Mr. PRESIDENT: I am directed to inform your honorable body that the Assembly, on this day, refused to concur in Senate substitute for Assembly Bill No. 733-An Act to fix the rate of taxation for State purposes. And indefinitely postponed Senate Bill No. 358-An Act for the relief of Will S. Green. CRAWFORD, Assistant Clerk. CONSIDERATION OF ASSEMBLY MESSAGE. Substitute for Assembly Bill No. 733, above reported, Assembly refuse to concur in Senate amendments to section one of said bill. Upon the question, "Will the Senate recede from its amendment?” the ayes and noes were demanded by Messrs. Hager, Larkin and Lewis, and the Senate so ordered, by the following vote: AYES-Messrs. Banvard, Beach, Chappell, Comte, Curtis, Farley, Fowler, Hager, Irwin, Larkin, Lawrence, Mandeville, Minis, Murch, O'Connor, Perkins, Wand and Wing-18. NOES-Messrs. Betge, Conly, Conn, Green, Hutchings, Kincaid, Lewis, Maclay, McDougall, Morrill, Orr, Pendegast, Roberts, Turner and Tweed -15. GENERAL FILE RESUMED. Senate Bill No. 664-An Act to establish a State Board of Immigra tion and to define their duties and powers. Passed on file. Assembly Bill No. 438-An Act to locate the county seat of the County of Stanislaus. Considered in Committee of the Whole and amended. IN SENATE. Amendments made in Committee of the Whole concurred in by the Senate. Bill read a third time and passed: Assembly Bill No. 500-An Act to authorize the construction of a swing and draw bridge across the San Antonio Creek, in the County of Alameda. Read third time and passed. Senate Bill No. 325-An Act to provide for the payment of certain witnesses in the case of the People of the State of California vs. Horace Smith. Passed on file. Assembly Bill No. 449-An Act amendatory of and supplementary to an Act concerning crimes and punishments, approved April sixteenth, éighteen hundred and fifty, and amended March twenty-eighth, eighteen hundred and sixty-eight. Considered in Committee of the Whole and amended. IN SENATE. Amendments made in Committee of the Whole concurred in by the Senate. Bill read a third time and passed; title amended and amendment adopted. Assembly Bill No. 427-An Act in relation to the school lands of the State. Read a third time and passed. Assembly Bill No. 693-An Act to amend an Act entitled an Act to regulate fees of office. Read a third time and passed. Assembly Bill No. 637-An Act to amend an Act entitled an Act to provide for the management and sale of the lands belonging to the State. Passed on file. Assembly Bill No. 340-An Act for the preservation of trout in the Counties of Santa Clara, San Mateo, Monterey, Alameda, Marin, Sonoma, Placer and Nevada. Passed on file. Assembly Concurrent Resolution No. 34-Concerning lands in the desert west of Fort Yuma. Indefinitely postponed. Assembly Bill No. 235-An Act to amend an Act entitled an Act concerning conveyances, passed April sixteenth, eighteen hundred and fifty-nine, and the Acts amendatory thereto, passed February fifteenth, eighteen hundred and sixty-four, approved April second, eighteen hundred and sixty-six. Indefinitely postponed. Assembly Bill No. 164-An Act to amend an Act entitled an Act to regulate the settlement of the estates of deceased persons, passed May first, eighteen hundred and fifty-one, and the various Acts amendatory thereof and supplementary thereto. Indefinitely postponed. Assembly Bill No. 12-An Act amendatory of and supplementary to an Act to regulate criminal cases, passed May first, eighteen hundred and fifty-one, and all Acts amendatory thereof. Indefinitely postponed. Assembly Bill No. 216-An Act more fully defining the crime of larceny. Indefinitely postponed. REPORT. Mr. Banvard made the following report: Mr. PRESIDENT: Your Committee of Conference, to whom was referred Assembly Bill No. 657, have had the same under consideration, and beg leave to report as follows: Amend by adding two thousand dollars for the Upper Sacramento Agricultural Society; and the Assembly is hereby