Brought forward.... Four thousand eight hundred and seventy-two lineal feet of door jams, cut thus, at $1 per foot. Twenty windows, with sills, reveals, etc., 13 by 3 feet, at $24 each Eight hundred and fifteen lineal feet of cornice for cell building, cut with a gutter and molded face thus, at $20 foot per Two thousand three hundred and eight lineal feet of cornice over cells, thus, at $5 per foot... Sum total of the cost of the stone work. This comprises the entire of the stone work in section number six. In making my estimate on the cost of dimension stone I calculated on the quarry producing enough for the first section. I am doubtful about its producing enough for the entire structure without opening it in a much more extensive manner than at present. This would add twenty-five cents per foot to the stones for the cells as required in section number six, but I have not added the extra price to it. The contractor agreed to erect section number one for the sum of one hundred and thirty-four thousand three hundred and ninety-five dollars, and section number two for the sum of fourteen thousand nine hundred and ninety-seven dollars. The following is the amount of work done by him on section number one: Rough rubble in walls-84,841 feet at 32 cents per foot. $27,149 00 Broken ashlar-42,979 feet at 45 cents per foot 19,340 00 Carpenters' Work. 1,200 00 Roofing, 310 squares, at $30 per square- Nine hundred and seventy quoins. 2,668 00 1,247 50 Ceiling, including plastering, 118 squares, at $36 per square_ Ventilators and skylights yards of excavation at 65 cents per yard. Fifteen thousand four hundred and twenty-one cubic 1,403 25 10,023 65 Lead outlets-drain-pipes.. Wrought-Iron Work. Air duct-824 lineal feet at $1 75 per foot... 1,030 00 1,176 00 32 00 917, 50 Sum total of the value of the work done on contract. $66,406 55 EXTRA. The foundations of the cell-walls and those of the cell buildings and front building have been sunk to a greater depth than required by the contract, and the amount of such extra rubble work is as follows: For the cells-38,278 cubic feet at 32 cents per foot--Front building-3,850 cubic feet at 32 cents per footExcavating under both buildings to receive said walls... Arch and excavation... There is now on the ground the following materials: One thousand four hundred feet of earthen pipe; this is set down at sixty cents in the estimate, presuming it would be cement pipe, but iron-stone pipe is used. The specifications being somewhat elastic upon that proposition I took the cheapest article; the present value is at least $1 per lineal foot. One hundred and sixty-eight pieces of cast-iron pipeSix hundred and fifty barrels of cement, at $2 per bbl. I would suggest the following changes in the character of the work: Brought forward Two hundred lineal feet of galvanized iron water-pipe.. at 50 cents footper Four hundred pieces of cut granite, in various shapes, at $9.50 each impracticable of execution. Molded granite is seldom used, even in Government work. The following is the cost of the cornices, and other work of ornament: Cornice on front buildings.. Lime houses, worth about. Cornice on cell building. One hundred and seventy-five barrels of cementOne hundred and sixty-eight locks, at $4 50 each. Sum total of extra work and materials on the ground Work not done on section number one. Cornice on tower entrance, porches, and capping_ Useless concrete and flagging. Dimension stone for cells Total Cornices to cost not over Setting sewer-pipes. Two thousand six hundred and four lineal feet of jambs for cells. Sum total of work not done on Section No. 1------ In my estimate of the materials on the ground, I have consulted Mr. Odell, now in charge of the structure and grounds, and he certifies to its correctness. Entrance, tower, porches, dispensed. Dimension stone to coursed rubble. Total... $ 2,000 00 59,000 00 $61,000 00 Thus a saving of two hundred and thirty-one thousand eight hundred dollars is effected without using convict labor. How much would be saved by the use of such labor I am not prepared to state, as it will take some time to accustom them to the use of tools. The modifications suggested are best adapted for unskilled labor under any circumstances, and the quarry, as at present opened, can be. immediately utilized. Whereas, if the original plans are adhered to the most skilled labor will be required, and the quarries must be opened in a different manner. The time required to complete the work, according to my suggestions, will not exceed eighteen months. The sum of two hundred and fifty-six thousand three hundred and forty-six dollars includes what has been already spent on the work— or, in other words, it will cost about one hundred and sixty thousand dollars to entirely complete the building for five hundred convicts, one person to a cell. Mr. PRESIDENT: Your Committee on Elections have had under