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Railroads:

Senate bill No. 405, An act requiring freight-trains to which a caboose is attached to transport and carry passengers, and providing penalties for the violation thereof, and repealing chapter 274 of the Laws of 1907.

Cities of the First Class:

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.

Elections:

Senate bill No. 419, An act relating to primary elections in certain cities, amending section 3 of chapter 54 of the Session Laws of 1908, and repealing the original section.

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.

Fees and Salaries:

Senate bill No. 421, An act amending section 11, chapter 488, of Session Laws of Kansas of 1905, and repealing said original section.

Senate bill No. 424, An act to amend section 3041 of the General Statutes of Kansas of 1901, and repealing said section 3041 of the General Statutes of 1901.

Whole Senate:

Substitute for Senate bill No. 281, An act to define legislative counsel and agents; to regulate the employment and registration of legislative counsel and agents, and prescribing penalties for the violation of the provisions of this act.

The chair laid before the Senate the amended notice of contest in the case of N. A. Yeager vs. G. P. Aikman; also the motion of the contestee to dismiss the proceedings, as follows: In the matter of the contest from the thirteenth judicial district, wherein N. A. Yeager is contestor and G. P. Aikman is contestee:

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Now comes the contestee, G. P. Aikman, by his attorneys, and moves this honorable body that said contest be dismissed, for the following reasons, to wit:

1. Said contestor, N. A. Yeager, has not in his amended notice of contest fulfilled the requirements commanded by Senate resolution No. 29. 2. The contestor has not complied with the rules laid down and prescribed by the Committee on Elections.

3. The contestor has not set out the reasons for said contest with that definiteness, particularity and certainty required.

4. The contestor has nowhere described the eighteen ballots alleged to have been thrown out in Salt Creek precinct, Chautauqua county, Kansas, as directed by the rules of the Committee on Elections.

5. The contestor has not described the ballots thrown out or alleged to have been improperly counted in any of the other ninety precincts in said judicial district.

6. There is no right 'conferred by statute upon any person to demand a contest or review of election returns based solely upon the fact that the successful candidate received only a small majority.

Wherefore, said contestee, G. P. Aikman, prays this honorable Senate that a day be set for hearing this motion and for determining same in the Senate, and for argument by his attorneys. H. C. SLUSS,

JOHN S. Dawsɔn,
E. D. MCKEEVER,

H. G. LARIMER,

Attorneys for G. P. Aikman, Contestee.

Senator Brewster moved that the consideration of the motion to dismiss be made a special order for Tuesday, February 9, 1909, at ten A. M.

Senator Ganse moved to substitute the following for the motion of Senator Brewster:

MOTION.

In the matter of the contest of N. A. Yeager, contestor, vs. Granville P. Aikman, contestee.

Move that the motion to dismiss the above contest be heard and determined by the Senate at 2:30 o'clock this afternoon, and that the attorneys for the respective parties be allowed twenty minutes on the side to present their arguments relative to said motion, the attorney for contestee using fifteen minutes for his opening argument, the attorney for contestor then using twenty minutes, and the attorney for contestee then closing in five minutes.

Senator Robertson moved to refer the motion to the Committee on Elections, which motion was lost.

Senator Brewster, by consent, withdrew his motion.
The motion of Senator Ganse prevailed.

MESSAGES FROM THE GOVERNOR.

The following messages from the governor were received and read:

EXECUTIVE Department, TOPEKA, KAN., January 29, 1909.

To the Senate: I respectfully advise the Senate that I have on the above date approved Senate bill No. 75.

W. R. STUBBS, Governor. EXECUTIVE DEPARTMENT, TOPEKA, KAN., February 5, 1909.

To the Senate: I respectfully advise the above date approved Senate bill No. 159.

Senate that I have on the
W. R. STUBBS, Governor.

The chair laid before the Senate the invitation of the alumni, faculty and students of the University of Kansas to visit the University on February 12, 1909.

REPORTS OF STANDING COMMITTEES.

MR. PRESIDENT: Your Committee on Engrossed Bills, to whom was referred Senate bill No. 52, 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 Military Affairs, to whom was referred 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, have had the same under consideration, and instruct me to report the bill back to the Senate with the recommendation that it be passed. D. M. BENDER, Chairman.

MR. PRESIDENT: Your Committee on Insurance, to whom was referred Senate bill No. 356, An act relating to the issuance and countersigning of insurance policies and surety bonds, 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, and passed as amended: In section 1, line 2, strike out the comma after the word "plate." In section 1, line 7, after the word "company's," insert the words "president or secretary." In section 1, line 7, after the words "general agent," insert the words "state agent or special agent." In section 1, line 7, after the word "be," strike out the word "a." In section 1, line 8, strike out the first word "resident,” and insert in lieu thereof the word "residents." In section 2, line 4, after the word "by," strike out the word “a” and insert in lieu thereof the words "the president or secretary." In section 2, line 4, after the words "general agent," insert the words "state agent or special agent.

