Repeal of laws.

uals in tracts of many thousand acres, not for settlement, use, and occupation, but for purposes of speculation, to the great injury of actual settlers; and, whereas, it is the opinion of many good citizens that by means of doubtful affidavits, ex parte testimony, and questionable certificates, great frauds on the government have been designedly perpetrated; and, whereas, the acquisition of large tracts of the public domain by single individuals, beyond their actual necessities or their ability personally to use and cultivate, has a tendency to retard the growth and prosperity of our State, turn from our borders actual settlers and free immigration, and in lieu thereof to further stimulate the introduction and use of coolie labor from Asia; therefore,

Resolved by the Senate and Assembly of the State of California, That our Senators in Congress be instructed, and our Representatives requested, to urge by all honorable means the immediate repeal of all laws permitting the acquisition of government lands, unless it be by actual settlers, in limited quantities, in accordance with what has hitherto and until recent years been the usage and uniform policy of the nation; and further, that a copy of these resolutions be transmitted by the Governor to the Vice-President, to our Senators and Representatives in Congress, and to the Secretary of Interior.

Preamble.

Provision to

CHAP. XXIV.-Senate Joint Resolution No. 20.

[Adopted February 16, 1878.]

WHEREAS, The San José Point Reservation, located within the City and County of San Francisco, is the property of the United States; and whereas, it is the desire of the City of San Francisco to open and improve its streets and squares in that locality, and the citizens their property; therefore,

Resolved by the Senate, the Assembly concurring, That our be inserted. Senators in Congress be instructed, and our Representatives requested, to use all means in their power to secure an appropriation from Congress to pay one-half of the expense of grading, sewering, planking, or paving in the streets bounding said government property.

Resolved, That the Governor be requested to obtain from the Mayor of San Francisco an estimate of the cost of the above work; also, that he be requested to obtain from MajorGeneral McDowell his opinion as to the propriety of the work called for by this resolution.

Resolved, That the Governor be requested to forward a copy of these resolutions, together with the estimated cost, and the opinion of General McDowell, to our Senators and Representatives in Congress, and the Secretary of War.

CHAP. XXV.-Assembly Joint Resolution No. 11, relative to encouragement of rifle practice in the Army of the United States, and the militia of the several States.

[Adopted February 19, 1878.]

concerning

tice in army

WHEREAS, The improvements that have been made in small Preamble arms, while increasing their range and effective power, encourage demand a high degree of skill from those who carry them, ment and in the hands of men who are not properly instructed in rifle practheir use they are in no respect superior to the weapons and militia. used twenty years ago-at the same time the changes that have taken place in the condition of society have prevented our people from acquiring that skill in the use of the rifle for which they were formerly celebrated, and which in the early history of our country constituted one of its main defenses; and, whereas, within the last few years the militia of New York, California, Connecticut, and one or two other States, without assistance from the government or the regular army, have developed a system of instruction in rifle practice which has enabled them to defeat the best riflemen of the world, and which has more than quadrupled their military efficiency; and, whereas, so great is the interest manifested that the last year has witnessed California sending a team of National Guardsmen three thousand miles, at an expense of five thousand dollars, to compete against New York, Connecticut, and New Jersey, for the inter-State prize presented by the State of New York, and New York having over fifteen thousand men performing a regular course of instruction upon fifteen official ranges throughout the State, of whom over two thousand have earned the "Marksman's Badge" presented by the State authorities to those showing a high degree of skill; and, whereas, the system that has been so successful in those States can and should be introduced into the regular army and navy, who should be enabled. to engage in it; and, whereas, it should also be extended and developed in those States whose uniformed militia are already instructed in the subject, and those States whose militia have not taken up the matter should be aided and encouraged to do so; and, whereas, the expense would be comparatively small, and would be more than repaid by the national strength that would be derived from a strong and effective militia power which could be relied upon in time of need, as well as by the increased effectiveness of the regular army; and, whereas, the enactment of a law which would authorize the Secretary of War to offer prizes to the uniformed militia of the different States, and to the regular army and navy, for excellence in shooting, to issue ammunition to them for practice, and to aid the construction of ranges and the general promotion of rifle practice in such portions of the country as possess a uniformed and properly organized militia, or where detachments of regular troops are located, would

Appropriation asked

for.

effect a great and much needed reform, and would be strictly within the powers of Congress; therefore,

Resolved by the Assembly of the State of California, the Senate concurring, That our Senators in Congress are instructed, and our Representatives in Congress are requested, to use their best endeavors to have inserted in the Army Appropriation Bill a provision for the encouragement of rifle practice, not only in the regular army, but among the uniformed militia of the various States.

Resolved, That his Excellency, the Governor, be requested to forward a copy of these resolutions to each of our Senators and Representatives in Congress.

Mail service

between La

Lompoc.

CHAP. XXVI.—Assembly Joint Resolution No. 28.

[Adopted February 28, 1878.]

Resolved by the Assembly, the Senate concurring, That our Graciosa and Senators in Congress be instructed, and our Representatives requested, to use all honorable means in their power to procure an increase of the mail service on mail route forty-six thousand three hundred, from La Graciosa (the present point of divergence), or from Las Alamos, Guadalupe, or such other point as may be deemed the most practicable, to Lompoc, in the County of Santa Barbara, State of California, by changing said service from a tri-weekly to a daily mail.

