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the committee, provides for compensation for entries which are seldom required to be made, and is silent as to a great variety of acts incumbent to be performed by the respective officers enumerated in said fee bill. We have great doubts whether it is advisable at the present time, and so soon after the various county officers have entered on the discharge of their official duties, and when they have obtained their respective positions by great efforts, and in a canvass where much time and labor have been expended by them, to make any material change in the tariff of charges allowed by existing laws; certainly it cannot be right to curtail their income at one sweep, one half, if not two-thirds, as will certainly be the case if the bill; as reported by the committee, pass into a law.

If it be deemed absolutely essential and necessary by the Legislature to make a change, let it be done with proper caution, and in such a manner as will not deprive the local officers in one half of the counties of the State of the means of actual support.

Entertaining these views, we do recommend that the House do not pass the bill as reported by the committee, and that it be indefinitely postponed.

On motion of Mr. Godard, Assembly bill No. 144, an Act concerning Roads and Highways was taken up for consideration.

All the amendments made in committee of the whole, except the amendment to 32d section, and the amendment to the bill offered by Mr. Stemmons to come in between sections 33 and 34, providing for the counties to pay for. bridges, &c., were concurred in by the House.

Mr. Fairfield moved to exempt Placer county from the operations of this bill.
Not agreed to.

Mr. Ashley moved to strike out the 17th and 18th sections of the bill.
Not agreed to.

Mr. Hunter moved to amend the 16th section of the bill, by striking out the word" shall," and insert " may" where it occurs in reference to the duties of the Board of Supervisors or the Court of Sessions, as the case may be.

While this motion was under consideration,

On motion of Mr. Tallmadge, the House adjourned until 10 o'clock to-morrow.


FRIDAY, April 21, 1854.

House met pursuant to adjournment.

The roll was called, and the following members were absent:

Messrs. Bagley, Bostwick, Cornwall, Dannels, Dawley, Gilbert, Green, Griffith, Henry, Herbert, Hoff, Hollister, Hubert, Irwin, Koll, McKinney, Nichols, F. A. Park, J. W. Park, Purdy, Ring, Rowan, Spencer, Van Cleft, Whipple, and Mr. Speaker.

The Journal of Thursday was read and approved.

On motion, leave of absence was granted to Mr. Ballou and Mr. Dannels for one day.

Mr. Ashley presented a proposition from Edwin D. Coleman proposing to enter into bond for 30,000 dollars to do and perform the State Printing.

Proposition read and referred to Committee on Printing.

Mr. Gordon introduced a bill for an Act to authorize accurate topographical surfor the main line of the Pacific and Atlantic Railroad, and its branches in this State.


Read a first and second time, and referred to a select committee of three previously appointed, Mr. Jones, chairman.

Mr. French introduced a bill for an Act to provide for the disposition of certain property in the city of San Francisco.

Read a first and second time, 240 copies ordered to be printed, and referred to Committee on Commerce.

Mr. Watkins presented a petition numerously signed by citizens of Alameda, praying for the passage of a law authorizing the construction of a plank road. Read and referred to Committee on Roads and Highways.

Mr. Jones introduced a bill for an Act to authorize the Board of California Land Commissioners to rent an office.

Read a first and second time, and referred to Committee of Ways and Means. Mr. Ashley introduced a bill for an Act to prevent changing the names of ships, vessels, and steamboats

Read a first and second time, and referred to Committee on Commerce.

Mr. Gordon, from the Judiciary Committee, introduced a substitute for Assembly bill 134, for an Act supplementary to an Act to provide for the lien of mechanics and others, passed April 12, 1850.

Read a first time, and ordered to a second reading on to-morrow.

Mr. Hastings, chairman, made the following report:

The Committee on Counties and County Boundaries have had under consideration Assembly bill No. 234, report the same back with amendments, recommend their adoption, and the passage of the bill.

Amend section second by inserting one half, intead of one third, where that word occurs in the section.

Add to said section, the following: The order and notice shall be given at least fifteen days previous to the day for holding said election.

Amend section third, by inserting in the 17th line, the word three instead of two: Assembly bill No. 234, an Act amendatory of an Act to provide for the permanent locations of the seats of Justice of the several counties of this State, passed April 11, 1850.

The first and third amendments proposed by the committee, not agreed to.
The second amendment adopted.

Mr. Conness moved to reconsider the vote adopting the second amendment.

Vote reconsidered:

The question again put upon the amendment, and not agreed to.

