Senate Bill No. 365-An Act making an appropriation to pay the claim of Henry Mahler, for services superintending the improvement of the grounds around the Marshall monument.

Senate Bill No. 455--An Act adding a new section to the Political Code of the State of California, to be known and designated as section five hundred and thirty-nine, relative to the engrossment and enrollment of bills and other documents, and repealing sections two hundred and forty-eight and two hundred and forty-nine of said Code.

Senate Bill No. 4-An Act to amend section twenty-six hundred and eighty-two of the Political Code of the State of California, in relation to the character of petitions to be presented for the purpose of altering, laying out, or constructing, or discontinuing, or abandoning of any public highway.

Senate Bill No. 391-An Act to provide for the payment of the Controller of State's warrants which have been lost or destroyed previous to payment by the State Treasurer. Senate Bill No. 3-An Act to amend section twenty-six hundred and eighty-eight of the Political Code of the State of California, concerning the hearing of the reports of viewers of public highways by Board of Supervisors, and the manner, time, and place of hearing such report, and the method of giving notice of such time and place to nonconsenting land owners, and concerning damages to be awarded on such hearing.

Senate Bill No. 554-An Act to amend an Act entitled "An Act to provide for work upon streets, lanes, alleys, courts, places, and sidewalks, and for the construction of sewers within municipalities," approved March 18, 1885, by adding thereto certain new and additional sections, to provide the mode of carrying into effect certain provisions of said Act relative to changing grades.

Senate Bill No. 124-An Act to amend section one hundred and three of the Code of Civil Procedure of the State of California, relating to Justice's Courts.

Senate Bill No. 678-An Act to establish a uniform system of county and township governments.

And have this day delivered the same to the Governor.

By Senator Voorhies:

RESOLUTION.

RAGSDALE, Chairman.

Resolved, That the thanks of the Senate be and are hereby extended to Senator Campbell of Solano, for his labor and patience in preparing the County Government Bill, and also for his untiring devotion and protection to it while in the hands of the Senate.

Adopted.

COMMUNICATION FROM THE ATTORNEY-GENERAL.

ATTORNEY-GENERAL'S OFFICE, STATE OF CALIFORNIA,
SACRAMENTO, March 25, 1891.

To the Senate of the State of California, Senate Chamber, Sacramento, California:
GENTLEMEN: I am in receipt of your communication of the twenty-fifth instant, mak-
ing inquiry as to whether or not the members of your honorable body are entitled to a
per diem for the number of days spent in voting for a United States Senator, in excess
of the sixty days of the session for which pay is allowed by section two of article four of
the Constitution of California.

In reply will say, that under the provisions of chapter one, title two, of the Revised Statutes of Congress, it is imperative upon the part of the Legislature of any State, in the case of a vacancy, as in the case cited by you, to remain in session from day to day until a United States Senator shall be elected to fill such vacancy, Such duty is imposed by Act of Congress, and not by the laws of the State of California.

It is claimed by some that the sixty days' pay mentioned in section two of article four of the Constitution only applies to State business, and that the Senate and Assembly should be entitled to compensation for the time imperatively and necessarily spent, under the laws of the United States, beyond the sixty days' session for which pay is

allowed.

I find several decisions holding that the Senate, sitting as a Court of impeachment, after the adjournment of the Legislature, may receive a per diem; but the Constitutions, statutes, and authorities necessary to be examined upon these questions are so numerous that I will be unable to give you an opinion upon the subject for several days. If you desire to receive compensation, it might be well to pass the resolution, and in the course of four or five days I will examine the question and write an opinion as to whether or not you are entitled to pay.

As a matter of equity, I consider that the members of the Legislature should have compensation for their time, over which they have no control, while engaged in electing a United States Senator; but as to whether or not you can obtain it, is a question of law I cannot settle at this time.

Yours respectfully,

Communication ordered printed in the Journal.

WM. H. H. HART,

Attorney-General.

REPORT OF STANDING COMMITTEE.

