Morrow, Noftzger, Porter, Simons, Smith, Sponable, Tapp, Wright, and Wulfekuhler. Senators absent or not voting were: Branine, Conrad, Cubbison, Fullington, Henley, King, McMillan, Pestana, Peterson, Stewart, Vincent, Ward, and White. A constitutional majority having voted in favor of the passage of the bill, the bill passed, and the title was agreed to. Senate bill No. 196, An act to authorize the treasurer of the state to designate a state fiscal agency in the city of New York for the state of Kansas, to designate a state fiscal agency within the state of Kansas, and to amend sections 1 and 2 of chapter 75 of the Laws of 1874, and to repeal said original section of said act, to repeal all laws or parts of laws in conflict with this act, and for other purposes, was read the third time, and the question being, Shall the bill pass? the roll was called, with the following result: Yeas 30, nays 0; absent or not voting, 10. Senators voting in favor of the passage of the bill were: Allen, Buschow, Caldwell, Carpenter, Codding, Conrad, Crum, Findlay, Fitzpatrick, Gabriel, Householder, Hurrel, Kennedy, King, Leidy, McKnight, McMillan, Miller. Morehouse, Noftzger, Pestana, Porter, Simons, Smith, Sponable, Stewart, Tapp, White, Wright, and Wulfekuhler. Senators absent or not voting were: Branine, Chaney, Cubbison, Fullington, Fulton, Henley, Morrow, Peterson, Vincent, and Ward. A constitutional majority having voted in favor of the passage of the bill, the bill passed, and the title was agreed to. Senator Fitzpatrick moved that Senate bill No. 13, on Calendar under "General Orders," be re-referred to Committee on Banks and Banking. The motion prevailed, and it was so ordered. Senator Findlay moved that House bill No. 61 be substituted for Senate bill No. 53, now on Calendar under "General Orders." The motion prevailed, and it was so ordered. No objections being made, Senator Morehouse withdrew Senate bill No. 186 from local bills on third reading. On motion of Senator Chaney, House bill No. 438 was substituted for Senate bill No. 386, and placed with local bills on third reading. On motion of Senator Allen, Senate bills Nos. 230, 236 and 237 were stricken from local bills on third reading, and ordered placed on the Calendar at the head of "General Orders." Senator Wulfekuhler called up Senate concurrent resolution No. 2, Relating to appointment of Hon. W. A. Harris as a member of the Isthmian Canal Commission. The resolution was read, and the question being, Shall the resolution be adopted? the roll was called, with the following result: Yeas 30, nays 3; absent or not voting, 7. Senators voting in vavor of the resolution were: Buschow, Caldwell, Carpenter, Chaney, Codding, Conrad, Crum, Findlay, Fitzpatrick, Gabriel, Householder, Hurrel, Kennedy, King, Leidy, McKnight, McMillan, Miller, Morehouse, Morrow, Noftzger, Pestana, Peterson, Sponable, Stewart, Tapp, Ward, White, Wright, and Wulfekuhler. Senators voting in the negative were: Allen, Porter, and Smith. Senators absent or not voting were: Branine, Cubbison, Fullington, Fulton, Henley, Simons, and Vincent. Senator Allen demanded a call of the Senate. The chair commanded the sergeant-at-arms to bar the doors. On motion of Senator Wulfekuhler, the call of the Senate was dispensed with. A constitutional majority having voted in favor of the adoption of the resolution, the resolution was adopted as read. Senator Noftzger gave notice that upon to-morrow he would make motion to reconsider Senate concurrent resolution No. 2. Senator Pestana moved that Senate bill No. 460 be placed with the local bills on third reading this afternoon. The motion prevailed, and it was so ordered. Senator Pestana moved that Senate bills Nos. 456 and 457 be placed with the local bills on third reading this afternoon. The motion prevailed, and it was so ordered. On motion of Senator McKnight, Senate bill No. 461 was placed with the local bills on third reading this after noon. On motion of Senator Simons, Senate bill No. 65 was stricken from the local bills on third reading and ordered placed upon the Calendar. On motion of Senator Carpenter, House bill No. 1 was stricken from the local bills on third reading and ordered placed on the Calendar at the head of “General Orders.” Senator Stewart moved that Senate bill No. 345 be rereferred to the Committee on Printing. Upon demand of three senators, the roll was called, with the following result: Yeas 20, nays, 10; absent or not voting, 10. Senators voting in the affirmative were: Caldwell, Carpenter, Chaney, Crum, Gabriel, Householder, King, Leidy, McMillan, Miller, Morehouse, Pestana, Peterson, Porter, Simons, Sponable, Stewart, White, Wright, and Wulfekuhler. Senators voting in the negative were: Allen, Buschow, Codding, Kennedy, McKnight, Morrow, Noftzger, Smith, Tapp, and Ward. Senators absent or not voting were: Branine, Conrad, Cubbison, Findlay, Fitzpatrick, Fullington, Fulton, Henley, Hurrel, and Vincent. A majority having voted in favor of the motion to rerefer, the motion prevailed. Senator Chaney gave notice that he would, on to-morrow, make a motion to reconsider the rerefering of Senate