of the several counties of this state to grant the right to construct wharves on the overflowed and submerged lands of this state.

JOHN B. WELLER.

STATE OF CALIFORNIA, EXECUTIVE Department,
Sacramento, April 8, 1858.

To the Assembly of California:

I return, herewith, with my approval, an act to repeal in part, an act to amend an act entitled an act to anthorize the formation of corporations for the construction of plank and turnpike roads, passed May twelfth, one thousand eight hundred and fifty-three, approved April twenty-eighth, one thousand eight hundred and fifty-seven.

The act of March 20th, 1855, to create boards of supervisors in defining their duties, says: They shall have power to lay out, control, and manage public roads, turnpikes, ferries, and bridges, within the county, in all cases where the law does not prohibit such jurisdiction, and to make such orders as may be necessary and requisite to carrying its control and management into effect.

The act of May 12th, 1853, in regard to the formation of corporations to construct plank or turnpike roads, in section fifteen says: The company shall have power to locate its contemplated road in such manner and places as may be designated by its engineer and approved by the company following the general route and termini described in the original notice, etc.

Take the two acts together, I think no legislation was required to authorize an individual or company to build a bridge across a river, not navigable under the laws of this state. The act of 28th April, 1857, gives the power, however, in terms to companies, and the principal object of that act seems to have been to prescribe certain limitations and restrictions upon these corporations.

It declares that such company "shall only be allowed to put up and keep such toll-gates, demand, collect, and receive such tolls as may be fixed and prescribed by the board of supervisors of the county or counties through which such road or roads may pass." The rates are fixed from year to year. It also imposes a penalty on any company violating the law.

So far as this act places the general control of the companies in the hands of the representatives of the people, (the board of supervisors,) I regard it as a safe and wise one, and I have failed to find any satisfactory reason why the counties of Plumas, Sierra, Trinity, Siskiyou, Del Norte, Klamath, Butte, and Shasta, should be exempted from its operations. I cannot see how these restrictions upon corporations or companies are less necessary in the counties named, than in the other counties of the state. These associations are very apt to abuse their powers, and I do not consider it sound policy to remove any of the restrictions imposed upon them by existing laws.

As I am opposed to special legislation, exeept when clearly necessary, this bill is respectfully returned for such action as your honorable body may deem proper. JOHN B. WELLER.

The consideration of the preceding message was postponed until Tuesdy next, at one o'clock, P. M.

The following communication was received from the Comptroller rela

tive to the delinquent taxes due the state, which was referred to the Committee on Ways and Means, and ordered printed:

To the Honorable the Speaker of the Assembly:

SIR-In compliance with the following resolution:

Resolved, That the Comptroller of State be requested to report to the Assembly, as soon as practicable, the amount of delinquent taxes due this state:

I herewith submit to the honorable body over which you preside, the following

REPORT:

"A" is a tabular statement, so far as the imperfect returns made to this office show, of the amount of delinquent taxes due this state from the several counties named, from the organization of the state government up to date.

The time necessary to have prepared it, since the receipt of your resolution, would have been greater, had it not been for the fact that, more than one year since, I had prepared this table, with the exception of the year one thousand eight hundred and fifty-seven. Other matters, however, interposed, and prevented my making the use of it intended.

This table exhibits, more strikingly than any words that I can use, the necessity of amending the revenue laws in the matter of making reports to this office by county officials, as recommended in my last annual report. I think it more than probable that, in some instances, the returns from which this table is prepared contain the amount of delinquent taxes due the county, as well as the state.

The first of February last is the time fixed by law for the returns of one thousand eight hundred and fifty-seven to be made. All of which is respectfully submitted.

G. W. WHITMAN,

Comptroller of State.

The following messages were received from the Senate:

SENATE CHAMBER,

April 8, 1858. MR. SPEAKER:-The Senate, on yesterday, passed Assembly bill No. 373, an act to repeal in part an act entitled an act to fund the debt of Sierra county, and to provide for the payment of the same, approved March 29, 1856;

Also, Assembly bill No. 215, an act amendatory of and supplementary to an act entitled an act to reincorporate the city of San José, approved March 27, 1857;

Also, Assembly bill No. 233, an act to authorize the board of supervisors of San Joaquin county to levy a special tax for school purposes;

Also, Assembly bill No. 100, an act to amend an act entitled an act to amend an act entitled an act to fund the debt of the county of Napa, and provide for the payment of the same, approved February 13, 1857;

Also, Assembly bill No. 346, an act to audit and allow the claim of the Sacramento Gas Company;

Also, concurred in Assembly concurrent resolution relative to breakwater of San Luis Obispo;

Also, passed Senate bill No. 298, an act to audit and allow the claim of James D. Potter;

Also, Senate bill No. 293, an act for the relief of Hugh O'Donnell. JAS. T. EWING, Assistant Secretary Senate.

