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MORNING SESSION.

TOPEKA, KANSAS, January 15, 1875.
10 o'clock A. M.

House called to order; Speaker in the chair.

Roll called. Quorum present. The following gentlemen answered to their names:

Messrs. Aldrich, Allen, Angell, Babcock, Bates, Barnes, Baldwin, Beegle, Bell, Benedict, Blair, Bradford, Briggs, Brinkman, C. J. Brown, G. W. Brown (Nemaha), G. W. Brown (Crawford), Bryan, Buchan, Burgess, Campbell, Carter, Codding. Conrad, Cowan, Donnelly, Doud, Duncan, Edmonds, Elder, Fain, Farwell, Ferguson, F. R. Foster, Fitzwilliam, Gibson, Goff, Goucher, Haskell, Haff, Hooton, Hubbs, Hulett, Huston, Jaquins, Johnston, Kingsbury, Landon, Legate, Lockwood, Loy, Mann, Marvel, Mackay, McNulty, Meredith, Merriweather, Miller, Mitchell, Mobley, C. Moore, Morse, Motter, Palmer, Pickett, Pilkenton, Raney, Reppert, Robinson, Root, Scott, A. W. Smith, T. E. Smith, W. C. Smith, Spurlock, Squires, Stauber, Stevenson, Sutton, Tabor, Taylor, Thacher, Tomlinson, Tuttle, Walker, Wells, Williams, Willis, Wirt, Wood, Woods, R. W. Wright, and Mr. Speaker.

Prayer by Rev. Mr. McCabe.

Journal of yesterday was read and approved.

The Speaker announced the following standing committees of the House for 1875:

Judiciary-Messrs. Buchan, Martin, Fitzwilliam, Hulett, Cox, Palmer, Bradford.

Ways and Means-Messrs. J. J. Woods, Elder, Lockwood, Kingsbury, C. J. Brown, Wells, Tomlinson.

State Affairs-Messrs. Elder, Ferguson, Miller, Haff, Haskell. Assessment and Taxation-Messrs. Legate, Johnston, Martin, Jaquins, Root.

Retrenchment and Reform-Messrs. Beegle, Hooton, Goucher, Spurlock, Pickett.

Railroads-Messrs. Allen, Haff, Beegle, S. M. Wood, J. N.

Foster, Blair, Tabor, W. C. Smith, Willis, Cornell, Johnston, Campbell, Bell, Squires, Cowan.

Federal Relations-Messrs. Vaughan, Cox, W. C. Smith, R. W. Wright, Angell.

Banks and Currency-Messrs. Benedict, Fitzwilliam, Haskell, Beegle, Morphy.

Corporations-Messrs. Haskell, Robinson, Sutton, Babcock,

Mann.

Internal Improvements-Messrs. F. R. Foster, Squires, Blair, Mobley, Mackay.

Public Lands-Messrs. Pilkenton, Stauber, A. W. Smith, Bryan, G. W. Brown.

Public Institutions-Messrs. Kingsbury, Briggs, Marvell, Merriweather, Loy.

Public Buildings-Messrs. Stevenson, Hulett, Aldrich, Horton, Motter.

Elections-Messrs. Landon, Bell, Marvell, T. E. Smith, Gibson. Militia-Messrs. Taylor, Wirt, Doud, Conrad, Johnston.

Education-Messrs. Thacher, Carter, Pilkenton, A. W. Smith,

Jewett.

Roads and Highways-Messrs. Willis, Landon, Huston, Pickett, Fain.

Printing-Messrs. Duncan, Codding, Legate, Atwood, Moore. Fees and Salaries-Messrs. S. M. Wood, Moore, Stauber, Tuttle, Burgess.

Counties-Messrs. Ferguson, Tomlinson, F. R. Foster, Walker, Merriweather.

County Lines and County Seats - Messrs. Mobley, Baldwin, Walker, Raney, Benedict, Meredith, Conrad.

Agriculture and Manufactures - Messrs. Loy, Scott, Reppert, Burgess, Bates.

Claims Messrs. Bradford, McNulty, Edmonds, Farwell, Goucher.

Accounts Messrs. Brinkman, Gibson, Donnelly, G. W. Brown of Crawford, Goff.

Engrossed Bills-Messrs. Mitchell, Babcock, Tabor, Bryan, Williams.

Enrolled Bills-Messrs. Miller, Hubbs, T. E. Smith, Barnes, F. R. Foster.

State Library-Messrs. Stauber, Vaughan, Angell, Palmer, Burgess.

Insurance-Messrs. Mackay, Thacher, Merriweather, Hubbs,

Angell.

Texas Cattle-Messrs. Allen, Carter, Benedict, Baldwin, R. M. Wright.

Also the following special committee on destitution, in accordance with House concurrent resolution No. 2: Messrs. R. W. Wright, Thacher, Mackay, Martin, Miller, Taylor, and Pilkenton.

