ON FINANCE. SENATE CHAMBER, SACRAMENTO, January 19, 1905. MR. PRESIDENT: Your Committee on Finance has had referred to it— Senate Bill No. 65-An Act to appropriate money for the purchase by the State of Fort Humboldt, in the County of Humboldt, State of California. We have had the same under consideration, and respectfully report the same back, and recommend that its author be permitted to withdraw it. BELSHAW, Chairman. Senate Bill No. 65 ordered on file for second reading. SENATE CHAMBER, SACRAMENTO, January 19, 1905. MR. PRESIDENT: Your Committee on Finance has had referred to itSenate Bill No. 94-An Act to provide for the payment of the claim of John F. Forward, County Recorder, San Diego County, for recording tax deeds to the State of California, and making appropriation therefor. We have had the same under consideration, and respectfully report the same back, and recommend that it do pass as amended. BELSHAW, Chairman. Senate Bill No. 94 ordered on file for second reading. SENATE CHAMBER, SACRAMENTO, January 19, 1905. MR. PRESIDENT: Your Committee on Finance has had referred to it Senate Bill No. 221-An Act to amend Section 575 of the Political Code and to provide for the appointment of a statistician, a clerk, and stenographer, and a text-book clerk for the Superintendent of Public Instruction, and to fix their compensation. We have had the same under consideration, and respectfully report the same back, and recommend that it do pass. BELSHAW, Chairman. Senate Bill No. 221 ordered on file for second reading. WITHDRAWAL OF BILL. Senator Selvage asked for and was granted unanimous consent to withdraw Senate Bill No. 65. Senate Bill No. 65 withdrawn, and ordered stricken from the file. REPORTS OF STANDING COMMITTEES (RESUMED). ON RULES. SENATE CHAMBER, SACRAMENTO, January 19, 1905. To the President and members of the Senate: Your Committee on Rules have the honor to report that at a joint session of this committee and the Assembly Committee on Rules and Regulations, the following Joint Rules were formulated, and your committee now recommend that they be adopted by the Senate, and that they shall go into effect when adopted by both Houses: JOINT RULES. I-Joint Address to Governor. When the Senate and Assembly shall judge it proper to make a joint address to the Governor, it shall be presented to him in his audience chamber by the President of the Senate, in the presence of the Speaker of the House and a select committee of nine (9), members, appointed for that purpose from each House. II-Bill or Resolution in one House, Rejected in the Other, Requires Notice. When a bill or resolution which shall have passed one House is rejected by the other, notice thereof shall be given immediately to the House in which the same shall have passed. III-Each House to Transmit Papers. Each House shall transmit to the other papers on which any bill or resolution shall be founded. IV-Joint and Concurrent Resolutions. Joint resolutions are those which relate to matters connected with the Federal Government. All other resolutions relating to matters to be treated by both Houses of the Legislature are concurrent resolutions. V-Joint Resolutions Treated as Bills. All joint resolutions shall be treated in all respects as bills; except that all joint resolutions shall be read but one time in each House. VI-Amendments to Amended Bills Must be Attached. Whenever a bill or resolution which shall have been passed in one House shall be amended in the other, such amendment or amendments shall be attached to the bill or resolution so amended, and indorsed "Adopted," and such amendment or amendments, if concurred in by the House in which such bill or resolution originated, shall be indorsed "Concurred in," and such indorsement shall be signed by the Secretary or Assistant Secretary of the Senate, or the Clerk or Assistant Clerk of the Assembly, as the case may be. VII-Bills Read and Referred to Committee. When a Senate bill has been received by the Assembly, or an Assembly bill by the Senate, with a message announcing that the same has passed the Senate or Assembly, such bill shall be read the first time by the Secretary or Clerk and referred to a standing committee. VIII-Special File. After the 1st day of February, 1905, the Senate and Assembly shall adopt and provide a special file upon which shall be placed: In the Senate, only Assembly bills that have passed the Assembly; and in the Assembly, only Senate bills that have passed the Senate. Such special file shall be taken up at two o'clock P. M. of each day, and be considered at least one hour and a half