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REPORTS OF STANDING COMMITTEES (RESUMED).

ON MINES, DRAINAGE, AND MINING debris.

SENATE CHAMBER, SACRAMENTO, January - 1891. MR. PRESIDENT: Your Committee on Mines, Drainage, and Mining Debris, to whom was referred Senate Bill No. 12-Repealing an Act declaring the Klamath river navigablehave had the same under consideration, and respectfully report the same back, and recommend that it do pass.

ON COMMERCE AND NAVIGATION.

VOORHIES, Chairman.

SENATE CHAMBER, SACRAMENTO, January 20, 1891.

MR. PRESIDENT: Your Committee on Commerce and Navigation, to whom was referred Senate Bill No. 90-An Act to amend an Act entitled an Act to amend section six of an Act entitled "An Act concerning the waterfront of the City and County of San Francisco,” approved March 15, 1878, and to confer further powers upon the Board of State Harbor Commissioners, approved March 17, 1880-have had the same under consideration, and respectfully report the same back, and recommend that it do pass.

MAHONEY, Chairman.

INTRODUCTION OF CONSTITUTIONAL AMENDMENT.

By Senator Sprague: Senate Constitutional Amendment No. 13Relative to amending sections one, two, three, four, ten, twelve, seventeen, eighteen, twenty-three, and twenty-four of article six of the Constitution of the State of California, relating to the Judicial Department. Referred to Committee on Constitutional Amendments.

By Senator Maher:

RESOLUTIONS (OUT OF ORDER).

Resolved, That Martin Steinmetz be and he is hereby appointed to attend to the lighting of the gas for the Senate at three dollars per day; and having performed such service since the opening of the present session,

Resolved, That the Controller be authorized to draw his warrant, payable out of the Contingent Fund of the Senate, in such sum, from January 6, 1891, and the Treasurer be authorized to pay the same.

Referred to Committee on Attachés, Contingent Expenses, and Mileage.

Also:

Resolved, That the State Controller be and he is hereby requested to draw his warrant on the State Treasury in the sum of twenty-five ($25) dollars each, for LieutenantGovernor J. B. Reddick, Senator Shippee, and Sergeant-at-Arms Rogers, the same to be paid out of the Contingent Fund of the Senate.

Referred to Committee on Attachés, Contingent Expenses, and Mileage.

By Mr. Preston:

Resolved, That Senate Bill No. 351 presents a case of urgency, as that term is used in section fifteen of article four of the Constitution, and the provision of that section requiring that the hill shall be read on three several days in each House is hereby dispensed with, and it is ordered that said bill be read the first and second times, upon one day, and placed upon its passage.

Adopted, and the constitutional provisions suspended by the following vote:

AYES-Messrs. Bailey, Banks, Berry, Britt, Broderick, Byrnes, Campbell of Siskiyou, Carpenter, Dargie, De Long, Denison, Dray, Everett, Fraser, Goucher, Hamill, Harp, Heacock, Maher, Mahoney, McComas, Ostrom, Preston, Ragsdale, Seawell, Shippee, Simpson, Streeter, Voorhies, Welch, Williams (W. H.), and Wilson-32. NOES-Mr. Campbell of Solano-1.

FIRST AND SECOND READINGS OF BILL-(OUT OF ORDER).

Senate Bill No. 351-An Act making an appropriation to pay the deficiency in the appropriation for the office of Secretary of State, and for the purchase of supplies and furniture, and for making necessary repairs in the several offices of the State Capitol.

Read first and second times.

Senator Carpenter moved to amend by striking out of section one, line one, the word "ten," and inserting the word "two."

Lost.

Bill ordered to engrossment and third reading.

By Mr. Carpenter:

RESOLUTION (OUT OF ORDER).

Resolved, That the Sergeant-at-Arms of the Senate be and he is hereby authorized to pay the following bills: Union Ice Company, for ice furnished, ten dollars and fifty cents; Wangenheim, Steinman & Co., for two filters, thirty-five dollars and fifty cents; C. H. Gilman & Co., for two umbrella stands, twelve dollars and seventy-five cents; and John P. Hughes, for carpenter work done, eighteen dollars and forty-five cents. The same to be paid out of the Contingent Fund of the Senate, and the Controller is hereby directed. to draw his warrant for same.

