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lan, Morehouse, Noftzger, Peterson, Porter, Simons, Sponable, Stewart, Tapp, Vincent, White, Wright, and Wulfekuhler.

Senators absent or not voting were: Cubbison, Fitzpatrick, Fullington, Hurrel, Miller, Morrow, Pestana, Smith, and Ward.

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

REPORT OF CONFERENCE COMMITTEE.

MR. PRESIDENT: Your committee on conference, to whom was referred the differences between the House and Senate on House bill No. 1, An act authorizing the erection, equipment and furnishing of a county building for a court-house and county office building in Neosho county, Kansas, the purchase or condemnation of a site therefor, providing means to pay for the erection, equipment and furnishing of said building and to pay for said site, have had the same under consideration, and recommend as follows:

That the title be amended to read as follows: "An act authorizing the erection, equipment and furnishing of a county building for a court-house and a county-office building in Neosho county, providing for a site therefor, and providing means to pay for the erection, equipment and furnishing of said building, also providing for submitting the proposition to a vote of the qualified electors of said county."

Also to strike out all after the enacting clause and insert in lieu thereof an amended form of the same, to read as follows:

SECTION 1. The board of county commissioners of Neosho county, Kansas, is hereby authorized to erect, equip and furnish a county building for a court-house and county-office building in said county, to be erected in the city of Erie on that tract or parcel of land described and known as the “Public Square,” in the original town of Erie, as the same is described on the plat of the Erie Town Company on file in the office of the register of deeds of Neosho county, Kansas; and for the purpose of paying therefor, said board of county commissioners shall hereafter annually and for a period of four years levy a tax of two and one half mills on each dollar of taxable property in said county, and the money raised thereby shall be used exclusively in paying for the erection, equipment and furnishing of said building, and said board is hereby invested with authority to make the aforesaid levies of taxes, which shall be collected in the same manner as other taxes are provided by existing laws.

SEC. 2. The taxes levied and collected under the provisions of this act shall be kept in a separate fund, to be designated as the "county-building fund." Any surplus remaining in such fund after

said building is erected, as herein provided, and paid for, shall be transferred to the general fund of the county. Said board of county commissioners shall draw their warrants on said county-building fund in payment of all obligations arising from the construction, equipment and furnishing of said building, and all interest due on any warrants drawn on such fund and stamped by the county treasurer "not paid for want of funds," shall be charged to the countybuilding fund and paid from the same.

SEC. 3. Said board of county commissioners shall proceed to let necessary contracts for the erection, equipment and furnishing of said building, and shall commence the erection thereof immediately after the taking effect of this act or as soon thereafter as `practicable; and said board is hereby anthorized to make any and all contracts and do all other acts and things requisite and necessary for the purpose of carrying out the provisions of this act; but all contracts for the erection of said building shall be let according to plans and specifications and after notice has been given of the letting of such contracts in the manner now provided by law in the cases of public county buildings.

SEC. 4. Before this act shall have any force or effect the board of county commissioners of Neosho county shall first submit to the qualified electors of said Neosho county such question to a vote, as to whether or not there shall be erected a new court-house in Neosho county, Kansas, in accordance with the provisions of this act. It shall therefore be the duty of said board of county commissioners to call an election for said purpose and give thirty day's notice thereof by publication in each of the papers published in said county. If the majority of the legal votes cast and counted at said election be in favor of the erection of a new court-house in said county, then it shall be the duty of said board of county commissioners to cause the levy to be made in accordance with the provisions of this act and proceed to carry out the same in the manner and under the restriction that the board of county commissioners will procure the best building for the money expended. And if the money obtained from the levy authorized by the provisions of this act should exceed the sum of $45,000, any surplus arising from the same shall be placed in the general fund of the county.

SEC. 5. The ballots to be used in said election shall be in the following form, to wit:

Shall the following be adopted?

A proposition to build a court-house in the public square at Erie, Neosho county, Kansas, to cost not more than $45,000, as provided by act of the Legislature, entitled "An act authorizing the erection, equipment and furnishing of a YES county building for a court-house and county-office building in Neosho county, providing for a site therefor, and No providing means to pay for the erection, equipment and furnishing of said building, also providing for submitting the proposition to a vote of the qualified electors of said county.

SEC. 6. The county clerk of said county shall cause to be printed and distributed the ballots to be used at such election in the same manner as ballots are printed and distributed for elections held under the general laws of the state. The manner of conducting said election, the vote thereat and the canvass of the votes shall be in all other respects as is now provided by law, except that the said board of county commissioners shall meet on the first Monday after said election and make the canvass of said vote and declare the result thereof.

SEC. 7. This act shall take effect and be in force from and after its publication in the Erie Republican Record.

J. M. NATION,

Chairman House Conference Committee.
JNO. C. CARPENTER,

Chairman Senate Conference Committee.

