MR. PRESIDENT: Your Committee on Assessment and Taxation, to whom was referred Senate bill No. 171, An act conferring upon the board of county commissioners, the county clerks of each of the several counties in this state, power to supervise and equalize the assessment of property, 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.

Also, Senate bill No. 149, An act concerning the assessment of property in the counties of this state having a population of less than 30,000, and recommend that it be not passed. J. H. STAVELY, Chairman.

MR. PRESIDENT: Your Committee on Engrossed Bills, to whom was referred Senate bills Nos. 93, 61 and 145, and substitute for Senate bill No. 19, have compared the engrossed copies with the original bills, and instruct me to report the bills back to the Senate correctly engrossed. R. T. FOWLER, Chairman.

MR. PRESIDENT: Your Committee on Oil and Gas, to whom was referred Senate bill No. 99, An act to abolish the offices of the five regular deputy oil inspectors, and amending section 4 of chapter 170 of Session Laws of 1899, 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; and the said committee offers in lieu thereof substitute for Senate bill No. 99, and recommends that the said substitute be passed.

J. F. OVERFIELD, Chairman.

Substitute for Senate bill No. 99, An act to abolish the offices of the five regular deputy oil inspectors, and providing for the inspection of oil and fluids and establishing certain fees for the inspectors of same and regulating the compensation of local inspectors, and to amend sections 1, 4, 8 and 21 of chapter 170 of Session Laws of 1899, was read the first time. THIRD READING OF BILLS.

Senate bill No. 61, An act amending section 1 and repealing sections 1 and 2 of chapter 136 of the Laws of 1903, the same being an act relating to cities of the second and third classes, and empowering such cities to obtain water, heat, light, power, etc., and repealing said sections 1 and 2 of chapter 136 of the Laws of 1903, was read the third time, and the question being, Shall the bill pass? the roll was called, with the following result: Yeas 37, nays 0; absent or not voting, 3.

Senators voting in favor of the passage of the bill were: Anderson, Avery, Bender, Brady, Brewster, Brown, Cambern, Carey, Chapman, Cooke, Denton, Fagerberg, Fowler, Ganse, Glenn, Hamilton, Hodges, Hostrup, Hunter, Leidy, Lower, Milligan, Moore, Murphy, Myers, Overfield, Porter, Price, Quincy, Reed, Robertson, Smith, Stannard, Stavely, Stewart, Stillings, and Travis.

Senators absent or not voting were: Huffman, Milton, and Potter.

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

Senate bill No. 93, An act to amend sections 3, 4, 7, 10 and 11 of chapter 382 of the Session Laws of 1907, etc., was read the third time, and the question being, Shall the bill pass? the

roll was called, with the following result: Yeas 38, nays 0; absent or not voting, 2.

Senators voting in favor of the passage of the bill were: Anderson, Avery, Bender, Brady, Brewster, Brown, Cambern, Carey, Chapman, Cooke, Denton, Fagerberg, Fowler, Ganse, Glenn, Hamilton, Hodges, Hostrup, Huffman, Hunter, Leidy, Lower, Milligan, Milton, Moore, Murphy, Myers, Overfield, Porter, Potter, Price, Quincy, Robertson, Smith, Stannard, Stewart, Stillings, and Travis.

Senators absent or not voting were: Reed and Stavely.

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

Substitute for Senate bill No. 19, An act concerning filing of claims against estates in the probate court, and providing for security for costs in certain cases, was read the third time, and the question being, Shall the bill pass? the roll was called, with the following result: Yeas 35, nays 0; absent or not voting, 5. Senators voting in favor of the passage of the bill were: Anderson, Avery, Bender, Brady, Cambern, Carey, Chapman, Cooke, Denton, Fagerberg, Fowler, Ganse, Glenn, Hamilton, Hodges, Hostrup, Huffman, Hunter, Leidy, Lower, Milligan, Milton, Moore, Murphy, Overfield, Porter, Price, Quincy, Robertson, Smith, Stannard, Stavely, Stewart, Stillings, and Travis.

Senators absent or not voting were: Brewster, Brown, Myers, Potter, and Reed.

