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72. Use of hall.

The Assembly Room shall not be used for any public or private business other than legislative, except by consent of a majority of the House.

73. Fees for witnesses.

Witnesses summoned to appear before the House, or any of its committees, shall be paid as follows: For each day a witness shall attend, the sum of two dollars; for each mile he shall travel in coming to and going from the place of examination, the sum of ten cents. No mileage shall be paid except where the witness has actually traveled for the purpose of giving testimony.

74. Protest of members.

It shall be in order for any member or members to protest against the action of the House, and have such protest entered upon the minutes.

75. Fees allowed in cases of contest.

Whenever, in the Assembly, a contest is made for the seat of any Assemblyman, no more than two hundred dollars shall be allowed as counsel fees to either side.

76. Assignment of attachés.

The Committee on Attachés and Employés shall assign the committee clerks and the official stenographers of the House to the various committees; provided, that the Committee on Judiciary and the Committee on Ways and Means shall each be entitled to one clerk and one stenographer, to be selected by the chairman of those committees, respectively.

All assignments of committee clerks and stenographers made by the Committee on Attachés and Employés under this rule shall be reported to the House and entered in the Journal.

77. Introduction of bills after fiftieth day.

On or prior to the fiftieth day of the session the Speaker shall appoint a standing Committee on Introduction of Bills, to consist of three members.

All motions for leave to introduce bills after the fiftieth day shall be sent to the desk in writing, under the order of "Introduction of Bills," and at no other time. The motion shall give the title of the bill, and shall be accompanied by the bill. The bill shall thereupon be referred to the Committee on Introduction of Bills.

That committee shall examine bills referred to it with particular reference to the question as to whether there is already any bill in either house of the same character which might be amended to effect the result sought, and generally as to the advisability of introducing the measure.

The committee shall report upon each bill so referred to it on the same legislative day. The report shall be made at the conclusion of the consideration of the Senate Special File.

The committee may, in its discretion, incorporate more than one bill in the resolution to grant leave to introduce, incorporating in the resolution the title of each bill in full, and the roll shall be called upon the adoption of the resolution without debate.

If a division of the question is demanded upon the introduction of any particular bill, the division shall be allowed, and the roll called separately upon the bill.

78. Leave of absence of committee visiting public institutions.

When leave of absence shall be granted any committee, special or standing, to visit public buildings or institutions, or for any other purpose, such leave shall be granted only by a two-thirds vote taken viva voce, and no expenses or mileage of attachés shall be allowed. No member of the Assembly shall accompany a committee as a substitute for a member thereof who declines to accompany the committee, without permission for such substitution being obtained from the Speaker. Application for a leave of absence for a committee shall be made to the Assembly by the chairman thereof, by resolution, which shall give the name of the institution or institutions to be visited and briefly recite the occasion and necessity for visiting the same, together with the number of committeemen desiring leave. Such resolution shall immediately, and without debate, be referred to the Committee on Rules and Regulations, with instructions to report upon the next legislative day on the same, and whether the leave of absence can be granted without interfering with the business of the Assembly.

APPOINTMENT OF SELECT COMMITTEE.

The Speaker appointed the following as a committee to wait upon the Governor: Messrs. Fisher, McConnell, and Drew.

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Resolved, That until further order the Standing Rules of this Assembly at its last regular session be and the same are hereby adopted as the rules of this session, and the

committees appointed at the last regular session shall remain as the committees of this special session, provided that all vacancies shall be filled by appointment by the Speaker.

Resolution read.

