The resolution was adopted. Senator Chapman introduced Senate resolution No. 4: Resolved, That a committee of five Senators be appointed by the president of the Senate in formulating a code of rules for the government of the Senate. The resolution was adopted. Senator Porter introduced Senate resolution No. 5: Resolved by the Senate of Kansas, That Senators Brewster, Milligan, Cambern, Stavely, Lower, Reed, Chapman and Leidy be elected by this Senate as a permanent Committee on Employees during the session thereof, and said committee is hereby empowered, when complaint is made to them of any of the employees, to investigate such charges, and to remove and discharge any employee, and that they shall also have the power to change employees from one position to another, as they may deem best. The resolution was adopted. Senate resolution No. 6 was introduced by Senator Price: Resolved, That the president of the Senate be authorized to select a private secretary, sergeant-at-arms, and page. The resolution was adopted. The chair announced his appointees as follows: H. G. Parsons, private secretary; John Kitchell, sergeant-at-arms, and Horton Caswell, page. Senate resolution No. 7 was introduced by Senator Potter: Resolved, That the hours of meeting of the Senate shall be at ten A. M. and two P. M. until further ordered. The resolution was adopted. At this juncture the senators proceeded to the selection of their seats, in accordance with the provisions of Senate resolution No. 3. Senate resolution No. 8 was introduced by Senator Huff man: Resolved, That the sergeant-at-arms be directed to procure for each Senator one copy each of the Statutes of 1901, Session Laws of 1907 and 1908, and a Senate Journal of 1907 and 1908. Senator Quincy moved to amend by inserting, after the words "Statutes of 1901," the words "Session Laws of 1903 and 1905," which amendment was adopted. Upon motion of Senator Stewart, the resolution was further amended by inserting, after the words "for each senator," the words "upon request," which amendment was adopted. Upon motion, the Senate resolution No. 8 was thereupon adopted as amended. Senate resolution No. 9 was introduced by Senator Milton: Resolved, That the minority members of the Senate extend to the president and Senate their thanks for the courtesy extended in allowing choice of seats for minority members. The resolution was adopted. Upon motion of Senator Glenn, the Senate took a recess until three o'clock P. M. AFTERNOON SESSION. SENATE CHAMBER, TOPEKA, KAN., The Senate resumed its labors, the president in the chair. MESSAGE FROM THE SECRETARY OF STATE. MR. PRESIDENT: I have here what purports to be the contest papers of William W. Caldwell, contestor, vs. William Moore, contestee, being a contest for the office of senator from the thirty-second senatorial district of this state. I have also what purports to be the contest papers and evidence in the matter of the contest of James F. Getty, contestor, vs. T. A. Milton, contestee, for the office of senator from the fourth senatorial district of Kansas, both of which sets of papers I desire to present to the Senate for their consideration. These documents were thereupon delivered into the custody of the president of the Senate. At this juncture the chair appointed as a Committee on Rules, as provided for in Senate resolution No. 4, Senators Chapman, Price, Stavely, Stewart, and Ganse. Senate resolution No. 10 was introduced by Senator Porter: Resolved, That each chairman of committee be allowed one committee. clerk. The resolution was adopted. MESSAGE FROM THE HOUSE. MR. PRESIDENT: I am directed by the House to inform the Senate that the House has organized with J. N. Dolley, of Waubansee, as speaker; R. J. Hopkins, of Finney, speaker pro tem.; W. T. Beck, of Jackson, chief clerk; Chas. Brilhart, assistant chief clerk; D. B. Dyer, of Smith, sergeant-at-arms; G. G. Harmon, of Leavenworth, assistant sergeant-at-arms; W. P. Wilcox, of Shawnee, doorkeeper; W. A. Trigg, of Miami, postmaster; Mrs. Della Sare, assistant postmaster, and Rev. J. A. Renwick, of Shawnee, chaplain. Also, that the House has adopted Senate concurrent resolution No. 1, Relating to appointment of a joint committee to notify the governor that the Legislature is duly organized, and that the Speaker has appointed, on the part of the House, Messrs. Morgan of Reno, Amrine of Morris, and Stone of Shawnee. The resolution is herewith transmitted. W. T. BECK, Chief Clerk. MESSAGE FROM THE GOVERNOR. The sergeant-at-arms announced a message from the governor, and Mr. John S. Dawson, private secretary to the governor, was introduced, and presented to the Senate the following communication from the governor, which, upon the direction of the president, was read: To the Legislature: MESSAGE OF GOVERNOR STUBBS. Under the provisions of our constitution it becomes the duty of the governor to make recommendations to the Legislature and communicate such information as he may deem proper with reference to conditions in the state. It therefore gives me very great pleasure to be able to state that Kansas is marching straight forward to her goal. The people are progressive, prosperous, well clothed, well fed, contented and happy; banks, bins and storehouses are full to overflowing, and our jails and poorhouses in many counties are empty. The products of the basic industry of our state, farming and stock-raising, together with the live stock on hand, were valued last year at 475 million dollars, which is double the value ten years ago. The character and progress of our public schools will exert a greater influence in shaping the