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purposes specified in said act, and the United States has never used and does not now use the same for any of said purposes, or for any other purpose.

Now, therefore, be it resolved by the senate and assembly Asking of the State of California, jointly:

Congress to cede cer

in Los

That the legislature of the State of California memorializes tain lands the Congress of the United States to cede to the State of Cali- Angeles fornia that certain parcel of land situate in the city of Los to state. Angeles, county of Los Angeles, State of California, hereinbefore referred to and more particularly described as follows:

Beginning at the point of intersection of the northerly boundary line of said tract of land so granted to the United States with the harbor line established by the United States on the westerly side of said channel, said point being at or near station number sixteen of said harbor line; thence southeasterly along said harbor line to station ZZ thereof; thence continuing southeasterly from said station ZZ of said harbor line in a straight line to the point of intersection of the southerly boundary line of said tract of land so granted to the United States, with the said harbor line, which said last mentioned point is at or near station number fifteen of said harbor line; thence northwesterly, northerly and northeasterly along the westerly boundary line of said tract of land to the point of beginning;

For use for the construction and maintenance of public docks, slips and wharves, and other commercial appliances appurtenant thereto, for the accommodation of commerce in said Los Angeles harbor; and that the government of the United States and the secretary of war be requested not to use said parcel of land for any of the purposes specified in said act, or for any other purpose; and

Be it further resolved, That the State of California will accept the cession and transfer from the government of the United States of said parcel of land last above described, to be held for public purposes, to wit: For the construction and maintenance of public docks, slips and wharves, and other commercial appliances appurtenant thereto, for the accommodation of commerce in Los Angeles harbor; and

Be it further resolved, That the State of California hereby offers to grant and relinquish to the United States its right and title to such other lands in, upon or adjacent to the waters of said harbor, in addition to the lands heretofore granted to the United States, as shall be selected by the United States for military purposes or defense, or for such other purposes as the government of the United States may require; and

Be it further resolved, That upon the passage of this resolution, the secretary of the senate be directed to forward a copy thereof to the secretary of war and to the senators and representatives of the State of California, in Congress, requesting them to present the resolution to the senate and house of representatives.

CHAPTER 34.

Senate Joint Resolution No. 18, relative to the rights of San Francisco and the cities surrounding San Francisco bay in and to the use of the waters of Tuolumne river for domestic and municipal purposes.

[Filed with Secretary of State March 3, 1911.]

WHEREAS, The cities surrounding and adjacent to the bay of San Francisco began as early as the year 1871 to plan for and seek out an adequate and available source of supply of pure mountain water for their municipal and domestic needs; and

WHEREAS, After careful investigation and as a result of almost continuous effort from the year 1871 until the present time, these municipalities, by their own action and by that of the city of San Francisco as representative of all, have selected and secured the Hetch Hetchy and Lake Eleanor reservoir sites as the most adequate and feasible sources of supply; and

WHEREAS, These reservoirs are capable of storing pure mountain water, from the uninhabited and barren granite water sheds of the high Sierra in quantities sufficient for the present and future needs of these large and rapidly growing cities; and

WHEREAS, The honorable secretary of the interior, being by the honorable attorney general of the United States first regularly advised that such action on his part would be legal and valid, granted to the city of San Francisco for itself and as representative of said municipalities full reservoir rights at Hetch Hetchy and at Lake Eleanor, and by reason of and based upon this grant San Francisco has purchased at a cost of over $565,000.00 all private lands and water rights in these reservoirs and owns under patent more than one-half the area of each reservoir, and is about completing incidental purchases of additional privately held rights and lands for $636,000.00; and

WHEREAS, The Hetch Hetchy and Lake Eleanor sources of supply were approved and a bond issue of $45,000,000.00 for their development authorized by the city of San Francisco by a vote of more than twenty to one; and

WHEREAS, Certain well meaning people, misled by great private interests which would be adversely affected by municipal ownership of such water supply, have actively attacked the grant of the Hetch Hetchy reservoir site; and

WHEREAS, The present secretary of the interior, under pressure of these acts, has threatened to attempt to revoke the grant of the Hetch Hetchy site; and

WHEREAS, Such official action is tending to encourage and entrench more strongly the forces of private and corporate greed in their opposition to the development by the municipalities of this necessity of municipal existence, and will, if effected, increase the burden of taxation which must fall upon the citizens of these municipalities by the enforced purchase of

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rights to water supplies already granted to these private corporations; and

WHEREAS, This action seriously impairs the market value of the said municipal bonds and discourages the purchase thereof, thereby impairing the credit and standing of said municipality; now, therefore, be it

cisco's

Hetch

Resolved, By the senate and assembly jointly, that it is the San Fran sense of the legislature of this state that the rights of the said right to city and county of San Francisco and the incidental rights of waters of neighboring cities in and to the use of said waters and reser- Hetchy voir sites should be protected and confirmed, and that the said defended. city and county should be permitted to develop its proposed water supply with the co-operation and support of the federal authorities; and be it further

Resolved, That the president of the United States is hereby petitioned to withdraw all opposition by the executive departments to the full enjoyment of such rights and to permit the development of said water supply under the terms of the grant of the secretary of the interior dated May 11, 1908; and be it further

Resolved, That the secretary of the senate be, and he hereby is, instructed to forward a copy of this resolution to the president of the United States.

