city of Salina, Saline county, Kansas, to exclude the same from the limits of said city and to make the same a part of Smoky Hill township in said county and state. Also, Senate bill No. 352, An act to vacate certain streets and alleys in the city of Oskaloosa, Jefferson county, Kansas. Also, House bill No. 45, An act empowering city clerks of cities of the second and third class to administer oaths. Charitable Institutions: Senate bill No. 351, An act authorizing the board of trustees of the state charitable institutions to contract for fuel for heating the charitable institutions and amending section 4, chapter 87, of the laws of Kansas of 1879, entitled "An act authorizing the sinking of a shaft and mining coal at the state penitentiary, and making appropriation for the same. Senator Coleman moved that an emergency be declared, and Senate bill No. 357 be read the second time and referred to Committee on Education and Educational Institutions. The motion prevailed. The bill was read the second time, as follows: Senate bill No. 357, An act to authorize the establishment and maintenance of county high schools, and being supplemental to chapter 147 of the laws of 1886.being an act to authorize the establishment and maintenance of county high schools. The bill was referred to the Committee on Education and Educational Institutions. By unanimous consent, Senator Forney introduced Senate concurrent resolution No. 13, which was read and laid over. CONSIDERATION OF MESSAGES FROM THE HOUSE OF REPRESENTATIVES. MR. PRESIDENT: I am directed by the House to inform the Senate that the House has passed the following bills: House bill No. 121, An act making appropriations for the current expenses of the university of Kansas, and for the erection and equipment of certain buildings for said university. Also, House bill No. 79, An act to empower the city council of the city of Topeka to transfer the money now in the city treasury for prospecting for coal to the park fund, and to use the same to purchase and improve parks. Also, House bill No. 114, An act authorizing school district No. 10, in Pottawatomie county, to issue bonds for the purpose of repairing and furnishing the school house in said district. Also, House bill No. 70, An act to declare the organization of school district No. 10, Woodson county, Kansas, dissolved, and empowering the county superintendent to dispose of all property now on hand or which shall hereafter be collected. Also, House bill No. 117, An act to change school districts numbered 1, 2, 3, 4, 5, 23, and joint district No. 21, in Seward county, Kansas. I am also directed by the House to inform the Senate that the House has nonconcurred in Senate concurrent resolution No. 7. The bills and resolution are transmitted herewith. A. D. GILPIN, Chief Clerk. The following bills were then read the first time: House bill No. 79, An act to empower the city council of the city of Topeka to transfer the money now in the city treasury for prospecting for coal to the park fund, and to use the same to purchase and improve parks. House bill No. 114, An act authorizing school district No. 10, in Pottawatomie county, to issue bonds for the purpose of repairing and furnishing the school house in said district. House bill No. 70, An act to declare the organization of school district No. 10, Woodson county, Kansas, dissolved, and empowering the county superintendent to dispose of all property now on hand or which shall hereafter be collected. House bill No. 117, An act to change school districts numbered 1, 2, 3, 4, 5, 23, and joint district No. 21, in Seward county, Kansas. REPORTS OF STANDING COMMITTEES. Senator Titus, chairman of Committee on Education and Educational Institutions, submitted the following report: MR. PRESIDENT: Your Committee on Education and Educational Institutions, to whom was referred Senate bill No. 336, being entitled "An act relating to partially depopulated school districts in counties having a population of less than three thousand," 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. A. J. TITUS, Chairman, Senator Pritchard, chairman of the Committee on Temperance, submitted the following report: MR. PRESIDENT: Your Committee on Temperance, to whom was referred Senate bill No. 254, 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. LEVI PRITCHARD, Chairman. Senator Benson, for Senator Armstrong, chairman of Committee on Penal Institutions, submitted the following report: MR. PRESIDENT: Your Committee on Penal Institutions, to whom was referred Senate bill No. 136, An act creating a board of control of the penal institutions of the state, and prescribing its duties, for the management and control of the state penitentiary, the Kansas industrial reformatory and the state reform school: to abolish the board of directors of the state penitentiary, the board of managers of the Kansas state industrial reformatory and the board of pardons, to provide for the classification of prisoners confined in the state penitentiary, for their description and conditional liberation, and repealing all acts and parts of acts in conflict with the provisions of this act, have had the same under consideration, and instruct me to report the bill back to the Senate with the recommendation that it be printed. JNO. ARMSTRONG, Chairman. Senator Sheldon, chairman of Committee of Cities of Second and Third Class, submitted the following report: MR. PRESIDENT: Your Committee on Cities of the Second and Third Class, to whom was referred Senate bill No. 312, being An act regulating the changing of cities of the second class to cities of the third class, 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. 