Assembly Bill No. 73-An Act concerning roads and highways in the County of Yuba.

Pending the consideration of this bill, on motion of Mr. Wilcox, the House, at one o'clock and fifty-five minutes, adjourned.

Leave of absence was granted for the day to Messrs. Harvey, Sargent of San Joaquin, and Goodall.

TO PRINT.

On motion of Mr. Welty, ordered that the usual number of copies of Assembly Bill No. 29 be printed.

PETITION.

Mr. Mecker presented a petition from the California Immigrant Union. Referred to Committee on Ways and. Means.

Reports were made as follows:

By Mr. Mott, of Sacramento:

REPORTS.

Mr. SPEAKER: Your Committee on Claims have had referred to them Assembly Bill No. 60-An Act for the relief of O. P. Fitzgerald.

Also, Resolution appropriating forty-five dollars for payment of claim of News-Letter publishers.

Also, Assembly Bill No. 71-An Act for the relief of Prestley A. Dorris.

Also, Assembly Bill No. 76-An Act to provide for the payment of the State's portion of the salary of the County Auditor of Mariposa County.

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Also, Assembly Bill No. 80-An Act for the relief of D. J. Rudd. Also, Assembly Bill No. 62-An Act to appropriate money for the relief of James W. Marshall.

And beg leave to report that, as the statute entitled an Act to provide for the liquidation of all claims against the State not otherwise provided for by law, approved April first, eighteen hundred and seventy, declares that no claim, either legal, equitable, or for relief, shall be entertained or considered by either branch of the Legislature, or any committee thereof, unless previously presented in due form to the State Board of Examiners and by them reported to the Legislature, and as none of the above-mentioned bills and resolutions have been so referred and reported, your committee report back such bills without passing upon their merits, and without recommendation.

By Mr. Barnes:

E. B. MOTT, Chairman.

Mr. SPEAKER: The Committee on Engrossment report that we have examined and find correctly engrossed:

Assembly Bill No. 39-An Act to regulate the salary of the County Judge of San Bernardino County.

Also, Assembly Bill No. 65-An Act to authorize the executors of the last will and testament of John C. Keenan, deceased, to mortgage certain real estate of their testator.

Also, Assembly Bill No. 63-An Act concerning certain officers in the County of Merced.

Also, Assembly Joint Resolution No. 6-Relative to establishment of a mail route from Weaverville to Trinity Center, in Trinity County. Also, Assembly Bill No. 77-An Act to authorize the Board of Supervisors of Mariposa County to levy an additional tax for county purposes. Also, Assembly Bill No. 78-An Act to amend an Act entitled an Act to amend an Act entitled an Act creating the office of Bailiff of the Supreme Court, approved April sixth, eighteen hundred and sixty-three, and March sixteenth, eighteen hundred and sixty-four.

Also, Assembly Bill No. 81-An Act to amend an Act entitled an Act concerning County Judges.

By Mr. Turner:

BARNES, Chairman.

Mr. SPEAKER: Your Committee on Elections, to whom was referred Assembly Bill No. 59-An Act to fix the time for electing Representatives to Congress-have considered the same and report it back and recommend its passage.

By Mr. Spencer:

TURNER, Chairman.

Mr. SPEAKER: The Committee on Judiciary having considered Assembly Bill No. 44-An Act to authorize County Judges to hold Courts in other counties than those for which they have been elected, in certain cases-report the same back and recommend its passage.

Also, Assembly Bill No. 74-An Act to amend an Act entitled an Act to provide for the official valuation of life insurance policies, approved

April fourth, eighteen hundred and seventy-report the same back and recommend its passage.

Also, Assembly Bill No. 75-Proposed amendment to the Constitution-report the same back, with amendment, and recommend its passage as amended.

Also, Assembly Bill No. 67-An Act defining the time within which certain actions may be brought-report the same back and recommend that it do not pass.

Also, Assembly Bill No. 54-An Act to amend an Act entitled an Act concerning crimes and punishments, approved April sixteenth, eighteen hundred and fifty-report the same back and recommend that it do not pass.

Also, Assembly Bill No. 27-An Act to repeal an Act entitled an Act to amend an Act entitled an Act to regulate proceedings in the Courts of justice of this State, passed April twenty-ninth, eighteen hundred and fifty-one, approved April twenty-seventh, eighteen hundred and sixty-three-report that the bill is ambiguous, inasmuch as there are two Acts of the same title and approved the same day, as the one named in the bill which it purports to repeal-the one relating to the competency of witnesses, entitled "An Act to amend an Act entitled an Act to regulate proceedings in civil cases in the Courts of justice of this State, passed April twenty-ninth, eighteen hundred and fifty-one, approved April twenty-seventh, eighteen hundred and sixty-three," and found on page seven hundred and one of the statutes of eighteen hundred and sixty-three; the other, commonly known as the "Specific Contract Act," entitled "An Act to amend an Act entitled an Act to regulate proceedings in the Courts of justice of this State, passed April twenty-ninth, eighteen hundred and fifty-one, approved April twentyseventh, eighteen hundred and sixty-three," and found on page six hundred and eighty-seven of the statutes of eighteen hundred and sixtythree.

If the repeal of the last named Act is sought by the bill in question, its passage would remove from the Practice Act several indispensable provisions, thereby causing serious injury.

On these grounds the committee recommend that the bill be referred back to its author, with the request that a new bill be drafted.

