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Journal of the

Senate and Assembly

DURING THE

Forty-first (extra) Session

OF THE

Legislature of the State of California

1916

Began on Wednesday, January fifth, and ended on Tuesday,

January eleventh, nineteen hundred sixteen

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D. of D. JUN7 1916

PERSITY OF CHICAGO

LIBRARIES

266892 Hra nich 1920

CALIFORNIA LEGISLATURE-SENATE.

FORTY-FIRST (EXTRA) SESSION.

IN SENATE.

SENATE CHAMBER, SACRAMENTO, CAL.,

Wednesday, January 5, 1916. The Senate met at 2:00 o'clock p.m., pursuant to the provisions of the proclamation of His Excellency, Hiram W. Johnson, Governor of the State of California, dated January 1st, 1916, convening the Legislature of the State of California on this day in extraordinary session.

Lieutenant Governor John M. Eshleman, President of the Senate, in the chair pursuant to the provisions of section 238, article II of the Political Code.

Pursuant to the provisions of section 237 of article II of the Political Code, Edwin F. Smith, Secretary of the Senate; Clifton E. Brooks, Minute Clerk and Thos. A. Brown, Sergeant-at-Arms, were present, and occupied their respective positions.

Lieutenant Governor John M. Eshleman now called the Senate to order. The roll was called and the following Senators answered to their names :

Senators Ballard, Benson, Birdsall, Breed, Brown, Butler, Campbell, Carr, Chandler, Cogswell, Cohn, Crowley, Duncan, Flaherty, Flint, Gerdes, Irwin, Jones, Kehoe, King, Luce, Lyon, Maddux, Mott, Owens, Purkitt. Rush, Scott, Shearer, Slater, Strobridge, Stuckenbruck, Thompson, Tyrrell, and Wolfe-35.

Quorum present.

PRAYER.

Prayer was offered by Rev. Father Henry I. Stark, Chaplain of the Senate.

PROCLAMATION OF THE GOVERNOR.

The President directed the Secretary, Edwin F. Smith, to read the proclamation by the Governor convening the Legislature in extraordinary session.

Whereupon the Secretary read the following proclamation:

PROCLAMATION BY THE GOVERNOR CONVENING TILE LEGISLATURE IN EXTRAORDINARY

SESSION.

EXECUTIVE DEPARTMENT, STATE OF CALIFORNIA. WHEREAS, An extraordinary occasion has arisen and now exists, requiring that the Legislature of the State of California be convened,

Now, therefore, I HIRAM W. JOHNSON, Governor of the State of California, by virtue of the power and authority in me vested by section 9 of article V of the Constitution, do hereby convene the Legislature of the State of California to meet and assemble in extraordinary session, at Sacramento, California, on Wednesday, the fifth day of January, one thousand nine hundred and sixteen, at two o'clock p.m. of that day for the following purposes and to legislate upon the following subjects, to wit:

1. To amend the Direct Primary Law relating to nominations of candidates for public office, approved June 16, 1913, so that the same shall provide for the nomination by electors, political parties and organizations of electors of candidates for public office in such manner as to conform to other existing election laws, and thereby enable electors registered pursuant to such existing laws to participate in nominating such candidates thereunder.

2. To amend sections 3, 6, and 9 of the Presidential Primary Act, approved April 28, 1915, so that electors registered pursuant to existing laws may participate in nominating candidates for delegates thereunder; and to add a new section to such act calling and providing for a presidential primary election to be held on the second day of May, 1916.

3. To authorize the Board of Trustees of the San Francisco State Normal School to select a new site for said school upon the lands heretofore and now occupied or owned by the Panama-Pacific International Exposition, or any corporation representing or acting for or in conjunction with said Exposition, and, in event of such selection of said new site, provide for and authorize the sale or exchange of the present site of said normal school and the disposition of improvements thereon.

To provide for and authorize said Board of Trustees to acquire by purchase, gifi, condemnation, or otherwise all necessary lands, buildings, improvements, and equipment for such school, and, for this purpose, to authorize the condemnation of publicly or privately owned lands and improvements; to provide for and authorize the city and county of San Francisco to abandon and close streets, or portions of streets. within and about the site so selected and to transfer title thereto for the use of said State Normal School; and to provide for and authorize the use, in connection with such site, of State lands adjacent thereto.

To provide for the disposition of any proceeds of the Panama-Pacific International Exposition accruing to the State from the Panama-Pacific International Exposition Company through the operation of said Exposition, or otherwise, or of any money or property that may be due to or be given to the State by said Exposition Company or its directors, to make appropriations thereof, and to authorize the Board of Trustees of the State Normal School, or any official or officials of the State, to accept property for or on behalf of the State in full or partial settlement of the claims of the State to its proportion of such proceeds, or money or property.

