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bill back to the Senate with the recommendation that it be amended by striking out section 1 and inserting the following in its place:
SECTION 1. That any city of the third class may fund any of its present outstanding floating indebtedness which has been created since January 1, 1905, for the purpose of internal improvements, regardless of all other limitations upon municipal indebtedness, by the issue of funding bonds for the redemption of the orders, warrants and scrip of such city issued since January 1, 1905; provided, however, that no bonds shall be issued under the provisions of this act until the proposition to fund such indebtedness shall have received a majority of the votes cast on such proposition at a city election to be called for that purpose ; and provided further, that no bonds shall be valid under this act unless issued before July 1, 1909.
And that it be passed as amended.
Also, Senate bill No. 132, An act relating to the control and operation of water-works, power, fuel and lighting plants in cities of the third class, etc., and recommend that it be amended as follows, and passed as amended: That the term of service, as stated in section 2, for the first commissioner, be made to read: “shall expire in one year"; for the second commissioner, “shall expire in two years"; for the third commissioner, “shall expire in three years."
FRED H. QUINCY, Chairman.
MR. PRESIDENT: Your Committee on Roads and Bridges, to whom was referred 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, 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. 11, An act providing for the improvement of country roads in the state of Kansas, and recommend that it be amended as follows: That section 5 be stricken out and the following inserted in lieu thereof:
SEC. 5. The said county commissioners shall keep and file with the county clerk a complete record of their proceedings hereunder, and shall appoint a qualified person as superintendent to oversee and direct the work done hereunder, who shall receive as compensation therefor a sum not exceeding five 'dollars per day for the time actually employed in overseeing such work, such claim or account to be presented, duly verified under oath, as other claims against the county, and shall be paid from the general fund of the county.
Also, that section 10 be added to the bill, as follows:
SEC. 10. The provisions of this act shall not apply to the construction or improvement of roads costing less than one thousand dollars per mile. And that the bill be passed as amended.
OSCAR FAGERBERG, Chairman. MR. PRESIDENT: Your Committee on Live Stock, to whom was referred Senate bill No. 44, An act to provide for a tax upon dogs, and to create a fund for the payment of certain damages for sheep killed or wounded by them in certain cases, have had the same under consideration, and instruct me to report the bill back to the Senate with the recommendation that all following the enacting clause be stricken out and the following be substituted therefor:
SECTION 1. That in all the townships and wards in the cities of this state there shall be levied a tax by the assessors of each township or precinct, one dollar per head upon all dogs over six months of age which are in said assessor's township or precinct at the time of the enrolment of property for taxation each year, and this tax shall be levied and collected within the time and through the same agency that all county taxes are levied and collected. And the money so levied and collected shall be kept by the county treasurer of each county where collected as a special fund to be paid out by him as ordered by the board of county commissioners for the following purposes, to wit: (a) To pay the owner of sheep one-half of the damage done by dogs to his flock, upon satisfactory proof to the county. commissioners of the amount of damage done, and also that the injury to the flock was the work of dogs. (6) To pay a bounty of one dollar per head each wolf or coyote killed within the county. (c) To pay a bounty of ten cents upon each crow killed within the county. (d) To pay a bounty of five cents upon each pocket-gopher killed within the county. The above-mentioned bounties are to apply in addition to any' bounties already given for the destruction of the above-mentioned pests.
SEC. 2. Every person keeping or harboring a dog shall be deemed the owner thereof. And the assessor shall ascertain the owner of every dog within his territory, and for this purpose may examine under oath any person or persons he thinks proper.
SEC. 3. At any regular session of the county commissioners any person claiming bounty under this act may present the heads or scalps of the pests mentioned herein, and by parole testiraony prove to the satisfaction of the county commissioners that said pests were killed within the boundaries of the county where the bounty is claimed ; also, persons damaged by the killing or injury of sheep may present a detailed account of the county wherein said injury done, verified by affidavit, to the commissioners of the county wherein said injury was done. Said commissioners may hear such claims in the order of their filing, and allow the same under the terms and conditions of this act, and they shall allow the payment thereof out of the fund created by the per capita tax on dogs at the first regular meeting of the commissioners after the first day of January each year.
