Senator Rankin moved that Senate bill No. 213 be placed at the head of general orders. Laid over under the rules. Senator Woodward moved that the journal of the previous day be approved as printed, which motion prevailed. CONSIDERATION OF MOTIONS AND RESOLUTIONS OF A PREVIOUS DAY. Senate concurrent resolution, asking the President of the United States to enforce his orders as to keeping cattle in the Indian Territory, was taken up. Senator Roe moved that the resolution be referred to the proper committee. Senator Kelley, of Crawford, moved that the motion and resolution be laid on the table, which motion prevailed. The motion of Senator Gillett, to reconsider the vote by which Senate bill No. 122 was lost, was passed over, to retain its place on the calendar. Senator Mechem moved that the Senate recede from its amendments to House bill No. 756. Senator Harkness raised the point of order, that the motion of Senator Mechem was a violation of rule 8. The point of order was sustained by the president. Senator Roe moved that the Senate rescind its instructions to the conference committee to adhere to the Senate amendments to House bill No. 756, which motion was lost. Senator Harkness moved that the Senate do now adjourn, which motion prevailed. Senate adjourned. AFTERNOON SESSION. SENATE CHAMBER, TOPEKA, KANSAS, Tuesday, February 24, 1891. 2 o'clock P. M. The Senate met pursuant to adjournment; the president in the chair. The roll was called. The following Senators were absent: Messrs. Emery, King, Moody, and Senior. Senator Osborn moved that the Senate chamber be tendered to Mr. Gompers for his use to-night, which motion prevailed. CONSIDERATION OF HOUSE MESSAGES. Senator Buchan called up Senate bills Nos. 232, 236 and 237, and moved that the Senate non-concur in the House amendments to the above bills, which motion prevailed. Senator Forney, chairman of the Committee on Engrossed Bills, reported Senate bill No. 319, An act prohibiting combinations to prevent competition among persons engaged in buying or selling live stock, and to provide penalties therefor, back to the Senate correctly engrossed. Also, Senate bill No. 190, An act relating to descents and distribution, amendatory of chapter 33 of the general statutes of 1889, and repealing section 19 thereof, back to the Senate correctly engrossed. COMMITTEE OF THE WHOLE. Senator Carroll, of Leavenworth, moved that the Senate go into committee of the whole for the consideration of bills on the calendar, under the head of special orders. A vote being had, the motion prevailed. The Senate went into the committee of the whole, with Senator Hays in the chair. After some time spent therein the committee arose, and through its chairman submitted the following report: MR. PRESIDENT: The committee of the whole Senate have 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. 11, An act in relation to assessments and taxation, and amendatory of chapter 34 of the laws of 1876, be passed as amended, and placed on third reading, subject to amendment only. That Senate bill No. 3, An act providing for a board of public works, defining its duties, providing penalties for violations of the act, and repealing certain acts, be passed. That motion of Senator Kimball, that joint resolution No. 1 be made a special order for Thursday, February 19, at 2:30 P. M., be made a special order for Friday, at 2 o'clock. That Senate bill No. 203, An act to regulate warehouses, the inspection, weighing and handling of grain, be passed as amended. That, pending the consideration of substitute for Senate bill No. 10, An act providing for organization and regulation of banks, the com mittee arose, reported progress, and ask leave to sit again, and that the special order be continued until Wednesday, February 25, at 2 P. M. R. R. HAYS, Chairman. Senator Hays moved that the report of the committee of the whole be adopted, which motion prevailed. MESSAGES FROM THE HOUSE OF REPRESENTATIVES. MR. PRESIDENT: I am directed by the House to inform the Senate that the House has passed the following bills: Senate bill No. 365, An act appropriating four hundred dollars, or as much thereof as may be necessary, to pay such expenses as are required to be advanced by the committees appointed to investigate the explosion at Coffeyville. House bill No. 491, An act making an appropriation for the current expenses, buildings, and repairs of the Kansas State Soldiers' Home at Fort Dodge, for the fiscal years ending June 30, 1892, and June 30, 1893. The House has concurred in Senate concurrent resolution No. 24, relating to appointment of local executive to perfect arrangements for commercial congress at Kansas City. The House insists on its amendments to the following bills: Senate bill No. 237, An act making appropriation for the current expenses of the Topeka Insane Asylum for the fiscal years ending June 30, 1892, and June 30, 1893. Senate bill No. 232, An act making appropriation for the current expenses of the Institution for the Idiotic and Imbecile Youth for the years ending June 30, 1892, and June 30, 1893. Senate bill No. 236, An act making appropriation for the current expenses of the Osawatomie Insane Asylum for the fiscal years ending June 30, 1892, and June 30, 1893. The bills and Senate concurrent resolution are transmitted herewith. FIRST READING OF HOUSE BILLS. The following House bill was read the first time: House bill No. 197, An act to authorize and empower the board of education of Topeka, in Shawnee county, to issue the bonds of their school district for purchasing sites for and erecting