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titled "An act fixing the terms of court in the third judicial district, and authorizing the judge of said district. court to appoint a stenographer therein and fixing his compensation," being chapter 111 of the laws of 1885.

Also, Senate bill No. 391, An act to amend section 5 of an act entitled "An act concerning appellate courts, defining their jurisdiction and proceedings therein,” which took effect February 27, 1895, and repealing said original section 5.

Also, Senate bill No. 392, An act to amend original sections 3, 5 and 17 of chapter 96 of the session laws of 1895, of an act entitled "An act concerning appellate courts, defining their jurisdiction and proceedings therein," and repealing said original sections.

Education and Educational Institutions:

Senate bill No. 380, An act to establish and permanently locate a state normal school at the city of Pittsburg, Crawford county, Kansas.

Also, Senate bill No. 387, An act to establish a county high school in Montgomery county, Kansas.

Temperance:

Senate bill No. 381, An act to amend "An act amendatory of and supplemental to chapter 128 of the session laws of 1881, being an act entitled 'An act to prohibit the manufacture and sale of intoxicating liquors, except for medicinal, scientific and mechanical purposes, and to regulate the manufacture and sale thereof for such excepted purposes," and to repeal certain sections of chapter 149 of the session laws of 1885.

Fees, Salaries, and Mileage:

Senane bill No, 385, An act regulating the fees and salaries of the county treasurer, county clerk, register of deeds, sheriff, county attorney and clerk of the district court of Ellsworth county, Kansas.

Committee of the Whole:

Senate bill No. 388, An act for the appropriation of interest received from the permanent fund of the Kansas state agricultural college.

Also, Senate bill No. 389, An act to provide for the payment of the bonded indebtedness of the state of Kansas held by individuals and corporations, due July 1, 1897, and July 1, 1898.

State Affairs:

Senate bill No. 390, An act regulating the inspection and sale of oils for illuminating purposes and heating purposes in the state of Kansas.

COMMUNICATIONS FROM STATE OFFICERS.

The following communication was read:

M. Watson, Esq., Secretary Senate:

February 3, 1897.

DEAR SIR--Your communication of February 3, 1897, with Senate resolution No. 55, received. Resolution is as follows:

"WHEREAS, It has been asserted by the attorney of the Santa Fe railroad that the alien land law supposed to have been passed by the Kansas legislature in 1891 did not in fact pass the legislature in proper manner, and is therefore void and of no effect; therefore, be it

"Resolved by the Senate, That the attorney-general of the state is hereby requested to inform this body whether in his opinion the law did pass, or whether further action will be necessary by this legislature to secure an alien land law."

The question as to whether the alien land law was ever properly passed by the legislature of 1891 is not free from doubt. The matter has been presented to one district court for determination, and it was there held that law did not properly pass. There was no appeal taken, and this is the only adjudication in any court upon the question.

After some careful consideration, I am forced to the conclusion that the law did not properly pass, and that if your honorable body desires an alien land law, it will require further action by this legislature. Respectfully, L. C. BOYLE, Attorney General.

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 substitute for House bill No. 217, An act making appropriation of interest received from the permanent fund of the Kansas state agricultural college, and for current expenses of said institution for the fiscal years ending June 30, 1898, and June 30, 1899.

Also, substitute for House bill No. 165, An act making appropriations for deficiency in the current expenses of the Kansas state agricultural college for the fiscal year ending June 30, 1897.

Also, substitute for House bill No. 216, An act making appropriations for buildings, improvements, apparatus and certain expenses

at the Kansas state agricultural college for the fiscal years ending June 30, 1898, and June 30, 1899.

Also, House bill No. 439, An act making appropriations for the current expenses of the Osawatomie insane asylum, for repainting the institution, for repair of the laundry, and for one new engine, for the fiscal years ending June 30, 1898, and June 30, 1899.

Also, House bill No. 123, An act to amend section 210 of chapter 31 of the general statutes of 1868, entitled "An act regulating crimes and punishments," being section 2347 of the general statutes of 1889, and to repeal said section.

Also, House bill No. 68, An act to regulate the weight and measure of Kafir-corn.

The bills are transmitted herewith.

A. D. GILPIN, Chief Clerk.

The following House bills were read the first time: House bill No. 123, An act to amend section 210 of chapter 131 of the general statutes of 1868 entitled "An act regulating crimes and punishments," being general section 2347 of the general statutes of 1889, and to repeal said section.

Also, House bill No. 68, An act to regulate the weights and measures of Kafir-corn.