Resolved, That his Excellency, the Governor, be requested to forward a copy of the above resolution to each of our Senators and Representatives in Congress.

Preamble

concerning increase of appropriation for arming and equipping militia.

CHAP. XXVII.-Senate Joint Resolution No. 35.

[Adopted March 2, 1878.]

WHEREAS, An annual appropriation for arming and equipping militia, of two hundred thousand dollars, was made in the year eighteen hundred and eight, when the population of the country was about eight million, and the said appropriation has never been increased, although the population is now over forty million; and, furthermore, whereas, the militia in the United States numbers at present three million seven hundred and eighty-six thousand seven hundred and one, and the sum of two hundred thousand dollars will only purchase eleven thousand one hundred and eleven rifle-muskets, which would be only sufficient to arm one out of every three hundred and forty men, and at this rate it would take three hundred and forty years to arm the whole body of militia, provided the

number did not increase; and, whereas, the State of California has only received, thus far, on her quota, one thousand five hundred improved arms-too few to arm the companies now organized-and in case of an emergency she would have no reserve of arms, equipments, or ammunition; therefore, be it

appropria

Resolved by the Senate, the Assembly concurring, That our Increased Senators be instructed, and our Representatives in Congress on asked be requested, to vote for and exert their influence in behalf for. of the passage of an Act to increase the amount appropriated at the present session of Congress for arming and equipping the militia.

Resolved, That his Excellency, the Governor, be requested to forward a copy of the foregoing preamble and resolution to each of our Senators and Representatives in Congress.

CHAP. XXVIII.--Substitute for Senate Joint Resolution No. 34, in reference to viniculture.

[Adopted March 7, 1878.]

viniculture.

WHEREAS, Viniculture in California has attained impor- Preamble tance, and promises to become one of the leading industries concerning of our State, and one which will make valuable a large area of land which is not valuable for other purposes, thereby increasing the taxable property of the State, giving employment to a large number of intelligent and skilled laborers, and adding greatly to the prosperity of the Commonwealth; and, whereas, important changes in the revenue laws of the United States are being suggested in Congress, materially affecting this industry by decreasing the present tariff on imported wines; therefore, be it

Resolved by the Senate, the Assembly concurring, That our Duty upon Senators be instructed, and our Representatives be requested, wines. to oppose any change of the present duties upon imported wines.

Resolved, That his Excellency, the Governor, be requested to forward copies of the foregoing preamble and resolutions to each of our Senators and Representatives in Congress.

CHAP. XXIX.-Senate Joint Resolution No. 26.

[Adopted February 28, 1878.]

WHEREAS, The farmers of the Pacific Coast use twenty mil- Preamble. lions of grain bags each year; and, whereas, the tax upon the materials of which these sacks are made is almost

Duty on

etc.

entirely collected on the Pacific Coast; and, whereas, no one is benefited by said tax, except a few individuals who employ Chinese labor only; therefore, be it

Resolved by the Senate, and Assembly concurring, That our grain bags, Senators and Representatives in Congress be requested to use all honorable means to have the duty on grain bags, burlaps, gunnys, or gunny cloth, abolished or reduced to fifteen per cent. ad valorum.

Resolved, That the Governor be requested to forward a copy of the above resolution to each of our Senators and Representatives in Congress.

Preamble concerning monopoly of fresh water.

Water re

sale.

CHAP. XXX.-Assembly Joint Resolution No. 10, requesting Congress to enact a law reserving the fresh waters upon the public lands of the United States for the free and common use of the inhabitants of the State or Territory where the same are situated.

[Adopted March 6, 1878.]

WHEREAS, The climate of the States and Territories lying near and west of the Rocky Mountains is generally dry, and in many districts comparatively rainless, so that fresh water is often insufficient in quantity for the complete cultivation of the soil, and in many localities inadequate for any purpose; and, whereas, the common law rule as to water and water-courses, and riparian ownership founded upon the customs of a people settled in a wet and humid climate, and which permits ownership and property rights in water independent of its being applied to any beneficial use, leading to the anomaly of the land owner exercising the right of allowing the same to run to waste when his neighbor is actually suffering for the want of it, is detrimental to the development, prosperity, and welfare of the Pacific States and Territories, by encouraging and legalizing the monopoly of and speculation in the element so essential to the comfort and welfare of the people; therefore,

Resolved by the Assembly, the Senate concurring, That the Legislature of California earnestly urges upon the attention of Congress the evils that threaten the new States and Territories growing out of the monopoly, by private individuals and corporations, of the fresh water and sources of water supply still remaining upon the public lands.

Resolved, That in the opinion of the Legislature of Caliserved from fornia it is essential to the settlement, growth, and prosperity of the region in and west of the Rocky Mountains, and especially the Pacific States and Territories, that the fresh waters of all rivers and streams of sufficient magnitude to supply more than one family for domestic and agricultural uses, and all lakes and ponds with an area of more than one acre