Anderson, Bender, Brady, Brewster, Brown, Caldwell, Cambern, Carey, Chapman, Cooke, Denton, Fagerberg, Fowler, Ganse, Hamilton, Hodges, Hostrup, Huffman, Hunter, Leidy, Milligan, Milton, Murphy, Overfield, Porter, Potter, Price, Quincy, Reed, Robertson, Smith, Stannard, Stavely, Stillings, and Travis.

Senators absent or not voting were: Avery, Glenn, Lower, Myers, and Stewart.

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

INTRODUCTION OF ORIGINAL MOTIONS AND RESOLUTIONS.

Senate resolution No. 37, by Senator Brady, Relating to extending congratulations to Guy A. Swallow, was introduced, read, and adopted.

Senate resolution No. 38, by Senator Travis, Relating to extending congratulations to William H. Taft, was introduced, read, and adopted.

Senate joint resolution No. 5, by Senator Brady, Relating to the erection of a building by the Memorial Association of Kansas Pioneers and Patriots on the grounds of the State University, was introduced and read the first time.

By unanimous consent, Senator Brady moved that the rules be suspended, an emergency declared, and that the resolution be read the second time, which motion prevailed. The resolution was read the second time.

By unanimous consent, Senator Brady moved that the rules be suspended, an emergency declared, and that the resolution be placed on third reading, which motion prevailed.

The resolution was thereupon read the third time, and the question being, Shall the resolution be adopted? the roll was called, with the following result: Yeas 35, nays 2; absent or not voting, 3.

Senators voting in the affirmative were: Anderson, Avery, Brady, Brewster, Brown, Caldwell, Cambern, Carey, Chapman, Cooke, Denton, Fagerberg, Fowler, Ganse, Glenn, Hamilton, Hodges, Hostrup, Hunter, Leidy, Lower, Milligan, Milton, Myers, Overfield, Porter, Potter, Price, Quincy, Reed, Smith, Stannard, Stavely, Stillings, and Travis. Senators voting in the negative were: Senators absent or not voting were:

and Stewart.

Bender and Murphy.
Huffman, Robertson,

A constitutional majority having voted in the affirmative, the resolution was adopted.

CONSIDERATION OF MOTIONS AND RESOLUTIONS.

Senator Stavely called up House concurrent resolution No. 24, Relating to reservation of inheritance taxes to the states, and moved its adoption, which motion prevailed.

Senator Quincy moved that the further reading of the Journal be dispensed with, which motion prevailed.

MESSAGES FROM THE GOVERNOR.

EXECUTIVE DEPARTMENT,

TOPEKA, March 4, 1909.

To the Senate: The "monopoly" bill, which was voted down in your body yesterday without discussion, I regard as one of the most important measures presented to the Kansas Legislature.

It has been stated to me by senators that very few members in your body were fully informed of the meaning or purpose of this bill. Kansas, together with all the other great agricultural states in the Union, has been exploited by monopolies and trusts for the last quarter of a century, and this is the only practical way that has been suggested in our Legislature whereby these monopolies can be controlled and their actions regulated in an effectual way. In short, the proposed measure is this: Whenever any combination in restraint of trade has secured a monopoly of any article of trade or commerce in this state, that the state, through the Board of Railroad Commissioners or through the courts, may compel such monopoly to sell such article of trade or commerce at reasonable prices. The "Standard Oil" trust, the "Harvester" trust, and concerns of this kind, are exploiting our people at this time and the state is almost helpless to deal effectively with these great combinations. Under the present antitrust law the state's only remedy is to expel these combinations from the state; while the proposed measure, which has been framed with great care by our attorney-general, and approved by the attorneys-general of many western and central states, and upheld by the supreme court of the United States, permits the state to take care of these giant monopolies and protect the people from extortion.

The members of this Legislature certainly ought to hear these bills read and stand up and vote for or against such measures on their merits. I most earnestly recommend that this bill, and its companion bills, which have been prepared by the attorney-general to protect the welfare of the state in this great struggle for commercial liberty, be given a fair hearing and a free and public discussion on the floor of the Senate, and I am strongly persuaded if this is done they will be enacted into law.

Respectfully submitted.

W. R. STUBBS, Governor. EXECUTIVE DEPARTMENT,

TOPEKA, March 3, 1909.

To the Senate: I respectfully advise the Senate that I have on the above date approved Senate bill No. 372.

W. R. STUBBS, Governor.

Senator Porter moved that the which motion prevailed.

Senate do now adjourn,

AFTERNOON SESSION.

SENATE CHAMBER, TOPEKA, KAN.,

March 4, 1909-2 P. M.

