Lost. The question being upon the adoption of the resolution, the vote was taken, and the resolution adopted. RESOLUTIONS. By Mr. Farnum-Assembly Concurrent Resolution, relative to increased postal facilities for the City of Oakland. Read first and second times, and referred to Committee on Federal Relations. By Mr. Warden-Assembly Concurrent Resolution, relative to an appropriation from the General Government for the improvement of the Harbor of San Luis Obispo. Read first and second times, and referred to Committee on Federal Relations. By Mr. Dixon: Resolved, That no engrossed or enrolled bill containing any erasures or interlineations whatsoever shall be sent from the Engrossing or Enrolling Clerks' offices to the Governor for his approval. Adopted. By Mr. Moffat: Resolved, That Theo. B. Ross be and is hereby appointed Assistant Journal Clerk, with the salary allowed per diem as other Clerks of this House. Referred to Committee on Attachés. By Mr. Cooley-Assembly Concurrent Resolution, relative to a postal savings bank. Read first and second times, and referred to Committee on Federal Relations. By Mr. Welch: Resolved, That the Judiciary Committee of this House be and they are hereby directed and required to report to the Assembly, at a date not later than the fourteenth day of January next, by bill or otherwise, as said committee may deem best, on the resolution presented to this Assembly on the fourteenth instant, by the Hon. Grove L. Johnson, member from the County of Sacramento, relative to the uniform assessment of all lands of equal agricultural capacity. Moved by Mr. Haile that the resolution be laid on the table. By Mr. Cooley-Assembly Concurrent Resolution, relative to changing the manner of electing a President and Vice-President of the United States. Read first and second times, and referred to the Committee on Federal Relations. By Mr. Tuttle: Resolved, That the Committee on Rules be requested to re-arrange the order of business, so that the order of motions, notices, and resolutions shall immediately precede the general file. Referred to Committee on Rules. BALLOTING FOR UNITED STATES SENATOR. The House, at twelve o'clock meridian, took up the special orderthe election of one United States Senator to succeed the Hon. Aaron A. Sargent-in accordance with the following Act of Congress: Title II. Chapter I. Revised Statutes of the United States. An Act to regulate the time and manner of holding elections for Senators in Congress. [Approved July 25th, 1866.] Be it enacted by the Senate and House of Representatives of the United States in Congress assembled. SECTION 14. The Legislature of each State, which is chosen next preceding the expiration of the time for which any Senator was elected to represent such State in Congress, shall, on the second Tuesday after the meeting and organization thereof, proceed to elect a Senator in Congress. SEC. 15. Such election shall be conducted 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 such State, and the name of the person so voted for, who receives a majority of the whole number of votes in each House, shall be entered on the Journal of that House by the Clerk or Secretary thereof; or if either House fails to give such majority to any person on that day, the 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 has received a majority of all the votes in each House, he shall be declared duly elected Senator. But if the same person has not received a majority of the votes in each House, or if either House has failed to take proceedings as required by this section, the joint assembly shall then proceed to choose, by a viva voce vote of each member present, a person for Senator, and the person who receives a majority of all the votes of the joint assembly, a majority of all the members elected to both Houses being present and voting, shall be declared duly elected. If no person receives 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 shall take at least one vote, until a Senator is elected. SEC. 16. Whenever, on the meeting of the Legislature of any State, a vacancy exists in the representation of such State in the Senate, the Legislature shall proceed, on the second Tuesday after meeting and organization, to elect a person to fill such vacancy, as prescribed in the preceding section for the election of a Senator for a full term. SEC. 17. Whenever, during the session of the Legislature of any State, a vacancy occurs in the representation of such State in the Senate, similar proceedings to fill such vacancy shall be had on the second Tuesday after the Legislature is organized and has notice of such vacancy. SEC. 18. It shall be the duty of the Executive of the State, from which any Senator has been chosen, to certify his election, under the seal of the State, to the President of the Senate of the United States. The roll of the Assembly was called, and the