destiny of our state than any other one factor. It is, therefore, particularly gratifying to know that the State University, Agricultural College and Normal Schools have made phenomenal progress in practical, useful and scientific work, and have increased the number of students almost 100 per cent. within a period of five years. The charitable institutions are well established on a humane and businesslike basis. They are managed more with a view of giving the helpless, sick and insane inmates skilful, scientific treatment, proper care and kind attention than on an economic basis, but in the end I believe these modern methods will prove the most economical. The penal institutions have made splendid progress in the direction of fitting men for practical work after they are released from confinement, in place of the old methods of punishment, which appeals to me as more consistent with the principles of a Christian civilization. Some of the best-informed men in Kansas, who are close students of political economy, have advised me that Kansas has made more progress in constructive, beneficial legislation during the past four years than any state in the Union. The old political methods that have prevailed generally throughout the country for a quarter of a century have practically all been abolished in Kansas, and the public business of our state has been established on a sound business basis in the interest of public welfare. It is my hope that the present session of the Legislature will break all records in the enactment of good and useful laws, as compared with former sessions in Kansas and other states. The personal integrity and reputation of the members are involved in the obligations entered into with the citizens of Kansas to enact certain measures into law. These obligations must be redeemed in good faith and the laws enacted must be sound, useful and just, if the wisdom of your election to the legislature shall be justified by your work. Every member of this Legislature has an opportunity to render a great public service during the ensuing fifty days which will reflect credit upon himself and his family. The application of sound business methods to legislative pay-rolls and the general expense of the Legislature would be in striking contrast with the ordinary legislative session. The consideration of measures on their merits, regardless of politics, would result beneficially to the state. It would also be a novel proceeding to witness the members of the Kansas Legislature settling down to work six days in the week from the commencement to the end of the session, forgetting every personal interest and being conscious only of their great public responsibility and the important work which has been entrusted to them by their neighbors, friends and citizens—all of whom will judge you by your works when you return home. Yours is a position of high honor, but it is one also of solemn responsibility. You are dealing with a sacred subject—the well-being of a great commonwealth-and your work will affect our state and its people long after the authority conferred upon you shall have passed away. PUBLIC UTILITIES. Under the leadership of Governor Hughes in New York, and Governor La Follette in Wisconsin, public-utilities laws have been enacted which have resulted in great practical benefits to the citizens of the above-named states. I most earnestly recommend the enactment of a public utilities law in Kansas, using whatever may be used to advantage of the present rail road law as a basis and adding the best features of the New York and Wisconsin public-utilities laws, which have had a severe practical test. This law should empower a commission to supervise not only the railroads, but all public utilities, including water, gas, electric-light, heat, power, express, car, pipe-line, telegraph and telephone companies, and all other public-service utilities; also, have jurisdiction over the issue of stocks, bonds and securities of railway and all other public-utilities corporations; also, the power of determining whether public necessity and convenience demand the building of additional lines of railway, or additional water, gas and electric-light plants in communities where there is in operation a plant of similar character, under an indeterminate franchise; also, the power to ascertain the physical value of all public-utilities property within the borders of the state. It should be charged with the duty of prescribing proper and uniform accounting methods and of requiring from all companies under its jurisdiction reports containing operating and financial and other data, including schedules of rates charged for the service rendered. It should be charged with the enforcement of the law relating to hours of employment for railway employees; with power over railway terminals; power to require railroads to install telephone lines; to compel railroads to furnish connections with spurs running to industries; power to determine the value of public utilities, including street-railways, and in condemnation proceedings by municipalities under the publicutilities law; to enforce statutory regulation of wires and other overhead obstructions crossing railroad-tracks. It should also have the power to secure all information pertaining to the cost of construction, maintenance, operation and transportation of supplies or service of any kind that is furnished to the public. All this information is necessary for the purpose of establishing equitable rates and adequate service on all commodities; and any corporation which withholds information from this commission should not be permitted