way on his section when conditions are favorable for such work. The township board shall provide such drag for each section, which shall be shod with steel blades, and not be less than seven feet in length. Said board shall divide such roads as require, by reason of travel and grade width, more than one trip with drag. For the purpose of this act a trip shall be the dragging of the entire length of a section and return. The township board shall designate what portion of the road shall be single-trip and what portion shall be double-trip:

SEC. 2. In the selection and appointment of a dragman, the residents abutting their section shall the preference; provided, the township board may remove the dragman from his position on account of ineffectual work and make another appointment for s id section at any time.

SEC. 3. Compensation for a single-trip road shall be at the rate of fifty cents per mile, with a maximum expenditure of five dollars per mile for any one year, and for doubletrip roads at the rate of seventy-five cents per mile, with a maximum of seven dollars and fifty cents per mile for any one year.

SEC. 4. All acts and parts of acts conflicting herewith are hereby repealed. SEC. 5. This act shall be in force and take effect after its publication in the official state paper.

And that it be passed as amended.

OSCAR FAGERBERG, Chairman.

MR. PRESIDENT: Your Committee on Judiciary, to whom was referred 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 salaries of certain officers named therein, and repealing chapter 401, Session Laws of 1907, 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. 495, An act amending section 1 of chapter 198 of the Session Laws of 1907, being "An act construing the meaning of the term 'resident taxpayer' and the phrase 'taxpayer residing within the boundaries of any district or territory,'” and repealing said original section 1 of chapter 198, and recommend that it be passed.

Also, Senate bill No. 388, An act to amend section 1 of chapter 156 of the Session Laws of 1905, being "An act providing for the appropriation of lands for the use of foreign municipal corporations owning a water plant and having some part thereof in the state of Kansas," and recommend that it be passed.

Also, Senate bill No. 170, An act relating to legislative committees on claims and accounts, conferring certain powers and duties thereon, and prescribing punishment for violation of this act, and recommend that it be not passed.

Also, Senate bill No. 357, An act relating to the outstanding bonded debt of Leavenworth county maturing in the year 1909, providing for the issue of county warrants to create a redemption fund for such bonds and the levy of a tax to pay the same, and providing penalties for the violation of the provisions of this act, and recommend that the following bill be substituted and passed.

Also, Senate bill No. 285, An act making it a misdemeanor for any state, county, township or city officer to fail to cause publication to be made of any matter or information required by law to be published by such officer, and providing punishment therefor, and repealing all acts and parts of acts in conflict with this act, and recommend that it be not passed.

Also, Senate bill No. 272, An act concerning intoxicating liquors, and amending and supplemental to sections 2452, 2455, 2456, 2459, 2488 and 2489 of the General Statutes of 1901, and amending chapter 339 of the Laws of 1903, and repealing said sections 2452, 2455, 2456, 2459, 2488 and 2489 of the General Statutes of 1901, and repealing chapter 339 of the Laws of 1903, and recommend that it be not passed.

Also, Senate bill No. 297, An act to repeal an act relating to wages earned out of the state, and recommend that it be not passed.

Also, 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, and recommend that it be not passed.

Also, Senate bill No. 302, An act providing for a county counselor in ·

counties now or hereafter having a population of over 75,000 inhabitants, and recommend that it be not passed.

Also, Senate bill No. 396, An act providing for the procuring of sites for, and the erection of, monuments to the memory of the Union soldiers and sailors of the United States, and authorizing the levy and collection of a tax for said purposes, and recommend that it be not passed.

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, and recommend that it be not passed.

Also, Senate bill No. 370, An act concerning drainage, and to prevent conflict between drainage districts, levees and drainage works, and recommend that it be not passed.

Also, House bill No. 250, An act relating to legislative committees on claims and accounts, conferring certain powers and duties thereon, and prescribing punishment for the violation of this act, and recommend that it be amended as follows: In line 7 strike out the words "and a stenographer" and substitute the words "who shall be a stenographer," and at the end of section 1 strike out the word "stenographer" and substitute therefor the words "clerk who shall be a stenographer," and passed as amended.

Also, Senate bill No. 494, An act to amend sections 3 and 6 of chapter 215, Session Laws of Kansas, 1905, being an act entitled "An act in relation to natural watercourses; providing for the protection, control, deepening, widening, removing obstructions from, changing, règulating, establishing and maintaining the channels thereof, the construction, maintenance and repair of levees along the same to prevent overflow and the raising or elevation of railroad tracks and public highways that interfere with the construction and maintenance of such levees; the construction and regulation of drains and other works conducive to the public health, convenience and welfare in districts subject to overflow, and to these ends providing for and authorizing the organization of public corporations to be known as drainage districts, and prescribing the duties and defining the powers of such public corporations," and repealing said original sections 3 and 6 of chapter 215 of the Session Laws of 1905, and recommend that it be passed. FRANCIS C. PRICE, Chairman.

Substitute for Senate bill No. 357 was read the first time.

MESSAGE FROM THE HOUSE.

