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CALIFORNIA LEGISLATURE-ASSEMBLY.

TWENTY-SECOND SESSION.

IN ASSEMBLY.

HOUSE OF ASSEMBLY,

Monday, December 3d, 1877.}

Pursuant to law the House was called to order at twelve o'clock M., by the Hon. Robert Ferral, Chief Clerk of the twenty-first session.

The roll of members, as returned by the Secretary of State, was called by C. W. O'Neil, Assistant Clerk of the last session, and a quorum found to be present.

Mr. Dixon presented a resolution, as follows:

WHEREAS, The County Clerks of several counties have failed to present the certificates of election to members of the Assembly elect from various counties, through ignorance or misconstruction of the requirements of the law; therefore, be it

Resolved, That all members returned as elected to the Secretary of State, and whose names appear upon the roll call, be sworn in, and be entitled to their seats upon the floor of this House.

Adopted.

The roll of counties was called, and the following gentlemen appeared and were duly qualified, by taking the following oath, which was administered by Hon. E. W. McKinstry, Associate Justice of the Supreme Court:

I do solemnly swear that I will support the Constitution of the United States and the State of California, and that I will faithfully discharge the duties of the office of Assemblyman, according to the best of my ability, so help me God.

NAMES OF ASSEMBLYMEN.

Abbott, C. S., Monterey County; Allen, Charles D., Marin County; Adams, W.S., Tulare and Kern Counties; Anderson, W.F., San Francisco; Asmussen, W., San Francisco; Ames, J. P., San Mateo County; Brooks, Max., Butte County; Blackwell, S.L., Nevada County; Breen, J.F., San Benito County; Berry, C. P., Sutter County; Byington, Lewis, Sierra County; Barstow, George, San Francisco: Blake, Seth B., San Francisco; Broderick, William, San Francisco; Backus, Samuel W., San Francisco; Coffey, James V., San Francisco; Conroy, M. C., San Francisco; Connolly, James E., San Francisco; Dixon, M. W., Alameda County; Dunlap, Thomas, Amador County; Dorsey, Caleb, Stanislaus County; Dare, J. T., Solano County; DeWitt, W. M., Yolo County; Dinniene, John H., San Francisco; Ellis, Asa, Los Angeles County; Ewing, Andrew, Mariposa and Merced Counties; Farnum, John E., Alameda County; Forsyth, W. K., San Francisco Garver, Michael, Nevada County; Giffen, George W., Nevada County; Griffith, A. J., San Francisco, Gough, Charles H., San Francisco; Gildea, Charles, San Francisco; Hart, T. J., Tehama and Colusa Counties; Holloway, J. B., Los Angeles County; Haile, R. C., Solano County; Hinshaw, E. C., Sonoma County; Hanna, William, Santa Clara County; Hugg, B. P., Yuba County, Hicks, John A., San Francisco; Haworth, James, San Francisco; Johnson, Grove L., Sacramento County; Kercheval, Reuben, Sacramento County; Ludgate, Robert, Amador County; Long, L. F., Mendocino County; McClure, R. H., Alameda County; Murphy, J. E., Del Norte County; Miller, J. H., El Dorado County; Mace, R. P., Fresno County; McComas, Rush, Santa Clara County; Meyers, Samuel, San Joaquin County; Montague, J. C., Trinity and Shasta Counties; May, W. B., San Francisco; Murphy, R. W., San Francisco; Nealley, Gilbert H., Butte County; Nott, S. A., El Dorado County; Ostrom, D. A., Yuba County; Pauly, Fred N., San Diego County; Pace, George, Santa Cruz County; Russ, Joseph, Humboldt County; Routier, Joseph, Sacramento County; Robertson, P. C., Modoc and Siskiyou Counties; Sargent, R. C., San Joaquin County: Sherman, Caleb, Santa Barbara and Ventura Counties; Smyth, Edward, Tuolumne County; Tuttle, B. F., Sonoma County; Thompson, R. B., San Joaquin County; Tobin,

J. J., San Francisco; Upton, C. W., Santa Clara County; Warden, L. M., San Luis Obispo County; Waters, Byron, San Bernardino County; Welch, S. K., Lake County; Wheat, A. R., Calaveras County; Whitlock, J. H., Plumas and Lassen Counties; Wilson, M. C., Placer County; Young, Albert J., Contra Costa County.