4. To consider and act upon an amendment to the act of the Legislature of the State of California entitled "An act giving and granting to the Board of Park Commissioners of the city of San Diego the right to use and the right to authorize the use of Balboa Park in said city for exposition purposes," approved March 24, 1911, extending its provisions so as to authorize and provide for the use of said Balboa Park for exposition purposes during the years 1916 and 1917; and to do what may be deemed appropriate or necessary in relation to the Panama-California International Exposition of San Diego.

In witness whereof, I have hereunto set my hand and caused to be affixed hereunto the Great Seal of the State of California, at my office in the State Capitol this first day of January, in the year of our Lord one thousand nine hundred and sixteen. [SEAL]

HIRAM W. JOHNSON, Governor. Attest: FRANK C. JORDAN, Secretary of State. By FRANK II. CORY, Deputy.

RESOLUTIONS.

The following resolutions were offered:
By Senator Thompson:

Resolved. That the Senate do now organize and proceed to elect the offcers and employes of the Senate for this extra session.

Resolution read, and on motion adopted.
Also by Senator Strobridge:

Resolved, That Honorable N. W. Thompson be and he is hereby elected President pro tem. of the Senate ; that Edwin F. Smith be and he is hereby elected Secretary of the Senate; that Thomas A. Brown be and he is hereby elected Sergeant-at-Arms of the Senate; that Clifton E. Brooks be and he is hereby elected Minute Clerk of the Senate; that Reverend Father Henry I. Stark be and he is hereby elected Chaplain of the Senate.

Resolution read.
Senator Strobridge moved that the resolution be adopted.
The roll was called and the resolution adopted by the following vote:

AYES-Senators Ballard, Benson, Birdsall, Breed. Brown, Butler, Camphell, Carr, Chandler, Cogswell, Cohn, Crowley, Duncan, Flaherty, Flint, Gerdes, Irwin, Jones, Kehoe, Lyon, Mott. Owens, Purkitt, Rush, Scott, Shearer, Slater, Strobridge, Stuckenbruck, Tyrell, and Wolfe-31.

NOES—None.

Whereupon the President declared each person named in the foregoing resolution elected.

Also by Senator Carr:

Resolved, That the standing rules of the forty-first regular session be and the same are hereby adopted as the rules of the Senate at this special session, except that Rule 8 be amended to read as follows:

“8. The standing committees of the forty-first regular session shall be

the standing committees of this extra session." Resolution read. Senator Carr moved that the resolution be adopted. The roll was called and the resolution adopted by the following vote:

AYES–Senators Ballard, Benson, Birdsall, Breed, Brown, Butler, Campbell, Carr, Chandler, Cogswell, Cohn, Crowley, Duncan, Flaherty, Flint, Gerdes, Irwin, Jones, Kehoe, King, Lyon, Mott, Owens, Purkitt, Rush, Scott, Shearer, Slater, Strobridge, Stuckenbruck, Thompson, Tyrrell, and Wolfe-33. NOES-None.

STANDING RULES OF THE SENATE. Time of Sessions.

Rule 1. The sessions of the Senate shall be daily (Sundays excepted), beginning at 10 o'clock a.m. and commencing on the second day of the session following the constitutional recess; a recess shall be taken at 12.30 p.m. to 2 p.m. unless otherwise ordered by vote of the Senate. Calling to Order.

2. The President, President pro tem., or senior member present, shall call the Senate to order at the hour stated, and if a quorum be present proceed with the order of business. Order of Business. 3. Order of business :

1. Roll Call.
2. Prayer by the Chaplain.
3. Reading and approval of the Journal of the Preceding Day.
4. Presentation of Petitions.
5. Messages from the Assembly.
6. Messages from the Governor.
7. Reports of Standing Committees.
8. Reports of Select Committees.
9. Motions, Resolutions, and Notices.
10. Introduction and First Reading of Bills.
11. Consideration of Daily File.
12. Unfinished Business.

13. Special Order of the Day. Reports from the Committee on Engrossment and Enrollment shall at all times be in order; provided, that messages from State officers, other than the Governor, and from the Assembly, may, on motion of any Senator, be considered at any time. President-His Powers and Prerogatives.

4. The rooms, passages, and buildings set apart for the use of the Senate shall be under the control and direction of the President of the Senate, and he shall have ihe control and direction of the journals, papers, and bills of the Senate. Ile shall see that ail officers of the Senate perform their respective duties, and may assign places to properly accredited newspaper representatives. President May Order Lobbies Cleared.

5. In case of a disturbance or disorderly conduct in the lobbies, the President (or Chairman of the Committee of the Whole) shall have power to order the same cleared. President May Call Senator to Chair.

6. The President shall have the right to name any Senator to perform the duties of the chair, who shall be vested, during such time, with all the powers of the President; but such substitute shall not lose the right of voting on any question while so presiding. Appointment to Committees.

7. All standing committees of the Senate shall be named by the President of the Senate unless otherwise ordered, and the first named shall be the chairman thereof. All other committees shall be appointed in such manner the Senate shall determine. Standing Committees.

8. The standing committees of the forty-first regular session shall be the standing committees of this extra session.

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