respectfully asked to recede from their action in refusing to donate to the State Agricultural Society and District Fairs the sums allowed in the amendments, viz: Eight thousand dollars for the State Agricultural Society and two thousand dollars each to the District Fairs. The Assembly is also respectfully asked to recede from its action in rejecting the Senate amendment in relation to the contingent expenses of Justices of the Supreme Court. In relation to clerk hire in the Adjutant-General's office, the follow ing amendment is recommended, viz: Strike out "thirty-six hundred dollars" and insert "three thousand dollars." Also, the Assembly is respectfully asked to recede from its action in refusing to concur in the Senate amendment in relation to the salaries and commissions of Stamp Inspectors. The Assembly is also respectfully asked to recede from its action in adopting the Senate amendment in relation to the salary of the Lieutenant-Governor, as Warden of the State Prison. Also, to recede from its action in adopting Senate amendment in relation to payment of salary of Guardian of Yosemite Valley and Mariposa Big Tree Grove. E. M. BANVARD, Chairman. E. D. LEWELLING, Secretary. Adopted. GENERAL FILE RESUMED Assembly Bill No. 168-An Act to amend an Act entitled an Act to exempt the homestead and other property from forced sale in certain cases, approved April twenty-first, eighteen hundred and fifty-one. Indefinitely postponed. Assembly Bill No. 316-An Act supplementary to an Act entitled an Act concerning crimes and punishments, passed April sixteenth, eighteen hundred and fifty. Indefinitely postponed. Assembly Bill No. 41-An Act to create the office of Bank Commissioner and to prescribe his duties and powers. Passed on file. Assembly Bill No. 88-An Act to amend an Act to regulate proceedings in civil cases in Courts of justice of this State, approved April twenty-ninth, eighteen hundred and fifty-one. Indefinitely postponed. Assembly Bill No. 529-An Act to except aged and infirm persons from their liabilities for road poll tax. Passed on file. Assembly Bill No. 539-An Act to amend an Act entitled an Act to protect agriculture and to prevent the trespassing of animals on private property, approved March twenty-sixth, eighteen hundred and sixty seven. Passed on file. Assembly Bill No. 606-An Act in relation to sales and conveyances made by the Pacific Savings and Homestead Association. Read a third time and passed. Assembly Bill No. 707-An Act to amend an Act entitled an Act to provide for the appointment of a Reporter of the Supreme Court and define his duties and compensation, passed at the eighteenth session of the Legislature. Passed on file. Senate Bill No. 292-An Act in relation to the duties of dealers in second-hand merchandise. Substitute reported by Judiciary Committee adopted. Bill read a third time and passed. Senate Bill No. 80-An Act to develop home industries and encourage and promote iron mining and manufacturing in California. Indefinitely postponed. Senate Bill No. 374-An Act to amend section forty-six of the Civil Practice Act. Indefinitely postponed. Senate Bill No. 388-An Act creating the office of Commissioner of Assessments for the City and County of San Francisco. Indefinitely postponed. Senate Bill No. 197-An Act to appropriate money for the salary of the Assistant Adjutant-General of the State for the twentieth and twentyfirst fiscal years. Indefinitely postponed. Senate Bill No. 81-An Act to provide for the payment of certain services heretofore rendered the State. Withdrawn. Mr. Maclay moved to reconsider the vote by which Senate Bill No. 388 was indefinitely postponed. Upon which the ayes and noes were demanded by Messrs. Hager, Saunders and Roberts, and the Senate so ordered, by the following vote: AYES-Messrs. Banvard, Beach, Betge, Comte. Curtis, Fowler, Green, Kincaid, Lewis, Maclay, Mandeville, McDougall, O'Connor, Orr, Pendegast and