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Senators voting in the negative were: Messrs. Armstrong, Benson, Caldwell, Campbell, Cooke, Crossan, Farrelly, Forney, Harris, Hart, Helm, Helmick, Householder, Jumper, King, Lewelling, Lupfer, Mosher, Pritchard, Reser, Ryan, Titus, Young, Zimmer.

Senators absent or not voting were: Messrs. Field, Hanna, Johnson, Shaffer, Sheldon, Stocks.

The amendment was not adopted.

A vote being taken on Senate concurrent resolution No. 7, the yeas and nays were demanded.

The question being, Shall the resolution be adopted? the roll was called with the following result: Yeas 26, nays 9; absent or not voting, 5.

Senators voting in favor of the resolution were: Messrs. Armstrong, Benson, Braddock, Caldwell, Campbell, Cooke, Crossan, Farrelly, Field, Forney, Harris, Hart, Helm, Helmick, Householder, Jumper, King, Lewelling, Lupfer, Matthews, Pritchard, Reser, Ryan, Titus, Young, Zimmer.

Senators voting in the negative were: Messrs. Battey, Coleman, Fulton, Hessin, Lamb, Matthews, Morrow, Sterne, Wallack.

Senators absent or not voting were: Messrs. Fulton, Hanna, Johnson, Shaffer, Sheldon, Stocks.

A majority having voted in favor of the resolution, the resolution was adopted.

Senate resolution No. 47 was then read, and is as follows:

Resolved by the Senate of the State of Kansas, That the Senate, in the contest of Samuel A. Riggs, contestor, against Charles A. Smart, contestee, relating to the office of judge in the fourth judicial district, will, on the 25th day of February, 1897, at the hour of 10 o'clock in the forenoon, meet in its chamber, and will then commence the hearing of such contest, and will continue the hearing thereafter from day to day, at the convenience of the Senate, until the hearing shall be completed; and be it further

Resolved, That certified copies of the notice filed by the contestor shall be served on Charles A. Smart, contestee, in person, if the same can be done, and if not, then by leaving a copy at his usual place of residence, and that the clerk of the Senate is hereby further directed to notify Charles A. Smart, contestee, that he is, on the 5th day of

February, 1897, required to attend in the Senate chamber to answer said contest; and be it further

Resolved, That Solon Gray, sergeant-at-arms, is hereby appointed the person to make such notice; and it is further

Resolved, That, for the purpose of expediting a hearing, a special contest committee is hereby appointed, consisting of three members to be designated by the president, whose duty it shall be, as an aid to the Senate, to canvass the ballots of such precincts in the fourth judicial district as may be suggested by either contestor or contestee, which are within the notice and answer, and shall report on the day named, with the ballots, their tallies or count of the vote of such precincts, of all clear votes about which there is no dispute, and shall also present all disputed ballots for the action of the Senate.

A majority having voted in favor of the resolution, the resolution was adopted.

Senator Cooke asked leave of absence until 4 o'clock P. M., Monday. Leave of absence was granted.

Senate resolution No. 49 was read and referred to the Committee on Employees.

Senate resolution No. 50 was then read, and laid over. By unanimous consent, Senator Helm offered a substitute for Senate resolution No. 37.

Senate resolution No. 37 was then read.

Substitute proposed for Senate resolution No. 37 was then read.

Senator Farrelly moved that Senate resolution No. 37 and the substitute therefor be laid over and printed. The motion prevailed.

By unanimous consent, Senator Jumper, chairman of the Committee on Correction and Approval of the Journal and the Committee on Fees. Salaries and Mileage, submitted the following reports:

MR. PRESIDENT: Your Committee on Correction of the Journal, to whom was referred the Journal of January 27, 1897, recommend that on page 5, second line, the words, "of Representatives" be added after the word "House.” On page 6, under the head of “Education and Educational Institutions," fourth line, the word "therefor be inserted in place of "thereof." On page 16, fourth line, the word "motion" be inserted in place of "resolution."

H. G. JUMPER, Chairman.

MR. PRESIDENT: Your Committee on Fees and Salaries, to whom was referred Senate Bill No. 292, An act regulating the fees and sal

aries and prescribing certain duties of the county officers of Nemaha county, Kansas, 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, Senate bill No. 284, An act regulating the fees and salaries of the county treasurers, county clerk, county attorney, probate judge, register of deeds, clerk of the district court, county superintendent of public instruction, and sheriff, of Cowley county, Kansas, and providing penalties for the violation thereof, and instruct me to report the bill back to the Senate with the recommendation that it be passed:

Also, Senate bill No. 314, An act repealing an act entitled "An act regulating the compensation of certain officers of the city of Marion,” and instruct me to report the bill back to the Senate with the recommendation that it be passed.