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

Senate bill No. 145, An act concerning child labor, prohibiting the employment in factories, workshop, theaters, elevators, packing-houses and mines of persons under fourteen years of age, and regulating the employment in other occupations or places of persons under seventeen years of age, was read the third time, and the question being, Shall the bill pass? the roll was called, with the following result: Yeas 37, nays 0; absent or not voting, 3.

Senators voting in favor of the passage of the bill were: Anderson, Avery, Bender, Brady, Brown, Cambern, Carey, Chapman, Cooke, Denton, Fagerberg, Fowler, Ganse, Glenn, Hamilton, Hodges, Hostrup, Huffman, Hunter, Leidy, Lower, Milligan, Milton, Moore, Murphy, Myers, Overfield, Porter, Potter, Quincy, Robertson, Smith, Stannard, Stavely, Stewart, Stillings, and Travis.

Senators absent or not voting were: Brewster, Price, and Reed.

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

The president laid before the Senate the motion of the attorneys of G. P. Aikman to note an exception in the contest case

wherein N. A. Yeager is contestor and G. P. Aikman contestee, this motion having been filed with the secretary of the Senate. The motion to note an exception was as follows:

IN THE SENATE OF THE STATE OF Kansas.

N. A. Yeager, Contestor,

vs.

G. P. Aikman, Contestee.

MOTION TO NOTE AN EXCEPTION.

Comes now G. P. Aikman, for the purpose of this motion only, and still respectfully protesting to the exercise of jurisdiction by this honorable Senate, prays the Senate to note on its official Journal an exception to the ruling of the Senate on his motion to dismiss said contest, for the preservation of such rights as the contestee may be entitled to under the law. H. C. SLUSS,

JOHN S. DAWSON, and

E. D. MCKEEVER,

Attorneys for the purpose of this motion only.

INTRODUCTION OF ORIGINAL MOTIONS AND RESOLUTIONS. Senate resolution No. 28, by Senator Stavely, which follows, was introduced and read:

IN THE SENATE OF THE STATE OF KANSAS.

N. A. Yeager, Contestor,

vs.

G. P. Aikman, Contestee.

Resolved by the Senate, That the Senate do grant the motion to allow an exception to the ruling of the Senate on contestee's motion to dismiss, and that the secretary of the Senate be instructed to record such excep-. tion in the Senate Journal.

Senator Stavely moved that the rules be suspended, an emergency declared, and that Senate resolution No. 28 be adopted, which motion prevailed and the resolution was adopted.

Senate resolution No. 29, by Senator Stavely, which follows, was introduced, read, and laid over one day, under the rules:

In the matter of the contest wherein N. A. Yeager is contestor and Granville P. Aikman is contestee:

Resolved by the Senate of the State of Kansas, That in the matter of the contest of N. A. Yeager, contestor, vs. G. P. Aikman, contestee, that no subpoenas be issued under Senate resolution No. 20, and if any have been issued and not yet served that they be recalled, and no further proceedings be had under said resolution until the said contestor, N. A. Yeager, shall set out more definitely, specifically and with more certainty the reasons for said contest, in such way and under such rules and regulations as the Committee on Elections may hereinafter prescribe.

The president of the Senate laid before the Senate the return of Guy A. Swallow, sergeant-at-arms of the Senate, of the service of notice upon Granville P. Aikman, in the case of N. A. Yeager, contestor, vs. G. P. Aikman, contestee, said notice having been served at the hour of 4:30 o'clock P. M., January 27, A. D. 1909. The return thus made was ordered filed for record with the secretary of the Senate.

CORRECTION AND APPROVAL OF THE JOURNAL.

On motion of Senator Quincy, the reading and correction for the preceding day was dispensed with and the Journal stood approved.

COMMITTEE OF THE WHOLE.

Senator Stewart moved that the Senate go into committee of the whole for the consideration of bills on the Calendar under the head of "General Orders." A vote being had, the motion prevailed.

The Senate went into committee of the whole, with Senator Ganse in the chair.

After some time spent therein the committee rose, and through the chairman submitted the following report:

MR. PRESIDENT: The committee of the whole Senate have had under consideration bills on the Calendar under the head of "General Orders," and I am directed to report progress and ask leave to sit again.

H. E. GANSE, Chairman.

On motion of Senator Ganse, the report of the committee of the whole was adopted.

