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CALIFORNIA LEGISLATURE SENATE.

THIRTY-SEVENTH (SECOND EXTRA) SESSION.

IN SENATE.

SENATE CHAMBER,

Saturday, November 23, 1907.

The Senate met at one o'clock P. M., in pursuance to the proclamation of His Excellency J. N. Gillett, Governor of the State of California, dated November 23, 1907, convening the Legislature of the State of California in extraordinary session.

Lieutenant-Governor Warren R. Porter, President of the Senate, in the chair, by virtue of Section 238, Article II, of the Political Code.

Pursuant to Section 237, of Article II, of the Political Code, Lewis A. Hilborn, Secretary of Senate; G. Ray Horton, Minute Clerk, and J. Louis Martin, Sergeant-at-Arms, were present, and occupied their respective positions.

Lieutenant-Governor Warren R. Porter now called the Senate to

order.

The roll was called, and the following answered to their names:

Senators Anderson, Anthony, Bates, Bell, Belshaw, Black, Boynton, Broughton, Caminetti, Carter, Cartwright, Curtin, Greenwell, Hartman, Irish, Keane, Kennedy, Leavitt, Lukens, Lynch, Markey, McCartney, McKee, Miller, Nelson, Price, Rambo, Reily, Rolley, Rush, Sanford, Savage, Walker, Weed, Welch, Willis, Wolfe, and Wright-38.

Quorum present.

PRAYER.

Prayer was offered by Rev. C. H. Darling.

PROCLAMATION OF THE GOVERNOR.

The President directed the Secretary, Lewis A. Hilborn, to read the proclamation by the Governor convening the Legislature in extraordinary session.

Whereupon, the Secretary read the following proclamation:

PROCLAMATION BY THE GOVERNOR CONVENING THE LEGISLATURE IN EXTRAORDINARY SESSION.

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WHEREAS, An extraordinary occasion having arisen and now existing, requiring the Legislature of the State of California to convene :

NOW, THEREFORE, I, James N. Gillett, Governor of the State of California, by virtue of the power and authority in me vested by section nine, article five of the

Constitution of the State of California, do hereby convene the Legislature to meet and assemble in extraordinary session at Sacramento, California, Saturday, November twenty-third, nineteen hundred and seven, at one o'clock P. M., for the purpose of taking legislative action upon the following subject, to wit:

To approve proposed amendments to the Charter of the City and County of San Francisco, State of California, as follows:

Charter Amendment No. 2, entitled "Describing and setting forth a proposal to the qualified electors of the City and County of San Francisco, State of California, to amend the Charter of said City and County by adding to Chapter 1 of Article II thereof a new section to be numbered 23, relating to the recall of elected officers." Charter Amendment No. 3, entitled "Describing and setting forth a proposal to the qualified electors of the City and County of San Francisco, State of California, to amend the Charter of said City and County by amending Section 12 of Chapter 1 of Article III thereof, relating to the apportionment of the income and revenue of the several funds and a provision for income to pay interest on the bonded indebtedness and provide for the sinking funds."

Charter Amendment No. 5, entitled "Describing and setting forth a proposal to the qualified electors of the City and County of San Francisco, State of California, to amend the Charter of said City and County by amending Section 21 of Chapter 1 of Article VI thereof, relating to contracts entered into by the Board of Public Works of the City and County and bonds to be given in connection with the same, and the character, terms and conditions of such contracts, and permitting progressive payments to be provided for thereon upon certain terms and conditions."

Charter Amendment No. 6, entitled "Describing and setting forth a proposal to the qualified electors of the City and County of San Francisco, State of California, to amend the Charter of said City and County by amending Section 2 of Article V thereof, relating to the bonds of officers of the City and County."

Charter Amendment No. 7, entitled "Describing and setting forth a proposal to the qualified electors of the City and County of San Francisco, State of California, to amend the Charter of said City and County by amending Section 8 of Chapter 1 of Article III thereof, relating to the appropriation by the Supervisors of said City and County for urgent necessities not otherwise provided for by law."