PRESENTATION OF PETITION.

Mr. Mobley presented a petition of Geo. P. Parker and thirtythree others, asking for the passage of a law which will give better protection against prairie fires, which was referred to the Committee on Agriculture and Manufactures.

REPORT ON GOVERNOR'S MESSAGE.

The special committee, for the purpose of referring the several subjects contained in the Governor's Message to the appropriate committees, made the following report:

MR. SPEAKER: Your committee, to whom was referred the Governor's Message, have had the same under consideration, and would beg leave to report as follows: That that portion of the message relating to the destitute of our western frontier be referred to the special joint committee raised to consider that subject; that the portion of the message relating to agriculture be referred to the Committee on Agriculture and Manufactures; that the portion of the message relating to State finances be referred to the Committee on Ways and Means; that the portion of the message relating to retrenchment and reform be referred to the Committee on Retrenchment and Reform; that the portion referring to local taxes be referred to the Committee on Assessment and Taxation; that the portion of the message relating to the Indian question be referred to the Committee on Militia; that the portion of the message relating to our educational interests be referred to the Committee on Education; that the portion of the message relating to the Penitentiary and other public institutions be referred to the Committee on Public Institutions; that the portion of the message relating to the organization of new counties be referred to the Committee on Counties; that the portion of the message relating to taxing mortgages be referred to the

Committee on Taxation; that the portion of the message relating to biennial sessions of the Legislature, and to a revision of the Statutes, be referred to the Committee on Judiciary; that the portion of the message referring to the Price raid claims be referred to the Committee on Claims; that the portion of the message relating to the filing of a record by county officers be referred to the Committee on Counties; that the portion of the message relating to the Insurance Department be referred to the Committee on Insurance. All of which is respectfully submitted. R. S. STEVENSON. P. P. ELDER.

Which report was adopted.

T. D. THACHER.

Mr. Haff introduced the following resolution, and moved its adoption:

Resolved, That there be printed three hundred copies of the report of the committee, created by joint resolution at the special session of the Legislature of 1874, to investigate the counties of Harper, Barbour, and Comanche, as to their organization, present condition, number of inhabitants, etc., together with the evidence taken.

Which resolution was adopted.

MAJORITY REPORT.

To His Excellency, THOMAS A. OSBORN, Governor of Kansas: In accordance with House joint resolution No. 1, special session of the Legislature, appointing a committee to examine into the condition of the counties of Barbour, Comanche, and Harper, your committee would most respectfully submit the following:

That they have carefully and fully investigated all the material facts connected with the said organizations of the counties above named, and from the best attainable information and evidence to be had in the premises, offer the following statement as their report of the condition of said counties:

First: That the said county of Barbour was organized on the 14th day of April, A. D. 1873, and from the returns of the officer whose duty it was to take the census of said county-which said return is now on file in the office of the Secretary of State-we find according to the certificate of H. T. McCarty that there were on or before the 28th day of March, A. D. 1873, six hundred and eight (608) inhabitants.

Second: We find the financial condition of the county of Barbour as follows: Bonds voted for the construction of the Nebraska, Kansas & Southwestern Railroad amounting to one hundred thousand dollars; funding indebtedness of said county, forty-one thousand ($41,300) three hundred dollars; making the bonded indebtedness of the county, in the aggregate, one hundred and forty-one thousand three hundred dollars ($141,300).

Third: And from information derived from various citizens of said county, in our judgment there were at the time of the organization of said county over six hundred (600) inhabitants. But at the present time there are less than that number. We ascertained from the citizens that this decrease is owing to the fact that many families left the county on account of Indian raids into said county and section last summer, and went to places of safety for the time being; although, in giving the number of inhabitants, it is simply the opinion of your committee, derived from parties who should be more or less conversant with the matters and things in the said county, and should at least form an approximation of the number of inhabitants contained within the limits of Barbour county.

In view of these ascertained facts, and from general and special information derived from various sources, we find that the organization of Barbour county was made in accordance with the existing law upon the subject of the organization of new counties in the State, as per section 1, chapter 106, acts of 1872.

In relation to the voting of bonds for railroad and other purposes, we found some conflict of testimony; but the preponderance of evidence, as well as the records of the clerk's office, show that the bonds were voted by a majority of the votes cast, and further, that it was a voluntary act upon the part of the people, or at least those who voted; and whether they were legal voters or not, the committee cannot tell.

We find further, that elections were held in said county, at various times, for representative and county officers, and also for the voting of bonds; and the records show that, at the election for representative and county officers, November 4th, 1873, there were over two hundred and fifty (250) votes cast. This committee, as above stated, has no means of knowing whether these were legal voters of the county, except from inferences that, had they not been, they would not have been permitted to vote.

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