Special Orders. 56. Any subject may, by vote of a majority of those voting, be made a special order, and when the time fixed for its consideration arrives, the presiding officer shall lay it before the Senate. Form of Previous Question-Call of Senate. 57. The previous question shall be put in the following form: "Shall the question be now put?" It shall only be admitted when demanded by a majority of the Senators present upon division; and its effect shall put an end to all debate except that the author of the bill or the amendments shall have the right to close, and the question under discussion shall thereupon be immediately put to a vote. On a motion for the previous question prior to a vote being taken by the Senate, a call of the Senate shall be in order. Ayes and Noes: Members Must Answer-No Vote After Announcement of Vote. 58. When the ayes and noes shall be called for by three members present, every member within the bar of the Senate at the time the question was put shall declare. openly, and without debate, assent or dissent to the question. In taking the ayes and noes, and upon the call of the Senate, the names of the Senators shall be taken alphabetically. When the ayes and noes shall be taken upon any question in pursuance of this rule, no Senator shall be permitted, under any circumstances whatever, to vote after the announcement of the vote by the presiding officer. Rules in Senate and Committee of the Whole. 59. The rules of the Senate shall be observed in Committee of the Whole, so far as may be applicable, except limiting the number of times a Senator may speak, and except that the ayes and noes shall not be taken. Suspending or Changing Rules. 60. No standing rules or order of the Senate shall be rescinded or changed without a vote of two-thirds of the entire Senate, and one day's notice being given of the motion therefor; but a rule or order may be suspended temporarily by a vote of two-thirds of the members of the Senate, except that portion of Rule 29, relating to the order of enrolling bills. All proposed amendments to these rules shall, upon presentation, be referred to the Committee on Rules without debate. Executive Session. 61. When a motion is adopted to close the doors of the Senate, on the discussion of any business, which may, in the opinion of the Senate, require an executive session, the President shall require all persons, except the Senators, President of the Senate, Secretary and Sergeant-at-Arms to withdraw and during the discussion of said business, the doors shall remain closed. Every Senator and officer present shall keep secret all matters and proceedings concerning which secrecy shall be enjoined by order of the Senate. Messengers, When Introduced. 62. Messengers may be introduced at any stage of business except while a question is being put, while the ayes and noes are being called, while ballots are being counted, or while a Senator is addressing the Senate. Smoking. 63. No smoking shall be allowed within the Senate Chamber. Leaves of Absence of Members of the Senate Visiting Public Institutions. 64. No leave of absence shall be granted any committee, special or standing, to visit any public institutions of the State or for any other purpose. Whenever any committee shall report to the Senate that it is desirable that such committee receive information concerning any public institution, the Senate may by a two-thirds vote of all its members, grant a leave of absence to not more than three members of such committee, to be designated by the Chairman thereof. Application for a leave of absence of such members of a committee shall be made to the Senate in writing by the Chairman thereof, and such application shall give the name of the institution or institutions to be visited and briefly recite the occasion and necessity for visiting the same, together with the names of the committeemen designated for that purpose. Such application shall immediately, and without debate, be referred to the Committee on Rules, with instructions, to report upon the same on the next legislative day. Said members shall be allowed their actual expenses. Cases Not Provided for, Robert to Govern. 65. In all cases not provided for by these rules, the Senate shall be governed by the laws and practices as laid down in Robert's Rules of Order. Resolved. That the Secretary of the Senate is hereby directed to notify the Assembly that the Senate is now duly organized and ready to proceed to the business of the State, having elected the following statutory officers: President pro tem... Secretary of the Senate_. Chaplain -- Hon. N. W. Thompson Thos. A. Brown Clifton E. Brooks --Rev. Father Henry I. Stark Resolution read, and on motion adopted. Also by Senator Cogswell: Resolved, That a committee of three Senators be appointed by the President of the is now ready for business, and to receive any communication he may desire to make. Resolution read, and on motion adopted. APPOINTMENT OF COMMITTEE. In accordance with the above resolution the President of the Senate appointed Senators Cogswell, Ballard, and Slater, as a committee from the Senate to wait upon the Governor. APPOINTMENTS BY SECRETARY. The