cesspools, and vaults, and to compel the connecting, cleaning, or emptying of the same, and to designate the time and manner in which the work shall be done.

19. To prevent throwing into any stream, creek, or bay, or any body of water, from vessels, wharves, or other places, any dirt, ballast, ashes, garbage, dead animals, or other materials that may obstruct the same or pollute the waters thereof.

20. To regulate or prohibit the use of steam, gasoline, electric, and other engines, the location of telegraph and telephone poles and wires, awnings, and hanging signs, and the construction of entrances to cellars and basements from sidewalks.

21. To establish hack stands, and regulate the rates and charges of hacks and other licensed vehicles.

22. To regulate the entrance to and exit from theaters, lecture rooms, public halls, and churches, and the number and construction of such entrances and exits, and to prohibit the placing of chairs, stools, benches, or other obstacles in the aisles of such buildings.

23. To maintain and regulate a fire alarm and police telegraph.

24. To regulate and control the business of pawnbrokers, junk dealers, intelligence offices, and prescribe the mode of conducting the same.

25. To fix and determine, annually, the rates of compensation to be collected by any person, company, or corporation in the city for the use of water supplied to the city or the inhabitants thereof; to fix and determine the rate of compensation to be charged and collected by any person, company, or corporation in this city for the use of telepho nes; and determine the maximum rate or compensation to be charged by any person, company, or corporation supplying gas, electric or other illuminating power in this city; and to prescribe penalties for the violation of all ordinances passed in reference to matters contained in this subdivision.

26. To regulate the quality, capacity, and location of electric wires, water and gas pipes, mains, and fire-plugs, and to provide for and regulate the construction and repair of hydrants, fire-plugs, cisterns, pumps, and such other appliances as may be requisite to utilize the distribution of water, electricity, and gas in the streets, public places, and public buildings.

27. To regulate the speed and conduct of railway engines, and to require railway companies either to station flagmen or place sufficient warning signals and signal bells at street crossings.

28. To grant franchises permitting any company or corporation to lay and maintain tracks, and to pass with steam railroads, operated by steam or other motive power, along, upon, and across, or elevated above or placed below any streets of the city; provided, that the free use of said streets shall not be unnecessarily obstructed thereby; and such franchises shall be granted only after notice published for two weeks and by ordinance passed by the votes of six menibers of the Council. Such grants shall be without prejudice to the rights of the owners of property to compensation for damages.

29. The grant of a franchise shall be a delegation of the right to condemn private property for public uses upon compensation being made therefor as provided by law.

30. To grant the right to construct, and to regulate and control the construction thereof, to railroad corporations, of pipes, tubes, conduits, signal bells, warning sigus, wires, and other electric, telegraph, and mechanical appliances, in, along, over, across, and under the streets; provided, that said appliances be so constructed as not to interfere with the free use of the sidewalks and streets

31. To require every railroad company to keep the streets in repair between the tracks, and along and within the distance of at least two feet upon each side of the tracks occupied by the company.

32. To determine fines, forfeitures, and penalties for the violation of any ordinance or any provision of this charter.

33. To make all needful rules to govern the official conduct and duties of all officers of the city whose duties are not defined by this charter, and to fix and regulate the charges and fees of all such officers, where the fees are not otherwise fixed, and to compel the payment of all such charges and fees into the city treasury.

33%. To provide for the appointment of special superintendents on work being done under contract.

34. To grant franchises for the construction of street railroads on and along the streets of the city; provided, that whenever application is made for such franchises the Council shall by resolution cause a notice of such application to be published for twenty days, and shall in said notice specify the route along which it is proposed to construct such road, and shall offer to grant the franchise to the persons, company, or corporation that shall agree to pay to the City of Stockton at the expiration of five years after said railroad is completed, and thereafter semi-annually, the largest percentum of the gross receipts of such road, according to a verified statement of the same; and, provided further, that in all grants of franchises for street railroads it shall be made a condition that single fares on such roads shall not exceed five cents, and that only such rails shall be laid down as are the most approved pattern for street railways operated by horses, mules, cables, or other motors than steam. The Council may reject all bids, and may refuse to grant a franchise for the proposed route; and, in case no bids are made, may, in their discretion, grant a franchise for such period as may be deemed most expedient. Franchises for street railroads to be operated by horses or mules shall not exceed twenty-five years; provided, further, that all applications for franchises under this section shall be accompanied by a deposit sufficient to pay advertisements and other necessary expenses to the final action of the City Council on such application; and such 8um shall be applied to such purposes.

