'O^M' ^ y^. %H0NVS01^ %a3AIN(l-3ViV^ ''^.!/0JllV>JO^ ^OJIlVO-JO'f^ £2 -Ti <-* £:!' 55. .. %UDNVsov'<^ '^/sii^AiNn-Jwv^ ^cwaaiH^"^' ''■^0. .^ ^ '^(i/UillVJiU' ^.OFCALIF0% ri'O^ i:^ c^' "aUillVJJVV- ^^,OFCALIFO/?,(^ ^6'Aavdyii-i^^''' %; ^VF "v^Xj ijji\v-:>ui-^^ ^ ^ ,^^'' -J S— I •^ o < ■MiNlli^W 03 3> ^^J1JJNY-^U1'^>^ %ilJAliNilJl\v IIBRARY^^^ A\^FUNIVER% ^vvlOS ANCFlfj. x .n^IIIBRARY/?^, -.^^liBRARY(9^ -CAIIFOP^^ ^lVMEUNIVER^//>, ^VOSANCFlfr^^ ^.^FCAIIFO/?^ .^.-OF-CAUFO/?^ knvaan-^v^ ■%i]onysov"<^ %a3AiNn]WV^ ^^Awaaiii^'^ "^t^Awaaiiiv^ ^\-m ■■Y^/ ^MM'MVER.r//,, ,.\in^'A^r,f!fr.> ]WV ^f.. ^^ ^^mm: oTCAiiFn/r.^, .A.^rcAH^ ^ ^ \INl]-iWV^ ^.OFCAllFO%^ }\'^' '^•^/smmm^' iLin I '%130NVS( 'xMF i;viVFpy/>. •7' C :un.:KrD5;^ AS ^ ^.intAwrnrr r^ -^nM-LIBRARYQ^^ ^^ILIBRARY^^^ .^\UUNIVERS//i '^ , 3> 1 -< % ^OFCAIIFO/^^ <^OFC > k x' •^ '^^ i!> 4 ^ '^J^ili'JNV-SOV'^'^^ i^^' •.//^, Legislative Manual Form Book Prepared for the use of the California Legislature by CLIFTON E. BROOKS Senate Minute Clerk ICSl'l Calikju.ma Statk I'hintino Okkice 19 15 49J1« Copyright, 1915, By Clifton E. Brooks. N. B. — To the extent that this book may be of service to its Legislature, the rights reserved by the above copyright have been assigned to the State of California. Clifton E. Brooks. irT) OFFICERS OF THE SENATE. FORTY-FIRST SESSION. Hon. JOHN M. ESHLEMAN, President. Hon. NEWTON W. THOMPSON, President pro tern. EDWIN F. SMITH, Secretary of Senate. J. W. KAVANAGH, Assistarit Secretary and Clerk of Printing Committee. ERIC JOHNSON, Assistant Secretary. W. M. REESE. Assistan t Secretary. J. A. MILLER, Assistant Secretary. JOSEPH A. BEEK, Assistant Secretary. LE ROY JOSEPH. Assistant at the- De^sk. CLIFTON E. BROOKS, Minute Clerk. I. F. BAKER, Assistant Minute Clerk. THEODORE LAFAYETTE, Assistant Minute Clerk. ARTHUR S. MOORE, Assistant Minute Clerk. REV. FATHER HENRY I. STARK, Chaplain. THOS. A. BROWN, Sergca nt-at-Arms. W. B. COOMBS, History Clerk. R. ALEXANDER, Assistant History Clerk. CARRIE A. GARRISON, Journal Clerk. MILO R. KOBBINS. Engrossing and lUnnUinii Clerk. H. P. ANGUS, File Clerk. H.VrTIE .M. <;il51J.s. Poslinisircss. MEMBERS OF THE SENATE— FORTY SENATORS. Hon. John M. Eshle.ma.v, President. Hon. Newton W. Thompson, President pro tem. Edwin F. Smith, Secretary of Senate. Name and counties Home P. O. address Anderson, John X. — Imperial, Orange, River.side Ballard, John W.— Los Angeles.— Boban, D. J.— San Francisco Benedict, H. .Stanley— Los Angeles. Benson, Frank H.— Santa Clara.. Bird.sall, K. S.— Plumas, Sierra, Nevada, Placer, El Dorado Breed, A. H.— Alameda Brown, William E.— Los Angeles.. Butler, ICdwin M.— Los Angele.s... Camiibell, A. E.— Monterey, San Luis Obispo Carr, William J.— Ix)s Angeles Chandler, W. F.— Fresno Cogswell, Prescott F.— Los Angeles Cohn, P. C— Sacramento Crowley, John Jos.— San Francisco Dimcan, W. E., Jr.- Butte, Yuba, Sutter, Yolo Finn, Thos. F.— San Francisco... Flaherty, Lawrence J.— San Fran- cisco Flint, William R.— San Mateo, San Benito, Santa Cruz Gerdes, Fred C— San Francisco... Hans, Geo. J.— Alameda Irwin, J. L. C— Kings, Tulare, Kern Jones, Herbert C. — Santa Clara... Kehoe, Wm.— Del Norte, Hum- boldt, Trinity, Tehama King, Lyman M.— San Bernardino, Inyo Luce, Edgar A.— San Diego Lyon, Henry H.— Los Angeles Maddux, L. J. — Tuolumne, Mari- posa, Stanislaus, Merced, Alpine, Mono, Madera, Calaveras Mott, D. W.— Ventura. Owens, James C— Contra Costa, Marin Purldtt, Claude P.- Mendocino, Glenn, Colusa, Lake Rush, Benj. F.— Solano, Napa Scott, William S. — San Francisco.. Shearer, Wm. B.— Modoc, Siski- you, Shasta, Lassen Slater, Herbert W.— Sonoma Strobridge, Edw. K. — Alameda Stuekenbruck, J. W. — San Joaquin, Amador Thompson, Newton W.— Los An- Tyrrell, Edw. J.— Alameda Wolfe, Edw. I.— San Francisco. Rep. Rep. Prog. P..D.,R. Rep. Rep. Rep. Rep. Rep. Dem. Prog. Prog., R. Rep. Dem. Prog., D. D.,P.,S. Rep. Rep., P. Rep. Rep. Rep. Dem. P.R.D.Pb. Rep. Rep., P. Prog., D. Rep. Dem. Rep. Dem. D. R. Pb. Rep. Prog., R. Dem. D. P. S. Rep. Dem. Rep. Prog., R. t Santa Ana 1426 S. Union av., L. A. 1251 Jackson St., S. F. 1739 S. Kingsley, L. A. San Jose East Auburn Piedmont 745 Whittier St., L. A.. 5300 Figueroa St., L. A. San Luis Obispo 44 S. Euclid av., Pasa- dena. Fresno El Monte Folsom 692 Valencia St., S. F.... OroviDe 925a Howard St., S. F. 7 Delano St., S. F. Hollister 2273 Mission St., S. F. 3243 Farnum, Oakland. Hanford San Jose Legislative service Eureka Redlands San Diego 950 Stanford av., L. A. Modesto Santa Paula Richmonc Willows Suisun 427 Ninth av., S. F. Yreka Santa Rosa Hayward .. Acampo Alhambra 1002 Filbert St., Oakland 3165 Washington St., S.F. 33-37-40-41 41 37-38-39-40-41 39-40-41 40-41 37-38-39-40-41 40-41 40-41 39-40-41 38-39-40-41 40-41 34-36-37-39-40-41 37-38-39-40-41 40-41 33-41 41 37-38-39-40-41 41 38-39-40-41 38-39-49-41 37-38-39-40-41 41 40-41 41 41 39-40-41 39-40-41 36-37-38-39-40-41 40-41 y ^ 40-41 39-40-41 36-37-S8-39 40-41 38-39-40-41 36-37-39-39-40-41 39-40-41 32-33-34-3.1-30- 37-38-39-41 tXominated by petition at recall election. INTRODUCTION. A rough skeleton of this book was originally prepared for the use of the Assistant ]\Iiunte Clerks, but it was suggested that it would be of value to the other attaches and to the members of the legislature as well, if put into shape suitable for their use. There has been no thought in undertaking this task to compete with any of the standard works on this subject but to supplement these and bridge a gap which is all too apparent to those who have undertaken to find assistance in this direction. The chief object has been to visualize or illustrate in concrete form the practical application of the rules of the two houses of the Cali- fornia Legislature with the addition of a few of the more important constitutional provisions. It is also intended to standardize the lan- guage of the Journals. Furthermore, all attaches who prepare matter which is to be printed in the Journals, can have a readily available iruide. Finally many of the little things which count are gathered together for the assistance of those Avho undertake the task of bill drafting. It has been the object to do all of these things as thoroughly and as completely as is possible and in keeping with the traditional parlia- mentary usages and customs. CLIFTON E. BROOKS, Senate ^Minute Clerk. Sacramexto. Califs of the Sonate. o. Rules of the Assembly. 4. The Joint Rules. ."). Constitution of California. 6. The Political Code. 7. The Penal Code. 5. The Code of Civil Proceduie. 9. The Civil Code. 10. Robert's Rules of Order. 11. Jefferson's Manual. 12. Rules of the V. S. House of Representatives. 13. Rules of the U. S. Senate. Z' CONTENTS. CIIAPTEK I. (Jrgnnizntitni. Convmiin.g- and Ailjoiirninciit of ihe Souate and Assembly. Sees. 1-40. CHAPTKH TI. ("oiislitiitional Provisions Dii-fcily AlVcclinfr ilii' Powers and Duties of the Legislature. Srcs. -±1-122. CHAPTER III. Drafting and Introduction of Bills. Sees. 123-175. Part 1. General Constitutional and Code Provisions Affecting Drafting of Bills, etc. Sees. 123-140. Part 2. Drafting of Appropriation Bills. Sees. 141-150. Part 3. Drafting of Code Sections and General Laws. Sees. 151-157. Part 4. Drafting of Constitutional Aiufuduionts and Joint and Concurrent Resolutions. Sees. 158-162. Part 5. Introduction of Bills. Sees. 1(53-175. CHAPTER IV. Committees. Sees. 170-222. Part 1. Appointment and Organization. Sees. 170-lSO. Part 2. Reference of Bills to Committees. Sees. ISl-lOl. Part 3. The Committee of the Whole. Sees. 192-195. Part 4. General Provisions Governing Committees. Sees. 190-207. Part 5. Provision.s Governing Individual Committee. Sees. 208-222. CHAPTER V. The (Jcucral File. Sees. 223-203. Part 1. General Provisions. Sees. 223-249. Part 2. After Passage in the House of Origin. Sees. 250- 263. CIl.M'TER W. Amendments and Conferences. Sees. 2t;4 292. Part 1. Amendments. Sees. 264-284. Part 2. Conferences. Sees. 28.5-292. Cir.M'Ti;!: \If. Motions, Debates and Voting. Sees. 293-348. Part 1. Motions. Sees. 293-313. Part 2. Dehates. Sees. 314-33<». Part '.',. Voting. Sees. 331 .'Us. Cn.M"l'i:R \in. Elections, Resignatiims and Impeachments. Sees. :M9 112. Part 1. Elections. Sees. 349 3(i4. Part 2. Conlestcd Elections. Sees. 365-383. Part 3. Resignations. Sees. :{8-} .389. Part 1. Imi)ea(htn<'nt. Sees. .390 JI5. I'arl 5. W'iliicsscs. Sees. 116 fjl'. 10 CONTENTS. CHAPTER IX. Miscellaneous. Sees. 423-540. Part 1. The Governor. Sees. 423-440. Part 2. Presiding Officers. Sees. 441-457. Part 3. Other Officers and Attaches. Sees. 45S-4S1. Part 4. Printing. Sees. 4S2-507. Part .". Use of and Adniis.sion to Senate and As.sembly Chambers. Sees. 508-518. Pan (I. Attendance. Remuneration, Privileges and Duties of Members. Sees. 519-523. I'art 7. Order of Business. Sees. 524-52G. Part S. Changing and Suspending the Rules. Sees. 527-.j30. Part 9. I'cnalties for Interfering with the Work of the Legislature. Sees. 531-540. APPENDICES, I. Chart prepared by L. B. Mallory, Showing the Progress of a Bill after Introduction, follows page 178. IT. Suggestions for Guidance of Presiding Officers, page 179. INDICES. General Index, pages 1S3-19G. Form Index, pages 197. 198. LEGISLATIVE MANUAL AND FORM BOOK. CHAPTER I. ORGANIZATION, CONVENING AND ADJOURNMENT OF THE SENATE AND ASSEMBLY. Chapter Contexts. See. 1. Number aud designation of members. (Political Code. I Sec. H. Term of office of members. (Political Code.) Sec. 3. Sessions of the Legislature. (Con.stitution. ) Sec. 4. Time and place of meeting of Legislature. (Political Code.) Sec. 5. Transmission and publication of election returns. (Constitution.! Sec. 6. Certificate of election evidence of right to seat. (Political Code. I Sec. 7. Organization of the Legislature. (Constitution.) Sec. 8. Temporary officers of the Senate and Assembly. (I'olitical Code, i Sec. 0. Organization of Senate. (Political Code.) Sec. 10. Organization of Assembly. (Political Code. ) Sec. 11. Oath of office. (Constitution.) Sec. 12. Oath of Governor and Lieutenant Governor. (Political Code, i Sec. 13. Oath of members of Legislattire. (Political Code.) Sec. 14. Oath to be entered on journals. (Political Code.) Sec. lo. Officers of the Senate. (Political Code.) Sec. Ku Officers of the Assembly. (Political Code.) Sec. IT. Elections and appointments by the Legislature. (Political Code, i Sec. IS. What officers of Legislature may administer oaili^. (I'olitical Code.) Sec. 19. What number constitutes a quorum. (Constitution.! Sec. 20. Rules for government of the Legislature. (Constitution.) Sec. 2L Adjournment from day to day. (Constitution.) Sec. 22. Adjournment for constitutional recess and sine die. (Joint ruli'. i Sec. 23. Hour of meeting: of Legislature. (Senate rule.) Sec. 24. Hou.-^e called to order by Speaker. (Assembly rule.) Sec. 2.J. Senate called to order by Pre.sident. (Senate rule.) Sec. 20. Organization of Senate. (Form.) Sec. 27. Second day (when there has been a gul)ernatorial election i. (Form.) Sec. 28. Convening of Senate (Daily). (Form.) Sec. 2«. (Change of presiding officer) Lieutenant Governor (et al.) in lln' chair. (Form.) Sec. 30. Prayer. (Form.) Sec. 3L Heading of the journal. (Form.) Sc.e. 32. Leave of absence. (Form.) Sec. 33. Approval of journal. (Form.) Sec. 34. I'etitions. (Form.) Sec. 3n. Communications. (Form.) Sec. 30. Hour of rece.'-s extended. (Form.) Sec. 37. Recess. ( Form. ) Sec. 38. Reconvened. (Form.) Sec. 311. Ailjonrnment (Daily.) (Furiii.) S'-c. 40. .Vdjournnii'iil (for c(iii.l il i•"•• "^"-l. 1 SEC. 12. OATH OF GOVERNOR AND LIEUTENANT-GOVERNOR. The (Jovernor and Lieutenant Governor must take the official oath in the presence of both Houses of the Legislature, in convention assem- bled, and an entry of the fact must be made upon the journals of each House. (Political Code, sec. 905.) SEC. 13. OATH OF MEMBERS OF LEGISLATURE. .Members of the Legislature may take the oath of office at any time duriiiii' the term for which they were elected. {Political Code, sec. 906.) SEC. 14. OATH TO BE ENTERED ON JOURNALS. An entry of the oath taken by members of the Legislature must be made on the journals of the proper House. {Political Code, sec. 240.) SEC. 15. OFFICERS OF THE SENATE. The officers and employees of the Senate shall con.sist of a president, a president pro tem.. a secretary, three assistant secretaries (who shall be appointecl by the secretary, by and with the advice and consent of the Senate), one assistant at the de.sk. one sergeant-at-arms, one assistant sergeant-at-arms, one assistant sergeant-at-arms for the finance committee, one assistant sergeant-at-arms for the judiciary committee, one a.ssistant sergeant-at-arms to be assigned by the sergeant- at-arms to any committee requiring the same, one bookkeeper for the sergeant-at-arms (who shall be appointed by the sergeant-at-arms by and with the advice and consent of the Senate), one minute clerk, three assistant minute clerks, one journal clerk, two assistant journal clerks, one engrossing and enrolling clerk, three assistant engrossing and enrolling clerks, two assistant engrossing and enrolling clerks (said two to be elected on the thirtieth day of the session), one history clerk, one assistant hi.story clerk, three bill filers, four bill clerks, a chaplain, one postmaster, one assistant postmaster, two mail carriers (who shall be mailing and folding clerks), one page to the president of the Senate, four pages, three gatekeepers, one doorkeeper, one gallery doorkeeper, two messengers to state printer, one cloakroom clerk, five skilled stenographers (who shall be typewriters, and w-ho shall be at the service of the Senate, its members and committees, and under the supervision of the secretary of the senate,* one stenographer LEGISLATIVE MANUAL AND FORM BOOK. 15 for the finance committee, one stenographer for the judiciary commit- tee, six porters, one rear porter, three* watchmen, one janitress for ladies' cloakroom, two press mailing clerks: and only such other officers or employees as the Senate by a three-fifths vote of all the members- elect shall deem necessary. Any officer or employee appointed or elected under the provisions of this section may at any time be removed bv the Senate. [Polificol Code, sec. 245.) SEC. 16. OFFICERS OF THE ASSEMBLY. The officers and employees of the Assembly shall consist of a speaker, a .speaker pro tem., one chief clerk, four assistant clerks (who shall be appointed by the chief clerk, by and with the advice and consent of the Assembly), one sergeant-at-arms, one assistant sergeant-at-arms, one clerk for the sergeant-at-arms, one bookkeeper to the sergeant-at- arms (said bookkeeper to be appointed by the sergeant-at-arms, by and with the advice and consent of the Assembly), one minute clerk, two assistant minute clerks, one journal clerk, one assistant journal clerk, one engro.ssiug and enrolling clerk, two as.sistant engrossing and en- rolling clerks, and two additional assistant engrossing and enrolling clerks (said last two to be elected on the thirtieth day of the session), one file clerk to keep the files, four bill filers, one chaplain, one postmaster, one assistant postmaster, one mail carrier (who shall be mailing and fold- ing clerk), one page to speaker, six pages, three gatekeepers, one door- keeper, one gallery doorkeeper, one messenger to printer, one history clerk, one bill clerk, four assistant bill clerks, thirty committee clerks (to be assigned to committees actually requiring the use of a clerk), six skilled stenographers (who shall be typewriters, and who shall be at the service of the Assembly, its members and its committees, under the supervision of the Chief Clerk), five porters, three watchmen, one fireman, one sergeant-at-arms for the ways and means committee, one sergeant-at-arms for the judiciary committee, one engineer, one elec- trician, one janitress, and one elevator attendant: and onlj^ such other officers or employees as the Assemlily l)y a three-fifths vote of all the member.s-elect shall deem necessary. An\" officer or employee appointed or elected \nider the provisions of this section may at any time be removed b>' the Assembly. (Political Code, sec. 2-46.) SEC. 17. ELECTIONS AND APPOINTMENTS BY THE LEGISLATURE. All officers and employees of the iicuisbiture. except tlir I'resideiit of the Senate, porters and pages, must be elected by the House to which such officers and employees are altached. The porters and pages shall be appointed by the pr-esiding officers oi' theii- i-espective Houses. ( /'oldictil Code, sec. 247. ) k; legislatixe manual axd form book. SEC. 18. WHAT OFFICERS OF LEGISLATURE MAY ADMINISTER OATHS. The Pivsitlfiit Jiiitl rrcsidt'iit pro teiu. of llic Senate, and the Speaker and Speaker pro teiii. of the Assembly, may administer the oath of ortiee to any Senator or Asseud)lyman, and to the officers of their respec- tive l)odies. The members of any committee may administer oaths to \vitnes.ses in anv matter under examination. (PoJificaJ Code, sec. 252.) SEC. 19. WHAT NUMBER CONSTITUTES A QUORUM. A ma.jority of eacli House shall constitute a quorum to do business. l)ut a smaller number may adjourn from day to day. and may compel the attendance of absent members in such manner, and under such penalties, as each House shall provide. {Constitution, art. IV, sec. 8..^ SEC. 20. RULES FOR GOVERNMENT OF THE LEGISLATURE. Each House shall determine the rules for its proceedings and may. with the concurrence of two thirds of all the members elected, expel a membei". (ConsfHnl ioD. art. JV, sec. 9.) SEC. 21. ADJOURNMENT FROM DAY TO DAY. Neither House shall, without the consent of the other, adjourn for more than three days, nor to any place other than that in which they nia^' be sitting. Nor shall the members of either House draw pay for any recess or adjournment for a longer time than three days. (Con- stitution, art. IV. sec. 14.) SEC. 22. ADJOURNMENT FOR CONSTITUTIONAL RECESS AND SINE DIE. Adjournment for the constitutional recess and adjournment sine die shall be made only by concurrent resolution. (Joint Eulc Xo. 36.) SEC. 23. HOUR OF MEETING OF LEGISLATURE. The sessions of the House shall be daily (Sundays excepted) begin- ning at nine o'clock and thirty minutes a.m. After the eon.stitutional recass. a recess shall be taken daily at the hour of twelve o'clock noon until the hour of one o'clock and thirty minutes p.m., unless otherwise ordered by a vote of the House. ( Assembly Rule Xo. 1.) The Senate rule is identical except that the hour of convening is fixed at ten o'clock and the noon recess is from twelve thirty to two o'clock p.m. {Senate Rule No. 1.) LEGISLATIVE MAXUAL AND FORM BOOK. 17 SEC. 24. HOUSE CALLED TO ORDER BY SPEAKER. The Speaker, or. in hi.s ab.senee. the Speaker pro tern., sliall take the chair precisely at the liour appointed for meeting, and shall imme- diately call the House to order. In the absence of both the Speaker and Speaker pro tern., the Chief Clerk, or an assistant, sliall call the House to order, whereupon a Chairman shall be elected from among the members to preside. {Assembly Rule Xo. 19.) SEC. 25. SENATE CALLED TO ORDER BY PRESIDENT. The President, President pro tem., or senior meml^er present, shall call the Senate to order at the hour stated, and if a quorum be present proceed with the order of business. {Senate Rule Xo. 2.) SEC. 26. (Form.) ORGANIZATION OF SENATE.' Senate^ Chamber, Sacramento, ^londay. January 4. 1915. The hour of twelve o'clock m. having- arrived. Hon. Lieutenant Governor and President of the Senate.- called the Senators and Senator.s-elect' to order, and announced that the session of the Legislature of the State of California ^^as about to convene, and informed the Senators^ that the following officers of the Senate^ during the session of the Legislature were in their respective places in the Senate Chamber, as required by section 237 of the Political Code : , Secretary-; , Minute Clerk, and Sergea n t-at- Arms. PRAYER. By invitation of the President,- praver was then oifei-ed b\- the Rev. of 1 CERTIFICATE FROM SECRETARY OF STATE. By direction of the President- the Secretary'' read the following certificate of duly elected Senators' of the session of the Letrislature of tlie State of California: (Certificate.) Certificate read. RESOIJTION. The following resoliitidii was offered: By Senator'' : Ifisolicd, 'I'lint tin;'' iiold-ovor Sfiiators liiiic llicir sr-ms, :iiiii tliat the" Scnntors- f>l'M.-i' procfcd to tlie bar of llic Senate' and lak;- llicir oath of odicc on tin- (•prlilicalo furnishpd by the Secretary of Stale. Resolution rearl and on motion of Senaloi-'' adopled. 'The I'resident direeted the Secretary lo call llie roll ••(' Ik.M ..vcr Senators. - — 1681'! 18 LEGISLATIVE MANUAL AND FORM BOOK. ROLL CALL OF HOLD-OVER SENATORS. The roll was called, and the following answered to their names: Senators — . , etc. Whereupon the President announced that the roll call had disclosed the presence of Senators. The President directed the Secretary to call tlie roll of Senators- elect" : ROLL CALL OP SENATORS-ELECT.^ The Secretary- called the roll of Senators-elect,^ and the fbllowing answered to their names : Messrs. Whereupon the President- announced that the roll call had disclosed the presence of Senators-elect\ The President- requested the Senators-elect'' to immediately present themselves at the bar of the Senate^ in order that the oath of office mi?ht be administered to them, and that they mijiht subscril^e to the- same. OATH OF OFFICE ADMINISTERED. The members-elect, as their respective districts* were called, then came forward, presented their certificates of eleetion. and each took and subscribed to the following constitutional oath of office, administered by the Hon. , Lieutenant Governor, and President of the Senate^** : I do solemnly swear that I will support the Constitution of the United States and the Constitution of the State of California, and that I will faithfully discharge the duties of the office of Senator,'^ according to the best of my ability. ROLL CALIj. The President^'- called the Senate to order and directed the Secretary to call the roll. The roll was called, and the following ansv.-ered to their names : Senators Whereupon the President" announced their qualification, and declared that a quorum of all the Senators" was present. APPOINTMENTS BY SECRETARY." The Secretary- of the Senate^ announced that by virtue of the author- ity vested in him by section 237-° of the Political Code, he had made the following appointments of attaches for the temporary organization of the Senate : Postmistress — Pages — APPOINTMENTS BY SERGEAXT-AT-ARMS. The Sergeant-at-Arms of the Senate^ announced by virtue of the authority vested in him by section 237-° of the Political Code, that he had made the following appointment of attache for the temporary organi- zation of the Senate : Assistant Sergeant-at-Arms — LEGISLATIVE MANUAL AND FORM BOOK. 19 TEMPORARY ORGANIZATION EFFECTED. Temporary organization having been effected, the President'- pnt the question, ''What is the pleasure of the Senate' ?'" RESOLUTION. The following resolution was offered : By Senator^ : Resolved. That the Senate do now proceed to the election of the following statu- tory officers in the order named : President pro tem. : '. jj Secretarj- of the Senate : S Sergeant-at-Arms : Minute Clerk ; and Chaplain. Resolution read and on motion of Senator' adopted. NOMINATIONS FOR AND ELECTION OP PRESIDENT PRO TEM.^* OF THE SENATE.^ The President'- thereupon declared nominations for the office of President pro tem.^^ of the Senate^ in order. Senator"' placed in nomination for the office of Presi- dent pro tem.^* of the Senate^ the Hon. of County. Senator^^ from the District. Senator^ seconded the nomination of Senator'' (Same form for each nomination for President pro tem.) The President- put the question, "'Are there any other nominations for President pro tem.^^ of the Senate^?" There being no response, the nominations were declared closed. The roll was called Avith the following result: (Roll to be called until one of the nominees receives a majority vote.) For Hon. — Senators" For Hon. — Senators' Whereupon the President- announced that Senator^ having received a majority of all of the votes east was declared duly elected President pro tem.^* of the Senate^ for the session of the California Legislature.^^ PRESENTATIO.X OF PRESIDENT'^ PRO TEM. Lieutenant Governor President of the Senate,^' then presented to the Senate^ Hon. , Pi-esident'* pro tem. of the Senate.^ NOMINATION FOR AND ELECTION OF SECRETARY" OF THE SENATE.^ The President" declared nominations for Secretary- of the Senate^ in order. Senator placi'd in iioiiiiii;itii»u for Secretary- ot' llic Senate^ of C'ounty. Senators and seconded llic tionii nation of for Secretary'-' of the Senate.^ (Same form for additional nominations.) The President''' |)nt tlic r|uestion, "Are there any I'mlln-r mmiina- tions for the office of Scfr<'lar\-' of the Senate' '" There being n(t response, nominations were deel.iied elosed. '{"lie President" directed the Secret a r\- to eall tin- roll. '{"lie roll was called, with the following result: For — Senators' For — Senators' » 20 LEGISLATIVK MANUAL AND FORM BOOK. WluMvupon the Pi'esidcnt'^ declared having received a majority of all of the votes cast was duly elected Secretary- of the Senate.'" NOMINATION FOR AND ELECTION OF SERGEANT- AT-ARMS. The President^* declared iioitiiiuitions for the office of Serj>'eant-at- Arnis of the Senate^ in order. Senator" phiced in nomination for Serg'cant-at- xVrms of the Senate^ of Comity. Senator^ .sec(mded the nomination of for Sergeant-at-Arm.s. (^'ame form for adrlittonal nominations.) The President" pnt the question, "Are there any further nomina- tions for the office of Sergeant-at-Arms of the Senate^?" There being no response, nominations were declared closed. The President" directed the Secretary- to call the roll. The roll Avas called, with the following result : For — Senators^ Por — Senators^ Whereupon the President" declared having received a majority of all of the votes cast Avas duly elected Sergeant-at-Arms of the Senate.^ NOMINATION FOR AND ELECTION OF MINUTE CLERK OF THE SENATE.^ The President'* declared nominations for ^^linute Clerk of the Senate' in order. Senator" placed in nomination for ^Minute Clerk of the Senate^ of -_-- County. Senator^ seconded the nomination of for Minute Clerk. iSanif form for additional nominations.) The President" put the question, "Are there any other nominations for the office of Minute Clerk of the Senate^ ? ' ' There being no response, nominations Avere declared closed. The President" directed the Secretary- to call the roll. The roll was called. Avith the following result : For — Senators^ For — Senators' Whereupon the President" declared having received a majority of all of the votes cast was duly elected IMinute Clerk of the Senate.^ NOMINATION FOR AND ELECTION OF CHAPLAIN. The President" declared nominations for the office of Chaplain of the Senate^ in order. Senator" placed in nomination for Chaplain of the Senate' Rev. of County. Senator" seconded the nomination of Rev. for Chaplain. (Same form for additional nominations.) LEGISLATIVE MAXUAL AND FORM BOOK. 21 The President^* put the question, "Are there any further nomina- tions for the office of Chaplain of the Senate^?" There being no response, the nominations were deehired closed. The President^* directed the Secretary- to call the roll. The roll was called, with the following result : For Rev. —Senators' For Rir. — Senators' Whereupon the President^* declared Rev. having received a majority of all of the votes cast was duly elec-ted Chaplain of the Senate.^ OATH OF OFFICE ADMINISTERED. The newly elected officers of the Senate/ , Secretary,- Sergeant-at-Arms, , Minute Clerk, and Rev. Chaplain, appeared at the bar of the Senate^ where the con.stitutional oath of office was administered to them by Lieutenant Governor , President of the Senate.'' and they snb.scribed to the same. RESOLUTION. The following resolution was offered: By Senator^ : Resolved. That the standini; rules of the Senate' of the session of the Legis- lature of the State of California be and they are hereby adopted as the temporary rules of the Senate' of the session excepting [such rules as may conflict with temporary organization ] . Re.solution read and on motion of Senator^' adopted. TE.MI'ORARY KUI.tCS OF THE SENATE.' Rule 1. etc. RESOLUTION. The following resolution was offered: By Senator^ : Rciolrrd. That the Secretary^ of the Senate' is hereby directed to notify the A.ssembly'" that the Senate' is now duly organized and ready to proceed with the busi- ness of the State, having elected the following statutory officers : I'resid«'nt pro teni. — 1 Secretary of Senate — ' Sergeant-at-Arms — Minute Clerk — Clia plain — Resolution read and on motion of Senator' ailopted. KESor-UTION. The following resolution was offered: By Senator'' : RcHolrvd. That the I'rcsidcnt"' of the S.'iiate' appoint a special committee of three to notify the (iovernor of the organization of the Senate.' and that the Senate is now ready to receive any runuiiunicatiim he may desire to transmit. Resolution r^ad and on inolion of Scnalor'" ;ido|it(il. \l'|- 00 per day Sti'nograplier •"» Oo per (\:\y. etc. Senator moved that the resolution be adopted. The (nicstion being on Ihe ado|)ti(m of the resoliilioii. The rnll was called and llie rcsohition adopted l»y the Inllowing vole: Aye.s — SenatoPH* Noes — . 26 ' LEGISLATIVE MANUAL AND FORM BOOK. RESOLUTION (OUT OF ORDER). By consent of the Senate,'' the following resolution was introduced out of regular order : By Senator' : Skxate ("oxcurkknt Resoh'tion No. 2. Kolativc to Appoiutmont of Committep for Joint Rules. Rfsohcd hij the Senate, the Assemhli/ eoncurrbui. That a committee of three members of the Senate, one of whom shall be the President pro tern., be appointed to •confer with a committee of four members of the Assembly, one of whom shall be the Speaker, said committees to be appointed by the President of Senate and Speaker of Assembly, respectively, to propose and present joint rules of the two houses for the " session of the Legislature. Resolution read. Senator moved tluit the resolution be considered with- out reference to committee. ]\lotion carried. The question beino- on the adoption of the resolution. The roll was called and the resolution adopted by the following vote : Ayes — Senators Noes — Senate Concurrent Resolution No. 2 ordered engrossed and trans- mitted to the Assembly. APPOINTMENT OF SPECIAL COMMITTEE. The President announced, in accordance with the above resolution, the appointment of Senators* . , and as a Special Committee on Joint Rules. APPOINTMENT BY SERGEANT-AT-ARMS. The following communication was received and read : Mr. Pkesiuext^ : I beg leave to report that I have this day appointed _j Bookkeeper to the Sergeant-at-Arms, and respectfully ask the consent of the Senate'* thereto. , Sergeant-at-Arms. Senator^ moved that the Senate^ consent to the appointment by the Sergeant-at-Arms. The roll wa.s called and the consent of the Senate'' granted by the following vote : Ayes — Senators* XoE.s — RECEIPT OF PAPERS IN CONTESTED ELECTION. The President pro tem. announced that he had received the papers in the election contest, in which ex-Senator contested the election of Senator , and that the same would be I'eferred to the proper committee Avhen said committee shall have been appointed. MESSAGE FROM THE ASSEMBLY. The following message was received and read: Assembly Chamber, Sacramento, January 5, 1915. Mr. President : I am directed to inform your honorable body that the Assembly on this day adopted Senate Concurrent Resolution No. 2 — Referring to Committee on .Joint Rules. , Chief Clerk of Assembly. Senate Concurrent Resoliition No. 2 ordered to enrollment. LEGISLATIVE MAXL'AL AND FORM BOOK. 27 RECESS. At o'clock and minutes in., the Pre.sident pro teni. declared the Senate at recess for the purpose of meetiui: with the Assenihly in Joint Convention in accordance with the provi.sions of Assembly Ccneurrent Resolution No. 1. IX JOINT ("OXVEXTIOX. Assembly Chamber. Sacramento. Tuesday, January At o'clock m. the Senate and Assembly met in -loint Conven- tion. Lieutenant Governor President of the Senate, directed the Secretary of the Senate to call the roll of Senators. SENATE ROLL CALL. The roll was called, and the following answered to their names : .Souators The President of the Senate declared a quorum of the Senate present. Hon. Speaker of the Assembly, directed the Chief Clerk of the A.ssembly to call the roll of A.ssemblymen. assembly roll call. The roll was called, and the following answered to their names : Messrs. : : : —79. The Speaker of the Assembly declared a cpiorum of the Assembly present. regular order of business. By direction of the President of the Senate, the Secretary of the Senate read .sections of the Constitution of the State of California and sections of the I^olitical Code of the State, which provide for the two branches of the Legislature meeting in joint convention for the purpose of canva.ssing the votes cast for (Jov(M'Tior and Lieutenant (lovcrnoj-. as follows: Of article V of the Constitn.tion : Section 4. The returns of everj' election for Governor sliall be sealed up and transinittfd to ilie seat of jfovernment direoted to the Sjienker of the Assemhly, who sliall. dnrin;; the lirst week of the session, open aner nf \otes .«hall be (iovernor; but in ease any two or more have an e. .\ I,iculeu;int (Jovernur slnill I leetcd at (he siune time and places. and in the same manner, as tlie (Jovernor, an. The returns for election for Governor and Lieutenant Governor must, (luring the first week of the session, be opened, canvassed, and the result declared bv the Speaker of the Assembly, in ])resence of both houses. Section" 1207. No declaralion of the result, commission or certificate must be withheld on account of any defect or informality in the return of any election if it can with reasonable certainty be ascertained from such return what office is intended, and who is elected thereto. ANNOUNCEMENT. The Speaker of the Assembly announced that the election returns from all the counties in the State had been received, and were now at the desk, and that the Joint Convention would proceed with the opening of the returns from the recent election of Governor and Lieutenant Governor. APPOINTMENT OF TELLERS. The Speaker of the Assembly appointed as tellers, on the part of the Assembly, Messrs. The President of the Senate appointed as tellers, on the part of the Senate, Senators CANVASS OF RETURNS. A canvass of the returns was thereupon made, and the tellers reported : FOR GOVERXOR. The tola! number of votes cast for each of the several candidates for the office" of Governor of the State of California was announced as follows : Whereupon the Speaker of the Assembly declared duly elected Governor of the State of California for the next succeeding four years. FOR LIEUTENAXT GOVERNOR. The total number of votes cast for each of the several candidates for the office of Lieutenant (Governor of the State of California was announced as follows : AVhereupon the Speaker of the Assembly declared duly elected Lieutenant Governor of the State of California for the next succeeding four years. LEGISLATIVE MAXl'AL AND FORM BOOK. 29 RESOLUTION. Senator offered the following resolution, and moved its adoption : RcsohctJ. That the hour of __ be appointed the time when, and the Assembly Chamber in the State Capitol, Sacra- mento. Calitornia. the place where, the (iovernor and Lieutenant (Tovernor-eleot shall take the official oath in the presence of borli IIousi's of the Ledslatuic in jdint. convention assembled, as required in and by section 00.") of the Political Code. That the Joint Committee on Inauguration, already appointed, be and are hereby directed to inform the Governor and Lieutenant Governor-elect of this action, and that when this .Joint Convention adjourns it adjourn to meet at the hour and place aforesaid. Re.soliition read, and on motion of Senator adopted. READING AND APPROVAIi OF MINUTES. The minutes of the Joint Convention were then read, and on motion, approved. ADJOURNMENT. At two o'clock and thirty minutes p.m., the President pro teuu- of the Senate-' declared the Joint Convention adjourned until IX SENATE.' RECONVENED. At o'clock and minutes ]n. the Seiuite"' reconvened. Lieutenant Governor President- of the Senate,^ in the chair. RECESS." At (t "clock minutes m., on motion of Senator , the President- declared the Senate-' at recess.' EXPLANATORY NOTE. 'Or Mr. "Or other pi-csidins' officer. ■'Or As.sembly. *Or Messrs. . ^ , , , ., •'In the Assend)lv show the introduction and a i , X. H. — Inaugural ceremonies v;iry acconlinu^ to ilie lasle ot the (.iivernor-eh'cl and" will i)e in accordance with the provisions of the resolution adopted by the Joint Convention on the subjeii. SEC. 23. (Form.) CONVENING OF SEN ATE —( DAILY). IX SEXATIv' Sknatk' Ciiamhkk. Sacraiiientn. California. The Senate' met at (»"cluck ...in.. Lieutenant (Jovernor President-' of the Semite." in eliair. 30 LEGISLATIVE MANUAL AND FORM BOOK, The roll was called by Seeivtai-y , and the following answered to their names: SontUors Also: (At the first session after the constitutional recess.) Pursnant to the provisions of Concurrent Resolution No the Senate^ reconvened at the hour of twelve o'clock noon. Lieutenant Governor President of the Senate in the chair. EXPLAN'.ATORY NOTE. M")r Assembly. =0r Hou. "Or other prosidin;;- officer. SEC. 29. ,^ (Form.) (Chanti'e of presiding officer.) LIEUTENANT GOVERNOR' IN THE CHAIR. At o'clock and minutes __.m., Lieutenant Governor- , President^ of the Senate, in the chair. EXPLANATORY NOTE. 