Senator Pestana moved that the contest case of J. R. Hamilton vs. A. C. T. Geiger be considered at this time, and that the parties be allowed a limit of thirty minutes on each side for arguments in this case.

The motion prevailed.

Attorneys Garver, for the contestor, and Allen and Harvey, for the contestee, addressed the Senate.

The question being, Shall the motion to strike out para-1 graph 6 of the contestor's petition prevail? a vote was taken, and the motion prevailed.

On motion of Senator Pestana, the Senate adjourned.

AFTERNOON SESSION.

SENATE CHAMBER, TOPEKA, KAN.,

February 20, 1903--2 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, 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, Vincent, Ward, White, Wright, and Wulfekuhler.

Absent: Senators Buschow and Fullington.

INVITATION.

To the Senate of the State of Kansas:

HONORED SIRS-You are most earnestly invited to attend the unveiling of the portraits of the friends of the Topeka Industrial Institute and the industrial exhibit at the institute, 1725 Kansas avenue, Sunday afternoon, February 22, at three P. M. Addresses will be delivered by his excellency Gov. W. J. Bailey, Hon. F. Dumont Smith, and Hon. R. C. Hutcheson. The program will be interspersed with vocal and instrumental selections rendered by the best colored talent in the city. The South Topeka car comes directly to the school.

I hope that you will avail yourselves of this opportunity to investigate the working and needs of the institution.

Yours for the uplift of the masses,

WM. R. CARTER, Principal.

INTRODUCTION OF BILLS.

By Senator Leidy: Senate bill No. 573, An act to amend section 2 of chapter 165 of the Session Laws of 1887, the same being section 2401 of the Compiled Statutes of Kansas the year 1889.

On motion of Senator Leidy an emergency was declared, the rules suspended, and Senate bill No. 573 was placed on second reading and ordered printed.

Senate bill No. 573 was read and referred to the committee of the whole.

MESSAGES FROM THE HOUSE.

MR. PRESIDENT: I am directed by the House to inform the Senate that the House has passed House bill No. 5, An act providing for the election of county-high school trustees and their term of office.

Also, passed House bill No. 239, An act to amend section 6319 of General Statutes of Kansas, 1901, the same being section 211, chapter 92, Laws of 1876, and the same being an act entitled "An act for the regulation and support of common schools," and repealing the original section numbered 6319 and 211, respectively.

Also, passed House bill No. 277, An act to regulate the construction and maintenance of trolley and electric wires over railway-tracks and the operation of street-cars over railway-tracks.

Also, passed House bill No. 374, An act to amend sections 6424, 6425, and 6126, General Statutes of Kansas of 1901.

Also, passed House bill No. 33, An act in relation to cities of the first class.

Also, passed House bill No. 429, An act relating to sidewalks in cities of the first class containing not more than 20,000 inhabitants and providing for the building and repairing of the same.

Also, passed House bill No. 348, An act relating to county board of examiners and to provide for professional certificates to be issued by county boards of examiners, and repealing chapter 175, Laws of 1885.

Also, passed House bill No. 368, An act amending section 1, chapter 183, Laws of 1891, providing for the manner of holding elections for the election of members of boards of education in territory attached to cities of the second class for school purposes and for the payment of the expenses of such elections, and repealing said section 1, chapter 183, Laws of 1891, being paragraph 6299 of the General Statutes of 1901.

Also, passed House bill No. 271, An act in relation to the hour of opening the polls at elections in cities of the first class, and amending section 2727 of the General Statutes of 1901, being section 34, chapter 129, of the Laws of 1897.

Also, passed Senate bill No. 321, An act to amend section 8 of

chapter 139 of the Session Laws of 1901, it being an act entitled "An act to provide for a commissioner of the poor of Douglas county, Kansas," and to repeal section 8 of chapter 139 of the Session Laws of 1901.

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 granted the request of the Senate for the return of Senate bill No. 184.

The bill is transmitted herewith.

W. P. MASON, Chief Clerk.

Senator Miller moved that Senate bill No. 325 be placed on the Calendar at the head of General Orders.

The motion prevailed.

Senator White introduced Senate resolution No. 60, as follows:

Be it resolved by the Senate of the State of Kansas, Hereafter the Senate sessions shall begin as follows: The morning session to begin at 9:30 A. M.; the afternoon session to begin at two P. M.; and that an evening session beginning at 7:30 be held each evening. On motion of Senator White, Senate resolution No. 60 was adopted.

REPORTS OF STANDING COMMITTEES.

Senator Peterson, chairman of the Committee on Assessment and Taxation, offered the following reports:

MR. PRESIDENT: Your Committee on Assessment and Taxation, to whom was referred Senate bill No. 522, An act authorizing the State School-fund Commissioners to purchase refunding bonds of Salamanca township and city of Columbus, Cherokee county, Kansas, 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. 526, An act to authorize the township board of Americus township, Lyon county, Kansas, to issue bonds for the purpose of raising a fund to prospect for gas, oil, coal and other minerals in said township, and instruct me to report the bill back to the Senate with the recommendation that it be passed.