H. G. JUMPER, Chairman.

By unanimous consent, the report of the Committee on Education and Educational Institutions, relating to Senate resolution No. 11, was considered.

On motion, the report of the committee was adopted, making a special order at 3 o'clock this afternoon for considering Senate resolution No. 11.

By unanimous consent, Senator Campbell introduced Senate petition No. 9, relating to the referendum.

Senator Hart moved the rules be suspended and the appointment of Webb McNall, as insurance commissioner for the unexpired term of Geo. T. Anthony, be now confirmed in open session.

The motion prevailed.

The question being, Shall the appointment of Webb McNall as insurance commissioner for the unexpired term be confirmed? the roll was called, with the following resule: Yeas 35, nays 0; absent or not voting, 5.

Senators voting in the affirmative were: Messrs. Armstrong, Battey, Benson, Braddock, Caldwell, Campbell, Coleman, Crossan, Farrelly, Field, Forney, Fulton, Harris, Hart, Helmick, Hessin, Householder, Johnson, Jumper, King, Lamb, Lewelling, Lupfer, Matthews, Morrow, Mosher, Pritchard, Reser, Ryan, Sheldon, Sterne, Stocks, Titus, Young, and Zimmer.

Senators absent or not voting were: Messrs. Cooke, Hanna, Helm, Shaffer, and Wallack.

By unanimous consent, Senator Zimmer, chairman of the Committee on Cities of the First Class, submitted the following report:

MR. PRESIDENT: Your Committee on Cities of the First Class, to whom was referred a message from the governor, announcing the appointment of members of the police board for the city of Topeka, have had the same under consideration, and instruct me to report the message back to the Senate with the recommendation that the appointments be confirmed. H. T. ZIMMER, Chairman,

Senator Zimmer moved the rules be suspended and the appointment of the board of police commissioners of Topeka be now confirmed in open session.

The motion prevailed.

The question being, Shall the appointment of J. B. Billard, M. D. Henderson, and Wilson Keith be confirmed? the roll was called, with the following result: Yeas 32, nays 0; absent or not voting, S.

Senators voting in favor of the confirmation were: Messrs. Armstrong, Battey, Benson, Braddock, Caldwell, Campbell, Coleman, Crossan, Farrelly, Field, Forney, Fulton, Helm, Helmick, Householder, Johnson, Jumper, King, Lamb, Lewelling, Lupfer. Matthews, Morrow, Mosher, Pritchard, Reser, Ryan, Sheldon, Sterne, Titus, Young, and Zimmer.

Senators absent or not voting were: Messrs. Cooke, Hanna, Harris, Hart, Hessin, Shaffer, Stocks, and Wallack.

A majority having voted for the confirmation, the confirmation was made.

Senator King moved to adjourn.
The motion prevailed.

AFTERNOON SESSION.

SENATE CHAMBER,

Topeka, Kas., January 29, 1897-2 o'clock P. M. Senate met pursuant to adjournment; president pro tem. in the chair.

The roll was called; a quorum present.

Absent: Messrs. Cooke and Hanna.

The sergeant-at-arms announced a message from the governor.

The governor's private secretary submitted a message in writing.

COMMITTEE OF THE WHOLE.

Senator Helmick 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 Hessin 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 has 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. 15, An act for the establishment of a state normal school at the city of Wichita, be laid over and retain its place on the calendar;

Also, Senate bill No. 153, An act to establish and permanently locate a state normal school at Concordia, Kas., and making an appropriation therefor, be laid over and retain its place on the calendar;

Also, Senate bill No. 100, An act to provide for the establishment of a state normal school at Fort Scott, Kas., and to provide for the purchase of the property of the Kansas normal college at said place, be laid over and retain its place on the calendar ;

Also, Senate bill No. 9, An act to amend paragraph 6850, being chapter 107, article 3, and repealing the same, and relating to taxation, be passed:

Also, Senate bill No. 86, An act in relation to the collection of delinquent taxes on real estate bid off by counties at tax sales, and providing for a sale of such real estate, be laid over and retain its place on the calendar;

Also, substitute for Senate bill No. 26, An act to provide for the punishment of mortgagors of personal property for selling, transfer

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