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PROCLAMATION BY THE GOVERNOR CONVENING THE LEGISLATURE IN EXTRAORDINARY SESSION.
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, on Tuesday, the nineteenth day of November, Anno Domini one thousand nine hundred and seven, at ten o'clock A. M. of that day, for the purpose of enacting laws and taking legislative action upon the following subjects, to wit:
1st. An Act to add a new section to the Political Code of the State of California relating to the postponing of the collection of payment of taxes, the postponing of delinquency for non-payment of same, the postponing of penalties, forfeitures, or fines for non-payment of the same, the postponing of entry of penalty for such delinquency, 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.
2d. To amend section ten of the Political Code, sections ten, one hundred and thirty-four, and one hundred and thirty-five of the Code of Civil Procedure, and section seven of the Civil Code, in reference to legal holidays, by providing for special holidays which may, by proclamation, be called by the Governor, and declaring what judicial acts may be performed by the courts during the continuance thereof.
3d. To approve a proposed amendment to the Charter of the City and County of San Francisco, State of California, ratified by a majority of the qualified electors thereof, at a general election held in said city on Tuesday, November fifth, nineteen hundred and seven, amending Sections 10 and 12 of Article XII and Section 29 of Article XVI of said Charter, relating to bond issues, et cetera.
4th. To approve a proposed amendment to the Charter of the City and County of San Francisco, State of California, ratified by a majority of the qualified electors thereof, at a general election held in said city on Tuesday, November fifth, nineteen hundred and seven, amending Section 2 of Chapter III of Article IV, relating to the custody by the treasurer of public funds, and authorizing their deposits in certain banks upon certain terms and conditions.
5th. To approve a proposed amendment to the Charter of the City and County of San Francisco, State of California, ratified by a majority of the qualified electors thereof, at a general election held in said city on Tuesday, November fifth, nineteen hundred and seven, amending Chapters 7, 8, 4, and 3 of Article IX thereof, relative to the composition of the personnel of the companies of the Fire Department and the salaries and vacations of the members thereof.
6th. To approve a proposed amendment to the Charter of the City and County of San Francisco, State of California, ratified by a majority of the qualified electors of said city, at a general election held therein on Tuesday, November fifth, nineteen hundred and seven, amending Section 1 of Chapter V of Article VIII and Section 1 of Chapter VI of Article VIII, relative to salaries of members of the Police Department.
7th. To provide for expenses incurred by the Adjutant-General during the months of May, June, and July, nineteen hundred and seven, arising and growing out of the labor troubles and strikes in the City of San Francisco, and to pay members of the National Guard for services rendered at that time.
8th. To remove Andrew M. Wilson from the office of Railroad Commissioner, on the ground of corruption and incompetency on the part of the said Wilson. 9th. To amend section five 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 relating to the publication of said Act, and providing for the payment of the cost of publication of the same.
10th. To appropriate money for the contingent expenses of the Governor's office. 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 fifteenth 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.
C. F. CURRY,
Secretary of State.
Resolved, That the following persons be and they are hereby elected as officers of the Assembly, with per diem as fixed by statute:
Hon. Robert L. Beardslee, Speaker.
Hon. J. P. Transue, Speaker pro tem.
T. G. Walker, Assistant Clerk.
John T. Stafford, Sergeant-at-Arms.
R. L. Dempsey, Journal Clerk.
R. J. Kenefick, Enrolling and Engrossing Clerk.
P. H. Willis, Chaplain.
Ralph A. Sollars, Stenographer,
Mark Senna, Messenger to Printer.
William Sitton, Messenger to Printer.
Robina Alexander, Assistant Enrolling and Engrossing Clerk.