The county commissioners may, at their discretion, designate the county clerk to require affidavit and receive any other evidence they may require, and file same for their consideration at the time hereinbefore specified, and destroy such parts of animals as are offered in evidence of such claim by burning. If such fund is insufficient to pay in full all such claims that have been allowed, then they shall be paid pro rata. And if after paying all such claims in full at the time above specified there should remain a balance, it shall be transferred by said commissioners to the school fund and used for the benefit of the common schools of the county.
Sec. 4. This act shall take effect and be in force on and after publication in the statute-book.
And that the bill be passed as amended. H. W. AVERY, Chairman.
* MR. PRESIDENT: Your Committee on Engrossed Bills, to whom was referred Senate bill No. 49, have compared the engrossed copy with the original bill, and instruct me to report the bill back to the Senate correctly engrossed.
R. T. FOWLER, Chairman. MR. PRESIDENT: Your Committee on Elections, to whom was referred Senate bill No. 214, An act to enable counties, townships and cities to purchase and use voting-machines at all general, special and primary elections; providing for the payment thereof; creating a Kansas State Voting-machine Commission and prescribing its compensation, duties and powers; establishing rules for the care and use of voting-machines; providing for election boards of three members in certain cases; repealing chapter 184 of the Session Laws of 1901, and all acts and parts of acts relating to the use of voting-machines, and suspending the operation of all laws and parts of laws when inconsistent with the provisions of this act, 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, in the matter of the contest in which N. A. Yeager is contestor and Granville P. Aikman is contestee, and in obedience to the action of the Senate taken in Senate resolution No. 25, have made the following requirements of the contestor, N. A. Yeager:
1. That the contestor state the facts whereby the returns in Salt Creek township, Chautauqua county, Kansas, were erroneous as he alleges, and describe the eighteen ballots therein rejected as erroneous; and state the specific facts as to the counting of one or more votes in said township for said Aikman which contestor alleges should have been counted for Yeager; and state the facts concerning the votes cast for contestor which he says were not counted for him; and state the facts concerning the votes which were counted as legal for contestee which were, as he alleges, not legal.
That the contestor state upon what grounds and for what reason the ballots alleged to have been rejected were so rejected.
3. That the contestor state with the same particularity as herein required with reference to Salt Creek township the facts concerning every precinct in every count upon which contestor relies, and that in each of said counts contestor is required to be definite
and certain in his statement of facts.
S. M. BREWSTER, Chairman.
On motion of Senator Brewster, the report of the Committee on Elections was adopted.
MESSAGE FROM THE HOUSE.
MR. PRESIDENT: I am directed by the House to inform the Senate that the House has passed 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. The same is herewith transmitted.
C. H. BRILHART, Assistant Chief Clerk.
MR. PRESIDENT: Your committee of conference on House bill No. 576, An act making an appropriation for legislative expenses, have had the same under consideration with the House conferees, and beg to report that we have been unable to agree.
CHAS. S. HUFFMAN,
On part of Senate.
On part of House.
INTRODUCTION OF ORIGINAL MOTIONS AND RESOLUTIONS.
Senate concurrent resolution No. 17, by Senator Carey, Relating to expression of gratitude to students of State Agricultural College, was introduced and read.
Senator Carey, by unanimous consent, moved that the resolution be considered at this time, which motion prevailed. On motion of Senator Carey, the resolution was adopted.
COMMITTEE OF THE WHOLE.
Senator Glenn 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 Leidy 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. 192, An act to amend section 31 of chapter 140 of the Session Laws of 1907, relating to private corporations, be passed.
That Senate bill No. 80, An act relating to liens for labor and material furnished to owners of leaseholds for oil and gas purposes and for materials and labor for the construction of oil and gas pipe-lines, be amended as follows: In section 5, line 2, after word "its” insert "publication in the official state paper" and strike out the words “passage and approval.” And that the bill be passed as amended.
That Senate bill No. 228, An act to amend section 6 of chapter 273 of the Session Laws of 1907, and repealing said original section 6, being an act to permit of the free transportation of chapel or church cars used exclusively for religious worship, be passed.
That 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, be passed.
That Senate bill No. 85, An act regulating banks and banking, and providing penalties for the violation thereof, be amended as follows: In section 2, line 4, the words "ninety days” be stricken out and words “six months” inserted in lieu thereof; and that it be passed as amended.
