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Post Office at San Francisco.

coast of North America, and is also the business center and principal mart for the products of the State of California, in the prosperity of which the whole State is intimately concerned; and whereas, in the matter of government buildings and structures, and particularly in the matter of a proper edifice for the accommodation of the United States Post Office, said city has not received that consideration from the Federal Government which it needs and relative importance demands, and which has been extended to other cities of the country of less urgent requirements; therefore, be it

Resolved by the Assembly, the Senate concurring, The Senators and Representatives of this State in the National Congress be and they are hereby requested to urge the facts above recited upon the attention of Congress, and to use all legitimate means to secure an adequate appropriation for the erection of a Post Office building in the City of San Francisco, which shall be commensurate with the necessities and convenience of the postal business transacted there.

Resolved, further, That his Excellency the Governor be and he is hereby requested to forward a copy of these resolutions to each of the Senators and Representatives of this State in Congress.

Preamble.

To retire

General
Grant.

CHAPTER XV.

Assembly Concurrent Resolution No. 22, relative to placing General U. S. Grant on the retired list.

[Adopted March 3, 1885.] ·

WHEREAS, Ulysses S. Grant, after conducting the armies of the Union through many hard fought battles to complete and glorious victory, was induced by the importunities of his countrymen to resign the honorable position at the head of the army of the United States, which he held for life, in order to serve his country as President; and whereas, General Grant, after eight years of honorable service as President of the United States, is now growing old, is broken in health, and has been unfortunate in finances; now, therefore, be it

Resolved by the Assembly of the State of California, the Senate concurring:

1. That our Senators be and they are hereby instructed, and our Representatives in Congress be and they are hereby requested, to support the bill now pending in Congress, or any other similar measure, for placing the name of General Grant on the list of retired officers of the army, with the rank and pay to which he would have been entitled if he had remained at the head of the army.

2. That we deem this much due to General Grant as a just though slight recognition of the immortal services which he

has rendered his country, for which he never can be adequately compensated.

3. That the Governor be and he is hereby requested to transmit these resolutions by telegraph to Senator John F. Miller, with the request that he lay the same before his colleagues in the House of Representatives forthwith.

CHAPTER XVI.

Senate Concurrent Resolution No. 3, relative to directing the Governor to fix the compensation for services rendered by Captain John Mullan, in collections of claims due the State of California from the United States.

[Adopted March 3, 1885.]

account of

WHEREAS, The Governor and State Surveyor-General of this claims of State, respectively, have heretofore appointed Captain John State on Mullan, of San Francisco, California, agent and attorney to military represent the State of California before the proper author- operations. ities of the United States, at Washington, D. C., in the matter of the claims of the State of California against the United States, growing out of past Indian hostilities, and for interest on moneys heretofore expended by this State on account of military operations herein and borders hereof, and in recovering all land fees heretofore illegally paid to the United States by this State; and whereas, in pursuance of Concurrent Resolution Number Twelve, adopted February twenty-sixth, eighteen hundred and eighty-one, and in pursuance of Assembly Joint Resolution Number Thirty, adopted March ninth, eighteen hundred and seventy-two, James E. Hale and Thomas M. Nosler were duly appointed and commissioned agents on behalf of the State of California and the Governor thereof, by themselves and their duly constituted agents, to collect from the Government of the United States the cost, charges, and expenses properly incurred by the State of California for enrolling, subsisting, clothing, supplying, arming, equipping, paying, and transporting its troops employed in aiding to suppress the insurrection against the United States; and whereas, said James E. Hale and Thomas M. Nosler have duly constituted said Captain John Mullan their agent and attorney, in pursuance of the foregoing authority conferred on them, in their names, places, and stead, to demand and receive all said moneys from said Government of the United States, and in and about the said premises to act as their agent therein; therefore, be it

fix compen

SECTION 1. Resolved by the Senate of California, the Assem- Governor to bly concurring, That the appointments so conferred upon Cap- tion for tain John Mullan by the Governor and Surveyor-General, services of respectively, are hereby ratified and confirmed, and the Gov-M ernor of this State be and he is hereby authorized and

Vouchers to

to Captain

Mullan.

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.

SEC. 2. That the proper State officers of the State of Calibe delivered fornia be and they are hereby authorized and directed to deliver to Captain John Mullan, or to his authorized agent, all the original vouchers, certificates, and papers of every kind and nature relating to the claims of this State against the Government of the United States for or on account of each of the foregoing matters respectively, and also all Controller's warrants that have been heretofore paid and canceled, and which may be needed to perfect any of the claims of this State against the United States represented by him.

SEC. 3. That said State officers shall prepare and take from Captain John Mullan, or from his authorized agent, a receipt in writing, bound in a book same as they keep in their offices 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.

of claims of the State for money paid under direct tax law.

CHAPTER XVII.

Senate Concurrent Resolution No. 26, requesting our Senators and Representatives in Congress to give their support to certain measures now pending in Congress, or such as may hereafter be presented thereto, designed to effect the proper adjustment of the accounts of the different States, Territories, and the District of Columbia, with the United States, arising out of the proceedings under the "direct tax" law of August 5, 1861.