Senator Myers moved that the Senate do now adjourn, which motion prevailed.

AFTERNOON SESSION.

SENATE CHAMBER, TOPEKA, Kan.,
January 28, 1909-2 P. M.

The Senate met pursuant to adjournment, the president in the chair.

The roll was called.

PRESENTATION OF PETITIONS.

Senator Brady introduced Senate petition No. 10, Relating to ex-Union soldiers, signed by J. O. Moore and others, which was read, and referred to the committee on Judiciary.

INTRODUCTION OF BILLS.

The following bills were introduced and read the first time: By Senator Brewster: Senate bill No. 338, An act relating to the taxation of the live stock of live-stock dealers and live-stock feeders.

Also (by request), Senate bill No. 339, An act to amend section 2, chapter 289, of the Session Laws of Kansas for 1907, entitled "An act to provide for improving the public highways by use of road-drags," and repealing said original section 2.

Also (by request), Senate bill No. 340, An act in relation to railroad companies, and providing penalties for violation of this act.

By Senator Bender: Senate bill No. 341, An act relating to disorganizing certain school districts and annexing the same to other districts in certain cases.

By Senator Murphy (by request): Senate bill No. 342, An act requiring distributors of gas to consumers by pipe-line to provide means for cutting off the supply of gas in the pipes outside of each building so supplied.

By Senator Moore: Senate bill No. 343, An act making an appropriation to the Concordia Normal School, a department of the Concordia Normal and Business College, of Concordia, Kan., for the purpose of developing a practical course in agriculture for the common schools of Kansas.

REPORTS OF STANDING COMMITTEES.

MR. PRESIDENT: Your Committee on Ways and Means, to whom was referred Senate bill No. 141, An act amending section 6, chapter 386, Laws of 1907, and making an appropriation therefor, 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 section 1, line 2, after the word "be," strike out the word "changed," and insert in lieu thereof the word "amended"; in section 2, line 4, after the word "of," strike out the words "fifteen thousand" and insert in lieu thereof the words "five thousand"; also, strike out the figures "$15,000" and insert in lieu thereof the figures "$5000"; also, in section 2, line 6, after the word "of," strike out the words "fifteen thousand" and the figures "$15,000," and insert in lieu thereof the words "two thousand" and the figures "$2000"; also, in section 2, line 7, after the word "and," strike out the words "fifteen thousand" and the figures "$15,000," and insert in lieu thereof the words "two thousand" and the figures "$2000"; in section 2, line 9, strike out the words "the Executive Council of the state of Kansas. shall"; in section 2, line 10,' after the word "commission," insert "it shall be found by said commission"; in section 2, line 10, after the word "commission," strike out the word "find"; in section 4, line 2, after the word "its," strike out the words "passage and." And your committee further recommend that the title of said act be amended to read as follows:

An act to amend section 6 of chapter 386 of the Session Laws of 1907, relating to the protection of horticultural and agricultural interests and the Entomological Commission, and to repeal said original section 6 of said chapter 386, and making appropriations to carry out the provisions of said original act to which this act is amendatory.

And your committee further recommend that said bill be passed as amended. CHAS. S. HUFFMAN, Chairman.

MR. PRESIDENT: Your Committee on Cities of the Second and Third Class, to whom was referred Senate bill No. 52, An act relating to cities of the second class, and repealing chapter 123 of the Laws of Kansas of 1907, and all other acts and parts of acts inconsistent and in conflict with this act, in so far as the same relates to cities of the second class which adopt the provisions of this act hereinafter provided for, have had the same under consideration, and the majority of the committee instruct me to report the bill back to the Senate with the recommendation that all after the enacting clause be stricken out and the enclosed substitute be passed. FRED H. QUINCY, Chairman.

MR. PRESIDENT: Your Committee on Temperance and Hygiene, to whom was referred Senate bill No. 140, An act defining grades and qualities of wheat flour, providing for branding of wheat flour and labeling the packages, sacks or containers of wheat flour, and filing statements with the secretary of the State Board of Health, 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 amended as follows: In section 5, after the words "offered for sale," add the words "by such person, persons or corporation." And that it be passed as amended. J. A. MILLIGAN, Chairman.