The Journal of the Senate During the ... Session of the Legislature of the State of California

ASSEMBLY JOINT RESOLUTION NO. 1.

WHEREAS, In the achievements of our fleets at Manila and in the Caribbean Sea, as well as in the victory of our land forces at Santiago and Porto Rico, we recognize the advancement of the human race, and in that the advancement of the American people;

and

WHEREAS, It is the purpose of the people of the State of California to sustain the President of the United States in his policy of retaining in permanent achievement the full measure of such victories, leading as they will to a greater Union, a greater strength, a more extended commerce, and to American control in the Pacific, which must be the future pathway to the commercial greatness of the West; now, therefore, be it

Resolved by the Assembly, the Senate concurring, That our Representatives in Congress are requested to give their unreserved support to the Administration of President McKinley, in the full confidence that his policy, the fruits of which are preserved in the treaty of peace, will lead to a greater country, a greater people, and a greater destiny; it is further

Resolved, That our Senators in Congress are hereby instructed to vote for, and in every manner support, the ratification by the Senate of the treaty of peace between the United States and Spain, recently concluded at Paris by the joint commission representing said Powers; and be it further

Resolved, That a copy of these resolutions be immediately transmitted to each of our Representatives and Senators at Washington, by mail, by the Chief Clerk of the Assembly.

Senator Davis moved that the President appoint a special committee of three for the purpose of having referred to it, for consideration and report, Assembly Joint Resolution No. 1 and any other resolution of the same purport that may be offered before such committee shall have made its report.

Motion carried.

APPOINTMENT OF SPECIAL COMMITTEE.

In compliance with the above, the President pro tem. appointed as a special committee to consider Assembly Joint Resolution No. 1, Senators Davis, Rowell, and Sims, to whom it was referred.

The following was read:

ASSEMBLY CONCURRENT RESOLUTION No. 3.

Resolved by the Assembly, the Senate concurring, That the Secretary of State be requested to place at the disposal of the committees having in charge the inaugural ball and banquet the various halls, corridors, and unoccupied chambers in and about the State Capitol, from and after the adjournment of the Legislature on Saturday, January 7, 1899, to the hour of ten o'clock A. M., Tuesday, January 10, 1899.

AMENDMENT.

Senator Cutter offered the following amendment, and moved its adoption:

Amend by adding: "This permit is granted only upon condition that no wine, beer, or alcoholic beverage of any description, shall be allowed at the banquet incident to said ball, or in any part of the Capitol premises leave to use which for said ball is given."

Amendment read and adopted.

The question being on the adoption of Assembly Concurrent Resolution No. 3, as amended.

The roll was called, and the same adopted by the following vote:..

AYES-Senators Bettman, Boggs, Braunhart, Bulla, Burnett, Chapman, Currier, Curtin, Cutter, Davis, Dickinson, Doty, Dwyer, Feeney, Flint, Gillette, Hall, Hoey, Jones, Laird, Langford, La Rue, Leavitt, Luchsinger, Maggard, Morehouse, Nutt, Pace, Prisk, Rowell, Shortridge, Simpson, Sims, Smith, Stratton, Taylor, Trout, and Wolfe-38. NOES-None.

Resolution as amended ordered transmitted to the Assembly.

CASE OF URGENCY.

RESOLUTION.

Senator Cutter offered the following resolution, and moved its adoption:

Resolved, That Assembly Bill No. 1 presents a case of urgency, as that term is used in Section 15 of Article IV of the Constitution, and the provisions of that section, requiring that the bill shall be read on three several days in each House, are hereby dispensed with, and it is ordered that said bill be read the first, second, and third times, and placed upon its passage.

The roll was called, and the resolution adopted by the following vote:

AYES-Senators Bettman, Boggs, Braunhart, Bulla, Burnett, Chapman, Currier, Curtin, Cutter, Davis, Dickinson, Doty, Dwyer, Feeney, Flint, Gillette, Hall, Hoey, Jones, Laird, Langford, La Rue, Leavitt, Luchsinger, Maggard, Morehouse, Nutt, Pace, Prisk, Rowell, Shortridge, Sims, Smith, Stratton, Taylor, Trout, and Wolfe-37. NOES-None.

FIRST, SECOND, AND THIRD READING OF BILL.

Assembly Bill No. 1-An Act making an appropriation for the support of the State Printing Office.

Bill read first, second, and third times, and finally passed by the following vote:

Title read and approved.

Bill ordered immediately transmitted to the Assembly.

REGULAR ORDER OF BUSINESS-(RESUMED).

INTRODUCTION AND FIRST READING OF BILLS, ETC.

Senator Rowell offered the following:

SENATE JOINT RESOLUTION No. 1.

Resolved by the Senate, the Assembly concurring, That our Senators in Congress are hereby directed and our Congressmen requested to vote for the ratification of the treaty of peace recently entered into by Commissioners of United States and Spain. As a reason for this request we voice the general sentiment of the people of this State in favor of speedy and permanent peace with Spain.

