ON APPOINTMENT OF COMMITTEE CLERKS. MR. PRESIDENT: Your committee to whom was referred the resolution offered by Senator Seawell, asking that each of the Democratic Senators be allowed a clerk at a per diem of three dollars, have had the same under consideration, and beg leave to report: That it has searched diligently for an established precedent which would warrant a favorable report upon the resolution. The nearest approach to such precedent which your committee has been able to find was established in this body at its last session, when the record shows that twenty-two Democratic Senators enjoyed the luxury and companionship of upwards of forty-four committee clerks, an average of at least two for each Democratic Senator; but as such precedent was not afterwards approved by the people-whose servants we all are-tor instead of twenty-two, a remnant of only twelve Democratic Senators have been returned at the present session, your committee does not deem it wise to follow it, and therefore recommends the indefinite postponement of the resolution. HEACOCK, for Committee. Adopted. MOTION. Senator Heacock moved the adoption of the report. Ayes and noes demanded by Senators Welch, Goucher, and Campbell of Siskiyou. The roll was called, and the report adopted by the following vote: AYES-Messrs. Bailey, Banks, Broderick, Byrnes, Campbell of Solano, Campbell of Siskiyou, Carpenter, Crandall, Dargie, De Long, Denison, Dray, Everett, Flint, Fraser, Goucher, Heacock, Maher, Mahoney, McComas, Preston, Ragsdale, Seawell, Simpson, Voorhies. Welch, Williams (Wm. H), and Williams (Geo. H.)-26. NOES-Messrs. Berry, Britt, Hamill, Harp, and Wilson-5. NOTICE OF RECONSIDERATION. Senator Goucher gave notice that at the next meeting he would move a reconsideration of the vote whereby the report was adopted. REPORTS OF STANDING COMMITTEES. ON JUDICIARY. The following reports were received from the above committee and read: To the honorable the Senate of the State of California: SACRAMENTO, January 15, 1891. Your Committee on Judiciary, to which was referred the following bills, respectfully report as follows: Senate Bill No. 10-Entitled "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"-report back said bill, and recommend that it be amended in the following particulars, to wit: First-Strike out of section one, line nine, the word "but," and all of lines ten and eleven. Second-Strike out all of section three. And that as so amended that said bill be passed. Also: Senate Bill No. 11-Entitled "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"-respectfully report back said bill and recommend its passage. Also: Senate Bill No. 13-Entitled "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"-respectfully report back said bill, and recommend that it be amended in the following particulars: First-Add after the word "person," in line six, section one, the following: "city, town, county, municipal corporations of this State." Second-Strike out all of section two and the note. And that said bill as so amended be passed. Also: Senate Bill No. 14-Entitled "An Act to amend section seventy-two of the Penal Code, relating to the fraudulent presentation of claims to public officers"-respectfully report back said bill, and recommend that it pass. Also: Senate Bill No. 18-Entitled "An Act to amend section one thousand one hundred and eighteen of the Penal Code, relating to the power of the Court when the evidence is insufficient to justify a conviction." Also: Senate Bill No. 25-Entitled "An Act to amend section one thousand two hundred and thirty-eight of the Penal Code, relating to cases wherein an appeal may be taken by the People." Respectfully report back said bills, and recommend that the following substitute therefor be adopted: 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. The People of the State of California, represented in Senate and Assembly, do enact as follows: SECTION 1. Section one thousand one hundred and eighteen of the Penal Code is hereby amended so as to read as follows: 1118. If, after the evidence on either side is closed, the Court finds it insufficient to warrant a conviction, it may dismiss the action, except in cases of libel. SEC. 2. Section one thousand two hundred and thirty-eight of the Penal Code is hereby amended so as to read as follows: 1238. An appeal may be taken by the people: 1. From a judgment for the defendant on a demurrer to the indictment or informa tion. 2. From an order granting a new trial. 3. From an order arresting judgment. 4. From an order made after judgment affecting the substantial rights of the people. 