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Senate Concurrent Resolution No.7, relative to the State Engineer
devising a permanent plan for the disposition of the sewerage of the Deaf, Dumb, and Blind Asylum, and State University, in Alameda County.
[Adopted January 25, 1883.]
Disposition Resolved by the Senate, the Assembly concurring, That the of sewerage of Deaf, State Engineer be and he is hereby instructed to proceed Dumb, and immediately to the location of the Deaf, Dumb, and Blind lum, and Asylum, and the State University, in Alameda County, and University,
examine the same, with the view of devising a permanent plan for the disposition of the sewerage of those institutions, and to report as soon as possible to this Legislature a plan of said work, with a detailed estimate of the cost thereof.
Senate Joint Resolution No. 1, asking Congressional action on
behalf of the University of California.
[Adopted February 1, 1883.)
WHEREAS, The Act of Congress, approved July 2, 1862, do
pating one hundred and fifty thousand acres of public land to the State of California for an Agricultural and Mechanic Arts College (which donation was by said State conferred upon said University of California), required the investment of funds obtained from the sale of said lands, in safe stocks, yielding not less than five per centum upon the par value of said stocks; and whereas, in the present situation of financial affairs in this State it is impossible to comply with said conditions; be it
Resolved by the Senate and Assembly of the State of California, That our Senators be instructed and our Representatives
requested to use their best endeavors to have a law passed sity power to allowing the Regents of the University of California to invest
said funds in the safest and best possible manner; and be it further
Resolved, That his Excellency the Governor be requested to transmit a copy of these resolutions to each of the Senators and Representatives in Congress from the State of California.
Congress asked to grant the Regents of the Univer
Assembly Concurrent Resolution No. 13.
[Adopted February 9, 1883.)
Resolved by the Assembly, the Senate concurring, That our Restoration Senators in Congress be instructed and our Representatives crament of requested to use their influence and utmost endeavors in public lands Congress to procure such legislation as may be necessary to from settle restore to the Government all the public lands hitherto mentirosale withdrawn from settlement or sale for the benefit of railroads in this State in all cases where such lands have not been earned by the roads for which such withdrawal were made.
Resolved, That his Excellency the Governor cause a copy of these resolutions to be immediately forwarded to each of our Senators and Representatives in Congress.
Assembly Concurrent Resolution No. 15, concerning litigation to
determine the title to Mussel Slough lands in Tulare and Fresno Counties, California.
[Adopted February 9, 1883.] WHEREAS, A controversy exists between the Southern Pacific Preamble.
Railroad Company and the settlers of the Mussel Slough District, in Tulare and Fresno Counties, as to the title to the odd numbered sections of land claimed by the railroad company, but settled upon, improved, held, and made valuable by the occupants; and whereas, this controversy has already eventuated in a tragedy in which eight citizens lost their lives, and in the imprisonment of five men believed by the great majority of the people to be innocent of crime; and whereas, it is of vital importance to the State that the question of title over which this bloody tragedy occurred shall be settled for all time; and whereas, the settlers aforesaid claim that the said railroad company never had authority to build its road, and never was granted land to aid in its construction on its present line or within more than one hundred miles from where this tragedy occurred; and whereas, the said settlers insist that the patents issued by the Federal Government to the said railroad company are therefore voidable because of error or fraud in their procurement; and whereas, the said settlers assert that the withdrawal of these lands from settlement was in violation of law, and that they were thereby denied the right to file in the Land Office their preemption and homestead claims, and are also denied the right to attack in their own names the patents which
they allege should belong to them, but which are held by said railroad company; and whereas, one of the highest duties devolving upon a government is the protection of its citizens in all their rights; and whereas, the right to home and fireside is the dearest of all rights of man, as it tends. to bind closer the ties of family, upon which States are built and the welfare and happiness of the people thereof depend; and whereas, when the citizen of the State is unable to institute in the Courts proceedings for his own protection, it is the duty of the State to see to it that the barred door of justice be unlocked to his complaint, in order that it may be heard upon its merits; therefore,
set aside patents.
Resolved by the Assembly, the Senate concurring, That, in the requested to name of the State of California, the Attorney-General of the begin Geit to United States be requested to at once authorize the Attorney
General of the State of California to commence proceedings in the name of the Federal Government to set aside the patents held for these lands by the Southern Pacific Rail. road Company, to the end that the respective rights of the people who settled upon and improved these lands by virtue of and under the laws of the United States, as well as of the said railroad company, may be litigated, tried, and deter
mined. Compliance Resolved, That our Senators and Representatives in Con
gress, including our Congressmen elect, be requested to use all honorable means, either by personal application or by action of Congress, to secure on the part of the AttorneyGeneral of the United States compliance with these resolutions.