Charter Amendment No. 9, entitled "Describing and setting forth a proposal to the qualified electors of the City and County of San Francisco, State of California, to amend the Charter of said City and County by adding three new sections thereto, to be known as Sections 14, 15 and 16 of Article XII thereof, relating to the power of the City and County to acquire, operate, maintain, sell or lease public utilities; relating to the acquisition of lands for water purposes; and relating to the disposition of the rents received from public utilities and the keeping of accounts relative to such public utilities."

Charter Amendment No. 10, entitled "Describing and setting forth a proposal to the qualified electors of the City and County of San Francisco, State of California, to amend the Charter of said City and County by adding to Chapter 2, Article II thereof, a new section to be known and numbered as Section "9," relating to the sale of lands by the City and County."

Charter Amendment No. 11, entitled "Describing and setting forth a proposal to the qualified electors of the City and County of San Francisco, State of California, to amend the Charter of said City and County by repealing Section 20, Chapter III, Article VI of said Charter, and by adding a new Chapter to said Article of said Charter, to be known and designated as Chapter 6 thereof, all relating to the change or modification of street grades and the performance of street work in connection therewith."

Charter Amendment No. 12, entitled "Describing and setting forth a proposal to the qualified electors of the City and County of San Francisco, State of California, to amend the Charter of said City and County by repealing Sections Nos. 1 to 19 inclusive of Chapter III of Article VI of said Charter and by adding new sections to said Chapter of said Article of said Charter, to be known and designated as Sections 1 to 19 inclusive thereof, all relating to the opening, extending, widening, straightening or closing up of streets and the performance of street work in connection therewith, and the condemnation and acquisition of land and property necessary therefor."

Charter Amendment No. 13, entitled "Describing and setting forth a proposal to the qualified electors of the City and County of San Francisco, State of California, to amend the Charter of said City and County by amending Section 5 of Article 1 thereof, relating to the liability for damages of said City and County and its officials."

Charter Amendment No. 14, entitled "Describing and setting forth a proposal to the qualified electors of the City and County of San Francisco, State of California, to amend the Charter of said City and County by amending Subdivision 11 of Section 1, of Chapter III of Article VII thereof, relating to the leasing of real property of the school department."

Charter Amendment No. 15, entitled "Describing and setting forth a proposal to the qualified electors of the City and County of San Francisco, State of California, to amend the Charter of said City and County by amending Subdivision 3 of Section 1, of Chapter II of Article II thereof, relating to the powers of the Supervisors

of said City and County to grant permits for spur or side tracks and running cars thereon on any public street or portion thereof within said City and County.'

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Charter Amendment No. 17, entitled "Describing and setting forth a proposal to the qualified electors of the City and County of San Francisco, State of California, to amend the Charter of said City and County by amending Subdivision 14, of Section 1, of Chapter II of Article II thereof, relating to the regulation of telephone charges."

Charter Amendment No. 18, entitled "Describing and setting forth an amendment to the Charter of the City and County of San Francisco, State of California, by amending Section 1 of Article XIV thereof, and by adding thereto a new Article, to be known and numbered as Article XIV-A, relating to children's playgrounds and public recreation centers outside of Golden Gate Park, and creating a playground commission."

Charter Amendment No. 19, entitled "Describing and setting forth a proposal to the qualified electors of the City and County of San Francisco, State of California, to amend the Charter of said City and County by amending Sections 1 and 2 of Article X thereof, relating to the Department of Public Health."

Charter Amendment No. 21, entitled "Describing and setting forth a proposal to the qualified electors of the City and County of San Francisco, State of California, to amend Sections 2 and 3 of Chapter IX, Article IX of the Charter of said City and County, relative to the salaries of the Chief and of the employés of the Department of Electricity."

The same having been ratified by a majority of the qualified electors of the City and County of San Francisco, at a general election held therein on Tuesday, November 5, 1907.

IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed hereunto the Great Seal of the State of California at my office in the State Capitol, at Sacramento, this twenty-third day of November, in the year of our Lord the one thousand nine hundred and seventh, and of the admission of the State of California the fifty-seventh. J. N. GILLETT, Governor of the State of California.

[SEAL.] ATTEST:

C. F. CURRY,

Secretary of State.

RESOLUTIONS.

The following resolutions were offered:

By Senator Leavitt:

Resolved, That the Senate do now organize and proceed to elect the officers and employés of the Senate for this extra session.

