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Referred to the Committee on Federal Relations.

Mr. Pendegast offered a resolution providing for the appointment of Mr. Gibbons to Committee on Commerce and Navigation.

Laid over one day.

Mr. Beck presented a memorial from the President and Secretary of the Santa Cruz Railroad, which was referred to the Committee on Corporations.

GENERAL FILE.

Senate Bill No. 40-An Act to amend an Act entitled an Act to reincorporate the City of Petaluma, approved March twenty-seventh, eighteen hundred and sixty-eight.

Ordered engrossed.

Mr. McMurry submitted a report, as follows:

MR. PRESIDENT: Your Committee on Enrollment respectfully report that they have examined and find correctly enrolled Senate Bill Number Fifteen (15), entitled an Act to amend section seventy of the Code of Civil Procedure, and have presented the same to his Excellency the Governor this day, at eleven o'clock and twenty minutes A. M., for his approval.

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MCMURRY,

Chairman of Committee.

UNITED STATES SENATOR.

At eleven o'clock and thirty minutes A. M., Mr. Pendegast moved that the Senate take a recess until one o'clock P. M., at which hour the Senate should proceed to ballot for candidate for United States Senator. Carried.

Whereupon the Senate took a recess to that hour.

REASSEMBLED.

Senate reassembled at one o'clock P. M.

President in the chair.

Roll called and a quorum present.

BALLOTING FOR UNITED STATES SENATOR.

Mr. Pendegast offered the following resolution:

Resolved, That the Senate do now proceed to ballot for candidates for the office of United States Senator, for the term of six years, beginning March fourth, A. D. eighteen hundred and seventy-five.

Adopted.

The President directed the Secretary to read the Act of Congress, as follows:

CHAPTER CCXIV.-An Act to regulate the time and manner of holding elections for Senators in Congress.

[Approved July 25, 1866.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Legislature of each State which shall be chosen next preceding the expiration of the time for which any Senator was elected to represent said State in Congress shall, on the second Tuesday after the meeting and organization thereof, proceed to elect a Senator in Congress in the place of such Senator so going out of office, in the following manner: Each House shall openly, by a viva voce vote of each member present, name one person for Senator in Congress from said State, and the name of the person so voted for who shall have a majority of the whole number of votes cast in each House shall be entered on the Journal of each House by the Clerk or Secretary thereof; but if either House shall fail to give such majority to any person ou said day, that fact shall be entered on the Journal. At twelve o'clock, meridian, of the day following that on which proceedings are required to take place as aforesaid, the members of the two Houses shall convene in Joint Assembly, and the Journal of each House shall then be read, and if the same person shall have received a majority of all the votes in each House, such person shall be declared duly elected Senator to represent said State in the Congress of the United States; but if the same person shall not have received a majority of the votes in each House, or if either House shall have failed to take proceedings as required by this Act, the Joint Assembly shall then proceed to choose by a vive voce vote of each member present a person for the purpose aforesaid. And the person having a majority of all the votes of the said Joint Assembly, a majority of all the members elected to both Houses being present and voting, shall be declared duly elected; and in case no person shall receive such majority on the first day, the Joint Assembly shall meet at twelve o'clock, meridian, of each succeeding day during the session of the Legislature and take at least one vote, until a Senator shall be elected,

SEC. 2. And be it further enacted, That whenever on the meeting of the Legislature of any State a vacancy shall exist in the representation of such State in the Senate of the United States, said Legislature shall proceed, on the second Tuesday after the commencement and organization of its session, to elect a person to fill such vacancy, in the manner herein before provided for the election of a Senator for a full term; and if a vacancy shall happen during the session of the Legislature, then on the second Tuesday after the Legislature shall have been organized and shall have notice of such vacancy.

SEC. 3. And be it further enacted, That it shall be the duty of the Governor of the State from which any Senator shall have been chosen as aforesaid, to certify his election, under the seal of the State, to the President of the Senate of the United States, which certificate shall be countersigned by the Secretary of the State.

The President declared nominations to be in order for United States Senator in Congress for the term of six years, from March fourth, eighteen hundred and seventy-five.

Mr. Edgerton nominated Newton Booth.

Mr. Pendegast nominated James T. Farley.

Mr. Oulton nominated J. McMillan Shafter.

Nominations were declared closed, when, in accordance with the requirements of the section of the Act above quoted, the Secretary called the roll of the Senate, and each Senator announced the name of the person for whom he voted, as follows:

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Whole number of Senators who voted...........

J. T. Farley received............

Newton Booth received......

J. McM. Shafter received............

W. W. Pendegast received......

Mr. Irwin offered the following:

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Resolved, That the Senate now proceed to ballot for a Senator in Congress to fill the vacancy caused by the resignation of the Hon. Eugene Casserly.

Adopted.

Nominations to fill the vacancy were declared in order.

Mr. Roach nominated John S. Hager.

Mr. Crane nominated J. O. Goodwin.
Mr. Finney nominated T. G. Phelps.
Mr. Duffy nominated Cornelius Cole.
Nominations were declared closed.

In accordance with the requirements of the second section of the Act above quoted, the Secretary called the roll of the Senate, and each

Senator announced the name of the person

lows:

for whom he voted, as fol

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At one o'clock and fifty-five minutes P. M., on motion of Mr. Edgerton, the Senate adjourned.

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Mr. Laine submitted a report as follows:

Mr. PRESIDENT: The Committee on Printing, to whom was referred

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