Perkins-16. NOES-Messrs. Chappell, Conly, Hager, Irwin, Larkin, Minis, Murch, Pacheco, Roberts, Saunders, Tompkins, Turner, Tweed and Wand-14. Mr. Hager objected to the consideration of the bill. There being objections, the bill was passed on file. Senate Bill No. 425-An Act to provide five competitive scholarships for the benefit of meritorious young men desirous of entering the University Indefinitely postponed. Senate Bill No. 315-An Act to amend an Act entitled an Act defining the rights of husband and wife, passed April seventeenth, eighteen bundred and fifty. Passed on file. Senate Bill No 408-An Act making an appropriation for translating into Spanish the several State documents ordered during the present session of the Legislature. Passed on file [President pro tem. in the chair.] Senate Bill No. 414-An Act to appropriate money for the payment of certain unpaid interest coupons issued by authority of the Legislature of this State. Indefinitely postponed. Senate Bill No. 488—An Act to amend an Act entitled an Act to amend section eighty-two of an Act to provide revenue for the support of the Government of this State, approved May seventeenth, eighteen hundred and sixty-one. Rules suspended, bill considered engrossed, read a third time and passed. Senate Bill No. 371—An Act to amend an Act entitled an Act concerning crimes and punishments, passed April sixteenth, eighteen hundred and fifty. Rules suspended, bill considered engrossed, read a third time and passed. Senate Bill No. 343-An Act to provide for the recording of final decrees of partitions of real estate. Rules suspended, bill considered engrossed, read a third time and passed. [Mr. Farley in the chair.] At ten o'clock and twenty-five minutes P. M. Mr. Mandeville moved to adjourn. Upon which the ayes and noes were demanded by Messrs. Larkin, Kincaid and Mandeville, and the Senate refused, by the following vote: AYES-Messrs. Conn, Fowler, Larkin, Mandeville, Minis, O'Connor and Tompkins-7. NOES-Messrs. Banvard, Beach, Betge, Chappell, Comte, Conly, Curtis, Farley, Green, Hager, Hutchings, Irwin. Kincaid, Lawrence, Lewis, Maclay, McDougall, Morrill, Murch, Orr, Pacheco, Pendegast, Roberts, Turner, Tweed, Wand and Wing-27. Mr. Lawrence presented the following resolution: Resolved, That the vote by which the Senate, this day, refused to pass Assembly Bill No. 154-An Act to ratify and confirm certain ordinances, orders and resolutions of the Board of Supervisors of the City and County of San Francisco-be reconsidered, an erroneous count having been made by the admission of the votes of Senators who were not within the bar at the time the roll was called, and that the admission of such votes caused an erroneous result. The Chair decided the resolution out of order. Mr. Kincaid appealed from the decision of the Chair. Upon the question, "Shall the decision of the Chair stand as the judg ment of the Senate?" the ayes and noes were demanded by Messrs. Larkin, Kincaid and Roberts, and the Senate refused, by the following vote: AYES-Messrs. Bauvard, Conn, Fowler, Hager, Irwin, Larkin, Mandeville, Minis, O'Connor, Pacheco and Tompkins-11. NOES-Messrs. Betge, Chappell, Comte, Conly, Curtis, Green, Hutchings, Kincaid, Lawrence, Maclay, McDougall, Morrill, Murch, Orr. Roberts, Saunders, Turner, Wand and Wing-19. At eleven o'clock and ten minutes P. M. Mr. Fowler moved to adjourn. Upon which the ayes and noes were demanded by Messrs. Kincaid, Roberts and Betge, and the Senate refused, by the following vote: AYES-Messrs. Conn, Fowler, Larkin, Mandeville, Minis and Tompkins -6. NOES-Messrs. Banvard, Betge, Chappell, Comte, Conly, Curtis, Green, Hager, Hutchings, Irwin, Kincaid, Lawrence, Maclay, McDougall. Morrill, Murch, O'Connor, Orr, Pacheco, Roberts, Turner, Wand and Wing-23. Mr. Banvard moved to make the resolution introduced by Mr. Lawrence the special order for Monday next, at eleven and a half o'clock A. M. Upon which the ayes and noes were demanded by Messrs. Larkin, Chappell and Saunders, and the Senate refused, by the following vote: |