Senator Carpenter moved that the report ef the conference committee on the differences between the House and Senate upon House bill No. 1 be adopted.

The roll was called, with the following result: Yeas 32, nays 0; absent or not voting, 8.

Senators voting in favor of the adoption of the report were: Allen, Branine, Buschow, Caldwell, Carpenter, Chaney, Codding, Conrad, Crum, Cubbison, Findlay, Fulton, Gabriel, Householder, Hurrel, Kennedy, Leidy, McKnight, McMillan, Miller, Morehouse, Morrow, Noftzger, Pestana, Porter, Simons, Smith, Sponable, Tapp, Vincent, Wright, and Wulfekuhler.

Senators absent or not voting were: Fitzpatrick, Fullington, Henley, King, Peterson, Stewart, Ward, and White.

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

COMMITTEE OF THE WHOLE.

Senator White 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 Pestana 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 -42 Sen.

under consideration bills on the Calendar under the head of "Gen. eral Orders," and I am directed to report as follows:

Recommend that the enacting clause of Senate bill No. 194, An act to amend section 1 of chapter 225 of the Session Laws of 1901, be stricken out.

Also, Senate bill No. 163, An act to amend section 2081, chapter 31, article 3, of the General Statutes of 1901, entitled "An act regulating crimes and punishments," be passed as amended.

Also, Senate bill No. 202, An act authorizing the refunding of the legally existing bonded indebtedness of disorganized and merged school districts, be passed.

Also, Senate bill No. 215, An act to amend sections 4354 and 4355, chapter 76, of the General Statutes of Kansas of 1901, entitled “Au act to provide for the recording of land patents," be passed as amended.

Also, Senate bill No. 214, An act to amend sections 4221, 4222, 4223 and 4224 of chapter 68 of the General Statutes of Kansas of 1901, entitled "An act concerning mortgages," be passed as amended.

Also, Senate bill No. 233, An act to amend section 6129 of the General Statutes of Kansas of 1901, be passed.

Also, Senate bill No. 243, An act to amend section 15, chapter 31, General Statutes of 1868, being paragraph 2000, General Statutes of 1901, relating to the crime of manslaughter, be passed as amended, subject to amendment and debate.

Also, Senate bill No. 241, An act to amend sections 2 and 3 of chapter 11 of the General Statutes of Kansas, 1868, the same being an act relating to attorneys at law, and to repeal original sections 2 and 3 of said act, be stricken from the Calendar and House bill No. 293 be substituted and passed.

Also, House bill No. 304, An act for the protection of the occupants of certain buildings in case of fire, be passed.

Also, Senate bill No. 262, An act to amend section 78 of chapter 80 of the code of civil procedure, the same being paragraph 4512 of the General Statutes of the state of Kansas of the year 1901, be passed as amended.

Also, Senate bill No. 18, An act to provide for a board of public utilities in cities of the first and second classes and defining its duties and powers, be passed, subject to amendment and debate.

Also, House bill No. 257, An act providing for annual reports of the superintendent of insurance, and repealing so much of chapter 293 of the Session Laws of 1901 as relates thereto, be passed.

Also, Senate bill No. 264, An an act providing for conductors on all street-cars in cities of the first class, and providing a punishment for a violation thereof, be passed.

H. L. PESTANA, Chairman.

On motion of Senator Pestana, the report of the committee of the whole was agreed to.

Senator Cubbison moved that House bill No. 173 be placed on third reading with other local bills.

The motion prevailed.

On motion of Senator Allen, Senate bill No. 206 was continued until to-morrow afternoon and made a special order to be taken up immediately after Senate bill No. 114.

On motion of Senator Branine, Senate bill No. 216 was stricken from the Calendar.

Senator Branine moved to substitute House bill No. 144 for Senate bill No. 72.

The motion prevailed.

On request of Senator Findlay, Senate bill No. 244 was stricken from the Calendar.

On motion of Senator Carpenter, the Senate adjourned.

EVENING SESSION.

SENATE CHAMBER, TOPEKA, KAN.,

February 25, 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, Codding, Findlay, Fulton, Gabriel, Henley, Hurrel, Kennedy, King, McKnight, McMillan, Miller, Morehouse, Morrow, Noftzger, Pestana, Porter, Simons, Smith, Stewart, Tapp, Ward, Wright, and Wulfekuhler.

Absent: Senators Chaney, Conrad, Crum, Cubbison, Fitzpatrick, Fullington, Householder, Leidy, Peterson,. Sponable, Vincent, and White.

MESSAGE FROM THE HOUSE.

MR. PRESIDENT: I am directed by the House to inform the Senate that the House has passed House bill No. 231, An act to authorize townships to levy a special road tax.

Also, passed House bill No. 37, An act fixing the salaries of justices of the supreme court.

Also, passed House bill No. 509, An act amending section 3404 of the General Statutes of Kansas for 1901, in relation to insurance, and repealing said section 3404.

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