following communication was received and read: SACRAMENTO, January 5, 1916. To the President and Members of the Senate of the State of California : I have the honor to inform you that I have this day appointed J. W. Kavanagh to the position of Assistant Secretary and Clerk of the Committee on Printing at a per diem of $9.00 and J. A. Miller to the position of Assistant Secretary at a per diem of $7.00 and respectfully ask the consent of the Senate thereto. EDWIN F. SMITH, Secretary. Senator Thompson moved that the appointments by the Secretary be confirmed by the Senate. The question being on the confirmation of the appointments. The roll was called, and the appointments confirmed by the following vote: AYES-Senators Benson, Birdsall, Breed, Brown, Butler, Campbell, Carr, Chandler, Cohn, Crowley, Duncan, Flaherty, Flint, Gerdes, Irwin, Jones, Kehoe, King, Lyon, Mott, Owens, Purkitt, Rush, Scott, Shearer, Strobridge, Stuckenbruck, Tyrrell, and Wolfe-29. NOES-None. APPOINTMENT BY SERGEANT-AT-ARMS. The following communication was received and read: SACRAMENTO, January 5, 1916. To the President and Members of the Senate of the State of California: I have the honor to inform you that I have this day appointed Mr. James B. Newsom to the position of Bookkeeper to the Sergeant-at-Arms, and respectfully ask the consent of the Senate thereto. THOMAS A. BROWN, Sergeant-at-Arms. Senator Strobridge moved that the appointment by the Sergeant-atArms be confirmed by the Senate. The question being on the confirmation of the appointment. The roll was called, and the appointment confirmed by the following vote: AYES-Senators Benson, Birdsall, Breed, Brown, Butler, Campbell, Carr, Chandler, Cohn, Crowley, Duncan, Flaherty, Flint, Gerdes, Irwin, Jones, Kehoe, King, Lyon, Mott, Owens, Purkitt, Rush, Scott, Shearer, Strobridge, Stuckenbruck, Thompson, Tyrrell, and Wolfe-30. NOES-None. LEAVE OF ABSENCE. Senator Beban was, on motion of Senator Crowley, granted leave of absence for this day. RECESS. At two o'clock and eighteen minutes p.m., on motion of Senator Thompson, the President declared the Senate at recess until two o'clock and thirty minutes p.m. RECONVENED. At two o'clock and thirty minutes p.m. the Senate reconvened. Lieutenant Governor John M. Eshleman, President of the Senate, in the chair. Secretary Edwin F. Smith at the desk. REPORT OF COMMITTEE TO WAIT UPON THE GOVERNOR. Senator Cogswell as chairman of the committee appointed from the Senate to wait upon the Governor and inform him that the Senate was organized and ready for business reported that the said committee had performed the duty assigned to it and that the Governor would shortly transmit a message to the Senate. MESSAGE FROM THE GOVERNOR. The following message from the Governor was read and ordered printed in the Journal: Message of Governor Hiram W. Johnson to the Legislature of the State of California, in Extraordinary Session, January 5, 1916. To the Senate and Assembly: EXECUTIVE DEPARTMENT, STATE OF CALIFORNIA. Under the power vested in me by the Constitution I have duly issued a call for an extraordinary session of the Legislature and have convened you for three specific purposes: 1. To amend the election laws of the State as specifically set forth in subdivisions 1 and 2 of the call; 2. To take such action as you may deem appropriate in reference to the San Francisco Normal School; and 3. To pass such laws as you deem essential in relation to the San Diego Exposition. 1. THE ELECTION LAWS. I take it that you are familiar with the condition, at once contradictory and confusing, of the election laws of the State, and the necessity for remedial legislation. At the last session of the Legislature, in 1915, four laws relating to elections were passed and these four constituted a harmonious and complete system. Against two of these laws the referendum was invoked, and these two measures popularly designated the non-partisan bills, were, on the 26th day of October last, defeated. The two measures thus submitted to the people by referendum and rejected by the people were the bill relating to primary elections and that prescribing the form of ballot at the final election. The two bills, which were not attacked, and concerning which no referendum was invoked, were the registration bill and the presidential preference primary law. The question presented to the voters at the special election was clean cut and well defined, and that question was, whether or not the officials of the State required to be elected by the voters should be chosen in partisan or in non-partisan fashion. All of the persuasive endeavors of both sides of the controversy in the special election were directed solely to this question, and on the one side it was argued that our state officials should be elected without regard to partisanship, and on the other, the desirability of parties choosing candidates for state offices was earnestly advocated. The registration bill, under which the elector is not required to state his party affiliation, at the time of registration, was accepted by both sides, and acquiesced in by all the people of the State of California. Since August 10, 1915, it has been