at the expiration of the second year, of the second class at the expiration of the fourth year, and of the third class at the expiration of the sixth year, so that one-third may be chosen every second year; and if vacancies happen, by resignation or otherwise, they shall be filled as may be required by law in the different states. No person shall be a senator who shall not have attained to the age of thirty years and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state for which he shall be chosen.

The vice-president of the United States shall be president of the Senate, but shall have no vote unless they be equally divided.

The Senate shall choose their other officers and also a president pro tempore in the absence of the vice president, or when he shall exercise the office of President of the United States.

The Senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the President of the United States is tried, the chief justice shall preside; and no person shall be convicted without the concurrence of two thirds of the members present.

Judgment in the cases of impeachment shall not extend further than to remove from office, and disqualification to hold and enjoy any office of honor, trust or profit under the United States; but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment, according to law.

SEC. 3. That upon the approval of this resolution by the governor, he is requested to transmit a certified copy of the same to each branch of the Congress of the United States.

The resolution was laid over, under the rules.

Senator McMillan introduced Senate concurrent resolution No. 13, For the submission of a proposition to amend the constitution of the state of Kansas:

Be it resolved by the Legislature of the State of Kansas, twothirds of the members elected to each house thereof coucurring there in :

SECTION 1. The following proposition to amend the constitution of the state of Kansas is hereby submitted to the qualified electors of the state for their approval or rejection: Strike out sections 19 and 20 of article 2 of the constitution, and change the numbering of the other sections of said article so as to conform of the striking out of said sections, and amend section 1 of said article 2 so that it shall read as follows:

SEC. 2. The legislative authority of the state shall be vested in a Legislature, consisting of a Senate and House of Representatives, but the people reserve to themselves power to propose laws and amendments to the constitution, and to enact or reject the same at the polls, independent of the legislative assembly, and also reserve

power at their own option to approve or reject at the polls any act of the legislative assembly. The first power reserved by the people is the initiative, and not more than ten per cent. of the legal voters shall be required to propose any measure by such petition, and every such petition shall include the full text of the measure so proposed. Initiative petitions shall be filed with the secretary of state not less than four months before the election at which they are to be voted upon. The second power is the referendum, and it may be ordered (except as to laws necessary for the immediate preservation of the public peace, health, or safety), either by the petition signed by fifteen per cent. of the legal voters, or by the legislative assembly, as other bills are enacted. Referendum petitions shall be filed with the secretary of state not more than ninety days after the final adjournment of the session of the legislative assembly which passed the bill on which the referendum is demanded. The veto power of the governor shall not extend to measures referred to the people.

All elections on measures referred to the people of the state shall be held at the biennial regular general elections, except when the legislative assembly shall order a special election. Any measure referred to the people shall take effect and become the law when it is approved by a majority of the votes cast thereon, and not otherwise. The style of all bills shall be, "Be it enacted by the people of the state of Kansas." This section shall not be construed to deprive any member of the legislative assembly of the right to introduce any measure. The whole number of votes cast for justice of the supreme court at the regular election last preceding the filing of any petition for the initiative or for the referendum shall be the bases on which the number of legal voters necessary to sign such petition shall be counted. Petitions and orders for the initiative and for the referendum shall be filed with the secretary of state, and in submitting the same to the people he and all other officers shall be guided by the general laws and the act submitting this amendment until legislation shall be especially provided therefor. The Legislature shall provide for the speedy publication of every law enacted, and no law of a general nature shall take effect until the same shall be published.

SEC. 3. This proposition shall be submitted to the electors of this state at the general election in November, A. D. 1904, for their approval or rejection. The amendment hereby proposed shall be designated on the official ballot by the following title: "The amend ment to the constitution relating to the initiative and referendum,” shall be voted for or against as provided by law under such title.

SEC. 4. This resolution shall take effect and be in force from and after its publication in the statute-book.

The resolution was laid over, under the rules.

On motion of Senator Noftzger, the Senate adjourned.

EIGHTH DAY.

AFTERNOON SESSION.

SENATE CHAMBER, TOPEKA, KAN.,

January 26, 1903-4 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, Chaney, Codding, 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 Fullington and Conrad.
Prayer by the chaplain.