'Or other presiding officer. =0r Hon. Also : PRESIDENT^ PRO TEM. IN THE CHAIR. At --. o'clock and minutes __.m., Hon. President^ pro tem. of the Senate, in the chair. EXPI.AXATORY NOTE. 'Or Sneaker Also : SENATOR' IN THE CHAIR. At o'clock and minutes __.m.. Senator^ of the district was called to the chair. EXPLANATORY NOTE. 'Or Mr. SEC. 30. ^^ (Form.) PRAYER. Prayer was offered by the Chaplain, Rev. (Also)*: By invitation of the President.^ prayer was then offered by Rev. EXPLANATORY NOTE. 'Or Other presiding officer. LEGISLATIVE MANUAL AND FORM BOOK. 31 SEC. 31. ,_ (Form.) READING OF THE JOURNAL. During the reading of the Journal of da}', , 19- ., the further reading was dispensed with, on motion of Senator' EXPLANATORY NOTE. ^Or Mr. SEC. 32. ^^ (Fcrm.) LEAVE OF ABSENCE. Senator^ was, on motion of Senator^ granted leave of absence for this day. EXPLANATORY NOTE. 'Or Mr. SEC. 33. ,^ (Form.) APPROVAL OF JOURNAL. On motion of Senator^ the Journals of day, . 19 . and day 19 , were approved as corrected. EXPLANATORY NOTE. 'Or Mr. SEC. 34. (Form.) PETITIONS. Senator presented the following petition, which was read and ordered printed in the Journal : To the State Legislature: Whereas, etc., Signed. .ToirN SMiTir, ami 1297 othors. (Also) : Tlic following petition wa.s read and ordered printed in the Journal: SEC. 35. f Form.) COMMUNICATIONS. Tlie following eoiiiiunnieations were read and ordei-ed j)rinted in tlie Journal : 32 LEGISLATIVE MANUAL AND FORM BOOK. SEC. 36. (Form.) HOUR OF RECESS EXTENDED. At twelve o'clock and tliirty minutes- p.m., on motion of Senator^ the hour of reces.s was extended until o'clock and minutes. EXPLANATOrtY NOTE. 'Or Mr. -Ov at twelve o'clock. SEC. 37. (Form.) RECESS. ( X(Jou re.milar.) The hour of twelve o'clock and thirty minutes p.m., having arrived, the President- declared the Senate at recess until two o'clock p.m. Also : At o'clock and minutes'* p.m., on motion of Senator^ the President- declared the Senate at recess until o'clock m. EXPLANATORY NOTE. 'Or i\Ir. -Or other i)res!diui;- officer. ^Or Assembly. *0r at twelve o'clock. SEC. 38. (Form.) RECONVENED. At o'clock __.m., the Senate reconvened. Lieutenant Governor^ , President of the Senate, in the chair. Secretary- at the de.sk. EXPLANATORY NOTE. 'Or Hon. President pro tern. -Or other officer. SEC. 39. (Form.) ADJOURNMENT— (DAILY). At o'clock and minutes __.m., on motion of Senator^ , the President- declared the Senate^ adjourned.* AD.TOURNMENT OUT OF RESPECT. Also: On motion of Senator^ duly seconded by Senator^ , the Senate'^ decided by rising vote that when adjourn- ment for this day should be had, that such adjournment should be out of respect to the memory of the late 1 , formerlv LEGISLATIVE MANUAL AND FORM BOOK. 33 ADJOURNMENT. At o'clook and minutes m., on motion of Sen- ator' tlie President'- declared the Senate" adjourned ont of respect to the memory of the late formerly EXPLANATORY NOTE. ;;or Mr. "Or other presiding officer. ^Or Assembly. *Or until Monday. 19 at 11:00 o'clock a.m. SEC. 40. (Form.) ADJOURNMENT. (For Constitutional Recess or Sine Die.) RESOLUTION. By Senator^ : Rcsolrcd. Tliat a committee of three be appointed to notify the Assembly* that (he Senate' is ready to adjourn" for the constitutional recess and ask if the Assembly" has any further communications to transmit to the Senate.^ Resolution read, and on motion of Senator^ adopted. APPOINTMENTS BY THE PRESIDENT.^ In accordance with the above resolution, Senators^ , and were named by the President^ as tlie committee to notify the Assembly- that the Senate'' was ready to adjourn'' for the constitutional recess. RESOLUTION. By Senator' : Rcfiohcd, That a connnittce of three be appointed by the President'' of tlie Senate^ to notify the Governor that the Senate' is ready to adjourn^ for the constitutional recess'' and ask if he has an.v further communications to transmit to the Senate.^ Resolution read, and on motion of Senator^ adopted. APPOINTMENTS BA' THE PRESIDENT.^ In accordance with the above resolution Senators^ , and were named as the committee to notify the Governor that the Senate'' was ready to adjourn" for the constitutional recess.'' ******* REPORT OF COMMITTEE. Senator^ , as chairman of the committee appointed to wait upon the Governor and inform him of the Senate's'' readiness to afljourn" for the C(jns1itutional recess," reported that liis KxcellfUcN had informed the committee that he had no further communication to traiisiiiii to the Senate. HKI'ORT OF COMMITTEE. Senator' , as chairman of the committee api)ointed to notify the Assembly- that the Senate' was ready to adjourn" for the constitutional recess," i-eporlcd that they had notified Ihc Assembly- according to their instructions and that the As.sembly'' would shortly convey a ines.saf. Militia. (Constitution.) Sec. (iL Legislature to encourage education. (Constitution.) Sec. 02. County superintendent of schools. ( Ccnsiitution. ) Sec. 03. State school fund. (Con.stitution.) Sec. 04. Common school system. (Con.stitution.) Sec. 05. Support of school system. (Con.stitution.) Sec. (iO. State Board of Education — Free textbooks, ((^onstituliou.^ Sec. 07. No i)ul)lic money f(jr sectarian schools. (Constitution.) Sec. OS. Powers and duties of prison directors. (Constitution.) Sec. 09. Legislature to prescribe powers and duties of prison otficials. (Consti- tution. Sec. 70. Formation of m-w counties. (Coiislitut ion. I Sec. 7L ('onnty governments and township organization. ( ('(uistituliou. i Sec. 72. Compensation of officers and jurors. (Constitution.) Sec. 73. Only municiiiality can tax for nnmicipal purposes. ( Conslltution.) Si'c. 74. No delegation as to municipal inipi-ovi'mcnts to ))rivate corjiorations — Exception. ( Constitution.) Sec. 75. Ceneral laws as to inspection of merehandise. ( ('(juslitution. ) Sec. 70. (Jeneral laws as to formation of corporations. ( Con.s) lint ion. ) Sec. 77. Hank corporations only under general laws — .\o bank enrrency. (Consti- ludon. ) Sec. 7s. Ivxieii.sion f)f franriiisc of corporaiion iJiinission of forfei) nr<'. (Consti- tution. ) Ser. 7!». ( 'orporation iiroperly subject lo c-ondeniiiaiioM l'oIi. Legislature may provide taxation exemption in certain cases. (Consti- tution. ) See. 90. Contract impairing power of taxation forbidden. (Constitution.) Sec. 01. Payment of real property taxes by installments. (Constitution.) Sec. 92. Taxpayer's annual pro])erty statement. (Con.stitution.) Sec. 93. State and county boards of equalization. (Constitution.) Sec. 94. Property, where assessed. (Constitution.) Sec. 95. Income tax may be levied. (Constitution.) Sec. 90. No poll tax to be levied. (Constitution.) Sec. 97. r^xemption of certain trees and vines. (Constitution.) Sec. 98. Legislature to provide for enforcement. (Constitution.) Sec. 99. Basis of taxation for state purposes. (Constitution.) Sec. 100. Harbor frontage subject to eminent domain. (Con.stitution.) Sec. 101. People shall always have access to navigable waters. (Constitution.) Sec. 10"2, Tide lands not to pass into private hands. (Constitution.) Sec. 103. Limitation of .state indebtedness. (Constitution.) Sec. 104. Exemptions of homesteads. (Constitution.) Sec. 105. Holding of unimproved lands against public interest. (Constitution.) Sec. 100. Constitution, how amended. (Constitution.) Sec. 107. Constitutional conventions. (Constitution.) Sec. lOS. Power of Legislature to regulate aliens. (Constitution.) Sec. 109. Immigration of foreigners ineligible to citizenship to be discouraged. (Constitution. ) Sec. 110. Officials to be provided for by Legislature. (Constitution.) Sec. 111. Fi.scal year. (Constitution.) Sec. 112. Suits against State. (Constitution.) Sec. 113. Disqualification for bribery. (Constitution.) Sec. 114. Misconduct in office — Corrupt practices. (Constitution.) Sec. 115. Election by plurality — Municipal regulations. (Constitution.) Sec. 110. State Board of Health. (Constitution.) Sec. 117. Mechanics' liens. (Constitution.) Sec. lis. Term of office when not fixed by Constitution. (Constitution.) Sec. 119. Eight-hour day on public w^ork. (Constitution.) Sec. 120. Minimum wage for women and minors. (Constitution.) Sec. 121. Workmen's compensation — Labor disputes. (Con.stitution.) Sec. 122. The recall. (Constitution.) SEC. 41. RIGHT OF PEOPLE TO ASSEMBLE AND PETITION. The people shall have the right to freely assemble together to consult for the common good, to instruct their representatives, and to petition the Legislature for redress of orievanees. (Consfifutio>i, art. 7, sec. 10.) SEC. 42. NO IMPRISONMENT FOR DEBT. No person shall be imprisoned for debt in any civil action, on mesne or final process, unless in eases of fraud, nor in civil actions for torts, LEGISLATIVE MANUAL AND FORM BOOK. 37 except iu eases of wilful injnry to person or property; and no person shall be imprisoned for a militia fine in time of peace. {Const it utioti, art. I. sec. 15.) SEC. 43. BILL OF ATTAINDER— EX POST FACTO LAW— OBLIGATION OF CONTRACT. Xo bill of attainder, ex post facto law. or law impairing the obliga- tions of contracts, shall ever be passed. (Coustituiion, art. I, sec. 16.) SEC. 44. PRIVILEGES AND IMMUNITIES. No special privileges or imnumities shall ever l)e granted which may not be altered, revoked, or repealed by the Legislature, nor shall any citizen, or class of citizens, be granted privileges or immunities Avhich. upon the same terms, shall not be granted to all citizens. (Constitution, art. I, sec. 21.) SEC. 45. CONSTITUTION MANDATORY. The provisions of this Constitution are mandatory and prohibitory, unless by express Avords they are declared to be otherwise. (Constitu- tion, art. I, sec. 22.) SEC. 46. RIGHTS RESERVED BY PEOPLE. This enumeration of rights shall not be (.-onstrucd to impair or deny others retained by the people. (Constitution, art. I. sec. 23.) SEC. 47. NO PROPERTY QUALIFICATION OF ELECTORS. No property qualilication shall ever be required for any person to vote or hold office. {Conslitulioii. art. I. sec. 24.) SEC. 48. RIGHT TO FISH. The |)copl(' siiall li;i\f liu' riglil to lisli upon and I'nuii pui)lic lands of the State and in the waters thereof, excepting upon lands set aside for fisli hatcheries, and no land owned by tiie State shall ever be sold or transferred williout reserving in the i)eople the absolute right to fish thereuixjii ; and no law shall evei- be passed makinir it a crime for the {jeoph- to enter upon the pul)lie huids within this Stale for the purpo.se of lishitig in any water containing lish that have been planted therein by the State; itrnridal, that the Legislature nuiy by statute, provide for the season when and tlie ec.iiditions uiuler whieh the dif- ferent species of fisli may be taken, i ('(tiisl il iiliun, art. I, .vrc. 2'^.) 4 9ns 38 LEGISLATIVE MANUAL AND FORM BOOK. SEC. 49. PRIMARY ELECTIONS. The Lei>islature shall have the power to enact laws relative to the election of delegates to conventions of political parties; and the Legis- lature shall enact laws providing for the direct nomination of candi- dates for public office, by electors, political parties, or organizations of electors without conventions, at elections to be known and designated as primary elections ; also to determine the tests and conditions upon which electors, political parties, or organizations of electors may par- ticipate in any such primary election. It shall also be lawful for the Legislature to prescribe that any such primary election shall be man- datory and obligatory. The Legislature shall also have the power to establish the rates of compensation for primary election officers serving at such primary elections in any city, or city and county, or county or other subdivision of a designated population, without making such compensation uniform, and for such purpose such law may declare the population of any city, city and county, county or political subdivision ; provided, however, that until the Legislature shall enact a direct pri- mary election law under the provisions of this section, the present primarv election' law shall remain in force and effect. (Constituiion, art. IL sec. 2^.) SEC. 50. LIMITATIONS UPON THE POWER OF THE LEGISLATURE TO ENACT LAWS. The legislative power of this State shall be vested in a Senate and Assembly which shall be designated "The Legislature of the State of California," but the people reserve to themselves the power to propose laws and amendments to the Constitution, and to adopt or reject the same, at the polls independent of the Legislature, and also reserve the power, at their own option, to so adopt or reject any act, or section or part of any act, passed by the Legislature. The enacting clause of every law shall be "The people of the State of California clo enact as follows : ' ' ****** * No act passed by the Legislature shall go into effect until ninety days after the final adjournment of the session of the Legislature which passed such act, except acts calling elections, acts providing for tax levies or appropriations for the usual current expenses of the State, and urgency measures necessary for the immediate preservation of the public peace, health or safety, passed by a two-thirds vote of all the members elected to each House. ******* Whenever it is deemed necessary for the immediate preservation of the public peace, health or safety, that a law shall go into immediate effect, a statement of the facts constituting such necessity shall be set forth in one section of the act, which section shall be passed only upon a yea and nay vote, upon a separate roll call thereon; provided, how- ever, that no measure creating or abolishing any office or changing the salary, term or duties of any officer, or granting any franchise or special privilege, or creating any vested right or interest, shall be LEGISLATIVE MANUAL AND FORM BOOK. 39 construed to be an urgency measure. Any law so passeil l)y the Legis- lature and declared to be an urgency measure shall go into immediate effect. (Const if ufin». art. JV, src. 1.) SEC. 51. LENDING PUBLIC CREDIT PROHIBITED. The Legislature shall have no power to give or to lend, or to authorize the giving or lending, of the credit of the State, or of any county, city and county, city, township, or other political corporation or subdivision of the State now existing, or that may be hereafter established, in aid of or to any person, association or corporation, whether municipal or otherwise, or to pledge the credit thereof, in any manner whatever, for the payment of the liabilities of any individual, association, municipal or other corporation whatever; nor shall it have power to make any gift, or authorize the making of any gift, of any public money or thing of any value to any individual, municipal or other corporation what- ever ; provided, that nothing in this section shall prevent the Legislature granting aid pursviant to section twenty-two of this article ; and it shall not have power to authorize the State, or any political subdivision thereof, to subscribe for stock, or to become a stockholder in any coi'po- ration whatever; provided, further, that irrigation districts for the purpose of acquiring the control of any entire international water sys- tem necessary for its use and purposes, a part of which is situated in the Ignited States, and a part thereof in a foreign country, may in the manner authorized by law. acquire the stock of any foreign corporation which is the owner of, or which holds the title to the part of such system situated in a foreign country. (Constitution, art. IV, sec. 31.) SEC. 52. REGULATION OF CHARGES OF PUBLIC SERVICE CORPORATIONS. The Legislature shall pass laws for tlie regulation and limitation of the charges for services performed and commodities furnished by tele- graph and ga.s corporations, and the charges by corporations or indi- viduals for storage and wharfage, in which tliere is a public use; and where laws sliall provide for the selection of any person or officer to regulate and limit such rates, no such person or offieer shall be selected by any corporation or individual interested in the busines.s to be regu- lated, and no person shall be selected who is an officer or stockholder in any such corporation. (Constifution, art. IV, sec. 33.) SEC. 53. STATE HIGHWAY SYSTEM AUTHORIZED. The liCgislatnri' slinll liavc [xiwcr 1o cstalilisli a system ol' State liigh- wa\s or to declare any road a Stale liighway, and lo pass all laws necessary or proper to const i-iict and maintain the same, and to extend aid for the eonstrnetion and maintenance in whoh' or in part of any county highway. (Couslif iifion, art. I\', sec. '.U>.) 40 LEGISLATIVE MANUAL AND FORM BOOK. SEC. 53i/2. COURTS OF THIS STATE. The judicial power of the State shall be vested in the Senate, sitting- as a court of impeachment, in a Supreme Court, District Courts of Appeal, Superior Courts and such inferior courts as the Legislature may establish in any incorporated city or town, township, county, or citv and county. {Consfiiulion, arf. VT, sec. 1.) SEC. 54. LEGISLATURE TO PROVIDE INFERIOR COURTS. The Legislature shall determine the number of each of the inferior courts in incorporated cities or towns, and in townships, counties, or cities and counties, according to the population thereof and the number of .judges or justices thereof, and shall fix by law the powers, duties and responsibilities of each of such courts and of the judges or justices thereof; provided, such powers shall not in any case trench upon the jurisdiction of the several courts of record, except that the Legislature shall provide that said courts shall have concurrent jurisdiction with the Superior Courts in cases of forcible entry and detainer, where the rental value does not exceed twenty-five dollars per month, and M'here the whole amount of damages claimed does not exceed two hundred dollars, and in cases to enforce and foreclose liens on personal property when neither the amount of liens nor the value of the property amounts to three hundred dollars. {Constitution, art. VI, sec. 11.) SEC. 55. COURTS OF RECORD. The Supreme Court, the District Courts of Appeal, the Superior Courts, and such other courts as the Legislature shall prescribe, shall be courts of record. {Constitution, eirt. VI, sec. 12.) SEC. 56. JURISDICTION OF INFERIOR COURTS AND POWERS OF JUDGES. The Legislature shall fix by law the jurisdiction of any inferior courts which may be established in pursuance of section one of this article, and shall fix by law the powers, duties, responsibilities of the judges thereof. {Covstitution, art. VI, sec. 13.) SEC. 57. COURT CLERKS— COMMISSIONERS. The county clerks shall be ex officio clerks of the courts of record in and for their respective counties, or cities and counties. The Legisla- ture may also provide for the appointment, by the several superior courts, of one or more commissioners in their respective counties, or cities and counties, witli autliority to perform chamber business of the Judges of the Superior Courts, to take depositions, and perform such other business connected with the administration of justice as may be prescribed by law. {Constitution, art. VI, sec. 14.) LEGISLATIVE MANUAL AND FORM BOOK. 41 SEC. 58. FEES OF JUDICIAL OFFICERS ABOLISHED. No judicial officer, except court commissioners, shall receive to his own use any fee.s or perquisites of otlfice ; prorided, that Justices of the Peace now holding- office shall receive to their own use such fees as are now allowed by law during the terms for which they have been elected. (Constitution, art. VI, sec. 15.) SEC. 59. PUBLICATION OF OPINIONS OF APPELLATE COURTS. The Legislature shall provide for the speedy publication of such opinions of the Supreme Court and of the District Courts of Appeal as the Supreme Court may deem expedient, and all opinions shall be free for publication by any person. {Constitution, art. VI, sec. 16.) SEC. 60. MILITIA. The Legislature shall provide, by law. for organizing and disciplining the militia, in such manner as it may deem expedient, not incompatible with the Constitution and laws of the United States. Officers of the militia shall be elected or appointed in such a manner as the Legislature shall, from time to time, direct, and shall be commissioned by the Gov- ernor. The Governor shall have power to call forth the militia to execute the laws of the State, to suppress insurrections, and repel invasions. {Constitution, art. VIII, sec. 1.) SEC. 61. LEGISLATURE TO ENCOURAGE EDUCATION. A general diffusion of knowledge and intelligence being essential to the preservation of the rights and liberties of the people, the Legislature shall encourage by all suitable means the promotion of intellectual, scientific, moral and agricultural improvement. {Constitution, art. IX. sec. 1.) SEC. 62. COUNTY SUPERINTENDENT OF SCHOOLS. A superintendent of schools for each county shall be elected by the qualified electors thereof at each gubernatorial election; provided, that the Legislature may authori/.e two or more counties to unite and elect one superintendent for the counties so uniting. {Constitution, arl. IX. sfc. 3.) ®^^' ^^' STATE SCHOOL FUND. The proceeds of all lands that have been or may be gnuited by tlie United States to this State for the support of common scIiooIk. which mav be, or may have been, sold or disposed of, and tlic five liun«lrc<\' ihi^ Coiisf ilul lou. 48 LEGISLATIVE MANUAL AND FORM BOOK. From and after the passage by tlie Legislature of laws conferring powers upon the Railroad Commission respecting public utilities, all powers respecting such public utilities vested in boards of supervisors, or municipal councils, or other governing bodies of the several counties, cities and counties, cities and towns, in this State, or in any commission created by law and existing at the time of the passage of such laws, shall cease so far as such powers shall conflict with the powers so con- ferred upon the Railroad Commission. * * * {Consiiiution, art. XII, sec. 23.) SEC. 87. LEGISLATURE MAY INVEST RAILROAD COMMISSION WITH POWER TO FIX COMPENSATION FOR TAKING PUBLIC UTILITY PROPERTY. The Railroad Commission shall have and exercise such power and jurisdiction as shall be conferred upon it by the Legislature to fix the just compensation to be paid for the taking of any property of a public utility in eminent domain proceedings by the State or any county, city and county, incorporated city or town, or municipal water district, and the right of the Legislature to confer such powers upon the Railroad Commission is hereby declared to be plenary and to be imlimited by any provision of this Constitution. All acts of the Legislature heretofore adopted, which are in accordance herewith, are hereby confirmed and declared valid. {Constitution, art. XII, sec. 23a.) DUTY ON LEGISLATURE TO ENFORCE ARTICLE. The Legislature shall pass all laws necessary for the enforcement of the provisions of this article. {Constitution, art. XII, sec. 24.) SEC. 89. LEGISLATURE MAY PROVIDE TAXATION EXEMPTION IN CERTAIN CASES. All property in the State except as otherwise in this Constitution provided, not exempt under the laws of the United States, shall be taxed in proportion to its value, to be ascertained as provided by law, or as hereinafter provided. ******* The Legislature may provide, except in the case of credits secured by mortgage or trust deed, for a deduction from credits of debts due to bona fide residents of this state. {Constitution, art. XIII, sec. 1.) SEC. 90. CONTRACT IMPAIRING POWER OF TAXATION FORBIDDEN. The power of taxation shall never be surrendered or suspended by any grant or contract to which the State shall be a party. {Constitution, art. XIII, sec. 6.) LEGISLATIVE MANUAL AND FORM BOOK. 49 SEC. 91. PAYMENT OF REAL PROPERTY TAXES BY INSTALLMENTS. The Legislature shall have the power to provide by law for the pay- ment of all taxes ou real property by installments. {Constitution, art. XIII, sec. 7.) SEC. 92. TAXPAYER'S ANNUAL PROPERTY STATEMENT. The Legislature shall by law require each taxpayer in this State to make and deliver to the county assessor, annually, a statement, under oath, setting forth specifically all the real and personal property owned by such taxpayer, or in his possession, or under his control, at twelve o'clock meridian on the first Mondav of March. (Canstitution, art. XIII, sec. 8.) SEC. 93. STATE AND COUNTY BOARDS OF EQUALIZATION. The Legislature shall have power to redistrict the State into four districts, as nearly equal in population as practical, and to provide for the elections of members of said Board of Equalization. {Constitution, art. XIII, sec. 9.) SEC. 94. PROPERTY, WHERE ASSESSED. All property, except as otherwise in this Constitution provided, shall be assessed in the county, city, city and county, town or township, or district in whicli it is situated, in the manner prescribed by law. {Con- stitution, art. XIII, sec. 10.) SEC. 95. INCOME TAX MAY BE LEVIED. Income taxes maj' be as-sessed to and collected from persons, corpora- tions, joint-stock associations, or companies resident or doing business in this State, or any one or more of them, in .such cases and amounts, and in such manner, as shall be prescribed by law. {Constitution, art. XIII, sec. 11.) SEC. 96. NO POLL TAX TO BE LEVIED. No poll tax or head tax for any purpose whatsoever shall be levied or collected in the State of California. {Constitution, art. XIII, sec. 12.) -16821 50 LEGISLATIVE MANUAL AND FORM BOOK. SEC. 97. EXEMPTION OF CERTAIN TREES AND VINES. Fruit and nut bearing trees under the age of four years from the time of planting in orchard form, and grapevines under the age of three years from the time of planting in vineyard form, shall be exempt from taxation, and nothing in this article shall be construed as subjecting such trees and grapevines to taxation. {Constitution, art. XIII, sec. 12f.) SEC. 98. LEGISLATURE TO PROVIDE FOR ENFORCEMENT. The Legislature shall pass all laws necessary to carry out the pro- visions of this article. {Constitution, art. XIII, sec. 13.) SEC. 99. BASIS OF TAXATION FOR STATE PURPOSES. Taxes levied, assessed and collected as hereinafter provided upon rail- roads, etc., * * * shall be entirely and exclusively for State purposes, and shall be levied, assessed and collected in the manner hereinafter provided. * * * All the provisions of this section shall be self-execut- ing, and the Legislature shall pass all laws necessary to carry this sec- tion into effect, and shall provide for a valuation and assessment of the property enumerated in this section, and shall prescribe the duties of the State Board of Equalization and any other officers in connection with the administration thereof. The rates of taxation fixed in this section shall remain in force until changed by the Legislature, two thirds of all the members elected to each of the two houses voting in favor thereof. * * * Until the year 1918 the State shall reimburse any and all counties which sustain loss of revenue by the withdrawal of rail- road property from county taxation for the net loss in county revenue occasioned by the withdrawal of railroad property from county taxa- tion. The Legislature shall provide for reimbursement from the general funds of any county to districts therein where loss is occasioned in such districts by the withdrawal from local taxation of property taxed for State purposes only. * * * {Constitution, art. XIII, sec. 14.) SEC. 100. HARBOR FRONTAGE SUBJECT TO EMINENT DOMAIN. The right of eminent domain is hereby declared to exist in the State to all frontages on the navigable waters of this State. {Constitution, art. XIV, sec. 1.) SEC. 101. PEOPLE SHALL ALWAYS HAVE ACCESS TO NAVIGABLE WATERS. No individual, partnership, or corporation, claiming or possessing the frontage or tidal lands of a harbor, bay, inlet estuary, or other navigable water in this State, shall be permitted to exclude the right of LEGISLATIVE MANUAL AND FORM BOOK. 51 way to such water whenever it is required for any public purpose, nor to destroy or obstruct the free navigation of such water; and the Legisla- ture shall enact such laws as will give the most liberal construction to this provision, so that access to the navigable waters of this State shall be alwavs attainable for the people thereof. [Constitution, art. XIV, sec. 2.) ^ SEC. 102. TIDE LANDS NOT TO PASS INTO PRIVATE HANDS. All tide lands within two miles of any incorporated city or to\^Ti in this State, and fronting on the waters of any harbor, estuary, bay, or inlet, used for the purposes of navigation, shall be withheld from grant or sale to private persons, partnerships, or corporations. {Constitu- tion, art. XIV, sec. 3.) SEC. 103. LIMITATION OF STATE INDEBTEDNESS. The Legislature shall not, in any manner, create any debt or debts, liability or liabilities, which shall, singly or in the aggregate with any previous debts or liabilities, exceed the sum of three hundred thousand dollars, except in case of war to repel invasion or suppres.s insurrection, imless the same shall be authorized bj' law for some single object of work to be distinctly specified therein, which law shall provide ways and means, exclusive of loans, for the payment of the interest of such debt or liability as it falls due, and also to pay and discharge the principal of such debt or liability within seventy-five years of the time of the contracting thereof, and shall be irrepealable until the principal and interest thereon shall be paid and discharged and such law may make provision for a sinking fund to pay the principal of such debt or liability to commence at a time after the incurring of such debt or liability of not more than a period of one fourth of the time of maturity of such debt or liability. * * * The Legislature may, at any time after the approval of such law by the people, if no debt shall have been contracted in pur.suance thereof, repeal the same. {Constitution, art. XVI, sec. 1.) SEC. 104. EXEMPTIONS OF HOMESTEADS. The Legislature shall protect, by law, from forced sale, a certain portion of the homestead and other property of all heads of families. {Constitution, art. XVII, sec. 1.) SEC 105. HOLDING OF UNIMPROVED LANDS AGAINST PUBLIC INTEREST. The holding of large tracts of land, uncultivated and unim|)roved. by individuals or corporations, is again.st the public interest, and should be di.scouraged by all means not inconsistent with the rights of private I)roperty. ' Conslituiion, art. XVII, sec. 2.) 52 LEGISLATIVE MANUAL AXD FORM BOOK. SEC. 106. CONSTITUTION, HOW AMENDED. Any amendment or amendments to this Constitution may be proposed in the Senate or Assembly, and if two thirds of all the members elected to each of the two houses shall vote in favor thereof, such proposed amendment or amendments shall be entered in their journaLs, with tlie yeas and nays taken thereon : and it shall be the duty of the Legislature to submit such proposed amendment or amendments to the people in such manner, and at such time, and after sneli publication as may be deemed expedient. If the people shall approve and ratify such amendment or amend- ments, or any of them, by a ma.jority of the qualified electors voting thereon, such amendment or amendments shall become a part of this Constitution. (Coustitutio)i. art. XVIII, sec. 1.) SEC. 107. CONSTITUTIONAL CONVENTIONS. AVhenever two thirds of the members elected to each branch of the Legislature shall deem it necessary to revise this Constitution, they shall recommend to the electors to vote, at the next general election, for or against a convention for that purpose, and if a majority of the electors voting at such election on the proposition for a convention shall vote in favor thereof, the Legislature shall, at its next session, provide by law for calling the same. The convention shall consist of a number of delegates not to exceed that of both branches of the Legislature, who shall be chosen in the same manner, and have the same qualifications, as members of the Legislature. The delegates so elected shall meet within three months after their election, at such place as the Legislature may direct. {Constitution, art. XVIII, sec. 2.) SEC. 108. POWER OF LEGISLATURE TO REGULATE ALIENS. The Legislature shall prescribe all necessary regulations for the pro- tection of the State, and the counties, cities, and towns thereof, from the burdens and evils arising from the presence of aliens who are or may become vagrants, paupers, mendicants, criminals, or invalids afflicted with contagious or infectious diseases, and from aliens otherwise dan- gerous or detrimental to the well-being or peace of the State, and to impose conditions upon which such persons may reside in the State, and to provide the means and mode of their removal from the State, upon failure or refusal to comply with such conditions ; provided, that nothing contained in this section shall be construed to impair or limit the power of the Legislature to pass such police laws or other regula- tions as it may deem necessary. (Constitution, art. XIX. sec. 1.) LEGISLATIVE MANUAL AND FORM BOOK. 53 SEC. 109 IMMIGRATION OF FOREIGNERS INELIGIBLE TO CITIZENSHIP TO BE DISCOURAGED. The presence of foreigners inelijible to beeouie citizens of the United States is dechired to be dangerous to the well-being of the State, and the Legislature shall discourage their immigration by all means within its power. Asiatic coolie'sm is a foim of hnmnn slavery, and is forever prohibited in this State, and all contracts for coolie labor shall be void. All companies or corporations, whether formed in this country or any foreign country, for the importation of such labor, shall be sub- ject to such penalties as the Legislature may prescribe. The Legislature shall delegate all necessary power to the incorporated citie? and towns of this State for the removal of Chinese without the limits of such cities and towns, or for their Ibvation Avithin prescribed portions of those limits, and it shall also provide the necessary le2:islation to pro- hibit the introduction into this State of Chinese after the adoption of this Constitution. This section shall be enforced by appropriate legisla- tion. {Constitution, art. XIX, sec. 4.) SEC. 110. OFFICIALS TO BE PROVIDED FOR BY LEGISLATURE. All officers or commissioners whose election or appointment is not provided for by this Constitution, and all officers or commissioners whose offices or duties may hereafter be created by law. shall be elected by the people, or appointed, as the Leeislature mav direct. {Constitu- tion, art. XX, sec. 4.) SEC. 111. FISCAL YEAR. The fiscal year shall commence on the first day of July. (Constituz Hon, art. XX, sec. 5.) SEC. 112. SUITS AGAINST STATE. Suits may be brought against the State in such manner and in such fourts as shall be directed by law. (Conslllufinii. art. XX, sec. 6.) SEC. 112. DISQUALIFICATION FOR BRIBERY. P^very yxTsoii shall be disqualKied from linlding any oilice of prulit in this State who shall have been convicted oi' having given or offered a bribe to i)rocui*e his election or appointuiciit. i Cmi.'ifilufinn, art. X.W sec. 10.) 54 LEGISLATIVE MANUAL AND FORM BOOK. SEC. 114. MISCONDUCT iN OFFICE— CORRUPT PRACTICES. Laws shall be made to exclude from office, serving on juries, and from the right of suffrage, persons convicted of bribery, perjury, forgery, malfeasance in office, or other high crimes. The privilege of free suffrage shall be supported by laws regulating elections, and prohibit- ing, under adequate penalties, all undue influence thereon from power, bribery, tumult, or other improper practice. (Constitution, art. XX, sec. 11.) SEC. 115. ELECTION BY PLU RALITY— MUN ICIPAL REGULATIONS. A plurality of the votes given at any election shall constitute a choice where not otherwise directed in this Constitution; provided, that it shall be competent in all charters of cities, counties or cities and counties framed under the authority of this Constitution to provide the manner in which their respective elective officers may be elected and to prescribe a higher proportion of the vote therefor; and provided, also, that it shall be competent for the Legislature by general law to provide the manner in which officers of municipalities organized or incorporated under general laws may be elected and to prescribe a higher proportion of the vote therefor. '{Constitution, art. XX, sec. 13.) STATE BOARD OF HEALTH. The Legislature shall provide, by law, for the maintenance and efficiency of a state board of health. {Constitution, art. XX. sec. 14.) SEC. 117. MECHANICS' LIENS. Mechanics, materialmen, artisans, and laborers of every class shall have a lien upon the property upon which they have bestowed labor or furnished material, for the value of such labor done and material furnished: and the Legislature shall provide, by law, for the speedy and efficient enforcement of such liens. {Constitution, art. XX, sec. 15.) SEC. 118. TERM OF OFFICE WHEN NOT FIXED BY CONSTITUTION. AVhen the term of any officer or commissioner is not provided for in this Constitution, the term of such officer or commissioner may be declared by law. * * * {Constitution, art. XX, sec. 16.) LEGISLATINE MANUAL AND FORM BOOK. 55 SEC. 119. EIGHT-HOUR DAY ON PUBLIC WORK. The time of service of all laborers or workmen or mechanics employed upon any public works of the State of California, or of any county, city and county, city, town, district, township, or any other political subdivision thereof, whether said work is done by contract or otherwise, shall be limited and restricted to eight hours in any one calendar day, except in cases of extraordinary emergency caused by fire, Hood, or danger to life and property, or except to work upon public, military, or naval works or defenses in time of war, and the Legislature shall pro- vide by law that a stipulation to this effect shall l)e incorporated in all contracts for public work, and prescribe proper penalties for the speedy and efficient enforcement of said law. (t' oust it id ion, art. XX, sec. 17.) SEC. 120. MINIMUM WAGE FOR WOMEN AND MINORS. The Legislature may. by appropriate legi.slation, provide for the establishment of a minimum wage for women and minors and may pro- vide for the comfort, health, safety and general welfare of any and all employees. Xo provision of this Constitution shall be construed as a limitation upon the authority of the Legislature to confer upon any commission now or hereafter created, such power and authority as the Legislature may deem requisite to carry out the provisions of this section. {Constitiition. art. XX, sec. 17^-.) SEC. 121. WORKMEN'S COMPENSATION— LABOR DISPUTES. The Legislature may by appropriate legislation create and enforce a liability on the part of all employers to compensate their employees for any injury incurred by the said employees in the course of their employment, irrespective of the fault of either party. The Legislature may provide for the settlement of any disputes arising under the legis- lation contemplated by this section, by arbitration, or by an industrial accident board, by the courts, or by eitlier any or all of these agencies, anything in this Constitution to the contraiy notwithstanding. (Con- .