E. V. PETERSON, Chairman.

Senator Simons, acting chairman of the Committee on Engrossed Bills, offered the following report.

MR. PRESIDENT: Your Committee on Engrossed Bills, to whom was referred Senate bill No. 93, An act providing for the apppoint of a state fish and game commissioner and deputies, defining their

duties, and for the protection of game and the propagation of fish, making appropriations therefor, providing penalties for its violation, and repealing all acts and parts of acts in conflict herewith, have compared the engrossed copy with the original bill, and instruct me to report the bill back to the Senate correctly engrossed.

R. T. SIMONS, Acting Chairman.

Senator Chaney, chairman of the Committee on Ways and Means, offered the following reports:

MR. PRESIDENT: Your Committee on Ways and Means, to whom was referred House concurrent resolution No. 14, Relating to instructions to trustees of state charities and corrections, have had the same under consideration, and instruct me to report the resolution back to the Senate with the recommendation that it be concurred in.

Also, Senate bill No. 279, An act making an appropriation for the relief of William H. Fisher, and instruct me to report the bill back to the Senate with the recommendation that it be not passed.

Also, Senate bill No. 523, An act to establish the salaries of certain state officers, their assistants and clerks, and amendatory of sections No. 6077, 6078, 6079, 6080, 6081, 6082, 6083, of the General Statutes of 1901, being sections 2, 3, 4, 5, 6, 7 and 8 of chapter 91 of the said General Statutes, and instruct me to report the bill back to the Senate with the recommendation that it be referred to Committee on Judiciary.

Also, Senate bill No. 187, An act to amend section 3 of chapter 47 of the Session Laws of 1901, relating to the publishing of the bi ennial report of the State Board of Agriculture, and making an appropriation to defray the cost of the same, and instruct me to report the bill back to the Senate with the recommendation that it be passed.

Also, Senate bill No. 465, An act making an appropriation for the relief of Charles Porter, on account of injuries sustained while at work upon the state-house, and instruct me to report the bill back to the Senate with the recommendation that it be not passed.

Also, Senate bill No. 66, An act for the relief of W. J. Roth, and granting him a pension on account of permanent disabilities received while working on the capitol, and instruct me to report the bill back to the Senate with the recommendation that it be not passed.

Also, Senate bill No. 240, An act providing for the payment of certain union military scrip held by F. O. Black, and instruct me to report the bill back to the Senate with the recommendation that it be not passed.

Also, Senate bill No. 145, An act relating to state printing, providing for the election of a state printer and fixing his salary, and defining the duties of the Executive Council, the secretary of state and the state printer in relation thereto, making an appropriation to carry out the provisions thereof, and repealing all acts and parts of -33 Sen.

acts in conflict herewith, and instruct me to report the bill back to the Senate with the recommendation that it be not passed.

Also, Senate bill No. 352, An act to provide for the establishment of a state road, commencing at the city of Leavenworth and extending to the city of Topeka, and thence to the city of Kansas City by way of the city of Lawrence, in the state of Kansas, and making an appropriation to pay certain expenses in connection therewith, and instruct me to report the bill back to the Senate with the recommendation that it be not passed.

Also, 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, and instruct me to report the bill back to the Senate with the recommendation that it be amended to read $1000, and passed as amended. Also, Senate bill No. 494, An act making compensation to T. F. Garver for legal services performed for the state, and instruct me to report the bill back to the Senate with the recommendation that it be not passed. JNO. T. CHANEY, Chairman.

REPORT OF COMMITTEE ON ELECTIONS.

The Senate of the State of Kansas.

In the matter of the contest of John R. Hamilton against A. C. T. Geiger, contesting the election of A. C. T. Geiger as judge of the seventeenth judicial district of Kansas.

To the President and Members of the Senate:

Your Committee on Elections, appointed to count the ballots and report to the Senate the number of ballots unobjected to counted for each party, and the ballots objected to, beg leave to report as follows:

The recount of the ballots shows the total number of votes cast for John R. Hamilton to be 4086, and the total number cast for A. C. T. Geiger to be 4112, of the ballots which were counted without objection from either side.

On the recount, about 118 ballots were found to which objections were made by one or the other of the contesting parties, but by a process of elimination by pairing the similar objections there remain only ten ballots which are in dispute, all of which were ballots which are claimed to be votes for John R. Hamilton, for district judge.

Four of said ballots which are objected to, being numbered for convenience at the upper left-hand corner 1, 2, 3, and 4, are objected to on the ground of additional marks in squares not authorized by law, but contestor claims that the ballots show that such markings claimed to be illegal were attempted to be erased after being made other than by blackening over with a pencil.

Five of such objected-to ballots, being numbered for convenience 5, 6, 7, 8, and 9, are objected to on the ground of irregular marking