The roll was called, and the resolution adopted by the following vote: AYES-Messrs. Baxter, Beban, Beckett, Bell, Birdsall, Bishop, Boyle, Bush, Butler, Campbell, Case, Chandler, Cogswell, Coghlan, Collister, Cornish, Costar, Cullen, Cutten, Davis, Devlin, Drew, Eshleman, Estudillo, Finney, Fisher, Forbes, Fratessa, Hammon, Hans, Held, Hewitt, Higgins, John, Johnson of Sacramento, Johnson of San Diego, Jury, Kelly, Kohlman, Leeds, Lemon, Lucas, Lynch, McClellan, McConnell, McGuire, McKeon, McMullin, O'Brien, Otis, Percival, Pierce, Pyle, Root, Sackett, Smith, Smyth, Snyder, Spalding, Stanton, Strohl, Strobridge, Thompson of San Francisco, Thompson of Los Angeles, Toomey, Vogel, Walsh, Weske, Wessling, Whitmore, Wilson, Wyatt, and Mr. Speaker-73.

NOES-None.

MESSAGE FROM THE SENATE.

The following message from the Senate was received and read:

SENATE CHAMBER, SACRAMENTO, November 19, 1907.

MR. SPEAKER: I am directed to inform your honorable body that the Senate on this day passed the following resolution:

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.

Chaplain-C. H. Darling.

LEWIS A. HILBORN, Secretary of Senate.

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Resolved, That on or prior to the second day of the session, the Speaker shall appoint a standing committee on "Introduction of Bills," to consist of three members.

All motions for leave to introduce bills after the second day shall be sent to the desk in writing, under the order of "Introduction of Bills," and at no other time. The motion shall give the title of the bill, and shall be accompanied by the bill. The bill shall thereupon be referred to the Committee on Introduction of Bills.

That committee shall examine bills referred to it with particular reference to the question as to whether there is already any bill in either house of the same character which might be amended to effect the result sought; also as to whether the bill proposed comes within the call by the Governor for the extra session, and generally as to the advisability of introducing the measure.

The committee shall report upon each bill so referred to it on the same legislative day. The report shall be made at the conclusion of the consideration of the Senate Special File.

The committee may, in its discretion, incorporate more than one bill in the resolution to grant leave to introduce, incorporating in the resolution the title of each bill in full. And the roll shall be called upon the adoption of the resolution without debate. If a division of the question is demanded upon the introduction of any particular bill, the division shall be allowed, and the roll called separately upon the bill. Resolution read.

SPECIAL ORDER SET.

There being no objection, the Speaker made the further consideration of the above resolution a special order, on call, for Wednesday, November 20, 1907.

REPORT OF SELECT COMMITTEE.

The committee appointed by the Speaker to wait upon the Governor appeared before the bar of the Assembly and reported that the Governor would immediately, through his secretary, deliver a message to the Assembly.

GOVERNOR'S MESSAGES.

The following messages from the Governor were taken up and read:

GOVERNOR'S MESSAGE.

EXECUTIVE DEPARTMENT, STATE OF CALIFORNIA,
SACRAMENTO, November 19, 1907.

To the Senate and Assembly of the State of California, convened in Special Session: At the most urgent request of clearing houses, banking institutions, civic bodies, and many prominent business men from all parts of the State, I have called you together for the purpose of enacting certain legislation which is believed to be imperative because of the most unusual financial stringency existing to-day in the State, brought about by conditions existing in the East.

The specific purposes for which you have been called together appear in a proclamation issued by me on Friday, the 15th instant, copies of which will be placed before you.

Several of these purposes I desire herein to call to your special attention, and I ask your careful consideration of them.

It is very important that the finances of this State should reach a normal condition as speedily as possible, and there is every reason to believe that this will be so, if our people are patient and will view the situation philosophically and take no steps to embarrass the banking institutions of this State, that are now using every effort possible to restore confidence and to replace the reserves that for several months have been depleted by reason of the movement of crops and by the action of timid depositors who have withdrawn their money and hoarded it.

The country generally is very prosperous, our State is particularly so, and there is no reason why this prosperity should not continue. Legitimate business never was better. The farmers in every State have been blessed with large crops for a number of years, for which they have received good. prices. All the wheels of industry are turning, trying to supply the enormous demands made upon them. All labor is employed at the highest wages ever known and the merchants have been enjoying a large trade. There is no poverty in the land, yet in the midst of plenty, and apparently on a most solid basis, and with more money in the country and a larger per capita than we ever enjoyed before, the nation finds itself in the throes of a money panic.