^titution, art. XX, sec. 21.) SEC. 122. THE RECALL. Every elective public officei- of the State of California may be removed from office at any time by the electors entitled lo vole for a suceessor of such incumbent, through the procedure and in the manner herein provided for, which i)rocedure shall be known as the recall, and is in addition lo any rrtlier method cf removal provided by law. * * "> * « *» # Xo recall jx-tilion shall be . When statutes take effect — The urgency section. (Constitution.) Sec. 14t». When joint resolutions take effect. (Constitution.) I'AKT XL Drafting of Apj'uoi'riation of P.h.l.s. Sec. 141. Appropriations, how made. (Constituiion.) Sec. 142. <;eneral appropriation bill — What to contain. (Constitution.) Sec. 143. Special approjjriation bill — Restriction as to. (Constitution.) Sec. 144. Restriction on appropriations and grant.s of aid. (Constitution.) Sec. 14.'. E.xtra compen.salion and payment without express sanction of law lirohibited. (Constitution.) Sec. 140. pivjiaration of state budget — Controller to send out blanks to lie tilled by lieads of departments. (Political Code.) Sec. 147. Sam< — Controller to send out blanks to Senators and niembers-elect of Legislature. (Political Code.) Sec. 14S. SaniJ — Claims against Stale to be tiled with Controller. (Polilhal Code. ) Sec. 14!l. SaiiK Contndler to fnrnisli tnhnhilcd slateiueiil. (P..litieal Cod.'.) See. l.")!!. Fortn 'ec-. ]."•. Form of bill amending ii general law. Sec. ir»0. Fr)rm for new general law. See l.'.T I'oiTii for liill willi iirL'encv section. 58 LEGISLATIVE MANUAL AND FORM BOOK, Tart IV. Dkaftixc. of Co.nstitctional Amendments and Joint and Concurrent RESOLrTiONs. Sot-. l.'iS. Con.'^Titutional nmendmeuts, and joint and cononrrent resolutions, how distiuguishod from bills. (Joint rule.) Sec. L">0. Joint and concurrent resolutions distinguished. (Joint rule.) Sec. 100. Form for con.stitutioual amendment. Sec. 101. Form for joint resolution. Sec. 102. Form for concurrent resolution. Part V. Introduction of Bills. Sec. 163. Use of word "bill." (Joint rule.) Sec. 164. Endorsement of bills. (Joint rule.) Sec. 16.J. Joint resolution treated as bills. (Joint rule.) Sec. 166. Introducing a bill. (Senate rule.) Sec. 167. Introducing of bills by committee. (Assembly rule.) Sec. 16S. Introduction of bills after constitutional recess. (Senate rule.) Sec. 1<'>0. Joint and concurrent resolutions and constitutional amendments. (Assem- bly rule; Senate rule.) Sec. 170. Petition to be presented with a brief statement of contents. (Assembly rule.) Sec. 171. Introduction and first reading of bills, etc. (Form.) Sec. 172. Introduction of concurrent resolution. (Form.) Sec. 173. Request for introduction of bill. (Form.) Sec. 174. Report of Committee on Introduction of P.ills. (Form.) Sec. 175. Withdrawal of bill. (Form.) PART I. GENERAL CONSTITUTIONAL AND CODE PROVISIONS REGARDING BILL DRAFTING. SEC. 123. CONSTRUCTION OF THE CODES. The rule of the eommon law that statutes in derogation thereof are to be strictly construed, has no application to these codes. The codes establish the law of this State respecting the subjects to which they relate, and their provisions and all proceedings under them are to be liberally constraed. with a view to effect its objects and to promote justice." {Political Code, sec. 4; Civil Code, sec. 4; Code of Civil Pro- cedure, sec. 4; Penal Code, sec. 4.) SEC. 124. PROVISIONS SIMILAR TO LAWS EXISTING AT THE TIME OF THE ADOPTION OF THE CODES, HOW CONSTRUED. The provisions of these codes, so far as they are substantially the same as statutes existing at the time of the enactment of the codes, mu.st be construed as continuations thereof, and not as new enactments. (Political Code, sec. 5; Code of Civil Procedure, sec. 5; Civil Code, sec. 5: Penal Code, sec. 5.) SEC. 125. WORDS AND PHRASES. "Words and phrases are construed according to the context and the approved usage of the language ; but technical words and phrases, and such others as have acquired a peculiar and appropriate meaning in LEGISLATIVE MANUAL AND FORM BOOK. 59 law, or are defined in the succeeding section, are to be construed accord- ing to such peculiar and appropriate meaning- or definition. {Poliiical Code, sec. 16: Civil Code, sec. 13; Code of Civil Procedure, sec. 16.) SEC. 126. CERTAIN TERMS USED IN THE CODES DEFINED. Words used in this code in the present tense include the future as well as the present; words used in the masculine gender include the feminine and neuter; the singular number includes the plural, and the plural the singular; the word '"person" includes a corporation as well as a natural person; writing includes printing and typewriting; oath includes affirmation or declaration ; every mode of oral statement under oath or affirmation is embraced by the term "testify." and eveiy writ- ten one in the term "depose"; signature or subscription includes mark, when the person can not write, his name being written near it by a person who writes his own name as a witness; provided, that when a signature is made by mark it must, in order that the same may be acknowledged or serve as the signature to any sworn statement, be Avitnessed by two persons who must subscribe their own names as A^dtnesses thereto. The following words, also, have in this code the signification attached to them in this section, unless otherwise apparent from the context: 1. The word "property" infludes both real and personal property; 2. The words "real property" are co-extensive with lands, tenements, and hereditaments ; 3. The words "personal property" include money, goods, chattels, things in action, and evidences of debt ; ■1. The Avord "mouth" means a calendar month, unless otherwise expressed ; 5. The word "will" includes codicil; 6. The word "writ" sitrnifies an order or precent in Avriting, issued in the name of the people, or of a court or judicial officer, and the word "proces.s" a writ or summons issued in the course of judicial proceedings : 7. The word "vessel," when used with reference to shipping, includes ships of all kinds, steamboats, and steamships, canal boats, barges, and every sti-uctnn' a(hipli'd to be navigat(Ml from jihice to place for the transportation of merchandise or persons; 8. The term "peace officer" signifies any one of the officers mentioned in section eight hundred and seventeen of the Penal Code ; 9. The term "magistrate" signifies any one of the officers mentioncMl in section eight hundred and eight of the Penal Code; 10. The word "state." when applied 1o the different parts of UK- United States, includes the District of Columbia and Die territories; and the words "T'nited States" may include the di.slrict and territories. 11. The word "section" whenever used in this code refers to a s(>c- tion of this code, unless .some other code or statute is expressly men- tioned, (rolitical Code, sec. 17 ; Civil Code, sec. 14; Code of Civil I'm- cedure, sec. 17 ; Penal Code, sec. 7.) 60 LEGISLATIVE 3IAXUAL AND FORM BOOK. SEC. 127. CERTAIN STATUTES PRESERVED AFTER ADOPTION OF THE CODES. Xotliing in either of the four codes affects any of the provisions of certain statutes, but such statutes are recognized as continuing in force, notwithstanding the provisions of the codes, except so far as they have been repealed or affected by subsequent laws. (For complete list of exempted statutes, see Political Code, sec. 19 and Penal Code, sec. 23.) SEC. 128. THE CODES— HOW CITED, ETC. The codes, whenever cited, enumerated, referred to, or amended, may be designated simply as The Political Code, The Civil Code, etc., adding, whenever necessary, the number of the section. {Political Code, sec. 20 ; Civil Code, sec. 21 ; Codf of Civil Procedure, sec. 19 ; Penal Code, sec. 24.) SEC. 129. ENACTING CLAUSE. * * * The enacting elan.se of every law shall be "The people of the State of California do enact as follows: * * *" {Constitution, art. IV, sec. 1.) SEC. 130. ORIGIN AND PASSAGE OF BILLS. Xo law shall be passed except by bill. * * * Any bill may originate in either house, but may be amended or rejected by the other; * * * and no bill shall become a law without the concurrence of a majority of the members elected to each house. {Constitution, art. IV, sec. 15.) SEC. 131. TITLE OF LAWS— REVISION AND AMENDMENT. Every act shall embrace but one .subject, which subject shall be expres.sed in its title. But if any subject shall be embraced in an act which shall not be expressed in its title, sucli act shall be void only as to so much thereof as shall not be expressed in its title. No law shall be revi.sed or amended l)y reference to its title ; but such act revised or section amended shall be re-enacted and published at length as revised or amended; and all law^s of the State of California, and all official writings, and the executive, legislative, and judicial proceedings shall be conducted, preserved, and published in no other than the English language. {Constitution, art. IV , sec. 24.) SEC. 132. LOCAL AND SPECIAL LAWS PROHIBITED. Section 25 of article IV of the Constitution prohibits the passage by the Legislature of local or special laws in a long list of enumerated instances. LEGISLATIVE MANUAL AND FORM BOOK. 61 SEC. 133. AID TO LOTTERIES PROHIBITED. The Legislature shall have no powei- to authorize lotteries or gift enterprises for any purposes. * * * {ConstHuiion, art. IV, sec. 26.) SEC. 134. EFFECT OF AMENDMENT. "Where a section or part of a statute is amended, it is not to be considered as having been repealed and re-enacted in the amended form ; but the portions which are not altered are to be considered as having been the law from the time when they were enacted, and the new provisions are to be considered as having been enacted at the time of the amendment. (Political Code. sec. 325.) SEC. 135. CONSTRUCTION OF STATUTES. The general rules for the construction of .statutes are contained in the preliminary provisions of the different codes. (Political Code. sec. 326.) SEC. 136. REPEAL OF STATUTES. Any statute may be repealed at any time, except when it is otherwise provided therein. Persons acting under any statute are deemed to have acted in contemplation of this power of repeal. (Political Code, see. 327.) SEC. 137. ACT REPEALED NOT REVIVED BY REPEAL OF REPEALING ACT. No act or part of an act. repealed by another act of the Legislature, is revived by the repeal of the repealing act without express words reviv- ing .such repealed act or part of an act. (Political Code, sec. 328.) SEC. 138. AMENDATORY ACT— WHEN VOID. An act amending a section of an ar-t I't-pe.-ilcd is void. I'nHtical Code, sec. 330.) SEC. 139. WHEN STATUTES TAKE EFFECT THE URGENCY SECTION. Xf) aet passt'd by tlic Lcgislaturt' shall go into cd'ccl uiilil niiirty days after IIk' final adjonriniK-nl of llic Lfgishit iirc wliicli pas.st-d such ad. except acts calling dcclions. acts |)r()viding lor tax levies oi* appi-<»pria- tions for the usual current e.xpeiises of the St;ite. and ui'geney incisures neces.sary U)V the iiniiiediate preservation of the public peace, lie.-ilth. or safety, passed liy a two-third.s vote of all el" tli.- ineinlteis elected td e.idi 62 LEGISLATIVE MANUAL AND FORM BOOK. house. Whenever it is deemed necessary for tlie immediate preserva- tion of the public peace, health or safety that a law shall go into imme- diate effect, a statement of the facts constituting such necessity shall be set forth in one section of the act, whicli section shall be passed only upon a yea and nay vote, upon a separate roll-call thereon; provided, hoivever, that no measure creating or abolishing any office or changing the salary, term or duties of any officer, or granting aii}^ franchise or special privilege, or creating an.y vested right or interest, shall be construed to he an urgency measure. Any laAv so passed by the Legis- lature and declared to be an urgency measure shall go into immediate effect. {Constituiion, art. IV, sec. 1, par. 4.) SEC. 140. WHEN JOINT RESOLUTIONS TAKE EFFECT. Every joint resolution, unless a different time is prescribed therein, takes effect from its passage. (Political Code, sec. 324.) PART II. DRAFTING OF APPROPRIATION BILLS. SEC. 141. APPROPRIATIONS— HOW MADE. No money shall be drawn from the treasury but in consequence of appropriations made by law, and upon warrants duly drawn thereon by the Controller; and no money shall ever be appropriated or dra^-n from the State treasury for the purpose or benefit of any corporation, associa- tion, asylum, hospital, or any other institution not under the exclusive management and control of the State as a State institution, nor shall any grant or donation of property ever be made thereto by the State; 'pro- vided, that notwithstanding anything contained in this or any other section of this Constitution, the Legislature shall have the power to grant aid to the institutions conducted for the support and maintenance of minor orphans, or half orphans, or abandoned children, or aged persons in indigent circumstances — such aid to be granted by a uni- form rule, and proportioned to the number of inmates of such respective institutions; provided, further, that the State shall have at any time the right to inquire into the management of such institution; provided, further, that whenever any county, or city and county, or city or town, shall provide for the support of minor orphans, or half orphans, or abandoned children or aged persons in indigent circumstances, such county, city and county, city, or town shall be entitled to receive the same pro rata appropriations as may be granted to such institutions under church or other control. An accurate statement of the receipts and expenditures of public moneys shall be attached to and published with the laws at every regular session of the Legislature. * * * {Con- stitution, art. IV, sec. 22.) SEC. 142. GENERAL APPROPRIATION BILL— WHAT TO CONTAIN. The General Appropriation Bill shall contain no item or items of appropriation other than such as are required to pay the salaries of LEGISLATIVE MANUAL AND FORM BOOK. 63 the State officers, the expenses of the government, and of the institu- tions mider the exclusive control and management of tlie State. {Con- sfifufion, art. IV, sec. 29.) SEC. 143. SPECIAL APPROPRIATION BILL— RESTRICTED TO ONE ITEM. No bill making an appropriation of money, except the general appro- priation bill, shall contain more than one item of appropriation and that for one single and certain purpose to be therein expressed. (Con- stitution, art. IT. sec. 34.) SEC. 144. RESTRICTION ON APPROPRIATIONS AND GRANTS OF AID. The Legislature shall not make an appropriation or pay from any public fund whatever, or grant anything to or in aid of any religious sect, church, creed, or sectarian purpose, or help to support or sustain any school, college, university, hospital, or other institution controlled by any religious creed, church, or sectarian denomination whatever: nor shall any grant or donation of personal property or real estate ever be made by the State for any religious creed, church, or sectarian pur- pose whatever; provided, that nothing in this section shall prevent the Legislature granting aid pursuant to .section twenty-two of this article. (Constitution, art. IV, sec. 30.) SEC. 145. EXTRA COMPENSATION AND PAYMENT WITHOUT EXPRESS SANCTION OF LAW PROHIBITED. The Legislature shall have no power to grant, or authorize any county or municipal autliority to grant, any extra compensation or allowance to any public officer, agent, servant, or contractor, after service has been rendered, or a contract has been performed in Avhole or in part, nor to pay, or to authorize the payment of, any claim hereafter created against the State, or any county or municipality of tlie State, under any agreement or contract made without the express authority of the law; and all such unauthorized agreements or contracts shall be null and void. {Constitiition, art. IV, sec. 32.) SEC. 146. PREPARATION OF STATE BUDGET— CONTROLLER TO SEND OUT BLANKS TO BE FILLED BY HEADS OF DEPARTMENTS. Not less than forty days before the beginning ni' fach regular session of the Legislature the Controller of State shall send to the head of each administrative department of the State government and to each board or commission in charge of any educational, charitabk'. penal or other inslitulion supj)oi'l<'d wholly or in pari by apiJrojiriat ion from Iho State trea.snry, a blank form, to be filled out by such liead of depart- ment, board or commi.ssion with an itemized .statement of the amounts of money which, in the opinion of such iiead of department, board, or commission, will be required for the proper .support, maintenance, exten- sion or improvement of Ihe department or institution in his or their 64 LEGISLATIVE MANUAL AND FORM BOOK. charge during the two fiscal years next ensuing. The officers, boards and commissions receiving such blank forms shall return them, properly tilled out and accompanied by such brief explanatory statements as they may deem proper, to the Controller not less than fifteen days before the opening of the regular session of the Legislature. {Political Code, sec. 241.) SEC. 147. SAME— CONTROLLER TO SEND OUT BLANKS TO SENATORS AND MEMBERS-ELECT OF LEGISLATURE. The Controller of State shall, in similar manner, send a blank form to each senator and each member-elect of the Legislature, and such senator or member-elect shall in like manner return to the Controller these blanks with entries showing the appropriations which such senator or member-elect intends to propose to the Legislature. (Political Code, sec. 242.) SEC. 148. SAME— CLAIMS AGAINST STATE TO BE FILED WITH CONTROLLER. Any person having a claim against the State, which requires action by the Legislature, shall file with the Controller a statement of the amount of such claim, together with a brief statement of the facts upon which it is based, not less than twenty days before the opening of the regular session of the Legislature. {Political Code, sec. 243.) SEC. 149. SAME— CONTROLLER TO FURNISH TABULATED STATEMENT. "Within ten days after the opening of each regular session the Con- troller shall furnish to the Governor and to each member of the Legis- lature a tabulated accoimt of the various amounts requested in the statements returned to him in accordance with sections two hundred forty-one and two hundred forty-two, and a list of the private claims filed under section two hundred forty-three. Such account shall show the several amounts asked for, the total for each department of [each] institution, the grand total, and a brief description of the purpose for each proposed appropriation. {Political Code, sec. 244.) SEC. 150. FORM OF APPROPRIATION BILL. SENATE^ BILL Xo INTRODUCED BY SENATORS , 19 Referred to CoimixTEE ox AN ACT To Appropriate Money foe the Use of the Railroad Commission of the State OF California in the Control of Public Utilities Within Incorporated Municipalities. The people of the Siate of California do enact as foUoics: Section 1. The sum of two hundred thousand dollars is hereby appropriated out of any money in the state treasury not otherwise appropriated to be used bv tho railroad commission of the State of California in the control of public utilities within incorp<^) rated municipalities. EXPLANATORY XOTE. 'Or Assemblr. =Or Mr. LEGISLATIVE MANUAL AND FORM BOOK. 65 PART III. DRAFTIXt; OF CODE SECTIONS AND GENERAL LAWS. SEC. 151. CODE SECTIONS, HOW AMENDED. When a bill amending a code section is introdnced, the author of the bill shall cause the new matter, if any, to be underscored, and the place in the bill where portions of the law are proposed to be omitted, if any, to be indicated by closed brackets; provided, however, that where the subject consists of an entirely new section the words thereof need not be underscored, and when any bill introduced repeals an existing law in v.'hole the matter repealed need not be indicated. {Senate rule No. 28, suhdirision 3.) SEC. 152. FORM FOR BILL ADDING NEV/ CODE SECTION. SENATE^ BILL No IXTRODrCED BY SENATOR- , 19 IIeferred to Committee on AN ACT To Amem) the Civil Cook of the St.\te of Calieornia by Adding Thereto a New Section to Be Numbered Six Hundred Forty-two r/. Relating to '/ lic jjeople of the State of Culifoinia do ciiavt «v folloim: Section 1. A new section is hereby added to the Civil Code to be numbered si^ction six hundred forlv-twoff and to read as follows: G42ff. * * * EXPLANATORY NOTE. 'Or Assemhlv. =0r Mr. SEC. 153. FORM FOR BILL AMENDING AN EXISTING CODE SECTION. SENATE' liILL No INTRODI'CKO BY SENATORS , 19 REiERREI) TO CoM.MITTEE ON AN ACT I O A.MEND Sl(lI().N <>Ni: TllOl SAM) FoUR IIUNDIIKD O.NK t)l THE CiVIL t 'oDK, RELATlN(i TO 'J'lif ii/oplr of tlir State (if (.'aliforuia do enact ax folloirx: Section 1. Seclion oiu- ihoiisiuul four hundn-d one of the Civil Code of the Siiitc (if California is hcri'hv aini-ndi-d so as lo read when anu-uded as follows: 140L • ♦ ♦ EXPLANATORY NOTE. 'Or Assf>nd»lv. -Or .Mr. 5—16821 66 LEGISLATIVE MANUAL AXD FORM BOOK, SEC. 154. FORM FOR BILL REPEALING A CODE SECTION. SENATE^ BILL No INTRODUCED BY SENATORS 19 Referred to Committee on AN ACT To Repeal Section Three Thousand Six Hundred Sixty-four of the Political Code Relating to The people of the State of Calif ornia do enact as folloKs: Section 1. Section three thousand six hundred sixtj'-four of the Political Code is hereby repealed. EXPLANATORY NOTE. 'Or Assembly. =0r Mr. SEC. 155. FORM OF BILL AMENDING A GENERAL LAW. SENATE^ BILL No INTRODUCED BY SENATORS , 19 Referred to Committee on AN ACT To Amend Sections One, Two, Three, Four and Five of an Act Entitled "An Act to Provide for Local Improvements Upon Streets, Lanes, Alleys. Courts, Places, and Sidewalks, and for the Construction of Sewers Within Municipalities, Such Act to Be Known as 'The Local Improve- me:nt Act of 1901'," Approved February 2G, 1901. The people of the State of California do enact «« folloics: Section 1. Section one of an act entitled "An act to provide for local improve- ments upon streets, lanes, alleys, courts, places, and sidewalks, and for the construc- tion of sewers within municipalities, such act to be known as 'The local improve- ment act of IQOl'," approved February 26, 1901, is hereby amended to read as follows : Section 1. Sec. 2. Section two of said act is hereby amended to read as follows : Sec. 2. explanatory note. 'Or Assembly. ==0r Mr. SEC. 156. FORM FOR NEW GENERAL LAW. SENATE^ BILL No INTRODUCED BY SENATORS 19 Referred to Committee on AN ACT To ^Iake Lawful Certain Agreements Between Employees and Laborers, and to Limit the IssiriNG of Injunctions in Certain Cases. The people of the State of California do enact as foUoirs: Section 1. It shall not be unlawful for persons ernployed or seeking employment to enter into any arrangements, agreements, or combinations with the view of les- sening the hours' of labor or of increasing their wages or bettering their condition : and no restraining order or injunction shall be granted by any court of the common- wealth or by any judge thereof in any case between an employer and employees, or lietween employers and employees, or between persons employed and persons seeking LEGISLATIVE MANUAL AND FORM BOOK. 67 employmenr. involving or growing out of a dispute couoeruiug terms or conditions of tiuplojment. or because of any act or acts done in pursuance thereof, unless such order or injunction be necessary to prevent irreparable injury to property or to a property ri.^ht of the party making the application, for which there is no adequate remedy at law ; and such property or property right shall be particularly described in the application, which shall be sworn to by the applicant or by his agent or attorney. Sec. 2. In construing this act. the right to enter into the relation of employer and employee, to change that relation, and to assume and create a new relation for en)ployer and employee, and to perform and carry on business in such relation with any person in any place, or to do work and labor as an employee, shall be held and construed to be a personal and not a property right. In all cases involving the viola- tion of the contract of employment, either by the employee or employer where no irreparable damage is about to be committed upon the projjcrty or property right of either, no injunction shall be granted, but the i)arties shall be left to their remedv at law. Sec. 3. No persons who are employed or seeking employment or other labor shall be indicted, prosecuted, or tried in any court for entering into any arrangement, agreement, or combination between themselves as such employees or laborers, made with a view of lessening the number of hours of labor or increasing their wages or bettering their condition, or for any act done in inirsuance thereof, unless such act is in itself unlawful. EXPLANATORY NOTE. 'Or Assemblv. =Or Mr. SEC. 157. FORM FOR BILL WITH URGENCY SECTION. SENATE' BILL No INTRODUCED BY SENATORS 19 Referred to Committee o.n AN ACT AUTIIOI41ZING THE STATE HoARl) OF PRISON DIRECTORS TO FIX THE PRICE. TERMS ANO Conditions of Sale at Which Jite Bags Should Be Sold for the State. Providing for the Prosecution and Punishment for Offenses Under the Same, and Repealing an Act Entitled "An Act Fixing the I'kk E. Terms and Conditions of Sale at Which .Iute Coons Shall Be Sold by the Staie. and I'roviding for Prosecution and Punishment for Offenses Under the S.\me,"' Aitkoved June Ki, 1013. and All Acts or Parts of Acts in Conflict Herewith. The people of the titntc of California do enact as foUoirx: Sectio.n 1. The state board of prison directors are aiHhorized and emiiuwered to adopt rules and regulations of the sale of jute goods, but such rules and regula- tions, befuiv they liecume clVective. shall lie approved by a majority of tlu' st;ite board of control. The stale iK)ard of prison iliredors shall anntuilly, in the moiith of January of each year fix the price, for the sale of jute bags, and give imlilic notice of the same, for at least ten days in at least four newsi>apers of general circulation printed and published as follow s. to wit : one in the city and county of San Eran- cisr-o. fine in the San .loaiinin \alley, one in the S;ilin;is valley, and (inc in the S.acra- iiicnlo valley. Until iIk- (irst day of April of each year, julc bass shall be sold (Uily ii> consumers thereof, but after said dale, if a siuplus of .said jute bags rem.iin unsold, they may be sold to anyone in such (|uanlities and at such i)rices as the board of prison directors in their disfretion may deem pi-oper. Sec. 2. All orders for jute bags filed with the Ixianl of |)rison directors prior to tile first day of April of e:ich yi'ar. shall be acccjuipaiiied l)y an allidavit setting forth the name. resirl<'nce, post oHic<' adilress ami occupation of the appliiant : tiiat the amount of goods contained in the order are for the jip|>licant's individual and per- sonal use. and that he has not coiitraueiilin prison a lifiok for public iiis|K-ctiower to act in the premises ; any expense to be paid equally by tiie senate and assembly out of the several contingent funds, and not to exceed in tiie ajrirrcsate. the sum of five hundred dollars. EXPLANATORY NOTE. 'Or Assembly. =0r Mr. PART Y. INTRODUCTION OF BILLS. (Under prescribed rules adopted by Senate or Assembly or jointly.) SEC. 163. USE OF WORD "BILL." Whenever the word ''hill" is used in these rules it shall include constitutional amendments, joint and concurrent resolutions. {Joint Eule No. 34.) SEC. 164. ENDORSEMENT OF BILLS. Bills introduced in either house shall be endorsed with the date of introduction. (Joint Eulc Xo. 29.) SEC. 165. JOINT RESOLUTIONS TREATED AS BILLS. Joint resolutions shall be treated in all respects as bills ; except that all joint resolutions shall be read but one time in each house. Joint and concurrent resolutions and constitutional amendments shall not be deemed bills within the meaning of section 2 of article IV of the consti- tution and shall not be referred to the committee on introduction of bills, and shall not require a vote to authorize their introduction. (Joint Rule No. 7.) SEC. 166. INTRODUCING A BILL. Any member desiring to introduce a bill shall rise in his place and address the presiding officer, and upon being recognized shall present the same. The title shall be announced by the Secretary (or Chief Clerk), the bill shall be read the first time and thereupon referred by the presiding officer to a standing committee. (Senate Rule No. 28. Assembly Rule No. 7.) LEGISLATIVE MANUAL AND FORM BOOK. 71 SEC. 167. INTRODUCTION OF BILLS BY COMMITTEE. Any committee may introduce a bill appertaining to any subject coming within its consideration, whereupon it shall be read the tirst time and placed upon the proper second-reading file. When such bill is designed to be a substitute for one or more Assembly bills, the bills for which it is such a substitute shall, by a majority vote of the House, be deemed withdrawn, and shall not appear upon the file. Upon the intro- duction of a bill by a committee, it shall be numbered as a new bill, read, ordered printed, and placed upon the Assembly file for further action. (Assembly Eulc Xo. 8.) SEC 168. INTRODUCTION OF BILLS AFTER CONSTITUTIONAL RECESS. Immediately upon convening after the constitutional recess the presiding officer shall appoint a standing Committee on Introduction of Bills, to consist of three members. All motions for leave to introduce bills after the constitutional recess shall be sent to the desk in writing, under the order of ' ' Introduction of Bills. ' ' and at no other time. The motion shall give the title of the bill, and shall be accompanied by the bill. The bill shall thereupon be referred to the Committee on Introduction of Bills. Joint and Concurrent Resolutions and Constitutional Amendments shall not be referred to the Committee on Introduction of Bills, and shall not require a vote to authorize their introduction. The committee shall examine bills referred to it with particular reference to the question as to whether there is alreadj^ any bill in either house of the same character which might be amended to effect the result sought, and generally as to the advisability of introducing the measure. The committee shall report upon each bill so referred to it on the same legislative day. The report shall be made at the conclusion of the con- sideration of the Special File. The committee may, in its discretion, incorporate more than one bill in the resolution to gi-ant leave to introduce, incorporating in the resolution the title of each 1)ill in full, and the roll shall be called upon the adoption of the resolution and no resolution to introduce any sucli bill shall be adopted without the consent of three-fourths of the members of the Assembly. If a division of the question is demanded upon the introduction of any pai'ticulai" bill, the division shall l)e allowed, and the i"oll calU'il scpa- latejy upon the bill. The author of any bill shall iiavc not morf than ten minutes witliin which to sfx'ak to the question of the introduction of his bill and the Coiniiiittee on Introduction of Bills may have the same time for reply. (Assrinhhf L'liJr Xd. 75. Scuah h'ulc Xo. "IS.) 72 LEGISLATIVE MANUAL AND FORM BOOK. SEC. 169. JOINT AND CONCURRENT RESOLUTIONS AND CONSTITUTIONAL AMENDMENTS. Joint and concurrent resolutions shall be treated the same as bills: provided, that they shall be read but once, and that after they have been reported by a committee; and provided, further, that the ayes and noes shall not l)e called upon the adoption of concurrent resolution, unless regularly demanded, or required by statute or the constitution. Pro- posed amendments to the constitution shall be treated the same as bills ; provided, they shall be read but once, and only after they have been reported by a committee. (Assembly Rule No. 10. Senate Rule Xo. 28.) SEC. 170. PETITIONS TO BE PRESENTED WITH A BRIEF STATEMENT OF CONTENTS. "Whenever petitions, memorials, or other papers addressed to the House are presented by a member, a brief statement of the contents thereof shall be made verbally by the introducer. They shall not be debated on the day of their being presented, but shall lie on the table^ or be referred, as the liouse shall determine. (Assemhhj Rule Xo. 6.) SEC. 171. (Form.) INTRODUCTION AND FIRST READING OF BILLS, ETC. The following Inlls were introduced : By Senator^'- Bill No. An Act, etc. Bill read first time, ordered to print, and referred to Committee on The following resolutions were oiifered: By Senator^ -- S.- J. R. No. A Re.solntion. etc. Resolution ordered to print and referred to Committee on By Senator^ S.- C. R. No. A Resolution, etc. Resolution ordered to print and referred to Committee on By Senator' S.- C. A. No. A Repolntion, etc. Constitutional Amendment ordered to print and referred to Com- mittee on EXPLANATORY NOTE. 'Or Mr. =0r Assembly. SEC. 172. ,^ (Form.) INTRODUCTION OF CONCURRENT' RESOLUTION.^ The following concurrent^ resolution- was offered by Senator' EXPLANATORY NOTE. 'Or Joint. -Or Constitutional Amendment. =0r Mr. LEGISLATIXE MANUAL AND FORM BOOK. 73 SEC. 173. (Form.) REQUEST FOR INTRODUCTION OF BILL (After Constitutional Recess.) Senator^ requested permission to introduce a Senate- Bill entitled : An Act. etc. Request referred to Committee on Introduction of Bills. EXPLANATORY NOTE. 'Or Mr. -Or Assembly. SEC. 174. (Form.) REPORT OF STANDING (COMMITTEE. The follo\vini< nnh Uuh Xo. 42.) SEC. 184. APPROPRIATION BILLS. In the Senate all appropriation bills must be referred to the Com- mittee on P'inance and in the Assemlily to the Committee on Ways and :\Ieans before being read a second time. (Senate Bulc Xo. 32. Assembly Rule Xo. 30.) In the Assembly all appropriation bills nuist be considered in tlie Committee of the" Whole whih' on secoiul reading. (Assembly Bulc Xo. 11.) SEC. 185. CERTAIN BILLS ALWAYS INTRODUCED BY OR REFERRED TO COMMITTEE ON WAYS AND MEANS. All bills lo ap|»ro|)riate money for llif contingcnl c.xpen.si-s of tlie State shall be pres<'nt«-d l)y the Committcf on Ways and Means. (Assimbly Rule Xo. 1.) ' Concnrrent resohilions Un- adjonrnmeiil shn dn .shall in all ea.ses. whether originating in the Hou.se or eominii Iroiii the Senate, be re- ferred to the Coimnittee on Ways and .Mejins. That eommiltee shall report upon any sneh eoneiin-eiit resolntioii not later than the next legislative Ihe .status <.r the geiier.d appropria- tion bill and tax h-vy. (A.ssiuibly Buh .V". 43.) 78 LEGISLATIVE MANUAL AND FORM BOOK. SEC. 186. CONTINGENT EXPENSES OF THE SENATE. No claim shall be paid out of the contingent fund of the Senate until the same shall have been referred to and reported on by the Committee on ('ontiii'jciit Exi^cnses. (Srnatr Rule No. 37.) SEC. 187. EXECUTIVE COMMUNICATIONS AND NOMINATIONS TO COMMITTEE. AVhen executive communications or nominations shall be sent by the Governor to the Senate for their confirmation, the same shall be referred to the Committee on Rules, unless otherwise ordered by the Senate, which motion shall be determined without debate. {Senate Bide No. 38.) SEC. 188. (Form.) INTRODUCTION AND FIRST READING OF BILLS, ETC. The following bills were introduced : By Senator^ , Bill No. An Act, etc. Bill read first time, ordered to print, and referred to Committee on The following resolutions were offered : By Senator^ S.- J. R. No A resolution, etc. Resolution ordered to print, and referred to Committee on By Senator^ ___. S.- C. R. No A resolution, etc. Resolution ordered to print, and referred to Committee on By Senator^ S.