Year: 1860

This can be obviated to great extent BY abolish
ing the office of Registrar and transferring the
duties to the Secretary of State, and authorizing
him to appoint Registrar Clerk.


BOUNDARY LINE.


In a former message the attention of the Leg
isature was called to the necessity of having the
eastern boundary of the State run and properly
established. In accordance with this suggestion,
the Legislature, by the Act of eighteenth April,
1859, authorized the Governor to appoint suit
able person, who, in conjunction with such per-
son as might be appointed by the Federal Gov
ernment, should survey said line.


A copy of this Act was transmitted to the Pres
ident, but Congress having adjourned before its
receipt by him. no appropriation for this purpose
was made Recent discoveries of silver ore in
close proximity to the supposed line has thrown
a large number of people into that section, and
it is of the utmost importance that the boundary
should be speedily ascertained- fit is not, diff
ticulties must constantly arise in the execution of
criminal and revenue laws.


CONSTITUTIONAL CONVENTION.


Nv predecessors in this office have all recon-
mended revision of the Constitution. The
subject has at various times received the consid-
Grafton of the Legislature. On two occasions it
was submitted to vote of the people, and al
though on each decided majority of those vot-
ing upon the question was found IN favor of a
Convention still it failed At the first election in
1857, thirty thousand two hundred and twenty
six votes were cast for Convention, and seven
teen thousand six hundred and eight against it.
The whole number of votes cast Tor State officers
was ninety three thousand eight hundred and
eighty -one-thus showing that nearly forty-six
thousand ofthe voters neglected refused to vote
AT the last election, one hundred and two thou
sand seven hundred and sixty votes were given
for Governor, and forty five thousand eight hun
dred and twenty nine in favor, and ten thousand
one hundred and sixty against Convention,
showing that forty thousand seven hundred
and seventy -one did not vote either way. The
Legislature of 1858 very properly, as | think,
decided that the clause in the Constitution which
provides for the revision of that instrument re
quires that majority of the voters who partici-
pate in that general election must vote for a
Convention before one can be regularly called.
Ii is said however, that in the recent election, in
some of the counties, votes were rejected which
ought TO have been counted and ii is hoped that
full investigation may be made. In the event
that il is found to have failed, recommend that
the question be again submitted.


To reform the abuses which exist in this State,
to reduce expenditures, 10 place our revenue
system upon an equitable and permanent basis,
TO organize our Courts in such way as to COM
mand the full confidence of the people, Con
ventiOn is indispensable. The indifference man
ifested by large number of voters upon ques-
ton of this magnitude, illustrates the fact stated
elsewhere, that We have unfortunately a con
siderable class here who feel interest
whatever in the future welfare of our State Al
though came into office opposed to a Conven-
ton the experience of the past two years has
satisfied me that the Constitution must be
amended in several particulars before the State
can prosper.


STATE CAPITOL.


If it is intended that Sacramento shall remain
the seat of Government, the time has arrived
when we should have a Capitol 1t is believed
that one hundred thousand dollars will put up a
wing sufficiently cOmmodious to accommodate
the Legislature and State officers, and Judging
from the number of persons seeking employ
ment at this time, labor can be obtained at rates
but little more than it commands in the East.


The State Is now renting the Capitol at eight
thousand dollars per annum which is eight per
cent. on the estimated cost of the proposed new
building.


---- GAMING LAW N.g


The law now upon the statute book should be
modified. The first Act passed on this subject,
in 1851, licensed gaming, which then existed in
every portion of the State as Il regular business.
On the twenty of April, 1857, the Legis-
lature, in making effort to suppress this evil
which was scattering ruin and desolation
throughout the State, passed law which, be
cause of its severity, has rarely been executed.
Indeed, while gaming in the city has been driven
into secret places there are many towns and
villages in which it is still carried ON in the
most public manner None but those who have
traversed the State can be aware of the extent
of this evil, or the powerful influence still exer
cised by professional gamblers. At the ninth
session the Legislature took the other extreme
and passed bill which, by the leniency of the
punishment, in point of fact licensed gaming
instead of suppressing it. 1t failed, however, to
receive the approval of the Governor, and did
not become a law. In vetoing that bill | said


THE Act now before makes the dealer of certain
banking games therein named guilty of misdemeanor,
and subject to fine of not less than five hundred nor
more than six hundred dollars | think il will be diff
cult TO find penal act where the maximum and mini
mum punishments are placed so closely together. BY
the Act which this repealS this oense is felony, and
subjected the party Imprisonment for not than
five less than year. The old law makes it a
msiemeanor to bet any of these games-the Act be
fore does not. This is making too wide dstinc-
ton between occupying different sides OF
the table The Act of 11th of April 1855 (which
this also repeas very properly makes di stincon be
tween the punishment for the first and second oense
this does not The existing Act goes farther than the
common law in declaring certain contracts, etc, in
gard to gaming null and void this Act is silent the
subject. Under the bill before me- If gambler was
only indicted three four times in the year. the fine is
Insignificant that he could pay the penalty and still
carry profitable business This license such is
in eiect would amount to some one hundred and ft
two hundred dollars per month This is far less than
the charged for license for gambling houses by the
Act of March 14th, ls5l."


These are still my views, and the whole sub
lect Is committed to your consideration. 1t may
be proper to remark, that the records of the
State Prison show only three convictions under
the existing law, although nearly three years
have elapsed since its passage. In the mean
while, however, it is believed that the gaming
table has been the immediate cause of the incar-
ceration of more than hundred persons in that
institution during that time. The gamblers
themselves have succeeded pretty well in keep
ing out of the prison, but their victims have
been less fortunate.


INDIAN DIFFICULTIES ~--~r


During the past year we have had our usual
difficulties with some of the Indian tribes resid-
ing within borders. In the month of May
last several petitions were presented from large
number of citizens residing in Tehama county,
representing that band of hostile Indians in-
habiting the eastern portion of that county had
committed d number of murders and DESTROYED
a large amount of valuable property; and that
the houses of Colonel Stevenson and Mr.. Hooker
had been destroyed by fire, and the lives of seven
human beings who occupied them sacrificed A
public meeting was held at Tehama, also at Red
Bluff, at which resolutions were passed in
voking the aid ef the State authorities A
company of United States Infantry had been
sent to that vicinity with orders to catch the
Indians and turn them over to the civil authori-
ties Being satisfied that no good whatever
would result from an expedition of that charac-
ter directed Adjutant General kibbe to muster
into the service of the State full company of
volunteers General Kibbe placed himself at
the head of this force and proceeded at once to
chastise these Indians, who had for several years
been committing outrages upon the persons and
property of our citizens. After several engage
ments in which some two hundred Indians were
killed, the remnant of the tribe (say four hun