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No returns were received from the counties of El Dorado, Klamath and San

Bernardino.

Whole number of votes counted were: For Lieutenant Governor, 86,696.

John B. Weller having received a plurality of all the votes cast, was declared
by the president elected Governor of the state, for the term of two years.
Joseph Walkup having received a plurality of all the votes cast, was declared
elected Lieutenant Governor of the state, for the term of two years.

Its object having been accomplished, the president declared the convention ad-
journed, and the senators withdrew to their chamber.

Mr. Crane made the following report:

MR. SPEAKER:-The joint committee appointed to wait upon the Governor

and inform him of the organization of the two Houses of the Legislature, beg leave to report that they have done so, and were informed by the Governor that he had no special communication to make at this time, but that, on Thursday, (to-morrow,) at 2 o'clock, P. M., he would communicate his annual message to the Legislature. CRANE, Chairman Assembly Committee.

1

Mr. Caldwell offered the following resolution, which was made the special order for to-morrow, at 12 o'clock, M.:

Resolved, That to-morrow, at 12 o'clock, noon, we will proceed to the election of chaplain for this House.

Mr. Parker offered the following resolution :

Resolved, That the House now go into an election of speaker pro tem. of this House.

Mr. Warmcastle moved that the resolution be laid on the table.
Agreed to.

The following message was received from the Senate:

SENATE CHAMBER, January 6, 1858. MR. SPEAKER-I am directed to inform the Assembly that the Senate has this day passed the following concurrent resolution :

Resolved, By the Senate, the Assembly concurring, that a joint committee of three from each House be appointed, to wait upon the Governor and Lieutenant Governor elect, and inform them of their election, and ascertain at what time they desire the ceremonies of inauguration to be performed:

And have appointed as such committee, on the part of the Senate, Messrs. Rogers, Carpenter and Burch.

THOS. N. CAZNEAU,
Secretary of the Senate.

Senate concurrent resolution, referred to in the above message, was concurred in.

Messrs. Lee, Stakes and Davis were appointed a committee on the part of the House.

At 4 o'clock, P. M., the House adjourned, till 11 o'clock, A. M., to-morrow.

IN ASSEMBLY.

THURSDAY, January 7, 1858.

House met at 11 o'clock, A. M., the speaker presiding.

Roll called.

Journal of yesterday read and approved.

Hon. Messrs. Holladay, Hirst and Moore, appeared, and were by the speaker qualified as members of the Assembly.

The chair appointed Messrs. Havens, Smith of San Bernardino, and Street, to compose, on part of the House, Committee on Postage, agreeably to a resolution adopted yesterday.

The following message was received from the Senate:

SENATE CHAMBER,

January 6, 1858. MR. SPEAKER-I am directed to inform the Assembly that the Senate have this day concurred in Assembly concurrent resolution to appoint a committee of three to wait upon the Governor, etc., and have appointed on the part of the Senate, as said committee, Messrs. Ferguson of Sacramento, Dickinson, and Allen. Also, that they have appointed Messrs. Taliaferro, Burton, Rogers, Griffith and Thom, as a committee on the part of the Senate to act with like committee appointed on the part of the Assembly, on joint rules.

THOS. N. CAZNEAU,

Secretary of the Senate.,

Notices of bills to be introduced were given as follows, by:

Mr. Anderson, of a bill for an act amendatory of an act concerning county judges, passed April 27, 1855.

Mr. Lee, of a bill for an act for the suppression of mobs, insurrections, and other unlawful assemblages and organizations against the government of this state, and to fix the punishments of offences therein defined.

Mr. Neblett, of a bill for an act to alter and amend the statute concerning toll bridges and ferries, with regard to the notice of applications for license and renewal of license.

Mr. Young, of a bill for an act to amend an act passed April 25, 1857, entitled an act authorizing the Treasurer of State to issue bonds for the payment of expenses incurred in suppression of Indian hostilities in certain counties in this

state.

Mr. Clark, of a bill for an act to amend an act entitled an act to create a board of supervisors in the counties of this state, and to define their duties and powers, passed March 20, 1855.

Mr. Holman, of a bill for an act for the reduction of the price of school lands donated to the State of California and remaining unsold.

Mr. McCoy, of a bill for an act in reference to the salary of the district attorney of Santa Clara county.

Mr. Gray, of a bill for an act to provide for the equitable adjustment and final settlement of all outstanding unfunded claims against the city or the county of San Francisco which accrued prior to the first day of July, 1856, and for the final payment and redemption of the funded debts.

