MOTION TO REFER TO SPECIAL COMMITTEE OF ONE. Senator Miller moved to refer to Senator Willis as a special committee of one, to amend as follows: By striking out of Section 1, lines 7 and 8, the words "and for the trial and rendition of judgments in actions of forcible entry or unlawful detainer"; also, strike out of Section 2, line 2, the word "25th" and insert in lieu thereof the word 27th"; also, strike out of same line the letter "M," and insert in lieu thereof the word " midnight.' Motion carried. REPORT OF SPECIAL COMMITTEE OF ONE. SENATE CHAMBER, SACRAMENTO, November 22, 1907. Report of special committee of one, and amendments, adopted. RESOLUTION——(OUT OF ORDER). The following resolution and preamble were offered: Senate Resolution relative to the passage of an Act by Congress suspending the provisions of Section 2324 of the Revised Statutes of the United States, relative to annual work on mining elaims. WHEREAS, The financial stringency now being experienced in the State of California, as well as in adjoining states, has worked great hardship upon those persons who annually contribute to a large amount of money for the performance of the annual labor upon mining claims, as required by the provisions of Section 2324 of the Revised Statutes of the United States. Resolved, therefore, by the Senate of the State of California, That our Senators and Representatives in Congress be requested to use all honorable means to secure the passage of legislation by the Congress next to convene, suspending the operation, for the year 1907, of that portion of the Revised Statutes of the United States, Section 2324 thereof, requiring the expenditure annually of one hundred dollars in labor and improvements upon unpatented mining claims, similar legislation having been enacted by Congress in the years 1893 and 1894; be it therefore Resolved, That the Secretary of the Senate be and is hereby directed to transmit a copy of this resolution to each of our Senators and Representatives in Congress. Resolution and preamble read and adopted. RECESS. At eight o'clock and twenty-five minutes P. M., on motion of Senator Leavitt, the President pro tem. declared the Senate at recess for ten minutes. RECONVENED. At eight o'clock and thirty-five minutes P. M., the Senate reconvened. Hon. Edward I. Wolfe, President pro tem. of the Senate, in the chair. RESOLUTIONS (OUT OF ORDER). The following resolutions were offered: By Senator Lynch: Resolved, That H. P. Travers, Bookkeeper to the Sergeant-at-Arms of the Senate, be instructed to deliver all warrants, vouchers, and papers after the close of the session to their proper owners and also to make up a file of three sets of chapters and send the same to each Senator; and that he be allowed fifty dollars for the above services, and the Controller is instructed to draw his warrant for the same, payable out of the Contingent Fund of the Senate, and the Treasurer is instructed to pay the same. Also: Resolved, That the Controller of State be and he is hereby directed to draw his warrant in favor of Secretary of Senate in the sum of $51.50 in payment of the bills hereto attached, same payable out of Contingent Fund of Senate. Also: Resolved, That Lewis A. Hilborn, Secretary of Senate, be and he is hereby authorized and directed to remain after the close of the Thirty-seventh (extra) Session of the Legislature for the purpose of correcting and approving all the Senate records, and to compile and have printed a final calendar of all legislative business of this session. For the purpose of carrying out this work the sum of $100 is hereby allowed said Lewis A. Hilborn, and the Controller is hereby directed to draw his warrant in favor of said Lewis A. Hilborn, the said sum being payable out of the Contingent Fund of the Senate. Resolutions read, and referred to Committee on Contingent Expenses. REPORT OF STANDING COMMITTEE (OUT OF ORder). On motion of Senator Leavitt, the following report of standing committee was received and read: ON JUDICIARY. SENATE CHAMBER, SACRAMENTO, November 22, 1907. MR. PRESIDENT: Your Committee on Judiciary, to whom was referred Assembly Bill No. 1-An Act to amend Section 10 of the Code of Civil Procedure, relating to holidays. Also: Assembly Bill No. 3—An Act to amend Section 10 of the Political Code, relating to holidays. Also: Assembly Bill No. 4--An Act to amend Section 7 of the Civil Code, relating to holidays. Have had the same under consideration, and respectfully report the same back with the recommendation that they do not pass. LUKENS, Chairman. Assembly Bills Nos. 1, 3, and 4 ordered on file for second reading. MESSAGE FROM THE ASSEMBLY (OUT OF ORDER). On motion of Senator Miller, the following message from the Assembly was received and read: ASSEMBLY CHAMBER, SACRAMENTO, November 22, 1907. MR. PRESIDENT: I am directed to inform your honorable body that the Assembly on