MR. PRESIDENT: Your Committee on Fees, Salaries and Mileage beg leave to report that the members of the Senate and the president thereof are entitled to mileage as follows:

On motion of Senator Brown, the report of the Committee on Fees, Salaries and Mileage was adopted.

INTRODUCTION OF ORIGINAL MOTIONS AND RESOLUTIONS. Upon the request of Senator Huffman, all members of the Ways and Means Committee desiring to visit the State University on January 29, 1909, were excused.

Upon his own request, Senator Brady was excused from attendance in the Senate on January 29, 1909.

CONSIDERATION OF MOTIONS AND RESOLUTIONS.

House concurrent resolution No. 7, Relating to election of United States senators, was read the second time and referred to the Committee on Federal Relations.

House concurrent resolution No. 10, Relating to the placing of the physical valuation on all railroads of this country, was read the second time and referred to the Committee on Railroads.

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 as follows:

Recommend that Senate bill No. 134, An act concerning weights and measures and the regulations thereof, and to repeal an act entitled "An act regulating weights and measures," approved March 2, 1868, and as

amended by chapter 167 of the Laws of 1886 and chapter 208 of the Laws of 1877 and chapter 280 of the Laws of 1897, and being sections 7920 to 7931, both inclusive, of chapter 116 of the General Statutes of Kansas of 1901, and to provide for damages, fines and penalties of the violation thereof, and for the inspection of weights and measures and the enforcement thereof by the State Board of Health, and to provide a rule of evidence, and to provide for certain fees and compensation, be amended as follows: In lines 9 and 10, section 15, the word "therefore" be stricken out and word "thereof" be inserted in lieu thereof. Section 30, line 2, the "s" be stricken from word "drugs." In section 31, line 10, after word "repealed," the words "such statutes" be inserted. That section 32 be stricken out and section 33 numbered section 32. In section 15, that lines 21, 22, 23 and 24 to period be stricken out, and that words "and" and "also," in line 24, section 15, be stricken out. And that bill be passed as amended.

Also, that Senate bill No. 194, An act amending section 8 of chapter 37 of the Session Laws of 1872, said chapter being an act entitled "An act for the encouragement of agriculture," and repealing said section 8, be amended as follows: That the words "a sum" be inserted at beginning of line 17, in section 1. In lines 8 and 10, section 1, the word "their" be changed to "its." In line 22 of section 1, after word "county," be added the following: "provided, that in no case shall any county pay to any fair society any sum greater in amount than one-half of the amount of premiums paid on agricultural and live-stock exhibits owned or produced within such county separate and distinct from purses or stakes of such association. Said board of county commissioners shall require a verified statement of the expenditure of all such money." And that it be passed as amended. H. E. GANSE, Chairman.

On motion of Senator Ganse the report was adopted.

COMMUNICATIONS FROM STATE OFFICERS.

The following communication from the auditor of state was read, and referred to the Committee on Ways and Means:

TOPEKA, January 28, 1909.

Hon. W. J. Fitzgerald, Lieutenant-governor, Topeka, Kan.: DEAR SIR-I beg to call your attention to a matter pertaining to our state finances which I consider of very serious moment.

The facts are that the Legislature two years ago failed to provide for sufficient revenue to pay the expenses of the state and take care of the enormous appropriations made by that Legislature. The result is, that in my humble judgment the state treasurer will be stamping warrants "Not paid for want of funds" in October, and possibly in September, of this year.

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We had on hand on the first day of December, 1908, in the general revenue fund, about $10,000, not including the amount tied up in the defunct First National Bank of Topeka. At that time practically all of the 1907 taxes had been paid into the state treasury. We have already drawn out of the county treasuries $662,000 of the 1908 taxes, and this $662,000 will not more than pay the expenses of the state up to February 1. Now this leaves us a balance in the hands of the county treasuries, of the tax of 1908, of $1,540,000. I estimate the fees that will be received from various sources, and available to pay current expenses up to October 1, will aggregate $400,000, so that we will have available cash, with which to pay current expenses up to October 1, about $1,940,000. Now I estimate that the expenses of the state for the months of February to September, inclusive, will average $300,000 per month. I base this estimate on the amount of buildings in process of construction, the ordinary current expenses of the state, and the additional expenses liable to be incurred by this Legislature in the way of deficiency appropriations and appropria

tions becoming available at once. So that between now and October 1 we will have expenses aggregating $2,400,000, and only $1,940,000 cash available to pay it.

