the Industrial School for Girls, at Beloit, Kan., for building and furnishing a school building and dormitory combined, for sidewalk, for purchase of additional land, and for building a barn.

Senate bill No. 227, An act fixing the salary of the clerk of the district court of Doniphan county, Kansas.

Referred to Committee of Ways and Means.

Senate bill No. 228, An act prohibiting the employment by railroad companies, corporations or lessees thereof of telegraph operators under the age of twenty-one years, and providing penalties for a violation thereof.

Referred to Committee on Corporations.

Senate bill No. 229, An act creating a board of insurance commissioners and prescribing the power, duties and authority thereof, and prescribing penalties for the violation. of this act.

Referred to Committee on State Affairs.

Senate bill No. 230, An act for the relief of Milton Woodyard, his heirs and assigns, in the matter of the purchase of certain school-lands.

Referred to Committee on Judiciary.

APPOINTMENT.

I hereby appoint F. W. Sturges, jr., stenographer of the Committee on Charitable Institutions.

COMMITTEE OF THE WHOLE.

R. B. WARD.

Senator Fitzpatrick moved that the Senate go into committee of the whole for the consideration of bills on the Calendar under the head of "General Orders." A vote being had, the motion prevailed.

The Senate went into committee of the whole, with Senator Porter in the chair.

After some time spent therein the committee rose, and through the chairman submitted the following report:

MR. PRESIDENT: The committee of the whole Senate have had under consideration bills on the Calendar under the head of "General Orders," and I am directed to report as follows:

Recommend that Senate bill No. 68, An act relating to suffrage, being an act to give women the right to vote for presidential electors, be reported back with the further recommendation that the enacting clause be stricken out.

The question being, Shall the report of the committee be adopted? on demand of Senator Smith the roll was called, with the following result: Yeas 21, nays 13; absent or not voting, 6.

Senators voting in favor of the adoption of the report were: Branine, Buschow, Carpenter, Chaney, Conrad, Crum, Findlay, Fitzpatrick, Fulton, Henley, Hurrel, McKnight, McMillan, Miller, Morrow, Noftzger, Pestana, Sponable, Tapp, Vincent, and Ward.

Senators voting against the adoption of the report were: Caldwell, Codding, Gabriel, Householder, King, Leidy, Morehouse, Simons, Smith, Stewart, White, Wright, and Wulfekuhler.

Senators absent and not voting were: Allen, Cubbison, Fullington, Kennedy, Peterson, and Porter.

A constitutional majority having voted in favor of the adoption of the report, the report was adopted.

REPORT OF STANDING COMMITTEES.

Senator Smith, chairman of the Committee on Judiciary, offered the following reports:

MR. PRESIDENT: Your Committee on Judiciary, to whom was referred Senate bill No. 35, An act to amend sections 2 and 24, chapter 109, Session Laws of 1893, 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. 26, An act to amend section 639 of the code of civil procedure of the state of Kansas, being paragraph 5132 of the General Statutes of the State of Kansas, 1901, relating to divorce, and repealing said original section, and instruct me to report the bill back to the Senate with the recommendation that it be not passed.

Also, Senate bill No. 63, An act to provide for suits against the state of Kansas, and instruct me to report the bill back to the Senate with the recommendation that it be amended by striking out all after the enacting clause, and passed as amended.

Also, Senate bill No. 41, An act concerning the venue of certain actions and to amend sections 50 and 55 of chapter 80, Laws of 1868, of "An act to establish a code of civil procedure," approved February 25, 1868, and to repeal section 63 of chapter 23, General Statutes of the state of Kansas, 1868, and instruct me to report the bill back to the Senate with the recommendation that it be amended by striking out all of section 3, and that it be passed as amended.

Also, Senate bill No. 5, An act to provide for the appointment of a public administrator to have charge of certain estates of soldiers

and sailors who die while members of any state or national soldiers' home within the state of Kansas, and instruct me to report the bill back to the Senate with the recommendation that it be passed.

Also, Senate bill No. 15, An act to amend section 150 of chapter 37 of the General Statutes of 1868, entitled "An act respecting executors and administrators and the settlement of the estates of deceased persons," and instruct me to report the bill back to the Senate with the recommendation that it be passed.

Also, Senate bill No. 102, An act for the protection of trademarks, and instruct me to report the bill back to the Senate with the recommendation that it be not passed.

Also, Senate bill No. 46, An act for the protection of trade-marks, and instruct me to report the bill back to the Senate with the recommendation that it be not passed.

Also, Senate bill No. 61, An act creating a court of conciliation, defining the jurisdiction and powers thereof, and providing for proceedings and procedure therein, and instruct me to report the bill back to the Senate with the recommendation that it be passed.

Also, Senate bill No. 27, An act to amend section 651a of the code of civil procedure of the state of Kansas, being paragraph 5147 of the General Statutes of Kansas, 1901, relating to the competency of witnesses in actions for divorce and alimony, and to repeal said original section, and instruct me to report the bill back to the Senate with the recommendation that it be passed.