Senate bill No. 298, above reported, read first and second times, and ordered on file. Senate bill No. 293, also above reported, was read first and second times, and referred to the San Francisco delegation.

SENATE CHAMBER,

April 9, 1858.)

MR. SPEAKER :-The Senate, on yesterday, passed Senate bill No. 256, an act to fix the salary of the district attorney of the county of Santa Clara;

Also, Senate bill No. 216, an act to amend an act concerning courts of justice and judicial officers, passed May 19, 1853;

Also, Senate bill No. 246, an act supplementary and amendatory of an act entitled an act to provide for the incorporation of railroad companies, passed April 22, 1853, and to the several acts amendatory and supplementary thereto.

J. T. EWING, Assistant Secretary Senate.

Senate bill No. 216, above reported, was read first and second times, and referred to the Judiciary Committee.

Senate bill No. 246, also above reported, read first and second times, and referred to Committee on Corporations.

Senate bill No. 256, also above reported, read first and second times, and ordered on file.

SENATE CHAMBER,

April 9, 1858.

MR. SPEAKER: The Senate have, this day, passed Senate bill No. 301, a substitute for Assembly bill No. 44, an act to adjust the amount of in

debtedness of the county of Alameda to the county of Contra Costa, and provide for the payment thereof.

EWING, Ass't Sec. Senate.

Senate bill No. 301, above reported, read first and second times, rules suspended, read third time, and passed.

SENATE CHAMBER,

April 9, 1858.} MR. SPEAKER:-The Senate have, this day, adopted the report of the committee of free conference on Assembly bill No. 160, an act supplemental to an act to regulate rodeos, passed April 30, 1851.

J. T. EWING, Ass't Secretary Senate.

The House likewise adopted the report.

SENATE CHAMBER,

April 10, 1858.

MR. SPEAKER :-I am directed to inform the Assembly that the Senate has passed Senate bill No. 292, substitute for Assembly bill No. 175, an act amendatory of an act entitled an act to establish a standard of weights and measures, passed March 30, 1850, and to amend an act entitled an act to amend an act entitled an act to establish a standard of weights and measures, passed March 30, 1850, passed April 30, 1853.

THOS. N. CAZNEAU, Secretary of Senate.

Senate bill No. 292, above reported, read first and second times, rules suspended, read third time, and passed.

Assembly bill No. 364, an act for the better protection of laborers, mechanics, and other workmen, read third time, and passed.

Assembly bill No. 203, an act to ascertain the indebtedness of Nevada county to the county of Yuba, and to provide for the payment of the

same;

On the passage of the bill, Mr. Safford moved the previous question. Lost.

Messrs. Hill and Smith of Nevada, and De Long, demanded the ayes and noes, and the bill was passed, by the following vote:

AYES-Messrs. Anderson, Aud, Davis, De Long, Ferguson, Galbraith, Gordon, Graham, Hancock, Harris, Heath, Holladay, Holman, King, Lewis, Minis, Mitchell, O'Brien, Ormsby, Osgood, Palmer, Parker, Safford, Simons, Smith of San Bernardino, Spilman, Stakes, Stocker, Stout, Stratton, Thomas, Walker, Ward, Warmcastle, Willson, and Mr. Speaker-35. NOES-Messrs. Ballou, Caldwell, Hill of Nevada, Hill of Sierra, Palmer, Smith of Nevada, Warfield, and Young-8.

Mr. Warfield offered the following resolution, which was adopted:

Resolved, That the clerk of the Assembly be and is hereby allowed one more assistant clerk during the remainder of the session.

Mr. Safford made the following report:

MR. SPEAKER-Your Committee on Claims, to whom was referred the petition of G. Elliott Cook & Cofran, for brick used at state prison in