continuously the law of the State and is today the solemn enactment of both houses of the Legislature and of the executive branch of the government. The primary law of 1913 continued in force because of the defeat of the law of 1915, at the special election, can not be operative if the registration law adopted and accepted by all the people of the State be enforced; and presented to us, therefore, is the problem, how shall election of state officers be made partisan and the laws that have been duly enacted and are in force today be preserved as well? It is obvious that we can no more rightfully disregard one law than another and that officials are bound to obey all the laws of the State. It is our plain duty, therefore, while recognizing the result of the recent special election and carrying out what those who then voted declared should be the policy of the State-the nomination and election by parties and in partisan fashion of candidates for state offices-to maintain and uphold a plain statute which has neither been questioned nor challenged, and which, up to this time, all of the people of the State of California have accepted and acquiesced in. Speedily and readily the result may be attained by the amendment of the primary law, and by this amendment, candidates for state offices will be nominated by political parties and will be elected wholly in partisan fashion, and the registration law will be preserved intact. The time of the declaration of party affiliation is simply changed from the time of registration to the time of the primary. This is neither a new nor a novel proceeding. It is the course pursued in the majority of the states having primary laws. Today, in states like Massachusetts, Idaho, Indiana, Michigan, Minnesota, West Virginia, Illinois, Wisconsin, Arizona. Colorado, Kansas, Missouri, Montana, and others, the voter declares his party affiliation at the time of the primary and surely it will not be argued that the election laws of these states are non-partisan. I repeat that by the amendment proposed to the primary law, every official required to be elected in the State will be nominated as the candidate of a political party and will be elected as a candidate of a political party. If this be done, no man acting in good faith can ask more. If the registration law were today amended, the amendment could not take effect until ninety days after the adoption of the amendment. Registration is to commence on the first day of January, and to continue then for use at the presidential preference primary to be held on or about May 2d. It is important, therefore, that a registration law be in effect now and for the period required in order that there may be no more confusion hereafter. If any other reason were needed for upholding what we have solemnly enacted, and what today is the law, it is presented with unanswerable logic by the fact that we would but add to the confusion now existing and leave the election laws still uncertain and inoperative, for more than three months by an attempted amendment of the registration law. In its larger sense, however, the reason for the amendment of the primary law is that by that amendment we do exactly what the majority who voted at the special election, October 26th, decreed should be done, and we maintain the law duly enacted and unanimously acquiesced in. There was not a single vote in the Senate of the State of California at the 1915 session cast against the registration law, nor was there a single vote cast in that body against the presidential preference primary law, and yet the presidential preference primary law then enacted with this unanimity, distinctly provided for the declaration of party affiliation at the primary itself and at no other time. It is worse than a confusion of thought to say that the will of the people was expressed upon registration at the recent special election. This is not so. The will of the people upon registration was expressed by the representatives of the people at the legislative session of 1915, and thereafter expressed by all of the people in the failure of any to attack the registration law, or invoke against it the referendum. It is nothing short of misrepresentation to assert that the amendment of the primary law, in the manner suggested, makes the election system of the State non-partisan. The amendment suggested makes the election system of this State partisan. It makes a system by which the political parties of the State will nominate candidates for state offices. Those candidates will then have their names printed on the official election ballot with their party designation and will be voted for as partisan candidates. To claim otherwise, is to demonstrate either a poverty of intellect or the wilful design of misrepresentation. It may be that other means could be devised for partisan nominations and partisan elections and that if time permitted, and no confusion would result, another mode might be presented to cure the existing defects. But whether other courses might be adopted, whether any mode could be suggested that would meet the approval of the most captious, the mode now suggested does do exactly the very thing desiredrequires nomination of candidates by political parties and election of candidates as candidates of political parties in partisan fashion. 