That 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,” be passed, subject to amendment and debate. W. M. GLENN, Chairman.

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

Senator Brewster was excused indefinitely on account of sickness.

Senator Caldwell was excused indefinitely on account of sickness.

By consent, Senator Brady introduced Senate petition No. 48, Relating to Sunday baseball, signed by Mrs. Appa Stokes et al., which was read, and referred to the Committee on Judiciary.

By consent, Senator Glenn introduced the following petitions:

Senate petition No. 49, Relating to appropriation for a state fair, signed by C. F. Noll et al. Referred to Committee on Ways and Means.

Senate petition No. 50, Relating to fees of state grain inspectors, signed by H. S. Fish et al. Referred to Committee on Agriculture.

By unanimous consent, Senator Stewart introduced the following resolution, which was read, and laid over, under the rules:

Senate concurrent resolution No. 23:

Resolved by the Senate, the House of Representatives concurring therein, That the Senate shall cease the consideration of Senate bills, excepting appropriation bills, at the hour of eleven o'clock P. M., Saturday, February 27, 1909, and the House shall cease consideration of House bills, excepting appropriation bills, at the hour of eleven o'clock P. M., Saturday, February 27, 1909. That the Senate and House cease the consideration of all bills and messages from each other at six o'clock P. M., March 3, 1909, and that the final adjournment of both houses shall be at the hour of six o'clock P. M., Friday, March 5, 1909.

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 "General Orders." A vote being had, the motion. prevailed.

The Senate went into committee of the whole, with Senator Robertson 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. 334, An act in relation to escape-shafts in coal-mines, and extending the time in which same may be completed, be amended by adopting the committee amendments, and passed as amended.

That Senate bill No. 408, An act amending paragraph 2900 of the General Statutes of Kansas of 1901, relating to taking of depositions in probate court, be passed.

That Senate bill No. 79, An act amending section 13 of chapter 35 of the Laws of 1867, as amended by section 2 of chapter 76 of the Laws of 1879, being section 575 of the General Statutes of 1901, and repealing said section 2 of chapter 76 of the Laws of 1879 and chapter 75 of the Laws of 1879, be amended as follows: In section 1, line 24, insert after the word "may" the word "be." Also, in line 8, strike out word "three" and insert "four." Also, in line 4 strike out word "three" and insert "four."

Also, in section 2, line 2, insert after "1879" the words "being section 575 of General Statutes of 1901."

And that it be passed as amended.

That Senate bill No. 532, An act authorizing cities of the second and third classes to construct and maintain systems of sewerage and drainage and to build and operate sewage purification plants, be amended as follows: In section 1, line 5, after "construct" insert "purchase." Also, in line 7, add "or purchasing." Also, in line 5, strike out word "and." Also, in line 29, strike out "seven" and insert "six." And that it be passed as amended, subject to amendment and debate.

That Senate bill No. 534, An act amending section 1 of chapter 117 of the Session Laws of 1905, the same being entitled "An act supplemental to article 3, chapter 19, of the General Statutes of Kansas, 1901," and relating to sewers in cities of the second class, be amended in section 2, line 2, by striking out words "passage, approval and," and be passed as amended, subject to amendment and debate.

That Senate bill No. 393, An act to regulate the public service of stallions in Kansas, and to provide for a live-stock registry board, be amended as follows: In section 5, line 5, insert after word "soundness" the words "by veterinarian.'

Also, at end of section 7, committee amendment be inserted.

Also, in section 12, line 2, add "in the official state paper."

Also, in section 1, line 1, add after word "person" the word "persons," and in same line strike out word "or" and insert in its place a comma, and after word "company" insert the words "or corporation.'

Also, strike out section 9 and insert the following:

SEC. 9. Any person, firm, corporation or association who shall violate any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction in any court of competent jurisdiction be punished by a fine of not less than ten dollars nor more than fifty dollars for such offense.

Also, in section 1, line 1, strike out all up to word "standing” and insert "Every person, firm, corporation or association."

Also, in section 11, line 2, strike out "stallion registration" and insert "state live-stock registry."

And that it be passed as amended, subject to amendment and debate. That Senate bill No. 391, An act to provide the way for annexing to cities of the first class territory adjoining the city limits, and to repeal section 8 of chapter 114 of the Session Laws of 1907 and section 9 of chapter 122 of the Session Laws of 1903, and all acts and parts of acts inconsistent with this act, be amended by inserting committee recommendation-that the enacting clause be stricken out.

FRED ROBERTSON, Chairman.

On motion of Senator Robertson, the report was adopted.

SECOND READING AND REFERENCE OF BILLS.