It is quite evident that there must be some cause for this condition of affairs, and it is found in the extravagant living, wild speculation, the effort to get rich quickly by giving nothing for something, the frenzied finance of the stock and bond manipulators of Wall street, and the attempt, dishonestly and by misrepresentation, to float all manner of enterprises upon a sea of water. These are the things which have been mostly, if not entirely, responsible for the present financial stringency, and it is only the unparalleled prosperity, distributed among the masses, that saved us from financial ruin.

Our banking laws need to be amended so as to afford better protection to the depositor. The large trust companies and corporations doing an interstate business should be placed under Federal supervision and subject to Federal laws, and if there is no authority for this under the present Constitution, then the Constitution should be amended so as to grant such power.

I suggest that the Legislature appoint a committee to investigate the methods of doing banking business in this State, and to report thereon at the next regular session, together with such recommendations and changes in the law as such committee may deem necessary.

To-day our banks have large balances due them from the East, amounting to millions of dollars, which have accumulated there by reason of the movement of our

crops to that market. Most of this money should, in the due course of business, have been paid by this time, but because of the financial conditions existing in New York and other Eastern cities, our bankers are unable to secure the balances due them, payment having been temporarily refused.

This, together with the fact that for several months large sums have been withdrawn from the banks and hoarded, had greatly depleted the cash reserve which the banks usually carry, and with which the business of our State is carried on. The effect is that money can not be secured with which to pay the first installment of taxes without reducing the reserves to such an extent as to seriously imperil our financial, commercial and industrial interests, thereby jeopardizing the business of the State. In fact, many who have depended upon the banks to supply money to pay taxes can not pay their taxes at all. Unless some relief is granted the delinquent list will be large, and many of our citizens will suffer a heavy penalty, and so much money will be taken out of circulation at a time when none can be spared as to threaten the very business prosperity of the people. This relief can come by enacting a law authorizing the Governor, during a great financial stringency, to issue a proclamation extending the payment of taxes for a short period of time.

Such a bill will be presented to you for your consideration and I desire you to give it your most earnest attention.

The financial conditions have been such that it was necessary to declare legal holidays in order to protect our business interests. Other states for the same reason have also declared holidays. While it has been necessary and wise to declare them, still the business of the courts has suffered and there has resulted loss and great inconvenience to many of our citizens. It is possible to declare holidays to protect our financial and commercial interests and still leave the courts open to dispatch a large variety of necessary business. Therefore the law should be amended so that during holidays declared by a proclamation issued by the Governor the courts may remain open for the prosecution of all criminal actions and proceedings; to conclude any action pending and on trial; in all suits for injunctions; to quiet title to real property; for partition; condemnation proceedings; forcible entry and detainer or unlawful detainer; replevin; ejectment; divorce; probating of estates of deceased persons, and many other matters not necessary to mention.

This change of our laws I deem very necessary, and I trust the Legislature will pass suitable legislation to that end. The law as it now applies to regular and fixed holidays should remain as it is, the change being made only in reference to what may be termed special holidays declared by the Governor's proclamation.

Several proposed amendments to the charter of the City and County of San Francisco, which were ratified by the qualified electors of said city at a recent election held therein, will be submitted to you for your approval. One of such amendments is of particular importance to the city, and relates to the issuance and sale of bonds for municipal improvements, and in view of the great need of such improvements in San Francisco, it is very important that this amendment should be approved by the Legislature.

Among these improvements of which San Francisco is urgently in need are: an auxiliary water system for fire protection and for sanitary and flushing purposes; construction and repair of its sewer system; the construction of a city and county hospital; the repaving of accepted streets; the reconstruction of school houses destroyed by fire and earthquake; the construction of a new City Hall, Hall of Justice, and other public buildings. The estimated cost of these improvements amounts to about $28,000,000, and the money to build the same must be raised by a bond issue. The necessity for making these improvements alone is sufficient to warrant the calling of an extra session of the Legislature, and I apprehend that there will be no doubt in your minds about approving this amendment as well as several others which will be submitted to you.

