CHAPTER XXIV.

Senate Joint Resolution No. 8-Resolution relating to the purchasing and making free, by the United States government, of the toll roads over the Yosemite National Park, in the State of California.

[Adopted February 26, 1903.]

WHEREAS, The State of California did, in the years eighteen Preamble. hundred and eighty-five and eighteen hundred and eighty-nine, purchase and make free the portions of those certain three toll roads lying within the bounds of the grant of the Yosemite Valley (containing about thirty-six thousand acres), made to the State of California by act of congress, passed June thirtieth, eighteen hundred and sixty-four, said roads having been built into and over said grant by permission of the State of California, and the commissioners to manage said park, provided by said act of congress;

AND WHEREAS, The congress of the United States did, on October first, eighteen hundred and ninety, pass an act establishing the Yosemite National Park, containing about one million acres, in the center of which the said original Yosemite Valley grant lies, but did not provide for the making free of the said three toll roads which pass over said national park and into said Yosemite Valley, or for the making free of that certain fourth toll road which passes through said park, but not into said Yosemite Valley;

AND WHEREAS, The Yosemite National Park is visited annually by many thousands of Californians and others, and it is a matter of great importance to the people of the United States and particularly to the people of the State of California that these toll roads should be made free by the national government, and the anomaly of paying tolls in a people's park be done away with;

AND WHEREAS, Congress has appropriated for the Yellowstone National Park over $1,100,000, of which the sum of $257,800 was appropriated at the last session of the present congress, and has appropriated many hundreds of thousands of dollars for other national parks, but only the sum of $22,000 for the Yosemite National Park;

AND WHEREAS, At the 56th session of congress a special commission was created to examine and report upon the feasibility of acquiring the four toll roads in and about said park, and for the construction of other necessary new roads within said park;

AND WHEREAS, Said commission has reported fully as to the needs of said park and the amount of expenditure necessary therefor, and did recommend that the said four toll roads be purchased at the price of $208,750, before the national government construct any new roads; therefore be it

Favoring

Resolved by the senate and assembly, jointly, That the same free roads policy which induced the State of California to buy and make in Yosemfree the toll roads and trails in the California Yosemite Valley al Park.

ite Nation

grant should also influence the national government to buy and make free the toll roads which traverse the Yosemite National Park; and that our senators in congress be instructed, and our representatives be requested and urged, to take such action as shall result in the securing of proper appropriations at the present session of congress, in accordance with the report of said commission, for the purchase of these roads, to the end that said Yosemite National Park shall be made a park in fact, as well as in name, accessible to the people of the United States at all times.

Resolved further, That the chief clerk of the assembly be instructed to transmit by mail a copy of this resolution to the president of the senate and to the speaker of the house of representatives of the United States of America, and to each senator and representative of the State of California at Washington, D. C.

Personal

property exempt from

taxation.

CHAPTER XXV.

Assembly Constitutional Amendment No. 17-A resolution to propose to the people of the State of California an amendment to Article XIII of the Constitution of the State of California, by adding a new section thereto to be numbered section 101, in relation to revenue and taxation.

[Adopted February 26, 1903.]

Resolved by the assembly, the senate concurring, That the legislature of the State of California, at its regular session, commencing on the fifth day of January, anno domini one thousand nine hundred and three, two thirds of the members elected to each of the two houses voting in favor thereof, hereby propose that article thirteen of the Constitution of the State of California be amended by adding a new section thereto to be numbered section 10, to read as follows:

Section 10. The personal property of every householder to the amount of one hundred dollars, the articles to be selected by each householder, shall be exempt from taxation.

CHAPTER XXVI.

Assembly Joint Resolution No. 8, relative to requesting congress to call a convention for the purpose of submitting an amendment to the Constitution of the United States calling for the election of United States senators by the direct vote of the people.

[Adopted February 27, 1903.]

WHEREAS, A large number of state legislatures have at various times adopted memorials and resolutions in favor of election of United States senators by popular vote; and,

WHEREAS, The national house of representatives has on four separate occasions within recent years adopted resolutions in favor of the proposed change in the method of electing United States senators, which were not adopted by the senate; and,

WHEREAS, Article five of the Constitution of the United States provides that congress, on the application of the legislature of two-thirds of the several states, shall call a convention for proposing amendments, and believing there is a general desire upon the part of the citizens of the State of California that the United States senators should be elected by a direct vote of the people; therefore, be it

election of

States

Resolved, That the legislature of the State of California favors Favoring the adoption of an amendment to the Constitution of the United United States which shall provide for the election of United States Senators senators by popular vote, and joins with other states of the by popular union in respectfully requesting that a convention be called for vote. the purpose of proposing an amendment to the Constitution of the United States, as provided for in article five of the said Constitution, which amendment shall provide for a change in the present method of electing United States senators, so that they can be chosen in each state by a direct vote of the people, and the request of and consent to, the calling and holding of such convention, as hereby made and given, is limited to the consideration and adoption of such amendment to said Constitution as herein mentioned and no other.

Resolved, That a copy of this concurrent resolution and application to congress for the calling of a convention be sent to the secretary of state of each of the United States, and that a similar copy be sent to the president of the United States senate and the speaker of the house of representatives.

