MR. PRESIDENT: Your Committee on Agriculture, to whom was referred Senate bill No. 433, An act to amend sections 8 and 11 of chapter 222 of the Session Laws of Kansas for 1907, entitled "An act in relation to the inspection, storing, weighing and grading of grain, and providing penalties for the violation of certain provisions therein, and to amend chapter 45 of the General Statutes of 1901 and chapters 325 and 326 of the Session Laws of 1903, and all other acts and parts of acts in conflict herewith," and to repeal said original sections 8 and 11 of said chapter 222 of the Laws of Kansas for 1907, have had the same under consideration, and instruct me to report the bill back to the Senate with the recommendation that it be passed. A. F. SMITH, Chairman.

MR. PRESIDENT: Your Committee on Elections, to whom was referred Senate bill No. 333, An act to amend section 3 of chapter 177 of the Session Laws of 1901, and repealing original section 3 of said act, 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. 4, An act amending chapter 54, relating to primary elections, and recommend that it be not passed.

Also, 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, and recommend that it be not passed.

Also, House bill No. 337, An act to amend sections 1 and 3 of chapter 54 of the Session Laws of the special session of 1908, relating to primary elections, and repealing said original sections 1 and 3, and recommend that it be passed.

Also, Senate bill No. 332, An act to amend section 5 of chapter 54 of the Session Laws of the special session of 1908, and recommend that it be not passed.

Also, Senate bill No. 354, An act conferring upon women the right to vote for presidential electors, and recommend that it be not passed. S. M. BREWSTER, Chairman.

MR. PRESIDENT: Your Committee on Education, to whom was referred House bill No. 702, An act to prevent the sale, distribution, or the having in possession of examination questions prior to the time that such questions are properly ready for distribution, and providing penalties for the violation thereof, have had the same under consideration, and instruct me to report the bill back to the Senate with the recommendation that section 2 be amended by striking out the word "five," in line 6, and inserting "one" in lieu thereof, and following the word "dollars" that all of the remainder of said section be stricken out; and that said bill be further amended by striking out all of section 4, and that section 5 be numbered section 4; and be passed as amended.

Also, Senate bill No. 343, An act making an appropriation to the Concordia Normal School, etc., and recommend that it be not passed.

Also, Senate bill No. 513, An act amending chapter 431 of the Session Laws of 1903, and pescribing a minimum term for district schools, and providing for state and county aid for districts which cannot support such terms, and recommend that it be not passed.

Also, Senate bill No. 379, An act to amend sections 6162, 6163, 6167, 6175, 6178 and 6179 of the General Statutes of 1901, relating to schooldistrict officers, and repealing the original sections 6168 and 6176 of the General Statutes of 1901, and recommend that it be not passed.

Also, Senate bill No. 466, An act to provide for testing the sight and hearing of pupils, and recommend that it be passed.

Also, Senate bill No. 112, An act defining the terms graded and ungraded schools, and repealing chapter 122 of the Session Laws of 1876 and chapter 331 of the Session Laws of 1907, and recommend that it be passed.

Also, Senate bill No. 496, An act creating a State School of Mines and Metallurgy, for the purpose of teaching the scientific knowledge of

mining and metallurgy in the state of Kansas, and providing for the maintenance of the same, and recommend that it be not passed. FREMONT LEIDY, Chairman.

MR. PRESIDENT: Your Committee on Engrossed Bills, to whom were referred Senate bills Nos. 336, 132, 114, 48, 284, 35, 123, 371, 125, and substitute for Senate bill No. 301, have compared the engrossed copies with the original bills, and instruct me to report the bills back to the Senate correctly engrossed. R. T. FOWLER, Chairman.

MR. PRESIDENT: Your Committee on Temperance and Hygiene, to whom was referred House bill No. 124, An act relating to public health and safety, and providing for the regulation and inspection of hotels and public lodging-houses, empowering the State Board of Health to make rules and regulations in relation thereto, and providing penalties for the violation thereof, have had the same under consideration, and instruct me to report the bill back to the Senate with the recommendation that it be passed as amended: In section 2, after the word "hall," strike out "and in each guest room"; also, after the word "halls," strike out "and rooms." After the word "high," insert the words "in each hall." In section 3, strike out the words "fifteen hundred" and insert the words "five thousand." In section 4, after the words "attached to," insert the words "window-frame." In section 5, after the word "sheathing," insert the words "brick or stone." In section 7, substitute "Each hotel shall hereafter provide each bed, bunk, or cot, or other sleeping-place for the use of guests, with clean sheets of sufficient width and length to reach the entire width and length of the bed, and the upper sheet to be of sufficient length to fold back over the bedding at the upper or head end of such bed, bunk, cot or other sleeping-place. After the word "each," strike out the word "transient." In section 11, after the word "dollars," strike out "or by the imprisonment in the county jail for not less than ten days nor more than three months, or both such fine and imprisonment." In section 14, after the word "act," strike out "without first paying the inspection fee," and after the word "and" insert "after." After the word "dollars," strike out "or be imprisoned in the county jail not less than ten days or more than ninety days, or by both such fine and imprisonment." Strike out section 15. In section 17, after the word "keep," insert the words "a record," and strike out the words "or cause to be kept an account of all fees received under this act."

J. A. MILLIGAN, Chairman.

MR. PRESIDENT: Your Committee on Elections, in the matter of the contest pending before the Senate of the state of Kansas in which James F. Getty is contestor and T. A. Milton is contestee, report that they have had said contest under consideration, and have had under consideration the motion of the contestee, T. A. Milton, to dismiss said contest, and after hearing said motion to dismiss your committee recommends that said motion to dismiss be sustained, and the contest now pending in the fourth senatorial district, in which James F. Getty is contestor and T. A. Milton contestee, be dismissed.

