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State Affairs:

Senate bill No. 191, An act authorizing the state geologist to make an investigation of explosions in coal-mines and possible remedies therefor, providing for a publication of a report on the same, and making appropriations therefor.

Senate bill No. 194, An act amending section 8 of chapter 37 of the Session Laws of 1872, said chapter being an act entitled "An act for the encouragement of agriculture," and repealing said section 8.

REPORTS OF STANDING COMMITTEES.

MR. PRESIDENT: Your Committee on Assessment and Taxation, to whom was referred Senate bill No. 97, An act to amend section 2 of chapter. 408 of the Laws of Kansas of 1907, entitled "An act concerning assessment and taxation, creating a Tax Commission," 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.

Also, Senate bill No. 129, An act to amend section 6331 of the General Statutes of Kansas, 1901, being section 223 of chapter 92 of the General* Statutes of Kansas, and recommend that it be amended by striking out the word "six,” in line 7, and inserting the word "one" in lieu thereof, and that it be passed with that amendment. J. H. STAVELY, Chairman.

MR. PRESIDENT: Your Committee on Cities of the Second and Third Class, to whom was referred Senate bill No. 159, An act relating to the powers of city councils in cities of the second class, have had the same under consideration, and instruct me to report the bill back to the Senate with the recommendation that it be amended to include cities of the third class, and that it be passed as amended.

Also, Senate bill No. 161, An act to amend section 5 of chapter 362 of the Session Laws of the state of Kansas for the year 1903, and to repeal said original section, and recommend that it be not passed.

FRED H. QUINCY, Chairman.

MR. PRESIDENT: Your Committee on Printing, to whom was referred House concurrent resolution No. 4, Relating to printing of bills for distribution to other states by state librarian, have had the same under consideration, and instruct me to report the bill back to the Senate with the recommendation that it be passed. J. L. BRADY, Chairman.

INTRODUCTION OF ORIGINAL MOTIONS AND RESOLUTIONS.

Senate joint resolution No. 2, by Senator Hodges, Relating to the water-supply for the State School for the Deaf and Dumb, at Olathe, Kan., was introduced and read the first time.

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

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Senate and this honorable committe to dismiss the above-entitled contest, for the reason that the Senate is without jurisdiction to hear the same. The Senate is without jurisdiction for the following reasons:

First. The Senate must take judicial notice of the fact that the State Canvassing Board concluded its official duties and declared the result of this election, which is the subject of this controversy, on November 23, 1908.

Second. The contestor has wholly failed and neglected to serve on the contestee, within thirty days after the declaration of the canvassers, a statement on the grounds of contest, as required by law, nor has the contestor at any time served such statement upon the contestee.

WHEREFORE, G. P. Aikman, the contestee, moves the Senate and this honorable committee to dismiss the above-entitled contest.

By H. C. SLUSS and JOHN S. DAWSON,

Signed: G. P. AIKMAN.

Attorneys for Contestee, for the Purpose of this Motion Only.

Senate resolution No. 21, by Senator Ganse, Relating to the contest case of N. A. Yeager vs. G. P. Aikman, was introduced and read.

Senator Ganse asked unanimous consent to suspend the rules, declare an emergency, and that Senate resolution No. 21 be considered at this time, which motion prevailed.

The resolution was thereupon adopted.

Senate concurrent resolution No. 12, which follows, was introduced by Senator Stannard, and was read:

Resolved by the Senate, the House concurring therein, That a committee of two from the Senate and three from the House be appointed to go to Emporia, Kan., and examine the Albert Taylor hall in regard to fire-escapes and the adequacy of the exists in case of fire.

Senator Stannard moved that the rules be suspended and that the resolution be considered at this time, which motion prevailed.

The resolution was thereupon adopted.

Senator Stannard asked that the chair disregard the usual courtesy, and appoint senators other than himself as members. of the above commitee.

CORRECTION AND APPROVAL OF JOURNAL.

The reading of the Journal was commenced and proceeded with until, on motion of Senator Glenn, the further reading and consideration thereof was dispensed with.

Senator Brown asked unanimous consent that the rules be suspended, an emergency declared, and Senate bill No. 220 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.

CONSIDERATION OF MOTIONS AND RESOLUTIONS.

Senator Myers called up Senate resolution No. 19, and moved that it be adopted.

Senator Stewart moved that Senate resolution No. 19 be referred to the Committee on Employees, with instructions

for them to use a part of the employees enumerated in the resolution for positions as janitors and doorkeepers of the committee rooms and to superintend the ventilation of the Senate chamber, and if after this is done there are any extra employees that they be discharged, which motion prevailed.

Senator Travis asked unanimous consent that the rules be suspended, and that he be given leave to introduce a petition, which consent was granted.

Senate petition No. 5, by Senator Travis, asking for the repeal of the Barnes high-school law, signed by E. H. Funston and 1606 others, was thereupon introduced and read, and referred to the Committee on Education.

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, and the Senate went into committee of the whole, with Senator Hamilton 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 progress and ask leave to sit again.

CLAD HAMILTON, Chairman.

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

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

AFTERNOON SESSION.

SENATE CHAMBER, TOPEKA, KAN.,
January 21, 1909-2 o'clock P. M.

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

The roll was called.

Absent by leave: Senator Leidy.

INTRODUCTION OF BILLS.

By Senator Myers: 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.

By Senator Carey: Senate bill No. 222, An act to establish a state fair at or near the city of Hutchinson, Reno county, Kansas, providing for the management thereof, and making appropriation therefor.