C. W. Haub, Bookkeeper to Sergeant-at-Arms.
F. Hilderbrand, Watchman.
W. Greenlaw, Porter.
J. McNiff, Watchman.
W. J. Gribbin, Porter.
F. C. Trainor, Watchman.
A. J. Cottle, Watchman.
O. J. Pierce, Watchman.
J. Brightman, Watchman.
J. Hauser, Porter.
J. Kofod, Porter.
J. T. Kelley, Porter.
H. E. Wenke, Porter.
D. Delano, Porter.
M. Coffield, Postmistress.
B. Haggerty, Page.
L. Williams, Page.
D. Sprague, Page.
Ed. Fitzgerald, Page.
J. Hanna, Page.
F. Branch, Page.
Also: The following named persons are hereby employed in the position and at the per diem set opposite their names respectively:
F. L. Bradshaw, Mail Carrier, at $3 per diem.
Ed. Hammond, Hat Room Attendant, at $3 per diem.
F. Madeley, Hat Room Attendant, at $3 per diem.
And be it further resolved, That the State Controller be and he is hereby directed to draw his warrants in favor of the above named persons, and the State Treasurer is hereby directed to pay such warrants for, and at the fixed per diem.
Resolved, That all officers, attachés, and employés, whose names do not appear on the above report or in the foregoing resolution, are hereby dismissed and their names stricken from the payroll.
The roll was called, and the resolution adopted by the following vote: AYES-Messrs. Barry, Baxter, Beban, Beckett, Bell, Birdsall, Boyle, Bush, Butler, Campbell, Case, Chandler, Cogswell, Coghlan, Collister, Cornish, Costar, Cullen, Cutten, Davis, Devlin, Drew, Eshleman, Estudillo, Finney, Fisher, Forbes, Fratessa, Hammon, Hans, Hartmann, Held, Hewitt, Higgins, John, Johnson of Sacramento, Johnson of San Diego, Jury, Kelly, Kohlman, Leeds, Lemon, Lucas, Ludington, Lynch, McClellan, McConnell, McGuire, McKeon, McMullin, O'Brien, Otis, Pierce, Pyle, Root, Sackett, Smith, Smyth, Snyder, Spalding, Stanton, Stetson, Strohl, Strobridge, Thompson of San Francisco, Thompson of Los Angeles, Vogel, Walsh, Weske, Wessling, Whitmore, Wilson, Wyatt, and Mr. Speaker-74.
Whereupon the Speaker declared the above named duly elected officers of the Assembly for the Thirty-seventh (extra) session of the Legislature.
OATH OF OFFICE.
The afore-named officers (elect) of the Assembly, excepting the Chaplain, presented themselves at the bar of the Assembly and each took and subscribed to the following oath of office:
I do solemnly swear that I will support the Constitution of the United States of America, and the Constitution of the State of California, and that I will faithfully discharge the duties of the office to which I have been elected, according to the best of my ability.
The following resolutions were offered:
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 Friday, November 15, 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-P. H. Willis.
Resolution read, and on motion adopted.
Resolved, That a select committee of three be appointed by the Speaker to act with a like committee from the Senate, to wait upon the Governor and inform him that the two houses of the Legislature are in session, and in readiness to receive any communication which he may have to make.
Resolution read, and on motion adopted.
The sessions of the House shall be daily (Sundays excepted), beginning at nine o'clock and thirty minutes A. M. Until February 6, 1907, adjournment shall be taken at twelve o'clock and thirty minutes P. M., and after said date a recess shall be taken at said hour to two o'clock P. M., unless otherwise ordered by a vote of the House.
2. Order of business.
1. Roll Call.
2. Prayer by the Chaplain.
3. Reading and Approval of the Journal.
4. Presentation of Petitions.
5. Reports of Standing Committees.
6. Reports of Select Committees.
7. Messages from the Governor.
8. Messages from the Senate.
9. Introduction and Reference of Bills.
10. Motions and Resolutions.
11. Special Orders of the Day.
12. Unfinished Business of the Preceding Day.
13. Business on Special File.
14. Business on General File and Third Reading of Bills.
3. Reports of Committee on Engrossed and Enrolled Bills.
It shall be in order for the Committee on Engrossed and Enrolled Bills to report at any time.