this day amended, and passed as a case of urgency, so amended, Senate Bill No. 7-An Act to amend Section 5 of the Act entitled "An Act to provide for the issuance and sale of State bonds to create a fund for the acquisition by the Board of State Harbor Commissioners of a necessary area for a tidal basin for wharves, piers, harbors, and appurtenances in the City and County of San Francisco; to create a sinking fund for the payment of said bonds; and defining the duties of State officers in relation thereto; making an appropriation of one thousand dollars for the expense of printing said bonds; and providing for the submission of this Act to a vote of the people,' approved March 21, 1907, relating to the redemption of such bonds and creating a sinking fund for such purpose, and adding a new section to said Act to be numbered Section 103, relating to the publication of said Act, and providing for the payment of the cost of publication of the same-and respectfully request your honorable body to concur in said amendments. CLIO LLOYD, Chief Clerk of the Assembly. The question being, "Shall the Senate concur in the following Assembly amendments to Senate Bill No. 7?" Amend by striking out the words "said Act," in line 1 of Section 1, page 1, of the printed bill, and inserting in lieu thereof as follows: "An Act entitled "An Act to provide for the issuance and sale of State bonds to create a fund for the acquisition by the Board of State Harbor Commissioners of a necessary area for a tidal basin for wharves, piers, harbors, and appurtenances in the City and County of San Francisco; to create a sinking fund for the payment of said bonds, and defining the duties of State officers in relation thereto; making an appropriation of one thousand dollars for the expense of printing said bonds; and providing for the submission of this Act to a vote of the people,' approved March 21, 1907." And by striking out the words, "said Act," in line 1 of Section 2, page 3, of the printed bill, and inserting in lieu thereof as following: "An Act entitled 'An Act to provide for the issuance and sale of State bonds to create a fund for the acquisition by the Board of State Harbor Commissioners of a necessary area for a tidal_basin for wharves, piers, harbors, and appurtenances in the City and County of San Francisco; to create a sinking fund for the payment of said bonds; and defining the duties of State officers in relation thereto; making an appropriation of one thousand dollars for the expense of printing said bonds; and providing for the submission of this Act to a vote of the people,' approved March 21, 1907." The roll was called, and the Senate concurred in the above Assembly amendments to Senate Bill No. 7 by the following vote: AYES Senators Anthony, Bates, Bell, Belshaw, Black, Broughton, Caminetti, Carter, Curtin, Greenwell, Hartman, Keane, Kennedy, Leavitt, Lynch, Markey, McCartney, McKee, Miller, Nelson, Price, Rambo, Reily, Rolley, Rush, Sanford, Savage, Walker, Weed, Welch, Willis, Wolfe, and Wright-32. NOES-None. Senate Bill No. 7 ordered to enrollment. ASSEMBLY CHAMBER, SACRAMENTO, November 22, 1907. MR. PRESIDENT: I am directed to inform your honorable body that the Assembly on this day refused adoption of Senate Joint Resolution No. 1-Relative to the passage of an Act by Congress suspending the provisions of Section 2324 of the Revised Statutes of the United States, relative to annual work on mining claims. CLIO LLOYD, Chief Clerk of the Assembly. REPORT OF STANDING COMMITTEE. The following report of standing committee was received and read: ON ENGROSSMENT AND ENROLLMENT. SENATE CHAMBER, SACRAMENTO, November 22, 1907. MR. PRESIDENT: Your Committee on Engrossment and Enrollment have examined the following: Committee Substitute for Senate Bill No. 4-An Act to amend Section 7 of the Civil Code, relating to holidays. Also: Committee Substitute for Senate Bill No. 8-An Act to amend Section 10 of the Political Code, relating to holidays. Also: Committee Substitute for Senate Bill No. 9-An Act to amend Section 10 of the Code of Civil Procedure, relating to holidays. Also: Committee Substitute for Senate Bill No. 10-An Act to amend Section 135 of the Code of Civil Procedure, relating to the transaction of judicial business on holidays and special holidays. And report that the same have been correctly reëngrossed. CONSIDERATION OF BILLS. REILY, Chairman. Committee Substitute for Senate Bill No. 4-An Act to amend Section 7 of the Civil Code, relating to holidays. The question being on the passage of the bill. The roll was called, and Committee Substitute for Senate Bill No. 4 passed by the following vote: AYES-Senators Anderson, Bates, Bell, Broughton, Caminetti, Curtin, Hartman, Keane, Leavitt Lukens, Lynch, Markey, McCartney, McKee, Miller, Price, Rambo, Reily, Rolley, Rush, Sanford, Savage, Weed, Welch, Willis, Wolfe, and Wright-27. NOES-Senator