Referred to Committee on Attachés, Contingent Expenses, and Mileage.

RECESS.

The hour of recess having arrived, the Senate took a recess until one o'clock and thirty minutes P. M.

REASSEMBLED.

At one o'clock and thirty minutes P. M. the Senate reassembled.
The roll was called, and the following Senators answered to their

names:

Messrs. Bailey, Banks, Berry, Britt, Broderick, Byrnes, Campbell of Solano, Campbell of Siskiyou, Carpenter, Crandall, Dargie, De Long, Denison, Dray, Everett, Flint, Fraser, Goucher, Hamill, Harp, Heacock, Langford, Maher, Mahoney, McComas, McGowan, Mead, Ostrom, Preston. Ragsdale, Seawell, Shippee, Simpson, Streeter, Voorhies, Welch, Williams (Wm. H.), Williams (Geo. H.), and Wilson.

Quorum present.

REPORT OF COMMITTEE ON ENGROSSMENT.

The following committee report was received and read:

SACRAMENTO, January 20, 1891.

MR. PRESIDENT: Your Committee on Engrossment beg leave to report that the following Senate Bills have been correctly engrossed:

Senate Bill No. 10-An Act to amend sections six hundred and eighty-nine and five hundred and forty-nine of the Code of Civil Procedure of the State of California, relative to the claims by third persons of property levied upon under writs of execution and attachment, as to the procedure upon said claims, and as to the necessary prerequisites to their being received.

Also: Senate Bill No. 11-An Act to amend section six and to repeal section sixtythree of an Act entitled "An Act for the relief of insolvent debtors, for the protection of creditors, and for the punishment of fraudulent debtors," approved April 16, 1880, relating to the appointment of receivers, and the care and disposition of the property of insolvent

debtors during the pendency of insolvency proceedings and before the election of an assignee.

Also: Senate Bill No. 13-An Act to amend section five hundred and thirty-two of the Penal Code, relating to the crime of obtaining money or property by false pretenses. Also: Senate Bill No. 14-An Act to amend section seventy-two of the Penal Code relating to the fraudulent presentation of claims to public officers.

Also: Substitute for Senate Bills Nos. 18 and 25-An Act to amend sections one thousand one hundred and eighteen and one thousand two hundred and thirty-eight of an Act entitled "An Act to establish a Penal Code," approved February 14, 1872, relating to the dismissal of actions and to appeals.

Also: Senate Bill No. 29-An Act to amend section two hundred and twenty-four of an Act entitled "An Act to establish a Civil Code," approved March 21, 1872, in relation to the adoption of children.

Also: Senate Bill No. 30-An Act to amend sections three thousand seven hundred and forty-six, three thousand seven hundred and forty-eight, three thousand seven hundred and fifty, three thousand seven hundred and fifty-one, three thousand seven hundred and fifty-six, three thousand seven hundred and fifty-eight, three thousand seven hundred and sixty-four, three thousand seven hundred and ninety-seven, three thousand seven hundred and ninety-nine, three thousand eight hundred, three thousand eight hundred and sixteen, three thousand eight hundred and sixty-six of "An Act to establish a Political Code," approved March 12, 1872, and to add a new section thereto, to be known as section three thousand seven hundred and fifty-seven, relative to the collection of property taxes.

Also: Senate Bill No. 32-An Act to amend section two thousand two hundred and eighty-one of an Act entitled "An Act to establish a Political Code," approved March 12, 1872, in relation to the office of Treasurer of the Deaf and Dumb and Blind Asylum.

RAGSDALE, Chairman.

THIRD READING OF BILLS.

The following bills were read a third time:

Senate Bill No. 10-An Act to amend sections six hundred and eighty-nine and five hundred and forty-nine of the Code of Civil Procedure of the State of California, relative to the claims by third persons of property levied upon under writs of execution and attachment, as to the procedure upon said claims, and as to the necessary prerequisites to their being received.

