acquiring, improvement, maintenance and regulation of parks, parkways, boulevards, streets, bridges, viaducts, public buildings, grounds and places, and amendatory of and supplemental to chapter 115 of the Laws of 1907, entitled "An act relating to cities of the first class having a population of more than 50,000, and relative to the establishment, acquiring, maintenance, regulation and improvement of public parks, parkways, boulevards, streets, bridges, viaducts, public buildings, grounds and places," approved March 1, 1907, and repealing sections 2, 9, 10, 20, 22, 23, 40, 41, 46, 47, 54 and 58 of said act.

Senate bill No. 294, An act relating to the acquisition of lands through the exercise of the right of eminent domain by boards of education in cities of the first class.

Senate bill No. 295, An act amending chapter 114 of the Laws of 1907, relating to cities of the first class, and supplementary thereto.

Senate bill No. 296, An act relating to cities of the first class having a population of more than 50,000, and concerning the improvement of streets and alleys therein, and repealing chapter 112 of the Laws of Kansas of the year 1905, and chapter 116 of the Laws of Kansas of the year 1907.

Senate bill No. 303, An act relating to special improvements in cities of the first class having a population of over 50,000.

Judiciary:

Senate bill No. 291, An act granting licenses to ex-Union soldiers and sailors to engage in the business of hauling or delivering goods for hire, commonly called expressmen, in any county or city within the state, and providing penalties for the violation thereof.

Senate bill No. 292, An act empowering the county commissioners of Wyandotte county, Kansas, to improve and maintain a certain public highway in Quindaro township, in said county. Senate bill No. 297, An act to repeal an act relating to wages earned out of the state.

Senate bill No. 301, An act relating to counties now or hereafter having a population of more than 75,000 inhabitants, and relative to public bridges and approaches thereto over rivers flowing in or through said counties or along any boundary thereof, and providing for the construction of new bridges and the reconstruction, improvement, removal, relocation of bridges now existing and the maintenance, regulation and use of bridges now existing or hereafter constructed over such rivers in such counties, and repealing all acts and parts of acts in conflict therewith.

Senate bill No. 302, An act providing for a county counselor in counties now or hereafter having a population of over 75,000 inhabitants.

Senate bill No. 304, An act to amend sections 1 and 7 of chapter 392 of the Laws of Kansas of the year 1901, entitled "An act in relation to the collection of delinquent taxes on real

estate, and providing a remedy for sale thereof by decree and order of court," and repealing said sections 1 and 7.

Senate bill No. 305, An act to vacate portions of certain town sites in the state of Kansas therein named.

Senate bill No. 307, An act requiring railroad companies to drain their right of way so as to prevent the accumulation of stagnant water in ditches, pools or ponds upon their right of way, railroad track or road-bed, and to define the duties of the Board of Railroad Commissioners therein.

Senate bill No. 312, An act to repeal an act entitled "An act relating to the fees and salary of the probate judge of Sedgwick county, in the state of Kansas, and to repeal section 14 of chapter 141 of the Session Laws of 1899, and all acts and parts of acts inconsistent therewith."

Senate bill No. 314, An act to amend article 8 of chapter 36 of the General Statutes of Kansas, the same being section 2692 of the General Statutes of Kansas, 1901.

Senate bill No. 315, An act relating to the adoption of persons past the age of majority.

Senate bill No. 316, An act providing for the publication of the receipts and expenditures of moneys used for political purposes, and prescribing penalties for its violation.

Senate bill No. 317, An act relating to the building of bridges, providing the method of advertising and letting contracts for the construction thereof by the board of county commissioners.

Senate bill No. 320, An act to vacate a part of Warden's addition to the town of Russell Springs, in the county of Logan and state of Kansas, and the avenues, streets and alleys thereof.

House bill No. 253, An act relating to unlawful monopolies, trusts and combinations in restraint of trade, providing additional penalties for the violation of chapter 265 of the Laws of 1897, and providing for the better enforcement thereof.

House bill No. 254, An act relating to monopolies, and providing for the regulating of prices on articles of commerce produced and sold by monopolies in this state.

House bill No. 255, An act relating to the removal of causes to the federal courts.

Fees and Salaries:

Senate bill No. 293, An act fixing the salaries of the county surveyors of counties of the state of Kansas having a population of 100,000 or more, and providing for the appointment and salaries of deputies.