The bill was then read a third time and passed.

Mr. Griffith made the following report:

The Committee on Public Lands, to whom was referred Assembly bill, No. 253, for an Act to provide for the reclamation of the swamp and overflowed lands be loning to the State of California, have had the same under consideration; having amended the same, recommended the adoption of their amendments and the passage of the bill as amended.

Assembly bill No. 253, above reported, with amendments,

On motion, made the bill the special order for Wednesday next, at 12 o'clock.

Mr. O'Neil, chairman, made the following report :·

The Committee on Engrossment have examined, and find correctly engrossed, an Act to fund that portion of the debt of Trinity county, accruing previous to the 12th of May, 1853, apportioned to Humboldt county, and provide for the payment


An Act to provide an office for the County Surveyor of San Joaquin county. Also, an Act to give jurisdiction to the District Court, County Court, and Justices' Courts in Plumas county in certain cases.

Mr. McBrayer made the following report:

The Sacramento Delegation, to whom was referred Assembly bill No, 189, entitled an Act to incorporate the city of Sacramento, having had the same under consideration, and recommend that it do not pass; and report the following as a substitute and recommend its passage.

On motion of Mr. F. A. Park, the bill and substitute were laid upon the table. Mr. James introduced a bill for an Act to amend the fourth section of an Act concerning the office of State Treasurer, passed January 24, 1850.

Read a first time, and ordered to a second reading on to-morrow.

Mr. Myres gave notice that, on Monday, or soon thereafter, he would introduce a bill to extend the Water Front of San Francisco, and to sell the estates in said city, which have escheated to the State of California.

Mr. Sweasey offered the following, which was adopted.

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Resolved, That the Committee on Corporations be instructed to report, at their earliest convenience, on the Joint Resolution, concerning lands donated to this State for railway purposes, referred to said Committe.

Mr. Bradford gave notice that, at an early day, he would introduce a bill for an Act to enable the Trustees of the Insane Asylum to erect an additional building. He also gave notice that, on to-morrow, he would move an additional rule to the Standing Rules of the House.

Mr. Ashley moved to take from the table Assembly bill No. 94, relative to Crimes and Punshments; not agreed to.

3-Mr. Tallmadge, chairman, made the following report:

•Your Committee, to whom was referred Assembly bill No. 215, for an Act to provide for the payment of certain expenses, and a communication from the Secretary of State, in relation to Stationery, beg leave to report, that by the Act of May 1, 1851, the Secretary of State is required to advertise for proposals for stationery, fuel and lights necessary for the use of the Legislature, and further from vouchers on bill, we find that the advertisement required by law was duly made, and the contract awarded to the lowest bid, to Messrs. Marvin & Hitchcock for stationery, who under their contract have furnished for the use of the Legislature. at this session, stationery amounting to $3,432 467

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It is also believed, that large amounts of stationery have been procured by the Sergeant-at-Arms of this body, without authority of law, and in express violation of the Act of May 1, 1851; this officer having no other authority than an illegitimate resolution of the House, containing general authority to furnish or procure articles for the use of the Assen.bly.

Your committee recommend that the purchases for the Legislature be made as contemplated in the Act of May, 1851; and the Assembly bill, No. 215, be passed

with the amendment therein stated.

Your committee conclude with stating that the stationery furnished by the Secretary, and contracted for by him, is of good quality, and furnished at reasonable

rates, with two or three exceptions, over which the Secretary of State can have no control, the law directing that officer to award the contract to the lowest bidder. All of which is respectfully submitted,

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D. P. TALLMADGE, Chairman.



Assembly bill No. 215, above reported, an Act to provide for the payment of cer

tain expenses.

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Mr. Conness moved to amend the amendment proposed by the Committee.

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The amendment, as amended, adopted by the House.

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On motion of Mr. Conness, the House resolved itself into committee of the whole, Mr. Bostwick in the chair, to consider the bill.

After spending some time in its consideration,

On motion, the committee rose, reported the bill back without amendment, re commended the passage of the bill, and asked to be discharged from its further consideration. The committee was discharged.

The bill was considered as engrossed, read a third time, and passed...