ON ENGROSSED AND ENROLLED BILLS.

SENATE CHAMBER, SACRAMENTO, March 25, 1891. MR. PRESIDENT: Your Committee on Engrossed and Enrolled Bills beg leave to report that the following Senate Bills have been correctly enrolled:

Senate Bill No. 697-An Act to authorize the use of the ballot paper now the property of the State.

Senate Bill No. 272-An Act fixing the rate of tare on baled hops.

Senate Bill No. 655-An Act to provide for the publication and distribution of a State Blue Book or Roster.

Senate Bill No. 666-An Act to amend section five of an Act entitled "An Act to provide for compiling, illustrating, electrotyping, printing, binding, copyrighting, and distributing a State series of school text-books, and appropriating money therefor," approved February 26, 1885.

Senate Bill No. 685-An Act authorizing the State Board of Examiners to sell old furniture and all material belonging to the State and not required for public use.

Senate Bill No. 55-An Act to appropriate money to pay the claim of Enoch N. Strout for services rendered as Reclamation Fund Commissioner, under "An Act to provide for the funding of the indebtedness of the reclamation and levee districts of the State," approved March 30, 1872.

Senate Bill No. 704-An Act appropriating money for the payment of the salary, from March 24, 1891, to July 1, 1891, of the Deputy Attorney-General.

Senate Bill No. 662-An Act making an appropriation to pay the deficiency in the appropriation for postage, expressage, and contingent expenses of the Attorney-General, for the forty-second fiscal year.

And have this day delivered the same to the Governor.

RAGSDALE, Chairman.

MOTION.

Senator Seawell moved that the Senate now consider the resolution relative to the per diem of Senators.

So ordered.

The roll was called, and the resolution adopted by the following vote:

AYES-Messrs. Banks, Britt, Broderick, Byrnes, Campbell of Solano, Campbell of Siskiyou, De Long, Everett, Fraser, Goucher, Heacock, Maher, McComas, Mead, Ostrom, Preston, Seawell, Simpson, Sprague, Streeter, Welch, Williams (Wm. H.), Williams (Geo. H.), and Wilson-25.

NOES--Messrs. Bailey, Berry, Carpenter, Denison, Flint, Harp, Mahoney, McGowan, Ragsdale, Shippee, and Voorhies-11.

Senator Dray excused from voting.

Senator Voorhies moved a call of the Senate.

So ordered.

The roll was called, and the following Senators answered to their

names:

Messrs. Bailey, Banks, Berry, Britt, Broderick, Byrnes, Campbell of Siskiyou, Carpenter, 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."

Senators Sprague and Campbell of Solano were brought before the bar of the Senate and excused.

On motion of Senator Voorhies, further proceedings under the call of the Senate were dispensed with.

RECESS.

On motion of Senator Hamill, the Senate, at nine o'clock and fifty-five minutes P. M., took a recess until ten o'clock and thirty minutes P. M.

REASSEMBLED.

At ten o'clock and thirty minutes P. M. the Senate was called to order. Hon. J. B. Reddick, President of the Senate, in the chair.

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, Sprague, Streeter, Voorhies, Welch, Williams (Wm. H.), Williams (Géo. H.), and Wilson.

MESSAGE FROM THE ASSEMBLY.

ASSEMBLY CHAMBER, SACRAMENTO, March 25, 1891. MR. PRESIDENT: I am directed to inform your honorable body that the Assembly, on the twenty-fifth day of March, passed, as amended, Senate Bill No. 330-An Act to amend sections one, nine, and seventeen of "An Act to provide for the erection and management of a State Hospital for the Insane, to be located in Southern California,” approved March 11, 1889.

H. A. MASON, Chief Clerk.

By F. W. WHITMORE, Assistant Clerk.

Assembly amendment to Senate Bill No. 330:

Amend section three so as to read "Section nine of 'An Act to provide for the erection and management of a State Hospital for the Insane,' approved March 11, 1889, is hereby amended to read as follows (provided, that this Act shall not be held to appropriate any money)."