CHAPTER 35.

Senate Joint Resolution No. 8, relative to national forests situated within the State of California and requesting the war department of the United States to station and maintain federal troops in such national forests during certain months. [Filed with Secretary of State March 3, 1911.]

WHEREAS, There are situated within the State of California great national forests comprising in area over twenty-seven million acres; and

WHEREAS, The protection and preservation of these forests is of great benefit to the citizens of this state and of the whole United States; and

WHEREAS, Each year during the months of July, August and September, forest fires threaten partial or total destruction of these forests; and

WHEREAS, These forests are not sufficiently protected from fire during such months,

Now, therefore, be it

forests in

Resolved, by the senate of the State of California, and the Protecting assembly, jointly, that the war department of the United States national be and it hereby is requested to station federal troops in the California. national forests within the State of California during the months of July, August and September each year for the purpose of preventing and fighting forest fires and protecting such national forests; and

Be it further resolved, That a copy of this joint resolution. be sent to the head of the war department of the United States.

Constitu

tional amendment.

Setting aside judgment in criminal

cases.

CHAPTER 36.

Senate Constitutional Amendment No. 26, a resolution to propose to the people of the State of California an amend ment to the constitution of the State of California, by adding a new section to article VI thereof, to be numbered section 42, relating to appeals in criminal cases.

[Filed with Secretary of State March 7, 1911.]

The legislature of the State of California, at its regular session commencing on the 2nd day of January, in the year one thousand nine hundred and eleven, two thirds of all the members elected to each of the two houses of said legislature voting in favor thereof, hereby proposes to the qualified electors of the State of California the following amendment to the constitution of the State of California by adding a new section to article VI thereof, to be numbered section 42, to read as follows:

Section 42. No judgment shall be set aside, or new trial granted in any criminal case on the ground of misdirection of the jury or the improper admission or rejection of evidence, or for error as to any matter of pleading or procedure, unless, after an examination of the entire cause including the evidence, the court shall be of the opinion that the error complained of has resulted in a miscarriage of justice.

Constitutional amendment.

Inspection

of merchandise.

CHAPTER 37.

Senate Constitutional Amendment No. 2, a resolution proposing to the people of the State of California an amendment to section 14 article XI of the constitution of the State of California.

[Filed with Secretary of State March 7, 1911.]

The legislature of the State of California at its regular session, commencing on the second day of January, in the year nineteen hundred and eleven, two thirds of the members elected to the senate and assembly voting therefor, hereby proposes to the people of the State of California that section fourteen (14) of article eleven (XI) of the constitution of the State of California, be amended to read as follows:

Section 14. The legislature may by general and uniform laws provide for the inspection, measurement and graduation of merchandise, manufactured articles and commodities, and may provide for the appointment of such officers as may be necessary for such inspection, measurement and graduation

CHAPTER 38.

Senate Joint Resolution No. 24, relative to recognition of
American passports by foreign nations.

[Filed with Secretary of State March 7, 1911.]

WHEREAS, There is now pending in the Congress of the United States a resolution demanding the universal recognition by all nations of American passports so that there shall be no discrimination by any foreign power against any American citizen holding an American passport by reason of his race or creed; now, therefore, be it

tion of

Resolved by the senate and assembly jointly, That our sen- Recogni ators be instructed and our representatives requested to use American their best efforts to secure the adoption of this resolution so passports. that all American citizens, without regard to their religion, may be on an equal footing when seeking to enter foreign countries and in possession of an American passport; and be it further

Resolved, That the secretary of the senate be instructed to send this resolution to the speaker of the house of representatives, the president of the senate and the president of the United States by wire as soon as it shall be adopted by both houses of the legislature.

CHAPTER 39.

Assembly Concurrent Resolution No. 24, approving the charter of the city of Petaluma, State of California, voted for and ratified by the qualified voters of said city at a special municipal election held therein for that purpose on the 14th day of February, 1911.

[Filed with Secretary of State March 8, 1911.]

Petaluma.

WHEREAS, The city of Petaluma, a municipal corporation Charter of of the county of Sonoma, State of California, now is and was at all times herein referred to a city containing a population of more than 3500 inhabitants; and

WHEREAS, At a special election duly held in said city on the 30th day of August, 1910, under and in accordance with law and the provisions of section 8 of article XI of the constitution of the State of California, a board of fifteen freeholders, duly qualified, was elected in and by said city by the qualified electors thereof, to prepare and propose a charter for the government of said city; and

WHEREAS, Said board of freeholders did, within ninety (90) days after said election, prepare and propose a charter for the government of said city of Petaluma; and

WHEREAS, Said charter was on the 26th day of November, 1910, signed in duplicate by the members of said board of freeholders and was thereupon duly returned and filed, one. copy with the president of the board of trustees of said city

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