The rules were suspended, the bill considered engrossed, read third time, and passed.

Title approved.

GENERAL FILE RESUMED.

Assembly Bill No. 142-An Act to amend section one hundred and eighteen of the Penal Code, and to repeal section one hundred and twenty-three of said Code.

Placed at the head of the file for January twenty-second, eighteen hundred and seventy-eight.

Assembly Bill No. 148-An Act fixing the salary of the County Treasurer of the County of Inyo.

Passed on file.

SPECIAL ORDERS.

On motion of Mr. Murphy of Del Norte, the special orders set for two o'clock and thirty minutes P. M. this day, were taken up (two o'clock P. M.):

Assembly Concurrent Resolution No. 27-Relative to printing the Governor's message in Spanish.

Read third time, and adopted.

Assembly Bill No. 136-An Act to amend sections seven hundred. and fifty-two, seven hundred and fifty-three, seven hundred and fifty-four, and seven hundred and fifty-six of the Political Code.

Mr. Hart moved to amend by striking out sections one and four of the bill.

Pending the discussion of the motion, the previous question being moved by the requisite number, it was so ordered by the House.

The question recurring upon the adoption of amendment offered by Mr. Hart, the ayes and noes were demanded by the requisite number. The roll was called, and the amendment rejected by the following vote:

AYES-Messrs. Ames, Blackwell, Breen, Brooks, Ewing, Hart, Kercheval, Murphy of Del Norte, Nott, Routier, Sargent, Welch, Wheat, and Whitlock-14.

NOES-Messrs. Abbott, Adams, Allen, Anderson, Asmussen, Backus, Blake, Broderick, Coffey, Conroy, Cooley, Dare, De Witt, Dinniene, Dorsey, Dunlap, Ellis, Farnum, Garver, Giffen, Gildea, Gough, Griffith, Haile, Hanna, Haworth, Hicks, Hinshaw, Holloway, Hugg, Johnson, Mace, May, McClure, McComas, Meyers, Miller, Montague, Murphy of San Francisco, Ostrom, Pauly, Robertson, Russ, Sherman, Smyth, Swift, Thompson, Tobin, Tuttle, Warden, Waters, Wilson, Young, and Mr. Speaker-54.

The bill was then ordered engrossed.

RESOLUTION.

By Mr. Meyers (by permission):

Resolved, That when this House adjourns it adjourn to meet at eight o'clock P. M. of this day, the Speaker in the chair, to hear the lecture of George Davidson, Esq., upon the subject of irrigation; that the roll be not called, or any other proceedings be had, except the introduction of the lecturer to the Senators and Members present by the Speaker.

Mr. Murphy of Del Norte moved to lay the resolution on the table. Lost.

Pending the discussion of the resolution, at three o'clock and fortytwo minutes P. M., Mr. Dare moved to adjourn.

The question being upon adjournment, the ayes and noes were. demanded by Messrs. Gildea, Meyers, and Haile.

Mr. Dare withdrew his motion to adjourn.

The question recurring upon the adoption of the resolution, Mr. Murphy of Del Norte rose to a point of order, his point being that no one has a right to address the members as a body except a member.

The Speaker ruled that the point of order was well taken.

ADJOURNMENT.

'At three o'clock and forty-seven minutes P. M., Mr. Johnson moved that the House adjourn till half-past seven this evening.

Mr. Nott moved to amend by striking out "half-past seven" and inserting the words "eleven o'clock to-morrow."

The question being upon adjournment till to-morrow at eleven. o'clock, the ayes and noes were demanded by the requisite number. The roll was called, and the House adjourned until eleven o'clock to-morrow, by the following vote:

AYES-Messrs. Ames, Asmussen, Blackwell, Breen, Broderick, Brooks, Coffey, Dare, DeWitt, Dinniene, Dorsey, Dunlap, Giffen, Gough, Griffith, Hanna, Hart, Hicks, Holloway, Kercheval, May, McComas, Miller, Murphy of Del Norte, Nott, Ostrom, Pace, Routier, Russ, Smyth, Tuttle, Warden, Waters, Welch, Wheat, Whitlock, Young, and Mr. Speaker-38.

NOES-Messrs. Abbott, Adams, Allen, Anderson, Backus, Blake, Conroy, Cooley, Ellis, Ewing, Farnum, Garver, Gildea, Haile, Haworth, Hinshaw, Hugg, Johnson, Mace, McClure, Meyers, Montague, Murphy of San Francisco, Robertson, Sargent, Sherman, Swift, Thompson, Tobin, and Wilson-30.

IN ASSEMBLY.

ASSEMBLY CHAMBER,

WC 1878.}

Wednesday, January 16th, 1878.

House met pursuant to adjournment.

Speaker in the chair.

Roll called, and a quorum present.

Prayer by the Chaplain.

Journal of yesterday read and approved.

PETITION.

By Mr. Ewing-From citizens of Merced and Mariposa Counties, relative to an appropriation for the improvement of State property in the Yosemite Valley.

