SENATE CHAMBER, TOPEKA, Kan., The Senate met pursuant to recess, the president in the chair. MESSAGE FROM THE GOVERNOR. EXECUTIVE DEPARTMENT, TOPEKA, March 12, 1909. To the Senate: I respectfully advise the Senate that I have on the above date approved the Senate bills presented to me bearing the following numbers: 351, 290, 54, 643, 165, 314, 341, 248, 596, 135, 359, 353, 553, 361, 176, 299, 61, 144, 63. I have also approved all of Senate bill No. 661 except appropriation No. 39; also, approved all of Senate bill No. 667 except item No. 27; and also approved numbers 231, 532, 659, 668, 636, 507, substitute for 493, 447, 421, 399, 521, substitute for Senate bill No. 600, 35, 220, 345, 366, 386, 469, 631, 646, substitute for Senate bill No. 15. W. R. STUBBS, Governor. Senator Hamilton introduced Senate resolution No. 42, which follows, and moved its adoption : Be it resolved by the Senate, That the secretary thereof be instructed to draw warrants for the following employees up to and including Saturday, March 13, the day of final adjournment: C. J. Garver, enrolling clerk; Amy Brown, assistant enrolling clerk; Mabel House, docket clerk; Nell Tutcher, secretary's stenographer; Z. E. Wyant, secretary, and J. E. Neighbor, assistant sergeant-at-arms. The resolution was adopted. Senator Hamilton introduced Senate resolution No. 43, which follows, and moved its adoption: Be it resolved, That a committee of two senators be appointed by the president to wait upon the House of Representatives and ascertain if it has any further business to transact. The resolution was adopted, and the president appointed Senators Hamilton and Brewster as the committee. In due season this committee returned and Senator Hamilton, chairman, reported verbally that the House of Representatives had no further business to transact. Senator Hamilton introduced Senate concurrent resolution No. 29, which follows, and moved its adoption: Be it resolved by the Senate, the House concurring therein, That a committee of two from the Senate and three from the House be appointed to wait on his excellency, the governor, and ascertain if he has any further communications or messages to make to the Legislature. The resolution was adopted, and the president appointed Senators Hamilton and Brewster as the committee on the part of the Senate. MESSAGE FROM THE HOUSE. MR. PRESIDENT: I am directed by the House to inform the Senate that the House has adopted Senate concurrent resolution No. 29, Relating to waiting upon the governor. The same is herewith transmitted. C. H. BRILHART, Assistant Chief Clerk. MESSAGE FROM THE GOVERNOR. TOPEKA, March 13, 1909. To the Legislature: I respectfully inform the Legislature that I have no further communications to make to this session of the Legislature. Wishing you prosperity and happiness as you return to your homes to take up the ordinary avocations of life, and that our commonwealth will receive lasting benefit through your services and deliberations at this session, I remain, with great respect, W. R. STUBBS, Governor. Senator Hamilton, chairman of the committee on the part of the Senate to wait on the governor, reported verbally that the governor had already communicated to the Legislature in writing that he had no further messages to make. Senator Hamilton moved that the Senate do now adjourn sine die, which motion prevailed. Z. E. WYANT, L. D. MOORE, Journal Clerk. Secretary. ! In the Senate of the State of Kansas. RECORD AND PLEADINGS. In the YEAGER-AIKMAN Contest for the Office of Judge of the Thirteenth Judicial District of the State of Kansas. SIXTEENTH BIENNIAL SESSION, TOPEKA, January 12 to March 13, 1909. (651) IN THE SENATE OF THE STATE OF KANSAS. N. A. YEAGER, Contestor, vs. G. P. AIKMAN, Contestee. The chair placed before the Senate what is purported to be the contest papers relating to the contest of N. A. Yeager, contestor, vs. G. P. Aikman, contestee, for the office of judge in the thirteenth judicial district of Kansas. Senator Hodges introduced Senate resolution No. 20, Relating to the service of subpoena in the Yeager vs. Aikman case. The resolution was thereupon read, and upon motion of Senator Hodges adopted. [Extract from Senate Journal of January 20, 1909, page 77.] "Senate resolution No. 20, by Senator Hodges. Resolved by the Senate of the State of Kansas, That the Senate, in the matter of the contest of N. A. Yeager, contestor, against Granville P. Aikman, contestee, relating to the office of judge of the thirteenth judicial district of the state of Kansas, will meet on the 2d day of February, 1909, at the hour of ten o'clock in the forenoon of said day, in its chamber, in order to hear and determine such contest, such hearing and determination to be completed on that day or to be continued thereafter from day to day at the convenience of the Senate until completed; and be it further Resolved, That a certified copy of the notice of contest filed herein by the contestor shall be served upon the said Granville P. Aikman, contestee, in person, if the same can be done, and if not, then by leaving a copy thereof at his usual place of residence, and that the secretary of the Senate is hereby further directed to notify said Granville P. Aikman, contestee, that on the 2d day of February, 1909, he is required to attend in the Senate chamber and answer the said contest; and be it further Resolved, That the secretary of the Senate is hereby directed to issue any and all subpoenas to require the attendance of persons and the bringing of papers or ballots, as may be requested by the contestor or the contestee, for the purpose of the hearing and determination of said contest; and be it further Resolved, That G. A. Swallow, the present sergeant-at-arms of the Senate, is hereby appointed to serve said notice upon the said contestee and to serve subpoenas as hereinbefore provided." [Transcript of original resolution in Senate files.] The chair placed before the Senate the motion of G. P. Aikman to dismiss the contest filed herein by N. A. Yeager against the said G. P. Aikman, which motion was read, and was as follows: "IN THE SENATE OF THE STATE OF KANSAS. N. A. YEAGER, Contestor, vs. G. P. AIKMAN, Contestee. MOTION TO DISMISS. Now comes G. P. Aikman, by H. C. Sluss and John S. Dawson, his attorneys, appearing for the purpose of this motion only, and moves the |