Mr. Safford, from Committee on Rules, reported as follows:

The Committee on Rules have had the same under consideration, and report the accompanying standing rules for the government of the House, and recommend their adoption.

Your committee have also had the joint rules of the Senate and Assembly under consideration, in connection with the committee of the Senate, and report the accompanying joint rules and recommend their adoption by the House.

N. P. K. SAFFORD, Chairman.

On motion of Mr. Safford, the House went into Committee of the Whole, Mr. Stakes in the chair, to consider the rules reported by the committee.

On motion of Mr. Lee, the committee rose to receive a message from the Gov

ernor.

The following message was received from His Excellency:

STATE OF CALIFORNIA, Executive Department, January 7, 1858. To the Honorable the Assembly of California:

}

The only communication which, before retiring from office, I regard as necessary to be laid before you, will be the annual message and accompanying documents. I deem it advisable to have printed copies of the same laid upon your desks at the time of its presentation. The non-receipt of such reports as should emanate from other branches of the executive department, has delayed me in the preparation of the message beyond my expectations and wishes.

In reply to the joint committee of the two branches of the Legislature, I signified my intention to present to their respective Houses such communication as I might desire to make, this day, at two o'clock, P. M., but I now find it impossible to do so; and, therefore, advise you of this necessary postponement, and that I will be prepared to-morrow morning at eleven o'clock to transmit such message. J. NEELY JOHNSON.

On motion, the House again went into Committee of the Whole to continue the consideration of the report of Committee on Rules.

Committee rose, and having recommended the adoption of the report as amended, were discharged.

Mr. Ballou offered as amendments to rule seventeenth to strike out the words in the fourth line, "city of Sacramento," and insert in lieu thereof, "capitol grounds."

Agreed to.

Mr. Safford moved a reconsideration of the vote by which Mr. Ballou's amendment was adopted.

The motion prevailed.

Mr. Lee moved to amend the amendment by striking out "capitol grounds" and inserting" within three hundred yards of the capitol."

Lost.

On the motion to adopt Mr. Ballou's amendment, the ayes and noes were demanded by Messrs. Crane, Sherwin and Warmcastle, with the following result:

AYES.-Anderson, Ballou, Banks, Briggs, Clark, Crane, De Long, Ferguson, Groom, Haldeman, Hamlin, Hancock, Harris, Heath, Hitchens, Hirst, King Lee, Lewis, Marshall, Mitchell, Moses, Neblett, O'Brien, Osgood, Palmer, Parker' Pearis, Pico, Shepard, Sherwin, Smith of Nevada, Smith of San Bernardino' Stakes, Stocker, Tatman, Tuttle, Walker, Ward, Willson, Young-41.

NOES.-Aud, Buel, Burbank, Caldwell, Cherry, Curtis, Davis, Edwards, Ely, Galbraith, Gordon, Gray, Graham, Havens, Hill of Nevada, Hill of Sierra, Hobart, Holladay, Holman, Howell, Kabler, Loofbourrow, Markley, McCoy, Minis, Ormsby, Safford, Sheridan, Simons, Spilman, Stout, Stratton, Street, Thomas, Tipton, Warfield, Warmcastle, Mr. Speaker-38.

So the amendment was adopted.

On motion, the house then went into Committee of the Whole, Mr. Lewis in the chair, to consider the report on rules.

After amending, the committee rose, reported back, recommended the adoption of the rules as amended and were discharged.

The report of the committee was adopted, as follows:

STANDING RULES AND ORDERS.

I.

MEETING.

The House shall meet each day of sitting at eleven o'clock, A. M., unless the House shall adjourn to some other hour.

II.

ORDER OF BUSINESS.

After the reading and approval of the journal, the order of business shall be as follows:

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7. Second reading and reference of bills.

8.

9.

10.

Introduction and first reading of bills.

Business on general file, and third reading of bills.
Unfinished business of the preceding day.

11. Special orders of the day.

12.

Motions and resolutions.

III.

It shall be in order for the Committee on Enrolled and Engrossed Bills to report at any time.

IV.

Messages from the Governor, state officers, and from the Senate, may be considered at any time by vote of the House.

V.

PETITIONS.

Petitions, memorials, and other papers addressed to the House, shall be presented by the speaker, or by a member in his place. 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 House shall determine.

VI.

BILLS.

Every bill shall be introduced by giving at least one day's notice, or by leave of two-thirds of the House, except such bill shall be introduced by a committee, in accordance with a rule of the House.

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