2. SAN FRANCISCO NORMAL SCHOOL. The San Francisco Normal School is occupying practically temporary quarters. The buildings are unsightly and unsafe. All of us who are familiar with the situation have long known that it was a question of but a brief period until an appropriation of some hundreds of thousands of dollars would be required for reconstruction, etc. Out of the beautiful Exposition that has just been concluded in San Francisco came a suggestion for the preservation of the California Building, and its acquisition by the State for the San Francisco Normal School. Sentimentally, the idea was enthusiastically received by all who are familiar with the location; but it was not until the trustees of the normal school, their expert engineer, and those interested in the preservation of the California Building presented the financial economy of the plan, and its advantages from a business standpoint, that I felt at liberty to submit the question to the Legislature for action. The Panama-Pacific International Exposition, due to prudent, sagacious and very able management will realize a considerable sum for ultimate distribution among those who contributed its funds. Under the law creating the California Commission, thanks to the foresight of those who prepared the measure, it was provided that the State should receive the State's proportionate share of any moneys realized from the Exposition, and, subsequently, in conformity with the law, a contract was made by the State Commission with the Directors of the Exposition of like character. It is represented to me that a sum probably equalling a million dollars will ultimately be realized from the Exposition and the State will be entitled to its proportionate share of this sum. The proposal in reference to the normal school is not to appropriate any money from the general fund at all and the finances of the State, therefore, will not be strained by consummating the plan. It is desired that the Normal School Trustees shall be given power to condemn the land upon which the California Building stands and land adjacent thereto, to remodel the California Building in accordance with the reports and estimates of the experts, to receive, if necessary, appropriate lands in exchange for funds due to the State from the Exposition, to change the site of the normal school from its present location to the California Building of the Exposition, and to dispose of the present site. The estimates submitted to me by the Normal School Trustees and their engineer for the modification of the California Building and its construction into a most beautiful state institution aggregate $195,000, and the purchase price of the real estate, it is asserted, ought not to exceed $100,000. The condemnation proceedings must be commenced at once, and it is necessary therefore that the requisite authority be immediately given. The appropriation asked in the bill submitted is wholly from moneys which shall be returend from the Exposition to the State, and I reiterate that the general finances of the State are not touched at all. I am not unmindful of the difficulties and obstacles which may preclude us from successfully carrying out the proposed design; but, in order that we may endeavor thus to consummate a plan at once appealing to our sentiment and business judgment, the powers asked must be accorded by the Legislature. 3. SAN DIEGO EXPOSITION. Californians may be very proud of the great International Exposition which has just been concluded at San Francisco. It marked an epoch in World's Expositions, and its marvels and its beauty were worthy of our State. The State dealt generously with the Exposition but the Exposition itself has more than justified the State's generosity. During the year 1915 California has had not only its great International Exposition at San Francisco but the remarkably beautiful Exposition at San Diego. I can not too highly commend the energy and the pluck of the city of San Diego in Inaintaining, as it has. an Exposition creditable and beneficial alike to that locality and to the State of California. The San Diego Exposition, will continue during the year 1916. In order that it may continue it asks the passage of the enabling act relating to Balboa Park, and it may be assumed that very readily this will be done. In addition, a small measure of aid is asked now from the State; and from the same source as our funds for the San Francisco Normal School are obtained. I should very heartily favor an appropriation of this sort for the San Diego Exposition. The subjects to which I have referred in this message are the only subjects that are before this extraordinary session of the Legislature. Purposely and designedly have I restricted the call within the narrowest possible limits. I say to you very frankly that I have endeavored by the statement of the matter in relation to the election laws to restrict you to the amendment of the primary law. I have done this after the most careful thought and consultation with those most familiar with the |