The Senate met pursuant to adjournment, the president in

the chair.

The roll was called.

Absent: Senator Porter.

Senator Hodges moved that the Senate concur in House amendments to Senate bill No. 11.

The question being, Shall the Senate concur in House amend

ments to Senate bill No. 11? the roll was called, with the following result: Yeas 35, nays 0; absent or not voting, 5.

Senators voting in the affirmative were: Anderson, Avery, Bender, Brady, Brewster, Brown, Caldwell, Cambern, Cooke, Denton, Fagerberg, Fowler, Ganse, Glenn, Hodges, Hostrup, Huffman, Hunter, Leidy, Lower, Milton, Murphy, Myers, Overfield, Porter, Potter, Price, Quincy, Reed, Robertson, Smith, Stannard, Stavely, Stillings, and Travis.

Senators absent or not voting were: Carey, Chapman, Hamilton, Milligan, and Stewart.

A constitutional majority having voted in the affirmative, the amendments were concurred in.

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 amended, and adopted as amended, Senate concurrent resolution No. 23, Relating to consideration of bills, and specifying the final adjournment.

Also, passed House bill No. 499, An act supplemental to chapter 286 of the Session Laws of 1901, and chapter 268 of the Session Laws of 1907, being an act in relation to railway companies.

Also, has adopted as amended Senate joint resolution No. 5, Relating to the erection of a memorial on grounds at Kansas University.

Also, passed House bill No. 589, An act to prevent delays in transporting live stock by common carriers, and repealing all acts in conflict herewith.

Also, passed House bill No. 777, substitute for House bill No. 241, An act to amend section 3 of chapter 345 of the Session Laws of 1905, entitled “An act relating to the transportation of freight by railroads and other common carriers, and amending section 5982 of chapter 84 of the General Statutes of 1901."

Also, passed House bill No. 778, substitute for House bill No. 102, An act to provide for the construction and operation of switches, sidetracks and spurs or connections between established stations and switches along and over the right of way of any railroad company within the state, and giving the Board of Railroad Commissioners of the state of Kansas power concerning the same.

Also, passed House bill No. 776, substitute for House bills Nos. 471 and 483, An act making railroad companies in operation in the state of Kansas liable to a forfeiture for the failure to discharge certain duties.

Also, passed House bill No. 826, An act to make uniform the law of warehouse receipts.

Also, passed Senate bill No. 515, An act relating to the assessment and taxation of the assets and shares of stock of building and loan associations.

Also, passed House bill No. 725, An act relating to private corporations, and amendatory of chapter 140 of the Laws of 1907, and repealing paragraphs 1248, 1249, 1250, 1251, 1252, 1253, 1254, 1255, 1256, 1257, 1258, 1259, 1260, 1261, 1262, 1263, 1264, 1265, 1266, 1267, 1268, 1269, 1270, 1271, 1272, 1273, 1283, 1284 and 1311 of the General Statutes of 1901, and chapter 150, Laws of 1903.

Also, passed House bill No. 963, An act to amend sections 2 and 3 of an act being supplemental to chapter 365 of the Laws of 1905.

Also, amended, and passed as amended, substitute for Senate bill No. 19, An act concerning filing of claims against estates in the probate court, and providing for security for costs in certain cases.

The same are herewith transmitted.

W. T. BECK, Chief Clerk.

The above House bills were thereupon read the first time.

REPORTS OF STANDING COMMITTEES.

MR. PRESIDENT: Your Committee on Elections, to whom was referred House bill No. 504, An act providing for the manner of preparing ballots for the submission of constitutional amendments and other questions, and amending paragraph 2709 of the General Statutes of 1901, have had the same under consideration, and instruct me to report the bill back to the Senate with the recommendation that it be passed.

Also, House bill No. 148, An act to amend sections 2725 and 2727 of the General Statutes of the state of Kansas of 1901, relating to fees and compensation of judges and clerks of election boards, being an act providing for increased compensation, and recommend that it be passed. S. M. BREWSTER, Chairman.

MR. PRESIDENT: Your Committee on Judiciary, to whom was referred House bill No. 550, An act to protect trees from depredation, have had the same under consideration, and instruct me to report the bill back to the Senate with the recommendation that it be passed.

Also, House bill No. 987, An act extending the power and authority of the Board of Railroad Commissioners, and making an appropriation for the valuation provided in said act, and recommend that it be passed, after amending by striking out "public utilities," section 3, line 5, and inserting "common carriers now."