Referred to the Special Committee on Yosemite.

REPORTS OF STANDING COMMITTEES.

By Mr. Haile:

ASSEMBLY CHAMBER,

SACRAMENTO, January 16th, 1878.

MR. SPEAKER: Your Committee on Education, to whom was referred Senate Bill No. 45An Act to amend an Act entitled an Act authorizing the Trustees of San Buenaventura School District, of the County of Santa Barbara, in this State, to issue bonds for said district, for the

sum of ten thousand dollars, approved March sixteenth, eighteen hundred and seventy-twohave had the same under consideration, and report it back, with amendments, and recommend the passage of the bill as amended.

By Mr. Young:

ASSEMBLY CHAMBER,

HAILE, Chairman.

}

SACRAMENTO, January 16th, 1878.

MR. SPEAKER: Your Committee on Engrossment have examined, and find correctly engrossed, Assembly Bill No. 63-An Act to provide for repairing the sewers of Sacramento City. Also, Assembly Bill No. 25-An Act to amend sections two thousand five hundred and sixtyseven and two thousand five hundred and sixty-eight of the Political Code.

Also, Assembly Bill No. 190-An Act to authorize the Common Council of the City of Oakland to appoint a Deputy City Marshal of said city.

Also, Assembly Bill No. 67-An Act for the relief of Julius Blume.

Also, Assembly Bill No. 98-An Act making appropriations for deficiencies in the twentyseventh, twenty-eighth, and twenty-ninth fiscal years.

Also, Assembly Bill No. 110-An Act to authorize the County Treasurer of El Dorado County to pay Edward Hunt the sum of two hundred dollars out of the School Fund of said county.

By Mr. Ostrom:

YOUNG, Chairman.

1878.}

ASSEMBLY CHAMBER,
SACRAMENTO, January 16th, 1878.

MR. SPEAKER: Your Committee on Claims, to whom was referred Senate Bill No. 69-An Act to pay the claim of C. H. Krebs-have had the same under consideration, and report it back, with the recommendation that it do pass.

OSTROM, Chairman.

On motion of Mr. Warden, Assembly Bill No. 141 was made the special order for two o'clock P. M. to-day.

By Mr. Farnum:

REPORT OF SPECIAL COMMITTEE.

MR. SPEAKER: The delegation to whom was referred Senate Bill No. 71-An Act entitled an Act to ratify and confirm an ordinance of the City of Oakland, entitled "An ordinance abandoning certain streets in East Oakland," approved May twentieth, eighteen hundred and seventy-six-have had the same under consideration, and report the same back, and recommend its passage.

FARNUM, for the Delegation.

INTRODUCTION OF BILLS.

By Mr. Hart-An Act to amend an Act entitled an Act relative to the powers of the Board of Supervisors of the Counties of Yolo and Solano, approved March twenty-fifth, eighteen hundred and seventyfour.

Read first and second times, and referred to the Committee on Swamp and Overflowed Lands."

By Mr. Dinniene-An Act to authorize the Board of Supervisors of the City and County of San Francisco to open Sixteenth Street, in said city and county, from the westerly line of Guerrero Street to the easterly line of Church Street, and to condemn property for the roadway of said street.

Read first and second times, and referred to the San Francisco delegation.

MESSAGES FROM THE SENATE.

The following messages were received from the Senate:

MR. SPEAKER: I am directed to inform your honorable body that the Senate, on this day, adopted Senate Resolution No. 80-In regard to Senate Bill No. 18.

MR. SPEAKER: I am directed to inform your honorable body that the Senate, on this day, received from his Excellency, the Governor of California, messages transmitting to the Legislature the reports of the State Land Commissioners; also, the supplementary report of the Commissioners of Transportation to the Legislature of the State of California, upon the subject of freights and fares, with the request that the Assembly be advised of their receipt.

R. SHOEMAKER, Secretary.

SENATE CHAMBER,

SACRAMENTO, January 15th, 1878.

MR. SPEAKER: I am directed to inform your honorable body that the Senate, on this day, passed Senate Bill No. 42-An Act to amend section one hundred and thirteen of the Code of Civil Procedure, so as to change the time for the election of Justices of the Peace.

Also, Senate Bill No. 49-An Act entitled an Act to amend section one thousand six hundred and twenty-four of the Civil Code.

Also, Senate Joint Resolution No. 13-In reference to fixing the days for election of Presidential Electors and for the casting of their votes for President.

Also, Assembly Concurrent Resolution No. 6-Relative to a new Post-office in San Francisco. Also, Assembly Concurrent Resolution No. 13-Relative to increased postal facilities for the City of Oakland.

Also, Assembly Bill No. 7-An Act to authorize the Trustees of the Lower Lake School District, of Lake County, to issue bonds to pay for the Nichols' School building.

Also, Assembly Bill No. 104-An Act to amend section five of an Act entitled an Act to reorganize the Board of Supervisors of San Luis Obispo County, and to provide for the election of the same.