Roll called, and bill finally passed by the following vote:

AYES-Messrs. Bailey, Banks, Berry, Britt, Broderick, Byrnes, Campbell of Solano, Campbell of Siskiyou, Crandall, Dargie, De Long, Denison, Everett, Fraser, Goucher,⚫ Harp, Langford, Maher, McComas, Mead, Ostrom, Ragsdale, Shippee, Simpson, Streeter, Voorhies, Williams (Wm. H.), Williams (Geo. H.), and Wilson-28.

NOES-None.

Title read and approved.

Senate Bill No. 11-An Act to amend section six and to repeal section sixty-three of an Act entitled "An Act for the relief of insolvent debtors, for the protection of creditors, and for the punishment of fraudulent debtors," approved April 16, 1880, relating to the appointment of receivers, and the care and disposition of the property of insolvent debtors during the pendency of insolvency proceedings and before the election. of an assignee.

Roll called, and the bill refused passage by the following vote:

AYES-Messrs. Broderick, Carpenter, Dray, Fraser, Heacock, Maher, and Williams (Geo. H.)-7.

NOES-Messrs. Bailey, Banks, Berry, Britt, Brynes, Campbell of Solano, Campbell of Siskiyou, Crandall, Dargie, De Long, Denison, Everett, Flint, Goucher, Hamill, Harp, Mahoney, McComas, McGowan, Mead, Shippee, Simpson, Streeter, Voorhies, Welch, Williams (Wm. H.), and Wilson-27.

Senate Bill No. 13-An Act to amend section five hundred and thirtytwo of the Penal Code, relating to the crime of obtaining money or property by false pretenses.

Roll called, and bill finally passed by the following vote:

AYES-Messrs. Bailey, Banks, Berry, Britt, Broderick, Byrnes, Campbell of Solano, Campbell of Siskiyou, Carpenter, Crandall, Dargie, De Long, Denison, Flint, Fraser, Goucher, Hamill, Harp, Heacock, Langford, Maher, Mahoney, McComas, McGowan, Mead, Preston, Ragsdale, Seawell, Shippee, Simpson, Streeter, Voorhies, Welch, Williams (Wm. H.), Williams (Geo. H.), and Wilson-36.

NOES-None.

Title read and approved.

Senate Bill No. 14-An Act to amend section seventy-two of the Penal Code, relating to the fraudulent presentation of claims to public officers.

Roll called, and bill finally passed by the following vote:

AYES-Messrs. Bailey, Banks, Berry, Britt, Broderick, Byrnes, Campbell of Solano, Campbell of Siskiyou, Carpenter, Crandall, Dargie, De Long, Denison, Dray, Everett, Flint, Fraser, Goucher, Hamill, Harp, Heacock, Langford, Maher, Mahoney, McComas, Preston, Shippee, Simpson, Streeter, Voorhies, Williams (Wm. H.), Williams (Geo. H.), and Wilson-33.

NOES-None.

On motion of Senator Carpenter, the bill was referred back to its author, as a committee of one, for the purpose of making the following correction in the title: Transpose the words "presentation of" and "fraudulent."

REPORT OF SPECIAL COMMITTEE.

SENATE CHAMBER, SACRAMENTO, January 21, 1891. MR. PRESIDENT: Your Special Committee of one, to whom was referred Senate Bill No. 14-have had the same under consideration, and respectfully report its title has been amended as instructed.

Amendment adopted.

Title read and approved.

CARPENTER, Committee.

Senator Ostrom was granted permission to offer the following minority report:

MINORITY REPORT.

We, the undersigned, a minority of the Committee on Mines, Drainage, and Mining Debris, report that we are opposed to the passage of Senate Bill No. 12-An Act to repeal an Act declaring Klamath River navigable-because we are convinced that said Klamath River is navigable for a considerable distance.

THIRD READING OF BILLS- -(RESUMED).

OSTROM.
DRAY.

