delivering a copy of such notice to the manager of such plant, if such manager can be found within the county. In such proceedings, petition and notices it shall not be necessary to state the names of any of the parties interested as defendants, except those of the reputed Owner or owners. At the time set for the hearing of such petition, the court shall appoint three disinterested commissioners, non-residents of the city, one of whom shall be named by the court, who shall be an expert engineer in such line, one by the city and one by the company, person or corporation owning such plant. The commissioners so appointed, after having taken and subscribed an oath to faithfully and impartially discharge their duties as such commissioners, shall forthwith proceed to determine the then present value of any such plant, which value shall be a fair value thereof. The commissioners so appointed shall have power to administer oaths, to subpoena and compel the attendance of witnesses and the production of books and papers, and any citizen, taxpayer or officer of the city may appear before them and be heard as to the city's interest. Within thirty days after their appointment, unless for good cause shown, the time be extended by the court or the judge thereof, the commissioners shall file their report with the clerk of said district court. If any commissioner so appointed shall fail to act, or his place become vacant for any other reason, the vacancy shall be filled in the manner of his original appointment. Within ten days after the filing of such report, any citizen of such city, or other person interested, may file exceptions thereto, and thereupon the court, or the judge thereof, shall appoint a time, not more than thirty days from the filing of such report, for the hearing of said exceptions, which exceptions shall be heard in a summary manner without pleading, and upon such hearing the court may confirm the said report or may set the same aside, as shall be just, and appoint new commissioners. In the event that such report shall be set aside, further proceedings shall be had in all respects as in the case of the original appointment of commissioners, until the award of the commissioners shall be confirmed by the court. Said commissioners shall be allowed three dollars per day for services rendered, to be paid out of the city treasury. At any time within four months after the confirmation of such award by the district court, the city may deposit the amount of the award with the treasurer of the county for the use of the owner or owners or others interested in such plant; and if for any cause such commissioners so appointed shall fail or refuse to make and file their report within the time limited therefor, the court, by attachment, may compel such filing, or may discharge such commissioners and cause new ones to be appointed as herein before prescribed. From the time of making such deposit with the county treasurer the city shall be absolute owner of any and all privileges, property and property rights of any such corporation and all others in any way interested in any such plant, free and

clear of the claims of all persons theretofore interested therein. Upon application of the city, writs of assistance shall be granted by said district court, directing the sheriff of the county to put such city into possession of such plant. The court shall determine as to the proper disposition of the sum so awarded, including the rights of incumbrancers, owners, and all others interested therein, and any such person aggrieved by such determination may review the same by petition in error in the supreme or appellate courts. Nothing in this act shall be construed as prohibiting any city governed and controlled by the provisions of this act from granting, and the mayor and council of any such city are hereby authorized to grant, to any person, company or corporation a franchise to construct, maintain and operate a natural gas plant for the purposes of furnishing to said city and its inhabitants, natural gas for lights, fuel and all other purposes, with authority to lay and maintain all necessary mains and pipes in the streets, avenues, alleys and public grounds of said city, on such terms and conditions as may be agreed to by said mayor and council and such person, company, or corporation; provided, that such franchise shall not continue for a longer period than twenty years.

The question being, Shall the bill pass? the roll was called, with the following result: Yeas 26, nays 0; absent or not voting, 14.

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

Senators absent or not voting were: Carpenter, Conrad, Crum, Findlay, Fitzpatrick, Fullington, Fulton, McMillan, Morrow, Peterson, Smith, Sponable, Vincent, and Wulfekuhler.

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

Senator Carpenter introduced Senate resolution No. 77, as follows:

WHEREAS, By concurrent resolution the Legislature has agreed to suspend all legislation at ten o'clock P. M., March 11, 1903, and a large number of employees are desirous of returning home early on Thursday morning, and cannot receive their warrants in time to get their pay, unless given them before the time of final adjournment: therefore be it

Resolved, That all clerks, stenographers, and employees, except the secretary, assistant secretary, secretary to the lieutenant-governor, sergeant-at-arms, document clerk, chief doorkeeper, head janitor and one assistant, Journal clerk and first assistant, the reading clerk, docket clerk and assistant, clerk of the Committee on Enrolled Bills, clerk of revision committee, one page and postmaster, be relieved from further survice, to date from ten o'clock P. M., March 11, 1903, and the secretary is hereby authorized to give all such relieved employees vouchers for pay due them up to that time.

The resolution was adopted.

On motion of Senator Chaney, the Senate adjourned.

EVENING SESSION.

SENATE CHAMBER, TOPEKA, KAN.,

March 10, 1903-7:30 o'clock P. M.

The Senate met pursuant to adjournment; Lieut.-gov. D. J. Hanna in the chair.

The roll was called.