to use such suppressed information in court. This commission should consist of five members, to be appointed by the governor and be subject to removal by him for cause. This law should also provide for the three railroad commissioners to be a part of this commission during the ensuing two years. GOOD ROADS. The Agricultural Department at Washington has compiled data from every civilized country showing that the bad condition of our public highways increases the cost of hauling American products to market more than 237 million dollars each year, as compared with the cost on highways like those maintained in France, Germany, England, and other countries. This means more than five million dollars loss in time and expense every year in Kansas; but the financial loss sustained because of bad roads is not the most important consideration. Good roads add to the comfort, convenience and pleasure of living, especially in the country. The value of land in a community is increased more by permanent improvement of roads than the cost of such roads. They facilitate the consolidation of country schools. Farm products may be hauled to market in good and bad weather. Good roads cost money; so do barns, houses, carriages, farm machinery, and everything that goes to make up the comforts of life. It is not so important how much permanent road improvements cost. If the added value of the improvement is largely in excess of its cost, then the expenditure is justified and desirable. It is really a permanent investment, bringing in good dividends. We are spending more than a million dollars a year on the public highways of Kansas, without making permanent improvements worthy of mention. If this amount of money was used in a scientific, businesslike way, and the work done regularly and systematically by men who are skilled in road-building, it would only require a few years to give Kansas a perfect system of public highways. Kansas cannot construct public highways without an amendment to our constitution. But the state can provide laws authorizing each county to build and maintain permanent roads. A state law should provide: 1. A state engineer of public highways, who must be an experienced road-builder and a graduate of some reputable school of engineering. 2. A supervisor of public highways in each county, to be appointed by the county commissioners by and with the advice and consent of the state engineer. The county surveyor in many cases will have sufficient training and fitness for this place. The supervisor shall carry forward all work in the county under the direction of the state engineer. 3. Reliable data indicates that ninety per cent. of the traffic is carried over ten per cent. of the roads. A mandatory provision for drainage and grading of all these main-traveled roads, with regular, systematic work by King drags, or otherwise, to keep the surface smooth and drainage open, should be provided. 4. A majority of the voters in any regularly organized district, as provided for under such a law, should be authorized to vote bonds or taxes for permanent road-building, under the direction of the state engineer. All work should be let by contract to the lowest bidder, bids advertised for and sealed. 5. All poll-taxes should be paid in cash. The price of work should be approved by the state engineer of public highways and the county super visor. 6. That seventy-five per cent. of all money collected from each road district shall be used to improve the roads within the said district. The law relating to road districts recently repealed should be reënacted. THE TAX LAW. I urge your careful consideration of the recommendations of the State Tax Commission, and also recommend the following amendments to the state tax law: That the State Tax Commission be elected by popular vote. That the term of office of the State Tax Commission be for a period of two years. The county assessor's office should be abolished in counties having less than 30,000 population and the county clerks should perform all duties of county assessors in said counties. The assessors in cities and more populous counties should be elected by popular vote. The tax levies should be limited by law and decreased to the full extent that the valuation of property has been increased under the new tax law, in county, city, township and school district. The new tax law provides for the assessment of all property at its true value, and the purpose of this law is to compel all personal and real property to bear its equal burden of the tax. With the State Tax Commission, county commissioners, and assessors in the cities and counties, all directly responsible to the voters and taxpayers for their nomination and election, the administration of the tax law should become more and more equitable and efficient. BANKING LAWS. The present banking law is one of the very best laws in the Union, and the state banks of Kansas are worthy of the confidence of the people. Prompted by the suggestions of experience, however, and to further strengthen the banking law and the state banking system I recommend the enactment of a savings-bank law which shall provide for the creation of banks for savings deposits only, prohibiting the transaction of commercial business, and limiting the investment of its funds to such securities as are usually dealt in by savings-banks. I recommend an amendment to the banking law providing that no bank shall receive deposits in excess of ten times the amount of its capital stock and surplus. The law should also provide that no bank or trust company shall make any loans in excess of $500, directly or indirectly, |