The roll was called, and the amendment concurred in by the following vote:

AYES-Messrs. Bailey, Banks, Britt, Broderick, Campbell of Solano, Carpenter, Crandall, De Long, Denison, Dray, Everett, Flint, Goucher, Hamill, Harp, Heacock, Maher, Mahoney, McComas, McGowan, Mead, Ostrom, Ragsdale, Seawell, Shippee, Simpson, Streeter, Welch, and Williams (Wm. H.)-29. NOES-None.

MESSAGE FROM THE ASSEMBLY.

ASSEMBLY CHAMBER, SACRAMENTO, March 25, 1891. MR. PRESIDENT: I am directed to inform your honorable body that the Assembly, on this day, passed Senate Bill No. 295-An Act to provide for the purchase of a portrait of ex-Governor Waterman by the State Board of Examiners, and to appropriate money therefor.

H. A. MASON, Chief Clerk.

By Mr. Carpenter:

RESOLUTION.

Resolved by the Senate of the State of California, That the President of the Senate appoint a committee of three to examine and report to the Senate, at the next session of the Legislature, the number and condition of the persons receiving aid from the State, as aged persons in indigent circumstances, orphans, half orphans, abandoned children, foundlings, veterans, army nurses, and soldiers' widows, and, in their judgment, to examine into other institutions receiving aid from the State, and that the said committee be authorized to send for persons and papers and examine witnesses; provided, that no charge shall be made against the State for any services performed under this resolution, except their actual expenses.

Senator Mead moved a call of the Senate.

So ordered.

The roll was called, and the following Senators answered to their

names:

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

Senator Carpenter moved that further proceedings under the call be dispensed with.

Carried.

The roll was called, and the resolution lost by the following vote:

AYES-Messrs. Bailey, Banks, Campbell of Siskiyou, Carpenter, Crandall, De Long, Denison, Dray, Goucher, Heacock, McComas, Ostrom, Ragsdale, Seawell, Shippee, Simpson, and Streeter-17.

NOES-Messrs. Britt, Broderick, Campbell of Solano, Everett, Hamill, Harp, Maher, Mahoney, McGowan, Mead, Welch, Williams (Wm. H.), and Williams (Geo. H.)—14.

APPROVAL OF JOURNALS.

Senator Heacock moved that the Journals of the twenty-third and twenty-fourth be approved.

Resolved by the Senate, the Assembly concurring, That a committee of three be appointed by the Senate to act with a like committee from the Assembly to wait upon the Governor and ask if there be any message which the Executive desires to communicate to the Legislature prior to its adjournment sine die.

Adopted.

The Chair appointed Senators De Long, Heacock, and Mead.

MESSAGE FROM THE ASSEMBLY.

ASSEMBLY CHAMBER, SACRAMENTO, March 25, 1891. MR. PRESIDENT: I am directed to inform your honorable body that the Assembly, on this day, concurred in Senate concurrent resolution relative to appointment of a committee of three to wait upon the Governor, and appointed on said committee Messrs. Phillips, Baughman, and Shanahan.

H. A. MASON, Chief Clerk.
By F. W. WHITMORE, Assistant Clerk.

FINAL REPORT OF COMMITTEE ON ENGROSSED AND ENROLLED BILLS.

SENATE CHAMBER, SACRAMENTO, March 25, 1891.

MR. PRESIDENT: Your Committee on Enrolled and Engrossed Bills beg leave to report that the following Senate Bills have been correctly enrolled:

Senate Bill No. 125-An Act to amend section three thousand nine hundred and twentysix of the Political Code, relating to the boundary of Sutter County.

Senate Bill No. 471-An Act expressing assent of the State of California to the Act of Congress approved August 30, 1890, entitled “An Act to apply a portion of the proceeds of the public lands to the more complete endowment and support of the colleges for the benefit of agriculture and the mechanic arts, established under the provisions of an Act of Congress, approved July 2, 1862," and to the purposes of the grants of moneys authorizd thereby, and to all the provisions thereof.