buildings, and making additions to present buildings, and furnishing said buildings and additions as school rooms and for offices for the board of education and superintendent. REPORTS OF STANDING COMMITTEES. Senator Gillett, chairman of the Committee on Judiciary, reported House bill No. 540, An act relating to mortgages and other liens upon real estate, providing for the enforcement thereof, and regulating the right of redemption therefrom, and recommended that it be amended as follows: Amendment No. 1: Strike out section 1 of the bill, and insert the following as section 1: 64 SECTION 1. Any mortgage of real estate containing a power of sale upon default or breach of condition may, upon the happening of such default or breach of condition, be foreclosed, and the real estate described therein sold by the sheriff of the county in which said real estate, or a part thereof, is situated, in the manner prescribed by this act, and no trustee, officer, or person, other than the sheriff of the proper county, shall execute any such power of sale." Amendment No. 2: In section 2, line 9, strike out all after the word "shall," and insert: "Subscribe such demand with his name and address, and shall also deliver to the sheriff the original or a copy of the note, bond or other evidence of debt, and the mortgage or trust deed securing the same, and shall pay to the sheriff ten dollars. The original note, bond, or other evidence of indebtedness shall be delivered to the sheriff before any sale shall be made." Amendment No. 3: In section 3 strike out all after the word "sale," in line 3, and insert: "For the time and in the manner prescribed by law for the sale of lands and tenements taken on execution. The sheriff shall pay to the publisher of the paper in which the notice of such sale is published fifteen cents per line of twenty-six ems nonpareil for the five insertions thereof; and if the costs of such advertising shall exceed five dollars, the excess shall be paid to the sheriff by the person who demanded such sale before the sale shall be made." Amendment No. 4: In section 4, line 5, strike out the words "receive the ten dollars paid to him as above, and no more," and insert "receive five dollars and the cost of publishing the notice of sale as herein provided." Amendment No. 5: In section 4, insert after the word "land," in line 2, “at the court house door." Amendment No. 6: In section 5, after the word "execution," in line 3, insert the following: "or which he may have hereafter acquired prior to such sale." Amendment No. 7: In section 6, after the word "due," in line 3, insert "or which for any reason ought not to have been made." Amendment No. 8: In section 6 strike out all after "sale," in line 11, and insert the following: "And said court may also hear and determine any difference between the parties in interest as to the amount due on any mortgage, the amount required to redeem the priority of liens, or disposition of any surplus, or any other matter relating thereto, in the manner provided by this act. Such proceeding shall be in the form of a civil action, to be commenced and in all respects proceeded with as other actions, except as herein otherwise provided. Instead of a summons, the plaintiff shall serve or cause to be served on the defendant, a written notice subscribed by the plaintiff or his attorney, substantially in the form of a summons, and such notice when served as herein provided, shall have the same force and effect of a summons issued and served in the usual manner. Such notice may be served personally or by sending a copy by registered mail to the address of the person to be served if known, and if unknown, service may be made upon the sheriff, which shall have the same effect as service by publication. Such action shall have precedence of other civil actions, and no security for costs shall be required therein. The person in whose favor judgment is rendered in any such action shall, in addition to his costs, recover a reasonable attorney's fee, to be fixed by the court; and if the sale be set aside or judgment is rendered against the person on whose demand the sale was made, such judgment shall be a lien upon the note or other evidence of debt in the hands of the sheriff; and in other cases, the judgment may be adjudged an additional lien upon the land, or added to the amount that is required to redeem the same, as may be equable to the parties in interest; but any such judgment may be collected in the same manner as other judgments." Amendment No. 9: In section 7, after the word "pending," in line 2, insert: "The sheriff shall pay to the creditor secured by the mortgage so much of the sale as may be necessary to pay his claim and the costs of suit advanced by him, and if there are no junior liens the surplus if any shall be paid to the owner of the real estate sold, and in case of a dissagreement as to the disposition of any surplus, the same may be the court as hereinbefore provided." Amendment No. 10: In section 7 insert after the word "same," in line 4, the words "if not paid in full.” Amendment No. 11: In section 7, line 6, strike out the word "ten" and insert "five" in lieu thereof; and in the same section, in line 7, strike out the words "for expenses of sale" and insert the following in lieu thereof: "The costs of advertising, and one dollar for the clerk of the district court for filing, entering and recording the report of such sale." Amendment No. 12: In section 7, after the word "sheriff," in line 9, insert "and deliver to the maker or send to him by mail if his address is known." |