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The chair announced the following standing committees for the Senate:

COMMITTEE ON JUDICIARY.-Senator Price, chairman; Senators Stavely, Brewster, Ganse, Reed, Hamilton, Glenn, Myers and Robertson. COMMITTEE ON ELECTIONS.—Senator Brewster, chairman; Senators Reed, Stavely, Hunter, and Robertson.

Upon motion of Senator Porter, the Senate adjourned.

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SECOND DAY.

MORNING SESSION.

SENATE CHAMBER, TOPEKA, Kan.,
January 13, 1909-10 o'clock A. M.

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

The roll was called.

Present: Senators 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, Reed, Robertson, Smith, Stannard, Stavely, Stewart, Stillings, and Travis.

Divine blessing was invoked by the chaplain.

INTRODUCTION OF BILLS.

The following bills were introduced and read for the first time:

By Senator Glenn: Senate bill No. 1, An act providing for the leasing of school-land.

Also, Senate bill No. 2, An act relating to improvements on school-lands, and providing for the collection of rent for such land.

Also, Senate bill No. 3, An act providing for the sale of school-lands, and repealing certain laws therein named.

Also, Senate bill No. 4, An act amending chapter 54, relating to primary elections.

Also, Senate bill No. 5, An act relating to landlords and tenants, and amending section 27, chapter 55, of the General Statutes of 1868.

Also, Senate bill No. 6, An act relating to the printing and distribution of primary and general election ballots, and amending chapter 229 of the Laws of 1903.

Also, Senate bill No. 7, An act amending section 50, chapter 25, of the General Statutes of 1868, relating to the duties of county clerk.

Also, Senate bill No. 8, An act extending the provision of chapter 285 of the Laws of 1907.

Also, Senate bill No. 9, An act amending section 1, chapter 10, of the Laws of 1891, relating to the duties of county treas

urer.

By Senator Myers: Senate bill No. 10, An act to repeal chapter 270 of the Session Laws of 1903, entitled “An act cre

ating and fixing the salaries of the under-sheriffs of Jefferson and Jackson counties, in the state of Kansas.'

By Senator Hodges: Senate bill No. 11, An act providing for the improvement of country roads in the state of Kansas. Also, Senate bill No. 12, An act relating to fire-insurance companies, prohibiting agreements and combinations to establish uniformity of rates, and providing penalties for violation thereof.

Also, Senate bill No. 13, An act providing for a juvenile court.

Also, Senate bill No. 14, An act concerning railroads, amending and repealing certain sections.

Also, Senate bill No. 15, An act providing for depositories in cities of the second class.

Also, Senate bill No. 16, An act relating to the conveyance of real estate.

Also, Senate bill No. 17, An act providing that in all cases in courts of record three-fourths of a jury may render a verdict, and repeal all acts or parts of acts in conflict herewith.

Also, Senate bill No. 18, An act providing for the consideration, comparatively, of negligence and contributory negligence in damage cases, and repealing all acts or parts of acts in conflict herewith.

Also, Senate bill No. 19, An act providing for the filing in probate court by claimant against estate of security for costs by bond, cash deposit, or, in lieu thereof, of affidavit, and providing for punishment for making false affidavit.

Also, Senate bill No. 20, An act providing for certain procedure in civil cases, where witness refuses or fails, through fault of adverse party to give depositions as provided by law.

By Senator Robertson: Senate bill No. 21, An act to provide for evidence of the existence of public highways in counties where the road records have been lost or destroyed.

By Senator Stannard: Senate bill No. 22, An act to establish a legislative department of the state library, and to provide for the drafting of bills for the members of the Legislature, and for the gathering and imparting of information relating to legislation in this and other states; to create the office of legislative reference librarian, and to provide for the appointment of a secretary and necessary clerical force, and making appropriations for the purposes of this act.

By Senator Glenn: Senate bill No. 23, An act providing a remedy for holders of tax deeds and their grantees by suit to quiet title, and providing for the recovery of liens against the real estate described in such deeds by the plaintiffs in such actions.

Also, Senate bill No. 24, An act relating to taxation, providing for the compromise and assignment of tax-sale certificates upon lands bid in by any county in this state, for the foreclosure of tax-sale certificates by the holders thereof, and re

pealing paragraphs 7672 and 7673 of the General Statutes of 1901.

Also, Senate bill No. 25, An act relating to school lands, providing for the issuance of patents therefor, the effect to be given to certificates of purchase thereof, the time within which actions are to be brought by the state to set aside such certificates of purchase and patents, and legalizing certain sales heretofore made of such lands.

