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A constitutional majority having voted in favor of the passage of the bill, the bill passed, and the title was agreed to.

Senator Cubbison moved that the rules be suspended, and House bill No. 271 be placed on third reading at this time.

The motion prevailed.

House bill No. 271, An act in relation to the hour of opening the polls at elections in cities of the first class, and amending section 2727 of the General Statutes of 1901, being section 34, chapter 129, of the Laws of 1897, was read the third time, and the question being, Shall the bill pass? the roll was called, with the following result : Yeas 24, nays 2; absent or not voting, 14.

Senators voting in favor of the passage of the bill were : Branine, Buschow, Caldwell, Chaney, Crum, Cubbison, Gabriel, Henley, Householder, Hurrel, Kennedy, King, Leidy, McKnight, Morehouse, Pestana. Porter, Simons, Sponable, Stewart, Tapp, Ward, White, and Wulfekuhler.

Senators voting in the negative were: Allen and Peter

son.

Senators absent or not voting were: Carpenter, Cod. ding, Conrad, Findlay, Fitzpatrick, Fullington, Fulton, McMillan, Miller, Morrow, Noftzger, Smith, Vincent, and Wright.

A constitutional majority having voted in favor of the passage of the bill, the bill passed, and the title was agreed to.

Senator Caldwell moved that the Senate consider Senate bills for the remainder of the day, with the exception of House bill No. 359 and appropriation bills.

The motion prevailed.

Substitute for House bill No. 359, An act for the preservation of the health of the inhabitants of cities of the second class, providing for the abatement of nuisances therein, and taxing the costs of such abatement thereof to the property on which the nuisance is situated, was read the third time, and the question being, Shall the bill pass ? the roll was called, with the following result: Yeas 27, nays 2; absent or not voting, 11.

Senators voting in favor of the passage of the bill were: Branine, Buschow, Caldwell, Carpenter, Codding, Fulton, Gabriel, Henley, Householder, Hurrel, Kennedy, King, Leidy, McKnight, McMillan, Miller, Morehouse, Noftzger, Pestana, Peterson, Porter, Simons, Sponable, Stewart, Ward, Wright, and Wulfekuhler.

Senators voting in the negative were: Allen and Crum.

Senators absent or not voting were : Chaney, Conrad, Cubbison, Findlay, Fitzpatrick, Fullington, Morrow, Smith, Tapp, Vincent, and White.

A constitutional majority having voted in favor of the passage of the bill, the bill passed, and the title was agreed to.

On motion of Senator Simons, House bill No. 40 was stricken from the Calendar.

Senate bill No. 416, An act to amend section 6498 of the General Statutes of 1901, and to provide for a suitable headstone to mark the graves of deceased ex-Union soldiers, sailors, or marines.

Senator Stewart moved to strike out the enacting clause.

Senator Kennedy moved as a substitute that Senate bill No. 416 be laid over indefinitely.

The substitute prevailed.

Senate bill No. 142, An act to prevent and punish the desecration of the flag of the United States, was read the third time, and the question being, Shall the bill pass? the roll was called, with the following result : Yeas 34, nays 2; absent or not voting, 4.

Senators voting in favor of the passage of the bill were: Allen, Buschow, Caldwell, Chaney, Codding, Conrad, Crum, Cubbison, Findlay, Fulton, Gabriel, Householder, Hurrel, Kennedy, King, McKnight, McMillan, Miller, Morehouse, Morrow, Noftzger, Pestana, Peterson, Porter, Simons, Smith, Sponable, Stewart, Tapp, Vincent, Ward, White, Wright, and Wulfekuhler.

Senators voting in the negative were: Branine and Fitzpatrick

Senators absent or not voting were: Carpenter, Fullington, Henley, and Leidy.

A constitutional majority having voted in favor of the passage of the bill, the bill passed, and the title was agreed to. Senator Cubbison moved that the report of the committee to which was referred House bill No. 543 be read at this time.

The motion prevailed, and the report was read.

On motion of Senator Cubbison, the rules were sus. pended, and House bill No. 543 was placed on third reading at four o'clock P. M., subject to amendment and debate.

The report of the conference committee on Senate bill No. 114 was called up.

Senator Smith moved that the House amendments to Senate bill No. 114 be read at this time, and that all further business be dispensed with until two o'clock P. M.

The question being on the motion of Senator Smith, a roll-call was demanded.

The roll was called, with the following result: Yeas 13, nays 22; absent or not voting, 5.

Senators voting in the affirmative were: Branine, Caldwell, Carpenter, Codding, Crum, Findlay, Fitzpatrick, Hurrel, Leidy, Morehouse, Noftzger, Pestana, Simons, and Smith.

Senators voting in the negative were: Allen, Buschow, Chaney, Conrad, Cubbison, Findlay, Fulton, Gabriel, Householder, Kennedy, King, McKnight, McMillan, Mil. ler, Morrow, Peterson, Porter, Sponable, Tapp, Vincent, Wright, and Wulfekuhler.