That 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, be amended as follows: In section 3, line 28, the words "prescribed by law for county commissioners'
services” be stricken out and words “of three dollars per day" be inserted in lieu thereof. In section 8, line 1, insert after word "council" the words "or board of commissioners." In section 1, line 27, after word “services" insert “of the Agricultural College or state veterinarian. In section 5, line 9, after word “compensation” insert "be fifty cents per hour.” That section 9 be stricken out and following sections renumbered. And that bill be passed as amended. FREMONT LEIDY, Chairman.
On motion of Senator Leidy, the report of the committee of the whole was adopted.
Senator Cooke moved that the Senate do now adjourn, which motion prevailed.
SENATE CHAMBER, TOPEKA, KAN.,
February 4, 1909–2 P. M. The Senate met pursuant to adjournment, the president in the chair.
The roll was called.
PRESENTATION OF PETITIONS.
Senate petition No. 22, by Senator Potter, Requesting the abolishing of the office of county assessor, signed by N. F. Patrick et al., from Morris county, was introduced, read, and referred to Committee on Assessment and Taxation.
Senate petition No. 23, by Senator Smith, Relating to good roads and the election of officers by the people, signed by. G. A. Wilson et al., from Richland township, Cowley county, was introduced, read, and referred to Committee on Roads and Bridges.
Senate petition No. 24, by Senator Smith, Relating to the office of county assessor, signed by W. N. Venable et al., from Cowley county, was introduced, read, and referred to Committee on Assessment and Taxation.
INTRODUCTION OF BILLS.
By Committee on Temperance and Hygiene: Senate bill No. 410, An act concerning intoxicating liquors.
Also, Senate bill No. 411, An act concerning non-intoxicating liquors containing alcohol.
Also, Senate bill No. 412, An act relating to intoxicating liquors.
By Senator Milton: Senate bill No. 413, An act relating to cities of the first class, and amending section 90 of chapter 122 of the Laws of 1903, 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 relate to cities of the first class," and repealing said section.
Also, Senate bill No. 414, An act to amend section 422 of article 18 of chapter 80 of the General Statutes of this state, . and to repeal said original section.
Also, Senate bill No. 415, An act to authorize and empower the mayor and council of the city of Argentine, Wyandotte county, Kansas, to open, grade and macadamize a certain street in the city of Argentine, known as East Ruby avenue, and to issue bonds against the city at large, in any sum not exceeding $20,000, and levy and collect tax for payment thereof.
Also (by request), Senate bill No. 416, An act empowering the county commissioners of Wyandotte county, Kansas, to improve and maintain a certain public highway in Quindaro township, in said county.
Also, Senate bill No. 417, An act to amend section 1 of chapter 341 of the Laws of 1905, entitled “An act to amend chapter 93 of the Laws of 1874, entitled 'An act to define the liability railroads in certain cases,' approved February 26, 1874," and to repeal said original act.
Also, Senate bill No. 418, An act to enable the counties of Wyandotte and Johnson, in the state of Kansas, to build and maintain a bridge across the Kansas river at Holliday, Kan., and to authorize the board of county commissioners of said named counties to levy sufficient taxes to pay for the building and keeping said bridge in repair.
By Senator Stewart: Senate bill No. 419, An act relating to primary elections in certain cities, amending section 3 of chapter 54, Session Laws of 1908, and repealing the original section.
By Senator Anderson: Senate bill No. 420, An act to instruct the senators and representatives of the Legislature of the state of Kansas as to the election of senators in Congress.
By Senator Potter: Senate bill No. 421, An act amending section 11, chapter 488, of Session Laws of Kansas of 1905, and repealing said original section.
By Senator Travis: Senate bill No. 422, An act prescribing what the minutes of the meetings of the various boards of county commissioners of the state of Kansas shall state.
Also, Senate bill No. 423, An act to amend section 1852 of the General Statutes of Kansas, 1901, and repealing said section 1852 of the General Statutes of 1901, and all acts or parts of acts in conflict herewith.
Also, Senate bill No. 424, An act to amend section 3041 of the General Statutes of Kansas, 1901, and repealing said section 3041 of the General Statutes of 1901.
REPORTS OF STANDING COMMITTEES.
MR. PRESIDENT: Your Committee on Enrolled Bills, to whom was referred Senate bill No. 159, have compared the engrossed copy with the enrolled bill, and I am directed to report to the Senate that the same is correctly enrolled, that it has been properly signed by the president and