- C. A. No. A resolution, etc. Constitutional amendment ordered to print, and referred to Com- mittee on EXPLAXATORV NOTE. ;;0r Mr. "Or Assembly. SEC. 189. (Form.) MOTION TO RE-REFER. Senator^ moved that Bill No be recalled from the Committee on to which it was previously referred, and re-referred to the Committee on ]\Iotion carried and such wa.s the order. EXPLANATORY NOTE. ■Or Mr. LEGISLATIVE MANUAL AND FORM BOOK. l\) SEC. 190. (Form.) MOTION TO RE-COMMIT. Senator moved that Bill Xo be re-eommitted to the Committee on to retain its place on file. ]\[otion carried and such Avas the order. SEC. 191. (Form.) MOTION TO REFER. Senator^ moved to refer the resolution to Com- mittee on , ^lotion carried and such was the order. EXPLAXATORY XOTE. ^Or Mr. PART III. THE COMMITTEE OF THE WHOLE. SEC. 192. PROCEEDINGS TOUCHING APPROPRIATIONS OF MONEY TO BE CON- SIDERED IN COMMITTEE OF THE WHOLE. All bills making appropriations of money shall be considered in a Committee of the "Whole House while on second reading, and no adciition to any appropriation shall be made out of Connnittee of the Whole. i Assembly Rule Xo. 11.) SEC. 193. COMMITTEE OF THE WHOLE— HOW FORMED. In forming a Committee of the AVhole House, the Speaker as chairman or a chairman to be named by the Speaker, shall preside. Bills com- mitted to a Committee of the Whole House shall, in Committee of the Whole, be read by sections. All amendments shall be noted and reported to the Assembly by the chairman. After being reported to the Assem- bly, the bill shall again be subject to amendment before a vote on the i-cport is taken. ( Assembly Rule Xo. 88.) SEC. 194. RULES IN COMMITTEE OF THE WHOLE. The rules of each hou.se shall be (ibserved in the (Committee of the Whole so far as they may ])e applieal)le. except in tlie matter of limilinfi the number of times that a member may s[)eak. and except that the ayes and tm>..< m""'! not b<' t;iki-n. ( A ><.■<( mhl n Hith Xn. :U. Siiiafi Rule Xo. 59.) SEC. 195. MOTION TO RISE DECIDED WITHOUT DEBATE. A motion that the committee rise sliall always 1m- in oi-(l«f. ami shall he deeided without debate. (Assonbhf h'uh Xo. 85.1 80 LEGISLATIVE MANUAL AND FORM BOOK. PART IV. GENERAL PROVISIONS GOVERNING COMMITTEES. SEC. 196. STANDING COMMITTEE, QUORUM OF— WHAT CONSTITUTES. Eaeli standing L-onimillec slnill determine its own quorum; provided, that uot less than one-third of the number of members constituting such committee shall in anv case constitute such quorum. (Soiate Rule No. 35.) CEC. 197. WHEN COMMITTEES SHALL REPORT. All bills referred to any committee shall be, by such committee, reported back to the House v.'ith its action thereon, within ten days after such reference, unless the House, by request of such committee, shall otherwise order. (Assembly rule No. 18.) All committees shall act upon bills referred to them as soon as practi- cable, and when acted upon each bill shall be reported back to the Senate forthwith, and the chairman of each committee is charged with the observance of this rule ; provided, that the Senate may at any time, by a nuijority vote, recall a bill from any committee. [Senate Bute Xo. 34.) SEC. 198. COMMITTEE AMENDMENTS— HOW MADE. When amendments to a bill are reported by a committee, the clerk of such counnittee shall prepare three copies of amendment, one to go with the bill to the Superintendent of State Printing, one to the iMinute Clerk, and one to the Secretary of the Senate. {Se))ate Rule Xo. 33.) SEC. 199. REDRAFTING OF BILLS. All bills redrafted by committee shall have the new matter, if any, underscored, and the place of omission of parts of the original bill, if any, indieated by brackets. {Se)iate Rule Xo. 2S, suhdivisioii 3.) SEC. 200. INTRODUCTION OF BILLS BY COMMITTEE. Any committee may introduce a bill appertaining to any subject com- ing within its consideration, whereupon it shall be read the first time and placed upon the proper second-reading file. When each bill is designed to be a substitute for one or more Assembly bills, the bills for which it is such a substitute shall, by a majority vote of the House, be deemed withdrawn, and shall not appear upon the file. Upon the intro- duction of a bill by a committee, it shall be numbered as a new bill, read, ordered printed, and placed upon the Assembly file for further action. (Assonbhj Rule Xo. 8.) LEGISLATIVE MANUAL AND FOR^E BOOK. 81 SEC. 201. JOINT MEETING OF COMMITTEES. AVhenever any bill has been referred by the Senate to one of its com- mittees, and the same or a like bill has been referred by the Assembly to one of its committees, the chairmen of the respective committees, when in their judsrment the interests of legislation or the expedition of busi- ness will be better served thereby, shall arrange for a joint meeting of their committees for the consideration of such bill. [Joi)it Euh Xo. 33.) SEC. 202. NOTICE OF COMMITTEE MEETINGS. The chairman or clerk of each committee of the Assembly shall notify the author of any bill or proceeding pending before such committee of the hour and place of hearing or acting upon such bill or proceeding. (Assnnhlji Hide Xo. 7.) SEC. 203. LEAVES OF ABSENCE OF MEMBERS OF THE SENATE VISITING PUBLIC INSTITUTIONS. No leave of absence shall be granted any committee, special or standing, to visit any pul)lic institution of the State or foi" any other purpose. Whenever any committee .shall report to the Senate that it is desirable that such committee receive information concerning any public institution, the Senate may, by a two-thirds vote of all its members, grant a leave of absence to not more than three mem])ers of such com- mittee, to be designated by the chairman thereof. Application for a leave of absence of such members of a committee shall be made to the Senate in writing by the chairman thereof, and such application shall give the name of the in.stitution or institutions to be visited and In-iefly recite the occasion and necessity for visiting the same, togethei- with the names of the committeemen designated for that purpose. Such, applica- tion shall immediately, and without debate, be referred to the Com- miftce on liules, with instructions, to report upon the same on the next legislative day. Said members shall be allowed their actuj^l expenses, hut no expenses or n)ileage of attaches shall he allowid. (S( mih L'lihs Xos. 3H aiifl H4. Assfmbh/ Htdi Xn. 32.) SEC. 204. WHO MAY ADMINISTER OATHS TO WITNESSES. Tlic iiii-iiihci's of any (•oiiiinilti'r may admiiii.strr ualhs lo witMi's.sc.s in any ni;itt<'r under cxaniination. t I'nlil ical Cixh . s(c. 2.">"J, i SEC. 205. FEES FOR WITNESSES. \Vitnes.S('S summoned to appear before the House or any yf its (•ommittees shall I'C paid as follows: For eaeh day a witness shall attend, the sum of three dollars; Utv each mile he shall travel in coming tiJort the same back and rcfommend that thev do pass. Chairman. MIXOKITY REPORT. Sex.\te CiiAiinER. Sacramento. ^Slarch .31. 101.5. Ml!. rni-.-siDENT : .\ minority of your Committee on Judiciary to which was referred Senate- Bill .W). ' —An Act — has had the same under considera- tion, and respectfully r«'ports the same liaek and recommends that it do not pass. E.XPI.AN.ATORY NOTE. 'Or other committee. =()r Assembly. Or Senate. Also: ON (Name of Committee) :\Ir. President' : Your Committee on , to whom was referred Bill No. an Act., etc., respeetfnlly report that they have had the same under consideration and recommend that the amendments prepared hy the committee and suhmitted herewith, be adopted and the bill, as amended, do pass. Chairman. Bill No. ordered on file for second reading. <^Form used in amending bills, either by committee or from floor of Senate or Assembly. ) PKOPOSKl) A:\rENl)MEXTS TO BILL NO AMENDMENT NCMBER ONE. Amend the title of the tirinted bill, by striking out all of line.s ;in. The said committee shall report the day of presentation to the Covernor, nhieh time shall be earefully entered on the journal of the House in whieli Ihe l)ill origilialed. ijninl Hull Xo. 24.) SEC. 21{ PROVISION FOR ENGROSSMENT. It shall lie the dlltX of Hn' ( '( lliller oil lOllgl'OSSIIlellt .-llld Ell lull nirlit to compare :ij| bills, const it u1 ion;'.! iiiiieiidmciits. and ectiicurretit and joint resolutions, ordeied or considered engro.ssed hy this House with the engrossed co|)ies thereof; and. bcfoi-c they pass out of the po.ssessictn of this House, see that the eiiLTosscd bill is a true copy of the original, with such amcniUEK, Sachamexto. March If). V.H'i. Mr. Presidext : Your Committee on Engrossment and Enrollment have examined Bill No. — An Act, etc.. and report that the same has heen correctly enrolled : And presented to the Governor ou this day of , 19 at o'clock and minutes p.m. , Chairman. Sec. •)•>;> Sec. 224. Sec. 22.".. Sec. 22(i. Sec. 227. Sec. 22S. LEGISLATIVE MANUAL AND FORM BOOK. CHAPTER V. THE GENERAL FILE. Chapter Contents. P.\UT I. (Jeneral I'rovisions. Kt'.ulin.ii of bilLs. (Senate rule: Assembly rule.) Order of making file. (Assembly rule: Senate rule.) The neneral file — Its hours — Special order of bills on tile. (Senate rule.) Special file. (Joint rule.) Order of making special file. (As.sembly rule.) Special ordei-s. ( Senate rule. ) Sec. 22!>. Taking uj) bills out of order. (Assembly rule.) Sec. 23(). Reference of appropriation bills before second reading. (Senate rule.) Sec. 23L Final question on second reading of bill — No amendment on third reading, but may commit. (Senate rule.) Sec. 232. Reprinting of amended bills. (Senate rule.) Sec. 233. The urgency section. (Constitution.) Sec. 234. Pa.s.sage of urgency section. (.Joint rule.) Sec. 23."). Passage of bills before constitutional recess. (Joint rule.) Sec. 2.3(j. Second reading of bills. (Form.) Sec. 237. Second reading of bills (out of order). (Form.) Sec. 238. Third reading of bills. (Form.) Sec. 230. Consideration of daily file — Third reading of Senate bills. < Form. I Sec. 240. Call of the Senate. (On third reading of a bill.) (Form.) Sec. 241. Case of urgency. (Approijriation bill.) (Form.) Sec. 242. Special order. (Form.) Sec. 243. Special order reset. (Foim.) Sec. 244. Con.sideration of special order. (Form.) Sec. 24."i. Recall of bills from committee. (Form.) Sec. 24(i. Recall of bills from print. (Form.) Sec. 247. Former action reconsidered. (Form.) Sec. 248. Former action re.scinded. (Form.) Sec. 240. T'nanimous consent granted. (Form.) Pakt II. After Passage in the House of Okkjin. Sec. 2r)().- Notices to be in writing under pi'oper signature. (Joint ruli. I Sec. 2."»1. Secretary, Clerk, etc.. to carry me.ssages. (.Joint rule. I Sec. 2.^2. Each house to transmit papers. (Joint rule.) Sec. 2.">3. Messages must be announced by the Sergeant-at-arms. (Joint rules.) Sec. 2.">4. Messengers may be introduced. ( Senate rule : Assembly rule. ) Sec. 2.")."). Me.ssages from the other house. (Senate rule: As.sembly rule.) Sec. 2.")(>. Bills read and referred to committee. (.Joint rule.) See. 2.17. After a bill has been passed by the Senate or Assembly. (Jninr rule.) Sec. 2."iS. I)isi)osition of As.sembly bills. (Senate rule.) Sec. 2."j0. Disposition of Senate bills. (Assembly rule.) Sec. 2(;0. P.ill or resolution in one house, rejected in the other. rf(iuires notice. ( .Joint rule. ) Sec. 2G1. ^lessages from the Assembly. (Form.) Sec. 2()2. Messages from the Assembly (out of order). (Form.) Sec. 2('.3. Withdrawal of companion bill. (Form.) LEGISLATIVE MANUAL AXD FORM BOOK. 89 PART I. GENERAL PROVISIONS. X. B. — For Coustimtlonal requirements resardiuR the reailiug of bills on three several davs see section ooL X. B. — Recon.sideration of bills, etc.. is treated in sections 309 and 310. SEC 223 READING OF BILLS. Every bill shall be read on three several day.s previous to its jiassaire (unless in case of urgency, two thirds of the membership of tlie house in Avhich it is being considered, shall by vote of the ayes and noes dis- pense with this provision) and the la.st reading .shall be at length. The presiding officer shall give notice, at each of the second and third read- ings, which reading it is. and no bill shall be read at either reading (if a member object) until the hou.se in which it is being eonsideretl shall so determine by vote. [Senate Eule Xo. 28. Assemhhi Hide Xo. 7.) SEC. 224. ORDER OF MAKING FILE. Upon the introduction of bills they shall be read the tirst time. and referred to committees. When reported back they shall be placed upon the (Jeneral File, to be kept by the Clerk, as fol- lows: All ])ills when reported to the House by the committees shall be placed at the foot of the second-reading file, in the order in which the reports are made, and after the seeond reading they shall be placed at the foot of the third-reading tile, iu the onh'r of reading, and precedence .shall be given in the consideration of bills m the following order: Second-reading tile and third-reading tile, unless otherwise ordered by mianimous consent or by a two-thirds vote of the IIou.se. The bills upon third reading shall be eonsidered in tlic order in which they appear upon the tile, unices otherwise ordered l..\ unani- mous consent or by vote of majority of the members present such vote to be taken by roll call; proi-idecL that if a bill is pa,s.scd()n tile for any reason, other than the ab.sence of the author by leave of the Assembly, note of the fact .shall be made in the General File, and when i)a.ssed ..n file a second time, the bill shall be ordered to the foot of 111.- Hie. and notice of the fact of the bill having been i)assed on lilr i)ri(.r to tlie order placing it at the foot of the tile, shall be omittetl from lli.' (i.-ii- eral File. The Clerk shall i)ost. in a conspicuous place in the Cliaiiib.r, a daily stat.'iiient of the bills (m the (Jeneral File, setting forth the order "in which they were filed, and specifying the alterations arising from the disposal'of business ea<'li day. { Assoiihl u h'lih .Vn. 14. ) All bills, after tlie second reading i if the same be not committed, then Mp(»n being reported), shall be pla.-ed upmi the general lile ;iiid shall be l;ikeii up for consi-jerat ion ami passage in the urdei- of their beiii-r iihiced on lile. (Siiiah Ii'idt X". 41.' When bills have 1 n pas.s.'d on lile for the second time thry must be plHcerl at the foot <.f the file in th.-ir regular order, unless niheiwi.se oidered bv the Senate. iSdioh li'tdi Xo.M).' 90 LEGISLATIVE MANUAL AND FORM BOOK. SEC. 225. THE GENERAL FILE: ITS HOURS— SPECIAL ORDER OF BILLS ON FILE. The General File shall be the special order for each day l)et\veeu such hours as the Senate may determine, unless sooner disposed of ; l)ut no bill shall lose its place upon the file by expiration of the time or by adjournment of the Senate Avhile it is under consideration. {Senate Rule Xo. '39.) SEC. 226. SPECIAL FILE. On the .second day after the close of the recess provided for in sec- tion 2, article IV, of the Constitution, the Senate and Assembly shall each adopt and provide a special file upon which shall be placed: In the Senate, only Assembly bills that have passed the A.ssembly ; 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 ])eino- so taken up. This rule shall not be suspended in either house except by a three-fourths vote of such house. (Joint Bide No. 10.) ORDER OF MAKING SPECIAL FILE. The Clerk shall, from time to time, make up a file, to be known as the Special File, on which he shall place bills relating to appropriations for the support of the state government and state institutions, revenue, election laws and con.stitutional amendments, in the order named, and in the order in which the same may be reported to the A.ssembly. and he shall place no other bills thereon, nor shall any bill on the General File be substituted for any bill therecn. (A.^sanhhi Uulc Xo. 15.) SEC 228 SPECIAL ORDERS. Any subject may, by vote of a majority of those voting, be made a special order, and when the time fixed for its consideration arrives, the presiding officer sliall lay it before the Senate. (Smnte 'Rule Xo. 56.) SEC. 229. TAKING UP BILLS OUT OF ORDER. AYhen a member shall ask leave to have a bill taken up out of its reg- ular order, he shall in making the motion give the number and title of the bill and its position on the file. {AssenthJij Rule Xo. 16.) SEC. 230. REFERENCE OF APPROPRIATION BILLS BEFORE SECOND READING. Ail bills appropriating money from any fund shall be referred to the Committee on Finance (in the Senate, or Ways and ]\Ieans in the Assembly) before being read a second time. (Senate Rule Xo. 32. Asscnihhj Rule Xo. 30.) LEGISLATIVE MAXUA[. AND FORM BOOK. 91 SEC. 231. FINAL QUESTION ON SECOND READING OF BILL— NO AMEND- MENT ON THIRD READING, BUT MAY COMMIT. The tiiuil question on the seeond readinp- of every liill orii>inatin<;- in the Senate shall be: '• Shall the hill he engrossed.'"' And no anienil- ment shall he reeeived for disen-ssion at the third readins: of any l)ill : but it shall at all times be in order, before the tinal ])assa!2:e of sneh bill, to move its eonnnitment under speeial instruetion.s to amend. {Soiafc Euh No. 5.3.) SEC. 232. REPRINTING OF AMENDED BILLS. All bills amended on second or third rending' shall immediately be reprinted. [Scnah Hulr Xo. 28.- SEC 233 THE URGENCY SECTION. No act passed by the Legislature shall go into effect until ninety days after the final adjournment of the Legislature which passed such act. except acts calling elections, acts providing for tax levies or appropria- tions for4he usual current expenses of the State, and urgency measures necessarv for the immediate preservation of the public peace, health, or safety, passed by a two-thirds vote of all of the members elected to each house. Whenever it is deemed necessary for the immediate preserva- tion of the public peace, health or safety that a law shall go into imme- diate effect, a statement of the facts constituting such necessity shall be set forth in one section of the act, which section shall be passed only upon a yea and nay vote, upon a separate roll-call thereon; provided, hoivever, that no measure creating or abolishing any ofifice or changing the salary, term or duties of any officer, or granting any franchise or special privilege, or creating any vested right or interest, shall be con- strued to be an urgency measure. Any law so passed by the Legislature and declared to be an urgency measure shall go into immediate eff'cct. (('(,„^liltili(>ii. (tri. I v. SIC. ]. jxir. 4-.) SEC. 234. PASSAGE OF URGENCY SECTION. l'p(;n the third i-i'Mill Xo. was ordered passed, to retain its plat-c on the tile. EXPI.AXATOI'.V NOTE. 'Or .Mr. SEC. 239. n-..i Ml I CONSIDERATION OF DAILY FILE— THIRD READING OF SENATE BILLS. iJill .\o. - .\n .\r\. et.-. liill read third time The (picstion being on the jjiiss.fje til' the liill. The roll was called. ;ind . I'.ill .Xo. ._ (iiially |),issed- by the following vote : (roll call.) Title read and a|»|»roved.' liill ofdei-ed transmitted to the .\.sseiiil»ly. ' 9J: LEGISLATIVE MANUAL AND FORM BOOK. Also : Joint"' Resolution" No. Relative to, etc. The question being on the adoption of the Joint^ Resolution.'^ The roll was called, and Joint^ Resolution*^ No, adopted^ by the following vote : (roll call.) Joint^ Resolution'' ordered engrossed and ti-ansvnitted to the Assembly.' EXPI-AXATORY NOTE. 'Or Assembly. "Or refused passage. ■Or Senate. "Or TITLE AMENDED. Senator moved to amend the title of Bill No. by adding thereto the following: " ". Amendment adopted. Bill ordered to print and re-engrossment, and transmitted to the Assembly. ■"'Or concurrent. "Or Constitutional Amendment. "Or rejected. SEC. 240. CForm.) CALL OF THE SENATE.^ The roll was called (on the question before the Senate). Pending the announcement of the vote. Senator'-' moved a call of the Senate^ ^Motion carried. The Secretary* was directed to call the roll. The roll was called, and the following answered to their names: (roll CALL.) The Secretary* announced the absentees. Time m. The President" directed the Sergeant-at-Arms to close the doors. The Sergeant-at-Arms. having l)een furnished with the names of the absentees, was directed to bring them to the bar of the Senate\ At m.. Senator.s- , and — were brought to the bar of the Senate,^ and on motion of Senator- were excused'' for absence from the Senate Chamber. FURTHER proceedings UNDER CALL OF THE SENATE DISPENSED WITH. At m.. further proceedings under the call of the Senate^ were dispensed with, on motion of Senator'- The Secretary* was directed to call the roll, on passage of bill, of the Senators'^^ who had not answered to thoir names. LEGISLATIVE MANUAL AND FORM BOOK. 95 The roll was called, and Kill No. tiiially passed" by the following vote : EXPLAXATORT NOTE. 'Or House. -Or Mr. ^Or other presidiiis officer. *Or chief clerk. 'Or Assembly. '"Or other action. ^Or refused passage. (Form.> CASE OF URGENCY. (Appropriation Bill.) The following resolution was offered: By Senator^ : Resolved, That liill No. presents a case of urgency as that term is used in section 1.") of arricle IV of the Constitution and the provisions of that section retjuiring that each bill shall be read on three several days in each house is hereby dispensed with, and it is ordered that said hill lie now rend the second time, and placed upon its passage. Resolution read. The question being on tlie adoption of tlie re.solution. The roll was called, and the resolution adopted by the following vote : Ayes — Senators , etc. (Requires at least twenty-seven votes in the Senate or fifty-four votes in the Assembly.) AVhereupon. the President- declared the provisions of section 15 of article IV of tlie Constitution suspended for the [)urpose of considering at this time Bill No. Bill No. — An Act making an apin-opi'ialion. etc. Bill read second tiim'. considei'cd cngi'ossed and ordered on third- reading file. Bill ]-ead tliii'd time. The question being on the passage of the l)ill. The roll was called, and Bill No. pas.sed by the follow- ing vote : 'ROLL CALL.) I Kequires at least 1went> -seven votes in the Senate or fifty-four v(jtes in the Assembly.) 'I'itle read and ai)|)ro\'e(|. Bill ordered transmitted to the Assendily'. :\Pr-AXATOKV NOTE. 'Or Mr. -T)r other jiresiding otticei-. 'Or Senate. 'If the hill be for Ilie i>r.si-iva( ion ..f the iiuiilic peai.-. 1i.m1i!i ..'• ■.^.O.m iIi.i. instil at this point : Sefiion . set I i in: forih the urgency clMiise. read. 'I'he rpiestion beiot.'. ■'Shall this section, setting forth lli>' urgen.y i.nnir.s oi iinn liill. bf passed?" 'I'Ih- roll was calli-d. and the urgency section passed by thi- f4db>wiiig vole: .\VKs — Senators otc, (He(piir<'s at least Iwenly-scveii votes in ilie Seiiiite or fifty-four votes in the Asseinbly. » 90 LEGISLATIVE MANUAL AND FORM BOOK. SEC. 242. (Form.) SPECIAL ORDER. Senator' itiovetl that Bill No. ho made a special order for day, , 19__. immediately after the rt^ailiiiy of the .lournal. Also: Senator' moved that the further consideration of the motion to reconsider the vote whereby Bill No. was passed.-' he made a special order for o'clock, on dav, 19__. .Motion carried. EXPI,A.V.\TORY NOTE. 'Or Mr. =()r rcfiisod passajro. SEC. 243. (Form.) SPECIAL ORDER RESET. On motitm of Senator^ the consideration of Bill No. and Bill No. heretofore set as special orders foi- this time, were reset as special orders for consideration at o'clock and minntes on dav. 19 Also : On motion of Senator^ the consideration of Bill No. Avas reset as a si)ecial order for consideration at o'clock and minntes on day, 19 EXPI.ANATor.Y NOTE. 'Or Mr. SEC. 244. (Form.) CONSIDERATION OF SPECIAL ORDER. The hour having arrived for the consideration of Bill No. heretofore set as a special order for o'clock and minntes m., the same Avas taken up for consideration. ]^ill No. —An Act, etc. SEC. 245. (Form.) RECALL OF BILL FROM COMMITTEE. S.Miator^ moved that Bill No. be recalled from the Committee on , and that it be forthwith taken up for CO nsi deration. - ^lotion carried. j EXPr.ANATORY XOTE. | \rint'' for the pnrpo.so of resfindin^' aini'iulments adopteil on ^Motion cari'ied. Also : FROM ENGROSSMENT. Senator- moved that Bill No. be recalled from eno'ros.sim'iit for the purpose of rescinding amendments adopted on and that the same be restored to ils ])l;n'c on tlie second-reading tile. ]\Iotion carried. Also: FROM ASSEMBLY. Senator- moved that Bill No. be recalled from the Asseml)ly, for purpose of reconsideration. Motion carried. EXPLAXATORY NOTE. 'Or from eua:rossmont or from the Assembly. =0r Mr. "Or furtlK'r nnioiulment. SEC. 247. ("Form.) FORMER ACTION RECONSIDERED. Senator' moved a reconsideration of the Vdte wherelty Bills Xos. and were referred to s[)eciMl coimnittees {or amendment, that the said committees be discharged, and that such previous aetinu he expunged fi'om the I'ccords. ^Motion earried. and the records oi'dered so corrected. P)ills Di'diTril on thii'd-i-eMding lile. SEC. 248. ( l'"nrm. ) FORMER ACTION RESCINDED. Senator' )noved lli;i) llie adion taken \\y llie Senalc- on day. , IJ)--, in amending Bill No. undc!' speei;il instructions, he i-cscinded iind lluit sikIi ruriiici- ai-liou he expunged from the j-eeords. -Motion cari'icd. imd siicli \\;is tlie ordi-r. Also: Senator' nio\cTK. 'Or .Mr. 'Or Ass.Miil.lv. 7- Ifis.'l 98 LEGISLATIVE MANUAL AND FORM BOOK. SEC. 249. UNANIMOUS CONSENT GRANTED. Senator^ asked for. and was (granted, unaninioiis consent to take np out of the rey'ular order, for tlie purpose of anienduKMit Bill No. EXPLAXATORV NOTE. ^Or Mr. PART 11. AFTER PASSAGE IN THE HOUSE OP ORIGIN. SEC. 250. NOTICES TO BE IN WRITING UNDER PROPER SIGNATURES. Notice of the action of either House to the other shall he in writing, and under the signature of the Secretary or Clerk of the House from which such notice is to he conveyed. {Joint Ride No. 20.) SEC. 251. 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 mav determine to be proper. {Joint Rule No. 19.) SEC. 252. EACH HOUSE TO TRANSMIT PAPERS. Each House shall transmit to the other papers on which any bill or resolution shall be founded. {Joint Ride No. 5.) SEC. 253. MESSAGES MUST BE ANNOUNCED BY THE SERGEANT- AT- ARMS. AVhen a message shall be sent from either House it shall be announced at the door by the Sergeant-at-Arms. and .shall l^e resjiectfully com- municated to the presidino- officer bv the person l)v whom it ujav 1)e sent. {Joint Ride No. 18.) ^' MESSENGERS MAY BE INTRODUCED. Messenger may be introduced at any stage of l)usiness except while a 'ciuestion is being put. while the ayes and noes are lieing call«^d. wliile the ballots are being counted, or while a member is addressing the House {Senate Rule No. 62. Assembly Rule No. 5.) SEC. 255. MESSAGES FROM THE OTHER HOUSE. ^Messages from the other house may l)e considered at any time liy vote of the House receiving same. {Senate Rule No. 62. Assembly Ride No. 4.) LEGISLATIVE MANUAL AND FORM BOOK. 99 SEC. 256. BILLS READ AND REFERRED TO COMMITTEE. When a Senate hill has Ix i^ii rectMved l)y the Assembly or an Ass('nil)l\' l)ill hy the Senate, ^vith a iiiessaiie ann()niuin>>' that the same has )ta.«sed the Senate or Assembly, sneh hill shall be read the tirst time by the Secretary or Clerk and referred to a standing committee, nnless other- wise ordered by the Honse. (Joint Rule Xo. 9.) SEC. 257. 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 Sen- ate by the As.sembly. after its passage, or (if it be an Assembly liill) has been received from the Assembly l)y the Senate after its passage, it shall be taken np 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, unless otherwise ordered by the House, and shall then be assigned to the proper committee, unless otherwise ordered, who shall act ui>on the same as soon as ])racti('al)le. and i'('i)()rt the same back to the Senate or Assembly forthwith, and the chairman of each committee is charged with observance of this rule: itrnvulrd. that the Senate or Assembly may, at any time order such bill reported back from any committee by a majority vote. {Joint Rule So. 11.) SEC 258 DISPOSITION OF ASSEMBLY BILLS. When an Assembly bill has been received by the Senate, with a message announcing tliat it has passed the Assembly, such bill sliall i»e read the first time and be reterred by the President to a standing com- mittee; prorubd. lujircr* r. that wlieii ;in A.ssembly bill is received, the text of which is stated by a member lo l)e idenlical with that ol' a Senate bill. Avhich has already Ikm-ii lonsideiu'd and i-epoi-ted by a stand- ing committee of the Senate, such ,\sseinl)l.\ I'ill shall be refei-red to the Committee on EngrossuK-nt and Knrnllinent foi- conipi'ri-;!'!!. which connnittee shall rei>ort without delay, whethei- m- not su'-ji lull is identical with the Senat-- bill. IT i'c|i(ii'1e passed the Senate, such bill vliall lie i-eferred to a standing committee; funrith il. Innnn r, that wlieii a Sen- ate bill is receivcfl the pr(tvisioris of wliidi ai-e stated b\ ;i ■ :' '" 100 LEGISLATIVE MANUAL AXD FORM BOOK. be identical with those of an Assembly bill which has already been con- sidered and reported by a committee of the Assembly, such Senate bill shall be referred to the Committee on Engrossment and Enrollment for comparison, which committee sliall report on the next legislative day. whether or not said bill is identical with the Assemljly bill: and if reported identical, shall be read the second time, be substituted for the Assembly bill (the latter being considered withdrawn) shall take the latter "s place on the Assembly tile, and be considered as having- received the same recommendation of the Assembly committee ; provided, that the fact that the bills are identical shall he entered in the Journal. (Assembly Rule No. 9.) SEC. 260. 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 wliich the same shall have passed. (Joint Rule Xo. 4.) SEC. 261. (Form.) MESSAGES FROM THE ASSEMBLY.' The following messages from the Assembly^ were taken up and read : Assembly' Chamber. Sacramento. March 25, 1915. Mr. President^ : I am directed to iuform your honorable body that the Assembly' on this dav passed Assembly' Bill No. — Au Act. etc. Also : Assembly' Bill No. — Au Act. Also: As.semblv' Bill No. — Au Act. Also : Assembly' Bill No. — Au Act. _._ Chief Clerk of Assembly. By .. A-ssistaut Clerk. A.ssemblyi Bill No. read first time, and referred to Committee on As.sembly' Bill Xo. read first time, and referred to Connnittee on As.sembly' Bill Xo. read first time, and referred to Committee on A.ssembly' Bill Xo. read first time, and referred to Committee on Also: . _ Saceamexto. March "J.j. 191.). ;Mr. Presidext: I am directed to inform your honorable body that the Assembly ou this dav adopted Assembly' Concurrent Resolution No. — Providing; for the appointment of a committee to devise au improved method of handling bills after introduction. ^ „ ^, , „ . Chief Clerk of Assembly. By Assistant Clerk. Resolution referred to Committee on Rules. EXrL.\X.\TOi:Y XOTE. 'Or Senate. "Or other presiding officer. LEGISLATIVE ilAXUAL AND FORM BOOK. 101 SEC. 262. (Form.) MESSAGES FROM THE ASSEM BLY'— (OUT OF ORDER). On motion of Senator- the following messages from the Assembly^ were taken np and read, out of the regular order: A.ssEMBLY^ Chamber. Sacramento, April 2, 1915. Mr. President": I am directed to inform your honorable body that the Assembly' on this day passed Senate' Bill Xo. — An Act, ^ — , Chief Clerk of As.«embly. By , Assistant Clerk, Senate* Bill No. ordered to enrollment. Also : Sacramento, April 2. lOl-^. Mr. President": I am directed to inform your honorable body that the Assembly* on this day passed Assembly- Bill Xo. — An Act. Also: Assembly- Bill Xo. — An Act. Also: Assembly" Bill Xo. — An Act. Also: Assembly- Bill Xo. — An Act. , Chief Clerk of Assembly, By , Assistant Clerk, Assembly^ Bills Xos. and read first time, and referred to Committee on Assembly^ Bill Xo. read fir.st time, and referred to Cominittee on Assembly^ Bill N^o. read first tiiiit'. and referred to Committee on EXPLAXATORY NOTE. 'Or Senate. =0r Mr, "Or other presiding officer, *0r Assembly. I Form. I WITHDRAWAL OF COMPANION BILL, Senator^ a.*^ked for and was granted nnanimous consent to withdraw from the filf Senate- Bill Xo. it being identical with A.ssembly' Bill Xo. , now before the Senate,- Senate- Bill Xo. ordered witluh-awn and stricken fi-nm tlu- tile, EXPLAXATORY XOTE, 'Or Mr. -Or Assembly. ^Or Senate. 102 LEGISLATIVE MANUAL AXD FORM BOOK. CHAPTER VI. AMENDMENTS AND CONFERENCES. CiiAi'TEu Contents. I'ART L AMKNDMENT.S. Sec. 2tj4. SiilistitiiU' regarded as aiiieudment. ( As.senibly rule.) Sec. '2i'>~>. Anii-ndments and substitutes — ^When in order. (.Senate rule.) Sec. JCfi. Ani('ndment.s and substitutes — -Must be germane. (.Senate rule; Assem- bly rule.) Sec. :.'<)T. Least sum and sbortest time in fillini;- blank.s. (Senate rule; Assembly rule.) Sec. 2(jS. Amendment of bills requiring two-thirds vote. (Senate rule.) Sec. 20'.t. Amendment to original question. (Senate rule.) Sec. 270. No amendment on tbird readins:-. but may commit. (Senate rule; Assem- bly rule. ) Sec. 2TL Amendments to amended bills nuist l)e attached. (.Toint rule.) See. 272. To concur or refuse to concur in amendments. (.Joint rule.) Sec. 27o. Second reading of bills. (Form.) Sec. 274. Second reading of bills (out of order I. (Form. I Sec. 275. Amendments from the floor. (Form.) Sec. 27<>. Second reading of bill (out of order). (Form.) Sec. 277. Motion to refer to special committee of one. (Form.) Sec. 27S. Reference to special committee of one ( on recommendation of standing committee ) . ( Form. ) Sec. 279. Title amended. (Form.) Sec. 2.S0. Former action reconsidered. ( Form, i Sec. 281. Former action rescinded. (Form.) Sec. 2S2. Message fi'om the Assembly. (Form.) Sec. 283. Consideration of Assembly amendments (out of order). (Form.) Sec. 2S4. Message from the A.ssembly (requesting Senate to recede from its a mendments ) . ( Form. ) Part II. Conferences. Sec. 285. When Senate or Assembly refuses to concur. (.Joint rule.) Sec. 2SG. Committee on conference. (Joint rule.) Sec. 287. Committee on free conference. (Joint rule.) Sec. 288. When conference committee report i.s in order. ("Joint rule.) Sec. 289. Appointment of committee on conference. (Form.) Sec. 290. Report of committee on conference. ( Form. ) Sec. 291. Committee on free conference appointed. (Form.) Sec. 292. Report of committee on free conference. (Form.) PART I. AMENDMENTS. SEC 264 SUBSTITUTE REGARDED AS AMENDMENT. A motioii to substitute shall be deemed aud held to be a motion to amend, and be treated in all respects as such. {Assemhly Rule No. 50.) SEC. 265. AMENDMENTS AND SUBSTITUTES— WH EN IN ORDER. Substitutes may be offered at any time when a bill or resolution is open to amendment, previous to engrossment ; and when adopted shall take the place of the original bill or resolution, and shall be open to amendment. (Senate Rnle No. 46.) LEGISLATIVE MAXUAL AND FORM BOOK. 103 SEC. 266. AMENDMENTS AND SUBSTITUTES— MUST BE GERMANE. A substitute or amendment must relate to the same subject as the orig- inal bill, resolution or constitutional amendment under consideration. {Senate Ixule Xc). -il. Assembly Bule No. 51.) SEC. 267. LEAST SUM AND SHORTEST TIME IN FILLING BLANKS. In tilling up blanks, the least sum or number and the shortest time shall be put first. {Senate Bnle Xo. 48. Assembly Kule No. 55.) SEC. 268. AMENDMENT OF BILLS REQUIRING TWO-THIRDS VOTE. A constitutional amendment or bill requiring a vote of two-thirds of the members elected to the Senate for final adoption or passage may be amended liy a majority of those voting. {Senate BnJe No. 49. ) SEC. 269. AMENDMENT TO ORIGINAL QUESTION. An amendment maj^ be laid on the table without prejudice to the bill. "When an amendment proposed to any pending measure shall be laid on the table, it shall not carry with it or prejudice such measure. If the question in debate contains several propositions, any Senator may have the same divided; except a motion to strike out and insert shall not be divided. The rejection of a motion to strike out and insert one proposition shall not prevent a motion to strike out and insert a different proposition, nor shall it prevent a motion to simply strike out, nor shall the rejection of a motion to strike out prevent a motion to strike out and insert ; but pending a motion to strike out and insert, the part to be stricken out and the part to be inserted shall each be regarded, for the purpose of amendment, as a question. Motions to amend the part to l)e stricken out shall have precedence. {Senate Rule No. 54.) SEC. 270. NO AMENDMENT ON THIRD READING. BUT MAY COMMIT. No amendment shall be received for discussion at the tliird reading of any bill; ])ut it shall at all times be in order. l)cfore the final j)assagc of such Ijill, to move its commitment under special instructions to amend. {Senate Huh No. 55. Assembly liule No. 13.) SEC. 271. AMENDMENTS TO AMENDED BILLS MUST BE ATTACHED. Whencvci- a l)ill oi- rrsoliition which shall have' hct-n passed in one house shall be amended in th(,' oilier i1 shall iiiniiedialely he repi-inled a.s anietided li\- the house makiuL' such anieiidineiit or amendments. 104 LEGISLATIVE MANUAL AXD FORM BOOK. Such amendment or amendments shall be attached to the bill or resolu- tion so amended, and indorsed "Adopted," and such amendment or nmeudments, if concurred in by the house in which such bill or resolu- tion originated, shall be indorsed "Concurred in," and such indorse- ment shall be signed by the Secretary or Assistant Secretary of the Senate, or the Clerk or Assistant Clerk of the Assembly, as the ease mav be. {Joint Eule No. 8.) SEC. 272. 