to employ a Secretary, approved April twenty-third, eighteen hundred and fifty-eight-and recommend the passage of the same. BANVARD, Chairman. Mr. Saunders, from the San Francisco delegation, made the following report: Mr. PRESIDENT: The San Francisco delegation, to whom was referred Assembly Bill No. 5-An Act for the relief of Patrick Campbell-having duly considered the same, report the same back to the Senate and recommend its passage. SAUNDERS, for Delegation. On motion, the bill above reported was ordered on file. MESSAGE FROM THE ASSEMBLY. The following message was received from the Assembly : Mr. PRESIDENT: I am directed to inform your honorable body that the Assembly, on this day, amended and passed Senate Bill No. 182-An Act to amend an Act entitled an Act to extend an Act entitled an Act to prevent stallions from running at large in the County of Sacramento. Also, passed Senate Bill No. 207-An Act for the payment of the salary of the County Judge of Tuolumne County. CRAWFORD, CONSIDERATION OF ASSEMBLY MESSAGE. Senate Bill No. 182, above reported, amendments of Assembly concurred in by the Senate. MESSAGE FROM THE ASSEMBLY. The following message was received from the Assembly: Mr. PRESIDENT: I am directed to inform your honorable body that the Assembly, on this day, concurred in Senate concurrent resolution, authorizing the special committee on the location of the State Normal School to make a joint report. MOFFITT, Assistant Clerk. INTRODUCTION OF BILLS. Bills were introduced as follows: By Mr. Saunders-An Act for the better punishment of repeated felonies and larcenies. Read first and second times and referred to the Judiciary Committee. Also, an Act supplementary to an Act concerning crimes and punishments, passed April sixteenth, eighteen hundred and fifty. Read first and second times and referred to the Judiciary Committee. By Mr. Hager-An Act to amend an Act entitled an Act concerning crimes and punishments, passed April sixteenth, eighteen hundred and fifty. Read first and second times and referred to the Judiciary Committee. By Mr. Tompkins-An Act to amend section forty-six of the Civil Practice Act. Read first and second times and referred to the Judiciary Committee. By Mr. Tweed-An Act entitled an Act to amend an Act entitled an Act to regulate proceedings in civil cases in the Courts of justice in this State, approved April twenty-ninth, eighteen hundred and fifty-one. Read first and second times and referred to the Judiciary Committee. Also, an Act to regulate the remedy upon contracts and policies of life insurance, and to define and limit the effect of clauses and conditions in restraint of trade therein inserted. Read first and second times and referred to the Judiciary Committee. By Mr. Tompkins-An Act to incorporate the Town of Alameda. Read first and second times and referred to the Committee on Corporations. Also, an Act to authorize the City Council of the City of Oakland to grant to the Oakland Railroad Company the right to lay down tracks and run horse cars thereon, in the City of Oakland. Read first and second times and referred to the Committee on Corporations. By Mr. Fowler-An Act to incorporate the City of Visalia, to create a Board of Education and provide means for the construction of school houses therein. Read first and second times and referred to the Committee on Corporations. By Mr. Hager-An Act to amend an Act entitled an Act to create and organize the University of California, approved March twenty-third, eighteen hundred and sixty-eight. Read first and second times and referred to the Committee on State University. By Mr. Lewis-An Act to amend an Act entitled an Act concerning the military of the State of California. Read first and second times and referred to the Committee on Military Affairs. By Mr. Fowler-An Act to authorize Ezekiel Brown and associates to construct a wharf at Lower Berkeley, in the County of Alameda, State of California. Read first and second times and referred to the Committee on Commerce and Navigation. By Mr. Comte: MOTIONS AND RESOLUTIONS. Resolved, That the Sergeant-at-Arms be and he is hereby directed to suspend the flag presented to the State of California by Joseph Neumann, Esq., on the columns of the Senate Chamber. Adopted. By Mr. Minis: Resolved, That the Committee on Swamp, Tide and Overflowed Lands be allowed a Clerk, at a per diem of five dollars, payable out of the Contingent Fund of the Senate. Referred to the Committee on Contingent Expenses. By Mr. Lewis: Resolved, That the Committee on State Prison be allowed a Clerk for one week, to be allowed eight dollars per day, payable out of the Contingent Fund of the Senate. Rules suspended and resolution adopted. Resolved by the Senate, the Assembly concurring, That our Senators in Congress be instructed, and our Representatives requested, to intercede with the Federal Government to procure the early establishment of a daily mail route from the City of San José, in the County of Santa Clara, via the Town of Santa Clara, to the Town of Saratoga, in said county; also, a weekly mail from Saratoga, via Maclay's Mills, Congress Springs Hotel, over and along the Saratoga and Pescadero Turnpike Road, to the Summit House, in Santa Cruz County, and the establishing Postoffices at Saratoga and Summit House. Resolved, That his Excellency the Governor be requested to forward a copy of the above resolution to each of our Senators and Representatives in Congress. Read and ordered on file. By Mr. Farley: Resolved by the Senate, the Assembly concurring, That the Senate and Assembly meet in joint convention, in the Assembly Chamber, on Friday, February eleventh, at twelve