COMMITTEES OF THE SENATE. Agriculture and Dairying-Senators Lynch (chairman), Rush, Muenter, Greenwell, Rambo, McKee, and Diggs. Banking-Senators Woodward (chairman), Ralston, Hahn, Lynch, Rambo, Rowell, and Diggs. Code Revision-Senators Hahn (chairman), Wolfe, Ward, Simpson, Keane, Anderson, and Curtin. Commerce and Navigation-Senators Welch (chairman), Nelson, Lukens, Simpson, Savage, Markey, French, Rush, and Sanford. Commissions and Retrenchment-Senators Bunkers (chairman), Wright, Bauer, French, Coggins, Rambo, and Emmons. Contingent Expenses-Senators Wolfe (chairman), Lynch, and Diggs. Corporations-Senators Pendleton (chairman), Selvage, Greenwell, Muenter, Welch, Irish, Shortridge, Carter, Hahn, Keane, and Curtin. County Government-Senators Selvage (chairman), Woodward, Ralston, Hahn, Ward, Mattos, Wright, Leeke, and Curtin. Constitutional Amendments-Senators Wright (chairman), Rowell, Welch, Selvage, Carter, Sanford, and Curtin. Drainage, Swamp and Overflowed Lands-Senators Rush (chairman), McKee, Selvage, Muenter, Lynch, Keane, Wright, Diggs, and Emmons. Elections and Election Laws-Senators Leavitt (chairman), Selvage, Lukens, Belshaw, Rowell, Nelson, Greenwell, Bunkers, and Sanford. Education-Senators Rowell (chairman), Woodward, Coggins, Greenwell, Shortridge, McKee, Mattos, Ward, Anderson, Leeke, and Curtin. Engrossment and Enrollment-Senators Keane (chairman), Rambo, and Bauer. Executive Communications-Senators Markey (chairman), Ward, Leavitt, Bauer, and Emmons. Federal Relations-Senators Irish (chairman), Savage, and Sanford. Finance-Senators Belshaw (chairman), Rowell, Leavitt, Wolfe, Selvage, Muenter, Pendleton, Lukens, Ward, Hahn, Woodward, Curtin, and Sanford. Fish and Game-Senators Shortridge (chairman), Coggins, Belshaw, Lynch, Carter, Nelson, Ralston, Haskins, and Diggs. Forestry and Water Preservation-Senators Anderson (chairman), Shortridge, Leeke, Coggins, Ralston, Rush, Rambo, Bauer, and Curtin. Fruit and Vine Interests-Senators Rambo (chairman), Rowell, Rush, Shortridge, Woodward, Mattos, Anderson, Leeke, and Diggs. Hospitals and Asylums-Senators Muenter (chairman), Pendleton, Woodward, Savage, Shortridge, Bunkers, McKee, Nelson, Leeke, Markey, and Sanford. Irrigation-Senators Leeke (chairman), Anderson, Rowell, Ward, Broughton, Wright, Irish, Curtin, and Diggs. Judiciary-Senators Lukens (chairman), Selvage, Shortridge, Ward, Wolfe, Savage, Pendleton, Hahn, Muenter, Carter, Bauer, Simpson, Broughton, Irish, Anderson, Wright, Keane, Mattos, Curtin, and Emmons. Labor, Capital, and Immigration-Senators Nelson (chairman), Bunkers, French, Savage, Lukens, Keane, Markey, Haskins, and Sanford. Library Senators Broughton (chairman), Selvage, Shortridge, Anderson, McKee, Rush, and Haskins. Manufactures and Oil Industry-Senators Greenwell (chairman), Coggins, Belshaw, Broughton, Nelson, Lynch, French, Haskins, and Emmons. Military Affairs-Senators Simpson (chairman), Savage, French, Mattos, and Emmons. Mines and Mining-Senators Ralston (chairman), Belshaw, Irish, Leeke, Broughton, Leavitt, and Curtin. Municipal Corporations-Senators Savage (chairman), Wolfe, Leavitt, Simpson, Keane, Ward, and Diggs. Printing-Senators French (chairman), Rush, and Broughton. Prisons and Reformatories-Senators Coggins (chairman), Belshaw, McKee, Ralston, Carter, Welch, Simpson, Haskins, and Diggs. Public Buildings and Grounds-Senators McKee (chairman), Welch, French, Nelson, Mattos, Lynch, Wright, Bunkers, and Sanford. Public Health and Quarantine-Senators Haskins (chairman), McKee, Muenter, Pendleton, and Rambo. Public Morals-Senators Bauer (chairman), Leavitt, Pendleton, Welch, and Curtin. Roads and Highways-Senators Mattos (chairman), Coggins, Ralston, Irish, Hahn, Carter, Markey, Emmons, and Diggs. Rules-Senators Carter (chairman), Wolfe, Leavitt, Greenwell, and Emmons. Revenue and Taxation-Senators Ward (chairman), Lukens, Belshaw, Woodward, Ralston, Broughton, Keane, Simpson, and Sanford. ADJOURNMENT. At eleven o'clock and fifty minutes A. M., on motion of Senator Wolfe, the Senate was declared adjourned until eleven o'clock A. M. of Monday, January 9, 1905. IN SENATE. SENATE CHAMBER, Monday, January 9, 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, Curtin, Diggs, Emmons, French, Greenwell, Hahn, Haskins, Irish, Keane, Leavitt, Leeke, Lukens, Markey, Mattos, McKee, Muenter, Nelson, Pendleton, Ralston, Rambo, Rowell, Sanford, Savage, Selvage, Shortridge, 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 Friday, January 6, 1905, the further reading was dispensed with, on motion of Senator Mattos. PETITIONS. The President presented the following petitions, and, on motion of Senator