repealing section 3 of chapter 29, being paragraph 1976 of the General Statutes of Kansas of 1901, was read the third time, and the question being, Shall the bill pass? the roll was called, with the following result: Yeas 24, nays 0; absent or not voting, 16.

Senators voting in favor of the passage of the bill were: Anderson, Avery, Brady, Chapman, Cooke, Fagerberg, Fowler, Ganse, Glenn, Hamilton, Hodges, Hostrup, Huffman, Hunter, Milton, Murphy, Porter, Potter, Price, Quincy, Robertson, Stewart, Stillings, and Travis.

Senators absent or not voting were: Bender, Brewster, Brown, Caldwell, Cambern, Carey, Denton, Leidy, Lower, Milligan, Myers, Overfield, Reed, Smith, Stannard, and Stavely.

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. 236, An act to amend section 34 of article 2 of chapter 68 of the General Statutes of 1901, the same being section 4249 of said statutes, and repealing original section 34, was read the third time, and the question being, Shall the bill pass? the roll was called, with the following result: Yeas 21, nays 0; absent or not voting, 19.

Senators voting in favor of the passage of the bill were: Avery, Brady, Cooke, Fagerberg, Fowler, Ganse, Glenn, Hamilton, Hodges, Hostrup, Huffman, Hunter, Milton, Murphy, Porter, Potter, Price, Robertson, Stewart, Stillings, and Travis.

Senators absent or not voting were: Anderson, Bender, Brewster, Brown, Caldwell, Cambern, Carey, Chapman, Denton, Leidy, Lower, Milligan, Myers, Overfield, Quincy, Reed, Smith, Stannard, and Stavely.

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. 468, An act making appropriation for conveying prisoners to the Penitentiary for the fiscal years ending June 30, 1910, and June 30, 1911, was read the third time, and the question being, Shall the bill pass? the roll was called, with the following result: Yeas 22, nays 0; absent or not voting, 18.

Senators voting in favor of the passage of the bill were: Anderson, Avery, Brady, Cambern, Chapman, Cooke, Ganse, Glenn, Hamilton, Hodges, Hostrup, Huffman, Hunter, Milton, Murphy, Porter, Potter, Price, Robertson, Stewart, Stillings, and Travis.

Senators absent or not voting were: Bender, Brewster, Brown, Caldwell, Carey, Denton, Fagerberg, Fowler, Leidy, Lower, Milligan, Myers, Overfield, Quincy, Reed, Smith, Stannard, and Stavely.

A constitutional majority having voted in favor of the passage of the bill, the bill passed, and the title was agreed to. Senator Stavely was excused for the remainder of the day.

Senator Denton was excused until Monday.
Senator Carey was excused for the day.

By unanimous consent, Senator Huffman moved that the rules be suspended, and that substitute for Senate bill No. 239 be placed on third reading, subject to amendment and debate, which motion prevailed.

By unanimous consent, Senator Stillings moved that the rules be suspended, and that substitute for Senate bill No. 357 be placed on third reading, subject to amendment and debate.

Substitute for Senate bill No. 239, An act creating a State Mining Board, and to regulate the employment and qualifications of mine managers, superintendents, pit bosses, hoisting engineer, fire bosses, mine inspector and his deputies, making an appropriation for carrying out the provisions of this act, 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 22, nays 0; absent or not voting, 18.

Senators voting in favor of the passage of the bill were: Anderson, Avery, Brady, Cambern, Chapman, Cooke, Fagerberg, Fowler, Ganse, Glenn, Hamilton, Hodges, Hostrup, Huffman, Murphy, Porter, Potter, Price, Robertson, Stewart, Stillings, and Travis.

Senators absent or not voting were: Bender, Brewster, Brown, Caldwell, Carey, Denton, Hunter, Leidy, Lower, Milligan, Milton, Myers, Overfield, Quincy, Reed, Smith, Stannard, and Stavely.

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

Substitute for Senate bill No. 357, An act relating to the maturing bonded indebtedness of counties of over 40,000 inhabitants, providing a fund for the payment of the same, and prescribing penalties for the violation of this act, was read the third time, and the question being, Shall the bill pass? the roll was called, with the following result: Yeas 23, nays 0; absent or not voting, 17.

