NOES Messrs. Banvard, Beach, Chappell, Conly, Conn, Curtis, Green, Hager, Irwin, Morrill, Murch, O'Connor, Orr, Pacheco, Perkins, Roberts, Tompkins, Turner, Tweed, Wilson and Wing-21.

On motion of Mr. Roberts, the resolution was ordered to be returned to the Assembly for the proper indorsements to be placed thereon by the proper officer.

Mr. Saunders verbally reported Senate Bill No. 210, with the recommendation that the same do pass.

REPORTS.

Mr. Saunders made the following reports:

Mr. PRESIDENT: The San Francisco delegation, to whom was referred Assembly Bill No. 71-An Act amendatory of and supplementary to an Act entitled an Act to establish a paid Fire Department for the City and County of San Francisco, approved March second, eighteen hundred and sixty-six-having had the same under consideration, respectfully report the same back, with the following amendments, to wit: 1st. Strike out, in section one, second page, commencing with the word “John,” in line number ten, down to and including the word "year," in line twelve, and insert in lieu thereof the following: "And two others, to be appointed by the Governor, within ten days after the passage of this Act, by and with the advice and consent of the Senate first had and obtained, one to hold for the term of two years from and after the first Monday of December, A. D. eighteen hundred and sixty-nine, and one for the term of one year from and after said day and year. The offices of Commissioners elected or appointed heretofore by the Board of Underwriters are hereby declared vacant." 2d. After the word "follows," of section three, on line three of said section, strike out lines four, five, six, seven, eight and nine of said section and insert the following: "Section 5. The Chief Engineer and the Assistant Engineers shall be appointed by said Board of Fire Commissioners each for the term of two years from and after this appointment, to be removable at the pleasure of said Board, and all subordinate officers and extra men shall be appointed by said Board and shall be removable at its pleasure."

SAUNDERS, for Delegation.

Mr. PRESIDENT: We, the undersigned, a majority of the Committee on Corporations, to whom was referred Senate Bill No. 243-An Act to empower the Counties of Stanislaus, Merced, Fresno, Tulare and Kern to aid in the construction of a railroad in said counties-have had the same under consideration and recommend its passage, with the following amendments: In fourth line of section two, strike out the word "ten and insert the word "twenty." In sixth line of section one, strike out the word "May" and insert the word "June."

JOHN H. SAUNDERS,
H. KINCAID,

J. N. CHAPPELL,
JAS. H. LAWRENCE.

Mr. PRESIDENT: We, the undersigned, a majority of the Committee on Corporations, to whom was referred Senate Bill No. 244-An Act to

empower the City and County of San Francisco and the Counties of Monterey and San Luis Obispo to aid in the construction of the Southern Pacific Railroad-have had the same under consideration and report for the original bill the accompanying substitute, and recommend its passage.

JOHN H. SAUNDERS,

H. KINCAID.

J. N. CHAPPELL,
JAS. H. LAWRENCE.

Mr. Larkin, from the Committee on Corporations, made the following minority report:

Mr. PRESIDENT: A minority of your Committee on Corporations, to whom was referred Senate Bills Nos. 243 and 244, have had the same under consideration and would recommend that they do not pass.

LARKIN.

INTRODUCTION OF BILLS.

Bills were introduced as follows:

By Mr. Green-An Act to fix the salaries of certain officers in the County of Contra Costa, and to define their duties.

Read first and second times and referred to the Judiciary Committee. By Mr. Perkins-An Act creating the office of District Collectors and Assessors in the County of Butte.

Read first and second times and referred to Committee on State and County Revenue.

By Mr. Hager-An Act to create a Board of Public Works in the City and County of San Francisco.

Read first and second times and referred to the San Francisco delega tion, and four hundred and eighty copies ordered printed.

By Mr. Maclay-An Act to authorize the construction of a railroad in the Town of Santa Clara and confirming an order of the Board of Trustees of said town in relation thereto.

Read first and second times and placed on file.

By Mr. Curtis-An Act for the relief of the Sacramento Protestant Orphan Association.

Read first and second times and referred to the Finance Committee. By Mr. Betge-An Act to provide for the improvement of a certain part of the City and County of San Francisco.

Read first and second times and referred to the Judiciary Committee, and ordered printed.

By Mr. Wand-An Act to ratify and confirm ordinances and resolutions of the Board of Supervisors of the City and County of San Francisco and proceedings had thereunder.

Read first and second times and referred to the San Francisco delega tion:

By Mr. Conly-An Act to regulate the practice of medicine in the State of California.

Read first and second times and referred to the Committee on Hospitals.

RESOLUTION.

By Mr. Lawrence-Concurrent resolution relative to construction of a ship canal across the Isthmus of Darien, or Panama.

The resolution was read, ordered printed and placed on file. [For resolution, see Appendix.]

SPECIAL ORDER.

Assembly Bill No. 95-An Act concerning the Insane Asylum.
Senate Bill No. 149-An Act concerning the Insane Asylum.

Mr. Mandeville moved to take up and consider Senate Bill No. 149An Act concerning the Insane Asylum.

Adopted

The bill was considered in Committee of the Whole and amended. The hour of one o'clock having arrived, the hour for the special order of contested election case of P. W Murphy against R. Pacheco, by unanimous consent the consideration of the same was temporarily suspended.

IN SENATE.

Amendments made to Senate Bill No. 149, in Committee of the Whole, adopted, and bill ordered engrossed.

Assembly Bill No. 95-An Act concerning the Insane Asylum.
Laid on the table.

Contested election case of P. W. Murphy against R. Pacheco.

