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Land Office; also, Senate Bill No. 514-An Act for the relief of J. Scott Ashman, formerly Sheriff of Fresno County-and report them back to the Senate, and respectfully recommend their passage.

CURTIS, Chairman.

Mr. Curtis, for the Sacramento delegation, made the following report:

Mr. PRESIDENT: The Sacramento delegation, to whom was referred Senate Bill No 140-An Act granting to certain parties the right to lay down, maintain and operate street railways in the City of Sacramento; also, Senate Bill No. 366-An Act granting to certain persons therein named the right to lay a railroad track along certain streets in the City of Sacramento; also, Assembly Bill No. 429-An Act granting a street railroad franchise in the City and County of Sacramento-report the same back without recommendation.

CURTIS,
COMTE,

Delegation.

Mr. Orr, for the San Joaquin delegation, made the following report:

Mr. PRESIDENT: The San Joaquin delegation, to whom was referred Assembly Bill No. 371-An Act concerning Notaries Public in the County of San Joaquin-report the same back and recommend its passage. ORR, for Delegation.

Rules suspended and bill above reported read a third time and passed. Mr. Maclay verbally reported Assembly Concurrent Resolution No. 42, and recommended its passage.

The rules were suspended, and the resolution above reported read a third time and passed.

Mr. Saunders, for the San Francisco delegation, made the following report:

Mr. PRESIDENT: The San Francisco delegation, to whom was referred Senate Bill No. 415-An Act supplementary to an Act entitled an Act to establish a quarantine for the bay and harbor of San Francisco and sanitary regulations for the City and County of San Francisco, approved April second, eighteen hundred and sixty-six-having had the same under consideration, report the same back to the Senate, with the following amendments: Amend the title, by inserting after the first word "Act," in line one, page one, the words " amendatory of and." Strike out the whole of section one, and insert in lieu thereof the following: "Section 1. Section four of said Act is hereby amended so as to read as follows: Sec. 4. There shall be a Board of Health in and for said city and county, consisting of the Mayor, the Coroner, the Quarantine. Officer and four (4) licensed physicians, residents of the City and County of San Francisco, to be appointed by the Governor. The Health Officer shall be appointed by the Board of Health, and shall hold office during the pleasure of said Board." Strike out the word "two," in line four, of section three, page two, and insert instead, thereof the word 'four." Strike out all of section six, after the word "laws," in line ten of said section, page three. After the word "same," in line seventeen, of section eight, page four, insert: "Sec. 9. The Board of Health

shall have power to appoint all persons employed in and about the Hospital, Almshouse and other sanitary institutions of the said City and County of San Francisco, and all medical officers in other public institutions of said city and county." Strike out the figure"9," of section nine, and insert instead thereof the figures "10," and strike out the figures "10," in section ten, and insert instead thereof the figures "11;" and as amended recommend its passage.

SAUNDERS, for Delegation.

MESSAGE FROM THE GOVERNOR.

The following message was received from the Governor :

STATE OF CALIFORNIA, EXECUTIVE DEPARTMENT,
Sacramento, March 7th, 1870.

To the Senate of the State of California:

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I have to inform your honorable body that I have approved substitute for Senate Bill No. 272-An Act to regulate fees and salaries of officers and defining their duties, in the County of El Dorado, and other matters relating thereto.

H. H. HAIGHT,

Governor.

The Secretary of the Senate made a report of the names of officers and attachés of the Senate, and committee clerks, as per resolution heretofore adopted.

The report was read and referred to the Committee on Contingent Expenses.

CONSIDERATION OF ASSEMBLY MESSAGE.

Assembly Concurrent Resolution No. 15, reported on yesterday, was read and referred to the Joint Committee on Printing

Assembly Concurrent Resolution No. 44, reported on yesterday, read and referred to the Joint Committee on Printing.

The rules were suspended, and Mr. Irwin had leave to introduce the following resolution :

Resolved, That the Special Committee on Fees and Salaries be and the same is hereby discharged.