bill No. 345. On motion of Senator Ward, Senate bill No. 479 was withdrawn from the local bills on third reading. On motion of Senator Crum, Senate bill No. 476 was placed with the local bills on third reading this afternoon. On motion of Senator Morrow, the Senate adjourned until two P. M. AFTERNOON SESSION. SENATE CHAMBER, TOPEKA, Kan., The Senate met pursuant to adjournment; the president in the chair. The roll was called. Present: Senators Allen, 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 Branine, Cubbison, and Fullington. On motion of Senator McMillan, Senate bill No. 318 was stricken from the Calendar. REPORTS OF STANDING COMMITTEES. Senator Smith, chairman of the Judiciary Committee, offered the following reports: MR. PRESIDENT: Your Committee on Judiciary, to whom was referred Senate bill No. 451, An act to amend section 4967 of the General Statutes of Kansas of 1901, relating to exemption, have had the same under consideration, and instruct me to report the bill back to the Senate with the recommendation that all after the enacting clause be stricken out and the following substituted therefor: SECTION 1. Section 4967 of the General Statutes of 1901 be and the same is hereby amended so as to read as follows: Sec. 4967. That the earnings of a debtor who is a resident of this state, for his personal services at any time within three months next preceding the issuance of an execution, attachment, or garnishment process, cannot be applied to the payment of his debts when it is made to appear by the debtor's affidavit or otherwise that such earnings are necessary for the maintenance of a family supported wholly or in part by his labor; provided, that at the time of filing such affidavit the debtor shall notify the plaintiff or his agent or attorneys thereof in writing; and provided, that nothing herein contained shall prevent the adverse party from controverting the matter sought to be proven by such affidavit by counter-affidavit, or if sought to be proven in any other manner, the same may be controverted by any competent evidence; and provided further, that such counter-affidavit shall be filed within twenty-four hours after the notice of filing of said debtor's affidavit, and final hearing shall be had thereon at a time fixed by the court, within ten days from the notice of the filing of such debtor's affidavit if pending in justice's court, and if pending in the district court it shall be tried at the first term held after the filing of such affidavit; and provided further, that the provisions of this act shall not apply to any claim or debt contracted for the necessaries of life by such debtor for himself or family; and in any action or proceeding by garnishment or otherwise brought to subject the earnings of a debtor to the payment of any claim or debt contracted for the purchase of the necessaries of life for the debtor or his family, seventy-five per centum only of the debtor's earnings shall be exempt and the remaining twenty five per centum shall by the court be applied in any proper proceeding to the payment of such claim or debt. SEC. 2. Said original section 4967 and all other acts and parts of acts in conflict with this act are hereby repealed. SEC. 3. This act shall take effect and be in force from and after its publication in the statute-book. And that the bill be passed as amended. Also, Senate bill No. 4, An act requiring safeguards for the protection of all persons employed or laboring in manufacturing establishments, providing civil remedies for all persons so engaged, or their personal representatives, in cases where any such person may be killed or injured while employed or laboring in any manufacturing establishment which is not properly provided with the safeguards required by this act, instruct me to report the bill back to the Senate with the recommendation that the bill be amended by striking out from section 6 all after the word "injury," in the eighth line, and that the bill be passed as amended. Also, Senate bill No. 473, An act providing for the printing of the thirty-seventh, thirty eighth and thirty ninth Kansas supreme court reports, and instruct me to report the bill back to the Senate with the recommendation that it be passed. Also, Senate bill No. 475, An act authorizing and instructing county commissioners of Anderson county, Kansas, to construct a bridge across the Pottawatomie river, in Anderson county, Kansas, and instruct me to report the bill back to the Senate with the recommendation that it be passed. F. DUMONT SMITH, Chairman. Senator Wulfekuhler, acting chairman of the Committee on Cities of the First Class, offered the following reports: MR. PRESIDENT: Your Committee on Cities of the First Class, to whom was referred Senate bills Nos. 287, 304, and 358, Relating to cities of the first, second, and third class, empowering such cities to obtain water, heat, light, etc., and repealing sections 1, 2, 3, 4, 5, 6, and 7, chapter 82, Laws of 1897, and amend section 8, chapter 82, Laws of 1897, and section 9 as amended by section 1, chapter 107, Laws of 1901, and repealing original sections 8 and 9 as amended, |