The following message from the House was received and read:

MR. PRESIDENT: I am directed by the House to inform the Senate that the House has amended, and passed as amended, Senate bill No. 155, An act making an appropriation to pay for storing and properly displaying the records, relios, etc., of individuals, etc., who fought in the war for the Union, in the Grand Army museum, and to pay for publication of the reports of the department commander of the Grand Army of the Republic to the governor.

Also, passed House bill No. 324, An act amending section 25, article 3, chapter 28, of the General Statutes of 1901, fixing the terms of the dis-. trict court of the twelfth judicial district.

Also, passed House bill No. 360, An act to amend chapter 389 of the Session Laws of 1905, relating to courses of study in county high schools. Also, passed House bill No. 401, An act providing for reports to the state superintendent of public instruction.

Also, passed House bill No. 443, An act to amend chapter 325 of the Session Laws of 1907, authorizing the establishment of free kindergartens, and repealing said original chapter.

Also, passed House bill No. 202, An act providing for the removal and care of the remains of deceased ex-soldiers of the Civil War of 1861-'65.

Also, has adopted House concurrent resolution No. 25, Relating to a tariff on zinc ore.

The same are herewith transmitted.

C. H. BRILHART, Assistant Chief Clerk. The above House bills and resolution were thereupon read the first time.

COMMITTEE OF THE WHOLE.

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

The Senate went into committee of the whole, with Senator Stewart 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 "Special Orders," and other bills, and I am directed to report as follows:

amending_sections

Recommend that substitute for House bill No. 259, An act concerning intoxicating liquors, and amending sections 2451, 2457, 2458, 2460 and 2479 of the General Statutes of Kansas, 1901, and repealing sections 2452, 2454, 2455, 2456, 2459, 2461, 2469, 2477, 2478, 2480, 2487, 2488, 2489 and 2490 of the General Statutes of Kansas, 1901, and chapter 339 of the Session Laws of 1903, and repealing said original sections 2451, 2457, 2458, 2460 and 2479 of the General Statutes of Kansas, 1901, be amended as follows: Insert after section 5 the following:

SEC. 6. If a county attorney, attorney-general or assistant attorney-general of any county shall be notified by any officer or other person, or shall have knowledge of any violation of any of the provisions of the laws of this state relating to intoxicating liquors, it shall be his duty forthwith diligently to inquire into the facts of such violation; and for that purpose he is hereby authorized to issue subpoenas for such persons as he shall have any reason to believe have any information concerning or knowledge of such violation to appear before him at a time and place to be designated in a subpoena, then and there to testify concerning any violation of any of the provisions of such laws; or said county attorney, attorney-general or assistant attorney-general may file with some justice of the peace of the county a written statement signed by such county attorney, attorneygeneral or assistant attorney-general, alleging any violations of the laws of this state relating to intoxicating liquors, and such justice of the peace shall then, on the written præcipe of the county attorney, attorney-general or assistant attorney-general of such county, issue a subpoena for the witnesses named in such præcipe, commanding such witnesses to be and appear before such justice of the peace at the time designated in such subpoena, to testify concerning any violations of the provisions of said laws. Such subpoenas may be served by the sheriff or any constable of the county, or by any other person who is a citizen of the county, and shall be served and returned to such county attorney, attorney-general or assistant attorney-general or the justice of the peace, in the same manner that subpoenas are served and returned when issued by justices of the peace. Each witness shall be sworn true answers to make to all questions propounded to him touching the matters under investigation, and the testimony of each witness shall be reduced to writing and be signed by the witness. For the purpose of this act the county attorney, attorney-general or assistant attorney-general are authorized and empowered to administer oath and affirmations to such witnesses. Any disobedience to the subpoena of the county attorney, attorney-general or assistant attorney-general, or any refusal to be sworn as a witness or to sign the testimony given by him, or any refusal to answer any proper question propounded by the county attorney, attorney general or assistant attorney-general in such inquiry before said county attorney, attorney-general or assistant attorney-general, shall be a misdemeanor, and shall be punished by a fine of not more than three hundred dollars or by imprisonment in the county jail for not more than ninety days, or by both such fine and imprisonment. Justices of the peace, when acting under the provisions of this act, shall have power to adjourn such proceedings from time to time and to punish any witness for contempt for or on account of his refusal to be sworn or to answer questions as a witness, or to sign his testimony, and the attendance of witnesses may be by such justice of the peace compelled by attachment. If the testimony as so taken shall disclose the fact that an offense has been committed, the county attorney, attorney-general or assistant attorney-general shall prosecute the person or persons committing such offense, and may file such testimony, together with his complaint or information, against the person or persons having committed the offense, in some court of competent jurisdiction; and such testimony,

1

together with the information and complaint of the county attorney, attorney-general or assistant attorney-general, when verified by him on information and belief, shall have the same effect as if such information or complaint had been verified positively; and thereupon a warrant shall be issued for the arrest of the person or persons named in such complaint, as in other criminal cases.

SEC. 7. No person shall be excused from testifying in any action or proceeding under any law of this state relating to intoxicating liquors in any court or before any county attorney, attorney-general or any assistant attorney-general, or before any justice of the peace or police judge, on the ground that his testimony may incriminate him; but no person shall be prosecuted or punished on account of any transaction or matter or thing concerning which he shall be compelled to testify, nor shall such testimony be used against him in any prosecution for any crime or misdemeanor under the laws of this state.