Senate bill No. 299, An act fixing the salaries of certain persons and officers in counties having a population of over 90,000, and regulating the collection and payment of fees by certain of such officers and persons.

-10

Ways and Means:

Senate bill No. 310, An act making an appropriation for the Parsons Home Hospital, located at Parsons, Kan.

Railroads:

Senate bill No. 311, An act to promote the safety of the trav-. eling public and protect the lives and limbs of railway employees, and to prescribe the minimum number of employees to be used in the operation of freight-trains and yard engines in the state of Kansas, and providing penalties for the violation thereof.

Senate bill No. 313, An act to regulate the maintenance of railway road-bed and track within the state of Kansas, and to insure the safety of railway travelers and employees.

Live Stock:

Senate bill No. 318, An act in relation to domestic fowls.

Roads and Bridges:

Senate bill No. 319, An act concerning roads and road districts.

COMMUNICATIONS FROM STATE OFFICERS.

The following communication from the state superintendent of public instruction was laid before the Senate, read, and referred to the Committee on Education:

To the Honorable Senate of Kansas:

TOPEKA, KAN., January 26, 1909.

In compliance with the resolution of your honorable body addressed to the undersigned, under date of January 26, 1909, I beg to make the following report:

1. “How many and which counties of the state have adopted and are working under the provisions of what is known as the 'Barnes high school law?'"

Ans. Originally forty-three counties adopted the provisions of the Barnes law and proceeded to maintain in such high schools as were eligible under the law. Following is a list of such counties, as reported to this office: Allen, Anderson, Barber, Barton, Bourbon, Butler, Clark, Coffey,Comanche, Cowley, Doniphan, Edwards, Finney, Ford, Grant, Gray, Hamilton, Harper, Harvey, Jefferson, Kearny, Kingman, Leavenworth, Lincoln, Logan, Lyon, Marshall, McPherson, Morton, Ness, Osage, Pratt, Rice, Russell, Saline, Sedgwick, Shawnee, Stafford, Wabaunsee, Wallace, Wichita, Wilson, Wyandotte.

2. "How many counties, and which counties, have voted upon and rejected the provisions of that law?"

Ans. I can only answer this question as to the counties that voted at the general election in 1908. According to the returns in this office the following counties voted upon and rejected the provisions of the law at the recent election: Anderson, Bourbon, Brown, Chautauqua, Cloud, Douglas, Ellsworth, Franklin, Geary, Harper, Jackson, Jewell, Kingman, Linn, Marion, McPherson, Miami, Mitchell, Morris, Nemaha, Neosho, Osage, Ottawa, Phillips, Rice, Rooks, Rush, Shawnee, Smith and Washington.

3. "How many counties have that law by virtue of having given a majority of all the votes cast in the county at the time the measure was voted on?"

Ans. The following counties have the Barnes law by virtue of having given a majority of all the votes cast in the county at the time the measure was voted upon: Clark, Comanche, Edwards, Finney, Wabaunsee and Wyandotte, at the general election in 1906.

4. "How many counties have the law by virtue of having given more votes for the law than were cast against, but with less than a majority of all the votes cast at the election?"

Ans. The information in this office is not sufficiently definite to answer this question, though there seems reason to believe that very few, if any, of those voting upon the proposition have, adopted the law with a vote greater than a majority of all the votes cast at the election. The following counties carried the measure at the general election in 1908, but whether by a majority of all votes cast, or only by a majority of those voting on the proposition according to the amendment to the original law, I am unable to say: Allen, Jefferson, Osborne and Seward.

5. "Have any protests against that law come to your office? If so, what are the general objections?”

Ans. No formal protests have reached this office against the Barnes law. However, many objections have been urged, both by letter and orally, to certain features of the law.

Respectfully submitted.

E. T. FAIRCHILD,
State Supt. Pub. Instruction.

CONSIDERATION OF MESSAGES FROM THE HOUSE OF REPRESENTA

TIVES.

Senator Glenn moved that the Senate concur in the House amendments to Senate bill No. 75, An act apportioning the state of Kansas into representative districts.

Thereupon the roll was called, with the following result: Yeas 28, nays 10; absent or not voting, 2.

Senators voting in the affirmative were: Anderson, Avery, Bender, Brown, Cambern, Carey, Chapman, Cooke, Denton, Fagerberg, Fowler, Glenn, Hodges, Hostrup, Huffman, Hunter, Lower, Milton, Moore, Murphy, Porter, Price, Quincy, Reed, Robertson, Smith, Stannard, and Stewart.