following members responded: Messrs. Abbott, Adams, Allen, Ames, Anderson, Asmussen, Backus, Barstow, Blackwell, Blake, Breen, Broderick, Brooks, Byington, Coffey, Connolly, Conroy, Cooley, Dare, De Witt, Dinniene, Dixon. Dorsey, Dunlap, Ellis, Ewing, Farnum, Forsyth, Garver, Giffen, Gildea, Gough, Griffith, Haile, Hanna, Hart, Haworth, Hicks, Hinshaw, Holloway, Hugg, Johnson, Kercheval, Long, Ludgate, Mace, May, Mayfield, McClure, McComas, Meyers, Miller, Moffat, Montague, Murphy of Del Norte, Murphy of San Francisco, Nealley, Nott, Ostrom, Pace, Pauly, Robertson, Routier, Russ, Sargent, Sherman, Smyth, Swift, Thompson, Tobin, Tuttle, Upton, Warden, Waters, Welch, Wheat, Whitlock, Wilson, Young, and Mr. Speaker. NOMINATIONS FOR SENATOR, TO SUCCEED THE HON. AARON A. SAR- Mr. Murphy of Del Norte nominated Hon. James T. Farley. The Clerk proceeded with the calling of the roll until the name of Mr. Swift was reached, when that gentleman arose in his seat and asked to be excused from voting, giving the following as his reasons: Having been elected as an independent candidate by the votes of Democrats and Republicans, after assuring both parties that no action of mine should injure either in the election of United States Senator, had the present vote been close, I could not cast the deciding ballot, as my constituents elected me for a special purpose, trusting that I would keep my pledge concerning this election. Should I now vote for an outside party, it might seem a slight to those estimable gentlemen who have been placed in nomination, either of whom I would cheerfully vote for were I in the Republican or Democratic party lines. Therefore, I ask to be excused from voting. By consent of the House, the gentleman's request was granted. For Farley-Messrs. Adams, Anderson, Asmussen, Barstow, Blackwell, Broderick, Byington, Coffey, Connolly, Dare, DeWitt, Dinniene, Dixon, Dorsey, Dunlap, Ellis, Ewing, Garver, Giffen, Gildea, Gough, Griffith, Haile, Hanna, Hart, Haworth, Hicks, Hinshaw, Holloway, Hugg, Long, Ludgate, Mace, Mayfield, Miller, Moffat, Montague, Murphy of Del Norte, Nealley, Nott, Ostrom, Pace, Robertson, Sherman, Smyth, Thompson, Tobin, Tuttle, Upton, Warden, Waters, Wheat, Young, and Mr. Speaker. For Estec-Messrs. Abbott, Allen, Ames, Backus, Blake, Breen, Brooks, Conroy, Cooley, Farnum, Forsyth, Johnson, Kercheval, May, McClure, McComas, Meyers, Murphy of San Francisco, Pauly, Routier, Russ, Sargent, Whitlock, and Wilson. The Speaker declared the vote, and that James T. Farley is the choice of the Assembly for United States Senator for California, to succeed the Hon. Aaron A. Sargent. By Mr. Tuttle: RESOLUTION. Resolved, That the Clerk forthwith inform the Senate of the vote for United States Senator in this House, and that the Senate be requested to meet in the Assembly Chamber to-morrow, December nineteenth, eighteen hundred and seventy-seven, in joint assembly, for the purpose of electing a United States Senator, pursuant to an Act of Congress entitled an Act to regulate the time and manner of holding elections for Senators in Congress, approved July twenty-fifth, eighteen hundred and sixty-six. Adopted. SENATE MESSAGES. The following messages were received from the Senate: SENATE CHAMBER, SACRAMENTO, December 14th, 1877. MR. SPEAKER: I am directed to inform your honorable body that the Senate, on the eleventh day of December, eighteen hundred and seventy-seven, passed Senate Bill No. 17-An Act to ascertain and express the will of the people of the State of California upon the subject of Chinese immigration-under a suspension of the rules, and the same is transmitted herewith. Also passed, under suspension of the rules, Senate Bill No. 43-An Act to provide for the construction of the Casitas Pass road, in the County of Ventura-and the same is transmitted herewith. G. SECKEL, Assistant Secretary. SENATE CHAMBER, SACRAMENTO, December 14th, 1877. MR. SPEAKER: I am directed to inform your honorable body that the Senate, on the eleventh day of December, eighteen hundred and seventy-seven, passed Senate Joint Resolution No. 5— Relative to Chinese immigration-and the same is transinitted herewith. G. SECKEL, Assistant Secretary. SENATE CHAMBER, SACRAMENTO, December 17th, 1877. MR. SPEAKER: I am directed to inform your honorable body that the Senate, on this day, received a message from the Governor, transmitting the Fourth Biennial Report of the Board of Park Commissioners of the City and County of San Francisco, which was ordered printed; and, there being but one copy, the Senate was requested to notify the Assembly of its receipt. G. SECKEL, Assistant Secretary. SENATE CHAMBER, SACRAMENTO, December 18th, 1877. MR. SPEAKER: I am directed to inform your honorable body that the Senate, on this day, have adopted Senate Concurrent Resolution No. 14-Providing for an adjournment of the Senate and Assembly until the third day