Belshaw-1. Title read and approved. Bill ordered transmitted to the Assembly. Committee Substitute for Senate Bill No. 8-An Act to amend Section 10 of the Political Code, relating to holidays. The question being on the passage of the bill. The roll was called, and Committee Substitute for Senate Bill No. 8 passed by the following vote: AYES-Senators Anderson, Bell, Black, Broughton, Caminetti, Carter, Curtin, Greenwell, Hartman, Keane, Leavitt, Lukens, Lynch, Markey, McCartney, McKee, Miller, Nelson, Price, Rambo, Reily, Rolley, Rush, Sanford, Savage, Walker, Weed, Welch, Willis, Wolfe, and Wright-31. NOES-Senator Belshaw-1. Title read and approved. Bill ordered transmitted to the Assembly. Committee Substitute for Senate Bill No. 9-An Act to amend Section 10 of the Code of Code of Civil Procedure, relating to holidays. The question being on the passage of the bill. The roll was called, and Committee Substitute for Senate Bill No. 9 passed by the following vote: AYES-Senators Anderson, Bell, Black, Broughton, Curtin, Greenwell, Hartman, Keane, Leavitt, Lynch, Markey, McCartney, McKee, Miller, Nelson, Price, Rambo, Reily, Rolley, Rush, Sanford, Savage, Walker, Weed, Welch, Willis, Wolfe, and Wright-28. NOES-Senator Belshaw-1. Title read and approved. Bill ordered transmitted to the Assembly. Committee Substitute for Senate Bill No. 10-An Act to amend Section 135 of the Code of Civil Procedure, relating to the transaction of judicial business on holidays and special holidays. The question being on the passage of the bill. The roll was called, and Committee Substitute for Senate Bill No. 10 passed by the following vote: AYES-Senators Anderson, Bell, Black, Broughton, Caminetti, Carter, Curtin, Hartman, Keane, Leavitt, Lynch, Markey, McCartney, McKee, Miller, Nelson, Price, Rambo, Reily, Rolley, Rush, Sanford, Savage, Walker, Weed, Welch, Willis, Wolfe, and Wright-28. NOES-Senator Belshaw-1. Title read and approved. Bill ordered transmitted to the Assembly. WITHDRAWAL OF BILLS. Senator Curtin asked for and was granted unanimous consent to withdraw Senate Bills Nos. 1, 2, and 3. Whereupon the same were ordered withdrawn and stricken from the file. RECESS. At nine o'clock and fifteen minutes P. M., on motion of Senator Leavitt, the President pro tem. declared the Senate at recess until nine o'clock and thirty minutes P. M., of this day. RECONVENED. At nine o'clock and thirty minutes P. M. the Senate reconvened. MESSAGE FROM THE ASSEMBLY (OUT OF ORDER). On motion of Senator Leavitt, the following message from the Assembly was received and read: ASSEMBLY CHAMBER, SACRAMENTO, November 22, 1907. MR. PRESIDENT: I am directed to inform your honorable body that the Assembly on this day adopted Committee Substitute for Senate Concurrent Resolution No. 2. CLIO LLOYD, Chief Clerk of the Assembly. By THOS. G. WALKER, Assistant Clerk. Committee Substitute for Senate Concurrent Resolution No. 2 ordered to enrollment. Also: ASSEMBLY CHAMBER, SACRAMENTO, November 22, 1907. MR. PRESIDENT: I am directed to inform your honorable body that the Assembly on this day respectfully refused to recede from its amendment to Senate Bill No. 11-An Act to add a new section to the Political Code of the State of California, to be numbered Section 3757, relating to the extension of the time for payment of taxes and the postponement of the delinquency of taxes for non-payment, and postponement of the duties of all persons and public officers in connection therewith-and appointed Assemblymen Bishop, Otis, and Thompson of Los Angeles as a Committee on Conference to meet a like committee from the Senate. CLIO LLOYD, Chief Clerk of the Assembly. COMMITTEE ON CONFERENCE. Senator Leavitt moved that a Committee on Conference be appointed to meet a like committee from the Assembly on Assembly Amendment No. 5 to Committee Substitute for Senate Bill No. 11. Motion carried. APPOINTMENT OF COMMITTEE ON CONFERENCE. Pursuant to the above motion, the President pro tem. announced that he had appointed Senators Leavitt, Hartman, and Wright to comprise such Committee on Conference. RECESS. At ten o'clock and fifty-five minutes P. M., on motion of Senator Leavitt, the President pro tem. declared the Senate at recess until eleven o'clock and ten minutes P. M., of this day. RECONVENED. At eleven o'clock and ten minutes P. M., the Senate reconvened. REPORT OF COMMITTEE ON CONFERENCE. The following report of Committee on Conference was received and read: SENATE CHAMBER, SACRAMENTO, November 22, 1907. MR. PRESIDENT: Your Committee on Conference, to whom was referred Committee Substitute for Senate Bill No. 11, beg leave to report as follows: That they have met a like committee of the Assembly composed of Assemblymen Thompson, Bishop, and Otis, and that they can not agree and recommend that a Committee on Free Conference be appointed. Report adopted. LEAVITT, Chairman. |