5. From an order dismissing a criminal action, indictment, or information. Also: Senate Bill No. 29-Entitled "An Act to amend section two hundred and twentyfour of an Act entitled 'An Act to establish a Civil Code,' approved March 21, 1872, in relation to the adoption of children "-respectfully report back said bill and recommend that it be amended in the following particulars: Strike out of line eight of section one, the words "except the Court;" and that as so amended that said bill be passed. Also: Senate Bill No. 207-Entitled "An Act to amend sections two hundred and forty-five, two hundred and forty-six, and two hundred and sixty-eight of the Political Code of the State of California, and to repeal sections two hundred and forty-eight and two hundred and forty-nine of said Code"-respectfully report the same back and recommend its passage. SPRAGUE, Chairman. SPECIAL ORDER. The hour calling for special order, namely, the consideration of Senate Bill No. 207, having arrived, Senator Heacock offered the following resolution: Resolved, That Senate Bill No. 207 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 bill shall be read on three several days in each House is hereby dispensed with, and it is ordered that said bill be read the second and third times, upon one day, and placed upon its passage. Roll called, and the resolution adopted, and rules thereby suspended by the following vote: AYES-Messrs. Bailey, Banks, Berry, Britt, Broderick, Byrnes, Campbell of Siskiyou, Carpenter, Crandall, Dargie, De Long, Denison, Dray, Everett, Flint, Fraser, Hamill, Harp, Heacock, Maher, Mahoney, McComas, McGowan, Preston, Ragsdale, Simpson, Sprague, Voorhies, Welch, Williams (Wm. H.), and Williams (Geo. H.)-31. NOES-Messrs. Goucher and Wilson-2. Senator Heacock moved that the rules be suspended so that the reading of the bill in full be dispensed with. Carried. SECOND READING OF BILL. Senate Bill No. 207-An Act to amend sections two hundred and forty-five, two hundred and forty-six, and two hundred and sixty-eight of the Political Code of the State of California, and to repeal sections two hundred and forty-eight and two hundred and forty-nine of said Code. Bill read second time. AMENDMENTS. Senator Britt moved to amend by striking out of section three, line ten, the word "four," and inserting in lieu thereof the word "five." Roll called, and amendment lost by the following vote: AYES-Messrs. Banks, Britt, Denison, Everett, Hamill, Maher, Simpson, and Welch-8. NOES-Messrs. Bailey, Berry, Broderick, Byrnes, Campbell of Siskiyou, Carpenter, Crandall, Dray, Flint, Fraser, Goucher, Harp, Heacock, McComas, McGowan, Mead, Ostrom, Preston, Ragsdale, Williams (Wm. H.), Williams (Geo. H.), and Wilson-22. Senator Goucher moved to amend by striking out of section three, line fourteen, the word "five," and inserting in lieu thereof the following: "three." The roll was called, and the amendment lost by the following vote: AYES-Messrs. Berry, Dray, Goucher, Hamill, Harp, Heacock, Mead, Ostrom, Seawell, and Wilson-10. NOES-Messrs. Bailey, Banks, Britt, Broderick, Byrnes, Campbell of Solano, Campbell of Siskiyou, Crandall, Dargie, De Long, Denison, Everett, Fraser, Maher, Mahoney, McComas, Preston, Ragsdale, Simpson, Sprague, Voorhies, Welch, Williams (Wm. H.), and Williams (Geo. H.)-24. Senator Ostrom moved to amend by striking out of section three, line fourteen, the word "five," and insert instead the following: "four." Lost. There being no objection, Senate Bill No. 207 was considered engrossed, and ordered to a third reading. THIRD READING OF BILL. Senate Bill No 207-An act to amend sections two hundred and forty-five, two hundred and forty-six, and two hundred and sixty-eight of the Political Code of the State of California, and to repeal sections two hundred and forty-eight and two hundred and forty-nine of said Code. Read the third time, and passed by the following vote: AYES-Messrs. Bailey, Banks, Britt, Broderick, Byrnes, Campbell of Solano, Campbell of Siskiyou, Carpenter, Crandall, Dargie, De Long, Denison, Dray, Everett, Flint, Fraser, Hamill, Heacock, Maher, Mahoney, McComas, Preston, Ragsdale, Simpson, Sprague, Voorhies, Welch, Williams (Wm. H.), and Williams (Geo. H.)