Government has, in contradiction of its rulings in all other matters relating to public lands, held that, although the right of the railroads to the lands is violated and lapsed, it is essential to the restoration of the lands to the public domain that action by Congress be had to authorize the restoration; and whereas, a popular demand has gone up all over the country for such action as may be necessary to open this great area of States to the use of the coming millions who will people them with the homes upon which all Governments lean for protection and support; therefore, railroad ration. Resolved by the Assembly, the Senate concurring, That our Forfeiture of Senators in Congress be instructed, and our Representatives lands and elect and elected be requested, at the earliest possible their restomoment to introduce and press to passage an Act for the restoration to the public domain of all the land granted to the Southern Pacific, the Atlantic and Pacific, and the California and Oregon railroads, within the State of California, together with all lands patented after the date for the completion of the various roads set forth in the granting Acts, as well as those patented upon routes other than those specified in the articles of association on file in the office of the Secretary of State of the State of California, designating the line upon which they had authority to build a railroad. Resolved, That the Governor be requested to forward to each of our members of Congress elect and elected a duly certified copy of this resolution. CHAPTER XI. Assembly Concurrent Resolution No. 31, relative to the appointment of a Commission to inquire into and report a plan for the preservation of the forests on the California shore of Lake Bigler. [Adopted February 26, 1883.] Resolved by the Legislature of the State of California, the Assembly and Senate concurring, as follows: WHEREAS, It should be the duty of the State to preserve Preamble. from destruction, and reserve for the health, pleasure, and recreation of its citizens and tourists, the most noted, attractive, and available features of its natural scenery; and whereas, in the rapidly proceeding denudation of the forests on the shores of Lake Bigler, the State is losing one of its most attractive features for tourists, and available, valuable, and pleasant resorts for residents; and whereas, it is right and expedient that the Legislature of this State should be informed whether any desirable plan can be adopted whereby the natural beauty of the California shore of Lake Bigler can be saved from the threatened total defacement, and the wooded shores be preserved to Commission to investi at Lake Bigler. the people forever for their benefit, health, and pleasure; therefore, be it Resolved, That the Governor of this State be directed to gate forest appoint a Commission of three citizens of this State, who preservation shall inquire into the feasibility of such plan, and report to the Governor before the meeting of the next Legislature the result of their inquiry, with any and all suggestions and recommendations their investigations may suggest; provided, that the members of such Commission shall serve without pay or any remuneration whatever, nor incur against the State any expense whatever, except for the salary of one Secretary, such salary not to exceed in the aggregate three thousand dollars during the term of the Commission, and that the existence of the Commission shall cease from and after the date of its report to the Governor. Resolved, That the Governor be directed to inform the Governor of the State of Nevada of the passage of these resolutions. Preamble. Los Bolsas contest. CHAPTER XII. Assembly Concurrent Resolution No. 48, relative to the contest now existing between the Los Bolsas land grant and two hundred settlers claiming under the Rancho Santiago de Santa Ana, as to the boundaries between said grants. [Adopted February 27, 1883.] WHEREAS, AS controversy has existed since eighteen hundred and seventy-two between the Los Bolsas land grant and two hundred settlers claiming under the Rancho Santiago de Santa Ana, as to the boundaries between said grants; and whereas, many years have elapsed since the submission of the case to the Secretary of the Interior, and three different Secretaries have been in office and as yet no decisions have been rendered; and whereas, the delay is ruinous to the two hundred settlers on said lands, and daily their lives are endangered in the protection of their property; therefore, Resolved by the Assembly, the Senate concurring, That the land grant honorable Secretary of the Interior Teller be and he is hereby respectfully requested to consider said matter and render his decision on the points of the case at as early a date as convenient; and further Resolved, That the Governor be requested to communicate with the Secretary of the Interior the contents of this resolution. CHAPTER XIII. Assembly Concurrent Resolution No. 47, relative to the mail service between the United States, New Zealand, and Australia. [Adopted February 28, 1883.] WHEREAS, The line of mail steamships now covering the Preamble. route between San Francisco, New Zealand, and Sydney, New South Wales, via Honolulu, has been of great advantage to our country, and especially so to the Pacific Coast thereof; and whereas, this steamship line has been maintained mostly by the assistance of payments made by the above named colonies for carrying the mails, the contracts for such payments terminating in November next; therefore, be it dation to New Zea Australian Resolved, That this Legislature urges upon Congress the Recommennecessity, in the interest of American commerce, and as a Congress matter of equity to our colonial neighbors, who have thus concerning far borne the expense of this mutually beneficial mail ser- land and vice, of assisting in its maintenance by such liberal payment mail service. for the carriage of the New Zealand and Australian mails as their wisdom may suggest, having in view the benefit we receive from the regular commercial intercourse afforded thereby, as well as by the increasing tide of travel from the colonies through our country to Europe. Resolved, That his Excellency the Governor be requested to forward by telegraph to the President pro tem. of the United States Senate and the Speaker of the House of Representatives a copy of the foregoing resolutions, with the request that they