Senators voting in the negative were: Brady, Brewster, Leidy, Milligan, Myers, Overfield, Potter, Stavely, Stillings, and Travis.

Senators absent or not voting were: Ganse and Hamilton. A constitutional majority having voted in favor of concurring, the bill passed, and the title was agreed to.

REPORTS OF STANDING COMMITTEES.

MR. PRESIDENT: Your Committee on Cities of the First Class, to whom was referred Senate bill No. 308, An act relating to cities of the first class which adopt, or have heretofore adopted, the provisions of chapter 114 of the Session Laws of Kansas of 1907, and amendatory thereto, and repealing original sections 12, 14, 16 and 20 of said chapter, and all other acts or parts of acts in conflict herewith, have had the same under consideration, and instruct me to report the bill back to the Senate with the recommendation that it be amended as follows: In line 2 on page 3, strike out the word "candidates" and insert the word "candidacies." In line 1. on page 4, insert the letter "s" after the word "ballot." In line 19 on page 6, strike out the word "councils" and insert the words "city commission." In line 6 on page 7, strike out the word "office" and insert the

word "officer." In line 8 on page 7, insert, before the word "commission," the word "city." In line 22 on page 7, insert, before the word "commissioners," the word "city." In line 21 on page 11, after the word "chapter," insert "114.” In line 22 on page 11, after the figures "19," insert "07, and all acts amendatory thereto." In line 1 on page 12, strike out the number "3" and insert "2." In line 12 on page 7, strike out the words "magistrates_exercising," and insert the words "notaries public." In line 13 on page 7, strike out the entire line. Insert, in lieu of words stricken out in line 12 and line 13, the following: "In case of disobedience on the part of any person or persons to comply with any subpoena, or to produce any books or papers in his custody, or on refusal of any witness to testify to any matter regarding which he may be lawfully interrogated before the commission, it shall be the duty of the district court of the county, or judge thereof, on application of a civil service commissioner, to compel obedience by attachment proceedings for contempt as in case of disobedience of the requirements of a subpoena issued from such court or refusal to testify therein." In line 18 on page 5, strike out the word "fourth" and insert in place thereof the word "third." In line 19 on page 5, strike out the word "sixth" and insert in lieu thereof the word "fourth." In line 21 on page 5, strike out the word "six” and insert in lieu thereof the word "four." Subject to such amendments, said committee instructs me to report said bill back to the Senate with the recommendation that it be passed.

Also, Senate bill No. 251, An act to amend section 139 of chapter 122 of the Session Laws of 1903 of the state of Kansas, entitled "An act relating to cities of the first class, and repealing chapter 37 of the Laws of 1881, and all acts amendatory and supplemental thereto, and chapter 82, Laws of 1897, and all acts amendatory and supplemental thereto, in so far as the same relates to cities of the first class," and to repeal said section 139, and recommend that it be passed.

CLAD HAMILTON, Chairman.

MR. PRESIDENT: Your Committee on Live Stock, to whom was referred Senate bill No. 248, An act pertaining to the detection of glanders in horses, asses and mules, have had the same under consideration, and instruct me to report the bill back to the Senate with the recommendation that it be passed.

Also, Senate bill No. 210, An act for the suppression and eradication of the disease known as tuberculosis in cattle in the state of Kansas, and providing penalties for the violation thereof, and recommend that it be passed. H. W. AVERY, Chairman.

MR. PRESIDENT: Your Committee on Banks and Banking, to whom was referred Senate bill No. 85, An act regulating banks and banking, and providing penalties for the violation thereof, have had the same under consideration, and instruct me to report the bill back to the Senate with the recommendation that it be passed.

L. S. CAMBERN, Chairman.

MR. PRESIDENT: Your Committee on Ways and Means, to whom was referred House bill No. 297, An act making appropriation for postage, express, freight, packing and other expenses of the distribution of the Sixteenth Biennial Report of the State Board of Agriculture, have had the same under consideration, and instruct me to report the bill back to the Senate with the recommendation that it be passed.

CHAS. S. HUFFMAN, Chairman.

MR. PRESIDENT: Your Committee on Judiciary, to whom was referred Senate bill No. 67, An act to amend section 5651 of the General Statutes of Kansas of 1901, relating to witnesses in original cases, have had the same under consideration, and instruct me to report the bill back to the Senate with the recommendation that it be not passed.

FRANCIS C. PRICE, Chairman.