I feel perfectly safe, therefore, in advising you that the state treasurer will be stamping warrants "Not paid for want of funds" not later than October, and possibly in September, of this year.

Very truly yours,

JAMES M. NATION, Auditor of State.

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

FOURTEENTH DAY.

SENATE CHAMBER, TOPEKA, KAN.,
January 29, 1909-10 A. M.

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

The roll was called.

Absent by leave: Senators Brady, Brewster, Huffman, Lower, Moore, and Reed.

Invocation by the chaplain.

INTRODUCTION OF BILLS.

The following bills were introduced and read the first time: By Senator Milton: Senate bill No. 344, 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.

Also, Senate bill No. 345, An act relating to district courts and courts of common pleas in counties having more than 100,000 inhabitants.

By Senator Hodges: Senate bill No. 346, An act requiring railroad companies to fill, block and guard frogs, switches and guard-rails, for the protection of its employees and others, and providing penalties for the violation thereof.

By Senator Travis: Senate bill No. 347, An act establishing a bureau of vital statistics in the office of the State Board of' Health and providing for the immediate reporting and registration of all' births, deaths, marriages, divorce, and contagious or dangerous diseases, by means of reports, certificates and burial or removal permits, to the bureau of vital statistics hereby established, and to insure a thorough organization and efficiency of the reporting and registration of vital statistics throughout the state, and providing for the necessary officers of said bureau, and providing for the proper fees and providing certain penalties and making appropriation for the establishment of said bureau.

Also, Senate bill No. 348, An act to amend section 575 of article 1, chapter 16, of the General Statutes of Kansas of 1901. Also, Senate bill No. 349, An act fixing the salaries of the commissioner of the Bureau of Labor and Industry and assistants, and creating a state factory inspector, and providing for the appointment of deputies and assistants in said bureau, and prescribing their duties and fixing the salary of certain officers named therein, and repealing chapter 401, Session Laws of 1907.

Also, Senate bill No. 350, An act to amend sections 4039,

4043 and 4049 of the General Statutes of Kansas, 1901, and section 10 of chapter 303 of the Session Laws of 1905, relating to the organized militia of the state of Kansas, and repealing said original sections 4039, 4043 and 4049 of the General Statutes of Kansas, 1901, and section 10 of chapter 303 of the Session Laws of 1905, and all acts and parts of acts in conflict herewith.

Also, Senate bill No. 351, An act in relation to accidents and requiring the same to be reported to the factory inspector, requiring investigation thereof, and providing penalties for the violation of this act.

Also, Senate bill No. 352, An act vacating certain portions of the city of Savonburg, Allen county, Kansas.

By Senator Stannard: Senate bill No. 353, An act amending sections 8, 10 and 13 of chapter 388 of the Session Laws of Kansas, 1907, and repealing said original sections 8, 10 and 13; also amending sections 1 and 3 of chapter 74 of the Session Laws of Kansas of 1908, and repealing said original sections 1 and 3.

By Senator Hamilton: Senate bill No. 354, An act conferring upon women the right to vote for presidential electors.

Also, Senate bill No. 355, An act fixing the salaries and providing for clerk hire of county officers of the state of Kansas, prescribing the fees to be collected by such county officers and defining the duties of certain officers in relation thereto, and repealing sections 3024, 3025, 3026, 3027, 3029, 3030, 3031, 3032, 3033, 3034 and 3035 of the General Statutes of Kansas of 1901, and section 1 of chapter 229 of the Session Laws of 1905, and sections 1 and 2 of chapter 227 of the Session Laws of 1905, and all acts and parts of acts in conflict herewith.

SECOND READING AND REFERENCE OF BILLS.

The following bills were read the second time and referred, as follows:

Ways and Means:

Senate bill No. 322, An act making appropriation to aid, support and maintenance of the schools in district No. 75, located at Lansing, Leavenworth county, Kansas, for the fiscal years ending June 30, 1910, and June 30, 1911.

Senate bill No. 327, An act making an appropriation to the St. Joseph's Hospital, in the city of Concordia, in the state of Kansas.

Whole Senate:

Senate bill No. 323, An act to provide for the assessment of taxes on the property of telegraph, telephone and pipe-line companies; defining what constitutes such companies; requiring annual reports, and providing a penalty for neglect or refusal to make the same, and repealing chapter 502, Laws of 1905, and chapter 81, Laws of 1908, and repealing all acts or parts of acts inconsistent herewith.