consideration the contest instituted and prosecuted by R. H. Ward, for the seat in this body occupied by the Hon. J. M. Montgomery, as a Senator from the Fifth Senatorial District. The contestant, in his statement filed in the office of the County Clerk of Stanislaus County (Exhibit A, reported herewith), alleged the following grounds of contest: I. Malconduct or mistake on the part of the Boards of Election Officers in the several precincts of Stanislaus County, whereby one, hundred ballots, cast for him, were counted for the respondent, which gave the respondent an apparent majority of fifty-five votes. II. Irregularity and informality in making up and transmitting the returns from the different precincts to the County Clerk. No testimony was taken by either party before the reference of the case to your committee, it having been stipulated that the whole matter of the contest should be referred to the Senate without the taking of any testimony, although two Justices of the Peace were commissioned by the County Clerk of Stanislaus County for that The contestant appeared before your committee with counsel, and demanded a recount of the ballots of Stanislaus County, and your committee caused the production of the ballots and recounted them. Upon such recount the following result was shown: Montgomery, five hundred and forty-two votes; Ward, seven hundred and thirtytwo votes; this giving contestant a majority in said county of one hundred and ninety votes, which, taken in connection with the returns from the other counties of said district-Mariposa and Mercedelected him by one majority, the respondent's majority in those counties being one hundred and eighty-nine. The original returns from the election officers of the several precincts of Stanislaus County, as filed in the Clerk's office, showed that Montgomery received five hundred and seventy votes, and Ward seven hundred and four votes, leaving a majority for Ward in that county of one hundred and thirty-four votes. The difference between the figures shown by the returns and those resulting from our recount, was fifty-six votes in favor of contestant. In Turlock Precinct, the aggregate vote for Senator was ninetynine, of which, according to the returns, Montgomery had forty-four, and Ward fifty-five. The recount showed: Ward, sixty-five; Mont II. That the Hon. J. M. Montgomery is the duly elected Senator from said district, for the term of four years from the first Monday of December, eighteen hundred and seventy-five. Your committee therefore report herewith a resolution declaring said Montgomery so elected,, and recommend its adoption by the Senate. Your committee would further recommend that the evidence in this case herewith submitted, together with the ballots and returns in possession of the committee, be by the Senate referred to the Attorney-General of this State, for such proceedings in the matter as he may deem advisable. Respectfully submitted. W. J. GRAVES, Chairman. S. G. HILBORN, Committee. In the matter of the contest of the election of John M. Montgomery, as State Senator in and for the Fifth Senatorial District of the State of California, composed of the Counties of Stanislaus,· Merced, and Mariposa. To L. C. BRANCH, County Clerk, and ex officio Clerk of the District Court of the Fifth Judicial District of the State of California, in and for the County of Stanislaus, and JOHN M. MONTGOMERY. R. H. WARD, being first duly sworn, deposes and says: That he is a citizen of the United States and of the State of California, over thirty years of age, and is now, and for more than one year last past has been, a qualified voter of the County of Merced, in the said Fifth Senatorial District. That upon the first day of September, A. D. eighteen hundred and seventy-five, at a general election then and there held in accordance with law, one John M. Montgomery and R. H. Ward, this affiant, were voted for in the Counties of Stanislaus, Merced, and Mariposa, for the office of State Senator for the Fifth Senatorial District of the State of California, composed of the said counties. That the affiant and contestant received the largest number of legal votes cast in said district for said office of State Senator, and a larger number of legal votes than said Montgomery. That thereafter, and within twenty days next preceding the filing of this statement, a certificate of election, as such State Senator from said district, was issued by the County Clerk of Mariposa County to said. Montgomery, and such certificate is now held by said Montgomery. That this contestant then was and still is duly eligible to said office; and this affiant, contesting the claims of said Montgomery to said office, assigns as the grounds of contest upon which he intends to rely: First-Malconduct or mistake on the part of the Board of Election of the several precincts in the said County of Stanislaus, in this, to |