A constitutional majority having voted in favor of the passage of the bill, the bill passed, and the title was agreed to. House bill No. 251, An act to amend an act approved February 29, 1868, entitled "An act providing for the selection and summoning of grand and petit jurors," was read the third time, and the question being, Shall the bill pass? the roll was called, with the following result: Yeas 27, nays 0; absent or not voting, 13. Senators voting in favor of the passage of the bill were: Branine, Buschow, Caldwell, Carpenter, Chaney, Codding, Crum, Cubbison, Findlay, Gabriel, Henley, Householder, Hurrel, Kennedy, King, Leidy, McKnight, Miller, Morehouse, Noftzger, Pestana, Peterson, Porter, Stewart, Tapp, White, and Wright. Senators absent or not voting were: Allen, Conrad, Fitzpatrick, Fullington, Fulton, McMillan, Morrow, Simons, Smith, Sponable, Vincent, Ward, and Wulfekuhler. A constitutional majority having voted in favor of the passage of the bill, the bill passed, and the title was agreed to. House bill No. 729, An act in relation to roads and highways, and amendatory of chapter 108 of the Laws of 1874, was read the third time, and the question being, Shall the bill pass? the roll was called, with the following result: Yeas 21, nays 8; absent or not voting, 11. Senators voting in favor of the passage of the bill were: Branine, Caldwell, Chaney, Codding, Crum, Cubbison, Fulton, Gabriel, Householder, Kennedy, King, Leidy, McKnight, Miller, Morehouse, Noftzger, Porter, Simons, Stewart, Tapp, and Wright. Senators voting in the negative were: Carpenter, Conrad, Findlay, Hurrel, McMillan, Morrow, Pestana, and White. Senators absent or not voting were: Allen, Buschow, Fitzpatrick, Fullington, Henley, Peterson, Smith, Sponable, Vincent, Ward, and Wulfekuhler. A constitutional majority having voted in favor of the passage of the bill, the bill passed, and the title was agreed to. REPORT OF CONFERENCE COMMITTEE. To the President of the Senate and the Speaker of the House of Representatives: Your committee of conference, to which was referred House bill No. 50, have had the same under consideration, and beg leave to report as follows: That the Senate amendment to the title be agreed to. That Senate amendment to line 1, section 2, be agreed to. That Senate amendment to section 5 be stricken out and that section 5 of the bill be amended so as to read as follows: "Sec. 5. Immediately upon the passage of this act the governor shall issue a proclamation designating a certain day, not later than ninety days from the date of said proclamation, upon which an election shall be held in the counties of Allen and Woodson for the purpose of electing a judge of the district court provided for in this act in the said thirty-seventh district, who shall hold his office until the next general election and until his successor shall be elected and qualified. The salary of such judge shall be $2500 per annum, payable in the same manner as the salaries of other judges of the district courts of the state, and the auditor of state is hereby authorized to draw his warrant upon the treasurer for the payment of said salary out of any moneys not otherwise appropriated." That Senate amendment to section 8 be stricken out. JOHN C. CARPENTER, SAM'L J. STEWART, Conferees on the part of the Senate. JOHN FRANCIS, Conferee on the part of the House. The question being, Shall the report of the conference committee be adopted? the roll was called, with the following result: Yeas 27, nays 0; absent or not voting, 13. Senators voting in the affirmative were: Branine, Buschow, Caldwell, Carpenter, Chaney, Codding, Crum, Cubbison, Findlay, Gabriel, Henley, Householder, Hurrel, Kennedy, King, Leidy, McKnight, Miller, Morehouse, Noftzger, Pestana, Peterson, Porter, Stewart, Tapp, White, and Wright. Senators absent or not voting were: Allen, Conrad, Fitzpatrick, Fullington, Fulton, McMillan, Morrow, Simons, Smith, Sponable, Vincent, Ward, and Wulfekuhler. A constitutional majority having voted in favor of adopting the report of the conference committee, the report was adopted. -66 Sen. On motion of Senator Codding, an emergency was declared, the rules suspended, and House bill No. 746 was placed on second reading. On motion of Senator Codding, the rules were suspended, and House bill No. 746 was placed on third reading, subject to amendment and debate. House bill No. 746, An act relating to cities of the second and third class, empowering such cities to obtain water, heat, light, and power, and excepting said cities. from the operation of chapter 82 of the Laws of 1897 and acts amendatory thereof, in so far as the same conflict with this act, was read the third time. Senator Carpenter moved to amend House bill No. 746 by adding to section 4, the following: "And provided further, that any such city shall have full power and authority to use any surplus funds arising from the proceeds of any such plant or plants for the purpose of bettering, constructing or installing any such plant that such city may have, or may desire to acquire by construction or purchase." The amendment was adopted. Senator Codding moved to amend House bill No. 746 by striking out section 5, and inserting in lieu thereof the following: "Sec. 5. That sections 1, 2, 3, 4, 5, 6, 7 and 8 of chapter 82 of the Laws of 1897, and section 9 of said chapter 82, Laws of 1897, as amended by section 1, chapter 107, Laws of 1901 of the state of Kansas, be and the same are hereby repealed." The amendment was adopted. 