Senator Allen introduced Senate concurrent resolution No. 14, as follows

WHEREAS, Galen Nichols, county attorney of Shawnee county, on the relation of A. A. Godard, attorney-general, commenced a suit April 9, 1901, in the district court of Shawnee county, to oust forty or more fire-insurance companies from doing business in the state of Kansas on the alleged ground that they were operating in violation of the anti-trust law;

WHEREAS, The said Galen Nichols traveled about the country taking depositions in the aforesaid case and announced in the newspapers that he was making it warm for the trust;

WHEREAS, The case has been dragging in the district court nearly two years, and several times has been continued at the request of the defendant companies and by consent of the said Nichols;

WHEREAS, The record in the clerk's office of the district court shows that nothing has been done about the case since May 28, 1902, when it was continued;

WHEREAS, It is charged by the said Nichols in his bill of particulars, and repeatedly charged by newspapers and by politicians on the stump, that the defendant companies are in a combination to increase rates and to accomplish their purpose have agreed to keep in --7 Sen.

force rates fixed by the so-called Eldridge rating bureau of Topeka, in violation of the aforesaid anti-trust law;

WHEREAS, The people of Kansas are deeply interested in the outcome of the litigation started by the said Nichols on the relation of the attorney-general: therefore, be it

Resolved, That the Committee on Insurance in the Senate and the Committee on Insurance in the House are hereby instructed to ascertain the status of the case herein referred to, and the reason it has not been brought to trial, and report at the earliest possible date.

The resolution was laid over, under the rules.

Senator Carpenter introduced Senate concurrent resolution No. 15, as follows:

Resolved by the Senate, the House of Representatives concurring therein, That the Senate and House of Representatives meet in Representative hall in joint session at twelve o'clock noon, Wednesday, January 28, 1903, for the purpose of electing a United States senator.

The resolution was adopted.

Senator Householder introduced Senate concurrent resolution No. 16, as follows:

WHEREAS, The United States Congress, on January 12, 1899, enacted a law providing for the payment of one month's extra pay to each honorably discharged soldier and officer of the volunteer army, and providing he had not accepted or been granted a furlough; and WHEREAS, Every volunteer regiment was placed upon waiting orders for one month previous to muster-out and discharge; and

WHEREAS, Many Western regiments, like our own Twenty-second Kansas, were sent home for thirty days under arms and the command of their officers, subject to call at any moment; and

WHEREAS, The war department construed this "home waiting orders" as a furlough, and refused the soldiers under such orders the benefit of the month's pay; and

WHEREAS, We believe this ruling has worked an injustice to our soldier boys and that it was not in accord with the intention of our national lawmakers when they passed the law of January 12, 1899, granting such extra pay: now, therefore, be it

Resolved by the Senate, the House concurring therein, That the members of Congress from this state be requested and the Senaators are hereby directed to use their best efforts to secure the passage of Senate bill No. 3031, which has recently been introduced into the United States Senate to correct this great injustice.

The resolution was laid over, under the rules.

INTRODUCTION OF BILLS.

By Senator Porter: Senate bill No. 167, An act to amend section 74 of chapter 80 of the General Statutes of 1868, entitled "An act to establish a code of civil procedure," and repealing said original section.

Also (by request), Senate bill No. 168, An act making appropriations for the State Geological Survey of Kansas and providing for the publications of the reports of the

same.

By Senator Carpenter: Senate bill No. 169, An act to change a name.

Also, Senate bill No. 170, An act to amend section 164 of chapter 74 of the General Statutes of 1897, entitled "An act to establish an insurance department in the state of Kansas and to regulate the companies doing business therein," approved March 1, 1871.

By Senator F. D. Smith: Senate bill No. 171, An act to vacate certain streets and alleys and parts of streets and alleys in Diesem's addition to Garden City, in Finney county, Kansas.

Also, Senate bill No. 172, An act to vacate Paul Jones's second addition to the city of Garden City, Finney county, Kansas.

Also, Senate bill No. 173, An act to authorize and empower the board of county commissioners of Ness county, Kansas, to levy a special tax to create a sinking-fund for the erection of a court-house in said county and to invest the funds arising from the collection of said tax.

Also, Senate bill No. 174, An act for the relief of F. C. Borthwick and G. A. Borthwick.

By Senator Tapp: Senate bill No. 175, An act regulating the salary of the coroner of Sedgwick county, Kansas. Also, Senate bill No. 176, An act to authorize and empower the board of county commissioners of any county. and mayor and council of any city within the state of Kansas to appropriate money or issue bonds for the purpose therein expressed, and to perpetuate the memory of the soldiers of the Union in the war of the rebellion.

By Senator McKnight: Senate bill No. 177, An act en