Senators absent or not voting were: Fullington, Henley, Stewart, Ward, and White.

A majority baving voted in the negative, the motion was lost.

Senator Cubbison asked consent to have House bill No. 543 read at this time.

The request was granted.

On motion of Senator Noftzger, all other business was ordered dispensed with until two o'clock P. M.

Senator Noftzger introduced Senate resolution No. 76, as follows:

Resolved, By the Senate, that the committee appointed by Senate resolution No. 38 to investigate the merger or combination of the Kansas City, Fort Scott & Memphis Railroad Company and the Kansas City, Fort Scott & Memphis Railway Company with the St.

Louis & San Francisco Railroad Company be and it is hereby instructed to sit in vacation, and after the close of the present session of the Senate to investigate said merger or combination, its existence, nature, and terms, and the effect thereof upon freight and passenger rates upon said lines; that said committee shall have full power to subpæna witnesses, administer oaths thereto, and to take testimony, and to require the production of books and papers, to the end that a full investigation may be had, and make report of their investigation to the governor in writing; and be it further

Resolved, That the said committee shall not be allowed any expenses or fees, except the expense of a stenographer during the time actually employed, and witness fees; said services and fees to be certified by the chairman of the committee.

The resolution was adopted.

MESSAGES FROM THE HOUSE. MR. PRESIDENT: I am directed by the House to inform the Sen. ate that the House has passed House bill No. 988, An act to amend section 7309 of the General Statutes of 1901, and repealing said section 7309. The bill is transmitted herewith.

W. P. Mason, Chief Clerk. MR. PRESIDENT: I am directed by the House to inform the Senate that the House has concurred in Senate amendments to House bill No. 734, An act making appropriations for the current expenses of the Osawatomie State Hospital for the fiscal years ending June 30, 1904, and June 30, 1905, and for the purchase of additional lands, for the erection of a stand-pipe, for the building of an ice plant, and for the macadamizing of a road. W. P. Mason, Chief Clerk.

MR. PRESIDENT: I am directed by the House to inform the Senate that the House has asked for a conference committee on House bill No. 50.

W. P. Mason, Chief Clerk. MR. PRESIDENT: I am directed by the House to inform the Senate that the House has appointed the following conference committee on House bill No. 50: Francis, Adams of Butler, and Kinkel.

W. P. Mason, Chief Clerk. MR. PRESIDENT: I am directed by the House to inform the Senate that the House has passed House bili No. 989, An act relating to certain school districts pamed herein. The bill is transmitted herewith.

W. P. Mason, Chief Clerk. MR. PRESIDENT: I am directed by the House to inform the Senate that the House has passed House bill No. 971, An act to authorize the board of county commissioners of Sedgwick county, Kansas, to make a special levy for bridge purposes in said county, and to build permanent bridges and make necessary bridge repairs in said county, and to repeal section 2, chapter 76, Laws of 1879, section 2, chapter 64, Laws of 1876, being section 1641 of the General Statutes of 1901, and so much of section 1, chapter 70, Laws of 1879, being section 580 of the General Statutes of 1901, as conflicts herewith, and all other acts and parts of acts in conflict herewith, so far as the same affect said Sedgwick county, are hereby repealed; and providing further, that no lovy shall be made under section 21, chap. ter 108, of the Laws of 1874.

Also, passed House bill No. 816, An act to amend section 1 of chapter 55 of the Laws of 1895, of an act entitled “An act authorizing the cities of the second class to purchase, procure, provide, contract for and construct water-works, electric lights and gas plants, and to issue bonds for the indebtedness created thereby," and to give such cities the power to purchase telephone plants and other public utilities.

Also, has adopted report of the conference committee on House bill No. 827, An act relating to the State Penitentiory, and making appropriations for the fiscal years ending June 30, 1904, and June 30, 1905, and for the balance of the fiscal year ending June 30, 1903, and for the purchase of additional grounds.

Also, concurred in Senate amendments to House bill No. 271, An act in relation to the hour of opening the polls at elections in cities of the first class, and amending section 2727 of the General Statutes of 1901, being section 34, chapter 129, of the Laws of 1897. The bills are transmitted herewith.

W. P. Mason,

Chief Clerk. REPORTS OF STANDING COMMITTEES. Senator Chaney, chairman of the Committee on Ways and Means, offered the following reports :

MR. PRESIDENT: Your Committee on Ways and Means, to whom was referred House bill No. 977, An act making appropriations for the relief of Bert Davis, 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, House bill No. 602, An act relatiog to state educational institutions, making an appropriation therefor, prescribing the manner of paying the faculties thereof and teachers and employees therein, together with any appropriations for buildings and repairs and interest and endowment, and abolishing the position of treasurer in the board controlling the same, and instruct me to report the bill back to the Senate with the recommendation that it be passed.

Also, House bill No. 978, An act making appropriation for the relief of George Hatter, and instruct me to report the bill back to the Senate with the recommendation that it be passed.

Also, House bill No. 913, An act relating to the hard-fiber twine

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