4. Messages from the Governor and Senate.
Messages from the Governor and from the Senate may be considered at any time by a vote of the House.
5. Petitions to be presented, with a brief statement of contents.
Petitions, memorials and other papers addressed to the House, shall be presented by the Speaker, or by a member in his place. A brief statement of the contents thereof shall be made verbally by the introducer. They shall not be debated on the day of their being presented, but shall lie on the table, or be referred, as the House shall determine. 6. Introduction and reading of bills.
Any member desiring to introduce a bill shall rise in his place and address the Speaker, and, upon being recognized, shall present the same. It shall then be numbered and read the first time at the Clerk's desk and referred to a standing committee, and be printed, and a copy placed upon the desk of each member. Every bill shall be read at length on three several days previous to its passage, unless in case of urgency two thirds of the House shall, by vote of ayes and noes, dispense with this provision. The Speaker shall give notice at each reading whether it be the first, second, or third, and no bill shall be read at either reading until the House has so determined by a vote. All bills to appropriate money for contingent purposes shall be presented by the Committee on Ways and Means. The chairinan or clerk of each committee of the Assembly shall notify the author of any bill or proceeding pending before such committee of the hour and place of hearing or acting upon such bill or proceeding.
7. Introduction of bills by committee.
Any committee may introduce a bill appertaining to any subject coming within its consideration, whereupon it shall be read the first time and placed upon the proper second-reading file. When such a bill is designed to be a substitute for one or more Assembly bills, the bills for which it is such a substitute shall, by a majority vote of the House, be deemed withdrawn, and shall not appear upon the file. Upon the introduction of a bill by a committee, it shall be numbered as a new bill, ordered printed, and placed upon the Assembly file for further action.
8. Disposition of Senate bills.
When a Senate bill has been received by the House, with a message announcing that the same has passed the Senate, such bill shall be referred to a standing committee; provided, however, that when a Senate bill is received, the provisions of which are identical with those of an Assembly bill which has already been considered and reported by a committee of the House, such Senate bill shall be substituted for the Assembly bill (the latter being considered withdrawn), shall take the same place upon the Assembly file, and be considered as having received the same recommendation of the Assembly committee; provided, that the fact that the bills are identical shall be entered in the Journal.
9. Joint resolutions and constitutional amendments.
Joint resolutions shall be treated the same as bills; provided, that they shall be read but once, and that after they have been reported by a committee; and provided further, that the ayes and noes shall not be called upon their adoption, unless regularly demanded. Proposed amendments to the Constitution shall be treated the same as bills; provided, they shall be read but once, and only after they shall have been reported by a committee.
10. Proceedings touching appropriations of money to be considered in Committee of the Whole.' All bills making appropriations of money shall be considered in a Committee of the Whole House while on second reading, and no addition to any appropriation shall be made out of Committee of the Whole.
11. Reference of bills.
No debate shall be allowed on any motion to refer a bill or resolution to a committee. The Speaker shall first indicate to what committee a bill or resolution ought to be referred, and it shall be so referred, unless upon a motion, without debate, the House by a majority vote refer it to some other committee.
12. Referring with special instructions.
A bill or resolution may be committed with special instructions at any time after the third reading has been ordered.
13. Order of making file.
Upon the introduction of bills they shall be read the first time, and referred to committees as provided in Rule 6. When reported back they shall be placed upon the general file, to be kept by the Clerk, as follows: All bills when reported to the House by the committee shall be placed at the foot of the second-reading file, in the order in which the reports are made, and after the second reading they shall be placed at the foot of the third-reading file, in the order of reading; and precedence shall be given in the consideration of bills in the following order: third-reading file and second-reading file, unless otherwise ordered by a two-thirds vote of the House. The Clerk shall post, in a conspicuous place in the chamber, a daily statement of the bills on the general file, setting forth the order in which they were filed, and specifying the alterations arising from the disposal of business each day.