-29. NOES--Messrs. Berry, Goucher, Harp, Mead, Ostrom, and Wilson-6. Title approved. MOTION. Senator Heacock moved that Senate Bill No. 207 be immediately transmitted to the Assembly. So ordered. RESOLUTION. By Senator Simpson: Resolved, That the State Printer be and is hereby instructed to print daily five hundred copies of the Senate Journal, instead of three hundred and sixty copies heretofore ordered. Adopted. INTRODUCTION OF BILLS. The following bills were introduced, read by title, and referred to committees, as follows: By Senator Hamill: Senate Bill No. 250-An Act making an appropriation to pay the claim of Wm. J. Hardy. Referred to Committee on Claims. Also: Senate Bill No. 251-An Act entitled "An Act to prohibit the publication in any newspaper, periodical, publication, or pamphlet of any list or partial list of numbers of tickets, checks, or coupons entitled to prizes resulting from the drawing of any lottery, or to publish any account of any person having drawn a prize in any lottery, and to provide a penalty for violating this Act." Referred to Committee on Education and Public Morals. By Senator Harp: Senate Bill No. 252-An Act for the relief of the heirs of Michael Curran, deceased. Referred to Committee on Judiciary. By Senator Crandall: Senate Bill No. 253-An Act to amend an Act entitled "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 six hundred and seventy-one (a). Referred to Committee on Judiciary. Also: Senate Bill No. 254—An Act to enfranchise the women citizens of the State, and prescribing their qualifications as electors. Referred to Committee on Elections. By Senator Denison: Senate Bill No. 255-An Act to amend section five hundred and ninety-eight of the Civil Code of the State of California, relating to benevolent and religious corporations. Referred to Committee on Corporations. By Senator Byrnes: Senate Bill No. 256-An Act to add a new section to an Act entitled "An Act to establish a Political Code of the State of California," to be called section two thousand nine hundred and eighty-four, relative to the appointment of a State Sanitary Inspector. Referred to Committee on State Hospitals. By Senator Mahoney: Constitutional Amendment No. 10--An Act to submit to the people of the State of California an amendment to section two, article four, of the Constitution of the State of California. Referred to Committee on Judiciary. By Senator Berry: Senate Bill No. 257-An Act to amend section two thousand six hundred and eighty-six of the Political Code of the State of California, in relation to the contents of the reports of viewers appointed for the purpose of viewing any highways proposed to be altered, laid out, constructed, discontinued, or abandoned. Referred to Committee on Roads and Highways. By Senator Bailey: Senate Bill No. 258-An Act prescribing the powers, duties, and rights of corporations, companies, associations, or persons furnishing water to any city and county, city, or town, or to the inhabitants thereof, and to regulate water rates. Referred to Committee on City, City and County, and Town Govern ments. By Senator Preston: Senate Bill No. 259-An Act to appropriate money for the completion and maintenance of the Preston School of Industry. Referred to Committee on Prisons and Prison Buildings. By Senator Welch: Senate Bill No. 260-An Act to amend section two thousand four hundred and sixty-seven of the Political Code, relating to charges for towage. Referred to Committee on Commerce and Navigation. By Senator Flint: Senate Bill No. 261-An Act regulating the sale of the lands uncovered by the recession of the waters of inland lakes. Referred to Committee on Public and Swamp and Overflowed Lands. Also: Senate Bill No. 262-An Act making an appropriation to pay the deficiency in the appropriation for the salary of the Executive Secretary to the Governor for the forty-first and forty-second fiscal years. Referred to Committee on Finance. By Senator Voorhies (by request): Senate Bill No. 263-An Act to provide for the painting of portraits of R. W. Waterman and H. H. Markham, and appropriating money therefor. Referred to Committee on Finance. By Senator Ragsdale: Senate Bill No. 264-An Act to amend an Act entitled "An Act to establish a Civil Code," approved March 21, 1872, by adding a new section to said Civil Code, to be known as section one thousand eight hundred and sixty-four and one half, to give a lien to the breeder of thoroughbred cattle, horses, and other domestic animals. Referred to Committee on Agriculture, Viniculture, and Viticulture. Also: Senate Bill No. 265-An Act to amend an Act entitled "An Act to establish a Civil Code," approved March 21, 1872, by adding a new section to said Civil Code, to be known as section four hundred and thirty-three, permitting the establishment of mutual insurance companies. Referred to Committee on Judiciary. By Senator De Long: Senate Bill No. 266-An Act making an appropriation for the support and maintenance of the State Mining Bureau for the forty-third and forty-fourth fiscal years. Referred to Committee on Finance. TO RECONSIDER. Senator Seawell having complained of voting spontaneously on motion previously lost, and without knowledge of what the subjectmatter was, asked that the vote be reconsidered, that he might have the opportunity of voting intelligently thereon. MOTION. Senator Preston moved that Senator Seawell be granted unanimous consent to change his (Seawell's) vote. Lost. |