Substitute Bill for Senate Bills Nos. 18 and 25-An Act to amend sections one thousand one hundred and eighteen and one thousand two hundred and thirty-eight of an Act entitled "An Act to establish a Penal Code," approved February 14, 1872, relating to the dismissal of actions and to appeals.

Roll called, and the bill finally passed by the following vote:

AYES-Messrs. Bailey, Broderick, Campbell of Siskiyou, Carpenter, Crandall, Dargie, De Long, Denison, Dray, Everett, Flint, Fraser, Hamill, Heacock, Maher, Mahoney, McComas, Preston, Ragsdale, Seawell, Simpson, Sprague, Streeter, and Voorhies-24. NOES-Messrs. Berry, Britt, Byrnes, Campbell of Solano, Goucher, McGowan, Mead, Ostrom, Welch, Williams (Wm. H.), and Wilson-12.

Senator Seawell gave notice that he would move a reconsideration of the bill to-morrow.

Title read and approved.

On motion of Senator Crandall, Senate Bill No. 29 was referred to Senator Bailey, a special committee of one, for correction.

So ordered.

REPORT OF SPECIAL COMMITTEE.

MR. PRESIDENT: Your Special Committee of one, to whom was referred Senate Bill No. 29, respectfully report that it has amended said bill in accordance with your instructions, by striking out the words "whose parents are unknown," at the end of section two hundred and twenty-four.

BAILEY.

Report adopted, and the bill ordered to be printed.
President Reddick took the chair, and made the following announce-

ment:

SUPPLEMENTAL AND ADDITIONAL COMMITTEE APPOINTMENTS.

Committee on Irrigation and Water Rights-Messrs. Shippee, Carpenter, Ragsdale, and Harp. Committee on Public Buildings other than Prison Buildings-Messrs. Shippee, W. H. Williams, Dray, and Ragsdale. Committee on Labor and Capital-Messrs. McGowan, De Long, W. H. Williams, and

Britt.

Committee on City, City and County, and Town Governments-Messrs. Maher and Welch. Committee on Federal Relations and Immigration-Messrs. G. J. Campbell and Harp. Committee on Roads and Highways-Mr. Shippee.

President pro tem. Fraser in the chair.

REPORT OF STANDING COMMITTEE (OUT OF Order).

ON STATE LIBRARY AND RULES.

SENATE CHAMBER, SACRAMENTO, January 21, 1891. MR. PRESIDENT: Your Committee on State Library and Rules, who have had under consideration the formulation of rules for this body, respectfully submit herewith the proposed rules.

MCGOWAN, Chairman.

STANDING RULES OF THE SENATE.

1. OPENING OF THE DAILY SESSIONS.

The time of meeting of the Senate, commencing Tuesday, January 13, 1891, shall be eleven o'clock A. M. until February 16, 1891 (Sundays excepted), and in case any other is named, it shall be applicable only to one day, and shall not affect this rule beyond the day named for a different hour of meeting; and a recess shall be taken from twelve o'clock M. to one o'clock and thirty minutes P. M.; provided, that on Mondays the time of meeting shall be two o'clock P. M. After February 16, 1891, the time of meeting of the Senate shall be ten o'clock, and a recess shall be taken from twelve o'clock and thirty minutes P. M. to two o'clock P. M.

II. CALLING TO ORDER-READING JOURNAL.

The President shall call the Senate to order at the stated hour, and, if a quorum be present, he shall order read the Journal of the proceedings of the preceding day.

III. PRESIDENT PRO TEM.-HIS POWERS AND PRIVILEGES.

The President pro tem. shall, in the absence of the President, take the chair and call the Senate to order at the hour of the meetings of the Senate, and have the same power as the President; but the President pro tem. shall vote only as any other member of the Senate.

IV. ATTENDANCE, DUTIES, AND OBLIGATIONS OF SENATORS.

No Senator shall absent himself from the service of the Senate without leave first obtained. A less number than a quorum of the Senate are hereby authorized to send the Sergeant-at-Arms, or any other person, for any and all absent Senators, as the majority of such Senators present shall agree, at the expense of such absent Senators,

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