P. W. Murphy, contestant in the above case, appeared on the floor of the Senate with his counsel, J. H. Hardy.

R. Pacheco, respondent in the case, also appeared on the floor of the Senate with his counsel, C. A Tuttle.

On motion of Mr. Hager, the respective counsel were allowed one Lour and a half each, in which to present their argument.

The case was opened by J. H. Hardy on the part of contestant, fol. lowed by C. A. Tuttle, on the part of respondent.

On motion of Mr. Larkin, the motion limiting counsel to one hour and a half in their argument, was rescinded.

On motion of Mr. Pendegast, at four o'clock and fifteen minutes P. M., the Senate took a recess until seven and a half o'clock this evening.

REASSEMBLED.

Senate reassembled at seven and a half o'clock P. M.

President pro tem. in the chair.

Roll called and quorum present.

REPORTS.

Mr. Morrill, from the Committee on Enrolment, made the following reports:

Mr. PRESIDENT: Your Committee on Enrolment respectfully report that they have examined and find correctly enrolled Senate Bill No. 168-An Act directing the Controller of State to draw a certain dupli

cate warrant.

Also, Senate Bill No. 231-An Act to amend an Act entitled an Act to create the Seventeenth Judicial District, approved March nineteenth, eighteen hundred and sixty-eight.

Also, Senate Bill No. 91-An Act ratifying and confirming action of Common Council of the City of Oakland for relief of John Scott.

Also, Senate Bill No. 135-An Act to authorize Morris Wolff, Lewis Jacobs and John Ruffin, and their assigns, owners of an artesian well in the Town of San Bernardino to lay down water pipes in the public streets of said town.

Also, Senate Bill No. 137-An Act to provide for levying a special tax to construct and furnish a public school house in Merced Falls School District, in Merced County.

Also, Senate Concurrent Resolution No. 27-Relative to mail route from San José to Saratoga, in Santa Clara County.

Also, Senate Bill No. 50-An Act to provide for the appointment of a Commissioner to visit the Eastern insane asylums, and define his powers and duties.

Also, Senate Bill No. 236-An Act to provide funds for the School Department of the City and County of San Francisco.

Also, substitute for Senate Bill No. 134-An Act to repeal an Act entitled an Act for the encouragement of agriculture and manufactures in California, approved April twenty-fifth, eighteen hundred and sixtytwo, and to repeal an Act for the encouragement of silk culture in this State, approved March thirtieth, eighteen hundred and sixty-eight. And this day, at twelve o'clock and fifty minutes P. M., presented the same to the Governor for his approval.

MORRILL, Chairman.

Mr. PRESIDENT: Your Committee on Enrolment respectfully report that they have examined and find correctly enrolled Senate Bill No. 295-An Act to aid the Mercantile Library Association of the City and County of San Francisco in paying its indebtedness.

Also, Senate Bill No. 250-An Act to authorize Eliza Madison Hartley, administratrix of the estate of Henry H. Hartley, deceased, to sell real property belonging to said estate.

And this day, at four o'clock and twenty minutes P. M., presented the same to the Governor for his approval.

MORRILL, Chairman.

IN THE MATTER OF THE CONTESTED ELECTION CASE OF MURPHY VS PACHECO,

The argument of counsel on the part of respondent was resumed, and concluded, and closed by J. H. Hardy, counsel for contestant.

Mr. Curtis moved to postpone the further consideration of special order until Monday next, at one o'clock P. M.

Lost.

Mr. Larkin moved that the resolution be made the special order for to-morrow, at half past eleven o'clock A. M.

Lost

Mr. Lewis moved that the resolution be made the special order for tomorrow, at quarter past eleven o'clock a. M.

Adopted.

On motion of Mr. Fowler, at ten o'clock and thirty-five minutes P. M., the Senate adjourned.

WILLIAM HOLDEN,
President of the Senate.

Attest: JOSEPH ROBERTS, Jr., Secretary of Senate.

Contested election case of P. W. Murphy vs. R. Pacheco.

Upon the adoption of the resolution reported by the majority of the Committee on Elections, the ayes and noes were demanded by Messrs. Lewis, Green and Mandeville, and the Senate refused, by the following

vote :

AYES-Messrs. Burnett, Comte, Farley, Fowler, Gwin, Hunter, Hutchings, Larkin, Lawrence, Maclay, Mandeville, McDougall, Minis, O'Connor. Pendegast and Wand-16

NOES-Messrs. Banvard, Beach, Chappell, Conly, Curtis, Green, Hager, Irwin, Kincaid, Lewis, Murch, Orr, Perkins, Roberts, Saunders, Tompkins, Turner, Tweed, Wilson and Wing-20.

Mr. Lewis gave notice that he would, on Monday next, move a reconsideration of the vote just taken, whereby said resolution was rejected by

the Senate.

Leave of absence was granted to Messrs. Morrill and Tompkins for two days, and to Messrs. Conn and Betge for one day.

REPORTS.

Mr. O'Connor, from the Committee on Engrossment made the following report:

Mr. PRESIDENT: The Committee on Engrossment have examined and find correctly engrossed Senate Bill No. 149-An Act concerning the Insane Asylum of the State of California.

O'CONNOR, Chairman.

Mr. Roberts presented a report from the Committee on Mines and Mining Interests.

Read and ordered printed.

[For report, see Appendix.]

Mr. Larkin, from the Committee on State and County Revenue, made the following report:

Mr. PRESIDENT: Your Committee on State and County Revenue, to whom was referred Senate Bill No. 420, have had the same under consideration and would report the same back and recommend its passage. LARKIN, Chairman.