Wolfe, the same were ordered printed in the Journal: To the Honorable President of the Senate, California Legislature, Thirty-sixth Session, Sacramento, California: The California Viticultural Club, composed of grape-growers and manufacturers of wine, with representatives from all parts of the State of California, in convention assembled, respectfully petitions your honorable body to direct, by proper order, the Senators and to request the representatives of the State of California in the National Congress at Washington, to energetically and unalterably oppose the enactment into law of that portion of the recommendation of Commissioner Yerkes, of the Internal Revenue Bureau, made in his annual report to the Congress of the United States, wherein he recommends, "The levying of a minimum tax upon the grape brandy now used in the fortification of sweet wines manufactured within the United States amounting to twenty-five cents per proof gallon." We unreservedly declare our opposition to this proposed measure and declare that ench a tax is equivalent to not less than five cents per gallon on the sweet wine manufactured and that this imposition would work incalculable injury to an industry of this State in which there is invested, directly and indirectly, over eighty millions of dollars, and that the enactment into law of such a measure would injure the business of California many million dollars and would wipe out and would absolutely destroy that portion of the viticultural interests of this State. We declare our ability and our ready disposition to furnish proofs of these assertions and declarations to your honorable body, or any committee thereof, whenever requested or called upon so to do. For your favorable action on this matter, your petitioners will ever pray. GEO. W. PELTIER, Chairman, JNO. SWETT, Martinez, California. Fresno, California. A. P. TARPEY, Committee on Resolutions, acting under instructions, of the California Viticultural Club. Dated: San Francisco, California, January 5, 1905. OFFICE OF THE CLERK OF THE BOARD OF SUPERVISORS, Hon. Alden Anderson, President of the Senate, Sacramento, California: DEAR SIR: Pursuant to direction of the Board of Supervisors, of the City and County of San Francisco, I have the honor to transmit to you the enclosed copies of Resolu tions Nos. 5416 and 5417 of said board, adopted January 3, 1905, the subject-matters of which resolutions relate to the submission of a constitutional amendment to the electors of the State of California regarding depositaries for public funds subject to certain conditions, and to the extension of the statutory time wherein claims may be filed for the refunding of taxes illegally collected. Favorable consideration and support is requested of the members of the Legislature on these measures, and therefore it was deemed advisable that your attention be called to the matters. Yours very truly, CHAS. W. FAY, Clerk Board of Supervisors, San Francisco. RESOLUTION No. 5417. WHEREAS, The Board of Supervisors did, by Ordinances Nos. 520, 521 and 523 of the Board of Supervisors, levy an emergency tax for the construction of a new City and County Hospital and new schoolhouses, which emergency tax was subsequently declared invalid by the Superior Court of the City and County of San Francisco, and appeal from said decision was waived by the Board of Supervisors; and WHEREAS, Many of the taxpayers of the City and County of San Francisco, believing such tax to be a meritorious and just one for the purposes intended, failed to pay their taxes under protest and to commence an action within the time required by law, or to file with the Board of Supervisors a claim within six months of the date of payment as required by Section 3804 of the Political Code of the State of California; and WHEREAS, The Board of Supervisors has expressed itself on several occasions in favor of returning these taxes, provided the same could be legally done; and WHEREAS, The City Attorney in his communication (filed December 24, 1904), advises that refunds cannot be made in many cases, excepting the statutory time prescribed by Section 3804 of the Political Code is extended for a period of three years to permit the filing of all claims; now therefore Resolved, That the Legislature of the State of California be and is hereby memorialized to amend Section 3804 of the Political Code as follows: "AN ACT "To amend Section 3804 of the Political Code of the State of California, relating to the refunding of taxes illegally or erroneously collected or paid more than once, and limiting the time therefor. "The People of the State of California, represented in Senate and Assembly, do