SEVENTH DAY. MORNING SESSION. SENATE CHAMBER, TOPEKA, KAN., January 22, 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, 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: Senator Fullington. The invocation was offered by the chaplain. PRESENTATION OF RESOLUTIONS. Senator Pestana introduced Senate resolution No. 36, as follows: In 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 district court of the seventeenth judicial district of the state of Kansas. WHEREAS, Notice of the above contest of John R. Hamilton against A. C. T. Geiger, to contest the election of said Geiger to the office of judge of the district court of the seventeeth judicial district of the state of Kansas was duly filed with the secretary of the Senate on the 21st day of January, 1903: It is therefore, by the Senate, now resolved, That the Senate will meet in its chamber, at the capitol, in order to hear and determine said contest, on the 30th day of January, 1903, at the hour of ten o'clock in the forenoon of said day, to commence the hearing of said contest, and will continue the hearing of said contest thereafter from day to day, or fix the hearing thereof at such time or times as the same can be heard at the convenience of the Senate, and then continue such hearing from day to day, at the convenience of the Senate, until the hearing of such contest shall be completed. Resolved, That certified copies of the notice of contest filed herein and of this resolution be served upon said A. C. T. Geiger, contestee, in person, if the same can be done, and if not, then by leaving such certified copies at his last usual place of residence; and the secretary of the Senate is hereby directed to deliver certified copies of the notice of contest and of these resolutions, together with the notice directing and notifying said A. C. T. Geiger, contestee, that he is, on the said 30th day of January, 1903, required to attend in the Senate chamber at the capitol to answer said contest, to J. E. Nelghbors, sergeant-at-arms of the Senate, to be by him served, as above directed, on said A. C. T. Geiger, contestee. Resolved, That J. E. Neighbors, sergeant-at-arms of the Senate, is hereby appointed and authorized by the Senate to serve the certified copies of the notice of contest and of this resolution, and of the notice of the time and place of hearing of said contest, as hereinbefore specified, upon the said A. C. T. Geiger, in the manner herein before directed. Senator Pestana introduced Senate resolution No. 37, as follows: In 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 district court of the seventeenth judicial district of the state of Kansas. WHEHEAS, Notice of the above contest of John R. Hamilton, as against A. C. T. Geiger, to contest the election of said Geiger to the office of judge of the district court of the seventeenth judicial district of the state of Kansas, was duly filed with the secretary of the Senate on the 21st day of January, 1903: It is therefore, by the Senate, now resolved, That the Senate will meet in its chamber at the capitol in order to hear and determine said contest on the 30th day of January, 1903, at the hour of ten o'clock in the forenoon of said day, to commence the hearing of said contest, and will continue the hearing of said contest thereafter from day to day, or fix the hearing thereof at such time or times as the same can be heard at the convenience of the Senate, and then continue such hearing from day to day, at the convenience of the Senate, until the hearing of such contest shall be completed. Resolved, That certified copies of the notice of contest filed herein and of this resolution be served upon said A. C. T. Geiger, contestee, in person, if the same can be done, and if not, then by leaving such certified copies at his last usual place of residence; and the secretary of the Senate is hereby directed to deliver copies of -6 Sen. the notice of contest and of these resolutions, together with the notice directing and notifying said A. C. T. Geiger, contestee, that he is, on the said 30th day of January, 1903, required to attend in the Senate chamber at the capitol to answer said contest, to J. E. Neighbors, sergeant-at-arms of the Senate, to be by him served, as above directed, on said A. C. T. Geiger, contestee. Resolved, That J. E. Neighbors, sergeant-at-arms of the Senate, is hereby appointed and authorized by the Senate to serve the certified copies of the notice of contest and of this resolution, and of the notice of the time and place of the hearing of said contest, as hereinbefore specified, upon the said A. C. T. Geiger, in the manner hereinbefore directed. Resolved, That the Committee on Elections in the Senate is hereby authorized and directed to forth with issue their subpoenas and subpoenas duces tecum for any and all witnesses, and to require the production of any and all documents, papers, records and ballots deemed necessary in the hearing of said contest, and that said committee be and is authorized and instructed to employ a stenographer. This resolution was adopted. Senator Noftzger introduced Senate resolution No. 38, as follows: WHEREAS, It is currently reported that the Kansas City, Fort Scott & Memphis Railroad Company, a corporation organized under the laws of the state of Kansas, has been