o'clock M., for the purpose of electing five Trustees for the Deaf and Dumb Asylum. Adopted. On motion of Mr. Wand, the usual number of copies of substitute for Senate Bill No. 10, reported from the Judiciary Committee, was ordered printed. Mr. Burnett moved to reconsider the vote by which the Senate on yesterday refused to order Senate Bill No. 101 engrossed. Upon the motion to reconsider, the ayes and noes were demanded by Messrs. Roberts, Conn and Maclay, and the motion prevailed, by the following vote: AYES-Messrs. Betge, Burnett, Comte, Curtis, Green, Hunter, Irwin, Kincaid, Lawrence, Maclay, McDougall, Orr, Perkins, Saunders, Tompkins, Turner, Wand and Wing-18. NOES-Messrs. Banvard, Chappell, Conly, Conn, Farley, Fowler, Hager, Larkin, Lewis, Minis, Murch, O'Connor, Pendegast, Roberts, Tweed and Wilson-16. GENERAL FILE. Senate Bill No. 198-An Act supplemental to an Act concerning crime and punishments, passed April sixteenth, eighteen hundred and fifty. Read a third time and passed. Senate Bill No. 235-An Act to amend an Act entitled an Act con cerning the Courts of justice of this State, approved April twentieth eighteen hundred and sixty-eight. Read a third time and passed. Assembly Bill No. 46-An Act to amend an Act entitled an Act t authorize Lyman Leslie, Paul K. Hubbs, and their associates and assigns to build and maintain a wharf in the City of Vallejo, in the County o Solano, approved March thirtieth, eighteen hundred and sixty-eight. Read a third time and passed. Assembly Bill No. 23-An Act to authorize Alexis Kustel and Osca Kustel, and their associates, to construct and maintain a chute and land ing at or near Fish Rock Landing, Mendocino County, and to charge and collect tolls for the use of the same. Amendments of committee adopted. Read a third time and passed, and amendment to title adopted. Assembly Bill No. 116-An Act for the relief of the indigent sick i Humboldt County. Amendment of committee adopted. Read a third time and passed. Assembly Bill No. 182-An Act to authorize the Controller of State t credit the Treasurer of Tuolumne County with certain State poll ta receipts. Read a third time and passed. Assembly Bill No. 111-An Act for the construction of a turnpik wagon road in Mendocino County. Amendment of committee adopted. Mr. Pendegast moved to amend section one by inserting the name o R. S. Carey. Adopted. The bill was read a third time and passed. Assembly Bill No. 40-An Act to confirm order number eight hundre and eighty-three of the Board of Supervisors of the City and County o San Francisco. Read a third time and passed. Assembly Concurrent Resolution No. 11-Relative to establishing mail route in Marin and Sonoma Counties. Read a third time and adopted. Senate Bill No. 145-An Act to authorize William Thompson and J M. Martin, their associates and assigns, to build and maintain a wharf i the City of Vallejo. Substitute reported by Committee on Commerce and Navigatio adopted. Mr. Comte moved to amend section two, by inserting " Provided, how ever, that nothing herein contained shall be construed to interfere wit vested rights." Adopted. The bill was then ordered engrossed. Senate Bill No. 90-An Act to authorize Edward Hackett, his ass ciates and assigns, to build and maintain a wharf on the Bay of Sa Francisco. Passed on file. Senate Bill No. 319-An Act to authorize parties herein named the right to construct and maintain a wharf in the County of Solano. Mr. Tweed moved to amend section one, by striking out "twentyfive" and insert in lieu thereof "twenty." Adopted. Mr. Minis moved to amend section two, by striking out "twenty-four" and insert in lieu thereof" eighteen." Adopted. Mr. Tweed moved to amend section two, by striking out "four" and insert in lieu thereof " two." Adopted. Mr. Tweed moved to amend section three, by striking out "twentyfive" and insert in lieu thereof "twenty." Adopted. Mr. Comte moved to amend, by inserting in section five, the following: Provided, that nothing in this Act contained shall be construed to interfere with vested rights." Adopted. Amendments of Committee of the Whole adopted and bill ordered engrossed. According to previous notice, Mr. Farley moved to reconsider the vote by which the Senate, on yesterday, ordered Senate Bill No. 63 engrossed. On motion of Mr. Farley, the motion to reconsider was made the special order for Thursday next, at one o'clock P. M. SPECIAL ORDER. Contested election case of P. W. Murphy against R. Pacheco. The hour of one o'clock having arrived, Senate took up the special order of the day. Mr. Pendegast moved that the contested election case of P. W. Murphy against R. Pacheco be made the special order for Monday evening next, at half-past seven o'clock. Upon the motion, the ayes and noes were demanded by Messrs. Green, Kincaid and Orr, and the Senate refused, by the following vote: AYES-Messrs. Banvard, Comte, Farley, Fowler, Hager, Hunter, Hutchings, Larkin, Lawrence, Lewis, Maclay and Pendegast-12. NOES-Messrs. Beach, Betge, Burnett, Chappell, Conly, Conn, Curtis, Green, Irwin, Kincaid, McDougall, Minis, Murch, O'Connor, Orr, Perkins, Roberts, Tompkins, Turner, Tweed, Wand, Wilson and Wing-23. On motion, the subject matter was made the special order for Tuesday evening next, at half past seven o'clock. GENERAL FILE RESUMED. Senate Bill No. 341-An Act supplemental to an Act to regulate the maintenance of the indigent sick in Yuba County, approved April eighteenth, eighteen hundred and sixty. Amendment of committee adopted and bill ordered engrossed. Senate Bill No. 263-An Act to confirm a certain ordinance and contract relating to lighting the streets of Oakland. Ordered engrossed. |