35. To establish and regulate the issuing and granting of municipal licenses and the collection of license taxes.

36. To establish a city hospital and to provide for its maintenance.

37. To acquire lands for public parks, and to improve and maintain such lands for the benefit of all the inhabitants of the city, and also to acquire lands for public buildings and other public uses.

38. To provide water for the uses of the city and its inhabitants, and lay pipes for the distribution of water.

39. To provide for the execution of all trusts confided to the city.

40. To offer rewards, not exceeding five hundred dollars, for the arrest and conviction of any person or persons who may have committed a felony in said city.

41. To provide an urgent necessity fund, not exceeding five hundred dollars a year, to be expended under direction of the Mayor.

42. To establish such industrial schools, houses of correction. workshops, homes for confirmed inebriates, and such other institutions as may be deemed proper, and to provide for the support, maintenance, and management of the same.

43. To grant to the charitable associations of the City of Stockton a sum not to exceed one hundred and fifty dollars per month.

44. To regulate the custody, leasing, and sale of all the property of the municipality, and such lost, stolen, or unclaimed property as may be in the possession of the police or other officers of the city.

45. To regulate all parades and processions, and to determine what parades or processions upon the streets shall not be lawful and to declare the same a nuisance.

46. To make all rules and regulations necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this charter or by general laws in said city.

47. To make and enforce all such local, police, sanitary, and other regulations as are not in conflict with general laws and the provisions of this charter.

48. To appropriate out of the general fund of the city a sum not to exceed one thousand dollars in any one year to be used in public entertainments and the celebrations of any legal holidays.

49. To provide for a health officer and other sanitary officers, and prescribe their powers and duties.

50. To provide for the removal of human remains from the city, and for the establishment of cemeteries.

51. To acquire, construct, purchase, lease, own, control, maintain, and operate such public utilities and properties as shall be deemed to be for the best interests of the city. 52. To establish, maintain, regulate, and provide for the distribution for the relief of such exempt members of the "Old Volunteer Fire Department" of the City of Stockton as shall have become incapacitated in course of duty in said department or debilitated by age or sickness, a fund to be known as the Firemen's Relief Fund, and to so provide in the tax levy as that such levy shall yield each year as and for such fund a sum not less than five hundred dollars.

PROPOSED CHARTER AMENDMENT NUMBER TWENTY.

[Relating to the Council's power to fix and the time for fixing compensation of officers and employés.]

That Section 50 of said charter be amended to read as follows:

Section 50. The compensation of officers and employés of the city shall be fixed by the City Council at the first regular meeting in April next preceding the general municipal election; but if in any case there be no other applicable limitation of the amount which the Council may fix, the Council shall fix no greater amount than the maximum in the same case prescribed by the former Section 50, of which this is amendatory.

PROPOSED CHARTER AMENDMENT NUMBER TWENTY-ONE.

[Relating to the wording, use, abandonment and forfeiture of franchises.] That Section 202 of said charter be amended to read as follows:

Section 202. No grant of any franchise by the City Council shall have any validity or effect unless the wording of the same is in specific terms and not in general terms, nor unless the person or persons to whom the same is made shall within six months thereafter, actually and in good faith, and not colorably, commence the exercise or enjoyment of the same, there being no legal impediment thereto. When any franchise shall have been in disuse, in whole or in part, for the period of one year, there being no legal impediment to the use thereof, it shall be deemed abandoned and forfeited to the extent of such disuse, and the said franchise, or that part thereof so in disuse, shall no longer be exercised or enjoyed; provided, that the disuse of any portion of the franchise, unless permission be before obtained of the City Council, shall be deemed a forfeiture of the whole.

PROPOSED CHARTER AMENDMENT NUMBER TWENTY-TWO.

[Relating to contracts for work and supplies exceeding $600, and to sales and leases of city property and notices thereof and the posting of notices in general.] That Section 201 of said charter be amended to read as follows:

Section 201. Unless otherwise provided in this charter, all contracts for work, or

supplies of any kind for more than six hundred dollars, shall be let to the lowest bidder, after notice given, by posting the same for ten days, and by publishing the same for five days, and all sales or leases of property belonging to the city shall be by public auction to the highest bidder, upon such terms and conditions as the City Council may by ordinance direct, and after like notice given.

That Section 213 of said charter be amended to read as follows:

Section 213. Whenever this charter provides for the posting of notices, such notices shall be posted in three public places, to be designated by the City Council.

PROPOSED CHARTER AMENDMENT NUMBER TWENTY-THREE.

Relating to fund for permanent water front improvements.]