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Resolved, That the standing rules of the last session of the Assembly be and the same are hereby adopted until a permanent organization shall have been effected.

Mr. Ostrom offered the following amendment:

Resolved, That until permanent organization is effected, the rules of the last House be adopted.

Mr. Gildea moved the following substitute, which was adopted :

Resolved, That the standing rules of the twenty-first session be adopted until otherwise ordered by this House.

ADJOURNMENT.

At twelve o'clock and twenty-five minutes P. M., Mr. Gildea moved that this House do now adjourn until twelve o'clock m. to-morrow.

Mr. Ostrom offered an amendment, as follows: "That this House do now adjourn until one o'clock P. M. to-morrow."

Adopted.

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House met pursuant to adjournment.
Hon. Robert Ferral, Chief Clerk of the last session, presiding.
Roll called, and a quorum present.

The Chief Clerk requested those members who were not present on yesterday to take the oath of office to come forward.

Accordingly, J. H. Mayfield of Napa, C. H. Cooley of Sonoma, and S. B. Moffat of Inyo, proceeded to Clerk's desk, where the oath of office prescribed by the Constitution was administered by Justice Crockett of the Supreme Court.

The minutes of yesterday read and approved.

ELECTION OF SPEAKER.

Mr. Gildea nominated C. P. Berry. Mr. McComas nominated C. S. Abbott. The roll was called, and Mr. Berry declared duly elected Speaker of the Assembly for the twenty-second session, by the following vote:

For Berry-Messrs. Abbott, Adams, Anderson, Asmussen, Barstow, Blackwell, Breen, Broderick, Byington, Coffey, Connolly, Dare, De Witt, Dinniene, Dixon, Dorsey, Dunlap, Ewing, 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, Welch, Wheat, and Young—55.

For Abbott-Messrs. Allen, Ames, Backus, Berry, Blake, Brooks, Conroy, Cooley, Farnum, Forsyth, Johnson, Kercheval, May, McComas, Meyers, Murphy of San Francisco, Pauly, Routier, Russ, Sargent, Whitlock, and Wilson--23.

Mr. Ostrom moved that a committee of three be appointed to conduct the Speaker elect to the Chair.

Adopted.

The Chief Clerk appointed as such committee Messrs. Ostrom, Gildea, and Abbott.

The committee conducted the Speaker to the Chair, when the oath of office was administered by Justice Crockett of the Supreme Court.

The Speaker addressed the Assembly, as follows:

GENTLEMEN OF THE ASSEMBLY: I highly appreciate this expression of your confidence, and my only fear is that I shall not meet your expectations. I know I cannot discharge the responsible duties of Speaker, nor preside over your deliberations successfully, and maintain that order and decorum so necessary to the dispatch of business, without your hearty cooperation and assistance; but this, I feel assured, you will give me. I would have you ever remember that “to err is human.". You may, therefore, expect me to err many times. I crave your patience and forbearance, and promise you all errors shall be of the head and not of the heart. It will require a few days for me to familiarize myself with all the parliamentary forms and to become acquainted with all your names and localities; until then, I shall have to call upon you for such information.

Gentlemen, we have but one object here: that is to serve the people, to perform the duties assigned us in accordance with the Constitution of our commonwealth. You, gentlemen of the metropolis, are not here to represent San Francisco alone. The interior has claims for your consideration. The interior is the bone and sinew of your prosperity, and needs your fostering care. And you, gentlemen of the interior—the valleys and agricultural districts—let not your jealousy nor antagonism be aroused against our Bay City, because of her weal and her influence. Her commercial prosperity is our gain, pride, and glory. Her rapid growth, diversified interests, and cosmopolitan population render it a difficult matter to frame appropriate legislation to meet her varied wants. Conflicting opinions and dissensions in her own delegation will many times leave you gentlemen of the interior to decide her most important legislation. Hence she should not be an object of your jealousy or antagonism.