enact as follows: "SECTION 1. Section 3804 of the Political Code of California is hereby amended to read as follows: "Section 3804. Any taxes, penalties, or costs thereon heretofore or hereafter paid more than once, or heretofore or hereafter erroneously or illegally collected, or any taxes heretofore or hereafter paid upon an assessment in excess of the actual cash value of the property so assessed, by reason of a clerical error of the assessor, as to the excess in such cases, or any tax heretofore or hereafter paid upon an erroneous assessment of improvements on real estate not in fact in existence when said tax became a lien, may, by order of the Board of Supervisors, be refunded by the County, City and County, or City Treasurer. Whenever any payment shall have been made to the State Treasurer, by the County, City and County, or City Treasurer, as provided by Section 3865 and Section 3866 of this Code, and it shall afterwards appear to the satisfaction of the Board of Supervisors that a portion of the money so paid should be refunded as herein provided, said Board of Supervisors may refund such portion of the said taxes, penalties, and costs so paid to the said Treasurer to the person entitled to the same out of the general fund, and upon the rendering of the report required by Section 3668 of this Code the Auditor shall certify to the Controller, in such form as the Controller may prescribe, all amounts so refunded, and in the next settlement of the County, City and County, or City Treasurer with the State, the Controller, if satisfied of the legality of such refunding, by the said Board, shall give such Treasurer credit for the State's portion of the amounts so refunded as prescribed in Section 3871 of this Code; provided further, that where the taxes, penalties, and costs herein referred to are levied in behalf of any school district, municipality, or other public or municipal corporation, and said corporation has money in the county, city and county, or city treasury, said order to refund shall not be made except upon a certified copy of an order of the governing body of such corporation authorizing said repayment, in which case the amount refunded shall be paid by the County, City and County, or City Treasurer from the county fund of such school district, or from the appropriate fund of such corporation; provided further, however, that no order of the Board of Supervisors to refund taxes, penalties or costs shall be made except upon a verified claim therefor filed within three years after the making of the payment sought to be refunded. "SEC. 2. All acts or parts of acts in conflict with the provisions of this are hereby repealed. "SEC. 3. This Act shall take effect and be in force from and after its passage." Further resolved, That the Clerk of this Board be and he is hereby directed to trans mit a copy of this resolution to his Excellency the Governor of the State of California, to the President of the Senate and the Speaker of the Assembly. And the Clerk is hereby directed to advertise this resolution in the Evening Post newspaper. In Board of Supervisors, San Francisco, January 3, 1905. Ayes-Supervisors Alpers, Bent, Booth, Boxton, Braunhart, Connor, D'Ancona, CHAS. W. FAY, Clerk. E. E. SCHMITZ, Mayor and ex-officio President of the Board of Supervisors. RESOLUTION No. 5416. Resolved, That this Board hereby memorializes the State Legislature, now in session, to submit to the electors of the State of California the following amendment to the Constitution of the State of California, to wit: ARTICLE XI OF THE CONSTITUTION. Section 16. All moneys, assessments and taxes belonging to or collected for the use of any county, city, town or other public or municipal corporation, coming into the hands of any officer thereof, shall immediately be deposited with the Treasurer, or other legal depositary, to the credit of such city, town, or other corporation, respectively, for the benefit of the funds to which they respectively belong. Amend by adding to the foregoing the following: The legislative body of any county, city and county, city or town may designate one or more despositaries within such county, city and county, city or town in manner herein provided. Such legislative body may advertise for proposals to act in the capacity of public depositary for the safe keeping of all public moneys not immediately needed by such county, city and county, city or town, and such proposal shall state the rate of interest to be paid on all sums of money thus to be deposited, and, after such advertisement, the legislative body may, in its discretion, designate such persons, firms or corporations as offer