Adopted.

INTRODUCTION OF BILLS.

Bills were introduced as follows:

By Mr. Roberts-An Act authorizing the sale of certain legal tender

notes.

Read first and second times, rules suspended, bill considered engrossed, read a third time and passed.

By Mr. Irwin-An Act to provide for refunding to Joseph R. Patterson certain moneys paid by him into the Swamp Land Fund, together with interest on the same.

Read first and second times and referred to the Committee on Claims. By Mr. Betge-An Act concerning the salaries of certain officers therein named.

Read first and second times and referred to the San Francisco delegation.

By Mr. Kincaid-An Act authorizing the Board of Supervisors of San Mateo County to allow and the Treasurer to pay a certain claim of Charles Carvalho, for interpreting.

Read first and second times, rules suspended, bill considered engrossed, read a third time and passed.

By Mr. Minis-An Act to appropriate funds for the relief of the several orphan asylums of this State

Read first and second times and referred to the Finance Committee. By Mr. McDougall-An Act to empower the County of Monterey to aid in the construction of the Monterey and Salinas Valley Railroad. Read first and second times and referred to the Committee on Corporations.

By Mr. Hager-An Act relating to the Home of the Inebriate of San Francisco and to prescribe the powers and duties of the Board of Managers and the officers thereof.

Read first and second times and referred to the Committee on Public Morals.

On motion of Mr. Betge, the usual number of Senate Bill No. 534 was ordered printed.

Mr. Banvard had leave to withdraw substitute for Senate Bill No. 59. Mr. Maclay had leave to make the following report:

Mr. PRESIDENT: Your Committee on Education, to whom was referred Senate Bill No. 530-An Act to amend an Act entitled an Act to reorganize and provide for the institution for the education and care of the Deaf and Dumb and Blind in the State of California, approved March thirty-first, eighteen hundred and sixty-six-bave bad the same under consideration, and recommend its passage.

[President pro tem. in the chair.]

GENERAL FILE.

MACLAY, Chairman.

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.

Considered in Committee of the Whole and amended.

[President in the chair.]

IN SENATE.

Amendments made in Committee of the Whole concurred in by the

Senate.

Mr. Fowler moved to amend by striking out "Tulare, Fresno and Kern" wherever the same appears in the bill.

Upon the adoption of the amendment, the ayes and noes were demanded by Messrs. O'Connor, Fowler and Lewis, and the Senate refused, by the following vote:

AYES-Messrs. Farley, Fowler, Hunter, Larkin, Lewis, Mandeville, McDougall, Minis, O'Connor, Pendegast and Perkins-11.

NOES-Messrs. Burnett, Chappell, Comte, Curtis, Green, Gwin, Hutchings, Irwin, Kincaid, Lawrence, Maclay, Morrill, Murch, Orr, Pacheco, Roberts, Saunders, Tompkins, Wilson and Wing-20.

[Mr. Mandeville in the chair.]

Mr. Fowler moved to amend by striking out "Kern County" wherever the same appears in the bill.

Upon the adoption of the amendment, the ayes and noes were demanded by Messrs. Fowler, Lewis and Larkin.

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

REASSEMBLED.

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

President pro tem in the chair.

Roll called.

Quorum present.

The ayes and noes having been demanded upon the adoption of the amendment to strike out Kern County from the bill.

The roll was called, and the Senate refused, by the following vote:

AYES-Messrs. Farley, Fowler, Lewis, Minis, O'Connor, Perkins and Tweed-7.

NOES-Messrs. Banvard, Betge, Burnett, Chappell, Conly, Curtis, Green, Hutchings, Irwin, Lawrence, Maclay, Murch, Orr, Tompkins, Turner, Wilson and Wing-17.

Mr. Lawrence moved to suspend the rules and consider the bill engrossed, and place it on its final passage.

Mr. Minis moved a call of the Senate.

Lost.

REPORT.