Gentlemen from the mountains and mining districts, look not down upon us from your mountain homes as strangers. You are our indispensable and mighty factor in the common prosperity. We gladly receive the stream of your golden treasure you are constantly pouring down upon us in exchange for the products of our soil, the skill of our artisans, and the luxuries of our commerce. We are all bound together in mutual interest and linked in common prosperity. We meet in this chamber upon perfect equality, to legislate for the whole people. We are, each and every one, a representative of the entire State, and not alone of the immediate locality from which we hail. "If we keep this fact ever before us, it will aid us very materially in a correct understanding of our duties and responsibilities.

In view of the fact that a Constitutional Convention has been called, and in view of the additional facts that the people are afflicted with too much rather than suffering from want of legislation, and are laboring under a burdensome taxation, they expect at our hands a short and economical session. We can only meet this just and reasonable expectation by using industry, application, and great care in disbursing the public funds. We should give every measure presented thorough investigation, and then take immediate action, and not waste the people's money in needless delay.

There are some measures that will be presented that in a special manner will demand our most careful consideration, such as involve taxation, the management of corporations, irrigation and reclamation schemes, and the debritus from hydraulic mines. These questions not only bear upon the centers of population, but they affect the remotest extremes. These are questions which affect not only our present but our future prosperity. Again, there are mutterings of discontent throughout our land, and from the Atlantic to the Pacific there are sentiments, which seem to be crystalizing, which threaten the very foundations of society. Men's mouths are filled with complaints, bitter words and cursings, and deeds already committed show an earnestness of purpose. Indications point to a general conflict of capital and labor. within our reach as legislators which are augmenting this discontent, it is our duty to right those wrongs promptly, and it should be our especial care to see that no class or privileged legislation is granted at our hands by which an injustice would be done to any portion of our citizens.

The important duty of selecting a man to represent the commonwealth of California in the Senate of the United States devolves upon us. Let us perform that duty without delay, in order that other matters demanding our attention may not be hindered. We should choose a man of undoubted ability, sterling integrity, and an earnest worker in the interest of the masses; one who would command respect in the United States Senate, prove an honor to himself, and a blessing to our State.

Gentlemen, I thank you for the honor you have conferred upon me. I am now ready to proceed with the organization of the House.

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The Secretary of the Senate appeared at the bar of the House with a message, announcing the organization of that body.

ELECTION OF SPEAKER PRO TEM.

Mr. Broderick nominated J. E. Murphy. Mr. Forsyth nominated S. H. Backus. The roll was called, with the following result: For MurphyMessrs. Adams, Anderson, Asmussen, Backus, Barstow, Berry, Blackwell, Broderick, Byington, Coffey, Connolly, Dare, De Witt, Dinniene, Dixon, Dorsey, Dunlap, Ewing, Garver, Giffin, Gildea, Gough, Griffith, Haile, Hanna, Hart, Haworth, Hicks, Hinshaw, Holloway, Hugg, Long, Ludgate, Mace, Mayfield, Miller, Moffat, Montague, Nealley, Nott, Ostrom, Pace, Robertson, Sherman, Smyth, Thompson, Tobin, Tuttle, Upton, Warden, Waters, Welch, Wheat, Wilson, and Young-55.

For Backus—Messrs. Abbott, Allen, Ames, Blake, Breen, Brooks, Conroy, Cooley, Farnum, Forsyth, Johnson, Kercheval, May, McClure, McComas, Meyers, Murphy of Del Norte, Murphy of San Francisco, Pauly, Routier, Russ, Sargent, and Whitlock-23.

Mr. Murphy, having received a majority of all the votes cast, was duly declared elected Speaker pro tem.

CHIEF CLERK.

Mr. Anderson nominated R. C. Page.
Mr. Wilson nominated Frank Adams.

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