Present: Senators Allen, Branine, Buschow, Caldwell, Carpenter, Chaney, Codding, Conrad, Crum, Cubbison, Findlay, Fitzpatrick, Fulton, Gabriel, Henley, Householder, Hurrel, Kennedy, King, Leidy, McKnight, McMillan, Miller, Morehouse, Morrow, Noftzger, Pestana, Peterson, Porter, Simons, Smith, Sponable, Stewart, Tapp, Vinincent, Ward, White, Wright, and Wulfekuhler.

Absent: Senator Fullington.

Senator Carpenter called the attention of the Senate that an error had been made in the list of employees retained, and he asked the unanimous consent of the Senate to have the name of Geo. B. Munson, clerk of the revision committee of the Journal, added to the list of employees to be retained.

Consent was granted.

MESSAGES FROM THE HOUSE.

MR. PRESIDENT: I am directed by the House to inform the Senate that the House has adopted Senate concurrent resolution No 38, relating to joint rules of Senate and House of Representatives. The resolution 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 Senate bill No. 664, An act to legalize

all acts performed by S. W. McElroy, as judge pro tempore of the district court of the seventeenth judicial district while sitting in and for Rawlins county, Kansas.

Also, passed Senate bill No. 682, An act authorizing the secretary of the State Board of Medical Registration and Examination to issue temporary permits to practice medicine, surgery or osteopathy to applicants for registration under chapter 254 of the Session Laws * of 1901.

Also, passed House bill No. 982, An act making appropriations for miscellaneous purposes.

Also, passed Senate bill No. 17, An act making certified copies of the United States government patents, certified to by the proper officer of the United States, at Washington, D. C., as true copies of the original patents issued, competent as evidence and conclusive proof of title as therein shown.

Also, passed Senate bill No. 598, An act authorizing chartered institutions of learning to erect and maintain electric plants.

Also, adopted the conference report on House bill No. 50, An act to change the boundary of the seventh judicial district and to create the thirty-seventh judicial district of the state of Kansas, and to provide for the appointment of a judge therein and fixing the terms of court in said seventh and thirty-seventh districts.

The bills are transmitted herewith.

W. P. MASON, Chief Clerk.

MR. PRESIDENT: I am directed by the House to inform the Senate that the House has passed Senate bill No. 434, An act to prohibit the operation of what is known as slot-machines for gambling purposes and to provide a penalty and punishment therefor.

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. 992, substitute for Senate bill No. 144, An act to amend sections 1 and 2 of chapter 286 of the Session Laws of 1901, and to repeal the sections amended. 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. 990, An act to provide revenue for the fiscal years ending June 30, 1904, and June 30, 1905.

Also, passed House bill No. 991 (substitute for Senate bill No. 632), An act providing for a commissioner to investigate certain outstanding script, prescribing his duties and compensation and the duties of certain other officers, and making appropriation therefor.

Also, passed House bill No. 983, An act for the relief of William F. Alexander.

Also, passed House bill No. 984, An act making appropriation for the state oil inspector's department for the fiscal years ending June

30, 1904, and June 30, 1905; and for the state grain inspector's department for the fiscal years ending June 30, 1904, and June 30, 1905, and for deficiencies from December 1, 1901, to January 1, 1903; and to defray the current expenses of the live-stock sanitary commission for the balance of the fiscal year ending June 30, 1903; for the fiscal years ending June 30, 1904, and June 30, 1905, and to pay deficiencies for the years 1901 and 1902.

The bills are 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. 914, An act making an appropriation to pay the several counties of the state the expenses incurred in the maintenance of destitute insane persons who have been refused admission to the State Hospitals for want of room.

Also, passed House bill No. 47, An act to encourage the cultivation and production of sugar beets and making an appropriation therefor.

The bills are transmitted herewith.

W. P. MASON, Chief Clerk.

MR. PRESIDENT: I am directed by the House to inform the Senate that the House has appointed the following committee under Senate concurrent resolution No. 38, Relating to joint rules of the Senate and House of Representatives: Messrs. King, Kirkpatrick, and Sharp. W. P. MASON, Chief Clerk.

MR. PRESIDENT: I am directed by the House to inform the Senate that the House has passed Senate bill No. 689, An act relating to the sale of intoxicating liquors and the suppressing of places where such liquors are sold or used, or kept for sale or used.contrary to law, and supplemental to chapter 232 of the Laws of 1901.

Also, passed Senate bill No. 519, An act making an appropriation to pay for necessary furniture and fixtures in the Grand Army museum, and to pay for publication of the reports of the department commander of the Grand Army of the Republic to the governor. The bills are transmitted herewith.

W. P. MASON, Chief Clerk.

REPORTS OF STANDING COMMITTEES.

Senator Leidy, chairman of the Committee on Education, offered the following report:

MR. PRESIDENT: Your Committee on Education, to whom was referred House bill No. 678, An act to provide for the voluntary disorganization of certain school district, etc., have had the same under consideration, and instruct me to report the bill back to the Senate with the recommendation that it be passed.

FREMONT LEIDY, Chairman.