed such representation; but the attorney general having decided that the constitution, as construed by him, did not permit the admission of over one hundred members, therefore the counties already organized, some ten in number over and above the specified number of one hundred, although feeling that they were denied the fundamental right of representation, acquiesced in the decision of the House, trusting that the justice of the legislature would provide a remedy by and through which they would be allowed representation hereafter. Now we submit in all good faith that the only way in which this grievance can be remedied is to amend the constitution in the manner as provided by law; and the refusal of the Senate to submit to the people at the next general election the question, will in the next three years prevent at least one-fourth of the people of the state from participating in any way in the making of the laws by which they are governed and taxed. In arbitrary monarchical governments this thing is constantly and persistently done, but how loud and deep are the eurses against the ruler who tramples in the dust the rights and
energies of the people. To what depth of political degradation are the people of these counties sunk while occupying the position of free citizens of a free state, yet debarred from the greatest boon which a state can confer. The rapid development made in the settlement of these sparsely occupied counties in the past two years should be a convincing fact that much larger and greater developments will be made within the next two years. Yet, by the action of the Senate they have this day deliberately and finally determined to cut off from representation nearly onefourth of the entire population of the state.
Mr. President, against this, to us, unjust and unwise decision against the interests of the state, we do hereby enter our most solemn protest.
JNO. H. EDWARDS, Senator 29th District.
E. BARKER, Senator 26th District.
MESSAGES FROM THE HOUSE. The following inessage from the House of Representatives was received and read:
MR. PRESIDENT: I am instructed to inform the Senate that the House of Representatives has stricken from the calendar the following bills:
Senate bill No. 50, “Relating to certain offenses and to provide for the punishment thereof."
Senate bill No. 134, "An act to amend ‘An act to organize a state normal school.""
Senate bill No. 17, "An act with reference to cities of the first class.”
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 infor the Senate that the
House of Representatives has passed House bill No. 180, "An act to provide for the assessment and collection of taxes.”
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 by the House of Representatives to inform the Senate that the House has passed the following bills:
Senate bill No. 61, “For the relief of John B. Scott," with amendments.
Senate bill No. 19, "An act concerning the bridging of the Great Arkansas river, in Rockford township, Sedgwick county."
Senate bill No. 60, “An act to vacate that part of the town site of the city of LeRoy lying south of the Neosho river."
Senate bill No. 139, “An act to vacate blocks one, two, three and four, in Drake's addition to the town of Mission, Neosho county, Kansas," with amendment to title.
Senate bill No. 86, “Relating to roads on section lines in Dickinson county."
Senate bill No. 34, “To authorize W. W. Jerome to build a mill dam across the Big Blue, in Marshall county.”
Senate bill No. 140, "An act to vacate certain streets, alleys and public grounds.”
Senate bill No. 93, "An act to legalize the acts of A. A. Higinbotham as notary public."
Senate bill No. 90, “An act to change the terms of court in the fourteenth judicial district," with amendments thereon noted.
Senate bill No. 122, “An act to authorize the Austin mill company to build a dam across the Neosho river.”
Senate bill No. 16, “An act concerning universities and institutions of learning."
House bill No. 305, “An act legalizing the incorporation of Great Bend as a city of the third class.”
House bill No. 229, "An act with reference to cities of the first class."
House bill No. 384, “An act authorizing the Governor to procure a new die or engraving of the great seal."