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

Mr. PRESIDENT: The Committee on Engrossment have examined and find correctly engrossed substitute for Senate Bill No. 244-An Act to empower the City and County of San Francisco and Counties of Monterey and San Luis Obispo to aid in the construction of the Southern Pacific Railroad and other purposes.

O'CONNOR, Chairman.

Mr. O Connor offered the following amendment: Amend, by striking out the first Tuesday of June next," and insert "the first Tuesday of May next," in section one, as now amended.

Mr. Murch raised the point of order, that the amendment could not be entertained until the question to suspend the rules was decided.

The President pro tem. decided the point of order to be not well taken.

Mr. Murch appealed from the decision of the chair.

Upon the question, "Shall the decision of the chair stand as the judgment of the Senate?" the ayes and noes were demanded by Messrs. Fowler, O'Connor and Murch, and the Senate refused, by the following

vote:

60s

AYES-Messrs. Burnett, Comte, Conn, Farley, Fowler, Hunter, Irwin, Larkin, Mandeville, Minis, O'Connor and Turner-12

NOES-Messrs. Banvard, Beach, Betge, Chappell, Conly, Curtis, Green, Gwin, Hutchings, Lawrence, Maclay, Murch, Orr, Roberts, Saunders, Tompkins, Wilson and Wing-18.

The President pro tem. decided that all motions made relative to the bill and other matter, since the reassembling of the Senate, to be out of order, as there was a special order for this evening, at seven and a half o'clock.

On motion of Mr. Betge, the special order for the evening, at seven and a half o'clock, was temporarily discharged, for the consideration of Senate Bill No. 243.

[President in the chair.]

Mr. Lawrence had leave to withdraw his motion to suspend the rules and consider the bill engrossed.

66

Mr. O'Connor again offered the following amendment: Amend, by striking out the first Tuesday of June next," and insert "the first Tuesday of May next," in section one, as now amended.

Mr. Tompkins raised the point of order, that the amendment was out of order, as the Senate, acting as in Committee of the Whole, amended the bill by striking out "May" and inserting June," and that the amendment of the committee was concurred in by the Senate.

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The President decided the point of order to be well taken.

Mr. Mandeville moved to reconsider the vote by which the Senate concurred in amendments made in Committee of the Whole.

Lost.

Mr. O'Connor offered the following amendment: Amend, by adding the following to the end of the first section: Provided, that no person shall be entitled to vote at the elections provided for in this Act who shall not be a qualified voter of the county in which he shall propose to vote at the time this Act shall be approved."

Upon the adoption of the amendment, the ayes and noes were demanded by Messrs. O'Connor, Fowler and Larkin, and the Senate refused, by the following vote:

AYES-Messrs. Farley, Fowler, Hunter, Irwin, Larkin, Lewis, Mandeville, Minis, O'Connor, Pendegast, Perkins and Turner-12.

NOES-Messrs. Banvard, Beach, Burnett, Chappell, Comte, Conly, Conn, Curtis, Green, Gwin, Hutchings, Kincaid, Lawrence, Maclay, Morrill, Murch, Orr, Pacheco, Roberts, Saunders, Tompkins, Wand, Wilson and Wing-24.

On motion of Mr. Pendegast, the rules were suspended, bill considered engrossed and read a third time.

Upon the passage of the bill, the ayes and noes were demanded by Messrs. Pendegast, Lewis and Fowler, and the bill was passed, by the following vote:

AYES-Messrs. Banvard, Beach, Betge, Burnett, Chappell, Comte, Conly, Conn, Curtis, Green, Gwin, Hutchings, Irwin, Kincaid, Lawrence. Maclay, Morrill, Murch, Orr, Pacheco, Roberts, Saunders, Tompkins, Turner, Wand, Wilson and Wing-27.

NOES-Messrs. Farley, Fowler, Hager, Hunter, Larkin, Lewis, Mandeville, Minis, O'Connor, Pendegast and Perkins--11.

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