Senators voting in favor of the passage of the bill were: Anderson, Avery, Brady, Cambern, Chapman, Cooke, Fagerberg, Fowler, Ganse, Glenn, Hamilton, Hodges, Hostrup, Huffman, Hunter, Murphy, Porter, Potter, Price, Robertson, Smith, Stewart, Stillings, and Travis.

Senators absent or not voting were: Bender, Brewster, Brown, Caldwell, Carey, Denton, Leidy, Lower, Milligan, Milton, Myers, Overfield, Quincy, Reed, Smith, Stannard, and Stavely.

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

MESSAGE FROM THE HOUSE.

The following message was received and read:

MR. PRESIDENT: I am directed by the House to inform the Senate that the House has passed House bill No. 904, An act to amend sections 13, 38, 415, 418 and 464 of the General Statutes of 1901, relating to the management and control of state banks, and repealing said original sections 13, 38, 415, 418, 461 and 464, and all other acts or parts of acts in conflict with this act.

The same is herewith transmitted.

C. H. BRILHART, Assistant Chief Clerk.

House bill No. 904 was thereupon read the first time.

Senator Avery moved that Senate bill No. 648 be withdrawn from the Committee on Temperance and Hygiene, and be placed on the Calendar under the head of "General Orders," which motion prevailed.

By unanimous consent, the Judiciary Committee introduced Senate bill No. 649, An act providing for the sale of alcohol, under certain conditions and restrictions, which was read the first time.

By unanimous consent, Senator Price moved that the rules be suspended, an emergency declared, and that Senate bill No. 649 be placed on second reading, which motion prevailed.

The bill was thereupon read the second time and referred to the committee of the whole.

By unanimous consent, Senator Hamilton made the following committee report:

MR. PRESIDENT: Your Committee on Cities of the First Class, to whom was referred Senate bill No. 553, An act to provide for cleaning or sprinkling, or cleaning and sprinkling, paved streets, avenues or alleys in cities of the first class, and to charge the expense thereof to the abutting property, have had the same under consideration, and instruct me to report the bill back to the Senate with the recommendation that it be passed. CLAD HAMILTON, Chairman.

By unanimous consent, Senator Stillings moved that the rules be suspended, and that Senate bill No. 529 be placed on third reading, subject to amendment and debate, which motion prevailed.

Senator Murphy was excused for the day.

By unanimous consent, Senator Travis moved that the rules be suspended, and that Senate bill No. 552 be placed on third reading, subject to amendment and debate, which motion prevailed.

Senator Robertson moved that Senate bill No. 648 be recommitted to the Committee on Temperance and Hygiene, which motion prevailed.

Senator Glenn moved that the Senate take a recess until two P. M., which motion prevailed.

AFTERNOON SESSION.

SENATE CHAMBER, TOPEKA, Kan.,
February 20, 1909—2 p. M.

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

MESSAGE FROM THE HOUSE.

The following message was received and read:

MR. PRESIDENT: I am directed by the House to inform the Senate that the House has adopted Senate joint resolution No. 1, Approving the application of the board of regents of the Kansas State University to be placed upon the list of accepted institutions for the benefits of the Carnegie Foundation for the Advancement of Teaching. The same is transmitted herewith.

C. H. BRILHART, Assistant Chief Clerk.

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 Glenn 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. 71, An act to define and prohibit fraud in obtaining advertising by false claims of newspaper circulation, and to forfeit any sums agreed to be paid for such advertising so obtained, be passed.

That 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, be passed.

That Senate bill No. 312, An act to repeal an act entitled "An act relating to the fees and salary of the probate judge of Sedgwick county, in the state of Kansas, and to repeal section 14 of chapter 141 of the Session Laws of 1899, and all acts and parts of acts inconsistent therewith," be amended in section 2, line 2, by striking the letter "s" off the word ""books," and passed as amended.

That House bill No. 114, An act to protect trees from depredation and destruction, be amended by adding to the title "and to provide a penalty for the violation hereof," and passed as amended.