Further, The belief that if the acquisitions of territory that have come to our nation by treaties of annexation, by conquest, or as trophies of war, should be retained, trusting that Congress, guided by the patriotic sentiment and good judgment of the American people, will have the wisdom to enact such legislation as will eventually make these possessions add to the commercial and military strength of this country and improve every condition of the inhabitants of the territory acquired.

Senate Joint Resolution No. 1 referred to special committee this day appointed to consider Assembly Joint Resolution No. 1. Senator Cutter offered the following:

SENATE JOINT RESOLUTION No. 2.

Relative to the improvement of the Sacramento River in accordance with the plans submitted by the Sacramento River Commission.

WHEREAS, The Sacramento River Commission, composed of Federal engineers appointed by the President of the United States, have, in accordance with the duty

devolved upon them, reported to the Congress of the United States a plan for the improvement of the Sacramento River, which plan is now under consideration by the Committee on Rivers and Harbors of the House of Representatives; and

WHEREAS, The State of California has appropriated the sum of three hundred thousand dollars, to be expended in the improvement and rectification of the navigable waterways of this State, and has thus shown its willingness to assist in the work so imperatively demanded by the needs of commerce, and which cannot with safety be longer delayed, and which of right ought to be undertaken and carried forward to completion by the general government; and

WHEREAS, The conditions of said river are such that immediate action is necessary to preserve it as a navigable stream for the purpose of commerce;

Resolved by the Senate and Assembly of the State of California, jointly, That our Senators in Congress be instructed, and our Representatives be requested, to use all honorable means at their disposal to secure the execution of the plans reported by the said Sacramento River Commission, and to secure the appropriation recommended by said commission for the purpose of carrying said plans into effect; and that we do further respectfully request the said Committee on Rivers and Harbors of the House of Representatives to make the appropriation recommended by said Sacramento River Commission, conformably to their report on file with the Chief Engineer of the United States Corps of Engineers at Washington.

Resolved, That the Secretary of the Senate be and he is hereby to cause a certified copy of this resolution to be mailed to each of our Senators and Representatives in Congress, and send a copy thereof by telegram immediately after the passage of this resolution to Hon. T. E. Burton, Chairman of the Committee on Rivers and Harbors of the House of Representatives at Washington, D. C.

On motion of Senator Cutter, the rules were suspended for the purpose of reading and disposing of the resolution.

Senate Joint Resolution No. 2 read.

The roll was called, and the resolution adopted by the following vote:

AYES-Senators Bettman, Boggs, Braunhart, Bulla, Burnett, Chapman, Currier, Curtin, Cutter, Davis, Dickinson, Doty, Dwyer, Feeney, Flint, Hoey, Jones, Laird, Langford, La Rue, Leavitt, Maggard, Morehouse, Nutt, Pace, Prisk, Rowell, Shortridge, Simpson, Sims, Smith, Stratton, Taylor, Trout, and Wolfe-35.

NOES-None.

On motion of Senator Doty, Senate Joint Resolution No. 2 ordered immediately transmitted to the Assembly.

RESOLUTION.

Senator Smith offered the following resolution, which was read:

Resolved, That each member of the Senate be and he is hereby allowed twenty-five dollars for contingent expenses, as provided by the Constitution, payable out of the appropriation for the contingent expenses of the Senate, and that the aggregate amount of the value of stamps and stationery which any member shall draw on requisition from the Secretary of State shall be charged to his account as a part of his allowance hereby made. The Controller is hereby directed to draw his warrants for such balances as may stand to the credit of the members at the close of to-day's session, and the Treasurer is directed to pay the same.

Resolution adopted.

SUSPENSION OF RULES.

On motion of Senator Smith, and by unanimous vote, the rules were suspended for the purpose of finally disposing of the above resolution. The roll was called, and the resolution adopted by the following vote: AYES-Senators Bettman, Boggs, Braunhart, Bulla, Burnett, Chapman, Currier, Curtin, Cutter. Dickinson, Doty, Dwyer, Feeney, Flint, Hall, Hoey, Jones, Laird, Langford, La Rue. Leavitt, Luchsinger, Maggard, Morehouse, Nutt, Pace, Prisk, Rowell, Shortridge, Simpson, Sims, Smith, Stratton, Taylor, Trout, and Wolfe-36.

NOES-None.

RESOLUTIONS.

Senator Leavitt offered the following resolution, and moved its adoption:

Resolved, That when the Senate adjourns it adjourn out of respect to the memory of the late Senators E. S. Denison and J. H. Mahoney.

Resolution adopted by unanimous vote.

Senator Cutter offered the following resolution:

Resolved, That the Sergeant-at-Arms of the Senate be empowered and he is hereby authorized to purchase such furniture and supplies as may be needed in the Senate and committee rooms, the bills for the same to be approved by the Committee on Finance, and by the Senate, before any liability shall attach to the State.

On motion of Senator Dickinson, the above resolution was withheld for reference to the proper committee when appointed.

Senator Cutter offered the following resolution, which was read, and moved its adoption :

Resolved, That A. S. Longley be elected one of the Stenographers of the Senate for the thirty-third session.