Also, Senate bill No. 52, An act amending section 5 of chapter 60 of the session Laws of 1871, and instruct me to report the bill back to the Senate with the recommendation that it be referred to the Committee on Cities of the Second and Third Class.

F. DUMONT SMITH, Chairman.

Senator Noftzger, chairman of the Committee on Public Health, offered the following reports:

MR. PRESIDENT: Your Committee on Public Health, to whom was referred Senate bill No. 91, An act to regulate the practice of the barber profession, creating a state board of examination and inspection commissioners, to prevent the spreading of contagious diseases, levying of fees, and prescribing penalties for violation 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 passed.

Also, Senate bill No. 62, An act to define and regulate the practice of optometry and for the creation of a board of examiners in optometry, and instruct me to report the bill back to the Senate with the recommendation that it be passed.

Also, Senate bill No. 147, An act to prevent the public exhibition of the eating or pretending to eat of snakes and other reptiles, and instruct me to report the bill back to the Senate with the recom

mend that it be amended by striking out the words "or animals," in section 1, and this bill is recommended to be passed.

Also, Senate bill No. 117, An act to regulate and define the prac tice of optometry, to punish the violators thereof, to create a board of examiners, provide for their appointment, compensation, and for the examination of others, and prevent incompetent or unauthorized persons engaging in the practice thereof, and instruct me to report the bill back to the Senate with the recommendation that it be printed and placed on the Calendar.

Also, Senate bill No. 81, An act to amend sections 1 and 2 of chapter 129 of the Session Laws of 1885, entitled "An act to create a state and local boards of health and to regulate the practice of medicine in the state of Kansas," and instruct me to report the bill back to the Senate with the recommendation that it be amended by striking out in section 1 the words "the member of said board who is not a physician shall have no vote in the election of officers, but shall have a vote on all other questions arising in the regular quarterly meetings of the board," and insert in lieu thereof "the member of said board who is not a physician shall have a vote on all questions, but shall not be eligible for election as president of said board.”

Also, section 2 shall be amended by striking out the words "in the discharge of their duties," and insert the words "while in attendance upon said quarterly meetings of said board," and that this bill as amended be passed. T. A. NOFTZGER, Chairman

Senator Vincent, chairman of the Committee on Penal Institutions, offered the following report:

, MR. PRESIDENT: Your Committee on Penal Institutions, to whom was referred Senate bill No. 157, An act for the Industrial Home for the Blind of Kansas, have had the same under consideration, and instruct me to report the bill back to the Senate with the recommendation that, as it carries an appropriation, it be referred to the Ways and Means Committee. FRANK VINCENT, Chairman.

CONSIDERATION OF MOTIONS AND RESOLUTIONS.

Senator Carpenter moved that when the Senate adjourn, that the adjournment be until ten o'clock to-morrow morning.

The motion prevailed.

Senator McMillan asked unanimous consent of the Senate to temporarily withdraw Senate resolution No. 13 from the custody of the secretary.

Consent was granted.

Senator Miller asked for the unanimous consent of the

Senate to withdraw Senate resolution No. 40 from the custody of the secretary.

Consent was granted.

On motion of Senator Sponable, the Senate took recess until five minutes of twelve o'clock.

The Senate reassembled.

The chair at this time announced and presented to the Senate two motions in the contest case of John R. Hamilton against A. C. T. Geiger, and ordered the same filed and entered upon the journal.

The motions were as follows:

Before the Senate of the State of Kansas.

In the matter of the contest of John R. Hamilton against A. C. T. Geiger, to contest the election of said A. C. T. Geiger to the office of judge of the seventeenth judicial district of the state of Kansas.

Now comes the said A. C. T. Geiger, and, appearing specially for the purpose of this motion only, moves the Senate to dismiss this proceeding, upon the ground and for the reason that the notice of contest filed by said John R. Hamilton with the secretary of the Senate is insufficient in form and substance to present any issue to be tried, and is insufficient to confer jurisdiction on the Senate to determine a contest of said election in this:

That said notice wholly fails to specify the particular points on which the contestor means to rely, and fails to point out or specifically indicate any precinct in which votes cast for said John R. Hamilton were not properly counted and canvassed or in which illegal votes were counted and canvassed for the said A. C. T. Geiger, and fails to point out any particular in which the result of the election, as returned and canvassed by the state canvassing board, is incorrect, but said notice, except in the sixth paragraph thereof, merely calls for a recount of the entire vote of the judicial district without indicating in any manner where or wherein the result as ascertained and declared by the proper election officers is incorrect.

That the averments of the sixth paragraph of said notice are insufficient to base a contest on or to uuthorize any finding in favor of the said John R. Hamilton, for the reason that said averments do not show either that the said A. C. T. Geiger was a party of any unlawful, corrupt or improper act or conduct at or relating to the election in Sappa township, or that a certain voter or number of voters was influenced to cast his vote for the said A. C. T. Geiger by gifts of cigars, liquor, or by any other improper influence, and fails to show that the vote as counted and returned by the judges and clerks of election was in any respect more favorable to the said Geiger than the vote actually cast by the voters of said township, and