Resolution read and adopted.

By Senator Anderson:

Resolved, That Honorable Edward I. Wolfe be and he is hereby elected President pro tem. of the Senate;

That Lewis A. Hilborn be and he is hereby elected Secretary of the Senate; That J. Louis Martin be and he is hereby elected Sergeant-at-Arms of the Senate; That G. Ray Horton be and he is hereby elected Minute Clerk of the Senate; That S. Redmond be and he is hereby elected Assistant Secretary of the Senate, at a per diem of $6;

That F. Cox be and he is hereby elected Assistant Secretary of the Senate, at a per diem of $6;

That L. A. Pfeiffer be and he is hereby elected Enrolling and Engrossing Clerk of the Senate, at a per diem of $6;

That J. W. Kavanagh be and he is hereby elected Assistant Secretary of the Senate, at a per diem of $6;

That C. S. Milnes be and he is hereby elected Journal Clerk of the Senate, at a per diem of $6;

That J. G. McCall be and he is hereby elected Assistant Sergeant-at-Arms, at a per diem of $5.

Resolution read.

The question being on the adoption of the resolution.

The roll was called, and the resolution adopted by the following vote: AYES-Senators Anderson, Anthony, Bates, Bell, Belshaw, Black, Boynton, Broughton, Caminetti, Carter, Curtin, Greenwell, Hartman, Irish, Keane, Kennedy, Leavitt, Lukens, McCartney, Nelson, Price, Rambo, Reily, Rolley, Rush, Sanford, Savage, Walker, Welch, Willis, and Wright―31.

NOES-None.

Whereupon the President declared each person named in the foregoing resolution duly elected.

By Senator Rolley:

Resolved, That a committee of three Senators be appointed by the President of the Senate to notify the Governor of the organization of the Senate, and that the Senate is now ready for business and to receive any communications he may have to make.

Resolution read and adopted.

APPOINTMENT OF COMMITTEE TO WAIT UPON GOVERNOR.

In compliance with the above resolution, the President of the Senate appointed Senators Rolley, Belshaw, and Kennedy as such committee.

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Resolved, That the Secretary of the Senate is hereby directed to notify the Assembly that the Senate is now duly organized and ready to proceed to the business of the State, having elected the following statutory officers:

President pro tem.-Edward I. Wolfe.

Secretary of the Senate-Lewis A. Hilborn.
Sergeant-at-Arms-J. Louis Martin.
Minute Clerk-G. Ray Horton.

Resolution read and adopted.

By Senator Nelson:

Resolved, That the Standing Rules of the thirty-seventh regular session be and the same are hereby adopted as the rules of the Senate at this special session, except that Paragraph VIII be amended to read as follows:

"VIII. The standing committees of the thirty-seventh regular session shall be the standing committees of this extra session."

Resolution read and adopted.

REPORT OF COMMITTEE TO WAIT UPON GOVERNOR.

MR. PRESIDENT: Your committee of three, appointed to wait upon the Governor, respectfully beg leave to report that they have informed him that the Senate is organized and ready for business.

MESSAGE FROM THE ASSEMBLY.

ROLLEY, Chairman.

On motion of Senator Leavitt, the following message from the Assembly was received and read:

ASSEMBLY CHAMBER, SACRAMENTO, November 23, 1907. MR. PRESIDENT: I am directed to inform your honorable body that the Assembly on this day passed the following resolution:

Resolved, That the Chief Clerk be and he is hereby instructed to inform the Senate that the Assembly is in session, pursuant to the proclamation of His Excellency, the Governor, dated Saturday, November 23, 1907, and ready for the transaction of legislative business, with the following officers, to wit:

Speaker-R. L. Beardslee.

Speaker pro tem.-J. P. Transue.

Chief Clerk-Clio Lloyd.

Sergeant-at-Arms-John T. Stafford.

Assistant Clerks-T. G. Walker, W. H. Wright, H. E. Miller.

Journal Clerk-R. L. Dempsey.

Minute Clerk-H. A. Harper.

Chaplain-W. F. Reagor.

CLIO LLOYD, Chief Clerk of the Assembly.

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