Also, Senate bill No. 223, An act to amend section 3 of chapter 246, Session Laws of 1907, entitled "An act to license

itinerant vendors of drugs, medicines, nostrums, ointments, or appliances of any kind for the treatment of diseases, injuries or bodily defects, and for the enforcement thereof, and further providing for the fees for licenses and the disposition thereof," and repealing said section 3.

Also, Senate bill No. 224, An act to amend sections 6 and 8 of chapter 271, Session Laws of 1901, entitled "An act defining pedlers, requiring them to take out a license, fixing the fee therefor, and providing penalties for the violation of this act," and repealing said original sections.

Also, Senate bill No. 225, An act in relation to persons hiring conveyances from livery-stables who fail and neglect to return the same to the owner thereof in fair condition, and providing a penalty for its violation.

Also, Senate bill No. 226, An act amending section 1349, article 8, chapter 23, of the General Statutes of 1901, the same being section 1 of chapter 152 of the Laws of 1893.

By Senator Fagerberg (by request): Senate bill No. 227, An act to regulate the practice of farriering and horseshoeing in the state of Kansas.

By Senator Stewart: Senate bill No. 228, An act to amend section 6 of chapter 273 of the Session Laws of 1907, and repealing said original section 6, being an act to permit of the free transportation of chapel or church cars used exclusively for religious worship.

By Senator Bender: Senate bill No. 229, An act to protect benevolent, humane, fraternal or charitable corporations in the use of their names and emblems, and providing penalties for the violation thereof.

By Senator Chapman: Senate bill No. 230, An act providing for the enlargement of the powers and duties of the state superintendent of insurance and creating a fire-marshal department under his supervision, and providing for the appointment of a fire marshal and his assistants and prescribing their duties, and regulating the establishment and management of the department, and appropriating funds for its support, and providing penalties for the violation of this act.

By Senator Avery: Senate bill No. 231, An act to establish at the Kansas State Agricultural College a division of forestry, under the direction of the Kansas Experiment Station, and appropriating funds for the support of the same.

By Senator Lower: Senate bill No. 232, An act amending section 25, article 3, chapter 28, of the General Statutes of 1901, fixing the terms of the district court of the twelfth judicial district.

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INTRODUCTION OF ORIGINAL MOTIONS AND RESOLUTIONS.

Senate concurrent resolution No. 13, by Senator Travis, Relating to the securing of pensions for the Kansas militia, was introduced and read.

The resolution was laid over, under the rules.

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, and the Senate went into committee of the whole, with Senator Hamilton 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. 75, An act apportioning the state of Kansas into representative districts, be amended as follows:

That the letter “s” at the end of the word "precinct,” in paragraph 2 of section 1, be stricken out.

That all after paragraph 4 of section 1, down to and including paragraph 53 of the same section, be stricken out and the following committee amendments inserted:

5. The fourth and fifth wards, city of Leavenworth, and the townships of Kickapoo, Easton, Alexandria and High Prairie, in the county of Leavenworth, shall constitute the fifth representative district.

6. The first, second, third and sixth wards, city of Leavenworth, shall constitute the sixth representative district.

7. The townships of Delaware, Fairmount, Tonganoxie. Reno, Stranger and Sherman, in the county of Leavenworth, shall constitute the sixth representative district.

8. The fourth, fifth and sixth wards of the city of Kansas City, in the county of Wyandotte, shall constitute the eighth representative district.

9. The first, second and third wards of the city of Kansas City, in the county of Wyandotte, shall constitute the ninth representative district.

10. All that part of Wyandotte county outside of Kansas City, Kan., shall constitute the tenth representative district.

11. The county of Johnson shall constitute the eleventh representative district. 12. First, second, fifth and sixth wards, city of Lawrence, and the townships of Grant, Lecompton. Kanawaka, Clinton, Marion and Willow Springs, all in Douglas county, shall constitute the twelfth representative district.

13. The third and fourth wards of the city of Lawrence and the townships of Wakarusa, Eudora and Palmyra, all in the county of Douglas, shall constitute the thirteenth representative district.

14. The county of Franklin shall constitute the fourteenth representative district.

15. The county of Miami shall constitute the fifteenth representative district. 16. The county of Linn shall constitute the sixteenth representative district. 17. The county of Anderson shall constitute the seventeenth representative district.

18. The county of Allen shall constitute the eighteenth representative district. 19. The townships of Drywood, Scott, and the city of Fort Scott, in the county of Bourbon, shall constitute the nineteenth representative district.

20. The county of Bourbon, excepting the townships of Drywood and Scott and the city of Fort Scott, shall constitute the twentieth represenative district.

21. The townships of Lincoln, Sherman. Washington. Crawford, Grant, Walnut, and the city of Girard, in the county of Crawford, shall constitute the twenty-first representative district.

22. The townships of Osage, Baker, Sheridan, and the city of Pittsburg, in the county of Crawford, shall constitute the twenty-second representative district.

23. The townships of Pleasant View, Cherokee, Mineral, Ross, Sheridan. Salamanca, Lola, Shawnee, and all of Weir City, in the county of Cherokee, shall constitute the twenty-third representative district.

24. The townships of Neosho, Lyon. Garden. Spring Valley, Lowell, Crawford, and all of Empire City, Galena, Columbus, and Baxter Springs, in the county of Cherokee, shall constitute the twenty-fourth representative district.

25. The townships of Mound Valley, Osage, Walton, Labette, Liberty, North,

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