Code, relating to disclosing the fact of an information or indictment having been made. Bill read first time, and referred to Committee on Code Revision. Also: Senate Bill No. 154-An Act to amend Section 171 of the Penal Code, and to add to said Code three new sections, to be numbered 171a, 1716, and 171c, and to repeal Section 180a thereof, all relating to acts. tending to create breaches of discipline in State prisons, jails, and reformatories, by persons not inmates thereof. Bill read first time, and referred to Committee on Code Revision. Also: Senate Bill No. 155-An Act to amend Section 172 of the Penal Code, relating to selling, giving away, or exposing for sale any vinous or alcoholic liquors in public institutions or buildings, or upon the ground upon which the same are situated, or lands adjacent thereto. Bill read first time, and referred to Committee on Code Revision. Also: Senate Bill No. 156-An Act to repeal Sections 178 and 179 of the Penal Code, relating to the employment of Chinese or Mongolians. Bill read first time, and referred to Committee on Code Revision. Also: Senate Bill No. 157-An Act to amend Section 207 of the Penal Code, relating to kidnaping. Bill read first time, and referred to Committee on Code Revision. Also: Senate Bill No. 158—An Act to add a new section to the Penal Code, to be numbered 214, relating to the going upon or doing any act in relation to any railroad train, car, or engine, for the purpose of robbery thereon. Bill read first time, and referred to Committee on Code Revision. Also: Senate Bill No. 159-An Act to amend Section 218 of the Penal Code, relating to attempted wrecking or derailment of railroad trains, cars, or engines. Bill read first time, and referred to Committee on Code Revision. Also: Senate Bill No. 160--An Act to add a new section to the Penal Code, to be numbered 219, relating to the wrecking or derailment of railroad trains, cars, or engines. Bill read first time, and referred to Committee on Code Revision. Also: Senate Bill No. 161-An Act to add seven new sections to the Penal Code, to be numbered 266a, 266b, 266c, 266d, 266e, 266f, and 266g, all relating to the prostituting of women. Bill read first time, and referred to Committee on Code Revision. Also: Senate Bill No. 162-An Act to add two new sections to the Penal Code, to be numbered 269a and 269b, relating to open and notorious fornication and adultery. Bill read first time, and referred to Committee on Code Revision. Also: Senate Bill No. 163-An Act to amend Sections 270 and 272, of the Penal Code, and to add new sections thereto, to be numbered 271a, 273, 273a, 273b, 273c, 273d, and 273e, and to repeal Section 1389 thereof, all relating to crimes against children. Bill read first time, and referred to Committee on Code Revision. Also: Senate Bill No. 164-An Act to amend Section 302 of the Penal Code, relating to disturbing religious meetings. Bill read first time, and referred to Committee on Code Revision. Also: Senate Bill No. 165-An Act to repeal Section 303 of the Penal Code, relating to the sale of liquors at places of amusement and the employing of women to sell liquors thereat. Bill read first time, and referred to Committee on Code Revision. Also: Senate Bill No. 166-An Act to repeal Section 306 of the Penal Code, relating to the exhibition of females in public places. Bill read first time, and referred to Committee on Code Revision. Also: Senate Bill No. 167-An Act to repeal Section 310, relating to the keeping open and conducting of barber shops, hair-dressing establishments, and bath-houses on Sundays and legal holidays. Bill read first time, and referred to Committee on Code Revision. Also: Senate Bill No. 168-An Act to add a new section to the Penal Code, to be numbered 26a, relating to the punishment of corporations for crime. Bill read first time, and referred to Committee on Code Revision. RESOLUTION. At twelve o'clock M. the following resolution was offered: WHEREAS, The term of the Hon. Thomas R. Bard, United States Senator in Congress from the State of California, elected on February 7, 1900, will expire on the 4th day of March, 1905, and WHEREAS, His successor, whose term shall commence on the said 4th day of March, 1905, must now be chosen; therefore, be it Resolved, That the Senate do now proceed to name, by viva voce vote, a person for Senator in Congress from the State of California, for the term of six years, commencing March 4, 1905, pursuant to an Act of Congress entitled "An Act to regulate the time and manner of holding elections for Senators in Congress," approved July 5, 1866, and pursuant to the provisions of Sections 14 and 15 of an Act of Congress of the United States entitled "An Act to revise and consolidate the Statutes of the United States, in force on the 1st day of December, 1873," approved January 22, 1874. Resolution read and adopted. The Secretary of the Senate, by direction of the President, then read the following Act of Congress: Title II, Chapter I, United States Revised Statutes-An Act to regulate the time and manner of holding elections for Senators in Congress, approved July 25, 1866, and pursuant to the provisions of Sections 14 and 15 of an Act of Congress of the United States entitled "An Act to revise and consolidate the