after being so taken up. This rule shall not be suspended in either House except by a three fourths vote of such House. IX-Bills Not to be Printed for Engrossment Unless Amended. Unless bills have been amended they shall not be again printed for engrossment, but the Engrossing Clerk shall use a copy of original printed bill in an engrossed bill cover, and report same back immediately after comparing same. X-After a Bill has been Passed by the Senate or Assembly. When a bill (if it be a Senate bill) has been received from the Senate by the Assembly, after its passage, or (if it be an Assembly bill) has been received from the Assembly by the Senate, after its passage, it shall be taken up by the Senate or Assembly, as the case may be, under the regular order of business ("Senate Messages" or "Assembly Messages"), read the first time, and shall then be assigned to the proper committee, Who shall act upon the same as soon as practicable, and report the same back to the Senate or Assembly forthwith, and the chairman of each committee is charged with the observance of this rule, provided that the Senate or the Assembly may, at any time, order such bill reported back from any committee by a majority vote. XI-To Concur or Refuse to Concur in Amendments. In case the Senate amend and pass an Assembly bill, or the Assembly amend and pass a Senate bill, the Senate (if it be a Senate bill) or the Assembly (if it be an Assembly bill) must either "concur" or "refuse to concur" in the amendments. XII-When Amendments are Concurred In. If the Senate concur (if it be a Senate bill), or the Assembly concur (if it be an Assembly bill), the Secretary or Clerk shall notify the House making the amendments, and the bill shall be ordered to enrollment. XIII-When Senate or Assembly Refuse to Concur. If the Senate refuse to concur (if it be a Senate bill), or the Assembly refuse to coneur (if it be an Assembly bill), the Secretary or Clerk shall notify the House making the amendments of the action taken, and ask that they recede from their amendments. If they refuse to recede, a Committee on Conference shall be appointed, consisting of six members, three to be appointed by the President of the Senate and three by the Speaker of the Assembly. The Committee on Conference shall report to both the Senate and Assembly. XIV-Committee on Conference. In every case of an amendment of a bill agreed to in one House and dissented from in the other, if either House shall request a conference and appoint a committee to Confer, the other House shall appoint a like committee; and such committee shall meet at a convenient hour, to be agreed upon by the respective committees. XV-Committee on Free Conference. If the Committee on Conference fail to agree, or either the Senate or Assembly refuse to adopt the report of the committee, it shall then be in order to appoint a Committee on Free Conference. A Committee on Free Conference shall consist of six members, to be appointed in the same manner as a Committee on Conference. The Committee on Free Conference are hereby empowered to suggest in their report any new amendments which they may adopt as a committee, and such amendments made by such committee shall be attached to the bill. The report of the Committee on Free Conference shall not be subject to amendment in either House, and in case of non-agreement no further proceedings shall be had. XVI-When Conference Committee Report is in Order. The presentation of report of Committee on Conference or Free Conference shall always be in order, except when the Journal is being read or a question of order or a motion to adjourn is pending, or while the Senate or Assembly is dividing, or during roll call; and when received, the question of proceeding to the consideration of the report, if raised, shall be immediately passed upon, and shall be determined without debate. XVII-Messages Must be Announced by the Assistant Sergeant-at-Arms. When a message shall be sent from either House it shall be announced at the door by the Assistant Sergeant-at-Arms, and shall be respectfully communicated to the Chair by the person by whom it may be sent. XVIII-Secretary, Clerk, etc., to Carry Messages. Messages shall be sent by the Secretary, Clerk, or by such person as a sense of propriety of each House may determine to be proper. XIX-Notices to be on Paper, Under Proper Signature. Notice of the action of either House to the other shall be on paper, and under the signature of the Secretary or Clerk of the House from which such notice is to be conveyed. XX-Enrolled Bills to Receive Signature of Proper