consider and take action upon the same immediately. CHAPTER XIV. Assembly Concurrent Resolution No. 51, in relation to forests. [Adopted March 2, 1883.] WHEREAS, It is becoming a conceded fact that countries Preamble. which were once covered with forests, have, with the loss and removal thereof, been subjected to climatic changes injurious in effect upon the welfare of their inhabitants and on the productiveness of the soil; and whereas, our forests in this State are being destroyed with such a rapidity as to cause the people to have just grounds to fear that the experience of other lands may in time visit its injurious influences upon us; and whereas, judging from the interest taken in the subject by our State Mineralogist, we believe that he is a suitable person to submit to the Legislature of California, at its twenty-sixth session, such recommendations, and draft such laws as the experience of other State Mineralogist countries and States have deemed necessary and expedient in the premises; therefore, be it Resolved by the Assembly, the Senate concurring, That he is requested to hereby requested so to do by report to the Senate and Assembly on or before the meeting of the twenty-sixth session of the Legislature. report. Preamble. Confirmation of and com pensation. CHAPTER XV. Assembly Concurrent Resolution No. 20, relative to directing the Governor to fix the compensation for services rendered by Captain John Mullan, in collections of claims due the State from the United States. [Adopted March 3, 1883.] WHEREAS, The Governor and State Surveyor-General of this State have heretofore respectively appointed Captain John Mullan, of San Francisco, California, agent and attorney to represent the interests of the State of California before the proper authorities of the United States, at Washington, D. C., in the matter of the claim of this State to the five per cent net proceeds of the sales of the public lands by the United States in this State; and also in the matter of the direct tax levied upon this State by the United States, under the Act of Congress of August sixth, eighteen hundred and sixty-one; and also of her claim arising during the Modoc war in eighteen hundred and seventy-two; and also under the provisions of the Act of Congress of June twenty-seventh, eighteen hundred and eighty-two; therefore, be it Resolved by the Assembly of California, the Senate concurring, appointment That the appointments so conferred upon Captain John Mullan by the Governor and Surveyor-General, respectively, are hereby ratified and confirmed, and the Governor of this State be and he is hereby authorized and directed to fix the compensation for the services by Captain John Mullan heretofore and that may be by him hereafter rendered, at twenty per cent of each of the sums or claims that may be by him collected from the United States, and to pay to him such per cent out of the moneys that may be collected by him and paid to this State on account of each of the foregoing matters, respectively; provided, however, that this State shall not in any event become liable for any expenses, fees, and salaries of any nature whatever, other than such contingent commission. Controller to deliver vouchers. SECTION 2. That the Controller of the State of California be and he is hereby authorized to deliver to Captain John Mullan, or to his authorized agent, all the original vouchers, certificates, and papers of every kind and nature against the Government of the United States, for or on account of each of the foregoing matters, respectively. take receipt. SEC. 3. That said Controller shall prepare and take from Controller to Captain John Mullan, or from his authorized agent, a receipt in writing, bound in a book, same as he keeps in his office for all such papers as aforesaid, and which shall show what the papers are in each case, the date thereof, by what Board of Examiners passed, the amount and date of the warrant, and in whose favor drawn. CHAPTER XVI. Assembly Concurrent Resolution No. 50, relative to instructing the State Engineer to report to the Governor, on or before the first day of January, eighteen hundred and eighty-four, matters relating to the subject of irrigation, etc. [Adopted March 3, 1883.] Engineer Resolved by the Assembly, the Senate concurring, That the State State Engineer be and he is hereby instructed to submit to the Gov- instructed to ernor, on or before the first day of January, eighteen hundred report. and eighty-four, all that portion of his report on the irrigation investigation, which properly should be considered in the framing of laws relating to irrigation and water right matters; that the Governor be and he is hereby requested to cause fifteen hundred copies of this report to be printed and distributed throughout the State, but more especially within the region where irrigation is a necessity; that the AttorneyGeneral, and the State Engineer, shall thereafter, under the direction of the Governor, and with his advice and consultation, jointly consider the subject of legislation on the matter of irrigation, prepare a draft of a bill or bills, or code of laws, such as may be suitable to foster and regulate irrigation interests under the Constitution of this State and of the United States, and the decisions of the Courts thereof; that they shall, on or before the first day of September, eighteen hundred and eighty-four, submit to the Governor a report embodying the results of their consideration of the subject, and a draft of a bill or bills, or code of laws, on the subject of irrigation, which they may recommend to be passed, and shall severally state their reasons for their conclusions; that the Governor be and he is hereby requested to cause three thousand copies of this Distribution report to be printed, two thousand copies of which to be dis- of report of tributed throughout the State during the month of September, General and eighteen hundred and eighty-four, and one thousand copies to be transmitted to the Legislature, with such recommendations as the Governor may see fit to make, at the time of its next meeting; that in the performance of their joint duties aforesaid, the Attorney-General and State Engineer may visit the principal irrigation regions in the State, and take steps to ascertain the necessities, views, and wishes of the people engaged in, dependent on, or whose interests are affected by the practice of irrigation, Attorney Engineer. |