Statutes of the United States in force on the 1st day of December, Anno Domini 1873," approved January 22, 1874. SECTION 14. The Legislature of each State which is chosen next preceding the expiration of the time for which any Senator was elected to represent such State in Congress shall, on the second Tuesday after the meeting and organization thereof, proceed to elect a Senator in Congress. At SEC. 15. Such election shall be conducted in the following manner: Each House shall openly, by a viva voce vote of each member present, name one person for Senator in Congress from such State, and the name of the person so voted for who received a majority of the whole number of votes cast in each House shall be entered on the Journal of that House by the Clerk or Secretary thereof, or if either House fails to give such majority to any person on that day, the fact shall be entered on the Journal. twelve o'clock M. of the day following that on which proceedings are required to take place as aforesaid, the members of the two Houses shall convene in Joint Assembly, and the Journal of each House shall then be read, and if the same person has received a majority of all the votes in each House, he shall be declared duly elected Senator. But if the same person has not received a majority of the votes of each House, or if either House has failed to take proceedings as required by this section, the Joint Assembly shall then proceed to choose, by a viva voce vote of each member present, a person for Senator, and the person who receives the majority of all the votes of the Joint Assembly, a majority of all the members elected to both Houses being present and voting, shall be declared duly elected. If no person receives such majority on the first day, the Joint Assembly shall meet at twelve o'clock M. of each succeeding day during the session of the Legislature, and shall take at least one vote until a Senator is elected. SEC. 16. Whenever, on the meeting of the Legislature of any State, a vacancy exists in the representation of such State in the Senate, the Legislature shall proceed, on the Second Tuesday after meeting and organization, to elect a person to fill such vacancy, in the manner prescribed in the preceding section for the election of a Senator for a full term. SEC. 17. Whenever, during the session of the Legislature of any State, a vacancy occurs in the representation of such State in the Senate, similar proceedings to fill such Vacancy shall be had on the second Tuesday after the Legislature is organized and has notice of such vacancy. 120 SEC. 18. It shall be the duty of the Executive of the State from which any Senator has been chosen to certify his election, under the seal of the State, to the President of the Senate of the United States. SEC. 19. The certificate mentioned in the preceding section shall be countersigned by the Secretary of State of the State. NOMINATIONS FOR UNITED STATES SENATOR. The President declared that nominations were now in order for the office of United States Senator for the term of six years, commencing on March 4, 1905, to succeed the Hon. Thomas R. Bard, whose term of office will expire on the date already mentioned. Hon. Thomas R. Bard of Ventura County was placed in nomination by Senator Rowell. Senator Anderson seconded the nomination of Hon. Thomas R. Bard. Hon. George A. Knight of San Francisco was placed in nomination by Senator Selvage. Senator Irish seconded the nomination of Hon. George A. Knight. Hon. Frank P. Flint of Los Angeles County was placed in nominaby Senator Hahn. Senator Muenter seconded the nomination of Hon. Frank P. Flint. Hon. Arthur G. Fisk of San Francisco was placed in nomination by Senator Wolfe. Senator Lynch seconded the nomination of Hon. Frank P. Flint. Senator Shortridge seconded the nomination of Hon. Arthur G. Fisk. Senator Belshaw seconded the nomination of Hon. Thomas R. Bard. Senator Bauer seconded the nomination of Hon. Frank P. Flint. Senator Ralston seconded the nomination of Hon. George A. Knight. Senator Broughton seconded the nomination of Senator Bard. Hon. Theodore Bell of Napa County was placed in nomination by Senator Sanford. Senator Emmons seconded the nomination of Hon. Theodore Bell. There being no further nominations, the same were declared closed, and the Secretary directed to call the roll. The roll was called, and as each Senator's name was called he voted his choice for United States Senator, as follows: For Thomas R. Bard-Senators Anderson, Belshaw, Broughton, Greenwell, Leeke, Mattos, and Rowell-7. For George A. Knight-Senators Irish, Leavitt, McKee, Ralston, Rush, and Selvage-6. For Frank P. Flint-Senators Bauer, Bunkers, Carter, French, Hahn, Haskins, Keane, Lynch, Markey, Muenter, Nelson, Pendleton, Rambo, Savage, Simpson, and Ward-16. For Arthur G. Fisk-Senators Coggins, Shortridge, Wolfe, Woodward, and Wright—5. For Theodore Bell-Senators Curtin, Diggs, Emmons, and Sanford-4. For John D. Daily-Senator Welch-1. Whole number of votes cast Necessary to a choice George A. Knight received. Frank P. Flint received.. Arthur G. Fisk received John D. Daily received 39 20 7 votes. 6 votes. 16 votes. 5 votes. 4 votes. 