Also, House bill No. 970, An act to amend section 2 of chapter 136 of the Session Laws of 1903, being an act entitled "An act relating to cities of the second and third classes and empowering such cities to obtain water, heat, light, power, etc.; repealing and amending section 8 of said chapter 82 of the Laws of 1897, sections 1, 2, 3, 4, 5, 6 and 7 of chapter 82 of the Laws of 1897, and section 9 as amended by section 1 of chapter 107 of the Laws of 1901, and repealing said original section 8, and also repealing section 9 as so amended," and repealing said original section, and providing penalties for the violation of this act, and recommend that it be passed.

Also, House bill No. 267, An act to amend section 6513 of the General Statutes of 1901, granting licenses to ex-Union soldiers and sailors and exsoldiers and sailors of the Spanish-American war and ex-soldiers of the eighteenth and nineteenth Kansas cavalry, to canvass for and sell goods not prohibited by the law and to operate a delivery and baggage wagon in any county or city within the state, and providing penalties for the violation thereof, and repealing the original section 6513, and recommend that it be passed.

Also, House joint resolution No. 6, Empowering the governor to accept a deed to twenty-two and a half acres composing the battle-ground of Osawatomie for a memorial park and to appoint three trustees to manage same, and recommend that it be adopted.

Also, House bill No. 575, An act to enable the board of county commissioners of counties of this state to complete the payment for the construction of public bridges, and recommend that it be passed.

Also, Senate bill No. 376, An act authorizing the board of county commissioners of any county having a population of more than 20,000 inhabitants to enlarge, repair or rebuild bridges in certain cases without submitting the proposition to the voters of such county, and prescribing the manner of paying for the same, and recommend that it be passed.

Also, House bill No. 971, An act to amend section 51 of chapter 122 of the Session Laws of 1903, being an act entitled "An act relating to cities of the first class, and repealing chapter 37 of the Laws of 1881 and all acts amendatory and supplemental thereto, and chapter 82, Laws of 1897, and all acts amendatory and supplemental thereto in so far as the same relate to cities of the first class," and repealing said original section, and providing certain penalties for the violation thereof, and recommend that it be passed.

Also, House bill No. 479, An act concerning sinking funds, and recommend that it be passed. FRANCIS C. PRICE, Chairman.

MR. PRESIDENT: Your Committee on Education, to whom was referred Senate bill No. 590, An act to amend chapter 341, section 1 and section 2, of the Session Laws of 1907, and chapter 424, section 5 and section 6, of the Session Laws of 1903, 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: FREMONT LEIDY, Chairman.

MR. PRESIDENT: Your Committee on State Affairs, to whom was referred House bill No. 480, An act to provide for the payment of wages to prisoners now confined in the Kansas State Penitentiary and to control the apportionment, record of, use and distribution of the same, have had the same under consideration, and instruct me to report the bill back to the Senate with the recommendation that it be passed.

Also, House bill No. 620, An act providing for the erection of armories for the use of the Kansas National Guard, etc., and recommend that it be placed on the Calendar without recommendation.

Also, Senate bill No. 395, An act relating to fish and game, amending sections 4, 5, 7, 8, 10, 12, 13 and 20 of chapter 267 of Session Laws of 1905, and recommend that it be not passed.

Also, Senate bill No. 400, An act relating to automobiles and motor vehicles, regulating their speed and operation on the public streets, roads and highways in the state, providing for their registration and proper equipment, and providing penalties for the violation thereof, and recommend that it be not passed. EMERSON CAREY, Chairman.

MR. PRESIDENT: Your Committee on Engrossed Bills, to whom were referred Senate bills Nos. 536, 479, 553, 643, 641, 381, 636, and 645, 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.

Senator Brewster moved that the Senate nonconcur in the House amendments to Senate concurrent resolution No. 23, which motion prevailed.

INTRODUCTION OF BILLS.

The following bill was introduced and read the first time: By the Judiciary Committee: Senate bill No. 665, An act concerning the Board of Railroad Commissioners and providing for their appointment, and repealing section 1, chapter 340, of the Session Laws of 1905.

By unanimous consent, Senator Price moved that the rules be suspended, an emergency declared, and that Senate bill No. 665 be placed on second reading, which motion prevailed. The bill was thereupon read the second time and referred to the committee of the whole Senate.

Senator Price moved that the rules be suspended, an emergency declared and that Senate bill No. 665 be placed on third reading, subject to amendment and debate. Senator Hamilton objected.

Senator Hunter moved that House bill No. 952 be placed on second reading. Senator Travis objected.

Senator Brady moved that Senate joint resolution No. 5 be amended by inserting "shall" after "Kansas" in the second line of the House amendment thereto, which motion prevailed.

The question being, Shall Senate joint resolution No. 5, as