Senate Bill No. 170-An Act making an appropriation to pay the claims of Charles F. Reed, C. E. Grunsky, and J. J. Crawford, for expenses incurred as members of the Examining Commission on Rivers and Harbors, approved March 19, 1889.

Senate Bill No. 644-An Act authorizing the Attorney-General to settle and dismiss a certain action entitled "The People of the State of California, ex rel. John P. Dunn, State Controller, plaintiff, vs. Frank W. Gross, John Martin, and John Landers, defendants," wherein judgment was obtained against defendants in the Superior Court of the City and County of San Francisco, on the thirteenth day of December, 1889, which action is numbered twelve thousand nine hundred and two in said Court (now on appeal to the Supreme Court), upon payment to him for the use of the State of such moneys as he may deem advisable to accept.

Senate Bill No. 341-An Act to amend section three of "An Act to regulate contracts on behalf of the State, in relation to erections and buildings," approved March 23, 1876. Senate Bill No. 329--An Act to amend an Act entitled "An Act to create a Police Relief, Health, Life Insurance, and Pension Fund in the several counties, cities and counties, cities, and towns of the State," approved March 4, 1889.

Senate Bill No. 610-An Act to amend an Act entitled "An Act amendatory of and supplemental to an Act entitled 'An Act to provide for the organization and government of irrigation districts, and to provide for the acquisition of water and other property, and for the distribution of water thereby for irrigation purposes,' approved March 7, 1887, providing for the exclusion of certain lands within any such districts," by amending sections three, eight, and thirteen thereof.

Senate Bill No. 567-An Act to amend section three hundred and nine of an Act entitled "An Act to establish a Civil Code," approved March 21, 1872, relating to declaring dividends by Directors of corporations, and repealing section three hundred and nine of said Code.

Senate Bill No. 583-An Act to amend section two of an Act entitled "An Act to advance learning, the arts and sciences, and to promote the public welfare, by providing for the conveyance, holding, and protection of property, and the creation of trusts for the founding, endowment, erection, and maintenance, within this State, of universities, colleges, schools, seminaries of learning, mechanical institutes, museums, and galleries of art," approved March 9, 1885. Amended so as to read as follows.

Senate Bill No. 330-An Act to amend sections one, nine, and seventeen of "An Act to provide for the erection and management of a State Hospital for the Insane, to be located in Southern California," approved March 11, 1889.

Senate Bill No. 295-An Act to provide for the purchase of a portrait of ex-Governor Waterman by the State Board of Examiners, and to appropriate money therefor. And have this day delivered the same to the Governor.

By Senator Fraser:

RESOLUTION.

RAGSDALE, Chairman.

Resolved, That a committee of three be appointed to inform the Assembly that the Senate is now ready to adjourn.

Adopted.

Chair appointed Senators Fraser, Ragsdale, and Britt.

VOTE OF THANKS.

On motion of Senator Heacock, a unanimous vote of thanks was tendered the President of the Senate, Hon. J. B. Reddick, for the efficient and impartial manner in which he presided.

A similar vote of thanks was given to Hon. Thomas Fraser, President pro tem. of the Senate.

The Secretary and Minute Clerk were complimented on their efficient and faithful discharge of their duties, and all officers, employés, clerks, etc., of the Senate, received a vote of thanks for the faithful discharge of their duties.

REPORTS OF COMMITTEES.

The committee appointed to wait upon the Governor appeared before the Senate and reported that they had waited upon his Excellency and discharged its duty, and that he had answered that he had no further official communication to make to this body.

The committee appointed to wait upon the House reported that they had discharged their duty, and that the House would communicate to the Senate through a committee.

MESSAGE FROM THE ASSEMBLY.

The Assembly, by a committee of three, reported that the Assembly had no further communication to make, and that the Assembly was ready to adjourn.