Also, Assembly Bill No. 38-An Act to change the name of Lewin Hirschkowitz to Leopold Harris-report that the person seeking a change of name has a speedy and ample remedy, by special proceedings in the County Court, by virtue of an Act entitled "An Act to authorize County Courts to change the names of persons in the cases therein specified," approved February twentieth, eighteen hundred and sixtysix, and therefore recommend that the bill do not pass.

Also, the petition relative to testimony in Courts of justice-report the same back and recommend that it be referred to the Siskiyou delegation, to draft and present a bill in furtherance of the object sought in the petition.

Also, having considered Assembly Bill No. 56-An Act to prevent the purchasing of stolen goods from minors-report the same back with a substitute, and recommend the passage of the substitute.

SPENCER, Chairman.

By Mr. Galloway:

Mr. SPEAKER: The Committee on Public Expenditures and Accounts, to whom was referred Assembly Bill No. 79-An Act creating the office of Mail and Express Messenger of the Capitol, defining his duties and compensation therefor-beg leave to report that they have had the same under consideration and report the same back with amendments, and recommend the passage of the bill as amended.

By Mr. Rice:

GALLOWAY, Chairman.

Mr. SPEAKER: The delegation from Marin County, to whom was referred Assembly Bill No. 98-An Act.supplementary to and amendatory of an Act entitled an Act to authorize the Board of Supervisors of Marin County to issue and sell bonds of said county and apply the proceeds thereof to the construction of wagon roads in said county, approved March fourth, eighteen hundred and seventy-have had the same under consideration, and report it back to the House and recommend its passage.

MOTIONS AND RESOLUTIONS.

RICE, of Delegation.

On motion of Mr. Wilcox, Assembly Bill No. 76, above reported, was referred to Mariposa delegation.

By Mr. McCullough:

Resolved, That the Postmaster of the House be authorized and directed to forward mail and express matter of members to such places as may be designated by the members during the recess.

Adopted.

NOTICES.

Notice of the introduction of bills was given as follows:

By Mr. Schrack-An Act repealing all Acts creating the County of Calaveras, and for an Act providing or the government of said County of Calaveras.

By Mr. Ellis-An Act for the destruction of wild animals in the County of Los Angeles.

Also, an Act for a trespass and no-fence law in the County of Los Angeles.

Also, an Act relating to grand and petit larceny.

Also, an Act asking the State to assist District Fairs.

By Mr. Reed-An Act prohibiting the sale of intoxicating drinks to certain persons.

Also, an Act concerning Superintendents of Streets and property

holders.

By Mr. Woodward-An Act to amend section one of an Act entitled an Act to regulate descents and distributions, approved April thirteenth, eighteen hundred and fifty.

NEW STANDING RULE.

Mr. Luttrell offered the following additional Rule, which by adoption. by the House is included in the Standing Rules of the Assembly as No.

81.

Rule No. 81. It shall be the duty of the Committee on Rules and Regulations, whenever there is a resolution offered for additional help in any of the various departments of clerical or other assistance in this Assembly, to inquire into the necessity for such proposed help, and report to the House, when the Assembly shall proceed to vote upon the passage of the resolution which has been referred and reported. The Committees on Engrossment and Enrollment, respectively, shall appoint such Clerks as the Assembly may under the above proceedings authorize and direct; such Assistant Clerks to receive the usual per diem allowed by law to Engrossing and Enrolling Clerks. And the Chief Clerk shall appoint such additional Copying Clerks as may be needed. from time to time in the proper prosecution of the business of the House; the necessity for such additional Clerks to be reported by the Committee on Rules and Regulations, and certified to by the Speaker of the House; but the House may refuse to ratify any appointments made by the Engrossing and Enrolling Committees, or by the Chief Clerk. Adopted.

AMENDMENT TO RULES.

Mr. Luttrell moved to amend No. 1 of the Standing Rules by striking out "ten o'clock" and inserting "eleven o'clock" as the hour for daily meeting.

Adopted.

In accordance with notice given yesterday, Mr. Luttrell moved that Rule No. 10 of the Standing Rules be changed so as to constitute seven members the Committee on Education, instead of five.

The motion was adopted by a dividing vote of thirty-eight in the affirmative to fifteen in the negative.

Mr. Jost gave notice of a motion to reconsider.

Mr. Luttrell also moved to amend Rule No. 13 so as to increase the members of the Committee on Public Buildings and Grounds from seven to nine.

On adopting the motion the ayes and noes were called by Messrs. Baird, Jost, and Berry, and the House refused to adopt by the following

vote:

AYES-Messrs. Aldrich, Bacon, Barker, Barklage, Barnes, Bradley, Bockius, Brown, Burckhalter, Chalmers, Cooper, Crane, Dannals, Days, De Haven, French, Galloway, Gray, Hopper, James, Johnston, Jost, Little, Lofton, Long, Luttrell, Mott of Sacramento, McCullough, Pardee, Reed, Rice, Russ, Schrack, Seibe, Sensabaugh, Slaughter, Spencer, Splivalo, Stillwagon, Turner, Walker, Welty, Wheaton, Whiting, Whitney, and Wright-46.

NOES-Messrs. Andrews, Baird, Bayley, Bell, Berry, Caldwell, Center, Coleman, Edgar, Ellis, Everett, Franck, Freeman, Gibson, Hayes, Henshaw, Lee, Mathers, Meeker, Mott of Los Angeles, Munday, Rector, Sammons, Sargent of Santa Clara, Tinnin, Wilcox, Woodward, and Mr. Speaker-28.