House bill No. 394, An act relating to the management and control of the state charitable, reformatory and penal institutions, and to amend sections 1, 8, 13, 24, 25 and 38 of chapter 475 of the Session Laws of 1905, and repealing said original

sections; also, sections 7028, 7031, 7093, 7094, 7097 and 7098 of the General Statutes of Kansas of 1901, section 2 of chapter 34 of the Session Laws of 1905, section 1 of chapter 390 of the Session Laws of 1907, and all acts and parts of acts in conflict herewith, was read the second time, and referred to Committee on Penal Institutions.

Senator Travis called up Senate resolution No. 34, In relation to the ventilation and lighting of the Senate Chamber and the sanitary condition of the Senate toilet-room, and moved its adoption, which motion prevailed.

Senator Porter moved that the Senate do now adjourn, which motion prevailed.

THIRTIETH DAY.

SENATE CHAMBER, TOPEKA, Kan.,
February 23, 1909-10 A. M.

The Senate met pursuant to adjournment, the president in

the chair.

The roll was called.

Absent: Senators Bender, Hodges, and Stannard.
Absent by leave: Senators Brewster and Caldwell.
Invocation by Rev. Edwin Locke.

PRESENTATION OF PETITIONS.

Senate petition No. 51, by Senator Brady, Relating to Sunday baseball bill, signed by S. E. Montanyo et al., was read, and referred to the Committee on Judiciary.

INTRODUCTION OF BILLS.

By Ways and Means Committee: Senate bill No. 650, An act making appropriation to the state agent at Washington for the payment of compensation for prosecuting claim against the United States, was introduced and read the first time.

SECOND READING AND REFERENCE OF BILLS.

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, was read the second time and referred to Committee on Banks and Banking.

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. 549, An act providing for the security of depositors in the incorporated banks of Kansas, creating the bank depositors' guaranty fund of the state of Kansas, and providing regulations therefor and penalties for the violation thereof.

The same is herewith transmitted.

C. H. BRILHART, Assistant Chief Clerk.

Senator Quincy moved that the Senate non-concur in the House amendments to Senate bill No. 549, and ask for a conference, which motion prevailed.

The chair appointed Senators Cambern and Price as conferees on the part of the Senate on Senate bill No. 549.

The chair laid before the Senate the following communication:

HOUSE OF REPRESENTATIVES,

February 23, 1909.

To the Honorable W. J. Fitzgerald, President of the Senate, and the Members of the Senate of the State of Kansas:

The American Medical Association, through its representative, their national organizer, Dr. J. N. McCormick, of Bowling Green, Ky., desires to address the members of the Legislature at 1:30 o'clock to-day on the question of "Public Health Legislation," particularly as applied to tuberculosis and typhoid fever. Doctor McCormick has been making a thorough tour of the states of the Middle West, addressing the various state legislatures on these important topics.

The House of Representatives has decided to have Doctor McCormick address the House at 1:30 o'clock to-day, and the House extends to the Senate a most cordial invitation to join the House and listen to this address. J. N. DOLLEY,

Speaker of the House of Representatives.

On motion of Senator Huffman, the above invitation was accepted.

REPORTS OF STANDING COMMITTEES.

MR. PRESIDENT: Your Committee on Enrolled Bills, to whom was referred Senate bill No. 118, 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 secretary of the Senate and the speaker and chief clerk of the House, and has been presented to the governor for his approval, this 20th day of February, 1909. T. P. MURPHY, Chairman.

MR. PRESIDENT: Your Committee on Railroads, to whom was referred Senate bill No. 92, An act to provide for the valuation of railroad property, 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, for the reason that section 5 of chapter 268 of the Session Laws of 1907 confers the same authority on the State Board of Railroad Commissioners which is sought to be conferred by this bill, and the committee further find that the present law is inoperative, for the reason that sufficient funds have not been appropriated to make the valuation contemplated in the law; and it is further recommended that the matter of making such an appropriation at this session of the Legislature be referred to the Committee on Ways and Means.

Also, Senate bill No. 90, An act to limit the issuance of stocks, bonds and other forms of indebtedness by railroad companies and other common carriers, and recommend that it be referred to the Committee on Judiciary. Also, House bill No. 519, An act concerning railroads, and to provide conveniences for the person or persons accompanying live-stock shipments, and providing a penalty for failure to obey sections 1 and 2 of this act, and recommend that it be passed. GEO. H. HUNTER, Chairman.

MR. PRESIDENT: Your Committee on Cities of the Second and Third Class, to whom was referred Senate bill No. 221, An act to provide for the planting and care of shade-trees on the highways and streets of the cities of this state, 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. FRED H. QUINCY, Chairman.

MR. PRESIDENT: Your Committee on Roads and Bridges, to whom was referred House bill No. 747, An act relating to roads, highways and bridges, creating the office of state engineer and providing for his ap