Hour of 12. The special order was taken up, which was Assembly bill No. 148, an Act to fix the times of holding elections for Representatives to Congress. Mr. Pratt made the following minority report:

The undersigned, a minority of the Committee on Elections, to whom was referred a bill for "An Act to fix the time of holding elections for Representatives to Congress" cannot concur with the majority in recommending the passage of the bill. The Aets repealed by the second section of the bill under consideration, were passed by the Legislature of 1852, and so well satisfied were the members composing that Legislature, that members of Congress should be elected at the time fixed in the existing law, that the Act passed both branches without oppositionthe Journals exhibiting the fact that the bill passed both Houses without a recorded

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The object of the Legislature in fixing the time named in the existing law, unquestionably, was to give ample time for the members elect to collect correct information in relation to the wants of the people of the State. The election law provides that returns for members of Congress shall be examined on the sixtieth day after the election, and the statement on which the certificate of the election is based, transmitted to the Governor; and the "Act to provide for the election of the Electors of President and Vice President" directs, that in each year, when the election of President and Vice President of the United States takes place, the same shall be held on Tuesday next after the first Monday in each year, being less than twenty days before the meeting of Congress, rendering it impossible for members, elect, to reach Washington before the middle of January, one month and a half after the commencement of the session; if the bill passes. this wrong to the people can only be remedied by a State election once in four years, separate and at a different time from the Presidential election; I am alike unwilling to deprive the people of forty or fifty days representation in Congress, or saddle them with an additional expense of holding a second election. I

In this matter, however, the action of California is not without a precedent. "Several of the other States of the Union, and among them are the great States of Pennsylvania and Ohio, elect their members of Congress but one month later in the same year than the time fixed in the Act of 1852. In the States above referred to, the time for electing members of Congress was fixed many years ago; and we find that time and experience have convinced all of the wisdom of the law, and we hear of no efforts being made to effect a change.

It is true that changes in the affairs of California are more frequent than in the older States of the Union, and that in order to legislate intelligently for her varied interests, it is necessary to watch closely passing events. But this can be done as well, and is much more likely to receive proper care and attention from members elect, than from mere aspirants. A careful examination has satisfied me, that the time fixed for electing members of Congress should remain unchanged, and the bill under consideration be indefinitely postponed.

Mr. O'Neil moved a call of the House. The call was sustained.

The roll was called, and the following members were absent:

Messrs. Anderson, Cornwall, Ewer, French, Green, Henry, Herbert, Hoff, McBrayer, Nichols, Purdy, Warmcastle, and Mr. Speaker.

Mr. Bostwick moved to dispense with further proceedings under the call.

Not agreed to.

Mr. French and Mr. Anderson were admitted within the bar of the House and excused.

Mr. Conness moved to dispense with further proceedings under the call.
Agreed to.

Mr. Myres moved to strike out the enacting clause of the bill, and Messrs. Bradford, O'Neil, and Bostwick demanded the yeas and nays:


Messrs. Ashley, Bagley, Ballou, Bostwick, Briggs, Clingan, Conness, Davidson, Dawley, Fairfield, French, Gilbert, Godard, Green, Griffith, Hoff, Horr, Hoyt, Hubbard, Irwin, Jones, Kellogg, Koll, Musser, Myres, McBrayer, McDonald, Nichols, O'Neil, F. A. Park, Pratt, Purdy, Ring, Rowan, Spencer, Springer, Sweasey, Tallmadge, Van Cleft and Watkins 41,


Messrs. Bennett, Bowie, Bradford, Burton, Carr, Cornwall, Gordon, Hagans, Hastings, Herbert, Houghtaling, Hubert, Hunter, James, Letcher, Lindsey, Mandeville, McDaniel, McKinney, Noel, J. W. Park, Stowe, Tivy, and Whitman-24

So the enacting clause was stricken out.

On motion of Mr. French, 240 copies of Assembly bill, 280, were ordered to be printed.

Mr. Hoyt offered the following:

Resolved, That the Committee on Public Accounts and Expenditures audit, and pay out of the contingent funds of the House, the necessary expenses actually incur red by the several House committees, while absent procuring information for the State.

Messrs. Watkins, Whitman and McDaniel demanded the yeas and nays.


Messrs. Bowie, Conness, Dawley, Fairfield, French, Gilbert, Godard, Green, Hoff, Horr, Houghtaling, Hoyt, Hubbard, Hubert, Irwin, Koll, Letcher, Musser, Myres, McDonald, McKinney, O'Neil, F. A. Park, Pratt, Purdy, Ring, Springer, Stemmons, Stowe and Van Cleft-30.


Messrs. Ashley, Bagley, Bennett, Bradford, Briggs, Burton, Carr, Carrrillo,

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