CHAPTER XXVII.

Assembly Joint Resolution No. 14, memorializing our senators and representatives in congress to secure a reconsideration of the order of the federal authorities, transferring the Spanish archives from San Francisco to Washington, and to secure if possible, the transfer of said archives to the State of California.

[Adopted February 27, 1903.]

WHEREAS, The secretary of the interior, through the U. S. land commission at Washington, has directed the U. S. surveyorgeneral at San Francisco to transfer the "Spanish Archives" from San Francisco to Washington, and,

WHEREAS, These archives embrace the records of the Spanish land grants which form the basis of most of the California land titles, military reports, records of the early missions, proceedings of the alcalde courts, and a vast number of valuable manuscripts bearing upon the government and the people of early California under Spanish and Mexican rule, dating back

Protest

against

Spanish archives

to 1769, and are now, and have been long an element in important litigation in California, and,

WHEREAS, Congress by the act of May 18, 1858, recognized the local importance of the archives by placing the books and manuscripts in charge the federal office for the district of California, and

WHEREAS, By reason of the importance of these books and documents in relation to the land titles of the State of California; by reason of the hardship that will result in many land matters in causing litigants and attorneys to go to Washington; and by reason of their peculiar historical and literary value it is inexpedient and unwise to have the same transferred as contemplated, be it

Resolved, That the legislature of California request the removing authorities at Washington to reconsider their action in ordering the transfer of the Spanish archives from San Francisco to Washington, and further requests the senators and representatives in congress from California to use their best endeavors to secure such reconsideration.

from San Francisco.

Resolved further, That we urge said senators and representatives to secure an actual transfer of said Spanish archives from the national government to the State of California to the end that the same may be deposited in either the state library at Sacramento or in the library of the University of California at Berkeley, and thus retain their proper relation to the State of California.

Preamble.

CHAPTER XXVIII.

Senate Concurrent Resolution No. 16, approving an amendment to the charter of the City of San José, a municipal corporation in the County of Santa Clara, State of California, voted for and ratified by the qualified electors of said city, at a special election held therein for that purpose, on the 18th day of February, 1903.

[Adopted March 3, 1903.]

WHEREAS, The City of San José, a municipal corporation, in the County of Santa Clara, State of California, is now, and was at all times herein referred to, a city containing a population of more than three thousand and five hundred inhabitants, and not more than thirty thousand inhabitants; and

WHEREAS, At a special municipal election duly held in said city on Monday, November second, eighteen hundred and ninety-six, in accordance with law and the provisions of section eight of article eleven of the constitution of said state, a board of fifteen freeholders, duly qualified, was elected in and by said city, and by the qualified electors thereof, to prepare and propose a charter for said city; and

WHEREAS, The same was on January second, eighteen hundred and ninety-seven, signed in duplicate by all the members

of said board of fifteen freeholders, and was on said last named Preamble. day returned, one copy thereof to the mayor of said city, and the other to the county recorder of Santa Clara County; and

WHEREAS, Such proposed charter was then published in three daily newspapers of general circulation in said City of San José, to wit: "San José Daily Mercury," "San José Daily Herald," and "The Evening News," for more than twenty days, such publication in each instance having commenced on said January second, eighteen hundred and ninety-seven; and

WHEREAS, Said charter was, within not less than thirty days after the completion of said publication, submitted by the legislative authority of said City of San José, to wit: The Mayor and Common Council thereof, to the qualified electors of said city at a special election, previously duly called and thereafter held therein, on February twenty-third, eighteen hundred and ninety-seven; and

WHEREAS, The returns of said election were duly canvassed by said Mayor and Common Council of said City of San José, at a meeting held on Wednesday, February twenty-fourth, eighteen hundred and ninety-seven (which said meeting was duly convened); and

WHEREAS, At said special election a majority of such qualified electors of said city, voting at such special election, did vote in favor of and ratify said charter so proposed; and

WHEREAS, Said Mayor and Common Council, after canvassing said returns, duly found and declared that a majority of such qualified electors voting at said special election had voted for and ratified said charter; and

WHEREAS, The said charter was afterwards submitted to the legislature of the State of California, for its approval or rejection as a whole, without power of alteration or amendment, in accordance with the provisions of section eight of article eleven of the constitution of said state; and

WHEREAS, On the fifth day of March, eighteen hundred and ninety-seven, by concurrent resolution of the senate and assembly of the said legislature (a majority of all the members of each house voting for and concurring therein), the said charter was ratified and approved as a whole, for and as the charter of the said City of San José; and

WHEREAS, One copy of said charter so ratified and approved was deposited in the office of the Secretary of State of the State of California; and

WHEREAS, One copy of said charter so ratified and approved was duly and regularly recorded in the office of the County Recorder of the County of Santa Clara, State of California, on the twenty-fourth day of March, eighteen hundred and ninetyseven, and was, after being so recorded deposited in the archives of the said City of San José; and

WHEREAS, Said charter so ratified and approved, has not been amended within two years from the date hereof; and

WHEREAS, The Mayor and Common Council, being the legislative authority of said city, by ordinance duly and regularly passed by said Common Council in accordance with law and