absorbed by the St. Louis & San Francisco Railroad Company, and that these two parallel and competing railroads have been consolidated and combined for the purpose of preventing competition, contrary to the laws of this state: therefore, be it Resolved, That a committee ot three senators be appointed by the lieutenant-governor to investigate said combination, its existence, nature, and terms, and the effect thereof upon freight and passenger rates between points in the state of Kansas upon said lines; that said committee shall have full power to subpoena witnesses, administer oaths thereto, and to take testimony, and to require the production of books and papers, to the end that a full investigation may be had; said committee to report to this body before the close of this session. The resolution was laid over, under the rules. Senator Allen introduced Senate resolution No. 39, as follows: Resolved, That the sergeant-at-arms be instructed to procure for the Senate chamber a thermometer, and hang the same to the chandelier in the center of the Senate chamber. The resolution was lost. PRESENTATION OF PETITIONS. Senator Stewart introduced Senate petition No. 1, In relation to an act for the protection of trade-marks. Senator Stewart introduced Senate petition No. 2, as follows: We, the undersigned citizens of Allen county, Kansas, who are interested in promoting the best interests of horticulture in our state, believe that Kansas fruits and Kansas vegetables should be eminently represented at the Louisiana Purchase Exposition, to be held at St. Louis, Mo, A. D. 1904. Therefore, we deem it our duty as well as privilege to solicit our representatives and state senators to set apart at least $10,000 of the appropriation for this exposition, to be made by our state Legislature during winter session of 1903, to be used exclusively and solely for a horticultural exhibit of Kansas products at and during said • exposition; and we especially urge that the said amount be placed subject to the orders of the officers and trustees of the Kansas State Horticultural Society, or those whom said officers and trustees shall elect to manage the Kansas horticultural exhibit at said exposition. Signed by John B. Fergus and 145 others, citizens of Allen county. The petition was referred to the Committee on Ways and Means. Senator Stewart introduced Senate petition No. 3, as follows: To the honorable Senate and the House of Representatives of the state of Kansas in Legislature assembled: We, the undersigned, residents of Allen county, Kansas, respectfully ask that section 2069 of Revised Statutes of 1901, providing what shall constitute grand larceny, should be amended so as to include all domestic fowls, wheat, oats, potatoes, cured, fresh or salt meat, or canned goods of any description, lard or butter, and harness or saddles, without regard to the value thereof. It has become the practice of what are known as petty thieves to steal just enough of the domestic fowls to be below the twenty-dollar mark, leaving it petty larceny instead of grand larceny, making their trips frequent,. so that a law of this kind becomes a necessity; therefore, please urge, the passage of this act. Signed by H. Wixon and 236 other citizens of Allen county. Senator Simons introduced Senate petition No. 4, as follows: To the honorable the Senate and the House of Representatives of the state of Kansas, in Legislature assembled : We, the undersigned, residents of Sumner county, Kansas, resspectfully ask that section 2069 of Revised Statutes of 1901, providing what shall constitute grand larceny, should be amended so as to include all domestic fowls, wheat, oats, potatoes, cured, fresh or salt meat, or canned goods of any description, lard or butter, and harness or saddles, without regard to value thereof. It has become the practice of what is known as petty thieves to steal just enough of the domestic fowls to be below the twenty-dollar mark, leaving it petty larceny instead of grand larceny, making their trips frequent, so that a law of this kind becomes a necessity; therefore, please urge the passage of this act. Signed by W. H. Lassell and thirty-six other citizens of Sumner county. Referred to Judiciary Committee. MESSAGE FROM THE HOUSE. The sergeant-at-arms announced a message from the House, by its chief clerk, as follows: MR. PRESIDENT: I am directed by the House to inform the Senate that the House has passed substitute for House bill No. 2, An act relating to the State Penitentiary. Also, passed Senate bill No. 105, An act making appropriation for legislative purposes. Also, adopted Senate concurrent resolution No. 11, Relating to adjournment. The bills and resolutions are transmitted herewith. W. P. MASON, Chief Clerk. The lieutenant-grovernor announced the following appointments on the part of the Senate: On the committee provided for by Senate concurrent resolution No. 6: Senators McMillan and Noftzger. On the part of the Senate, on the committee provided for by Senate concurrent resolution No. 7, Relative to the investigation of the institution styling itself "The International Harvester Company of North America," to ascertain by what, if any, authority it has to engage in business in this state Senators Ward and Allen. To be added to the Ways and Means Committee, the |