to pay the highest rate of interest on public funds as a public depositary or depositaries; under such conditions as the legislative body shall prescribe; provided, however, that no public money shall be placed in the custody of such public depositary unless there shall be deposited with the Treasurer of the county, city or county, city or town, bonds of the United States, of the State of California, or of some county, municipality or school district, in this State, the legality of which bonds shall be approved by the legislative body of the county, city and county, city or town receiving the same, to an amount in excess of all sums of money so deposited in such public depositary, which bonds shall be security for the return, upon demand, of all sums thus deposited. Section 17. The making of a profit out of county, city, town or other public money or using the same for any purpose not authorized by law, by any officer having the possession or control thereof, shall be a felony, and shall be prosecuted and punished as prescribed by law. Amend by adding the following: Provided, That the provisions of this section shall not apply to any public depositary designated as provided by Section 16 of this article. Further Resolved, That the Clerk of this Board be and he is hereby directed to transmit a copy of this resolution to his Excellency the Hon. Geo. C. Pardee, Governor of the State of California, the President of the Senate and the Speaker of the Assembly. And the Clerk is hereby directed to advertise this resolution in the Evening Post newspaper. In Board of Supervisors, San Francisco, January 3, 1905. Ayes-Supervisors Alpers, Bent, Booth, Boxton, Braunhart, Connor, D'Ancona, Approved, San Francisco, January 5, 1905. CHAS. W. FAY, Clerk. E. E. SCHMITZ, Mayor and ex-officio President of the Board of Supervisors. INTRODUCTION OF JOINT RESOLUTION-(OUT OF ORDER). Senator Woodward asked for and was granted unanimous consent to introduce a joint resolution out of order. By Senator Woodward: Senate Concurrent Resolution No. 1-Relative to the levying of a minimum tax upon the grape brandy, now used in the fortification of sweet wines, within the United States, amounting to twenty-five cents per proof gallon. Senate Concurrent Resolution No. 1 ordered to print. SPECIAL ORDER SET. On motion of Senator Woodward, Senate Concurrent Resolution No. 1 was referred to Committee on Fruit and Vine Interests, with a request that it be reported back on Tuesday, January 10, 1905, and made a special order for that day, immediately after the reading of the Journal. RESOLUTIONS. The following resolutions were offered: By Senator Wolfe: Resolved, That the sum of ten ($10) dollars, be and the same is hereby appropriated from the Contingent Fund of the Senate, to be paid to John Faulkenstine for two (2) days' services rendered as an Assistant Sergeant-at-Arms of the Senate, previous to organization. The Controller is directed to draw his warrant in favor of John Faulkenstine for the amount, and the Treasurer authorized to pay same. Resolution read, and referred to Committee on Contingent Expenses and Mileage. Also: Resolved, That the Sergeant-at-Arms of the Senate provide the Press Mailing Clerks with $50 worth of postage stamps, the same payable out of the fund for contingent expenses of the Senate, and the Controller is hereby directed and authorized to draw his warrant for the sum of $50, and the Treasurer is directed to pay the same. Resolution read, and referred to Committee on Contingent Expenses and Mileage. By Senator Leavitt: Resolved, That the following-named persons be and they are hereby elected to the positions and at the per diems set opposite their respective names: Senator Leavitt moved that the resolution be adopted. $4.00 5.00 5.00 3.00 5 00 The question being on the adoption of the resolution. AYES Senators Anderson, Belshaw, Broughton, Carter, Coggins, Curtin, French, Greenwell, Hahn, Haskins, Irish, Keane, Leavitt, Leeke, Lukens, Markey, Muenter, Nelson, Pendleton, Rambo, Rowell, Sanford, Savage, Selvage, Shortridge, Simpson, Ward, Welch, Wolfe, Woodward, and Wright-31. NOES-None. Also: Resolved, That the Sergeant-at-Arms be and he is hereby empowered and directed to purchase and lay a carpet on the inner lobby behind the railing, at a cost not to exceed 65 cents per yard. Resolution read, and referred to Committee on Contingent Expenses and Mileage. By Senator Muenter: Resolved, That the Sergeant-at-Arms of the Senate be and he is hereby instructed to procure for the use of the Senate committees thirty-six tin office-boxes. Resolution read, and referred to Committee on Contingent Expenses and Mileage. |