That Section 164 of said charter be amended to read as follows:

Section 164. For the purpose of providing for permanent water front improvements four (4) per cent of the revenue actually collected for general purposes shall be set aside and applied to the construction of permanent wharf along the channels fronting on public streets and levees within the corporate limits of the city.

PROPOSED CHARTER AMENDMENT NUMBER TWENTY-FOUR.

[Relating to contracts for lighting streets, public buildings, places and offices, and to the form, execution, countersigning and registry of contracts generally.] That Section 27 of said charter be amended to read as follows:

Section 27. No contract for lighting streets, public buildings, places, or offices, shall be made to pay for power or for gas, electric lights, or any other illuminating material at a higher rate than is charged to any other consumer.

That Section 29 of said charter be amended to read as follows:

Section 29. All contracts must be in writing, executed in the name of the city, and by an officer authorized to make the same. The form and legality of all contracts shall be submitted to and passed upon by the City Attorney. Every contract must be countersigned by the City Clerk, numbered, and registered in a book kept for that purpose.

PROPOSED CHARTER AMENDMENT NUMBER TWENTY-FIVE.

Relating to redemption from tax sales.]

That Section 75 of said charter be amended to read as follows:

Section 75. A redemption of the property sold may be made by the owner or any party in interest at any time prior to the execution of a deed of conveyance by the Tax Collector to the purchaser.

STATE OF CALIFORNIA, COUNTY OF SAN JOAQUIN, CITY OF STOCKTON—SS.

This is to certify that we, C. E. Williams, Mayor of the City of Stockton, and Geo. S. Wheatly, City Clerk of the City of Stockton, have compared the foregoing proposed and ratified twenty-five amendments to the charter of the City of Stockton with the original ordinance proposing said amendments and submitting the same to the qualified electors of said city, at a general city election called and held in said city on Tuesday, the nineteenth day of May, in the year one thousand nine hundred and three, and find that the foregoing is a full, true, correct and exact copy thereof; and we further certify that the facts, as set forth in the preamble preceding said amendments to said charter, are and each of them is true.

IN WITNESS WHEREOF, we have hereunto set our hands and caused the same to be authenticated by the seal of said City of Stockton, this 31st day of December, 1904.

[SEAL]

C. E. WILLIAMS, Mayor of the City of Stockton. GEO. S. WHEATLY,

City Clerk of the City of Stockton.

Now, therefore, be it Resolved, by the Senate of the State of California, the Assembly thereof concurring, (a majority of all the members elected to each house voting for the adoption of this resolution and concurring therein), That the said twenty-five amendments to said charter of said City of Stockton, as presented and submitted to and adopted and ratified by the qualified electors of said city, be, and the same are hereby approved as a whole, without amendment or alteration, for and as amendments to and as a part of the charter of said City of Stockton.

Concurrent resolution read.

The question being on the adoption of the resolution.

The roll was called, and Senate Concurrent Resolution No. 4 adopted by the following vote:

AYES-Senators Bauer, Belshaw, Broughton, Bunkers, Coggins, French, Hahn, Haskins, Irish, Keane, Leavitt, Lukens, Lynch, Mattos, McKee, Muenter, Pendleton, Ralston, Rambo, Rowell, Rush, Sanford, Savage, Simpson, Welch, Wolfe, Woodward, and Wright-28.

NOES-None.

ADJOURNMENT.

At twelve o'clock and fifty-five minutes P. M., on motion of Senator Wolfe, the Senate was declared adjourned until eleven o'clock A. M. of Thursday, January 19, 1905.

IN SENATE.

SENATE CHAMBER,

Thursday, January 19, 1905.

Pursuant to adjournment, the Senate met at eleven o'clock A. M.
Hon. E. I. Wolfe, President pro tem. of the Senate, in the chair.
The roll was called, and the following answered to their names:

Senators Anderson, Bauer, Belshaw, Broughton, Carter, Coggins, Curtin, Diggs, Emmons, French, Greenwell, Hahn, Haskins, Irish, Keane, Leavitt, Leeke, Lukens, Lynch, Markey, Mattos, McKee, Muenter, Nelson, Pendleton, Ralston, Rambo, Rowell, Rush, 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 Wednesday, January 18, 1905, the further reading was dispensed with, on motion of Senator Welch.

APPROVAL OF JOURNALS.

The Journals of Friday, January 13, Monday, January 16, and Tuesday, January 17, 1905, having been corrected, were read and approved.

LEAVE OF ABSENCE.

Senator Bunkers was, on motion of Senator Emmons, granted leave of absence for the day.