Your committee further recommend that the contestee, T. A. Milton, be allowed a reasonable attorney fee for his attorneys in said contest, said fee to be determined by the Committee on Ways and Means.

Respectfully submitted. S. M. BREWSTER, Chairman.

MR. PRESIDENT: Your Committee on Elections, in the matter of the contest pending before the Senate of the state of Kansas in which W. W. Caldwell is contestor and W. M. Moore is contestee, report that they have heard said contest, and upon a complete count of the votes cast in said senatorial district said committee finds that the contestor, W. W. Caldwell, received 3840 votes and the contestee, W. M. Moore, 3833 votes, giving a majority in favor of the contestor, W. W. Caldwell, of

seven votes, and your committee recommend that W. W. Caldwell be declared elected Senator from the thirty-second senatorial district of the state of Kansas.

Your committee further recommend that the contestee, W. M. Moore, be allowed his per diem and mileage during said session to the date of the adoption of the report, and that he be allowed his expenses and attorney fees incurred by him in said contest, and that said contestor, W. W. Caldwell, be allowed his attorney fees; said expenses and attorney fees to be determined by the Committee on Ways and Means.

Respectfully submitted. S. M. BREWSTER, S. M. BREWSTER, Chairman. Substitute for Senate bill No. 356 was read the first time. The report of the Committee on Elections on the contest case of Getty vs. Milton was adopted.

The report of the Committee on Elections on the contest case of Caldwell vs. Moore was adopted.

By unanimous consent, Senator Glenn moved that Senate bill No. 568 be stricken from the Calendar, which motion prevailed.

Senate resolution No. 33, by Senator Brewster, which follows, was introduced, read, and on motion of Senator Brewster and by unanimous consent, was adopted:

Resolved by the Senate, That W. W. Caldwell is the duly elected state senator from the thirty-second senatorial district of Kansas, and is entitled to his seat as such; that the said W. W. Caldwell is hereby seated as senator from the said thirty-second district, and authorized to take the oath as such senator.

By unanimous consent, Senator Cambern moved that Senate bill No. 549 be made a special order for next Thursday at 2: 15 P. M., which motion prevailed.

Senator Porter moved that the Senate adjourn until 7:30 P. M., which motion prevailed.

EVENING SESSION.

SENATE CHAMBER, TOPEKA, Kan.,
February 16, 1909-7:30 P. M.

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

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 Stavely 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 House bill No. 79, An act amending section 6, chapter 386, Laws of 1907, and making appropriation therefor, be amended by inserting the committee recommendations, and that the bill be passed as amended.

That Senate bills Nos. 146, 176 and 214 be passed over and retain their place on the Calendar.

That Senate bill No. 358, An act concerning railroads and other common carriers, and to amend section 16 of chapter 286 of the Session Laws of 1901, being section 5976 of the General Statutes of 1901, and to repeal said original section 16, be amended by striking out the word "statutes" in section 3 and inserting the words "statute-books.". Also, that the words "being section 5976 of the General Statutes of 1901," be inserted after the figures "1901" in section 2. And that the bill be passed as amended. That Senate bill No. 176, An act to amend section 1, chapter 318, of the Session Laws of 1907, and section 6191 of the General Statutes of 1901, be amended by striking out all after the first word "of" in line 3 of section 2, down to first word "the" in line 5, and inserting after word "to" in line 5 of section 2 the words "certify to." Also, change “June," in line 7, section 2, to "July." Also, that the words "and repealing said original section" be inserted at the end of the title. And that the bill be passed as amended.

That House bill No. 313, An act concerning high schools, be amended by inserting the committee recommendation, and passed as amended. That House bill No. 476, An act providing for the payment and distribution of taxes, be passed. J. H. STAVELY, Chairman.

On motion of Senator Stavely, the report was adopted. Senator Quincy moved that the Senate do now adjourn, which motion prevailed.

1

TWENTY-SIXTH DAY.

SENATE CHAMBER, TOPEKA, KaŃ.,
February 17, 1909—2 P. M.

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

The roll was called.

Absent: Senator Anderson.

On request of Senator Hodges, Senator Anderson was excused.

Invocation by the chaplain.

PRESENTATION OF PETITIONS.

Senate petition No. 35, by Senator Fagerburg, Relating to fraternal insurance, signed by F. J. Richardson et al., was read, and referred to Committee on Insurance.

Senate petition No. 36, by Senator Myers, Relating to sale of cigarettes, signed by F. W. Dixon et al., was read, and referred to Committee on Judiciary.

Senate petition No. 37, by Senator Myers, Relating to Sunday baseball, signed by F. W. Dixon et al., was read, and referred to Committee on Judiciary.

Senate petition No. 38, by Senator Brady, Relating to Senate bill No. 181, concerning Sunday baseball, signed by R. P. Simons et al., was read, and referred to Committee on Judiciary.

Senate petition No. 39, by Senator Glenn, Relating to fraternal orders, signed by C. S. Webster et al., was read, and referred to Committee on Insurance.

Senate petition No. 40, by Senator Glenn, Relating to the bulk sales bill, signed by Charles G. Holmes et al., was read, and referred to Committee on Judiciary.

INTRODUCTION OF BILLS.

The following bills were introduced and read the first time: By Ways and Means Committee: Senate bill No. 644, An act appropriating fees collected under chapter 217, Laws of 1907, to Agricultural Experiment Stations.

By Committee on Penal Institutions: Senate bill No. 645, An act relating to the night school in the Kansas State Penitentiary.

By Senator Stillings: Senate bill No. 646, An act relating to the Kansas State Penitentiary, and making appropriations for the fiscal years ending June 30, 1910, and June 30, 1911.