Also, Assembly Bill No. 54-An Act to prevent hogs and goats from running at large within the limits of the Town of Weaverville, Trinity County, California.

Also, Assembly Bill No. 79-An Act to legalize the incorporation of the Town of Anaheim. Also, Assembly Bill No. 3-An Act to regulate fees and fix the salaries and compensation of certain officers for the County of Colusa. G. SECKEL, Assistant Secretary.

CONSIDERATION OF SENATE MESSAGES.

Following Senate resolution was taken up and adopted.

Resolved, That the Assembly be requested to return to the Senate Senate Bill No. 19.

Senate Bill No. 42, above reported, taken up, read first and second times, and referred to the Judiciary Committee.

Senate Bill No. 49, read first and second times, and referred to the Judiciary Committee.

Senate Joint Resolution No. 13, read first and second times, and referred to Committee on Federal Relations.

REPORT FROM SPECIAL COMMITTEE.

By Mr. Holloway (by permission):

MR. SPEAKER: The Los Angeles delegation, to whom was referred Senate Bills Nos. 39 and 40, beg leave to report that they have considered the same, and report them back with recommendations that the same be passed.

ELLIS,

HOLLOWAY, Delegation.

REPORT FROM STANDING COMMITTEE.

By Mr. Coffey (by permission):

SACRAMENTO, January 16th, 1878.

MR. SPEAKER: The San Francisco delegation, to whom was referred Assembly Bill No. 120— An Act declaratory of and supplementary to an Act entitled an Act to authorize the City and County of San Francisco to provide and maintain public water-works for said city and county, and to condemn and purchase private property for that purpose, approved March twentyseventh, eighteen hundred and seventy-six-report the same back with amendments, and recommend its passage as amended. Seventeen members present and voting.

The delegation also request that the rules of the Assembly be suspended, and the bill be considered engrossed, read third time, and placed upon its passage.

Also, Assembly Bill No. 193-An Act to ratify and confirm certain orders and resolutions of the Board of Supervisors of the City and County of San Francisco, relative to street work on Montgomery Avenue-report the same back, and recommend its passage. Sixteen members present and voting.

Also, Assembly Bill No. 134-An Act to amend an Act to provide for the support of the common schools of the City and County of San Francisco, and to define the duties and powers of the Board of Education thereof, approved April first, eighteen hundred and seventy-two-report the same back, and recommend that the author have leave to withdraw it.

Also, the delegation asks for further time to report upon the following bills: Nos. 1, 8, 9, 10, 153, 60, 75, 81, 128, 82, 83, 99, 100, 113, 121, 116, 119, 124, 129, 139, and 114.

J. V. COFFEY, Chairman San Francisco Assembly Delegation.

Assembly Bill No. 120, above reported, taken up, amendments adopted, rules suspended, considered engrossed, read third time, and passed.

Title approved.

Mr. Barstow had leave to withdraw Assembly Bill No. 134, as recommended in the above report.

Further time was granted to the San Francisco delegation to report upon Bills Nos. 1, 8, 9, 10, 153, 60, 75, 81, 128, 82, 83, 99, 100, 113, 121, 116, 119, 124, 129, 139, and 114.

RESOLUTION.

By Mr. Swift (by permission):

Resolved by the Assembly, the Senate concurring, That a joint committee be appointed, of five from each House, to consider the subject of providing for calling a Constitutional Convention, to which committee all bills introduced into the Senate and Assembly for that purpose shall be referred, and said committee is hereby instructed to report, at an early day in the session, a bill providing for the calling, electing, and holding such Convention.

Mr. Murphy of Del Norte moved the reference of the resolution to the Judiciary Committee.

Upon the question of reference, the ayes and noes were demanded by Messrs. Haile, Ostrom, and Holloway.

The roll was called, and when the name of Mr. Anderson was reached that gentleman arose in his seat and asked to be excused from voting. He was excused by a vote of the House.

The roll was then called, and the motion to refer to the Judiciary Committee lost by the following vote:

AYES-Messrs. Ames, Asmussen, Breen, Broderick, Brooks, Coffey, Dinniene, Dorsey, Dunlap, Ellis, Giffen, Griffith, Hugg, Johnson, McClure, Murphy of Del Norte, Sherman, and Warden-18. NOES-Messrs. Abbott, Adams, Allen, Backus, Barstow, Blackwell, Blake, Conroy, Cooley, Dare, DeWitt, Ewing, Farnum, Garver, Gildea, Gough, Haile, Hanna, Hart, Haworth, Hicks, Hinshaw, Holloway, Kercheval, Mace, May, Mayfield, McComas, Meyers, Miller, Montague, Murphy of San Francisco, Nott, Ostrom, Pace, Pauly, Robertson, Routier, Sargent, Smyth, Swift, Thompson, Tobin, Tuttle, Waters, Welch, Wheat, Whitlock, Wilson, Young, and Mr. Speaker-51.