That upon the revision of said list so furnished, the Committee on Employees be directed to file the same with the auditor of state, and that no claims be approved by him other than the names on the list furnished. The resolution was laid over, under the rules. On motion of Senator Simons, the Senate adjourned. until ten o'clock to-morrow morning. TWELFTH DAY. MORNING SESSION. SENATE CHAMBER, TOPEKA, KAN., January 30, 1903-10 o'clock A. M. The Senate convened 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, Findlay, Fitzpatrick, Fulton, Gabriel, Henley, Householder, Hurrel, Kennedy, King, Leidy, McKnight, McMillan, Miller, Morehouse, Morrow, Noftzger, Pestana, Peterson, Porter, Simons, Smith, Sponable, Stewart, Tapp, Vincent, Ward, White, Wright, and Wulfekuhler. Absent: Senators Cubbison and Fullington. The invocation was offered by the chaplain. Senator Carpenter requested that Senate bill No. 37 be re-referred to Committee on Railroads, and it was so referred. The hour having arrived for the consideration and hearing of the contest case, John R. Hamilton, contestor, vs. A. C. T. Geiger, contestee, Senator Pestana moved that counsel for parties be granted thirty minutes' time to present argument on the motion to dismiss. Senator Noftzger moved to amend the motion by giving each party to the contest thirty minutes' time. A vote being had, the amendment prevailed. S. H. Allen and A. M. Harvey, attorneys for contestee, and J. B. Larimer, attorney for contestor, addressed the Senate. Senator Branine moved that the motions to dismiss be overruled. Senator Noftzger demanded that the vote be taken on motions separately, which was so ordered. The question being, shall the motion to dismiss for rea son of lack of jurisdiction be overruled? a roll call was demanded. The roll was called, with the following result: Yeas 28, nays 7; absent or not voting, 5. Senators voting in favor of the motion were: Branine, Buschow, Carpenter, Chaney, Codding, Crum, Fitzpatrick, Fulton, Henley, Householder, Hurrel, Kennedy King, Leidy, McKnight, Miller, Morehouse, Morrow, Pestana, Peterson, Porter, Simons, Sponable, Stewart, Tapp, Ward, Wright, and Wulfekuhler. Senators voting against the motion were: Allen, Caldwell, Gabriel, McMillan, Noftzger, Smith, and Vincent. Senators absent or not voting were: Conrad, Cubbison, Findlay, Fullington, and White. The motion to overrule the motion to dismiss prevailed. The question being, Shall the motion to dismiss for the reason of insufficient averments in notice of contest be overruled? a roll call was demanded. The roll was called, with the following result: Yeas 28, nays 7; absent or not voting 5. Senators voting in favor of the motion were: Branine, Buschow, Carpenter, Chaney, Codding, Crum, Fitzpatrick, Fulton, Henley, Hurrel, Kennedy, King, Leidy, McKnight, Miller, Morehouse, Morrow, Noftzger, Pestana, Peterson, Porter, Simons, Sponable, Stewart, Tapp, Vincent, Ward, Wulfekuhler. Senators voting against the motion were: Allen, Caldwell, Gabriel, Householder, McMillan, Smith, and Wright. Senators absent and not voting were: Conrad, Cubbison, Findlay, Fullington, and White. The motion to overrule prevailed. Senator Smith introduced Senate resolution No. 45, as follows: . WHEREAS, The election-contest case for the office of the judge of the seventeenth judicial district, wherein John R. Hamilton is contestor and A. C. T. Geiger is contestee, is likely to involve a large amount of costs and expenses: therefore, be it Resolved, That the said contestor, John R. Hamilton, be required to file a bond with the secretary of the Senate within five days from this date in the sum of one thousand dollars, which bond shall be in the name of the state, and conditioned that the said John R. Hamil ton will pay all costs of said trial and proceedings in case the said contest should finally be decided against him. Said bond shall be signed by a surety company or by two or more sufficient sureties to be approved by the president of the Senate. The resolution was lost. Senator Noftzger moved that the parties be requested to unite on a statement of facts, with intent to expedite proceedings in the Senate. The motion prevailed. Senate Fitzpatrick moved that contestee be allowed five days in which to file his answer. The motion prevailed. Senator Fitzpatrick moved that counsel of the contestor and contestee confer with each other and file a stipulation of all agreements made and entered into by and between the parties of this action. The motion prevailed. The following stipulation was filed: In the Senate of the State of Kansas: In the matter of the contest of John R. Hamilton to the election of A. C. T. Geiger to the office of judge of the district court of the seventeenth judicial district of the State of Kansas. STIPULATION. It is hereby stipulated by and between the contestor and contestee that the county clerks of the five counties comprising the seventeenth judicial district of the state of Kansas may leave all ballots, poll-books and records in their custody and control as such county clerks in the custody of Senator Harry L. Pestana, chairman of the Election Committee of the Senate of the state of Kansas, pending the hearing of said contest in said Senate. It is further stipulated and agreed that all of said election returns from said judicial district shall be accepted as a true, valid and genuine returns of said election and as having been identified by the proper officers having the legal custody thereof, unless special objection is made by either party to the returns from any particular precinct, township, or ward, in which case evidence may be offered for or against the genuineness of such returns by either contestor or the contestee before the Committee on Elections of said Senate. GARVER & LARIMER, Attorneys for Contestor. S. H. ALLEN AND A. M. HARVEY, Attorneys for Contestee. On motion of Senator Allen, the Senate adjourned until two o'clock P. M. AFTERNOON SESSION. SENATE CHAMBER, TOPEKA, KAN., The Senate reconvened pursuant to adjournment, with Lieut.-gov. D. J. Hanna in the chair. The roll was called. Present: Senators Allen, Branine, Buschow, Caldwell, Carpenter, Chaney, Codding, Crum, Fitzpatrick, Fulton, Gabriel, Henley, Householder, Hurrel, Kennedy, King, Leidy, McKnight, McMillan, Miller, Morehouse, Morrow, Noftzger, Pestana, Peterson, Porter, Simons, Smith, Sponable, Stewart, Tapp, Vincent, Ward, White, Wright, and Wulfekuhler. Absent: Senators Conrad, Cubbison, Findlay, and Fullington. On motion of Senator Smith, the Senate adjourned until Monday, at two o'clock P. M. |