That House bill No. 67, An act to amend section 1 of chapter 278 of the Laws of 1899, and to repeal said original section 1, be amended as follows: In section 1, line 15, strike out the words "other meetings of like character" and insert "such other meetings as may be authorized by the township board." Also, at the end of section 1 insert: "and provided further, that no such levy or expenditure shall be made unless authorized by a majority of all the qualified electors residing in such township, as shown by the vote cast for secretary of state at the last preceding general election." Also, in section 1, line 24, strike out word "electors” and insert "election."

Also, in section 3, line 2, strike out "official state paper" and insert "statute-book."

Also, insert in lieu of section 2 the following:

SEC. 2. That section 2 of the act entitled "An act authorizing and empowering the township trustee, treasurer and clerk in the organized townships of the state to purchase land and erect thereon buildings for public purposes within said townships," being chapter 278 of the Session Laws of 1899, be and it is hereby amended so as to read as follows: Sec. 2. Whenever a petition is presented to said township officers signed by onethird of the electors of said township, requesting them to submit the question to a vote as to whether or not there shall be erected in said township township buildings in accordance with the provisions of this act, it shall be the duty of said township officers to call an election for said purpose and submit said proposition at the next general election, or at a special election if a general election will not occur within six months of the date of the presentation of the petition to said township officers, and give thirty days' notice thereof by posting five written or printed notices in as many public places thereof in said township, or, if the board deems it advisable, by publication in some paper in general circulation in said township. If a majority of the votes cast be in favor of the erection of township buildings, then it shall be the duty of said township officers to at once procure the land and cause said buildings to be erected, at a cost not to exceed the amount specified in the call for said township election, and in the manner and under the restrictions that in the judgment of said board will procure the best buildings for the money expended.

Also, in section 2, strike out in line 1 the words "section 1," and insert "sections 1 and 2."

Also, renumber sections 2 and 3.

Also, in title, add to the word "section" the letter "s," and following the figure "1" the words "and 2.”

And that it be passed as amended.

That Senate bill No. 287, An act providing that all legal publications required by law to be published a certain number of weeks shall be legal publications if the same are made once a week in a daily newspaper which is authorized by law to print such legal publications, and providing that such weekly publication shall be made in the edition of such daily paper printed and published upon Thursday, be amended in section 1, line 5, after the word "daily," by adding "semiweekly or triweekly." Also, in section 1, line 7, insert after the word "week" "semiweekly and triweekly papers on any one day of the week upon which a paper is published." And that it be passed as amended.

That Senate bill No. 399, An act to amend sections 6436 and 6437 of the General Statutes of Kansas, 1901, relating to county high schools, and to repeal said original sections and all acts and parts of acts in conflict herewith, be amended as follows: In section 1, line 11, strike out the word "deserved" and insert the word "desired." In same section, line 13, strike out "six mills on the dollar" and insert "the levy allowed by law." In line 14, section 1, strike out all the remaining part of the section following the word "county." And that it be passed as amended.

That Senate bill No. 293, An act fixing the salaries of the county surveyors of counties of the state of Kansas having a population of 100,000 or more, and providing for the appointment and salaries of deputies, be amended in line 5, section 1, by striking out the words "two thousand" and inserting "eighteen hundred" in lieu thereof, and passed as amended. That Senate bill No. 497, An act defining abandonment, and providing punishment therefor, be passed.

That Senate bill No. 314, An act to amend article 8 of chapter 36 of the General Statutes of Kansas, the same being section 2692 of the General Statutes of Kansas, 1901, be passed.

That Senate bill No. 438, An act to provide for the registering of farm names, be amended by striking out in section 2, line 2, "official state paper," and inserting "statute-book," and passed as amended.

That Senate bill No. 403, An act relating to roads and highways, and repealing chapter 289 of the Session Laws of Kansas, 1907, be amended by adopting the committee report. Also, in section 1, line 13, after the word "when" insert "the," and in line 14, section 1, strike out the words "are favorable for” and insert "of such highway require." Also, in same section, line 15, strike out the word "such" and insert "a road." And that it be passed as amended, subject to amendment and debate.