of January, eighteen hundred and seventy-eight. MR. SPEAKER: I am directed to inform your honorable body that the Senate, on the seventeenth instant, under suspension of the rules, passed Senate Bill No. 2-entitled an Act to limit and fix the rates of fare on street railroads in cities and towns of more than one hundred thousand inhabitants. P. H. DUNN, Assistant Secretary. CONSIDERATION OF SENATE MESSAGES. Senate Bill No. 17, above reported, read first and second times, rules suspended, and, upon the third reading, Mr. Anderson offered the following amendment: Amend by inserting the word "special" after the word "or," in line twelve. Amendment adopted, the bill read third time, and passed. Senate Bill No. 43, above reported, read first and second times, and referred to the Santa Barbara and Ventura delegations. Senate Joint Resolution No. 5, above reported, read first and second times, and referred to the Committee on Federal Relations. Senate Concurrent Resolution No. 14, above reported, read_first and second times, rules suspended, read third time, and adopted. Senate Bill No. 2, above reported, read first and second times, and referred to the San Francisco delegation. NOTICES. By Mr. Pauly: I hereby give notice that I will, to-morrow, introduce the following resolution: Resolved, That the Sergeant-at-Arms be instructed to have the minutes of each day's session printed and placed upon the desks of the members of the Assembly the following morning, and that further reading of the minutes be dispensed with, save when specially desired for correction. By Mr. De Witt: I hereby give notice that I will, on to-morrow, introduce a bill to amend sections five hundred and thirty-seven and five hundred and thirty-eight of the Code of Civil Procedure. INTRODUCTION OF BILLS. By Mr. Berry-An Act to validate the assessment and assessment roll for State and county taxes in the County of Sutter, for the fiscal year commencing in March, eighteen hundred and seventy-seven. Read first and second times, and referred to the Sutter delegation. By Mr. Berry-An Act to legalize and enforce the collection of a district school tax, and to render lawful the acts of the Board of Trustees of the North Butte School District, pursuant to an election held there. Read first and second times, and referred to the Sutter delegation. By Mr. Ames-An Act to fix the terms of the several Courts of record in the County of San Mateo. Read first and second times, and referred to the San Mateo delegation. By Mr. May--An Act to amena section three thousand seven hundred and sixty-four of the Political Code. Read first and second times, and referred to the San Francisco delegation. By Mr. Hart-An Act to amend an Act to protect agriculture and to prevent the trespassing of animals in Tehama County. Read first and second times, and referred to the Committee on Agriculture. By Mr. Swift-An Act to repeal an Act entitled an Act to confer further powers on the Superintendent of Public Streets, Highways and Squares in the City and County of San Francisco, approved March twenty-eighth, eighteen hundred and seventy-six. Read first and second times, and referred to the San Francisco delegation. By Mr. Swift-An Act to amend the Civil Code, relative to water rights and the appropriation of waters. Read first and second times, and referred to Committee on Irrigation. By Mr. Johnson-An Act to amend section three thousand four hundred and eighty-one of the Political Code. Read first and second times, and referred to the Committee on Swamp and Overflowed Lands. By Mr. Johnson-An Act to provide for the repairing of the sewers of Sacramento City. Read first and second times, and referred to Sacramento delegation. By Mr. Johnson-An Act to repeal an Act entitled an Act to restrict sheep from being herded or running at large in Sacramento County, approved March fourteenth, eighteen hundred and seventysix. Read first and second times, and referred to Sacramento delegation. By Mr. Dinniene-An Act to amend section sixty of the Civil Code. Read first and second times, and referred to the Judiciary Committee. By Mr. Tuttle-An Act to amend an Act entitled an Act to establish a Political Code, approved March twelfth, eighteen hundred and seventy-two. Read first and second times, and referred to Committee on Ways and Means. By Mr. Tuttle-An Act for the relief of Julius Blume. Read first and second times, and referred to the Committee on Claims. By Mr. Moffat-An Act to authorize the Board of Supervisors of Mono County to issue bonds for the establishment of a wagon road from Antelope Valley to Dexter's Mills, in said county. Read first and second times, and referred to Mono delegation. By Mr Whitlock-An Act to amend an Act to create the Twentyfirst Judicial District. Read first and second times, and referred to the Judiciary Committee. By Mr. Breen-An Act to amend section three thousand seven. |