Also, Senate bill No. 371, An act to regulate joint-stock life insurance companies now or hereafter organized under the laws of this state, and recommend that it be passed. G. L. CHAPMAN, Chairman.

THIRD READING OF BILLS.

Senate bill No. 192, An act to amend section 31 of chapter 140 of the Session Laws of 1907, relating to private corporations, was read the third time, and the question being, Shall the bill pass? the roll was called, with the following result: Yeas 30, nays 0; absent or not voting, 10.

Senators voting in favor of the passage of the bill were: Anderson, Avery, Brady, Brewster, Brown, Carey, Cooke, Denton, Fowler, Ganse, Glenn, Hamilton, Hostrup, Huffman, Hunter, Lower, Milligan, Milton, Moore, Myers, Overfield, Price, Quincy, Reed, Robertson, Smith, Stannard, Stavely, Stewart, and Stillings.

Senators absent or not voting were: Bender, Cambern, Chapman, Fagerberg, Hodges, Leidy, Murphy, Porter, Potter, and Travis.

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. 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, was read the third time, and the question being, Shall the bill pass? the roll was called, with the following result: Yeas 29, nays 0; absent or not voting, 11.

Senators voting in favor of the passage of the bill were: Anderson, Avery, Bender, Brady, Brewster, Brown, Carey,

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Cooke, Denton, Fowler, Ganse, Glenn, Hamilton, Huffman, Hunter, Lower, Milligan, Milton, Moore, Overfield, Price, Quincy, Reed, Robertson, Smith, Stavely, Stewart, Stillings, and Travis.

Senators absent or not voting were: Cambern, Chapman, Fagerberg, Hodges, Hostrup, Leidy, Murphy, Myers, Porter, Potter, and Stannard.

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. 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, was read the third time, and the question being, Shall the bill pass? the roll was called, with the following result: Yeas 29, nays 1; absent or not voting, 10.

Senators voting in favor of the passage of the bill were: Anderson, Avery, Bender, Brady, Brewster, Brown, Carey, Cooke, Denton, Fowler, Ganse, Hamilton, Hostrup, Huffman, Hunter, Lower, Milligan, Milton, Moore, Myers, Price, Quincy, Robertson, Smith, Stannard, Stavely, Stewart, Stillings, and Travis.

Senator Glenn voted in the negative.

Senators absent or not voting were: Cambern, Chapman, Fagerberg, Hodges, Leidy, Murphy, Overfield, Porter, 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.

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, was read the third time, and the question being, Shall the bill pass? the roll was called, with the following result: Yeas 31, nays 0; absent or not voting, 9.

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

Senators absent or not voting were: Brewster, Cambern, Chapman, Hodges, Leidy, Overfield, Porter, 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. 85, An act regulating banks and banking, and providing penalties for the violation thereof, was read the third time, and the question being, Shall the bill pass? the roll was called, with the following result: Yeas 29, nays 1; absent or not voting, 10.

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

Senator Fowler voted in the negative.

Senators absent or not voting were: Brewster, Cambern, Chapman, Hodges, Leidy, Milton, Murphy, Myers, Porter, 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. 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, was read the third time, and the question being, Shall the bill pass? the roll was called, with the following result: Yeas 26, nays 8; absent or not voting, 6.

Senators voting in favor of the passage of the bill were: Avery, Brady, Brown, Carey, Chapman, Cooke, Fowler, Ganse, Glenn, Hamilton, Hostrup, Huffman, Hunter, Lower, Milligan, Milton, Moore, Murphy, Myers, Price, Reed, Smith, Stannard, Stavely, Stillings, and Travis.

Senators voting in the negative were: Anderson, Bender, Fagerberg, Hodges, Leidy, Quincy, Robertson, and Stewart. Senators absent or not voting were: Brewster, Cambern, Denton, Overfield, Porter, 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. 248, An act pertaining to the detection of glanders in horses, asses and mules, 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, Brown, Carey, Chapman, Cooke, Denton, Fagerberg, Fowler, Ganse, Glenn, Hamilton, Hodges, Hostrup, Huffman, Hunter, Leidy, Lower, Milligan, Milton, Moore, Murphy, Myers, Overfield, Price, Quincy, Reed, Robertson, Smith, Stannard, Stavely, Stewart, and Stillings.

Senators absent or not voting were: Brewster, Cambern, Porter, Potter, and Travis.

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. 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

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