[Adopted March 5, 1885.]

Adjustment WHEREAS, Under the provisions of the law of August fifth, eighteen hundred and sixty-one, a "direct tax" of twenty millions of dollars was levied for war purposes by the United States, and apportioned to the various States and Territories of the Union and the District of Columbia, according to their respective populations; and whereas, the amount of said tax so apportioned to the State of Cali fornia was paid by the State in conformity with the provisions of said law; and whereas, while part of the other States and Territories and the District of Columbia have, like California, paid in full the tax thus apportioned to them, respectively, many of those remaining have only paid in part, and some have paid nothing at all; and

whereas, by reason of such partial collection of said taxes Same. (as shown by the official letter of the Secretary of the Treasury, dated June fourteenth, eighteen hundred and eighty-four), over five million dollars of the same remains unpaid, and now stands charged on the books of the treasury against the States and Territories delinquent, according to the measure of their respective delinquencies; and whereas, while, by Act of Congress, the operation of said law, as to the collection of said tax, has long been suspended, still the interest and penalties thereby required to be collected have been permitted to accumulate, until now the amount of the original levy, where delinquent, has alinost quadrupled; and whereas, to enforce collection of such unpaid tax, penalties, and costs, would, in the language of the Secretary of the Treasury, "put a grievous burden upon the people of the States which are in default of payment;" and therefore in the words of the Comptroller of the Treasury, "it is believed that there is no desire now, on the part of any class of citizens, that the payment of this tax should be enforced;" and whereas, it is contemplated by the Constitution of the United States, and is required by the principles of common justice, that "taxes shall be uniform throughout the United States," and that it would be violative of both to compel the payment of such levy by part of the United States and Territories, while others were exempt from such burden; and whereas, measures are now pending in both branches of the present Congress (being House Bill No. 110, and Senate No. 795), which provide for the adjustment of this whole question, by authorizing the refunding to the States and Territories which have paid any or all of said tax, the amount so paid, and the cancellation of all charges, on account of delinquency, against such States and Territories as have not paid the same; and whereas, the method of adjustment proposed by said bills has the hearty approval and indorsement of the Secretary and Comptroller of the Treasury, to whom said bills were referred by the committees of Congress considering the same, for their efficient examination and report; and whereas, approving said plan of adjustment as being in its nature a measure of relief to the States in default, and one of simple justice to those which have paid; and in view of the important interests therein involved to the State of California; therefore, be it

Resolved by the Senate, the Assembly concurring, That our Senators and Representatives in Congress be requested to urge the passage of the bills hereinbefore referred to, or other measures having the same object in view, and to use their best endeavors, in coöperation with the agent of this State, and in support of his efforts to thus secure to the State the amount paid by her on account of said tax; be it further

Resolved, That a copy of the above preamble and resolution be sent by the Governor of this State to our Senators and Representatives in Congress, and to our State agent.

States for

interest upon

money advanced to the United States.

CHAPTER XVIII.

Senate Concurrent Resolution No. 25.

[Adopted March 5, 1885.]

Claim by the WHEREAS, The law of July twenty-seventh, eighteen hundred and sixty-one, and the "Joint and Declaratory Resolution" of March eighth, eighteen hundred and sixty-two, provided for the reimbursement to the States of all sums by them expended in defense of the United States; and whereas, under the interpretation of said original Act of eighteen hundred and sixty-one, made two days after its passage by the Secretary of the Treasury, the States were led to believe that if they, respectively, borrowed money on their own account, and advanced it to the United States, under the conditions mentioned in said law, that said sums, together with the interest paid thereon, would be refunded to them, that having been the practice of the United States in such cases for more than sixty years; and whereas, acting under this impression and belief, many of the States did borrow moneys and advance them to the United States, and paid interest thereon from their own resources; and whereas, the principal has, in a great measure, been refunded by the United States to the States advancing said moneys; still, the interest paid by such States, as aforesaid, has not been refunded; and whereas, it is held by the Treasury Department, through which such reimbursement settlements are made, that specific legislation will be required to justify the payment of such interest; and whereas, Congress has always heretofore provided, specifically, for the payment of interest on such advances made in any war, either foreign or Indian, beginning with the Act of March third, eighteen hundred and twenty-five, to reimburse Virginia for interest on advances made during the war of eighteen hundred and twelve, to that of March third, eighteen hundred and eighty-one, to reimburse California on account of similar expenditures made in one of her Indian wars; and whereas, during the late war, and under authority of said "reimbursement" Acts of eighteen hundred and sixty-one and eighteen hundred and sixtytwo, the State of California advanced to the United States money which she borrowed, and on which she paid interest, and which interest has, in no part, been refunded by the United States, but is now justly due the State; and whereas, there are now pending in both branches of the present Congress measures designed to authorize the settlement of the claims of the several States for such interest (being S. 2,000, and H. R. 2,463), and which said measures have been reported on by the committees to which they were referred, in both Houses, in unanimously favorable reports; therefore,

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