14. Order of making special file.
The Clerk shall, from time to time, make up a file, to be known as the special file, on which he shall place bills relating to appropriations for the support of the State government and State institutions, revenue, election laws, and constitutional amendments, in the order named and in the order in which the same may be reported to the Assembly, and he shall place no other bills thereon, nor shall any bill on the general file be substituted for any bill thereon.
15. Taking up bills out of order.
When a member shall ask leave to have a bill taken up out of its regular order, he shall, in making the motion, give the number and. title of the bill, and its position on the file.
16. Engrossing and enrolling bills.
The Engrossing and Enrolling Clerk shall engross, and enroll, the bills which shall come to his hands for such purposes, in compliance with the provisions of Section 539 of the Political Code, and in the order of time in which the same shall be acted upon by the House. Said Clerk shall be responsible for every violation of this rule by his assistants or deputies; no clerk of this House, or his deputy or assistant, shall demand or receive from any person any compensation other than that provided by law for any services performed by him in regard to the bills or preparation of bills before this House. 17. Bills to be reported back within ten days.
All bills referred to any committee shall be by such committee reported back to the House, with its action thereon, within ten days after such reference, unless the House, by request of such committee, shall otherwise order.
18. To call House to order.
DUTIES OF SPEAKER.
The Speaker, or, in his absence, the Speaker pro tem., shall take the chair precisely at the hour appointed for meeting, and shall immediately call the House to order. In the absence of both the Speaker and the Speaker pro tem., the Chief Clerk, or an assistant, shall call the House to order, whereupon a chairman shall be elected from among the members to preside.
19. To preserve order; to decide points of order; and may speak to same.
He shall preserve order and decorum; may speak to points of order in preference to other members, rising from his seat for that purpose; and shall decide questions of order, subject to an appeal to the House by any member, on which appeal no member shall speak more than once, unless by leave of the House.
20. To have direction of the hall; may call any member to the chair.
He shall have general direction of the hall. He shall have a right to name any member to perform the duties of the Chair, but such substitution shall not extend beyond an adjournment.
21. To sign resolutions, etc., attested by the Clerk.
All acts, addresses, and joint resolutions shall be signed by the Speaker, and all · writs, warrants, and subpoenas issued by order of the House shall be under his hand, attested by the Clerk.
22. May order the galleries and lobby cleared.
In case of any disturbance or disorderly conduct in the galleries or lobby, the Speaker (or Chairman of the Committee of the Whole House) shall have power to order the same to be cleared.
DUTIES OF THE SERGEANT-AT-ARMS.
23. To attend sittings of House; serve processes.
The Sergeant-at-Arms shall attend the House during its sittings, to execute the commands of the Speaker of the House, and all process issued by authority thereof directed to him by the Speaker. He shall be sworn to keep the secrets of the House. He shall also have supervision of all the attachés of the House (except the clerks at the desk, the committee attachés, and the page to the Speaker, which page shall be under the exclusive supervision of the Speaker), and shall be responsible for the performance of their duties, and shall have power to suspend any attaché under him for dereliction of duty, and shall report to the Speaker such suspension and the causes thereof; said attaché shall not receive any pay during the time of such suspension. The Speaker shall have the power to relieve the attaché of his suspension, and shall have the power to remove any attaché for incompetency or for willful neglect of duty.
24. Fees of Sergeant-at-Arms.
The Sergeant-at-Arms shall receive for every arrest the sum of one dollar; for each day's custody and releasement, one dollar; and for traveling expenses for himself, or a special messenger, going and coming, ten cents per mile; but no compensation shall be allowed for the arrest, custody, or releasement of members under a call of the House, within the limits of the Capitol grounds. All fees accruing to the Sergeant-at-Arms for