236, An act authorizing the city of Hutchinson to fund its floating indebtedness by issuing funding bonds, 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. 306, An act to amend paragraph 769, section 15 of general statutes of 1889, relating to cities of the second class, and providing for the election of a city assessor, street commissioner, city marshal and city clerk, have had the same under consideration, and instruct me to report the bill back to the Senate with the recom mendation that it be not passed for the reason that we have recommended the passage of Senate bill No. 276, a bill of similar import. Also, Senate bill No. 229, An act to vacate certain lots, blocks, streets, alleys and public grounds in J. C. Rash & Son's addition, Hughs addition, Eberhart's addition and West Park additions to the city of Salina, Saline county, Kansas, and to exclude the same from the limits of said city, and to make the same a part of Smoky Hill township in said county and state, 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. 276, Being an act to amend paragraph 769 of the compiled laws of 1889, relating to cities of the second class, and providing for the election of city officers, including city clerk, city attorney, treasurer, city engineer, and street commissioner, and for other purposes, have had the same under consideration, and instruct me to report the bill back to the Senate with the recommendation that it be passed, with the following amendments: That in section 1, line 3, the words "city marshal" be stricken out, and in section 2, line 7, after word council, "city marshal" be inserted. Also, Senate bill No. 304, An act to vacate certain parts of town sites in Riley county, state of 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. H. F. SHELDON, Chairman. The chairman of Committee on Employees submitted the following report: MR. PRESIDENT: Your Committee on Employees, to whom was referred Senate resolution No. 48; also, motion of Senator Shaffer, and motion of Senator Lupfer, and resolution No. 49, by Senator Benson, have had the same under consideration, and instruct me to report as follows: That your committee finds that it is not necessary to add any assistant journal clerks, but recommend that the stenographer at large be required to do the typewriting for the secretary of the Senate, and when not so occupied to do such other work as the Senators may require as far as practicable. The sergeant-at-arms informs your committee that he is unable to keep a page at the telephone, and, according to resolution No. 49, your committee have employed Miss Cora Repperton to fill that position. JOHN ARMSTRONG, Chairman. Consideration of the report was postponed until the chairman of the committee be present. CONSIDERATION OF MOTIONS AND RESOLUTIONS. Substitute for House concurrent resolution No. 5 was then read, and is as follows: WHEREAS, The supreme court of the United States has decided that an income tax is unconstitutional: therefore, be it Resolved by the House of Representatives, the Senate concurring therein, That our senators in congress be instructed and our representatives be requested to endeavor to procure such amendments to the constitution as will permit a graduated income tax or graduated property tax. Senator Farrelly offered as a substitute for the substitute to House concurrent resolution No. 5 the following: WHEREAS, The supreme court of the United States has decided that the income tax passed by congress in 1894 is unconstitutional: therefore, be it Resolved by the House of Representatives, the Senate concurring therein, That our senators in congress be instructed, and our representatives be requested, to endeavor to pass such a law placing a tax upon incomes as, in the light of the decisions of that court for the past century, will avoid constitutional objections. Senator Hessin moved the previous question. The question being, Shall the substitute for the substitute to House concurrent resolution No. 5 be adopted? the roll was called, with the following result: Yeas 27, nays 9; absent or not voting, 4. Senators voting in favor of the resolution were: Messrs. Benson, Braddock, Cooke, Farrelly, Field, Forney, Fulton, Hanna, Harris, Hart, Helm, Helmick, Householder, Jumper, King, Lewelling, Lupfer, Mosher, Pritchard, Reser, Ryan, Shaffer, Sheldon, Sterne, Titus, Young, and Zimmer. Senators voting in the negative were: Messrs. Battey, Campbell, Coleman, Hessin, Johnson, Lamb, Matthews, Morrow, and Wallack. Senators absent or not voting were: Messrs. Armstrong, Caldwell, Crossan, and Stocks. The substitute for House concurrent resolution No. 5 was adopted. |