SEC. 8. Upon its being shown to any court or judge thereof that any injunction granted by such court or judge under the provisions of chapter 338 of the Laws of 1903 is being violated, such court or judge may make an order commanding forthwith the enforcement of such injunction by such measures and means as in the judgment of the judge or court may be necessary to prevent further violation of such injunction.

Also, renumber sections 6 and 7 as sections 9 and 10, and that it be passed as amended.

That substitute for Senate bill No. 84, An act amending sections 415, 418 and 464 of the General Statutes of Kansas of 1901, relating to banks and banking, and repealing such original sections 415, 418 and 464, be amended as follows: Insert after word "director," in line 26, section 1, the words "or cashier." After the word "bank," line 12, section 2, insert "except when approved by the bank commissioner." And that it be passed as amended.

That House bill No. 47, An act prohibiting the sale of any fruit-tree or fruit-trees of a certain kind, variety or description and the delivery thereafter with the intent to deceive to the purchaser of a fruit-tree or fruit-trees of a different kind, variety or description, and providing penalties for the violation thereof, and prescribing the time within which prosecutions under this act may be commenced, be passed.

That House bill No. 79, An act amending section 6, chapter 386, Laws of 1907, and making appropriation therefor, be passed over and retain its place on the Calendar.

That Senate bill No. 146, An act to provide for better protection of people who assemble in public halls, hotels or public houses of entertainment, lodgings, tenement-houses and other public places, and appointing a state superintendent of inspection, and repealing certain laws, be passed over and retain its place on the Calendar.

That the enacting clause be stricken out of Senate bill No. 263, An act for the protection of quail.

That Senate bill No. 241, An act creating the office of state veterinarian, and designating who shall be the state veterinarian, be passed.

That Senate bill No. 382, An act concerning assessment and taxation, and amending sections 9, 29, 30, 31, 77, 80, 87, of chapter 34, Laws of 1876, and amending section 1, chapter 40, Laws of 1877, and amending also sections 34, 37 and 38 of chapter 408, Laws of 1907, and repealing original sections 9, 29, 30, 31, 33, 34, 35, 36, 37, 38, 77, 80 and 87 of chapter 34, Laws of 1876, and repealing original section 1, chapter 40, Laws of 1877, and repealing also sections 34, 37 and 38 of chapter 408, Laws of 1907, and all acts and parts of acts in conflict with the provisions of this chapter, be amended as follows: Strike out the words "in the preceding section" in lines 6 and 7, section 9, and insert in lieu thereof the words "by law." Strike out "Board of Railroad Assessors" in line 3, section 5, and insert the words "Tax Commission." That the bill be passed as amended.

That Senate bill No. 383, An act to provide for the assessment and taxation of the property of car companies, mercantile and other companies or corporations, other than railroad companies operating a line of railroad, and of individuals or firms owning passenger, freight or other cars operated through or into the state of Kansas, and repealing chapter 500 of the Laws of 1905 and all acts and parts of acts in conflict with this act, be amended by striking out the words "Board of Railroad As

sessors" in lines 11, 26, 27, 29, and the word "board" in line 22 of section 2, and the word "board" in line 4, section 4, and insert in lieu thereof the words "Tax Commission"; and that sections 4, 5 and 6 be renumbered 3, 4 and 5, and that the bill be passed as amended.

That 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, be passed over and retain its place on the Calendar.

That Senate bill No. 11, An act providing for the improvement of country roads in the state of Kansas, be amended by striking out the word "therefor" in line 6, section 3, and insert the word "thereof." That section 5 be stricken from the bill and the committee amendment inserted. That the words "five dollars" be stricken from the committee amendment and the words "three dollars" be inserted in lieu thereof. That the following be inserted as section 7:

SEC. 7. Wherever in the judgment of the county commissioners any part of said road is of general importance to the county, or if by reason of sand, creeks or other reasons, which would cause an unusual expense, the commissioners may make an order to that effect and pay for such part of the road out of the general fund of the county.

That the following be inserted as section 10:

SEC. 10. The provisions of this act shall not apply to the construction and improvements of roads costing less than one thousand dollars per mile.

That the sections after section 6 be renumbered, and that the bill be passed as amended, subject to amendment and debate.

J. H. STEWART, Chairman.

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

THIRD READING OF BILLS.

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 third time, and the question being, Shall the bill pass? the roll was called, with the following result: Yeas 39, nays 0; absent or not voting, 1.

Senators voting in favor of the passage of the bill were: Anderson, Avery, Bender, Brady, Brewster, Brown, Cambern, Carey, Chapman, Cooke, Denton, 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.

Senator Fagerberg was absent.

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

By unanimous consent, Senator Price moved that the rules be suspended, that substitute for House bill No. 259 be considered engrossed, that an emergency be declared, and that the bill be placed on third reading, which motion prevailed.

The bill was thereupon read the third time, and the question being, Shall the bill pass? the roll was called, with the following result: Yeas 36, nays 1; absent or not voting, 3.