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. 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. (Joint Eule No. 13.) SEC. 273. (Form.) SECOND READING OF BILLS. Bill Xo. —An Act, etc. COMMITTEE AMENDMENTS. During the second reading of the bill, the following committee amend- ments were offered : AMEXDMEXT XUMEEK ONE. Oil pase Hue strike out the words " " aud iusert iu lieu thereof the following: '" " Amendment adopted. a:mexdment number two. On page etc. Amendment adopted. SEC. 274. (Form.) SECOND READING OF BILLS— (OUT OF ORDER). On motion of Senator^ the second-reading file of bills was taken up. out of the regular order. Bill No. - — COMMITTEE AMENDMENTS. During the second reading of the bill, the following eonnviittee amend- ments were offered : AMEXUMEXT XUMCER OXE. On page , section , line after the word insert the following: Amendment adopted. Bill read the second time, and ordered to print, engrossment and third reading. EXPLANATORY XOTE. 'Or :Mr. LEGISLATIVE MANUAL AND FORM BOOK. 105 SEC. 275. (Form.) AMENDMENTS FROM FLOOR. During the second reading of the bill, the following amendments Avere offered and their adoption moved by Senator^ : AMENDilEXT NUMBER ONE. Ou page 1, in Hue 9 of the printed bill, strike out the words "' "' and insert in lien thereof the following: " ". Amendment adopted. AMENDMENT DUMBER TWO. (ETC.) EXPLAXATORY NOTE. 'Or Mr. SEC. 276. ( Form. ) SECOND READING OF BILL— (OUT OF ORDER). Senator^ asked for. and was granted, unanimous consent to take up for second readino> out of the regular order, Bill No. EXPI.AXATORT NOTE. "Or Mr. SEC. 277. CFonn.) MOTION TO REFER TO SPECIAL COMMITTEE OF ONE. During third reading of the bill. Senator^ moved to refer Bill No. to Senator^ as a Special Committee of One, to amend as follows : AMENDMENT NUMBER ONE. By striking out of ])age , line . of printed bill, the word , and inserting in lieu thereof the word AMENDMENT NUMBER TWO. By striking out of i)age , lines and the word , and insert in lieu thereof the word .Motion carried. REPORT OF SPECIAL COMMITTEE OF ONE. Mr. I'residoiil- : Your Six'oial Comniittcc of One. to which was referred iiill No. . with instructions to annnd. respectfully reports the same back, amended as per instructions. , Committee. l\c])ort read, and on motion of Senator^ adopted. I->ill ordered to print and re-cngrossmeiit. EXPLANATORY NOTE. 'Or Mr. -Or .Mr. Spffikor. 106 LEGISLATIVE MANUAL AND FORM BOOK, SEC. 278. (Form.) REFERENCE TO SPECIAL COMMITTEE OF ONE. (Oil ivcoiunit'udautui of Standing Committee.) Sacramento. Marcli 20. 1915. Mi:. 1'ke.^iuext' : Your Committee on , to wliich was referred Senato- Bill No. — An Act — has had the same under con- sideration and reports the same back with recommendation that it be referred to a Special Committee of One to amend as follows: AilENDMEXT NUMBER ONE. lu line , pase after the word " ". insert the words " "'. , Chairman. Report adopted. APPOINTMENT OP SPECIAL COMMITTEE OF ONE. AYhereiipon the President^ appointed Senator^ a Special Committee of One to amend Senate- Bill No. in accordance with the above report. REPORT OF SPECIAL COMMITTEE OF ONE. Senate^ Chamber. SacPvAMEnto. March 29. 191.".. Mr President^ : Your Special Committee of One. to which was referred Senate Bill No. with instructions to amend, respectfully reports the same back. amended as per instructions. . Committee. Report read and, on motion of Senator^ , adopted. Bill ordered to print and re-engrossment. EXPLANATORY NOTE. 'Or other presiding- officer. -Or Assembly. =Or Mr. SEC. 279. ,^ , ( Form. ) TITLE AMENDED. Senator^ moved to amend the title of Senate" Bill Xo. by adding thereto the following: " " Amendment adopted. Title, as amended, read and approved. Bill ordered to print and re-eng-rossment. and transmitted to the Assemblv. X. B.— 1'his procedure used only on third reading and after passage of the bill. EXPLANATORY NOTE. 'Or Mr. SEC. 280. ( I' ■ji-m.) FORMER ACTION RECONSIDERED. Senator^ moved a reconsideration of the vote Avhereby Bills Nos and were referred to special com- mittees for amendment, that the said committees be discharged, and that such previous action be expunged from the records. Motion carried, and the records ordered so corrected. Bills ordered on third-reading file. LEGISLATIVE MANUAL AND FORM BOOK. 107 SEC. 281. (Form.") FORMER ACTION RESCINDED. Senator^ moved that the action taken by the Senate- on day. , 19__. in amending Bill Xo. under special instructions, be rescinded and that such former action be expunged from the records. ^Motion carried, and such was the order. Also : Senator^ moved that Bills Nos. _-_ and be recalled from print, engrossment and third reading. and be restored to the second-reading tile for further consideration ; and that such former references in the records be made to read: "Passed on file for further consideration." Motion carried, and such was the order. EXPLAXATORT XOTE. 'Or Mr. -Of Assembly. SEC. 282. (Form.) MESSAGE FROM THE ASSEMBLY. (Asking concurrence in amendment.) The following message from the Assembly^ wa.s taken up and read : Assemuly' Chamber. Sacramento. April 1. lOl.j. :Mk President: I am directed to inform your liouorablo body that the Assembly' amended, and on this day passed as amended. Senate^ Bill No. — An Act And n-siiectfully asks that the amendments be concurred in. , Chief Clerk' of Assembly.' By , Assistant Clerk.^ CONSIDERATION OF ASSEMBLY AMENDMENTS. The Senate- took up for consideration Assembly' MinriMliiHiils to Senate- Bill No. Senate Bill No. —An Act. etc. ASSEMBLY^ AMENDMENTS TO SEN.VTE' BILL NUMBER^ amexdment number one. In line of the title, strike out the followins: : " " amendment NIMIJEU TWO. Ou paffo line strike out the words " " The question being. "Shall the Senate- concur in Assembly^ amend- ments to Senate- Bill No. ? " The roll was called, and Assembly^ ameiidmeiits to Senate- Bill No were concun-ed' in by the following vole: Ayks — Senators* Noes — Senators* ' Senate- Bill No ordered to enfolliiien!. E.XIM.A.VATOIIY .NOTK. 'Or Senate. -Or Asseniitly. "Or Secretary. •Or .M.ssrs. ■''Or refused coneiirreni-e. 108 LEGISLATIVE MAXUAL AND FORM BOOK, SEC. 283. (Form.) CONSIDERATION OF ASSEMBLY AMENDMENTS— (OUT OF ORDER). On motion of Senator^ the Senate- took up for con- sideration Assembly amendments to Senate bills, out of the regular order. EXPLANATORY XOTE. 'Or Mr. -Or Assembly took up for consideration Senate amendments to Assembly bills. SEC. 284. (Form.) MESSAGE FROM THE ASSEMBLY.^ (Requesting Senate' to recede from its amendments.) Assembly^ Chamber. Saceamexto, , 19 Mr. President^ : I am directed to inform your honorable body that the Assem- bly' on this day refused to concur in Senate- amendments to Assembly' Bill No. , and respectfully requests that the Senate" recede from the same. , Chief Clerk* of Assembly.^ By . Assistant Clerk.* Senator* moved that the Senate- recede from Senate- amendments to Assembly^ Bill No. ^ The ciuestion being. "Shall the Senate- recede from Senate- amend- ments to Assembly^ Bill No. ?" The roll was called, and the Senate- refused to recede*^ from Senate^ amendments to Assembly^ Bill Xo. by the following vote: Ayes — Senators' , , etc. Noes — Senators' , , etc. The Secretary" was directed to notify the Assembly^ of the Senate 's- refusaP'^ to recede. EXPLANATORY NOTE. ^Or Senate. "Or Assembly. 'Or Speaker. ^Or Mr. "In some instances this procedure is had without a motion from the floor, the presiding officer putting the question without special authorization. In this event these two lines "should be omitted. "Or receded. 'Or Messrs. ^Or Secretary. "Or Chief Clerk. ■""Or decision. PART II. CONFERENCES. SEC. 285. WHEN SENATE OR ASSEMBLY REFUSES TO CONCUR. If the Senate refuse to concur (if it be a Senate bill) . or the Assembly refuse to concur (if it be an Assembly bill), the Secretary, or Clerk, shall notify the house making the amendments of such refusal and ask that they recede fi-om their amendments. If they refuse to recede, the presiding officer shall appoint a committee of three (3) on conference and the Secretary, or Clerk, shall immediately notify the other house of the action taken and request the appointment of a like committee. Two of the members comprising such committee from each house shall be LEGISLATIVE MANUAL AND FORM BOOK. 109 selected from those voting with the majority on the point about Avhieh the ditt'erenee has arisen, and the other member from each house of such committee shall be selected from the minority, in the event there is a minority vote. The first Senator named on the conference com- mittee shall act as chairman of the conunittee from the Senate, and the first Assemblyman named on such committee shall act as chairman of the committee from the House, and the chairmen thus selected shall arrange the time and place of all meetings and prepare or direct the preparation of reports. The committee on conference shall report to both the Senate and Assemblv. (Joint Hide Xo. 14.) SEC. 286. 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 chairmen of the committees. {Joint BuU Xo. 15.) cpc 287 COMMITTEE ON FREE CONFERENCE. If the conference fail to agree or either house refuse to adopt the report of the committee, a committee on free conference shall then be appointed, which shall consist of three members from each house, to be constituted and appointed in the same manner as a committee on conference. The committee on free conference is hereby directed to include in its report any amendments which it may adopt as a com- mittee, and such amendments shall l)e attached to the bill. The report of the committee on free conference shall not be subject to auK^ndment, and if either house refuse to adopt such re]iort, the conferees may 1)(' discharged and ather conferees appointed. [It sliall requirt- the affirmative vote of not less than four of the meml)ers con- stituting the committee to agree upDii a report.] Xo member who has served on a (•(unmittce on conrcrence shall be appointed a member of a comniiltcc on fr •(uifci-ciice on the same hill. (Joint Hull Xo. Ki.i SEC. 288. WHEN CONFERENCE COMMITTEE REPORT IS IN ORDER. The })i'esentati(in ol' llie rei)oi-1 of a comiiiil 1i''' oii eonrcreiici' or free conference shall always be in order, except when ihc .lounial is being read or a (|uestion ent= : Your Committee on Conference concerning Bill jS'o. — An Act, etc. — reports that we have met a like committee of the Assembly." consisting of Assemblymen' and and we report that the Conference Committee is nnable to agree." and recommend that a Committee on Free Conference lie appointed. Committee on Conference. Report of Committee on Conference accepted. Committee discharged, and, on motion, the entire subject matter Avas referred to a committee on free conference to be appointed by the Chair. X.B. — When committee is agreed, then the recommendation of the committee is (1) that the Senate^ recede from its amendments (if it he an Assembly' bill), or (2) that the Senate^ concur in the Assembly" amendments (if it be a Senate^ liill) the procedure is as follows: Keport read. The question being on the adoption of the report. The roll was called, and the report adopted" by the following vote : (ROLL CALL.) Senate^ Bill No. and report of Conniiittee on Conference, ordered tran.smitted to the Assembly. - EXPLANATORY NOTE. 'Or Assembly. -Or Speaker. "Or Senate. ■•Or Senators. -.si "^In the event that the committee agrees the recommendation will be (1) that the house which amended recede, or (2) that the house in Avhich the 1)111 originated concur in the amendments. "Or rejected. SEC. 291. ( !-'orm. ) COMMITTEE ON FREE CONFERENCE APPOINTED. The President* announced the appointment of Senators"' , and as a committee on free conference to meet LEGISLATIVE MAXI'AL AND FORM BOOK. ■ 111 Avitli a like eommitteo from the AsseiHl)ly'- for the considevatioii of Senate' Bill No. The Secretary was directed to notify the Assembly- of the Senate V appointment of C'ommittee on Free Conference. EXPI.AXATORr NOTE. 'Or Assembly. "Or Senate. "Or ^Messrs. ■•Or other presiding officer. SEC. 2?2. (■Form.) REPORT OF COMMITTEE ON FREE CONFERENCE. The following report was received and read : Senate' Cu.vmber. Sacuamento. May it. I'*--- Mr. President-: Your Committee on Free Couference courorninu. Bill Xo. — An Act. etc. — reports that we have met a like committee of the Assembly.^ consisting of Assemblymen* ami and we report that the Free Conference Committee agreed upon and recommends that the followiu^- amendments be adopted : AMENDMENT NUMBER ONE. Amend the title of the printed bill by striking out all of linos and of I he title and inserting in lieti thereof the following: AMENDMENT Nl'MRER TWO. Strike out all of the printed bill from and including line paue lo and inchidiu!; line page AMENDMENT NIMHEK TllKKK. On page of the printed bill, strike out all of svciion and iiiscri in Himi thereof the following: Section AMENDMENT NXMUEK EOUK. On page . strike out all of section and iiiscri in lie\i tlicreof ilie following : Section AMENDMENT NU.MIJER El\ E. On ]<:^'J:<■ of the printed bill, strike out all of section Assembly Committee on Free Conferenci Senate Committee nn Free Conferem-e. 'J'hc (|U('stioii liciiig 1)11 the adopt ion of the n-jxtrt of the romiiiithH- on Frt'C ('onfcrencc and tlic amciidni<-nls. The roll was called, and th<' rt-port of llic ( 'oiniiiillir (ui Kn-c Con- ference and the iinieiidnienls inloiilcd' l»y the following: \o1r: (KOF.L CAr>L.j Senate' liill Xo. and report n\' Coniniitt hi \-'\-rr Cunrei-- ence ordered transnnt1e(|" lo the ,\.ss(Miil)|y.' K.\r'I.ANAT()UY NOTE. 'Or .\sseinbly. -Or Speaker. ■Or SeiiJile. M >r Senators. ■( tv reji-cled. '■(»r (in the event Ihal llie .\ssenil>l\ li:i~ ;iiii.mI> .i'i"l .ilei ....li, ., i,- ., i . favorable) to enrollment. 112 LEGISLATIVE MANUAL AND FORM BOOK. CHAPTER VII. MOTIONS, DEBATES AND VOTING. Chapter Contents. Part 1. Motions. t. Executive ses.sion. (Senate rule.) Sec. 20(j. Question indefinitely postponed. (Assembly rule.) Sec. 207. Division of questions. (Assembly rule.) Sec. 298. Motion-s to be stated by Speaker, and if desired shall be reduced to writin?. or may be withdraAvu. (Assembly rule.) Sec. 299. Motion to adjourn. (Assembly rule.) Sec. 300. Notice of reconsideration. (Assembly rule.) Sec. 301. Reconsideration of bills sent to Assembly. (Senate rule.) Sec. 302. Secretary, upon notice of reconsideration, not to report bill to Assembly. ( Senate rule. ) Sec. .303. Motion to reconsider may be debated. (Senate rule.) Sec. .304. Question of personal privilege. (Form.) Sec. 30.5. Point of order. (Form.) Sec. 30G. Appeal from the deci.'sion of the chair. (Form.) Sec. .307. Motion to lay on the table. (Form.) Sec. 308. Notice of motion to adopt i*esolution. (Form.) Sec. 309. Notice of motion to reconsider. (Form.) Sec. 310. Motion to reconsider. (On day subsequent to vote.) (Form.) Sec. 311. Resolution. (Appropriation money.) Sec. 312. Resolution. (Form.) Sec. 313. Motion withdrawn. (Form.) Part II. Debates. Sec. 314. Decorum and debate. (Senate rule.) Sec. 31."). Senator entitled to floor. (Senate rule.) Sec. 31(!. Senator, when called to order, must sit down. (Senate rule.) Sec. 317. Precedence of questions in debate. (Senate rule.) Sec. 318. Motion not to be debated until seconded and announced. (Senate rule.) Sec. 319. Reading of a paper, if objected to. determined without debate. (Senate rule.) Sec. 320. Form of previous question — Call of Senate. (Senate rule.) Sec. 321. Order in speaking to questions. (Assembly rule.) Speaker to decide who is entitled to the place. (Assembly rule.) Calling members to order when transgressing rules. (Assembly rule.) Calling to order for offensive words in debate. (Assembly rule.) Previous question demanded. (Assembly rule.) Previous question. (Assembly rule.) Questions of order after previous question is ordered. (Assembly rule.) Precedence of motions during debate. (Assembly rule.) Debate not allowable when. (Assembly rule.) Personal explanation. (Assembly rule.) Part III. Voting. Voting on bills, etc. (Constitution.) Necessary votes on Senate actions. Sec. 333. Necessary vote.s on Assembly actions. Sec. .333A. Lieutenant Governor to have casting vote. (Constitution.) Sec. .334. Elections bv Legislature to be r/r« voce. (Constitution.) Sec. 322. Sec. 323. Sec. 324. Sec. 32.5. Sec. .320. See. 327. Sec. .328. Sec. 329. Sec. 33<;». Sec. .331. Sec. 332. LEGISLATIVE MANUAL AND FORM BOOK. 113 Sec. 33o. Ayt's and noes — Members must nnswor — No vote after aunouiicemeut of vote. (Senate rule.) Sec. 330. Excuse from votins'. (Senate rule.) Sec. 337. Election by hoii.>;e. (Assembly rule.) Sec. .338. Calling ayes and noes. (Assembly rule.) Sec. 339. Meud)ers at Clerk's de.sk. (Assembly rule.) Sec. 340. Voting on question when interested. (Assembly rule.) Sec. 341. Division and count of house. (Assembly rule.) Sec. 342. Explaining- or changing vote. (Assembly rule.) Sec. 343. Call of the house. (Assembly rule.) Sec. 344. Roll call ordered. (Form. I Sec. 34."). Division of the question. Sec. 340. Ayes and noes demanded. (Form.) Sec. 347. Explanation of vote. (Form. » Sec. 34S. Excused from voting. (Form.) PART I. :\rOTIONS. SEC. 293. CASES NOT PROVIDED FOR, ROBERT TO GOVERN. In all eases not provided for in the rules of the two houses, the authority shall be Robert's Rules of Order. (Senate Ride No. 65. Assembly Rule Xo. 70.) SEC. 294. PROTEST OF MEMBERS. It shall be in order for any member or members to protest against the action of the house, and have such protest entered in the Journal. ^Assembly RuU No. 73.) SEC. 295. EXECUTIVE SESSION. When a motion is adopted to close the doors of the Senate, on the discussion of any business, which may, in the opinion of the Senate, require an executive session, the President shall recpiire all persons • 'xcept the Senatoi-s. President of the Senate, Secretary and Sergeant- at-Arms to withdraw, and (lurinf? the discussion of said business, the • loors shall remain dosed. Every S(;natf)r and officer present shall keep secret all matters and prt>('<'(Mlin<^s eoncei-iiinj^: which secrecy sliall be enjoint'd by ordci- of tin- Senate. {Senate Rule No. 61.) SEC. 296. QUESTION INDEFINITELY POSTPONED. When a question is postponetl indciiiiitfly, Hie same shall not again ]•(• inf r-orliicfd iliiiiriir tin- session. ( Asst niltl y Rule No. 48.) »— 16821 114 LEGISLATIVE MANUAL AND FORM BOOK. SEC. 297. DIVISION OF QUESTIONS. Any member may call for a division of the question, which shall be divided if it comprehend propositions in substance so distinct that, one being taken away, a substantive proposition shall remain for the decision of the house. A motion to strike out being lost, shall preclude neither a motion to add to nor a motion to strike out and insert. { Assembly Rule No. 49.) SEC. 298. MOTIONS TO BE STATED BY SPEAKER, AND IF DESIRED SHALL BE REDUCED TO WRITING, OR MAY BE WITHDRAWN. No motion shall be debated until the same be seconded and distinctly announced by the Speaker; and it shall be reduced to writing, if desired by the Speaker, or any member, and be read by the Clerk, before the same shall be debated. A motion may be withdrawn, by leave of the house, at any time before amendment or decision. {Assembly Rule No. 42.) SEC. 299. MOTION TO ADJOURN. A motion to adjourn shall always be in order, except during roll call. The Clerk shall enter on the Journal the name of any member moving an adjournment, also the hour at which the motion was made and adjournment taken. When a motion is made and seconded to adjourn, it shall be in order for the Speaker, before putting the question, to permit any member to state any fact to the house relating to the condition of the business of the house which would seem to render it improper to adjourn at that time. Such statement, however, shall not be debatable, and such statement or statements shall not, in any case, occupy more than two minutes. {Assembly Rule No. 43.) SEC. 300. NOTICE OF RECONSIDERATION. On the day succeeding that on which a final vote on any bill, eon- current or joint resolution, or constitutional amendment has been taken, said vote may be reconsidered on motion of any member ; pro- vided, notice of intention to move such reconsideration shall have been given on the day on which such final vote was taken, by a Senator voting with the prevailing side ; and it shall not be in order to recon- sider on the day on which such final vote was taken. Said motion for reconsideration shall have precedence over every other motion, except a motion to adjourn. It shall require a majority vote to carry any motion to reconsider the vote by which an3^ bill, concurrent or joint resolution has been passed or defeated, and a two-thirds majority to carry any motion to reconsider the vote by which any constitutional amendment has been passed or defeated. Notice of reconsideration shall not be in order on the day preceding the last day of the session. (Senate Rule No. 50. Assembly Rule No. 58.) LEGISLATIVE MANUAL AND FORM BOOK. 115 SEC. 301. RECONSIDERATION OF BILLS SENT TO ASSEMBLY. "When a liill, resolution, amendment, order or message upon which a vote has been taken shall have gone out of the possession of the Senate and been communicated to the Assembly, a motion to reconsider shall be preceded by a motion to request the Assembly to return the same, which last-named motion shall be acted upon immediately and without debate, and if determined in the negative, shall be a final disposition of the motion to reconsider. (Senate Rule Xo. 51.) SEC. 302. SECRETARY, UPON NOTICE OF RECONSIDERATION, NOT TO REPORT BILL TO ASSEMBLY. If a Senator gives notice that he intends to move a reconsideration, the Secretary shall not transmit the bill, concurrent or joint resolution, 01- constitutional amendment to the Assembly till the reconsideration i.s disposed of. or the time for moving the same has expired, unless the bill or resolution has already been transmitted to the Assembly. (Senate Bide No. 52.) SEC. 303. MOTION TO RECONSIDER MAY BE DEBATED. A Senator, after a notice to reconsider is given, as provided in Rule 50, may, at the reconsideration thereof, present the main question in his argument thereon, and the same may be debated by the Senate 7)rovided that the subject-matter is de])atable. (Senate Rule No. 53.) SEC. 304. (Form.) QUESTION OF PERSONAL PRIVILEGE. Senator^ arose to a question of personal privilege and addressed the Senate- as follows: EXPLANATORY NOTE. ■Or Mr. ^Or Assembly. < Form.) POINT OF ORDER. Senator' i-aised the point iit (Hily w Ikmi dciiuiiidi'd by tlir.'.- iiKMiibcrs. (Assembly Rule Xo. 47.) ^^^' ^"" PREVIOUS QUESTION. Tile previous (|Wes1ion sliall In- in lliis toi-iii : 'Shall llic m.im m""-^; lion Ix- now i)ut?" And ils viXn-t. wIkmi sustain. -d by a iiiajonly of the mcMilM'rs present, sliall he t«i put an end l<. all dehale and bring thi; hou.se to a vole en the (|iiesti(»n or (pie.stions hefure it. (Asstmbhi Rule Xo. 45. 122 LEGISLATIVE MANUAL AXD FORM BOOK. SEC. 327. QUESTIONS OF ORDER AFTER PREVIOUS QUESTION IS ORDERED. All incidental questions of order arising after a motion is ]nade for the previous question, and pending such motion or previous question, shall be decided (whether on appeal or otherwise) without debate; provided, that after the previous question shall have been ordered, ten minutes shall be allowed for explanation of the matters covered by the previous question, of which tive minutes shall be given to the member moving the previous question and five minutes to those apposed thereto. (Assembly Rule Xo. 46.) SEC. 328. PRECEDENCE OF MOTIONS DURING DEBATE. When a question is under debate, or before the house, no motion 5hall be received but: To adjourn; to lay on the table; for the previous question ; to postpone to a day certain ; to commit or amend ; to post- pone indefinitely ; Avhicli several motions shall have precedence in the order in which they are named, but the first three shall be decided without debate ; and no motion to postpone to a day certain, to commit, or to postpone indefinitely, being clecided. shall again be allowed on the same day and at the same stage of the proceedings. A motion to strike out the enacting clause of a bill .shall have preference over a motion to amend, and, if carried, shall be considered equivalent to its rejection. A dilatory motion shall not be considered intervening business within the meaning of parliamentary usage. (Assenihly Rule No. 44.) SEC. 329. DEBATE NOT ALLOWABLE— WHEN. When the reading of a paper is called for, except petitions, and the same is objected to by a member, such reading shall be determined by a vote of the house, without debate. (Assembly Rule No. 57.) All questions relating to the priority of business shall be decided without debate. (Assembly Rule No. 56.) SEC 330 PERSONAL EXPLANATION. Any member may rise to explain a matter personal to himself, with leave of the Chair, but shall not discuss a question in such explanation. (Assembly Rule No. 41.) PART III. A^OTING. SEC. 331. VOTING ON BILLS, ETC. Xo law .shall be pa.ssed except by bill. Nor shall any bill be put upon its final passage until the same, with the amendments thereto, shall have been printed for the use of the members ; nor shall any bill become a law unless the same be read on three several days in each house, unless, in LEGISLATIVE MANUAL AND FORM BOOK. 123 case of urgency, two-thirds of the hDiise wlicn- sucli bill may he peiuliiiii'. shall, by a vote of yeas and nays, dispense with this provision. Any bill may originate in either house. )nit may be amended or rejected by the other: and on the final passage of all bills they shall be read at length, and the vote .shall be by yeas and nays upon each bill separately, and shall be entered on the journal, and no bill shall become a law Avithout the concurrence of a majority of the members elected to each house. {CousfitulioH. art. IV., sec. lo.) SEC. 332. NECESSARY VOTES ON SENATE ACTIONS. 1. A majority of the members elected (twenty-one votes) to pass all bills (except No. 2). 2. Two-thirds of the members elected (twenty-seven votes) to pass a bill increasing number of Superior Judges. 3. Two-thirds of the members elected (twenty-seven votes) to suspend the Constitution in ease of urgency. ■i. Two-thirds of the members elected (twenty-seven votes) to pass constitutional amendment. 5. Two-thirds of the members elected (twenty -seven votes) to pass urgency clause and urgency bills for preservation of public peace, health or safety. 6. A majority vote of thosi" voting to amend a constitutional amend- ment. 7. A majority of the members elected (twenty-one votes) to pass con- current resolution ratifying a city charter or amendment thereto. 8. Two-thirds of the "members elected (twenty-seven votes) to pass a bill over Governor's veto. 9. Three-fifths of the members elected (twenty-four votes) to nicrease the number of attaches and employees. 10. A majority vote of those votina- to pass all other resolutions. SEC. 333. NECESSARY VOTES ON ASSEMBLY ACTIONS. 1. Att;i<-lirs and ciiiployccs. t:) appoint ntli.'i- tluiii slalutoiy. tiiree- fifths of tin- iiihcrs elected. Political ("ode. Scclion 24(i (forty-eight votes) . 2. Bills, increasing Superior Jud-res. two-thirds of the members elected (fifty-four votes). 3.' iiills. to introduce after ediist itut ional I'i'eess. sixty votes. 4. Bills, to i)ass. a majority (»f the Miembei-s elecjed | i"(irty-(.ne votes (except to increase Superior Judges) J. '). Bills, to substitute, majority vote. f). (,"ity charter, to ain<-iid. a majority of the nienitn'is elected > lorty- one votes). 7. Coustitulioual aniendnienls. to amend, majority vote. 8. Constitutional amendments, to pass, two-thirds of the members elected diftv-four votes). 8^ (general file, two-lliirds of the iiiemi)ers elected ditty lour v(.les) or unanimous consent of memliei-s jires.'nt neeessary to eliange tli<' ordi'r of business on file. 124 LEGISLATIVE MANUAL AND FORM BOOK, 9. Governor's veto, to pass a bill over, two-thirds of the members elected (fifty-four votes). 10. Previous question, majority vote, and not debatable. 11. Reconsideration on l)ills and resolutions, a majority of the mem- bers elected (forty-one votes), two-thirds of the members elected (fifty- four votes) on constitutional amendments. 12. Resolutions other than above, majority vote. 13. Standing- rule, may be temporarily suspended by two-thirds of the members elected (fifty-four votes). 14. Suspend Constitution, case of urgency, two-thirds of the mem- bers elected (fifty-four votes). 15. To re-refer a bill from one committee to another, unanimous consent, or majority vote. 16. T'rgency clause and urgency bills, for the preservation of public peace, health or safety, two-thirds of the members elected (fifty-four votes to pass). 17. Visiting institutions, or other expenses, two-thirds of the mem- bers elected (fifty-four votes). SEC. 3331/2. LIEUTENANT GOVERNOR TO HAVE CASTING VOTE. The Lieutenant Governor * * * shall be President of the Senate, but shall only have a casting vote therein. {Consfifution, art. Y. sec. 15.) SEC. 334. ELECTIONS BY LEGISLATURE TO BE VIVA VOCE. In all elections by the legislature the members thereof shall vote riva voce, and the votes shall be entered in the Journal. (Constitution, art. IV, sec. 28.) SEC. 335. AYES AND NOES— MEMBERS MUST ANSWER— NO VOTE AFTER ANNOUNCEMENT OF VOTE. When the ayes and noes shall be called for by three members present, every member within the bar of the Senate at the time the question was put shall declare openly, and without debate, assent or dissent to the question. In taking the ayes and noes, and upon the call of the Senate, the names of the Senators shall be taken alphabetically. When the ayes and noes shall be taken upon any ciuestion in pursuance of this rule, no Senator shall be permitted, under any circumstances whatever, to vote after the announcement of the vote bv the presiding officer. {Senate Rule No. 58,) LEGISLATIVE MANUAL AND FORM BOOK. 125 SEC. 336. EXCUSE FROM VOTING. When a Senator declines to vote on a call of his name he shall be required to assign his reasons therefor, and having assigned them, the presiding officer shall submit the question to the Senate: ''Shall the Senator, for the reasons assigned by him, be excused from voting?" which shall be decided without debate. And these proceedings shall be had after the roll call and before the result is announced, and any further proceedings in reference thereto shall be after such announce- ment. {Scnafe Rule No. 20.) SEC 337 ELECTION BY HOUSE. In all cases of election by the House, the vote shall l)e taken vivd voce. (Assemhhj Rule Xo. 59.) SEC 338 CALLING AYES AND NOES. The ayes and noes shall be taken on the final passage of all bills, and when called for by three members on other questions, and every member within the bar of the House, Avhen his name is called, shall (unless for special reasons he be excused) declare openly, and without debate, his vote. In taking the ayes and noes, and upon call of the house, the names of the members shall be taken alphabetically, and the Clerk shall enter on the Journal the names of those demanding the ayes and noes. [Assemhhj Rule Xo. 60.) SEC 339 MEMBERS AT CLERK'S DESK. No member or other person shall remain by the Clerk's table while the ayes and noes are being called, or while the votes are being counted. (Assembly Rule Xo. 61.) SEC. 340. VOTING ON QUESTION WHEN INTERESTED. No person shall vole on any (jueslion in I he result of which he is personally interested or involved. (Assembhf Rule No. 62.) DIVISION AND COUNT OF HOUSE. Upon a division and count of tlie house on any (|ueslion. no person withotit the bar shall be counted. iAssrmhh/ h'uir Xo. (V.i.) SEC 342 EXPLAINING OR CHANGING VOTE. No member shall be allowed to explain liis vole or dis.Miss the (picH- tion while the ayes or noes are beint: called, an('iiil)lyiiien ineligible to certain ofHces. (Constitution.) .Sec. S-IO. Federal officcr.s ineligible to state office — Exceptions. (Constitution.) Sec. 3r>1. Embezzler of public funds ineligible to office. (Constitution.) Sec. 3r>2. Election of member.^ of Assembly. (Constitution.) Sec. 353. Election of Assenii)lymen. (Political Code.) Sec. 354. Term of Senators — Qualifications of members of Legislature. (Consti- tution. ) Sec. 3.5."). Election of Senati>i-s. (Political Code.) Sec. 35(). Xumbei' of Senators and Assemblymen. (Constitution.) Sec. 357. Senatorial and Assembly districts. (Constitution.) Sec. 35S. Transmis.sion and publication of election returns. (Constitution.) Sec. 359. Change of precinct boundaries. (Political Code.) Sec. 3(;0. Furnishing money for elections except for specific purposes. (Penal Code. ) Sec. 3(51. T'ulawful offers to i)rocure offices for electors. (Penal Code.) Sec. 3(i2. Soliciting or demanding that a candidate vote for or against any measure or bill. (Penal Code.) Sec. 303. Communicating such offer. (Penal Code.) Sec. 3G4. Bribing or offering to bribe members of legislative caucuses, etc. (Penal Code.) T'ART II. Contested Elections. .1. Of Menihers of the Legislature. Sec. ."'(ri. Who may contest. (Political Code.) Sec. 30t>. Statement of cause of contesting election. (Political Code.) Sec. 3(>7. Coinmission to .take testimony. (Political Code.) Sec. 368. Notice to person interested, by whom served. (Political Code.) Sec. 3(^9. Compelling attendance of witnesses. (Political Code.) Sec. 370. Testimony, how taken. (Political Code.) Sec. 371. Vacancy in commission, how filled. (Political Code.) Sec. 372. Fees of officers. (Political Code.) Sec. 373. Testimony to be transmitted to Secretary of State — Dutie.s of Secretary. (Political Code.) Sec. 374. Depositions in election contests. (Political Code.) Sec. 375. Further evidence may be taken. (Political Code.) B. Of (iorernor or Lieutenant Governor. Sec. 37t;. Who may contest. (Political Code.) Sec. 377. (irounds of contest to be stated in petition. (Political Code.) Sec. 378. Notice to respondent. (Political Code.) Sec. 379. Notice to the houses. (Political Code.) Sec. 380. Trial committee, how chosen. (Political Code.) Sec. 381. Notice of choice. (Political Code.) Sec. 382. Powers of committee. (Political Code.) Sec. 383. Judgment of Committee. (Political Code.) Part III. Resignations. Sec. 384. Resignations, to whom made. (Political Code.) Sec. 385. Vacancies, how they occur. (Political Code.) Sec. 3SG. Notice of removal, by and to whom given. (Political Code.") LEGISLATIVE MANUAL AND FORM BOOK. 129 Sec. 3ST. Vacancies occurriug during recess of the Legislature. (Political Code.) Sec. 3SS. Vacancies in Legislature, how filled. (Political Code.) Sec. 389. Vacancies, how filled when not otherwise provided for. (Political Code.) Part. IV. Impeaciimext. 1?ec. 3{;iO. Impeachment. (Constitution.) Sec. 391. Who may be impeached — Other officers. (Constitution.) Sec. 392. The several courts of this State. (Code of Civil Procedure, i Sec. 3513. Courts of record. (Code of Civil Procedure.) Sec. 394. Members of the court. (Code of Civil I'rocedure.) Sec. 39.">. Jurisdiction. (Code of Civil Procedure.) Sec. ;:^H.>. Ofiicers of the court. (Code of Civil Procedure.) Sec. 397. Trial of impeachments provided for in Penal Code. (Code of Civil Procedure.) Sec. 398. Proceedings to impeach or remove officers and others preser\ed. (Penal Code. ) Sec. 399. Officers liable to impeachment. (Penal Code.) Sec. 4(M>. Articles, how prepared — Trial by Senate. (Penal Code.) -Sec. 401. Delivery of articles of impeachment. (Penal Code.) Sec. 402. Time of hearing, service on defendant. (Penal Code.) See. 403. Service in impeachment, how made. (Penal Code.) Sec. 404. Proceedings on failure to appear in impeachment. (Penal Code.) Set-. 40.J. Defendant, after appearance, may answer or demur. (Penal Code.) Sec. 4(M). If demurrer is overruled, defendant must answer. (Penal Code.) Sec. 407. Senate to be sworn. (Penal Code.) Sec. 408. Two-thirds necessary to a conviction. (Penal Code.) Sec. 409. Judgment on conviction, how pronounced. (Penal Code.) Sec. 410. Judgment on conviction, when final. (Penal Code.) Sec. 411. Nature of the judgment. (Penal Code.) Sec. 412. Effect of judgment of suspension. (Penal Code.) Sec. 413. Officer, when impeached, disqualified until acquitted — Governor to tem- porarily fill vacancy. (Penal Code.) See. 414. Presiding officer when Lieutenant Governor is impeached. (Penal Code.) Sec. 41"). Impeachment not a bar to indictment. (Penal Code.) Part V. Witxesse-s. Sec. 410. Subpunas. (Political Code.) Sec. 417. Service of suliiKi'na. f Political Code.) Sec. 418. Failure of witne.-s to appear, contempt. (Political Code.) Sec. 419. Warrant of arrest. (Political Code.) Sec. 420. Witnes.ses not to be hold to answer criminally. Uefusal lo testify. (Political Code.) See. 421. Witnes-ses refusing to attend, testify, or i)roduce papers before the Legis- lature or committees thereof. (Penal Code.) Sec. 422. Fees for witness-es. (Assembly rule.) PART I. HLKrTIO.XS. SEC. 349. SENATORS ANO ASSEMBLYMEN INELIGIBLE TO CERTAIN OFFICES. Xo SciiJitor (»!