Officer. After a bill shall have passed both Houses, it shall be duly enrolled and carefully compared by the Enrolling Clerk and Enrolling Committee of the Assembly, or of the Senate, as the bill may be originated, and shall first receive the signature of the presiding officer and Clerk or Secretary of the House in which it emanated, before it shall be presented to the Governor of the State. XXI-Enrolling Committee to Compare. When bills are enrolled they shall be reëxamined by the Enrolling Committee of the House in which they originated, who shall compare the enrollment with the engrossed bill as passed in the two Houses, and, correcting any errors that may be discovered in the enrolled bill, make their report forthwith to the House in which the bill originated, stating by whom such bill was examined. XXII-President and Speaker to Sign Bills. After examination and report, each bill shall be signed in the respective Houses, first by the Speaker of the Assembly, then by the President of the Senate. XXIII-Enrolling Committee to Present Bills to Governor. After a bill shall have thus been signed in each House, it shall be presented by the Enrolling Committee of the House in which it originated to the Governor of the State for his approval (it being first indorsed on the back of the bill by the Secretary or Clerk, as the case may be, certifying in which House the bill originated). The said committee shall report the day of presentation to the Governor, which time shall be carefully entered on the Journal of the House in which the bill originated. XXIV-Daily History of Bills, etc. There shall be printed daily, by both the Senate and Assembly, a history of all bills, joint and concurrent resolutions, and constitutional amendments, which shall show the action taken by the House up to the day preceding the publication of such history. A regular form shall be prescribed, and no other form shall be used. XXV-Secretary and Clerk to Keep Register. The Secretary of the Senate and Clerk of the Assembly shall keep a register, in which shall be recorded every action taken by the Senate and Assembly on every bill, concurrent or joint resolution, or constitutional amendment. XXVI-Secretary and Clerk Shall Indorse Bills. The Secretary of the Senate and Clerk of the Assembly shall indorse on every original bill a statement of any action taken by the Senate and Assembly. XXVII-Adjournment Sine Die. An adjournment sine die shall only be made by concurrent resolution. XXVIII-Dispensing With Joint Rules. No joint rule shall be dispensed with except by vote of two thirds of each House; and if either House shall violate a joint rule a question of order may be raised in the other House and decided in the same manner as in the case of the violation of the rules of such House; and if it shall be decided that the Joint Rules have been violated, the bill involving such violation shall be returned to the House in which it originated, without further action. Or, at the option of such House, the President or Speaker may direct the Secretary or Clerk to mark the section or sections in conflict with the rules as non-concurred in or negatived. SPECIAL ORDER SET. CARTER, Chairman. On motion of Senator Belshaw, the above report of the Committee on Rules was order printed in the Journal, and the further consideration. made a special order for Friday, January 20, 1905, immediately after the reading of the Journal. REPORT OF STANDING COMMITTEE (RESUMED). ON FINANCE. SENATE CHAMBER, SACRAMENTO, January 19, 1905. MR. PRESIDENT: Your Committee on Finance has had referred to it the following Senate resolution: Resolved, That the Committees on Finance, Education, Hospitals and Asylums, Prisons and Reformatories, and Public Buildings and Grounds, be authorized to appoint s sub-committee of two each, and that said sub-committee constitute a committee, together with the Sergeant-of-Arms of the Senate, to visit such public institutions as they may deem necessary, in order that such institutions may be thoroughly inquired into and reported upon to the Senate, and that they be allowed their actual expenses while engaged in committee work and such leaves of absence as may be hereinafter determined by the Senate. We have had the same under consideration, and respectfully report the same back, and recommend that it be adopted. BELSHAW, Chairman. CONSIDERATION OF ABOVE REPORT AND RESOLUTION. The following amendment was offered: By Senator Bauer: Amend by adding "Committee on Commissions and Retrenchment to be allowed to adjourn on motion." The following substitute for the resolution