At the last general State election A. M. Wilson of San Francisco was elected to the office of Railroad Commissioner from the Second District. Mr. Wilson has,. on several occasions, confessed to having received bribes while a public officer, and today an indictment stands against him for committing the very crime for which he stands confessed. The Constitution provides that the Legislature may, by a twothirds vote, remove a Railroad Commissioner for dereliction of duty, or corruption, or incompetency. In the proclamation convening this special session, your attention has been called to Mr. Wilson. He is charged therein with corruption and incompetency, and you are requested to investigate the charges. The procedure is left to you, and I have performed my duty by calling your attention to the matter and requesting an investigation at your hands. I feel confident that if you find the charges to be true you will have no hesitancy in pronouncing a proper verdict.

I trust that you will take up as speedily as possible the several matters set forth in the proclamation calling this special session, and act upon the same. It is very desirable that the session should not continue longer than is necessary and that every effort be made to keep down expenses to the minimum.

Also:

To the Senate and Assembly of the State of California:

I have just received the following:

J. N. GILLETT, Governor of California.

"November 18, 1907.

To the HON. JAMES N. GILLETT, Governor of California.
SIR: I hereby tender my resignation as a Railroad Commissioner for the Second
District.

"Yours respectfully,

"ANDREW M. WILSON."

I immediately accepted the resignation, and have so advised Mr. Wilson. In my judgment, further proceedings looking to the removal of Mr. Wilson from office are unnecessary.

J. N. GILLETT, Governor.

INTRODUCTION OF BILLS.

The following bills were introduced:

By Mr. Johnson of Sacramento: Assembly Bill No. 1-An Act to amend Section 10 of the Code of Civil Procedure, relating to holidays. Bill read first time, and referred to Committee on Judiciary. Also: Assembly Bill No. 2-An Act to amend Sections 134 and 135 of the Code of Civil Procedure, both relating to judicial days.

Bill read first time, and referred to Committee on Judiciary.

Also: Assembly Bill No. 3-An Act to amend Section 10 of the Political Code, relating to holidays.

Bill read first time, and referred to Committee on Judiciary.

Also: Assembly Bill No. 4-An Act to amend Section 7 of the Civil Code, relating to holidays.

Bill read first time, and referred to Committee on Judiciary.

Also: Assembly Bill No. 5-An Act to add a new section to the Political Code of the State of California, to be known and numbered as Section 3900a, relating to the postponing of the collection or payment of taxes, the postponing of delinquency for non-payment of same, the postponing of penalties, forfeitures or fines for non-payment of same, the postponing of time of preparing delinquent lists for unpaid taxes, and the duties of all persons and public officers in connection therewith, in the event of general financial stringency.

Bill read first time, and referred to Committee on Judiciary.

By Mr. Estudillo: Assembly Bill No. 6-An Act making an appropriation for the contingent expenses of the Governor's office for the fifty-ninth and sixtieth fiscal years, in addition to such sums as have been heretofore appropriated.

Bill read first time, and referred to Committee on Ways and Means. Also: Assembly Bill No. 7-An Act making an appropriation to pay the claims for services of the National Guard of California and other expenses incurred by the Adjutant-General under direction of the Governor, arising and growing out of the labor troubles and strikes in the City of San Francisco in the months of May, June, and July, 1907. Bill read first time, and referred to Committee on Ways and Means.

RESOLUTION (OUT OF ORDER).

Unanimous consent having been obtained, the following resolution was offered:

By Mr. McGuire:

Resolved, That all bills introduced be sent to the printer with a rush order, and that five thousand copies of each bill introduced under the first and second paragraphs of the Governor's proclamation be printed.

Resolution read, and on motion adopted.

ADJOURNMENT.

At eleven o'clock and forty-five minutes A. M., on motion of Mr. Johnson of Sacramento, the Speaker declared the Assembly adjourned until ten o'clock A. M. of Wednesday, November 20, 1907.

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