Resolved, That his Excellency the Governor of the State of California be requested to send a duly certified copy of this resolution to the Attorney-General of the United States, and to our Senators and Representatives in Congress and Congressmen elect.
Governor to send copy
Assembly Concurrent Resolution No. 1, relative to the law restrict
ing Chinese immigration and its construction by officers of the General Government.
[Adopted February 9, 1883.]
WHEREAS, By the late decisions of officers of the General
Government, the spirit and intent of the law restricting Chinese immigration have been violated and set aside, thereby permitting Chinese subjects to enter the United States for the purpose, apparently, of passing through the country on their way to China, but there being nothing to prevent their stopping while in transit, the objects of the law will be defeated and our State be again subject to a renewed invasion by that undesirable class of people; therefore,
sentatives to protest.
Resolved by the Assembly, the Senate concurring, That we Requesting request our Senators and Representatives in the Congress of sional Reprethe United States, to enter a protest upon the part of the State of California against such construction of the said law; and also request them to do all acts necessary to make such additional provisions to said bill which will prevent the attempted abrogation of the spirit and intent of said law.
Be it further resolved, That the Governor of this State be Governor to and he is hereby requested to transmit a copy of the above send copy. preamble and resolution and forward the same to each Senator and Representative in Congress from the State of California.
Assembly Concurrent Resolution No. 27, relative to requesting
our Senators and Representatives in Congress to use all honorable means to defeat the bill now pending in Congress for the purpose of allowing the Southern Pacific Railroad to be merged with other railroads.
(Adopted February 9, 1883.]
WHEREAS, There is now pending in the Congress of the Preamble.
United States a bill for the purpose of allowing the Southern Pacific Railroad to consolidate and merge its powers with any other company or companies; and whereas, the direct effect of such a bill becoming a law would be to change said Southern Pacific Railroad from a State into a Federal corporation, and to exempt said Southern Pacific Railroad from State control; and whereas, the effect of such a law would be disastrous to the best interests of the State of California; therefore be it
Resolved by the Assembly, the Senate concurring, That our Request to Senators and Representatives in Congress are requested to sional Repro
Congresuse all honorable means to accomplish the defeat of said bill; sentatives to and
Be it further resolved, That the Secretary of State be and he road "Billi. is hereby instructed to forward, by telegraph, to each Senator and Representative of the State of California at Washington the contents of this resolution.
oppose Southern Pacific Rail.
Assembly Concurrent Resolution No.7, relative to bills which take
effect immediately after they are approved by the Governor.
[Adopted February 12, 1883.]
Resolved by the Assembly, the Senate concurring, That one copy of every law taking immediate effect, in any way refer
taking immediate effect.
Distribution ring to Courts of justice or judicial offices, or to criminal or
civil procedure, shall, immediately after the approval of the same by the Governor, be forwarded by the Secretary of State to each Superior Judge, District Attorney, and County Clerk of the State of California, and that the State Printer be and is hereby directed to deliver to the Secretary of State two hundred copies of all bills as aforesaid for distribution, pursuant to this resolution.
Assembly Concurrent Resolution No. 11, relative to the State
Board of Harbor Commissioners and the Board of Pilot
[Adopted February 21, 1883.)
Investiga. tion of
Resolved by the Assembly, the Senate concurring, That the Harbor and joint Committees on Commerce and Navigation be and are Piletiomers hereby instructed to institute an investigation into all the
official acts of the Board of State Harbor Commissioners and the Board of Pilot Commissioners; and also to inquire into the question of towage and towage rates, and all other matters relative to the injury to the commerce of the State. For the purposes of such investigation, said joint committee is hereby empowered to take the testimony of witnesses, to administer oaths, and to examine all books, papers, and documents touching upon the subject-matter of inquiry, and said joint committee is hereby required to report to this Assembly at its earliest convenience the results of said investigation and inquiry.
Assembly Concurrent Resolution No. 16, relative to forfeiture of
lands granted to railroads, and their restoration to the public domain.
[Adopted February 24, 1883.] WHEREAS, Many millions of acres of the public domain were
granted by the Congress of the United States to aid in the construction of railroads, upon terms and conditions which have not been complied with, thus leaving them unearned, and the property, not of the railroads, but of the Government; and whereas, public policy and manifest right make it obligatory that these lands, now improperly held as subject to the conditions of pending grants, be opened to preemption and homestead by the homeless thousands of American citizens who so sorely need them; and whereas, notwithstanding the failure of the railroads to construct and complete their various lines within the time and upon the conditions set forth in the several Acts of Congress making these grants, the Land Department of the General