Fitzpatrick, Fullington, McKnight, Peterson, Sponable, Vincent, White, and Wulfekuhler. 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. 237, An act authorizing the State Schoolfund Commissioners to purchase refunding bonds to be issued by the city of Le Roy, Coffey county, Kansas, 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, Branine, Buschow, Caldwell, Carpenter, Chaney, Conrad, Crum, Findlay, Fulton, Gabriel, Householder, Hurrel, Kennedy, King, Leidy, McKnight, McMillan, Miller, Morehouse, Morrow, Noftzger, Pestana, Simons, Smith, Stewart, Tapp, Ward, Wright, and Wulfekuhler. Senators absent or not voting were: Codding, Cubbison, Fitzpatrick, Fullington, Henley, Peterson, Porter, Sponable, Vincent, 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. 236, An act authorizing the State Schoolfund Commissioners to purchase refunding bonds to be is sued by Le Roy township, Coffey county, Kansas, was read the third time, and the question being, Shall the bill pass? the roll was called, with the following result: Yeas 32, nays (); absent or not voting, 8. Senators voting in favor of the passage of the bill were: Allen, Branine, Buschow, Caldwell, Carpenter, Chaney, Codding, Conrad, Crum, Findlay, Fulton, Gabriel, Henley, Householder, Hurrel, Kennedy, Leidy, McKnight, McMillan, Miller, Morehouse, Morrow, Noftzger, Porter, Simons, Smith, Stewart, Tapp, Ward, White, Wright, and Wulfekuhler. Senators absent or not voting were: Cubbison, Fitzpatrick, Fullington, King, Pestana, Peterson, Sponable, and Vincent. A constitutional majority having voted in favor of the passage of the bill, the bill passed, and the title was agreed to. Senator Smith introduced Senate resolution No. 54, as as follows: Be it resolved, That on Friday, February 20, the president appoint a committee of five to revise the Senate Calendar. Said committee to revise the Senate Calendar for Monday, February 23, and all days of the session thereafter. The resolution was adopted. Senator Ward introduced Senate concurrent resolution No. 25, as follows, and moved its adoption : Senator McMillan seconded the motion. WHEREAS, On the 18th day of March, 1901, 285 convicts in the coal-mine at the Kansas Penitentiary mutinied, and by display of force, violence and threatened death imprisoned fourteen officers in charge of said convicts, and for thirty-six hours held them prisoners in said mine; and WHEREAS, The persons hereinafter named, employees at said Penitentiary, with a heroic disregard of danger, with such fearlessness in the discharge of duty, as has seldom been equaled and never surpassed in the history of this state, descended into the darkness of the mine, released the imprisoned officers, restored them to their friends, and reestablished order and discipline in the prison: now, therefore, Be it resolved by the Senate of the State of Kansas, the House concurring therein : SECTION 1. That for the heroic services above indicated, the thanks of the Legislature of the state of Kansas are hereby extended to the following brave men, to wit: J. W. Newell, of Montgomery county; G. G. Hannon, of Cloud county; P. E. Tipton, of Lyon county; Wm. Duckett, of Chase county; Geo. Boner, of Ottawa county; Henry Stauf, of Marshall county; Dave Welch, of Geary county; L. C. Bowers, of Douglas county; and that they are hereby commended to the sincerest gratitude and highest esteem of their fellow citizens. SEC. 2. That the secretary of the Senate be and he hereby is directed to transmit to each of the aforesaid men a copy of these resolutions. The resolution was adopted. On request of Senator Smith, Senate bill No. 262 was rereferred to the Committee on Judiciary. On motion of Senator McKnight, Senate bill No. 462 was substituted for Senate bill No. 462. Senator Noftzger moved that, as a mark of respect to Col. Richard L. Walker, deceased, that the Senate do now adjourn until 7:30 this evening. The motion prevailed. EVENING SESSION. SENATE CHAMBER, TOPEKA, Kan., 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, Conrad, Crum, Findlay, Fitzpatrick, Fulton, Gabriel, Henley, Householder, Hurrel, King, Leidy, McKnight, McMillan, Miller, Morehouse, Morrow, Noftzger, Pestana, Peterson, Porter, Simons, Smith, Sponable, Stewart, Tapp, Vincent, Ward, White, Wright, and Wulfekuhler. Absent: Senators Cubbison and Fullington. INTRODUCTION OF BILLS. By Senator Pestana: Senate bill No. 545, An act authorizing railway companies to condemn lands owned by the state or in which the state has an interest. On motion of Senator Pestana, an emergency was declared, the rules suspended, and Senate bill No. 545 was read a second time and referred to the Committee on Elections. By Senator Crum: Senate bill No. 546, An act concerning the election of a county printer in Anderson county, Kansas, prescribing his duties and compensation, and repealing all acts and parts of acts in conflict with this act. On motion of Senator Crum, an emergency was declared, the rules were suspended, and