The roll was called, and the resolution adopted by the following vote:

AYES-Senators Bettman, Boggs, Braunhart, Bulla, Burnett, Chapman, Currier, Cutter, Davis, Dwyer, Feeney, Flint, Hall, Hoey, Jones, La Rue, Luchsinger, Maggard, Nutt, Pace, Rowell, Simpson, Sims, and Trout-24.

NORS Senators Dickinson, Laird, Leavitt, Morehouse, Shortridge, Stratton, Taylor, and Wolfe-8.

OATH OF OFFICE.

Mr. Longley came forward, signed the roll, took and subscribed to the following oath of office:

I do solemnly swear that I will support the Constitution of the United States of America and the Constitution of the State of California, and that I will faithfully discharge the duties of the office of Senate Stenographer in the thirty-third session of the Assembly of the California Legislature, according to the best of my ability. So help me God.

RESOLUTIONS.

Senator Morehouse offered the following resolution, and moved its adoption:

Resolved, That the Secretary of State be and he is hereby authorized to purchase and pay for out of the fund for contingent expenses of the Senate forty-five (45) copies of Henning's Pocket Edition of the Constitution, and forty-five (45) copies of the James H. Deerings Codes of California published in 1897, and Bancroft's Edition of the General Laws, and deliver the same to the Secretary of the Senate, for the use of Senators and the Secretary of the Senate.

Resolution read.

The roll was called, and the resolution adopted by the following vote:

AYES-Senators Bettman, Boggs, Braunhart, Bulla, Burnett, Chapman, Currier, Curtin, Cutter, Davis, Dickinson, Doty, Dwyer, Feeney, Flint, Hall, Jones, Laird, Langford, La Rue, Leavitt, Luchsinger, Maggard, Morehouse, Nutt, Pace, Prisk, Rowell, Shortridge, Simpson, Sims, Smith, Stratton, Taylor, Trout, and Wolfe-36.

NOES-None.

Senator Dickinson offered the following resolution, and moved its adoption:

Resolved, That the Secretary of Senate be and he is hereby authorized and directed to purchase for the use of the Senate the necessary number of bill and journal files for the use of the Senate.

Resolution read.

The roll was called, and the resolution adopted by the following vote:

AYES-Senators Bettman, Braunhart, Bulla, Burnett, Chapman, Currier, Curtin, Davis, Dickinson, Doty, Dwyer, Feeney, Flint, Hall, Hoey, Jones, Laird, La Rue,

Leavitt, Luchsinger, Maggard, Morehouse, Nutt, Pace, Prisk, Rowell, Shortridge, Simpson, Sims, Smith, Stratton, Taylor, Trout, and Wolfe-34.

NOES-None.

RECESS.

At eleven o'clock and thirty-seven minutes A. M., on motion of Senator Bulla, the Senate was declared at recess until two o'clock P. M. this day.

REASSEMBLED.

At two o'clock P. M., the Senate reassembled, Hon. Thomas Flint, Jr., President pro tem. of the Senate, in the chair.

The roll was called, and the following answered to their names:

Senators Bettman, Boyce, Braunhart, Bulla, Burnett, Chapman, Currier, Curtin, Cutter, Davis, Dickinson, Doty, Dwyer, Feeney, Flint, Hall, Hoey, Jones, Laird, Langford, La Rue, Leavitt, Luchsinger, Maggard, Morehouse, Nutt, Pace, Prisk, Rowell, Shortridge, Smith, Stratton, Taylor, Trout, and Wolfe-35.

Quorum present.

MESSAGE FROM THE ASSEMBLY.

On motion of Senator Cutter, the following message from the Assembly was taken up and read:

ASSEMBLY CHAMBER, SACRAMENTO, January 5, 1899. MR. PRESIDENT: I am directed to inform your honorable body that the Assembly on this day adopted the following: Assembly Concurrent Resolution No. 4-Relative to the improvement of the Sacramento River.

C. W. KYLE, Chief Clerk of the Assembly.

By unanimous vote, the rules were suspended for the purpose of considering Assembly Concurrent Resolution No. 4-Relative to the improvement of the Sacramento River in accordance with the plans submitted by the Sacramento River Commission:

WHEREAS, The Sacramento River Commission, composed of Federal engineers appointed by the President of the United States, have, in accordance with the duty devolved upon them, reported to the Congress of the United States a plan for the improvement of the Sacramento River, which plan is now under consideration by the Committee of Rivers and Harbors of the House of Representatives; and

WHEREAS, The State of California has appropriated the sum of $300,000 to be expended in the improvement and rectification of the navigable waterways of this State, and has thus shown its willingness to assist in the work so imperatively demanded by the needs of commerce, and which cannot with safety be longer delayed, and which of right ought to be undertaken and carried forward to completion by the general government; and

WHEREAS, The conditions of said river are such that immediate action is necessary to preserve it as a navigable stream for the purpose of commerce;

Resolved, That the Governor be and he is hereby requested to cause a certified copy of this resolution to be mailed to each of our Senators and Representatives in Congress, and send a copy thereof by telegram immediately after the passage of this resolution to Hon. T. E. Burton, Chairman of the Committee on Rivers and Harbors of the House of Representatives at Washington, D. C.

Resolution read.

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