1 vote. The President pro tem. announced the result, and declared that the roll call disclosed no choice for United States Senator. RESOLUTION. The following resolution was offered: By Senator Hahn: Resolved, That the Secretary forthwith inform the Assembly of the vote for United States Senator in this Senate, and that the Senate will meet with the Assembly in the Assembly Chamber to-morrow, Wednesday, January 11, 1905, at twelve o'clock meridian, in Joint Assembly, for the purpose of electing, or declaring the election of, a United States Senator, pursuant to an Act of Congress entitled "An Act to regulate the time and manner of holding elections for Senators in Congress," approved July 25, 1866, and pursuant to the provisions of Sections 14 and 15 of an Act of Congress of the United States, entitled "An Act to revise and consolidate the statutes of the United States in force on the first day of December, Anno Domini 1873," approved January 22, 1874. The question being on the adoption of the resolution. The roll was called, and the resolution adopted by the following vote: AYES Senators Anderson, Bauer, Belshaw, Broughton, Bunkers, Carter, Coggins, Curtin, Diggs, Emmons, French, Greenwell, Hahn, Haskins, Irish, Keane, Leavitt, Leeke, Lynch, Mattos, Muenter, Nelson, Pendleton, Ralston, Rambo, Rush, Sanford, Savage, Selvage, Shortridge, Simpson, Ward, Welch, Wolfe, Woodward, and Wright-36. NOES-None. ADJOURNMENT. At one o'clock and forty minutes P. M., on motion of Senator Belshaw, the Senate was declared adjourned until eleven o'clock a. M. of Wednesday, January 11, 1905. IN SENATE. SENATE CHAMBER, Wednesday, January 11, 1905.) Pursuant to adjournment, the Senate met at eleven o'clock A. M. Lieutenant-Governor Alden Anderson, President of the Senate, in the chair. The roll was called, and the following answered to their names: Senators Anderson, Bauer, Belshaw, Broughton, Bunkers, Carter, Coggins, Diggs, Emmons, French, Greenwell, Hahn, Haskins, Irish, Keane, Leavitt, Leeke, Lukens, Lynch, Markey, Mattos, McKee, Muenter, Nelson, Pendleton, Ralston, Rambo, Rowell, Bush, Sanford, Savage, Selvage, Simpson, Ward, Welch, Wolfe, Woodward, and Wright-38. Quorum present. PRAYER. Prayer by the Chaplain, Rev. W. S. Hoskinson. READING OF THE JOURNAL. During the reading of the Journal of Tuesday, January 10, 1905, the further reading was dispensed with, on motion of Senator Pendleton. APPROVAL OF JOURNALS. The Journals of Tuesday, January 3d, Wednesday, January 4th, Thursday, January 5th, Friday, January 6th, and Saturday, January 7, 1905, having been corrected, were read and approved. REPORT OF STANDING COMMITTEE. The following report of standing committee was received: ON ENGROSSMENT AND ENROLLMENT. SENATE CHAMBER, SACRAMENTO, January 10, 1905. MR. PRESIDENT: Your Committee on Engrossment and Enrollment have examined Senate Bill No. 1-An Act making an appropriation to pay the expenses of electors of President and Vice-President of the United States of America-and report that the same has been correctly enrolled, and presented the same to the Governor on this 10th day of January, 1905, at one o'clock and fifty minutes P. M. KEANE, Chairman. RESOLUTIONS. The following resolutions were offered: Resolved, That the Sergeant-at-Arms be and he is hereby empowered to purchase a roller-top desk, at a cost not to exceed seventy-five dollars ($75), for the use of the Finance Committee; that the Controller is hereby directed to draw his warrant and the Treasurer is hereby directed to pay the same. Resolution read, and referred to Committee on Contingent Expenses and Mileage. By Senator Simpson: Resolved, That the Standing Rules of the Senate be amended by the addition thereto of the following, to be known and designated as Rule No. 64: 64. That whenever the action of any Senator or Representative in Congress is desired on any official matter the resolution or bill embodying such desire shall "request" such action and not "instruct" for the same. Resolution read, and referred to Committee on Rules. By Senator Lukens: Resolved, That the State Printer be and he is hereby instructed to print one thousand (1,000) copies of all Senate bills (in lieu of 500 copies now printed) for the use of the members. Resolution read, and referred to Committee on Rules. INTRODUCTION OF CONCURRENT RESOLUTION-(OUT OF ORDER). Senator Curtin asked for and was granted unanimous consent to introduce a concurrent resolution out of order. By Senator Curtin: SENATE CONCURRENT RESOLUTION NO. 7. Resolved by the Senate of California, That a committee of six, consisting of three Senators and three Assemblymen, be appointed by the President of the Senate and the Speaker of the Assembly, respectively, to prepare and present to the Senate and Assembly for adoption, resolutions of respect to the memory of the late Senators: James T. Byrnes, Orrin Z. Hubbel, and George H. Williams, members of the thirty-fifth session of the California Legislature. Concurrent resolution read and adopted. INTRODUCTION OF JOINT RESOLUTION-(OUT OF ORDER). Senator Lynch asked for and was granted unanimous consent to introduce a joint resolution out of order. By Senator Lynch: Senate Joint Resolution No. 5-Relative to the establishment of a National Park at "The Pinnacles" in San Benito County, State of California. Joint resolution referred to Committee on Federal Relations. |