By Senator Carey: Senate bill No. 26, An act to regulate and define the practice of optometry.

Also, Senate bill No. 27, An act creating a board of examiners and regulating teaching in business colleges, and providing a penalty for same.

Also, Senate bill No. 28, An act allowing school districts to issue bonds to pay outstanding warrants.

By Senator Stannard: Senate bill No. 29, An act to limit the issuance of stocks, bonds and other forms of indebtedness by railroad companies and other common carriers.

Senator Glenn moved that the rules be suspended and an emergency declared, and that Senate bill No. 3 be advanced to second reading, which motion prevailed. The bill was thereupon read the second time, and referred to the Committee on Judiciary.

Senator Stannard moved that the rules be suspended and an emergency declared, and that Senate bill No. 22 be advanced to second reading, which motion prevailed. The bill was thereupon read the second time, and referred to the Committee on Ways and Means.

At this juncture the president laid before the Senate what is purported to be contest papers in the case of William W. Caldwell, contestor, vs. William Moore, contestee, for the office of senator from the thirty-second senatorial district of Kansas, and also what is purported to be contest papers and evidence in the contest of James F. Getty, contestor, vs. T. A. Milton, contestee, for the office of senator from the fourth senatorial district of Kansas.

Upon motion of Senator Price, the documents were referred to the Committee on Elections.

INTRODUCTION OF RESOLUTIONS.

Senate resolution No. 11, which follows, was introduced by Senator Huffman:

Resolved, That an allowance of twenty dollars be made for each senator and the president of the Senate for postage.

The motion was adopted.

Senate resolution No. 12, which follows, was introduced by Senator Bender:

WHEREAS, In order to keep our colors flying during our hours of labor; therefore be it

RESOLVED, That T. T. Jones, formerly sergeant-major of the Twenty

third Kansas, be hereby appointed assistant sergeant-at-arms, with the duties of color-sergeant, to keep the flags flying over both branches of this body during this session.

The resolution was adopted.

Senate concurrent resolution No. 2, which follows, was introduced by Senator Myers:

For the submission of a proposition to amend section 5 of the bill of rights of the constitution of the state of Kansas, relating to trial by jury.

Resolved by the Legislature of the state of Kansas, two-thirds of the members elected to each house thereof concurring therein:

SECTION 1. The following proposition to amend the constitution of the state of Kansas is hereby submitted to the qualified electors of the state for their approval or rejection: That section 5 of the bill of rights be amended so as to read as follows: "Section 5. The right of trial by jury, as heretofore enjoyed, shall remain inviolate; but a jury for the trial of criminal or civil cases in courts not of record may consist of less than twelve men, as may be prescribed by law; and that a two-thirds majority of such number prescribed by law concurring may render a verdict in all civil cases; and that in the trial by jury. of all civil cases in courts of record three-fourths of the members of the jury concurring may render a verdict."

SEC. 2. This proposition shall be submitted to the electors of the state at the general election of representatives in the year 1910 for their approval or rejection. The amendment hereby proposed shall be designated on the official ballot by the following title: "The jury trial amendment to the constitution," and shall be voted for or against, as provided by law, under such title.

The resolution was laid over, under the rules.

Senate concurrent resolution No. 3, which follows, was introduced by Senator Myers:

For the submission of a proposition to amend section 8 of article 11 of the constitution of the state of Kansas, relating to finance and taxation.

Resolved by the Legislature of the State of Kansas, two-thirds of the members elected to each house thereof concurring therein:

SECTION 1. The following proposition to amend the constitution of the state of Kansas is hereby submitted to the qualified electors of the state for their approval or rejection: That section 8 of article 11 be amended so as to read as follows: "Section 8. The state shall never be a party in carrying on any works on internal improvement, except in the construction, building and repairing of public roads and highways."

SEC. 2. This proposition shall be submitted to the electors of the state at the general election of representatives in the year 1910 for their approval or rejection. The amendment hereby proposed shall be designated on the official ballot by the following title: "The public roads and highways amendment to the constitution," and shall be voted for or against, as provided by law, under such title.

The resolution was laid over, under the rules.
The Journal was then read and approved.

REPORTS OF SPECIAL COMMITTEES.

We, your special committee on Senate employees, submit the following report: We recommend the following-named persons as the employees of the Senate:

Assistant secretary: W. W. Stahl.