• iiM'iiilicf ftf As.sciiibly .sliiill. dniiiit; lln- ti-nii for wliicli he .slifill have liffii elected. l)e fii)i)()ifite(l to any civil ofllice of i-inilit tindef thi.s State wliicli shall have l)een created, or the emolmneiil.s of which havp })pf'n increa.sed, duriiiff siicli term, except .such offices as may he tilled by election hy tlie peo|)]e. ( ('(nisUhdiaii, arl. I \' , ^'' 1 '^ ^ 9—16821 130 LEGISLATIVE MANUAL AND FORM BOOK. SEC. 350. FEDERAL OFFICERS INELIGIBLE TO STATE OFFICE— EXCEPTIONS. No person liolding any lucrative office under the United States, or any other power, shall be eligible to any civil office of profit under this State; provided, that officers in the militia who receive no annual salary, local officers, or postmasters w^iose compensation does not exceed five hundred dollars per annum, shall not be deemed to hold lucrative offices. {Constitution, art. IV, sec. 20.) SEC. 351. EMBEZZLER OF PUBLIC FUNDS INELIGIBLE TO OFFICE. No person convicted of the embezzlement or defalcation of the public funds of the United States, or of any state, or of any county or munici- pality therein, shall ever be eligible to any office of honor, trust, or profit under this State, and the Legislature shall provide, by law, for the punishment of embezzlement or defalcation as a felony. (Constitution, art. IV, sec. 21.) SEC. 352. ELECTION OF MEMBERS OF ASSEMBLY. ^Members of the Assembly shall be elected in the year eighteen hun- dred and seventy-nine, at the time and in the manner now provided by law. The second election of members of the Assembly, after the adop- tion of this Constitution, shall be on the first Tuesday after the first Monday in November, eighteen hundred and eighty. Thereafter mem- bers of the Assembly shall be chosen biennially, and their term of office shall be two years ; and each election shall be on the first Tuesday after the first Monday in November, unless otherwise ordered by the Legis- lature. (Constitution, art. IV, sec. 3.) SEC. 353. ELECTION OF ASSEMBLYMEN. At the general election in the year nineteen hundred and eight and everj^ two years thereafter, a member of the Assembly shall be elected in each of the Assembly districts constituted by section ninety of this code. (Political Code, sec. 228.) SEC. 354. TERM OF SENATORS— QUALIFICATIONS OF MEMBERS OF LEGISLATURE. Senators shall be chosen for the term of four years, at the same time and places as members of the Assembly, and no person shall be a member of the Senate or Assembly who has not been a citizen and inhabitant of the State three years, and of the district for which he shall be chosen one year, next before his election. (Constitution, art. IV, sec. 4.) LEGISLATIVE MANUAL AND FORM BOOK. 131 SEC. 355. ELECTION OF SENATORS. At the general election in the year nineteen hundred and eight, and every four years thereafter, a Senator shall be elected in each odd- numbered senatorial district constituted in section seventy-eight of this code. At the general election in the year nineteen hundred and ten. and every four years thereafter, a Senator shall be elected in each even-numbered district constituted in section seventv-eight of this code. {Political Code, sec. 227.) SEC. 356. NUMBER OF SENATORS AND ASSEMBLYMEN. The Senate shall consist of forty members, and the Assembly of eighty members, to be elected by districts, numbered as hereinafter provided. The seats of the twenty Senators elected in the year eighteen hundred and eighty-two from the odd-numbered districts shall be vacated at the expiration of the second year, so that one-half of the Senators shall be elected every two years; provided, that all the Senators elected at the first election under this Constitution shall hold office for the term of three years. (Constitution, art. IV. sec. 5.) SEC. 357. SENATORIAL AND ASSEMBLY DISTRICTS. For the purpose of choosing members of the Legislature, the State shall be divided into forty senatorial and eighty assend)Iy districts, as nearly equal in population as may be. and composed of contigr.ous territory, to be called senatorial and assembly, districts. Each sen- atorial district .shall choose one Senator, and each as.sembly district shall chocse one meml)er of Assembly. The senatorial districts shall be numbered from one to forty, inclusive, in numerical order, and the a.ssembly districts shall be inunbered from one to eighty in tlu' .same order, commencing at tiie northern boundai-y of the Sfjite and ending at the southern ))Oundarv thereof. In th«» formation of such districts, no county, or city and county, shall be divided, unless it contains suffi- cient population within itself to form two or more districts, nor shall a part of any county, or of any city and county, be united with any other county, or city and county, in forming any district. The census taken under the direction of the Congi-ess of the Tnited States in the year one thousand eiglit hundivd and cicrhty. and eveiy ten years tliei'e- after. shall be the basis of fixing and adjusting tlie legislative districts: and the TiCgislatui'e shall, at its first session after ea"li census, adiust sucli districts and reai>i)orlion the representation so as to ])!"eserve them as near eoual in population as may be. lint in making such adjust ni'-nt no per.sons who are not eligible to become citizens of the Tnited Stales, under tlie naturalization laws, shall 1)e counted as forming a part of the r»or)ul;)tieii of jin\- district. Tntil sucii districtinLT as licrcin dco- vidr-d for shall be made. Senators ami .Assemblymen shall be elected by the districts according to the apj)ort ioniiicnt now provided for by law. (Coiisliliifi'iii, (III. JV, fid-. G.) 132 LEGISLATIVE MANUAL AND FORM BOOK. SEC. 358. TRANSMISSION AND PUBLICATION OF ELECTION RETURNS. The returns of every flection for Governor shall he sealed up and transmitted to the seat of government, directed to the Speaker of the Assemhly. who shall, during the first week of the session, open and publish them in the presence of both houses of the Legislature. The person having the highest number of votes shall be Governor; but in case any two or more have an equal and the highest number of votes, the Legislature shall, by joint votes of both houses, choose one of such persons so having an equal and the highest number of votes for Gov- ernor. {Constitution, art. V, sec. 4.) SEC. 359 CHANGE OF PRECINCT BOUNDARIES. Neither boards of supervisors, municipal officers, nor any other officer or officers, shall have the power to alter the boundaries of any township, ward, election precinct, or other local subdivision, of any county, city and county, city, or town, so as to change the boundaries of any sen- atorial or assemblv district as constituted and defined in chapter II of title I of part II of this code. (Political Code, sec. 229.) SEC. 350. FURNISHING MONEY FOR ELECTIONS EXCEPT FOR SPECIFIC PURPOSES. Every person who. with intent to promote the election of himself or any other person, either — - 1. Furnishes entertainment at his expense to any meeting of electors previous to or during an election: 2. Pays for, procures, or engages to pay for any such entertainment ; 3. Furnishes or engages to -pay or deliver any money or property for the purpose of procuring the attendance of voters at the polls, or for the purpose of compensating any person for procuring attendance of voters at the polls, except for the conveyance of voters who are sick or infirm ; 4. Furnishes or engages to pay or deliver any money or property for am^ purpose intended to promote the election of any candidate, except for the expenses of holding and conducting public meetings for the discussion of public questions and of printing and circulating ballots, handbills, and other papers previous to such election, is guilty of a mis- demeanor. (Penal Code, sec. 54.) SEC. 361. UNLAWFUL OFFERS TO PROCURE OFFICES FOR ELECTORS. Every person who, being a candidate at any election, offers or agrees to appoint or procure the appointment of any particular person to office, as an inducement or consideration to any person to vote for, or procure or aid in procuring the election of such candidate, is guilty of a mis- demeanor. '(Penal Code, sec. 55.) LEGISLATIVE MANUAL AND FORM BOOK. 133 SEC. 362. SOLICITING OR DEMANDING THAT A CANDIDATE VOTE FOR OR AGAINST ANY MEASURE OR BILL. Any person, either individually or as an officer or member of any committee or association, who solicits or demands of any candidate for the Legislature, supervisor, school director, or for any legislative body, that he shall vote for or against any particular bill or measure which may come before such body to which he may be elected, and any candi- date for any of such offices who signs or gives any pledge that he will vote for or against any particular bill or measure that may be brought before such body, is guilty of a misdemeanor; and any candidate con- victed under the provisions of this section is. in addition, disqualitied from holding the office to which he may have been elected. The pro- visions of this section do not apply to any pledge or promise that any such candidate may give to a convention by which he may be nominated for any such office, or to those who sign a certificate for his nomination. {Penal Code. sec. o5a.) SEC. 363. COMMUNICATING SUCH OFFER. Every person, not being a candidate, who communicates any offer, made in violation of the last section, to any person, with intent to induce him to vote for or procure or aid in procuring the election of the candi- date making the otter, is guilty of a misdemeanor. (Penal Codt. sec. 56.) SEC. 364. BRIBING OR OFFERING TO BRIBE MEMBERS OF LEGISLATIVE CAUCUSES. ETC. Every person who gives or offers a bribe to any officer or member of any legislative caucus, political convention, committee, primary elec- tion, or political gathering of any kind, held for the purpose of nominat- ing candidates for offices of honor, trust, or profit, in this State, witli intent to influence the person to whom such bribe is given or offered to be more favorable to one candidate than another, and every person, member of either of tiie bodies of this .section mentioned, who receives or offers to receive any .such bribe, is punishable by imprisonment in the state prison not less than one nor wun'r tliaii si-Vfn yi'jiiN. [Penal Codt, sec. 57.) PART II. CO.XTHSTKI) KIJ-K 'TK »NS. A. Of Members of the Legislature, SEC. 365. WHO MAY CONTEST. Tlie right of any person declared clfcli'd to a seat in the Senate or Assembly may be contested by any (|ualifie(l voter of the eonnty or dis- trict to l)e represented hv such Sen.ifor up .\sseniblyiiinn. ( I'nliticdl Code, s<'C. 273. ) 134 LEGISLATIVE MANUAL AND FORM BOOK. SEC. 36S. STATEMENT OF CAUSE OF CONTESTING ELECTION. The person contesting such election must, within twenty days after the certificate of election is issued, file with the clerk of the county, or one of the counties in which the alleged cause of contest originated, a statement of the grounds of contest, verified by his oath. (Political Code, sec. 274.) SEC. 367. COMIVIISSION TO TAKE TESTIMONY. On the filing of such statement the clerk must issue a commission, directed to two justices of the peace of his county, to meet at a time and place specified in the commission, not less than twenty nor more than thirty days from the date thereof, for the purpose of taking the depositions of such witnesses as the parties to the contest may wish to examine. {Political Code, sec. 275.) SEC. 368. NOTICE TO PERSON INTERESTED, BY WHOM SERVED. Written notice of such contest, specifying the time and place of tak- ing depositions, and a copy of the statement, certified by the Clerk, must be delivered to the person whose election is contested, or if he can not be foimd, left at the house where he last resided, by the sheriff of the county in which such person claims his residence, within ten days after such statement is filed. {Political Code, sec. 276.) SEC. 369. COMPELLING ATTENDANCE OF WITNESSES. Either of the justices of the peace have power to issue subpoenas for witnesses, at the request of either party, to be served by the sheriff as other subpcBuas; and such justices, when met at the time and place appointed to take such depositions, have the same power to issue attach- ments and assess fines against witnesses as is given to justices of the peace in the trials of civil actions. {Political Code, sec. 277.) ®^^- ^^°' TESTIMONY, HOW TAKEN. The justices must meet at the time and place appointed, and take the depositions of witnesses produced by the parties, and may continue the examination from day to day, if necessary. When the examination is closed, they must seal up the depositions taken before them, together with tiie commission, and transmit the same by mail or express to the clerk with whom the statement Avas filed. (Political Code, sec. 278.) SEC. 371. VACANCY IN COMMISSION, HOW FILLED. If at any time either of the justices is unable to proceed in such examination the clerk may supply the vacancy by designating any other justice of the peace of the county. (Political Code, sec. 279.) LEGISLATIVE MANUAL AND FORM BOOK. 135 SEC 372 FEES OF OFFICERS. Officers performing services in a contested election case may charge and collect from the party at whose instance such services were per- formed the same fees as are allowed them for similar services in civil cases. {Political Code, sec. 280.) SEC. 373. TESTIMONY TO BE TRANSMITTED TO SECRETARY OF STATE. DUTIES OF SECRETARY. The clerk must seal np the depositions, tlie original statement, the copy of the notice served upon the party whose right is contested, and the commission issued to the justices of the peace, and transmit the same by mail to the Secretary of State, indorsing thereon the names of the contesting parties and the branch of the Legislature before which such contest is to be tried. The Secretary of State must deliver the same, unopened, to the presiding officer of the House in Avhich such contest is to be tried, on or before the second day of the session of the Legislature next after taking such depositions, and such presiding officer must innnediately give notice to the House that such papers are in his possession. {Political Code, sec. 281.) SEC 374 DEPOSITIONS IN ELECTION CONTESTS. At any time after notice of contest has been given, and before the trial thereof before the proper branch of the Legislature, either party may take depositions, to be read on the trial, in like manner and under the same rules as are allowed and required in the cases of depositions to be read on the trial of civil actions; and such depositions, when taken, must be sealed up by the officer taking the .same, and directed to tlie Secretary of State, who must keep the same, unopened, and delivi-r them to the presiding officer of the House in whicb tlie contest is to be tried. (Political Code, sec. 282.) SEC. 375. FURTHER EVIDENCE MAY BE TAKEN. The House lu-fon- which Ihc contest is pending may lake such other evidence in the ease as it deems inatei-ial. {I'nlHiad ('oih , sic. 28;J.) B. Of Governor or Lieutenant Governor. SEC. 376. _ WHO MAY CONTEST. Any elector of the State may contest thi' eh-clion of any person declared elected Governor or Lieulenant-(iovernor oi" the Slate of Cali- fornia. (PolillraJ Code, see. 288.) 136 LEGISLATIVE MANUAL AND FORM BOOK. SEC. 377. GROUNDS OF CONTEST TO BE STATED IN PETITION. Such elector may, within twenty days after the declaration of the result of the election, deliver to the presiding officer of each House of the Legislature a verified specification of the grounds of contest. {Political Code, sec. 289.) C p" f^ oyo NOTICE TO RESPONDENT. As soon as the presiding officers have received the specifications they must make out a notice, in writing, directed to the person whose election is contested, and deliver the same to a sergeant-at-arms, who must serve such notice at once on the person therein named. {Political Code, sec. 290.) C p" (^ O'TQ NOTICE TO THE HOUSES. The presiding officers must also immediately give notice to their respective houses that such specifications have been received. {PoUfical Code, sec. 291.) O p" f^ QOrt TRIAL COMMITTEE, HOW CHOSEN. Each House must at once choose seven members of its own body, in the following manner : 1. The names of the members, except the Speaker of the Assembly. written on similar paper tickets, must be placed in a box: 2. The Secretary of the Senate, in the presence of the Senate, and the Clerk of the Assembly, in the presence of the House, must draw from their respective boxes the names of seven members of each. {Political Code, sec. 292.) SEC 381 NOTICE OF CHOICE. As soon as the names are drawn, notice of the names of meniliers drawn in one House must be given to the other, and the names of the fourteen members drawn must be entered on the Journals of. each House. {Political Code; sec. 293.) C C" ^ OQO POWERS OF COMMITTEE. The members thus selected constitute a committee to try such con- tested election, and for that purpose must hold their meetings publicly at the seat of government at such time and place as they may designate, and may adjourn from day to day or to a day certain, until such trial is determined. They have power to send for persons and papers, and to take all necessary means to procure testimony, extending like privi- LEGISLATIVE MANUAL AND FORM BOOK. 137 leges to each party to the contest. They must report their judgment in the premises to both Houses of the Legishature, which report must be entered npon the Journals. {Folilicdl ('"(]>, stc. 294.) SEC 383 JUDGMENT OF COMMITTEE. The judgment of the committee thus reported is tinal and eoiu-hisive. (Political Code, sec. 295.) PART III. RESIGNATIONS. SEC. 384. RESIGNATIONS, TO WHOM MADE. Resignations must be in writing, and made as follows : 1. By the Governor and Lieutenant-Governor, to the Legislature, if it is in session ; and if not, then to the Secretary of State ; 2. By all officers commissioned by the Governor, to the Goyernoi': .3. ]5y Senators and members of the Assembly, to the presiding officers of their respective Houses, who must immediately transmit the same to the Governor; •4. By all county and township officers not commissioned l)y the Governor, to the Clerk of the Board of Supervisoi-s of their respeetive counties : 5. By all other appointed officers, to the body or officer that appointed them ; 6. In all cases not otherwise provided for. by tiling the resmnntiou in tiie office of the Secretary of State. {PoUfiral Code, sec. 995, ) SEC. 385. VACANCIES. HOW THEY OCCUR. An office becomes vacant on tiie haj)penin^;- of either of tlie t'olhtwinir events before the expiration of the term : 1. The death of the incumbent ; 2. His insanity, found upon a comfiii.ssion of lunacy issued to deiei-- mine the fact; 3. His resignation ; 4. His removal from office; 5. His ceasing to be an inhabitant of the State, oi'. if llie ofliee be local, of the di.strict, county, city, or township for whirh lie was eho.sen or appointed, or within which Ihe duties (»f his ofliee are retjuired to be discharged : 6. His absence from the State witlioiit pei-missidu of tlie Lr-:i.;|;iiiif.' beyond the period allowed by law : . . . 7. His ceasing to discJiarLre the duties of liis ofliee for tiie period ol three consecutive months, except when ])reven1ed by sickness, or wlien absent from the State by permission of the Legishitiire : 8. Hi'! conviction of ;i felony, or of any olTi-nse involving ii viol.ilion of his official duties; 9. His refusal or nc/lccl to file his oflici;il o;ith or bond within th^ time prescribed ; .... 10. The decision of a com|)etciit trihun;il drdjirin^r void his .•hction or ay)pointment. (I'olih'ral Codr, si ,-. fllMI. i 138 LEGISLATIVE MAXUAL AND FORM BOOK, SEC. 386. NOTICE OF REMOVAL, BY AND TO WHOM GIVEN. Whenever au officer is removed, declared insane, or convicted of a felony or offense involving- a violation of his official duty, or whenever his election or appointment is declared void, the body, judge, or officer before whom the proceedings were had must ^ve notice thereof to the officer empowered to fill the vacancy. (Political Code, sec. 997.) SEC. 387. VACANCIES OCCURRING DURING RECESS OF THE LEGISLATURE. Whenever an office, the appointment to which is vested in the Gov- ernor and Senate, or in the Legislature, either becomes vacant or the term of the incumbent of which expires during the recess of the Legis- lature, the Governor has power to appoint a person to such office ; but the person so appointed can only hold the office until the adjournment of the next session of the Legislature. {Political Code, sec. 1000.) SEC 388 VACANCIES IN LEGISLATURE, HOW FILLED. Whenever a vacancy occurs in either House of the Legislature the Governor must at once issue a writ of election to fill such vacancy. {Political Code, sec. 998.) SEC. 389. VACANCIES, HOW FILLED WHEN NOT OTHERWISE PROVIDED FOR. When any office becomes vacant, and no mode is provided by law for filling such" vacancy, the Governor must fill such vacancy by granting a commission, to expire at the end of the next session of the Legislature or at the next election by the people. {Political Code, sec. 999.) PART IV. IMPEACHMENT. ^ EC 390 IMPEACHMENT. The Assembly shall have the sole power of impeachment, and all impeachments shall be tried by the Senate. When sitting for that purpose, the Senators shall be upon oath or affirmation, and no person shall be convicted without the concurrence of two-thirds of the members elected. {Constitution, art. IV, sec. 17.) SEC 391. WHO MAY BE IMPEACHED— OTH ER OFFICERS. The Governor, Lieutenant Governor. Secretary of State, Controller, Treasurer, Attorney General, Surveyor General, Chief Justice and Associate Justices of the Supreme Court, Judges of the District Court of Appeal, and Judges of the Superior Courts, shall be liable to impeach- ment for any misdemeanor in office ; but judgment in such cases shall LEGISLATIVE MANUAL AND FORM BOOK. 139 extend only to removal from olfice, and disqualification to hold any ofifice of honor, trust, or profit under the State ; but the party convicted or acquitted shall nevertheless be liable to indictment, trial and punish- ment according to law. All other civil otficers shall be tried for misde- meanor in office in such manner as the Legislature may provide. iCon- stitufion, art. IV, sec. 18.) SEC. 392. THE SEVERAL COURTS OF THIS STATE. The following are the courts of justice of tliis State : 1. The Court of Impeachment: 2. The Supreme Court: 3. The Superior Court: 4. The Justices' Court: 5. The Police Courts, and such other inferior courts as the Legisla- ture may estal)lish in any incorporated city or town, or city and county. (6. District Courts of Appeal are provided for by constitutional amendment of 1904.) (Code of Civil Procedure, sec. 33.) X. B. — The above section is the substance of sec. 1 of art. VI of the Constitution. SEC. 393. COURTS OF RECORD. The courts enumerated in the first three subdivisions of the last pre- ceding section are courts of record. (Code of Civil Procedure, sec. 34.) SEC 394 MEMBERS OF THE COURT. The court of iiiipcaclHiieut is the Senate; when sittinu' as sueh court the Senators shall be upon oath : and at least two-thirds of the members elected shall be necessary to constitute a (juorum. (Code of Civil Pro- cedure, sec. 36.) SEC. 395. JURISDICTION. The court has jurisdiction to try iuq)eaehnients, when presented by the Assembly, of the (xovernor. Lieutenant (Jovernor, Secretary of Stute. ControHer. Treasurer, Attorney (Jenei'al. Surveyor (Jeneral, Chief Justice of the Supreme Court. Associate Justiees of the Supreme CouT-t. and Judges of the Superior Courts, for any misdenieaiioi- in office. (Code of Civil Procedure, srr. 37.') SEC 396 OFFICERS OF THE COURT. The officers of the Senat<' ar<- the .»nierrs of the .•(.urt. 'Cud, of Civil Procedure, sec. 38.) 140 LEGISLATIVE MANUAL AXD FORM BOOK. SEC. 397. TRIAL OF IMPEACHMENTS PROVIDED FOR IN PENAL CODE. Proceedings on the trial of impeachments are provided by the Penal Code. (Code of Civil Procedure, sec. 39.) SEC 398. PROCEEDINGS TO IMPEACH OR REMOVE OFFICERS AND OTHERS PRESERVED. The omission to specify or affirm in this code any ground of forfeiture of a public office, or other trust or special authority conferred by law, or any power conferred by law to impeach, remove, depose, or suspend any public officer or other person holding any trust, appointment, or other special authority conferred by law. does not affect such forfeiture or power, or any proceeding authorized by law to carry into effect such impeachment, removal, deposition, or suspension. {Penal Code, sec. 10.) SEC 3°9 OFFICERS LIABLE TO IMPEACHMENT. The Governor, Lieutenant Governor, Secretary of State, Controller, Treasurer. Attorney General. Surveyor General, Chief Justice. Asso- ciate Justices of the Supreme Court, and Judges of the Superior Courts, are liable to impeachment for any misdemeanor in office. {Penal Code, sec. 737.) SEC. 4C0. ARTICLES, HOW PREPARED. TRIAL BY SENATE. All impeachments must be by resolution adopted, originated in, and conducted by the managers elected by the Assembly, who must prepare articles of impeachment, present them at the bar of the Senate, and prosecute the same. The trial must be had before the Senate, sitting as a court of impeachment. (Penal Code, sec. 738.) SEC 401 DELIVERY OF ARTICLES OF IMPEACHMENT. When an officer is impeached by the Assembly for a misdemeanor in office, the articles of impeachment must be delivered to the President of the Senate. {Penal Code, sec. 739.) SEC. 402. TIME OF HEARING. SERVICE ON DEFENDANT. The Senate must assign a day for the hearing of tlie impeachment and inform the Assembly thereof. The President of the Senate must cause a copy of the articles of impeachment, with a notice to appear and answer the same at the time and place appointed, to be served on the defendant not less than ten days before the day tixed for the hearing. {Penal Code, sec. 740.) LEGISLATIVE MANUAL AND FORM BOOK. 141 SEC. 403. SERVICE IN IMPEACHMENT. HOW MADE. The service must be made upon the defendant personalh'. or if he can not. upon diligent inquiry, he found within tlie State, the Senate, upon proof of that fact, may order puhlieation to be made, in such manner as it may deem proper, of a notice re(|uiring him to appear at a specified time and place and answer tlie articles of impeachment. (Penal Code, sec. 741.) SEC. 404. PROCEEDINGS ON FAILURE TO APPEAR IN IMPEACHMENT. If the defendant does not appear, the Senate, upon proof of service or publication, as provided in the two last sections, nuiy, of its own motion or for cause shown, assign another day for hearing the impeach- ment, or may proceed, in the absence of the defendant, to trial and judgment. {Penal Code, sec. 742.) SEC. 405. DEFENDANT, AFTER APPEARANCE, MAY ANSWER OR DEMUR. AVhen the defendant appears, lie may in writing object to the suffi- ciency of the articles of impeachment, or he may answer the same by an oral plea of not guilty, wliich plea must ])e entered upon the .Journal, and puts in is.sue every material allegation of the articles of impeach- ment. iPcual Codo. ftfc. 743.) SEC. 406. IF DEMURRER IS OVERRULED, DEFENDANT MUST ANSWER. If the objection to the sufficiency of the articles of im])eachiiieiit is not su.stained by a majority of the members of the Senate who heard the argument, the defendant inust be ordered forthwith to answer the articles of impeachment, if he then pleads guilty, or refuses to ])b'ad. the Senate must render judgment of conviction against him. if he plead not guilty, the Senate must, at such time as it may appoint. i)ro ceed to try the impeachmcnl. i P( iial Code, sec. 744.) SEC. 407. SENATE TO BE SWORN. At the linii' and ])\iu-f api)ointrd. and brlon' M lir Scnati- i>i-o<-t'<'ds to act on the iinix-aclinicnt. tiie Sccivtai-y nnist achninistcr to tlit- I'lvsi- dent of tlic Senate, and the l*resi(h'nl of the Senate to each of the nn-m- bers of tlie Senate tiien present, an oath ti-uly and impartially to hear, try. and determine tlie inij)eaehnient ; and no member of the Senate ean act or vote upon the imi>eaehment. or upon any (|neslioii arising llioii reasoiiaI)le notice any material and i)roper ])ooks, papers or doeuiiieiits in his possession or under his control, the Senate. Assembly or any (Munmillee thereof may l)y resolution entered on the .jo\irnal ef the Seii.-ite or As.senil»Iy. or niiinites of the conunittee. as the ca.se may he. commit liini for contenqd ; provided, Jiouuvn-, that if any such contempt l)e committed before such committee during the session of the Legislature, .such connnitlee shall report the conteinpt to the Senate or A.ssenil)ly. as the case may he. for such action as may Ix- deenuvj necessary hy the Senate or Asseinhly. (Poldiral Cndr. sn . .'.(I'i.) 144 LEGISLATIVE MANUAL AND FORM BOOK. WARRANT OF ARREST. Any -witness neglecting or refusing to attend in obedience to sul)- poena'may be arrested by the Sergeant-at-Arms and brought before the Senate, Assembly or committee thereof, as the case may be. The only warrant or, authority necessary authorizing such arrest, is a copy of a resolution of the Senate, the Assembly or committee signed by the President of the Senate, Speaker of the Assembly or chairman of the committee, as the case may be, and countersigned by the Secretary of the Senate, the Clerk of the Assembly or a majority of the members of auA' such committee, as the case may be. {Political Code, sec. 303.) SEC. 420. WITNESSES NOT TO BE HELD TO ANSWER CRIMINALLY. REFUSAL TO TESTIFY. No person sworn and examined before either, house of the legis- lature, or any committee thereof, can be held to answer criminally or be subject to any penalty or forfeiture for any fact or act touching which he is required to testify; nor is any statement made or paper produced by any such witness competent evidence in any criminal pro- ceeding against such witness ; nor can such witness refuse to testify to any fact or to produce any paper touching which he is examined, for the reason that his testimony or the production of such paper may tend to disgrace him or render him infamous. Nothing in this section exempts any witness from prosecution and punishment for perjury committed iDy him on such examination. (Political Code, sec. 304.) SEC. 421. WITNESSES REFUSING TO ATTEND, TESTIFY, OR PRODUCE PAPERS BEFORE THE LEGISLATURE OR COMMITTEES THEREOF. Every person who, being summoned to attend as witness before either house of the Leaislature or any committee thereof, refuses or neglects, without lawful excuse. (1) to attend pursuant to such sum- mons : and every person who, being present before either house of the Legislature or any committee thereof, wilfully (2) refuses to be sworn or to answer any material and proper question, or (3) to produce, upon reasonable notice, any material and proper books, papers, or documents in his possession or under his control, is guilty of a mis- demeanor. {Penal Code, sec. 87.) SEC. 422. FEES FOR WITNESSES. Witnesses summoned to appear before the House or any of its committees shall be paid as follows : For each day a witness shall attend, the sum of three dollars ; for each mile he shall travel in coming to and going from the place of examination, the sum of ten cents. No mileage shall be paid except where the witness has actually traveled for the purpose of giving testimony. (Assemhhj Bide No. 72.) LEGISLATIVE MANUAL AND FORM BOOK. 145 CHAPTER IX. MISCELLANEOUS. Chapter Contents. Part I. The Governor. Sec. 423. Mcssasros to LesLsIaturo. (Constitutiou.) Sec. 424. When to adjourn Lesislature. (Constitution.) Sec. 425. When to convene .special session.s. (Constitution.) Sec. 420. Approval and return of bills — Passage over veto. (Constitution.) Sec. 427. Rills received by the Governor must be indorsed by his Private Secretary. (Political Code.) Sec. 42.S. Approval of bill.s. (Political Code.) Sec. 420. Bills reUu'ned without approval. (Political Code.) Sec. 430. Return, when house not in session. (Political Code.) Sec. 431. Bills remaining with the Governor more than ten days. (Political Code.) Sec. 432. Nominations to Senate must be in writing. (Political Code.) Sec. 433. Power of the Governor to grant reprieves, commutations, and pardons. (Penal Code.) Sec. 434. Governor's power in respect to convictions for treason. (Penal Code.) Sec. 435. Governor to communicate to Legislature reprieves, commutations and pardons. (Penal Code.) Sec. 43r(. Messengei-s from the Governor may be introduced. (Senate rule; Assem- bly I'ule. ) Sec. 437. Executive comnuinications and nominations to committee. (Senate rule.) Sec. 438. Joint address to Governor. (Joint rule.) Sec. 439. Message from the Governor. (Form.) Sec. 440. Motion confirming appointment of Governor. (Form.) Sec. 440^. Sustaining Governor's objection. (Form.) Part IL Presiding Ofbicers. Sec. 441. Per diem. etc.. of Speaker. (Political Code.) Sec. 442. Appointment of standing committees of Legislature. (Political Code.) Sec. 442^. Presiding officers to appoint membei*s who shall write arguments on constitutional amendments. (Political Code.) Sec. 443. Speaker to preserve order; to decide points of order; and may sjx'ak to same. (A.sseml)ly rule.) Sec. 444. Speaker to have direction of the hall : may call any member to the chair. (Assembl.v nile. ) Sec. 445. Speaker to sign resolutions, etc.. attested by the Clerk. (Assembly rule.) Sec. 44ri. Speaker may order the galleries and lobby cleared. (As.send)ly rule.) Sec. 447. Speaker to call house to order. (Assembly rule.) Sec. 44S. Speaker to decide who is entitled to the place. (A.ssenibly rule.) Sec. 440. .Motions to be stated by Speaker, and if desired shall be reduced (o writing. or may be witlulrawn. (Assembly rule.) Sec. 4."»4». Calling to order. (Senate rule.) Sec. 45.5. Presid<-nt \)Vi) Ic-in. — llis powers and pri\ il'gcs. (.Scuale rule.) Sec. 452. President may order lobbies cleared. (Senate rule.) Sec. 453. President may call Senator to chair. (S^MUite rule.) Sec. -154. A|)i)ointment to committees. (Seriate rule.) Sec. 455. President i)ro tem — His jtowers and privileges. ( Sena(e rule, i Sec. 45r;. Knrolled l)ills to receive Hignnture of prK". SEC 423 MESSAGES TO LEGISLATURE. He shall coinmunicalc li\- incssaj^e to the rjcKislaliirf, at ovory sj'ssion, the condition of the Slate, and r('<'()mim'tid siu-li matters a.s he shidl deem exfx'dicnt. (('(mslil iilion, ml. V , sic. 10.) 