Senate bill No. 546 was read a second time and referred to the Committee on Printing. By Senator McKnight: Senate bill No. 547, An act to authorize the city of Manhattan, in Riley county, Kansas, to levy a tax for the support of a library. On motion of Senator McKnight, an emergency was declared, the rules suspended, and Senate bill No. 547 was read a second time and referred to the committee of the whole. By Senator Wright: Senate bill No. 548, An act au thorizing the establishment and maintenance of foot-paths or sidewalks along public highways, prohibiting trespassing thereon, and prescribing penalties for the violation thereof. On motion of Senator Wright, an emergency was declared, the rules suspended, and Senate bill No. 548 was read a second time and referred to the Committee on Roads and Bridges. By Senator Findlay: Senate bill No. 549, An act to amend section 2475 of the General Statutes of 1901. MESSAGE FROM THE HOUSE. MR. PRESIDENT: I am directed by the House to inform the Senate that the House has adopted House joint resolution No. 1, In relation to old claims and demands against the state of Kansas. The resolution is transmitted herewith. W. P. MASON, REPORTS OF STANDING COMMITTEES. Senator Branine, chairman of the Committee on Military Affairs and Claims, offered the following report; MR. PRESIDENT: Your Committee on Military Affairs and Claims, to whom was referred Senate bill No. 325, An act to provide for the creation of a soldiers' and sailors' monument and making an appropriation for the same, have had the same under consideration, and instruct me to report the bill back to the Senate with the recommendation that it be amended as follows: 1. Amend the title of said act so as to read: "An act to provide for the erection of a soldiers' and sailors' monument by the state of Kansas and providing for the levy and collection of taxes to pay for the same." 2. That the first sentence in section 1 be stricken out and the following language inserted in lieu thereof: "That for the purpose of erecting a soldiers' and sailors' monument, as provided in this act, to commemorate the memory of the patriotism, valor and heroic services of the soldiers and sailors of the Union from 1861 to 1865, the Executive Council shall appoint five commissioners." 3. That in line 19 of section 4, the words "twenty-five thousand dollars" be stricken out and the following language inserted in lieu thereof: "The amount of the taxes realized and collected under the provisions of this act." 4. That the language in section 10, from the first to the word "any," in line 6 of said section, be stricken out, and the following language inserted in lieu thereof: "That for the purpose of raising funds with which to pay the cost and expenses of the erection of the monument provided for by this act, there shall be assessed, levied and collected, and the proper officers of the state are hereby authorized and directed to assess, levy, and collect, in the year 1903, the sum of onetenth of one mill on each dollar of taxable property in the state of Kansas, and in the year of 1904 the sum of one-tenth of one mill on each dollar of taxable property in the state of Kansas, all of which taxes shall be assessed, levied and collected as other state taxes are assessed, levied, and collected; and the proceeds of said taxes herein authorized and directed to be assessed, levied and collected shall be appropriated to the exclusive use and for the sole purposes herein stated, and that said bill be passed, as amended. C. E. BRANINE, Chairman. Senator, Fitzpatrick moved that Senate bills Nos. 490 and 470 be made a special order for to-morrow morning at 10:30. The motion prevailed. COMMITTEE OF THE WHOLE. Senator Allen moved that the Senate go into committee of the whole for 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 Allen in the chair. After some time spent therein the committee rose, and the chairman submitted the following report: MR. PRESIDENT: The committee of the whole Senate have had had under consideration bills on the Calendar under the head of "General Orders," and I am directed to report as follows: Recommend that Senate bill No. 52, An act amending section 5 of chapter 60 of the Session Laws of 1871, be passed, subject to amendment and debate. Also, Senate bill No. 31, An act to amend section 2 of chapter No. 234 of the Laws of 1887, and to repeal said section 2, chapter 234, of the Laws of 1887, and all acts and parts of acts in conflict herewith, be reported back with the recommendation that the enacting clause be stricken out. Also, Senate bill No. 137, An act providing for the time of commencement of civil actions, be passed as amended, subject to amendment and debate. Also, Senate bill No. 135, An act amending section 41, article 1, chapter 50, of the Laws of 1891, as amended by the Laws of 1875, chapter 112, section 4, and repealing said section 41 of article 1, chapter 50, of the Laws of 1901, be given further consideration. |