RESOLUTION.

The following resolution was offered:

By Senator Curtin:

Resolved, That all Code revision bills reported from the Code Revision Committee, and which are amendatory of the present Codes, be placed upon a special Senate file and be acted upon at such time as may be hereafter agreed upon by the Senate.

Resolution read, and referred to Committee on Rules.

REPORTS OF STANDING COMMITTEES.

The following reports of standing committees were received:

ON ENGROSSMENT AND ENROLLMENT.

SENATE CHAMBER, SACRAMENTO, January 19, 1905. MR. PRESIDENT: Your Committee on Engrossment and Enrollment beg leave to report that they have examined and found the following bills correctly engrossed: Senate Bill No. 11-An Act to provide for the purchase of a site for the erection,

equipment, and furnishing of a building or buildings, and for the improvement of grounds, for the use of the San Francisco State Normal School, and making an appropriation therefor.

Senate Bill No. 53-An Act to amend Section 3457 of the Political Code of California, relating to the nature and legal life of warrants of reclamation districts in the State of California.

Senate Bill No. 23-An Act to appropriate the sum of $4,150 to pay the claim of the Citizens' National Bank of Los Angeles, for money due and owing the said Citizens' National Bank from the State of California.

KEANE, Chairman.

Senate Bills Nos. 11, 53, and 23 ordered on file for third reading.

ON JUDICIARY.

SENATE CHAMBER, SACRAMENTO, January 18, 1905.

MR. PRESIDENT: Your Committee on Judiciary has had referred to itSenate Bill No. 92-An Act adding a new section to the Penal Code, to be numbered 273, relating to the protection of children under eighteen years of age.

Also: Senate Bill No. 100-An Act adding a new section to the Penal Code, to be numbered 27334, relating to the protection of children under eighteen years of age.

Also: Senate Bill No. 208-An Act to amend Section 853 of the Code of Civil Procedure, relating to plaintiff's pleadings in justices' courts.

Also: Senate Bill No. 143-An Act to amend Section 850 of the Code of Civil Procedure, relating to notice of trial, or hearing thereof, in justices' courts.

Also: Senate Bill No. 192-An Act to amend Section 855 of the Code of Civil Procedure, relating to the defendant's pleadings in justices' courts.

Also: Senate Bill No. 96-An Act to add a new section to the Penal Code, to be numbered Section 420, relating to shipment of money or bullion on passenger coaches.

Also: Senate Bill No. 27-An Act to amend Section 3897 of the Penal Code, relating to the disposition of lands deeded to the State for non-payment of State and county taxes. Also: Senate Bill No. 243-An Act to amend Section No. 3805a of the Political Code of the State of California, relating to public lands upon which final payment has not been made.

Also: Senate Bill No. 218-An Act to amend Section 949 of the Code of Civil Procedure, relating to appeals.

We have had the same under consideration, and respectfully report the same back, and recommend that they do pass as amended.

LUKENS, Chairman.

Senate Bills Nos. 92, 100, 243, 208, 143, 192, 96, 27, and 218 ordered on file for second reading.

ON FEDERAL RELATIONS.

SENATE CHAMBER, SACRAMENTO, January 19, 1905.

MR. PRESIDENT: Your Committee on Federal Relations has had referred to itSenate Bill No. 170-An Act to re-cede and re-grant unto the United States of America the Yosemite Valley.

We have had the same under consideration, and respectfully report the same back, and a majority recommend that it do pass; a minority that it do not pass.

Senate Bill No. 170 order on file for second reading.

ON DRAINAGE, SWAMP AND OVERFLOWED LANDS.

IRISH, Chairman.

SENATE CHAMBER, SACRAMENTO, January 19, 1905. MR. PRESIDENT: Your Committee on Drainage, Swamp and Overflowed Lands has had referred to it

Senate Bill No. 230-An Act authorizing the United States Government to lower the water levels of any or all of the following lakes: Lower (or Little Klamath) Lake, Tule (or Rhett) Lake, Goose Lake, and Clear Lake, situated in Siskiyou and Modoc Counties, and to use any part or all of the beds of said lakes for the storage of water in connection with the irrigation and reclamation operations conducted by the Reclamation Service of the United States; also ceding to the United States all right, title, interest, or claim of the State of California to any lands uncovered by the lowering of the water levels of any or all of said lakes not already disposed of by the State.

We have had the same under consideration, and respectfully report the same back, and recommend that it do pass.

RUSH, Chairman.

Senate Bill No. 230 ordered on file for second reading.