148 LEGISLATIVE MANUAL AND FORM BOOK. SEC. 424. WHEN TO ADJOURN LEGISLATURE. In ease of a disagreement between the two hoii.ses with re.speet to the time of adjournment, the (Governor shall have power to adjonrn the Legislature to sueh time as he may think proper; proi-ided, if it be not beyond the time fixed for the meeting of the next Legislature. {Constitution, art. V, sec. 11.) SEC. 425. WHEN TO CONVENE SPECIAL SESSIONS. He may. on extraordinary occasions, convene the Legislature by proclamation, stating the purposes for which he has convened it, and when so convened it shall have no power to legislate on any subjects other than those specified in the proclamation. ])ut may provide for the expenses of the session and other matters incidental thereto. (Const i- tution. art. V, sec. 9.) SEC. 426. APPROVAL AND RETURN OF BILLS— PASSAGE OVER VETO. Every bill which may have passed the Legislature shall, before it becomes a law, be presented to the Governor. If he approve it. he shall sign it : but if not, he shall return it, with his objections, to the house in which it originated, which shall enter such objections upon the Journal and proceed to reconsider it. If. after such reconsideration, it again pass both houses, by yeas and nays, two-thirds of the members elected to each house voting therefor, it shall become a law. notwith- standing the Governor's objections. If any bill shall not be returned within ten days after it shall have been presented to him (Sundays excepted), the same shall become a law in like manner as if he had signed it, unless the Legislature, by adjournment, prevents such return, in which case it shall not become a law, unless the Governor, within thirty days after such adjournment (Sundays excepted), shall sign and deposit the same in the office of the Secretary of State, in which case it shall become a law in like manner as if it had been signed by him before adjournment. If any bill presented to the Governor con- tains several items of appropriation of money, he may object to one or more items, while approving other portions of the bill. In .such case he shall append to the bill at the time of signing it, a statement of the items to which he objects, and the reasons therefor, and the appropriation so objected to shall not take effect unless passed over the Governor's veto, as hereinbefore pro\dded. If the Legislature be in session, the Governor shall transmit to the house in Avhich the bill originated a copy of such statement, and the items so objected to shall be separately reconsidered in the same manner as bills which have been disapproved by the Governor. {Constitution, art. IV, sec. 16.) LEGISLATIVE MANUAL AND FORM BOOK. 149 SEC. 427. BILLS RECEIVED BY THE GOVERNOR MUST BE INDORSED BY HIS PRIVATE SECRETARY. Every bill must, as soon as delivered to the Ciovernor. be indorsed as follows: "This bill was received by the Governor this day of eighteen [nineteen] " The indorse- ment must be signed bv the private seeretarv of the Governor. ( Polii- ical Coch\ sec. 309.) SEC. 428. APPROVAL OF BILLS. When the Govei-nor approves a bill he must set his name thertno. with the date of hi.s ajiproval, and deposit the same in the office of the Secretary of State. If any bill i)resented to the Governor contains several items of api)ropriation of money, he may object to one or moi"e iteiiLS while approving' other portions of the bill. In such case he shall append to the bill, at the time of signing it. a statement of thi- items to which he objects, and the reasons therefor. If the Legislature be in session, the Governor shall transmit to the House in which the liill originated a copy of such statement, and the items so objected to shall be .separately reconsidered in the same manner as bills which have bci'ii disapprovetl by the (Jovernor. {Political Codi . .s(c. 310.) SEC. 429. BILLS RETURNED WITHOUT APPROVAL. "When a bill has passed both houses of the Legislature and is returned by the Governor without his signature, and with objections tliereto. or if it be a bill containing several items of api)ropriation of money, with objections to one or more items, and upon reconsitleration, such bill, or item, or items, pass both houses by the constitutional )najority. the bill, or item, or items must be authenticated as having become a law by a certificate indorsed on or attached to the bill, or indorsed on or attached to the copy of the statement of objections, in the following form: "This bill having been returned by the Goveriu)r with his objec- tions thereto, and. after n-consideration, having passed both liouses by the constitutional majority, has become a law this day of A. 1). ;" or. "The following items in the within statement 'naming them) having, after reconsideration, pas.sed both houses In the con.stitut ional majority, have become a law this day of A. I). "" whiih indorsement, signed by the President of the Senate and the Sjx'aker of the A.ssembly, is a suflicji-nt authentieatictn thereof. Such hill or state- ment must then l)e delivered to the (Jovernor. and by him nuist be deposited with the laws in the office of the Secretary of State. < I'lilif- it at Cofh , .sYr. 31 L) 150 LEGISLATIVE MANUAL AND FORM BOOK. SEC' 430. RETURN, WHEN HOUSE NOT IN SESSION. If. on the day the Governor desires to return a bill without his approval and with his objections thereto to the house in which it origi- nated, that house had adjourned for the day (but not for the session), he may deliver the bill with his message to the Presiding Officer, Secre- tary, Clerk, or any member of such house, and such delivery is as effectual as though returned in open session, if the Governor, on the tirst day the house is again in session by message notifies it of such delivery and of the time when and the person to whom such delivery was made. {Political Code, sec. 312.) SEC. 431. BILLS REMAINING WITH THE GOVERNOR MORE THAN TEN DAYS. Every bill which has passed both houses of the Legislature, and has not been returned by the Governor within ten days, thereby becoming a law, is authenticated by the Governor causing the fact to be certified thereon by the Secretary of State in the following form: ''This bill having remained with the Governor ten days (Sundays excepted), and the Legislature being in session, it has become a law this day of A. D. " which certificate must be signed bv the Secretarv of State and deposited with the laws in his office. (Political Code,' sec. 313.) SEC. 432. NOMINATIONS TO SENATE MUST BE IN WRITING. Nominations made by the Governor to the Senate must be in writing, designating the residence of the nominee and the office for which he is nominated. {Political Code, sec. 889.) SEC. 433. POWER OF THE GOVERNOR TO GRANT REPRIEVES, COMMUTATIONS, AND PARDONS. The Governor has power to grant reprieves, commutations, and par- dons, after conviction, for all offenses, except treason and cases of impeachment, upon such conditions and with such restrictions and limi- tations as he may think proper, subject to the regulations provided for in this chapter. {Penal Code, sec. 1417.) SEC. 434. GOVERNOR'S POWER IN RESPECT TO CONVICTIONS FOR TREASON. He may suspend the execution of the sentence, upon a conviction for treason, until the case can be reported to the Legislature at its next meeting, when the Legislature may either pardon, direct the execution of the sentence, or grant a further reprieve; provided, that neither the Governor nor the Legislature shall have power to grant pardons or commutations of sentence in anv case where the convict has been twice LEGISLATI\^ MAXUAI, AND FORM BOOK. 151 convicted of felony, after the first day of January, eisrhteen hundred and eight}^, unless upon the written recommendation of a majority of the judges of the supreme court. {Penal Code, see. 1418.) SEC. 435. GOVERNOR TO COMMUNICATE TO LEGISLATURE REPRIEVES, COMMUTATIONS AND PARDONS. He nnist. at the beginning of every session, communicate to the Legislature each case of reprieve, commutation, or pardon, stating the name of the convict, the crime of which he was convicted, the sentence and its date, and the date of the commutation, pardon or reprieve, and the reasons for granting the same. {Venal Code, see. 1419.) SEC. 436. MESSENGERS FROM THE GOVERNOR MAY BE INTRODUCED. ]Mes.sengers from the Governor may he introduced into either house of the Legislature at any stage of business except while a question is being put. while the ayes and noes are being called, while ballots are being counted or while a member is addressing the house. {Senafc BuJc So. 62. Assembly Rule Xo. 5.) SEC. 437. EXECUTIVE COMMUNICATIONS AND NOMINATIONS TO COMMITTEE. "When executive communications or nominations shall be sent by Ihr Governor to the Senate for their confirmation, the same shall lie referred to the Committee on Rules, unless otherwise ordered by Ihr Senate, which motion shall be detci-niined wilhoul dcha1(\ {S(nalc Rule Xo. 38.) SEC 438 JOINT ADDRESS TO GOVERNOR. When the Senate and Assembly shall JikI-v i1 proper Id ni.-ikr a Joint address to the Governor, it shall he ijre.smtftl to him in his audicm-e chamber by the President of the Senate in the presence of the Speaker of the Assembly and a .select committee of si.x meml)ers fi-oni each hoiise appointed by the respective presiding officers. (Join! Rule X<>. 1.) SEC. 439. (■Koini. » MESSAGE FROM THE GOVERNOR. 'I lie l'ollowin>r iiH'.s.sauc i-rcrivcd lidiii llic ( idvciiKir was rc.itl and ordered jjrinted in the .jontiial. 152 LEGISLATIVE MANUAL AND FORM BOOK. SEC. 440. (Form.) MOTION CONFIRMING APPOINTMENT OF GOVERNOR. Senator^ moved that the Senate advise aud consent to the several appointments of the (Tovernor. The President^ put the question, "Will the Senate advise and consent to the appointment of of as a member of the Board of Managers of the State Hospital, vice resigned''?"' The roll was called, with the following result : (roll CALL.) Whereupon the President- announced that the Senate had advised and consented to the appointment of of , a member of the Board of Managers of the State Hospital, vice resigned^ EXPLANATORY NOTE. 'Or other presiding officer. ■Name of place of residence. 'Or term expired. SEC. 440/2. (Form.) (SUSTAINING GOVERNOR'S VETO.) . (Message from the Governor announcing his objections to Bill No. ) The question being, ''Shall Bill No. become a law notwithstanding the objections of the Governor?'' The roll was called, and the objections of the Governor sustained by the following vote : AYE.S — ■ Noes — PART II. PRESIDING OFFICERS. SEC. 441. PER DIEM, ETC., OF SPEAKER. The Speaker of the Assembly shall receive the sum of ten dollars per diem during the session of the Legislature, and the same mileage and sum for contingent expenses as members of the Legislature. (Political Code, sec. 267.) SEC. 442. APPOINTMENT OF STANDING COMMITTEES OF LEGISLATURE. All standing committees of the Senate and Assembly shall be appointed by the presiding officer of the respective houses; provided, that each house may by resolution, or the rules thereof, direct other- wise. (Political Code, sec. 248.) LEGISLATIVE MANUAL AND FORM BOOK. 153 SEC. 4421/2. PRESIDING OFFICERS TO SELECT MEMBERS OF LEGISLATURE TO WRITE ARGUMENTS FOR AND AGAINST CONSTITU- TIONAL AMENDMENTS. AYlienever the Legislature shall propose any amendiiients to the Constitution of this State, which amendment shall have been passed in the manner required by section one of article eijihteen of the Con- stitution, the author of such amendment and one member of the same house Avho voted with the majority on the submis.sion of such amend- ment and one member of the same house as the autlior who voted with the minority against the submission of such amendment, both of whom .shall be selected by the presiding officer of such house, before the adjournment of the Legislature, and they shall within one year after the adjournment of the Legislature prepare a brief statement showing the purpose of the proposed amendments, etc. * * * (Political Code, sec. 1195.) SEC. 443. SPEAKER TO PRESERVE ORDER; TO DECIDE POINTS OF ORDER: AND MAY SPEAK TO SAME. He shall preserve order and decorum ; may speak to points of order in preference to other members, rising from his seat for that pui-pose ; and shall decide (juestions of order, sul)ject to an appeal to the House by any member, on which appeal no membei- shall speak more tlian oiice. unless bv leave of the House. {Assanhhi h'uU Xo. 20.) SEC. 444. SPEAKER TO HAVE DIRECTION OF THE HALL: MAY CALL ANY MEMBER TO THE CHAIR. He shall have general direction of the hall. He shall have a I'iglil to name any member to perform the duties of the Chair, but such substi- tutions shall not extend l)eyoiid an adjournment. (Assiiiihhi h'ldc Xo. 21.1 SEC. 445. SPEAKER TO SIGN RESOLUTIONS, ETC.. ATTESTED BY THE CLERK. All ads. addresses, and joiiil n'solutinris shall l>i' .simird li\ llu- Speaker, and all wi'its. warrants, and suhpceiias issued by (irdei- of the Hou.se .siiall be under his hand, attested by the Clerk. iA.sstnibl!) h'lilr Xo. 22. ) SEC. 446. SPEAKER MAY ORDER THE GALLERIES AND LOBBY CLEARED. In case of any dislurbanee or disorderly .-(luduel in (he i^ailerie.s or lol)l)v. or whenever lie shall deem it necessary, the Speaker (or < "hair- man" of tJK' Committee of the Whole Hon.sei shall have power to order tlie same to be cleared. ( .\ ss) iiihl H h'lih \" 2:{.) 154 LEGISLATIVE MANUAL AND FORM BOOK. SEC. 447. SPEAKER TO CALL HOUSE TO ORDER. The Speaker, or, in his absence, the Speaker pro tern., slinll take the chair precisely at the honr appointed for meeting, and shall imme- diately call the House to order. In the absence of both the Speaker and Speaker pro tem., the Chief Clerk, or an a.ssi.stant, .shall call the House to order, whereupon a Chairman shall be elected from among the members to preside. (AssemhJy Rule No. 10.) SEC. 448. SPEAKER TO DECIDE WHO IS ENTITLED TO THE PLACE. When two or more members shall rise at once, the Speaker shall name the member who is first to speak. (Assemhhj Biilc No. 38.) SEC. 449. MOTIONS TO BE STATED BY SPEAKER, AND IF DESIRED SHALL BE REDUCED TO WRITING, OR MAY BE WITHDRAWN. No motion shall be debated until the same be seconded and distinctly announced by the Speaker; and it shall be reduced to writing, if desired by the Speaker, or any member, and be read by the Clerk, before the same shall be debated. A motion may be Avithdrawn. by leave of the Plouse. at anv time before amendment or decision. (A.<;semhJ>i Bule No. 42.) " SEC. 450. CALLING TO ORDER. The President, President pro tem., or senior member present, shidl call the Senate to order at the hour stated, and if a cpiorum l)e present proceed with the order of business. {Senate Rule No. 2.) SEC. 451. PRESIDENT— HIS POWERS AND PREROGATIVES. The rooms, passages, and buildings set apart for the iLse of the Seimte shall be under the control and direction of the President of the Senate, and he shall have the control and direction of the journals, papers, and bills of the Senate. He shall see that all officers of the Senate perform their respective duties, and may assign places to properly accredited newspaper representatives. (Senate Ride No. 4.) SEC. 452. PRESIDENT MAY ORDER LOBBIES CLEARED. In case of a disturbance or disorderly conduct in the lobbies, the President (or Chairman of the Committee of the Whole) shall have power to order the same cleared. (Senate Rule No. 5.) legislatrt: manual and form book. 155 SEC. 453. PRESIDENT MAY CALL SENATOR TO CHAIR. The President .shall have the right to name any Senator to perform the duties of the ehair. who shall be vested, during .such time, with all the powers of the President; bnt sneh substitute shall not lose the right of voting on any question while so presiding. (Soiair Rule Xn. 6.' SEC. 454. APPOINTMENT TO COMMITTEES. All standing eommittees of the Senate shall be named liy tlie Presi- dent of the Senate unless otherwise ordered, and the lirst named sliall "be the chairman thereof. All other .ommittees shall lie appointed in ■such manner as the Senate shall determine. {Senate Uulc Xo. 7. ) SEC. 455. PRESIDENT PRO TEM.— HIS POWERS AND PRIVILEGES. The President pro tern, shall, in the absence of the President, take the chair and call the Senate to order at the hour of the meetings of the Senate, and have the same poAver as the President ; but the Presulent pro tern, shall vote only as any other member of the Senate. (Soiatr Rule Xo. 0.) SEC. 456. ENROLLED BILLS TO RECEIVE SIGNATURE OF PROPER OFFICERS. After a l)ill shall have passed both houses, it shall be duly m rolled and carefully compared by the Engrossing and Enrolling Clerk and Engrossing and Enrolling Committee of the As.scmbly. or of the Senale. as the bilfmay have originated, and shall rirst receive the signatures of the presiding officer and clerk or secretary of the hou.se in which it emanated, before it shall be presented to the Governor of the State. (Joint Rvlr Xo. 21.) PRESIDENT AND SPEAKER TO SIGN BILLS. After the examination ;iiid r<'p(.rt. each bill sliall be siirncd in llir respective hou.ses. tirst l»y the Speaker of the yVsscmlil.w iIk'h l»y the Pre.sidcJit «.f tli.' Senate. (Joint h'lilr Xo. 23.) PAKT 111. ()Tlii:b' (H-" KICK US .WD .\TT.\('IIKS. N. B. — See alfo Hootlons 15-18. SEC. 458. OFFICERS, EMPLOYEES AND ATTACHES. The Legislature may also provide for the em|)l<)yiiieiil of help: but in no case .sliall the total expense for (.nieers. emplMyees and atlaelies exceed the sum of five hundred dolhirs per day for either Imu.se. at Jiny regiibir ..r biennial .session, nor the sniii nf two hundred dollars i»er 156 LEGISLATIVE MANUAL AND FORM BOOK. day for either house at any special or extraordinary session ; nor shall the pa,y of any officer, employee or attache be increased after he is elected or appointed. (ConsfUuiion. art. IV, sec. 23a.) SEC. 459. DUTIES OF SECRETARY AND CLERK. The Secretary of the Senate and the Chief Clerk of the Assembly must attend each day, call the roll, read the journal and bills, and superin- tend all copying necessary to lie done for their respective houses. (Political Code, sec. 253.) SEC. 460. RESOLUTION OF CONCURRENCE TO BE TRANSMITTED TO SECRETARY OF STATE AND GOVERNOR. Whenever the Senate concurs in a nomination, its Secretary must immediately deliver a copy of the resolution of concurrence, certified by the President and Secretary, to the Secretary of State, and another copv. certified bv the Secretarv, to the Governor. {Political Code, sec' 890.) SEC. 461. OATHS TO BE TRANSMITTED TO SECRETARY OF STATE. The Secretary of the Senate and the Chief Clerk of the Assembly are reciuired by law to file as expeditiously as possible with the Secretary of State certified copies of the oath of office of each member and officer of their respective houses. {Political Code, sec. 909.) SEC. 462. DUTIES OF ASSISTANT SECRETARY AND ASSISTANT CLERK. The assistant secretaries of the Senate and the assistant clerks of the Assembly must take charge of all bills, petitions, and other papers pre- sented to their respective houses, file and enter the same in the books l)rovided for that purpose, and perform such other duties as may be directed by the Secretary of the Senate and Chief Clerk of the Assembly. (Political Code, sec. 254.) SEC. 463. DUTIES OF MINUTE CLERK. The minute clerk of the Senate and the minute clerk of the Assembly must keep a correct record of the proceedings of their respective houses. (Political Code, sec. 255.) LEGISLATIVE MANUAL AND FORM BOOK. 157 SEC. 464. DUTIES OF SERGEANT-AT-ARMS. The Sergeant-at-Arnis of the Senate and the Sergeant-at-Arms of the Assembly, must give a general .supervision, under the direction of their presiding otifieers, to the Senate and Assembly chambers, with the rooms attached; attend during the sittings of their respective bodies, execute their commands and all process issued hy their authority; keep an account for pay and mileage of members, and prepare cheeks for same. (Political Code, sec. 259.) SEC. 465. DUTIES OF ASSISTANT SERGEANT-AT-ARMS. The Assistant Sergeaut-at-Arms of each house must perform the duties of doorkeeper, prohibit all persons, except members, officers, and employees, and such other persons as may have the privilege of the floor assigned them by the rule of each house, from entering witliin the bar of the house, unless upon invitation, and keep order in the halls and lobbies. (Pulitical Code, sir. 2(30.) SEC. 466. DUTIES OF OFFICERS AT CLOSE OF SESSION. The Secretary and assistant secretaries of the Senate, and Chief Clerk and assistant clerks of the Assembly, at the close of each session of the Legislature, must mark, label and arrange all bills and papers belonging to the archives of their respective houses, and deliver them, together with all the ])ooks of both houses, to the Secretary of State, who must certifv to tlu' reception of Ihf same. {Political Code. sec. 261.) SEC. 467. COMPENSATION OF OTHER OFFICERS AND EMPLOYEES. (Salaries of Officers and Attaches of the Senate.) Thci-c .shall be paid to the officers and cinpldyccs of the Senate tlie following salaries: To the Secretary, ten dollars per day; to the Ser- geant-at-Arms. eight dollars per day; to one assistant secretary who shall be clerk of the connnittee on printing, and to tlie minute clerk, who .shall also l)e clerk of the committee on rules, each, nine dollars per day: to the assistant .secretaries, a.ssistant miinite clerks, journal clerk, engrossing and enrolling clerk, tile clerk and history clerk, each seven dollars per day; to the a.ssistant sergcanls-al-arms. hookkeeper to ,sergeant-at-arms. a.ssistant journal clerks, assislant engrossing and en- rolling clerks, assistant history clerk and assistant at ilesk. each live dollars per day; to the chaplain, four dollars per day; lo one stenog- rapher who shall b<' known as the chief steiiogra|>her. six dollars per day; to the other stenoj^'-raphers. each five dollars per day; to the com- mittee clerks, each four dollar-s per day. excepting the one clerk of the judiciary connnittee and one clerk of the limine*' committee, shall receive each six dollars per day; postmastci-. assistant p(»st master, cloak- room clerk, and press mailing clerks, each four dollars per day; to the mail carriers. trateUeepers. doorkeepers, each, three dollars per day : to each page two dollars and (iftv cuts pci- day. (I'ulilical Cixh . sir. 2end any such clerk or attache under him for dereliction of duty, and shall rej)ort to the Committee on Attaches such suspension and the cause thereof. Said suspended clerk or attache shall not receive any pay during the time of such suspension. The Committee on Attaches shall have the power to relieve the attache or clerk of his suspension, and shall have the power, subject to the approval of the House, to remove any clerk or attache for incom- l)etency oi- foi" wilful net'lect of duty. ( Ass( lulthi h'lih So. 11.) SEC. 474. ASSIGNMENT OF ATTACHES. The Co)iiiiiitte(' on Attaches shall a.s.sigM the euiiuiiittec e|erl<.s and llie official stenograi)hers of the house to the various eoiuniillees and. on rcconimendation of the Chief Clerk, shall have the authority to reassign ;iriy clerk or attache umh-r liiui to special duties or other eonuniltees when the necessitv aris*',-,. 160 LEGISLATIVE MANUAL AND FORM BOOK. The Committee on Attaches, in co-operation with the Chief Clerk and Sergeant-at-Arms, shall exercise general supervision over and shall systematize the work of all attaches. All assignments of committee clerks and stenographers made by the Committee on Attaches under this rule shall be reported to the House and entered in the .Tournal. (AssfrnJ>Jij h'idr No. 7-4.) SEC. 475. DUTIES OF THE SERGEANT- AT- ARMS (ASSEMBLY). The Sergeant-at-Arms shall attend the House, during its sittings, execute the commands of the Speaker of the House, and serve all process issued by authority thereof directed to him by the Speaker. He shall be sworn to keep the secrets of the House. He shall also have supervi- sion over the Assistant Sergeant-at-Arms and gatekeepers, and shall be responsible for their performance of and regular attendance upon their duties, and shall have power to suspend any such attache under him for dereliction of dut.y. and shall report to the Committee on Attaches such suspension and the causes thereof. Said suspended attache shall not receive any pay during the time of such suspension. The Committee on Attaches shall have power to relieve the attache of his suspension, and shall have the power, subject to the approval of the House, to remove any attache for incompetency or for wilful neglect of duty. (Assemhhi Fule Xo. 24.) SEC. 476. EXPENSES OF SERGEANT-AT-ARMS. The Sergeant-at-Arms shall receive his actual traveling expenses for himself or a special messenger when executing any process issued by the House or bv anv ofificer or committee thereof. (Afn^trmhlij Rule No. 25.) SEC. 477. ASSISTANT SERGEANT-AT-ARMS TO BE DOORKEEPER. The Assistant Sergeant-at-Arms designated by the Speaker shall be the doorkeeper and shall be sworn to keep the secrets of the House. {Assembly Rule No. 26.) SEC. 478. SERGEANT-AT-ARMS (SENATE). A Sergeant-at-Arms shall be elected, to hold his office during the pleasure of the Senate, whose duty it shall be to attend the Senate during all of its sittings, to execute the commands of the Senate from time to time, together with all such process issued by authority thereof, as shall be directed to him by the President. The Sergeant-at-Arms is authorized to arrest for contempt all persons outside the bar, or in the gallery, found in loud conversation, or otherwise making a noise to the disturbance of the Senate. The actual expenses of the Sergeant-at-Arms for every arrest, for each day's custody and releasement, and the travel- ing expenses for himself and special messenger going and returning shall be paid out of the contingent fund, and no other fees shall be paid LEGISLATIVE MANUAL AND FORM BOOK. 161 him beyond his i)er diom. It shall also be the duty of the Sergeant-at- Arms to keep the aeeounts for pav and inileau'e of Senators. (Senate Eule Xo. 12.) SEC. 479. PRINTED BILLS. ETC., MUST BE PLACED ON DESKS. The Sergeant-at-Arm.s shall place copies of all bills, joint and concur- rent resolutions, constitutional ainendments, and journals and histories, when printed, on the desks of Senators at least one hour previous to the opening of session. (Sotatc liulc Xo. 13.) SEC. 480. GATEKEEPER. It shall be the duty of the gatekeeper to prevent all persons, except Senators. ex-Senators, members of the Assembly. State officers, officers of the two honses. and such accredited newspaper representatives as have seats assigned to them by the President, from coming within the bar of the Senate, unless upon written invitation of the President or a Senator; provided, that no visitor shall be allowed upon the tloor while the Senate is in session. {Senate Hide Xo. 14.) SEC. 481. (Form.) RESOLUTION. The following resolution was ottered : By Senator^ : Resolved, That the following named persons be allowed the sums set opposite their respective names, for services rendered the Senate' prior to its organization, the same being payable out of the Contimjent Fund : . „ ^^ , Secretary to the President', two days at .156.00 $12 00 , Page to the President', one day at .$li..50 - oO Resolution read. Senator moved that the resolution be adopted. The question being on the adoption of the resolution. The roll was called, and the resolution adopted bythe follow iiig votf : (ROLL CALL.) RESOH'TION. The following i'<-solulion was otVered : By Senator' : Rfsolved, That the following named persons be and they are hereby appointed to the respective positions lieroinafttT set forth as provided l)y law with the compen- sation set opjiosite their nanu-s. i)ayabli' weekly, and the Controller is hereby directed to draw iiis warrants for the said resiiective amounts and the Treasurer is directed lo piiv the same : , Assistant .Minnie Clerk .1>r. 00 per day , Journal Clerk W) per day , PostmiHtresH 4 (Ml per day , Assistanl Sergeant-at-ArmB 5 00 per day . AssiKtarit Journal Clerk r» 0() per day , Stenographer Tj 00 per day, etc. rNPl.AN'ATOHY NOTB. 'Or .Mr. -( )r .\ssembly. ■<>r Speaker. 1 1 — }r,k'2l 162 LEGISLATIVE MxVNUAL AND FORM BOOK. PART IV. PRINTING. SEC. 482. DUTIES OF SUPERINTENDENT OF STATE PRINTING. It is the duty of the Superintendent of State Printing : 1. To print the laws; the journals of the Legislature; reports of state officers; public documents ordered to be printed by the Legislature; blanks for the Supreme Court, the offices of Governor, Secretary of State, Controller, Treasurer of State, Superintendent of Public Instruc- tion, Attorney General. Surveyor General, and Register of the Land Office; the bills, resolutions and other job printing which may be ordered by either of the two houses of the Legislature, and all other public printing for the State, unless otherwise expres.sly ordered by law. ******* 7. No printing for the Senate, or any committee of the same, shall be executed except upon an official order of the Secretary, and no order for any printing shall be made by that officer unless the same is ordered by a majority vote of the Senate. All printing done for the Senate shall be delivered to the Sergeant-at-Arms of that body, whose duty it shall be to distribute one-third of the copies of any document printed to the members of the Senate, and two-thirds to the Sergeant-at-Arms of the Assembly, who shall receipt therefor, for distribution to the members thereof. There shall be printed two hundred and forty copies of all bills, resolutions and reports ordered printed by the Senate. 8. No printing for the Assembly, or any committee of the same, shall be executed except upon an official order of the Chief Clerk, and no order for any printing shall be made by that officer unless the same is ordered by a majority vote of the Assembly. All printing done for the Assembly shall be delivered to the Sergeant-at-Arms of that body, whose duty it shall be to distribute two-thirds of the copies of any document printed to the members of the Assembly, and one-third to the Sergeant-at-Arms of the Senate, who shall receipt therefor, for distribution to the members thereof. There shall be printed two hun- dred and forty copies of all bills, resolutions, and reports ordered printed by the Assembly. 9. The receipts of the respective sergeant-at-arms of the Senate and Assembly shall be a sufficient voucher to the Superintendent of State Printing for all work done for either house. {Political Code, sec. 526.) SEC. 483. NUMBER OF DOCUMENTS TO BE PRINTED. Whenever any message or document, in book form, is ordered printed by either house, four hundred and eighty copies thereof, in addition to the number ordered, must be struck off and retained in sheets, and bound wnth the journals of the House ordering the same, as an appen- dix. Of bills ordered printed, when the number is not fixed in the order, there must be printed two hundred and forty copies. {Political Code, sec. 527.) LEGISLATIVE MAXr AL VXD FORM BOOK. 163 SEC. 484. LAWS AND JOURNALS TO BE PRINTED. There must be printed of the laws of each session of the Legishiture, twenty-two hundred and tifty copies, in English, to be deposited with the Secretary of State, who, after retaining a siitlRcient number of said volumes for distribution, in accordance with the provisions of section four hundred and nine of the Political Code, shall deposit one hundred and fifty copies with the State Librarian ; the renuiining copies to be sold at a price not to exceed three dollars per bound volume ; the moneys thus received to be paid into the .state treasury at the end of each month, as other fees are paid by the Secretary of State, and for the same purposes. AYhenever any bill, .joint or concurrent resolution, is passed to enrollment, by either the Senate or Assembly, the Committee on Enrollment of the house, in which the hill, joint or concurrent reso- lution originated, shall transmit the same, without delay, to the Super- intendent of State Printing, who shall receipt for all such bills and resolutions, and proceed at once to have the same printed, in the order in which received, in the measure prescribed by law for the statutes. So soon a.s printed, one copy, with proper blanks for the signatures of the officers whose duty it is to sign enrolled liills. shall be printed on bond paper, which, together with the engrossed bill, shall be sent to the Committee en iLnrollment of the house in which the bill originated. Said committee shall compare such copy with the engro.ssed bill, and if it is found to be correct shall present it to the proper officers for their signatures. When such officials shall have signed their names thereon, as required by law, it shall be an enrolled bill, and shall be transmitted to the Governor for his approval. If the same is signed by the Governor and becomes a law. the printed law shall go to the Secre- tary of State and become the official record. 2. Whenever a law is signed by the Governor, official notice shall be forwarded, in writing, to the Superintendent of State Printing of the fact. Upon the receipt of said official notice, the Superinteiulent of State Printing sliall cause to be jirinted. foi- the use of the Legislature, two hundred and foi-tv copies of said law. joint or concurrent resolu- tion, to be distributed, one-third to the Senate and two-thirds to the Assembly, the Sergeant-at-Arms of the respective houses to receipt to the Superintendent of State Printing for the same, whose receijit sliall be a proper voucher for the work. Number Printed — Spanish and English. He shall also cause to be printed the requisite numhei- ol" sheets in make the number of co|)ies of the statutes re(|uii-ed by law to be pi'inted. the one composition of tyfie to aiiswei- the |)ur|)ose of printing tlie tlii-ee editions: and of such hiws. i-esolut ions, and nii'niorials as may be desig- nated by the iiegislature. two liundretl and foiMy copies in Spanisii. Of tlie journals and appendices of the Senate and Assembly there must be printed .seven hundred and fifty copies, in one volume or more, as may lie ri'Miiii'i'd bv tile ^i/c tllcl'eof. Indexing and Binding. 'i'iic Su|>cj inteiidciii oT Slate Prinlin.^ shall have the laws, jour- nals of Senate and .\sscmbly. and the a|»|)endices thereto. pro|»- erly indexed and hound, the laws in full law sheep bind- ing. anrinled nl" e;icli dociimeni nr f)ther matter ordered, uidess tlu' Senale especially dii'eets a dilTereiit runnber. (Smalt' h'ult Xo. 22.) SEC. 502. HISTORY OF BILLS. RESOLUTIONS AND CONSTITUTIONAL AMENDMENTS. P^ach house shall cause to be pi-inte(l on .\b)iiday of each week, diiiui;; the session, a eoiii[)|ele history of all bills, .joint or concurrent resolu- tions and constitutional aiin-ndiiients oritriiiat int,' in, or acted iipini by the |-<.s|ii'rt;v.. Inill^i-^ 168 LEGISLATIVE MANUAL AND FORM BOOK. Such history shall show the action taken npon each measure np to and including the legislative day preceding its issuance. For each legislative day intervening there shall be printed a supplementary history showing the action taken upon any measure since the issuance of the complete history. A regTilar form shall 1)e prescribed and no other form shall be used. Immediately following the adjournment for the constitutional recess the History shall be compiled and printed to date of recess. {Joint Rule No. 25.) SEC. 503. NUMBER OF COPIES TO BE PRINTED OF JOURNAL. The Superintendent of State Printing shall print one thousand copies of the Journal of each day's proceedings of the Senate, and one copy of the same shall be placed upon each Senator's desk, and a sufficient number sent to the Assembly to supply each Assemblyman with one copy; he shall also print a sufficient number of copies properly paged, to bind in book form as the Journal of the Senate, at the end of the session, as required by law. {Senate Bule No. 23.) SEC. 504. WHEN NOT IN COMMITTEE OF THE WHOLE, PROCEEDINGS MUST BE ENTERED IN THE JOURNAL. The proceedings of the Senate, when not acting as a Committee of the Whole, shall be entered in the Journal as concisely as possible, care being takea to record a true and accurate account of the proceedings. {Senate Rule No. 26.) SEC. 505. PRINTING FOR THE SENATE. The Superintendent of State Printing shall not print for the u.se of the Senate any matter other than provided by law, unless upon a written order signed by the Secretary. The Secretary may, when necessity requires, order from the State Printer such printing as he deems neces- sary to be printed in advance of the regular order of business, under a speciallv prepared written order, to be known as a "Rush Order." {Senate Rule No. 27.) SEC. 506. (Form. > MOTION. Senator^ moved that the Superintendent of State Printing be directed to print hundred copies of the report submitted by the to the Governor on , 19__, for the use of the Senate'. Motion carried, and such was the order. EXPLANATORY NOTE. ^Or Mr. "Or Assembly. LEGISLATIVE MANUAL AND FORM BOOK. 169 SEC. 507. CForm.> RUSH ORDER TO PRINTER. On motion of Senator^ the Secretary was diri'cted to issue a rush order for printing- "Rill No. EXPLANATORY NOTE. 'Or Mr. PART V. USE OF AND ADMISSION TO SENATE AND ASSEMBLY CHAMBERS. SEC. 508. OPEN DOORS AND SECRET SESSIONS. The doors of each house shall be open, except on .such oeeasion.s as, in the opinion of the house, may require .secrecy. (Co)istituiion. ati. IV. sec. 13.) SEC. 509. LOBBYING. No person engaged in presenting to the A.ssembly or its committees any business, or claim, or legislation, shall be permitted to engage in such business in the Assembly Chamber, or be permitted on the floor of the Assembly at any time while the Assembly is in session, unless seated beside a member upon his invitation; and any person transgressing this rule shall be removed from the floor of the A.ssembly and be debarred from the privilege of the floor during the remainder of the entire si'ssion. The Speaker is charged with the enforcement of this rule. This rule can not be suspended except by a two-thirds vote of the entire Asscmblv. ( Afifsfmhhi Riih Xo. 78.) SEC. 510. LOBBYING. No person engaged in presenting to the Senate or any of its com- mittees any business, claim, or legislation, shall be permitted to engage in such business in the Senate Chamber or be permitted on the floor of the Senate at any time while the Senate is in session. Any i>er.son transgressing this rule shall be removed froin the Hoor of the Senate and shall be debarred fnmi the jirivilege of the lloui- during tlu' remain- der of the entire sessictii. The President ami President i)ro tern, are charged with the enforcement of this rule, and Ihis rule eiui not be saspended except by a two-thirds vdf.- of Ihe eiilire Senate. iStiKilr Rule Xo. 15.) SEC. 511. PRESS RULES. A pi-i.Miii desiring r<'eognilion by the Seii.ite or .\sseml»ly as a news- paper correspondent shall make application in wrilinLr to the President of the Senate or Spe}d MOTION. Senator^ moved that the Senate'- do now proceed with the regular order of business. Motion carried, and such was the order. EXPLANATORY NOTE. 'Or Mr. "Or Assembly. PART VIII. CHANGING AND SUSPENDING THE RULES. SEC. 527. DISPENSING WITH JOINT RULES. No joint rule shall be dispensed with except by vote of two-thirds of eaeii 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 involv- ing such violation shall l)e 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 nonconcurred in or negatived. (Joi)d Rule Xo. 37.) SEC. 528. SUSPENDING AND CHANGING ASSEMBLY RULES. No standing rule or order of the House shall be rescinded or changed without a vote of two-thirds of the members of the Assembly, and one day's notice being given of the motion therefor-, provielecl. that the Committee on Rules may at any time, except during a roll call, report a temporary rule providing for the consideration of any bill on the files of the House belonging to either of the following classes: 1. Bills affecting the state government, its revenue, its various departments or commissions, or appropriations therefor. 2. Bills affecting county and township governments, or roads and highwavs. LEGISLATIVE MANUAL AND FORM BOOK. 175 3. Bills affecting town, city, city and county governments, or the municipal aft'airs of the same. 4. Bills amending election or primary election laws. 5. Constitutional amendments. 