and amendment was offered by Senator Ralston: Resolved, That the Committees on Finance, Education, Hospitals and Asylums, Prisons and Reformatories, and Public Buildings and Grounds, shall be, and they are tereby authorized, when they deem it necessary to have an investigation made of any State institution, the right to appoint a sub-committee of three of its members to visit such public institution, and that such sub-committee be allowed its actual expenses. Substitute read. The question being on the adoption of the substitute. The roll was called, and the substitute refused adoption by the following vote: AYE-Senators Anderson, Carter, Curtin, Irish, Ralston, Rowell, and Welch-7. NOFS Senators Bauer, Belshaw, Broughton, Coggins, Diggs, Emmons, French, Greenwell. Hahn, Haskins, Keane, Leavitt, Leeke, Lukens, Markey, Mattos, Muenter, Nelson, Pendleton, Rambo, Rush, Sanford, Savage, Selvage, Shortridge, Simpson, Ward, Wolfe, Woodward, and Wright―30. The question being on the adoption of the amendment offered by Senator Bauer. The same was adopted. The question being on the adoption of the report and resolution as amended. The roll was called, with the following result: AYES-Senators Bauer, Broughton, Coggins, Hahn, Haskins, Keane, Leavitt, Lukens, Lynch, Markey, McKee, Muenter, Nelson, Pendleton, Rush, Sanford, Savage, Selvage, Simpson, Ward, Welch, Wolfe, Woodward, and Wright-24. NOES-Senators Anderson, Belshaw, Carter, Curtin, Diggs, Emmons, French, Greenwell, Irish, Leeke, Mattos, Ralston, Rambo, Rowell, and Shortridge-15. Whereupon the President pro tem., in accordance with a ruling in the Senate on a previous day, declared that the report and resolution as amended had been refused adoption, not having received the necessary two-thirds vote of the Senate. POINT OF ORDER. Senator Pendleton made the point of order that the question before the Senate was the adoption of the resolution creating the committee and not granting it a leave of absence, the latter only, according to Rule 34, requiring a two-thirds vote. The President pro tem. declared the point of order well taken, and the report and resolution as amended adopted. SENATE CHAMBER, SACRAMENTO, January 19, 1905. MR. PRESIDENT: Your Committee on Hospitals and Asylums has had referred to it— Senate Bill No. 215-An Act to appropriate the sum of twenty-five thousand ($25,000) dollars for the erection of a workshop on the grounds of the Industrial Home of Mechanical Trades for the Adult Blind in Alameda County by the Board of Directors thereof, and provide for the payment thereof, and prescribing the duties of the Controller and the Treasurer in relation thereto. Also: Senate Bill No. 216-An Act to appropriate the sum of thirty-five thousand ($35,000) dollars for the erection of a dormitory on the grounds of the Industrial Home of Mechanical Trades for the Adult Blind in Alameda County by the Board of Directors thereof, and to provide for the payment thereof, and prescribing the duties of the Controller and the Treasurer in relation thereto. We have had the same under consideration, and respectfully report the same back, and recommend that they do pass and be referred to the Committee on Finance. MUENTER, Chairman. Senate Bills Nos. 215 and 216 referred to Committee on Finance. SENATE CHAMBER, SACRAMENTO, January 19, 1905. MR. PRESIDENT: Your Committee on Hospitals and Asylums has had referred to itSenate Bill No. 77-An Act to prohibit the sale of intoxicating liquors within a certain distance of the Mendocino State Hospital for the Insane. We have had the same under consideration, and respectfully report the same back, and recommend that it do pass as amended. MUENTER, Chairman. Senate Bill No. 77 ordered on file for second reading. SENATE CHAMBER, SACRAMENTO, January 19, 1905. MR. PRESIDENT: Your Committee on Hospitals and Asylums has had referred to it the following Senate resolution: WHEREAS, Recent occurrences in the Napa Insane Asylum have shown that a serious defect exists in the manner of selecting custodians of the insane; and WHEREAS, The investigation now going on in the courts will only serve to determine the guilt or innocence of the parties accused, and will not throw any light upon the manner of the selection of the guards that resulted in the accusation of the two now under investigation; therefore, be it Resolved, That the Senate of the State of California do investigate the said occurrences by means of a special committee, to be appointed by the President of the Senate, and that said investigating committee be directed to report to this Senate some plan that |