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, Carpenter, Chaney, Codding, Crum, Cubbison Findlay, Fulton, Gabriel, Henley, Householder, Kennedy, King, Leidy, McKnight, Miller, Morehouse, Pestana, Porter, Simons, Stewart, and Tapp. Senators voting in the negative were: McMillan and Wright. Senators absent or not voting were: Allen, Conrad, Fitz patrick, Fullington. Hurrel, Morrow, Noftzger, Peterson, Smith, Sponable, Vincent, Ward, White, and Wulfekuhler. A constitutional majority having voted in favor of the passage of the bill, the bill passed. Senator Codding moved to amend the title by substituting the following: "An act relating to cities of the second and third class, and empowering such cities to obtain water, heat, light, power, etc., repealing sections 1, 2, 3, 4, 5, 6 and 7 of chapter 82 of the Laws of 1897, and amending section 8 of said chapter 82 of the Laws of 1897, and section 9 as amended by section 1 of chapter 107 of the Laws of 1901, and repealing said original section 8 and also repealing section 9 as so amended." The amendment was adopted. House bill No. 543, An act relating to cities of the first class, was read the third time. Senator Hurrel moved to amend House bill No. 543 by inserting the following new sections, 108 a and 108 b: SEC. 108 a. On the trial of said cause in the district court, should the complaint be quashed or set aside for insufficiency or for any other reason, the same may be amended or a new complaint filed in like manner as in appeals from justices of the peace. SEC. 108 b. The city may, within ten days, appeal from the police court to the district court, or, within thirty days, from the district court to the supreme court, in the following causes and no other: First, upon a judgment for the defendant or quashing a complaint; second, upon an order of the court arresting the judgment; third, upon a question reserved by the city, by the city attorney filing an affidavit that the appeal is in good faith and for the purpose of settling the legal question involved. The amendment was adopted. Senator Caldwell moved to amend article 7, in line 14, by changing the word "two" to the word "four." The amendment was adopted. Senator Cubbison, chairman of the Committee on Cities of the First Class, offered the following report: MR. PRESIDENT: Your Committee on Cities of the First Class, to whom was referred House bill No. 543, being an act entitled "An act relating to cities of the first 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 with the following amendments: Amend section 13, article 3, by striking out the word "7 P. M." and inserting "6 P. M." Amend section 16, first line, by adding, after the word "shall," the following words: "In all cities having less than 50,000 inhabitants"; and further amend section 16 by adding, after the word "qualified," at the end of the fourth line, the following words: "In all cities containing more than 50,000 inhabitants, the mayor shall appoint a city counselor, who shall be confirmed by the council, and who shall hold his office for a period of two years, unless sooner removed, and said city counselor may be removed at any time by the mayor without cause, and whose authority shall be superior to and whose duties shall be coextensive with those of the city attorney, together with such other duties as the maycr and council shall prescribe. The salary of the said city counselor shall be fixed by ordinance and shall not exceed $2500 per annum. The mayor shall also appoint a police judge, who shall be confirmed by the council, and who shall hold his office for a period of two years, unless sooner removed, and said police judge may be removed at any time by the mayor without cause. City clerk, city treasurer and city attorney shall be elected as herein provided for other cities of the first class. The mayor may appoint such other officers as are created by ordinance, who shall hold their office for a period of two years, unless sooner removed, and such officers may be removed at any time by the mayor without cause. All officers in cities of the first class having a population of over 50,000 inhabitants shall receive such salaries as may be fixed by ordinance." That section 82, in third line from bottom, be amended by inserting the word "clerk” in lieu of the word "mayor.” That article 9 be amended by striking out sections 165, 166, 167, 168, 169, 170, and insert, in lieu of said sections, sections 165, 166, 167, 168, 169, 170 and 171 hereby attached and made a part of this report and marked "exhibit A," and that all subsequent sections be renumbered. Insert new section 201, as follows: "Chapter 37 of the Laws of 1881, and all acts amendatory and supplemental thereto, and chapter 82, Laws of 1897, and all acts amendatory and supplemental thereto, in so far as the same relate to cities of the first class, are hereby repealed." Change present section 201 to 202, and amend by inserting the words "official state paper" instead of the "statute-book." J. K. CUBBISON, Chairman. |