6. Bills amending or repealing the codes, or sections thereof. Such temporary rule shall provide when a bill so selected shall be taken up for consideratioiL and the time when final vote shall be taken thereon and pending amendments thereto, if there be any. It shall always be in order to call up for consideration such report. The same shall be subject to amendments by the House. On the adoption of such temporary rule by the Plouse by a two- thirds vote thereof, if the bill be on third reading, and by a majority vote of the members elected to the House, if otherwise, such bill shail thereupon be made the special order for the time fixed therein. A rule of order may be suspended temporarily by a vote of two- thirds of the members present, except that portion of Rule 7 relating to third reading of l)ills. A motion or resolution proposing to increase or diminish a standino' committee shall not be adoi)ted until the same has been referred to the Committee on Rules. The Committee on Rules may also, at any time, report a temporary rule or regulation. When .such temporary rule or regulation shall have been adopted by a two-thirds vote of the House it shall have the effect, for the time being, of a standing rule, and if such temporary rule shall be in conflict with a standing rule it shall supersede said standing rule for the time being, and shall be enforced bv the Speaker. (Assembly Rule Xo. 66.) SEC. 529. SUSPENDING OR CHANGING SENATE RULES. Xo standing rules or order of the Senate shall l)e rescinded or changed without a vote of two-thirds of the entire Senate, and one day's notice being given of the motion therefor; but a rule or order may be sus- pended temporarily by a vote of two-thirds of the members of the Senate, except that portiim of Rule 29. relating to the order of enrolling bills. All proposed amcndmcMits to these rules shall, upon presentation, be referred to the Committee on Rules without deliate. {Sciialr Rule Xo. 60.) SEC. 530. SUSPENSION OF RULES. Senator^ asked for .iiid was granted iinaniiiiniis consent that the rules be suspended for llie consideration at tliis time of the foregoing resolution' without reference to committee. -' The (juestion being on the adoption of the i-esolutioiL The roll was caHed. and the resolution ado|)ted by the followiii'.; vote: Spnator\ etc EXPLANATOKY NOTE. ^Or Mr. '\l' a matter of contliiKinl ••xi»ii.si- aiiil. "i<-ra] (UT5. except In cue* of uraenry. when Sec. 18. Art IV of Con tHutlon may tie vuipemled by a lvfo-(hlrit» vote. No Act nhall (o Into effect until 94 dayt after flnil adiournmrni of I.egliilature. except uraeiicy mea.ure» Kee ron«lllutlon. Chap. Ill Art. IV. Par. t. All [lllla carrying api>ropr1atlon« muvl bt refrrrecl or rerererred to \V«»< and MMni Coinmlttee on •ectrti.l rraillna llule 30. flllU mahl.iK appropriation* of moiier ahall Pie ccn.l.lere.l In f >.m- inllta of the Wlioir Jl..u>r ithUe on tectmd reading llule 11. Ito As emlily T 1 eiirnilmcdl «r..iT' 1 T.. Coveninr Srti »(r rf fuses In re rede- Rc(lnf^t !»• on ronferenre i;i. rommlllef falli I" ». NOTE' If Prre rocifnrnce vtopllon l>|r »lll»t II '.ofrriet acpoliil'd JiilMl Kulc III. I'ir. ilMee f«l|* la agVw. or If rf(iort It rrfiitei die nuitrtrrr m>r Ik ill>r||ai<>'.l ;i.ii| u(li> 9* raeawiiien[h appoint ment of rnmmlltee on Free roiilrrcnre " '^ ''..ifr,„ ,r, Commlllcr aurer. on amciidmenls 3Bg>l To Ci.vrriinr See note LEGISLATIVE MANUAL AND FORM BOOK. 179 APPENDIX II. FOR USE OF PRESIDING OFFICERS. X. B. — This appendix Avas arranged for tlie use of tlie presiding offieers of the Senate, but can lie used in tlie Assembly by substitution of Assembly for Senate, and vice versa. Avherever these words oeour. THE CONSIDERATION OF THE DAILY FILE. PART 1. THE TIIIRD-READIXG FILE— SENATE BILLS. The presiding officer (wlien this stage of the legislative proceedings is reached' announces to the Senate "The consideration of the Third- Reading File.'' The President announces : ■'No. 1 on file — [a) Senate Bill No. — . Senator . author. connnittee recommends that it do pa.ss. Question is, 'Shall bill be read third time.' There being no objections. Secretary will read.' (Secre- tary then reads.) (h) The question is on the final pa.ssage of Senate Bill No. 27-3 (or adoption of constitutional amendment, joint resolution or concurrent resolution, as the case may be). The Secretary will call the roll. ■■ After th<' roll call by the Seeretary. he hands the President the roll call and orally states to him what tlu- vote is — so many ayes and so many noes. (6) The President then announces to the Senate, ayes (28) : noes (6). The bill is passed; then he says. "Are there any amendments to the title ? If not. title stands approved and bill will be transmitted to the Assembly. In the pveiit that fimendmeiits are necessary (ither than to tin- titlr. they can only be made by one proceeding, namely, that of a reference to a Special Committee of One with instructions to amend as follows (statintr the amendment submitted i : The ijuestion then by the presiding oftieei- is. "Shall thi* l>ill he re- ferred to a Special Committee of One with instructions to amend .' Those in favor, aye; contrary, no." ' If reference is ordered the Pr(^sident anniiuuces "Senate Bill .\n, is referi'ed to Senator as a Special Committee tn amend as directed.") Then follows the report nf Special Cumniitlee, wlii<-li has ali-eady been prepared. This brings us to the (|ues1ion of "Shall the report of the Special Committee of One be adopted?'' Aft<'r tin' vote taken, which c/^e.s not require a roll call, bill is nrdrrrd printed as amended, and transmitted to the A.ssembly. ( 'ontinuing the consideration of the file, the President then announces : The next is No. 2 on file — "Senate Concurrent Resolution No. — . " The same laiiL'Ufige and proceedini^s as above in {a), (b) and (r), except u.se the word "adopted" instead of "passed." Xo. 'i on file — Senate Bill Xo. ( — ) — Senator . aMlli(»r. ••ommif- tee recommends, do pass (then follows the same language as given above I. Immediately after the presiding officer has stated that the bill NV>tf:. — If there are not 21 votes In th<» afflrmatlvo, that l«. voUiik ay<' nn tli« hill. thf I'l ••-'iil> Ml iiwi« tin- fr.llfiuirif Imiilmi .i-i. ••■|"lw .^.Mi.ili- I.'fiiMi'S tii ]<:\HH SrIl.lUi Sill N.. ISO LEGISLATIVE MAXL'AL VXD FORM BOOK. lias passed, lie says. "Are there any aineiulments to the title? Bein^ none, the title stands approved. Bill Avill be tran.sinitt.'d to the Assembly. ' ' The question liable to arise on third reading : First : A Motion io Bccoiisidrr. It may occur where a bill is contested and the vote is close, and may have passed or have been refused passage, that the losinp- side will de.sire another vote to be taken before the bill is tinally disposed of. The Senator Avho has voted with the prevailing side (which may either be that side that had voted for the passage of the bill. iflncJi received iweniii-one or more votes, or that side which opposed the bill that (lid not receive the required twentij-om or more votes) can give notice that on the next legislative day he will move for a reconsideration of the vote whereby the bill was pa.ssed (or was refused passage, as the case may be). This notice precludes the bill from being sent to the Assembly or otherwise disposed of, until the conclusion of the following day or that time during the following day when the reconsideration is made. In the event of a notice of a motion to recon- sider not being taken up. the close of the legislative day places the bill in the same condition that it was before the notice was given on the preceding day, namely, that it shall be immediately traiisinitt'^-l to the other house. PART 11. THE TITIRD-READIXG FILE— ASSEMBLY BILLS. Where Assembly bills have reached the stage of third reading, they are on the third-reading file, and are treated in exactly the same man- ner as a Senate bill is, but in the event of amendments having been made to the bill, the question on passage is, "Shall As,srml)ly Bill Xo. be pas.sed as amended in Senate?" And the message is that the "Bill has been amended and passed as amended: and the Senate requests that the As.sembly concur in said amendments." Presuming that the A.ssembly refused to concur in these amendments, it requests the Senate to recede therefrom. Should the Senate refuse to recede it notifies the Assembly of such refusal, and asks that a com- mittee of conference be appointed to consult Avith a like committee appointed by the Senate. This Committee on Conference constitutes three members from each house. The bill is then given to this Com- mittee on Conference, after the Assembly has been notified that the President has named the Senate Committee on Conference. The Committee on Conference reports back to each house the result of its conclusions, in so far as the amendments are concerned, recommend- ing either that the Senate recede or that the Assembly concur in the amendments. If no agreement can be reached, they report to that effect, and ask that a Committee on Free Conference be named. This Com- mittee on Free Conference consists of a like number as the Committee on Conference. Their consultation is of a like character to the Com- mittee on Conference, but with the additional powder of being permitted to propose further amendments. In the event of a disagreement on the part of the Committee on Free Conference, the committee so reports to their respective houses; the report can be accepted as final, or the committee may be discharged and other ccmfreres appointed, but no member having previously served on the conference committee shall be LEGISLATIVE ilAXUAI. AND FORM BOOK. 181 appointed to consider the same J)ill. The same proeednre may he had on any report made hy a Committee on Free C'oiiferenee. hnt tlie report made is not suhjeet to amendment in eitiier honse. In the event ot" no final agreement on a hill throngh Free Conference, the hill ends its existence. The .joint rnles of the f(n-ty-tirst session of the California Legislature require an affirmative vote of not less tlinn four memhei-s of the committee to agree upon a report. Should a compromise he effected hy either the Committee on Confer- ence or the Committee on Free Conference, they so report, and their report must he adopted; and after the hill is printed, if there are any changes in the hill as passed in the house of its origin, the house of origin orders it to enrollment. PAKT IIT.— SECOXD-KEADlXi; FILE. In their regular order the hills reach the si coiKhrradiiif) ph on the day suhseiiiient to the day that they are reported from the committee to whieh the\- have been referred. After giving the number of l)ill on file, tiie nuuiher of the bill, the author's name and recommendation of the committee, the President directs the Secretary to read the hill by sections. Secretary then reads section 1. On its conclusion, the President says, "Are there any amendtneiits to section 1.'"' On conclusion of each section he uses the same language. If there are connnittee amendments attached to the bill, they are considered in their regular order and adopted or re- jected, the announc(^inent of which }-esult is made after the considera- tion of each amendment. The President's last notice is. "Are there any amendments to tin hill/" Following this. Ik^ says. "The bill (if amended "shall be printed') is ordered engrossed to lliird readiuL"". " The i!<-.\t nuinher on the file is lakeii n|> in the same nianiiei' and tlie same language is used. In the event that at an.v time there is an objec- tion mad»- from the routine of the iieneral order of business, it must he mad<- on mution of the Semite: l)ut the objiM-tion on the jiart of any one menilter gives the President no alternative but a roll call (if demanded by three Seiiators). the question beinir on temporary suspension of rules. A tempoi'ary suspension re(|uires twent\-seven votes aiul is only api»licable to the (piestion then under del)ate. or the snltject inider discus- sion, anrl ean not be applied tn any other or subseqnent motion, resolu- tion or net. If the I'oll is not in itself pertainalije to llie eondilions. a imtiee must be given of r^ie day on the pai't of some Si'nator to the etVeel that on the ne.xt legislative day he will move to eluinge or reseind the rnii- arfectfil. LEGISLATIVE MANUAL AND FORM BOOK. 183 GENERAL IiNDEX, ABSENCE— Sec. leave of. (Form) 32 of members visiting; public institurions. (Senate and Assembly Kules) 203 ACTION— former reconsidered. (Form) 247, 280 former rescinded. (Form) 248. 2W ADMISSION— to floor. (Asseinlily Ittile) ."il2 ADJOURN— motion to. (Assemldy Rule) 29!) power of Governor to. (Constitution) 424 ADJOI'RNMENT— daily. (Form) 20 from day to day. (Constitution) 21 for constitutional recess or sine die. (Form) 40 for constitutional recess or sine dir. (Joint Rule) 22 ALIENS— Power of Legislature to rejiulate. (Constitution) 108 AMENDATORY ACT— when void 138 AMENDMENTS— consideration of Assembly. (Form) 283 effect of. (Political Code) 134 from floor. (Form) 27.~i of bills requiring two-thirds vote. (Assembly and Senate Rules) 2(iS on third reading, may commit. (Assembly and Senate Rules) 270 revision. (Constitution) 131 substitutes, when in order. (Senate Rule) 26.'"» substitutes must be germane. (Assembly and Senate Rules) 260 substitute regarded as. (As.sembly Rule) 264 to amended bills must be attached. (Joint Rule I 271 to concur or refuse to concur. (Joint Rule) 272 to original question. (Senate Rule) 269 to title. (Form) : 279 APPEAL— from decision of tin- cljair. (Form) . •'•"0 APPROl'R lATION— bills. (Form) l-'O bill, reference of before second reading. (Senate and Assembly Rules I 1.S4 how made. (Constitution) 141 general bill, what to contain. (("f)nstilutioii ) 142 proceedings toiiching in()nry. to lif i onsidired in committee of wln>]e. (Assembly Rule) 1!»2 restriction on and grants of aid. (Constitution) 144 special bill, restrictions as to. (rVmstitulion ) 143 APPROVAL— of l)iljs l)y (Jovci-iioi- — jiass.'igi' o\< r m'Io. ( ( 'oMsliiution") l'-('i ASSE.MP.LY— disiricis. (('oiistilulion) ■••'7 officers of the. (Prditical Code) 1'"' oi-srani/.alion of. (Political <'ode) 1" ASSK.MI'.LVMEN iiii-liu'ibh' to ci':laiii oflic"-. ( ( 'mi- 1 i' iil inn ) •"••'•' niiMiln'r of. ( < 'onstil lit ion ) ■'••'• .\SSE.MRLE ANT) PF/riTIO.V right to. (('oiistiliiiioii ) ' ' 184 LEGISLATIVE MAXCAL AND FORM BOOK. ATTACHES— Sec. assigument of. ( Asspinl)ly Kule) 474 etc. (F<>nn> 458 AYE8 AND NOES— calliny for vote. (Assi'inhly Rule » 338 (lemanrled. (Form) 34G meiulvers imist answer — u'o vote after amiounoement of result. (Senate Rule) -^-^^ BILLS— approval of. (rolilical Code) 428 appropriation, case of ursency. (Form) 157 addina; new code section. (Form) 152 amendins- existing code section. (Form) 153 umendinn a jjeneral law. (Form) 15.> after heinu' passed by Senate or A.ssembly. (Joint Rule) 257 Asseml)ly. disposition of. (Senate Rule) 258 amended, form for printing. (Senate and Assembly Rules) 496 attainder, ex post facto law, obligation to contract. (Constitution) 43 eotle sections, how amended. (Senate Rule) 151 companion, withdrawal of. (Form) 2(}3 consideration of (out of order). (Form) 15."'» endorsement of. (Joint Rule) 1G4 how referred. (Senate and Assembly Rules) 181 introduction of. (Senate Rule) 166 introduction of by committee. (Assembly Rule) 167-168 introduction of after constitutional recess. (Senate and Assembly Rules)— 5(3 introduction and first reading of. (Form) 171,188 joint resolutions, treated as. (Joint Rule) 165 origin and passage of. (Constitution) 130 or resolution, from one house, rejected in the other, requires notice. (Joint Rule) 260 passage before constitutional recess. (Joint Rule) 285 prin.tiug. numbering of lines. (Joint Rule) 494 printing extra number of. (Assembly Rule) 498 repealing a code section. (Form) 154 request for introduction of. after constitutional recess. (Form) 173 referred otherwise than by presiding officer. (Senate and Assembly Rules) 181 redrafting of. (Senate Rule) . 199 reprinting of amended. (Senate Rule) 232 recall from committee. (Form) 245 recall from print, engrossment, or from Assembly. (Form) 246 re-reference of. (Form) '•• reading of. (Senate Rule) 223 read and reference to committee. (Joint Rule) 256 reference of appropriation, before second reading. (Senate Rule) 2.30 received liy the Governor must bo indorsed by his private secretary. (Political Code) 427 returned without approval. (Political Code) 420 return, when Hou.se not in session. (Political Code) 430 remaining with the Governor more than ten days. (Political Code) 4.31 second reading of. (Form) 236 second reading of (out of ord«-r). (Form) 237,274.276 Senate, disposition of. (Assembly Rule) 259 signature of officers when enrolled. (Joint Rule) 456 second reading of. (Form) 273 taken up out of order. (Assembly Rule) 229 third reading of. (Formt 238 urgency section. (Form) 157 use of word '-bill." (Joint Rule) 163 LEGIST,ATIVE MAXfAI- AXD FORM BOOK. 185 BILLS— ((.ntimiod. Sec. wirhilrawal of. (Form) 175 wliat piluted in .Touinal ou first roadiiiff. (Senate Rule) 492 when printed to be placed on desk. (Senate Rule) 479 BRIBERY— disqualification for. (Constitution) 113 BUDGET. PREPARATION OF STATE— claims ajiainst State to be filed with Controller 14S Controller to send blanks to heads of departments 14G Controller to send blank.s to Senators and members-eleet of the Legislature-- 147 Controller to furnish tabulated statement 149 CALL— of Senate or Assembly. (Form) 240 of the house. (Assembly Rule) 343 CALLING— to order. (Senate Rule) 450 CHAMBER— u-se of Assembly. (Assembly Rule) 515 use of Senate or Assembly, granted. (Form) 51S CHIEF CLERK— duties of. (Assembly Rule) 473 duties of. (Political Code) 459 shall endorse bills. (Joint Rule) 470 to carry messages. (Joint Rule) 251 to keep register. (Joint Unlet 409 CODES— how cited, etc. (Political Code. Civil Code. Code of Civil Procedure. Penal Code) 128 construction of the. (Political Code. I'enal Code, Civil Code, Code of Civil Pnx-edure) 123 COMMITTEE REPORTS, sec REPORTS- COMMITTEES- additional standing. (Senate and A.ssembly Rules) . 179 amendments, how made. (Senate Rule) 198 appointment of. (Senate and Assembly Rules) 177.454 appointment of standing, of Legislature. (Political Code) 442 appointment of free conference. (Form) 289 a|)pointment of special, on joint rules. (Form) 180 duties of Judiciary. (I'olitical Code) 208 introduction of bills by. (Assembly Rule) 200 joint meetings of. (Joint Rule I 201 meetings, notice of. (Asseml)ly Rule) 202 of Legislature, appointment of standing. (Political Code) 170 of one. report of. (Form) 277 of the whole, how formed. (Ass<^'mbly Rule) 193 on revision and j)rinting. (Joint Rule) 210.49.'! on contested ele<'tions. (A.ssembly Rule) 212 on conference. (Joint Rule) 287 on free conference. (.Joint Rule) 288 on conference, ajipointment of. (Form) 291 on conference, report of. (Form) 290 other than Judiciary, reporting favoriibly on a bill, effect 209 reference of executive communications and nominations. (Senate Rule) 187 reports f)f revision. (.Toint Rule) _. 211 n-port of. on Engrossment and lOnrolhiient. (Form) 22"_' report of standing. ( Foriiu . -_174 and "Joi! report on conference. ( I"< iin i "J'.to mid ■_".»2 rules in committee r>f whole. (Senate ami .Assembly Rules) 19J «peci;il. re|Mirt rif. ( l-'o|-|n I 207 186 LEGISLATIVE MAX UAL AXD FORM BOOK. COMM ITTEES— Continued. Sec. standing and joint. (Joint Rule) 178 standing, what constitutes quorum. (Senate Rule) 196 standing, report of. (Form) 206 when shall report. (Senate and Assembly Rules) 197 wlien conference report is in order. (Joint Rule) L18S ways and means. (Assembly Rule) 213 COMMUNICATIONS— ( Form) 35 COMPENSATION— extra, and payment of, prohibited without express sanction of law. (Constitution) 145 for services after close of session. (Political Code) 46S of other otiicers and employees — salaries of officers and attaches of the Senate and Assembly. (Political Code) 4(>7 of otiicers and jurors. (Constitution) 72 of members of Legislature — Legislative expenses limited. (Constitution! .520 per diem and mileage of members of Legislature. (Political Code)-- 521 CONCURRENT RESOLUTIONS— Sec. (Assembly and Senate Rules) 169 distinguished from Joint. (Joint Rules) 159 (Form) 102 how distinguished from bills. (Joint Rule) 15S introduction of. (Form) 172 CONFERENCE— appointment of committee. (Form) 2S9 committee on. (Joint Rule) 289 report of committee. (Form) 290 when report is in order. (Form) 288 when Senate and Assembly refuse to concur. (Joint Rule) 285 CONFERENCE. FREE— appointment of committee. (Form) 291 committee on. (Joint Rule) : 287 report of committee on. (Form) 290 CONSTITUTION— how amended. (Constitution) 106 CONSTITUTIONAL AMENDMENT— (Form) 160 how distinguished from bills. (Joint Rule) 158 President and Speaker to appoint committees to prepare arguments on. (Political Code) 442* (Senate and Assembly Rules) 169 CONSTITUTIONAL CONVENTIONS— (Constitution) 107 CONSTITUTION MANDATORY— (Constitution) 45 CONTINGENT EXPENSES— of Assembly. (Assembly Rule) 185 of Senate. (Senate Rule) 186 CONVENING— of Senate and Assembly, daily. (Form) 28 CORPORATION— bank, only under general laws — no bank currency. (Constitution) 77 business limited by charter; term of holding real estate. (Constitution) 80 extension of franchise of — remission of forfeitui'e. (Constitution) 78 foreign. (Constitution) 84 general laws as to formation of. (Constitution) 76 property subject to condemnation — police power not abridged. (Constitution) 79 place of business of — books. (Constitution) 83 transfer of fi-anchise does not relieve from liabilities. (Constitution) SI LEGISLATIVE MANUAL AND FORM BOOK. 187 CORrORATIOX STOCK— Sec. State not to own. (Coustitutionl . S2 CorNTIES— formation of new. (Constitution) 70 '.>2 DEBATE— and decorum. (Senate Rule) 314 calling- to order for offensive wox'ds in. (Assembly Rule) 324 dispensing with joint rules. (Joint Rule) o27 motions not debatable until seconded and announced. (Senate Rule) 31S not permissible on reading: of a paper, if objected to. (Senate Rule) 319 not permitted on motion to rise from Committee of Whole. (Assemblj' Rule) 195 precedence of questions in. (Senate Rule) 317 precedence of motions during:. (Assembly Rule) 328 ]>ermissible. on motion to reconsider. (Senate Rule) 303 when not allowable. (Assembly Rule) 329 DEBT— no imprisonment for. (Constitution) 42 DIVISION— and count of house. (Assembly Rule) 341 of questions. (Form) 340 of question. (Assembly Rule) 2M7 DUTIES— of Secretary and Clerk. (Political Code) ^ 4."i9 of Assistant Secretary and A.ssistant Clerk. (Political Code) 462 of Minute Clerk. (Political Code) 463 of Sergeant-at-Arms. (Political Code) 404 of Assistant Serg:eant-at-Arms. (Political Code) 405 of officers at close of session. (Political Code) 466 of Superintendent of State I»rinting. (Political Code) 4S2 EDICATION— State board of — free textbooks. (Constitution) <;0 Legislature to encourage. (Constitution) til EIGHT-HOUR— day on i)ublic work. (Constitution) 119 ELECTIONS— and appointments by the Legislature. (Political Co r'turn>. — trnnsmission and pultlicntion Mdicitiim or dcniandin;: thai a candidati- vote for or against nny iii.!i>:iir.' or liill. ( P.-inil Code) •'!''|-' tninsniiKsion and publication of. (ConRtilution) <' who nniv contest. ( Pfdilir nl ('ode) •"''"'•> ISS LEGISLATIVE MANUAL AND FORM BOOK. KLIXTIUNS, CO.XTKS'l'KD Sf.c. compellins- atteiulaucc of wiiiic.-srs. (Political Code) ;>!>!• coininission to take testimony. (Political ("ode) 3(iT depositions in. (Political Code) o74 fees of officers.' (Political Code) o72 t'nrther evidence may lie taken. ( I'olitical Code) oTr* .ui-cnnds of contest of election of Governor to be .stated in petition. (P(>litical Code) oTT .indument of committee in case of (loveruor. (Political Code) 38o notice of choice in ca.se of Governor. (Political Code) v'Sl notice to per.son interested, by whom served. (Political Code) o(!S notice to respondent in case of Governor. (Political Code) 378 notice to the hon.ses in ca.se of (Jovernor. (Political Code) 37!t l)o\vers of committee in case of Governor. (I'olitical Code) .■)S2 testimony, how taken. (Political Code) 374 no property qnalification of. (Constitution) 47 nnlawful offers to procure offices for. (Penal Code) .361 EMINENT DOMAIN— harbor frontase subject to. (Constitution) 100 EMPLOYEES, ETC.— (Form) 458 EXACTING CLAUSE— (Constitution) 129 ENGROSSING— and enrolling bills, order of. (Senate Rule) 219 and enrolling- bills, order of. (Assembly Rule) 221 bills to be examined and reported. (Senate Rule) 220 provision for. (.Joint Rule) 218 ENROLLING— bills to receive signature of proper officers. (.Joint Rule) 214 committee to compare. (.Joint Rule) 215 committee to present bills to Governor. (Joint Rule) 217 EQI-ALIZATION— State and county boards of. (Constitution) 93 EXECUTIVE COMMUNICATIONS AND NOMINATIONS— to committee. (Senate Rule) 187-437 EXECUTIVE SESSIONS— (Senate Rule) 29.5-513 EXISTING LAWS— provisions similar to — how construed. (Political Code, C(xle of Civil Procedure, Civil Code. I'enal Code) 124 EMISKZZLKR— of public funds, ineligible lo office. (Constitution) .3.51 FEDERAL OFFICERS— ineligible to State office — exceptions. (Constitution) 3.50 FEES— for witnesses. (Assembly Rule) 205 of jiulicial officers abolished. (Constitution) 58 LEGISLATIVE MANUAL AND FORM BOOK. 189 FILE— Sec. cousideration of daily — third reading of Sonato and Assemblj- bills. (Form) 239 general: its hours — special order of hill on fih'. (Senate Rule) -2i"> order of making. (Senate and Assembly Rules) 224 order of making, special. (Assembly Rule) 227 special. (Joint Rule) 226 FISCAL YEAR— (Constitution) m FISH— right to. (Constitution) ■i''^ FOREIGNERS— ineligible to citizenship, immigration of. to be discouraged. (Constitution) 109 FREE TEXTBOOKS, sec TEXTBOOKS. FREE ('ONFERENCE. .sec CONFEiRENCE. GOVERNOR— power of the, to grant reprieves, commutations, and pardons. (Penal Code) 433 power of. in respect to convictions for treason. (Penal Code) 4.S4 to communicate to Legislature reprieves, commutations and pardons. (Penal Code) -iS^ veto sustained. (Form) "^■1^'^ when to adjourn Legislature. (Constitution) 424 GATEKEEPER— (Senate Rule) -^^^ GENERAL LAW— form for new l*^" GENERAL LAWS— as to bank corporations — no bank eurroncy. (Constitution) 77 as to formation of corporations. (Constitution) 7G as to inspection of merchandise. (Constitution) 7o HEALTH— State board of. (Constitution) _ ll'» HISTORY— of Iiills. resolutions and constitutional amendments. (.Toint Rule > .'02 HOMESTEADS- exemptions of. (Constitution) __ l*^"* IXCO.ME TAX. srr TAX. IXl»Ein'EDNESS— limitation of State. (Constitution) ^ lf*3 INFERIOR COFRTS- jurisdiction of and powers of judges. (Constitution) •j''' I^cgislatnrp to provide. (Constitution) -'^ IMPEACHED— wlio may be — other ollicers. KV>n.stitntion) •■•'^ I.MPEACIIMENT— articles how prepared — trial 1)V Senate. ( I'eiial Code) 4'"'0 (Constitution ) ■'•" defendant, after appearance, may answer or demur. (Penal Code) 4ti5 delivery of articles of. (Penal Code) •*'^T effect of judgment of sus)»ension. (Penal Code) ^ ^^- if denunrer is overruled, rh-f.-ndant nuist answer. (Penal Code)-- 4tMj lurisdiction of c(rurl of. (Code of Civil Proee!"' 190 LEGISLATIVE MANUAL AND FORM BOOK. Sec. orticers liable to. (Penal Code) .399 proceed iugs on failure to appear in. (Penal Code) 404 proceedings to impeach or remove officers and others preserved. (Penal Code) 398 presiding officer when Lieutenant Governor is impeached. (Penal Code) 414 Senate to be sworn. (Penal Code) 1 407 service in. how made. (Penal Code) 403 trial of. provided for in Penal Code. (Code of Civil Procedure) 397 time of hearing, service on defendant. (Penal Code) 402 two thirds necessary to a conviction. (Penal Code) 40S JOINT ADDRESS— to Governor. (Joint Rule) 438 JOINT RESOLUTIONS— distinguished from concurrent. (Joint Rule) 1.59 form for IGl how distinguished from bills. (Joint Rule) L58 (Senate and Assembly Rules) ; 169 JOURNAL— approval of. (Form) 3.3 each house to keep. (Constitution) 487 reading of. (Form) 31 second day when there has been a gubernatorial election. (Form) 27 what shall be printed in. (Senate Rule) 489 when not in Committee of Whole, proceedings to be entered. (Senate Rule) ~t(H LANDS— holding of unimproved, against public interest. (Constitution) ^ 10.~> LEGISLATURE— limitations upon power of. to enact laws. (Constitution) 50 time and place of meeting of. (Political Code) 4 LENDING— public credit prohibited. (Constitution) .jl LIEUTENANT GOVERNOR— to have casting vote. (Constitution) 331 or other presiding officer in the chair. (Form) 29 LOBBIES— President may order cleared. (Senate Rule) 452 LOBBYING— (Assembly Rule) 509 defined — punishment for. (Constitution and Penal Code) .5.39-.540 (Senate Rule) 510 LOTTERIES— aid to. prohibited. (Constitution) 133 MECHANICS' liens. (Constitution) 117 MEETING— hour of. (Senate and Assembly Rule) ^ 23 MEMBERS— absenting themselves. (Assembly Rule) 523 at Clerk's desk. (Assembly Rule) 339 excused from voting. (Form) 348 explanation of vote by. (Form) 347 number and designation of. (Political Code) 1 personal explanation by. (Assembly Rule) 3.30 privilege of. (Constitution) 519 protest of. (Assembly Rule) 294 term of office of. (Political Code) 2 LEGISLATIVE MAXUAL AND FORM BOOK. 191 MESSAGES— Sec. from the Goveruor. (Form) 4.30 from Governor to Legislature. (Constitution) 423 from the other House. (Senate and A&sembly Rules) 25.j from Assembly or Senate. (Form) 261-282 from A.s.^embly. requesting Senate to recede. (Form) 2S4 must be announced by the Sergeant-at-Arms. (Joint Rule) 2.">3 MESSENGERS— from the Goveruor. may be introduced. (Senate and Assembly Rules) 4^^^^ may be introduced. (Senate and Assembly Rules) 2.")4 MILITIA— I Constitution) . (iO MINIMUM WAGE— for women and minors. (Constitution) 120 MISCONDUCT— in office — corrupt practices. (Constitution) 114 MOTION— confirming appointment of Goveruor. (Form) 440 ( Form) 50G -52t3 not to be debated until seconded and announced. (Senate Rule) 31S notice to reconsider. (Form) . 308 notice to adopt resolution. (Form) 300 order of questions to refer. (Senate and Assembly Rules) 183 to l)e stated by Speaker, if desired shall be reduced to writing, or may be withdrawn. (Assembly Rule) 208-440 to lay on the table. (Form) 307 to re-commit. (Fonn) . 100 to reconsider. (Form) '. 310 to refer. (Form) 101 to re-refer. (Form) 180 to refer to special committee of one. (Form) 277,278 \\ ithdrawn. (Form) 313 MUNICIPAL— improvfMiints. no delegation to private corporations — exception. (Con- stitution) 74 .AIUXICIPALITY— uiily. can tax for municipal purposes. (Constitution) 73 XA\I(;AP.LE WATERS— people shall always have access to. (Constitution) 101 XOTICES— of motion to ado[)t resolution. (Form) 3(>."t motion to reconsider. (Form) 308 to Ite.in writing under proper signatures. (Joint Rule) 2o0 XnilCE OF REMOVAL— by and to whom given. (Political Code) . _-- ■"•S"> X(J.M I NATIONS— to Senate must be in writing. (Political Code) l-!2 ( >.VTHS— of Governor and Lieutenant Governrtr. (Political CoER.\TIOX— of l)ills sfnt to .Vssembly. (Scuali' Uiilr-) 301 notice of. ( Senate and .Vssembly Riib-s) 300 upon noticf, S<'litical Code) 400 wli.'ii joiiii. ialii> eflect 140 RICIITS reserved by people. (Constitution ) 40 ROLL CALL— or.lered. (Form) _„ 344 KonKRTS TO <;()VERN— in cases not providiHl for. (Senate and Assembly Rules) 293 RULES— ("ailing memi)ers to order when transgressing. (Assembly Rule) 323 dispensing with joint. (Joint Rnlc) 527 for govirnment of the Legislature. (Constitution) 20 in Committee of Wliole. (Senate and Assemblv Rules) 194 RES K; NAT IONS- to whom made. (I'olitical Code) 384 SCHOOL- system, common. (Constitution) 64 .system, support of. (Constitution) 65 SCHOOLS— county superintendent of. (Constitution) 62 no public money for sectarian. (Constitution) 67 SECOND READING— of l»ill and final question thereon. (Senate Rule> 231 SECRETARY— and Clerk shall endorse bill. (Joint Rule) 470 and Clerk to keep register. (Joint Rule) 469 rluti«^ of. (Political Code) 4-59 duties of. (Senate Rule) 471 to carry messages. (Joint Rule) 251 SENATE— called to order by President. (Senate Rule) 25 ot1icei-s of the. (Political Code) _. 1.5 organization of. (Political Code) SENATORS— attendance, duties and obligations of. (Senate Rule) .522 election. (Political Code) 3.55 entitled to floor. (Senate Rule) 315 inelisible to certain offices. (Constitution) : 349 number of. (Constitution) 3.56 in the chair. (Form) 29 term of, qualifications of members of Legislature. (Constitution) .354 when called to order, must sit down. (Senate Rtile) 316 SENATORLVr.— districts. (Constitution) ^ . 3.57 SERGEANT-AT-ARMS— duties of the. (Assembly Rule) 475 assistant, to be doorkeepei*. (Assembly Rule) 477 expenses of. (Assembly Rule) : — 476 (Senate Rule) 47S LEGISLATIVE MANUAL AND FORM BOOK. 195 SESSIONS— Skc. Governor may couveue. (Coustitution) 425 of the Legislature. (Constitution) 'A open doors and secret. (Constitution) .jOS SHORTEST TIME— and least sum to be used in filling blanks. (Assembly Rule) 'JOT SMOKING— in chamber. (Senate and As.sembly Rules) ol4 SPEAKER— may order the galleries and lobby cleared. (Assembly Rule) 446 per diem, etc.. of. (Political Code) 441 to appoint members to prepare arguments ou Constitutional amendments 442i to call House to order. (Assembly Rule) 447 to decide who is entitled to place. (Assembly Rule) 448-322 to have direction of chamber: may call any member to the chair. (Assem- bly Rule) 444 to preserve order: to decide points of order: and luay sjieak to same. (Assembly Rule) 443 to sign bills. (Joint Rule) 4.j7-21G to sign resolutions, etc., attested by the Clerk. (Assembly Rule) 445 SPECIAL ORDER— con.sideration of. (Form) 244 (Form) 242 reset. (Form) 243 (Senate Rule) 228 SPECIAL LAWS— and local prohibition. (Constitution) 132 STATE— higlnvay system autliDrizetl. ( ( "onstitutiuii I 53 school fund. ( Constitution I 03 STATUTES— certain, preserved. (Political Code. sec. 10; Penal Code, sec. 23) 127 construction of. (Political Code) 135 take effect, when 13!) SUITS— airainst Slate. (Constitution) 112 SUSPENSION— of rules. (Form) ' 530 SUSPENDING— or changing Senate rules. (Senate Rule) .520 and changing Assembly rules. (Assembly Rule) 52S TAXES— income, may !)>• li'\ii-d. ( ( 'insi itui ii)n i ._ 05 lioll. none to be levied. (Constitution) 0<> I)ayinr'nt of real property, by installments. (Constitution) 01 'l.\.\ATION— basis of. for Stair purpus.s. ( ( ■unsiitut ion ) 00 contract impairing power of. rurbidden. ( ( 'onstilution) '.K) duty of I.,egislature to fiiU Adjournment, daily 29 for constitutional recess or sine dii 40 Amendments, consideration of Assembly 28o from floor -~-> to title 270 Appeal, from decision of the chair 3,00 Appropriation, bills !•>" Attaches, etc.. 4.5S Ayes and noes, demanded 340 Bills, appropriation, case of urgency 157 addin;^ new code section l-^-' amending existing code section loo amending a general law 15.5 comjianion. withdrawal of -. 26.3 consideration of (out of order) 155 introduction and first reading of : 171. 18S repealing a code section 154 request for introduction of, after constitutional recess 173 recall from committee 24.> recall from print, engrossment, or from Assembly 24(j re-reference of ^•* second reading of 23G second reading of (out of order) 237.274.270 third reading of 2oS uru'cncy .section , l'>7 withdrawal of 175 Call, of Senate or Assembly 240 Chamber, use of Senate or Assembly, granted 518 Committees, appointment of free conference 28!' appointment of special, on joint rules 1'8<^' of one. report of 277 on conference, appointment of 291 on conference, rejjort of 290 report of. on Engrossment and Enrollment 222 report of standing 174 and 200 rciK)rt on conference 290 and 292 special. re|)ort of '. 207 stan^ i;)S LEGISLATIN K :MANTAL AND FORM BOOK. .Tuiinial, iiiii>i(pval of =- «*«> rtnuiiii}; of ^^ soooiul liny when there has been a guberpatorial elections 27 hi.'uti'uaut Governor, or other presiding officer in the chair 29 .Members, excused from voting 348 e.xphinntion of vote by 347 Messngo.s, from the (Joveruor 435J from .Vssombly or Senate 2G1-282 from .Vssembly, requesting Senate to recede 284 Motion, confirming appointment of Governoi' 440 notice to reconsider 308 notice to adopt resolution 309 to lay on the table 307 to re-commit 190 to reconsider 310 to refer 191 to re-refer 189 to refer to special committee of one 277, 278 withdrawn 313 .Notices, of motion to adopt resolution 309 motion to reconsider 308 Order, point of . 305 Ory:auization of Senjite or Assembly 26 IVrsonal iirivilege, question of 304 I'ctitions 34 I'rayer 30 I'resident, or Speaker pro tem. in the chair : 29 Press,, representatives 516 I'rinting, motion for rush order 506 rush order 507 I'rivilcge, of floor. Senate and Assembly 517 Itocess. hour of extended 36 Reconvened 38 Reports, of Committee on Engrossment and Enrollment 222 of special committees 207 of standing committees 174 and 206 of Committee on Free Conference 292 of Committee on Conference . 290 Roll call, ordered 344 Senators, in the chair 29 Special order, consideration of 242,244 reset 243 S\ispension, of rules 530 Vnanimous consent, granted 249 Urgency, case of (appropriation bill) 241 Veto, of Governor, sustaining 440J Voting, explanation by member 347 meml)er excused from .348 on day subsequent to 310 ^ .^^■ % IVER% ^lOSANCEl^x T» o , ^ Q - ( -^ ^•lOSAUCEUfo^ CO ;> ^OFCAIIFO/?^ vr ^ ^ V?/ >&Aavaan-i^^ ^' AWEUfilVERS//, IIF0%^ ^.OF-CALIFOff^ ,5.WEUNWER% <: ^lOSANCElfj-^ o "^/sajAiNa-i^v vr ^lOSANCElfJV. ^/^ajAiNnrnv" ^I-IIBRARYQ^ ^d/OJIlVDJO-^ ^•aOJIWDJO^^ ^WEUfJIVERy//, '> vsV -r' O li- -p O 2 u- ^lOSA.»JCElfx>>, ^OFCA1IFO% ^.OF-CAllFOMj^ vSUV^"^ "^/^il^AlNrtJ^V^^ o (^ vr v<^ ^. ■< ^^Aavaaii# ^6'Aavaaiii^'^ (' Universiiv oi Cai L 006 211 698 3 UC SOUTHERN REGIONAL LIBRARY FACILITY AA 000 813 770 5 v^^ op-cm;- -Cn- vr ^(^Ayvaani^'"' '^^o: ^\\c iiiiiv Tr) - ^'AllIBRA: ^/sa]AiNn 3v\v^ ivAvr.rrrr IIP.I?Ar;Y/0/ .sV.TIinflAnY^/ m