Also, House bill No. 439, An act making appropriation for current expenses of the Osawatomie insane asylum, for repainting the institution, for repair of the laundry and for one new engine, for the fiscal years ending June 30, 1898, and June 30, 1899. ·

Also, substitute for House bill No. 217, An act making appropriation of interest received from the permanent fund of the Kansas state agricultural college and for current expenses of said institution for the fiscal years ending June 30, 1898, and and June 30, 1899.

Also, substitute for House bill No. 165, An act making appropriations for the deficiency in the current expenses of the Kansas state agricultural college for the fiscal year ending June30, 1897.

Also, substitute for House bill No. 216, An act making appropriations for buildings, improvements, apparatus and certain expenses at the Kansas state agricultural college for the fiscal years ending June 30, 1898, and June 30, 1899.

MR. PRESIDENT: I am directed by the House to inform the Senate that the House has adopted House concurrent resolution No. 11, Inviting Hon. Wm. J. Bryan to address the Kansas legislature.

Also, has adopted Senate concurrent resolution No. 14, In relation to an interstate railroad.

The resolutions are herewith transmitted.

A. D. GILPIN, Chief Clerk.

House concurrent resolution No. 11 was read, and laid over under the rules.

REPORTS OF STANDING COMMITTEES.

Senator Benson, chairman of Committee on Assessment and Taxation, submitted the following report:

MR. PRESIDENT: Your Committee on Assessment and Taxation, to whom was referred Senate bill No. 39, An act providing for the levying of a county tax for the support of the common schools of the counties, and providing for the distribution of money raised by said county tax, 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, for the reason that Senate bill No. 111, previously favorably recommended, covers the same general grounds.

Also, Senate bill No. 209, An act providing for the levying of a state tax for the support of the common schools of the state, and providing for the distribution of the money raised by said tax, 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. 327, An act relating to taxation and amendatory of section 1 of chapter 110 of the laws of 1893, entitled “An act relating to taxation and redemption, and amendatory of sections 6940, 6976, 6981, 6987, 6988 and 6996 of the general statutes of 1889," 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. 138, An act providing that full credit shall be given for the payment of taxes upon mortgaged property in proportion to the ratio the mortgage holds to the assessed valuation of the mortgaged property, have had the same under consideration, and instruct me to report the bill back to the Senate with the recommendation that it be passed. W. F. BENSON, Chairman. Senator Helmick, chairman of Committee on Millitary Affairs and Claims, submitted the following report:

MR. PRESIDENT: Your Committee on Military Affairs and Claims, to whom was referred Senate bill No. 71, An act to enable any citizen to make proof of losses sustained in the years 1861, 1862, 1863, 1864, and 1865, by bands of marauders invading the state of

Kansas in these years, and establishing a judicial tribunal, have had the same under consideration, and recommend that it be amended by inserting the following:

Sec. 5. No warrant on the state treasury shall be issued by the state auditor nor shall any money be paid out of the treasury under the provisions of this act until the United States shall have paid into the treasury of the state on reimbursement for expenditures made by the state of Kansas for military purposes, and upon the payment of any sum of money into the state treasury by the United States, as provided herein, the auditor of state shall draw his warrant on the state treasury in favor of the persons entitled thereto, which warrant shall be paid by the state treasurer as other warrants are paid.

Sec. 5 of this bill to be section 6, and so on consecutively, and when so amended the bill be reported for passage.

J. HELMICK, Chairman. Senator King, chairman of Committee on Agriculture and Irrigation, submitted the following report:

MR. PRESIDENT: Your Committee on Agriculture and Irrigation, to whom was referred Senate bill No. 321, An act legalizing the Kansas state poultry association, to define certain duties of said association, to make an annual appropriation therefor, and fixing a penalty for the misappropriation of any money hereby granted, 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. 300, An act for the protection of birds, and naming what birds shall not be killed, and prohibiting the transportation and sale of certain birds, and prescribing punishment for the violation of the provisions of this act, and to repeal paragraphs 3195, 3196, 3197, 3198, 3199, 3200, 3201, 3202, 3203, being all of chapter 45 of the general statutes of 1889, relating to game, and sections 1, 2, 3, 4, 5, 6, 7, and 8 of chapter 97 of the session laws of 1893, relating to the game law, have had the same under consideration, and instruct me to report the bill back to the Senate with the recommendation that it be passed, and considered in connection with Senate bill No. 33.

Also, Senate bill No. 232, An act to establish a department for the inspection, grading, weighing, and appointment of chief inspector and assistant inspectors and weigh masters of grain in the state of Kansas, and to repeal all acts and parts of acts in conflict with 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 as amended, by inserting in section 15, line 3, after the word “grain,” the following words: "and have power to adjust or condemn the scales." In section 15, line 4, after the word "act," strike out the following words: "for the purpose of inspection of scales." In section 18, line 3, after the word "inspector," insert the words "or weighers." L. P. KING, Chairman.

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