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DAILY IMO\ SERIF.* --VOL. XLIX->'O. TJ'T.
I»A ItV KM OKI) SEMES -VOL. XVI- >'«•!* *'*'•
THE DAILY RECORD-UNION;
ferteredMthePouOfficeKSmcnowntoanecSncTcU^ mailer
V PUBLISHED ,BT THK ,S\ C -
--" Sacramento PublisMng Company.
WM. B. niIXS. 4>aeral Manager. .
Pabllcatlun OtOee, Third «t., bet^J and K.
THE BAIL RECORD-ITIfIOJI
tspabllsbwl ejerjd»jol the WMk, Sundajs excepted.
fv| >0»0n«re»»....;.:...."..""..'....»"»..V...»10 OC
Tor ail month*. 6 00
Vortfan* muotba .••■•• 3 00
T«o ooi4w oue fe»r, to one address 80 00
: I Sataorfbers sorred b» Curlers at : TwiTTT-?itr
Oon per weak. la all Interior cities and towru the
r saper o»n be had of toe principal Periodical Dealers.
JTewimen aod A^eiiU. — - -
* j* ■ ■ - - - - .7. :* ■ - '* ■' '1 '.-* *" *■ "■ '- -
Ad vrrtUlnjc Batei In Dally Kfxord-rnloii.
Oosß<TDare. 1 ".line fl 00
; One Square, i times. 17i
Oneß<raara, 3 time*. 1 M
bob additional tine. ii.wn.. 60
IWMk. I Weeks. 1 Month
' Half Hqnam. lit pags *3 60 %3 60 $5 00
Hal/ Square. M paga 360 ; (08 '< 800
Half H.|iiar«: 3.1 page Itt' 460 - •OS
Half Square, «th pv« 100 100 4M
Ooe Square, Ist pace. SO 800 f 00
Oae S.juaj-e. M |ia«e 00 * TOO 10 0C
One S<{uan.Sd pace 4 00 - f 00 . 8 00
One Buuare. 4th par* ..8 00 4 00 '6 00
Star Notices, to follow readlsc matter, twenty-fire
ecota a Ud« oaoh insertion. ■- ... .
AdTertiatmenU of Bltuatlom Wanted. Houses Let.
Bodetf Ueetlnn, etc, of nri i.i» o> less, will be
fawrted In the Daily R»oob.d-U»io» v foUowi :
Onetlaie , BeenU
Thieet1mM............... „ 60eenta
One week faosou
Berea words to const! a line.
. THE WI.BKLI SKIM - - ,- :
[Published tn .eml-weoklj parUl '
Is lamed on Wadneadar and Satnrdaj of each weeV,
oompililng Eight Page* In each Issue. orßtztuen Patfea
t •ach we k. I and is Die cheapest and most desir.l
Home, News and Literary Journal published on tJUe
racUseoatt . ... . ■:.■-. ■ • ■.:.;.■
Terms, One Tear t $2 08
"'" (Jeml-Weeklr I'nlon AdTertlalßfE Bates.
Half Square, 1 t1me......V.V. .....|1 00
Zach additional time .....'a 50
One Square. 1 time. .\-f. 2 00
Kach additional time 1 00
WANTED, LOST AM) FOUND.
AdvertisemenU of five lines in this department an
inserted for 25 cents for one time; three times for SO
eanU or 75 cents per week. . ■■'■■:<..
WANTED- BY AN AMERICAN WOMAN", A
position as housekeeper or to do general
housework. Address " J.," this office. jao 31* •
SI, OOP REWARD.
THE UNDERSIGNED WILL GIVE i«I,IIMi
One Thousand Dollars Reward for the arrest
and conviction of tbe person or persons who at-
tempted the r.H'aHsination of James Skinner at his
residence at Green Valley, El IJ.irado county, Cal.,
on the night of December 11, 1879. I -
JAMES SKINNER. \
jr , Qreen Valley, December 17, 1879. ;; dlB-lm !
TO LET 0B SAIJT" 7
AdTertUemunts of five lines in this department are
Inserted for 25 oeats for one time ; three times {or 80
eenta or 75 cents per w«ek. *^ ..,*— *".'
TO LET— HANDSOME SUITE OF ROOMS
_bl at the Howard House, X street, between
Front and Second. jaOTw ■
FURNISHED HOUSE TO LET, NO. 1213 .££gL
P Ninth, between L and M streets ; during H;;!
tbe Legislature, with gas and water, jal-lw* .BeilL
FOR SALE— ENGINE, BOILER AND
X 1 other machirrery used in the California Car-
riage Factory. Good as new. Will be sold at less
- than 50 per cen*. of first cost. Apply to ,
d! 2 tf THOMAS J. CLUNIfc, Sacramento.
'T7HJRMSHED ROOMS TO LET, IN SUITS OR
. JL' single, with or without LET, IN SUITS OR
single, with or without board, at No. 922 M
• street, between Ninth and Tenth (near State
•Capitol). dll-tf
T7IURNISHED ■ ROOMS TO LET— PLEASANT,
I' quiet, home-like r oms, neatly furnished. To
• rent by the day, week or month, at prices that
cannot fail to give satisfaction. Northwest corner
Third and J. Entrances on J street, and on Third,
j between J and I street*. MRS. TEN EYCK. dlO-tf
STORE FOR sale.
THE STOCK AND FIXTURKS™,,—
of a Hardware, Tinware and
Agricultural Implrment Store, in the^^p^Hl
town of Chico, is offered for sale at a f*W>'i > "V :
bargain to close the business. To a responsible
party s good opportunity is offered to obtain con-
trol of an old established business at a very low
figure. Capital required, $1,000 or $3,000.
Address W. J. BLACKWELL, Chico; or
M. C. HAWLEY & CO., Sacramento, or San Fran-
cisco JaS Iplm
DEMTISTBY. •
. " W. WOOD,
-pvENTIST (LATE WITH H. H. PIER««S»
If .- in), successor to T. B. Reid, No. Bl7sr?eeß
J street, butw. e'u Tuird and Fourth. Artificial Teeth
inserted on nil bales. Improved Uqnid Nitrous
Oxide Gas, for the Pai'iless Extraction ot Teeth.
d24-tf .. ■•
~ ™ DhNTAL DEPOT:
mgm MASONIC TF.MPLE, COX. SIXTH mmot
. 588 ami X streets. . 39rHB
I W. O. THRAILKILL, D. D. S., Editor and I"ublisher
ol the Dental Jainu, a Monthly Journal eif Dental
. ■ .Science. .....■■■ dIH-1
~ . If. It. BKEWEK, I '
£kENTIST, SOUTHWEST CORNER Or'«Jj»
f Seventh and J streets, in Bryte's newSSSBu
Iding, up stairs. Teeth ex .raet«a without pain
i by use of Improved Liquid Nitrous Oxide Gas
y>- ■ '• - ■■ '118-lDlm Vj_
U. 11. FIEItSO.V,
W-VENTIST 415 J STREET, BKTWEKXos»ft
\J Fourth arnl Fifth, Sacramento. Arti-5a2f|55
Bclal Teeth Inserted on Gold, Vulcanite and all bases.
Nitrous Oxide or Laughing (ias administered ior the
I painless extraction of Teeth. dl4-lni
F. T. . TEBBETS,
. TVENTIST, 188 J STREET, BETWEENjam*
. I f Fifth and Sixth, Sacramento. Artifl-engfn
dal Teeth Inserted on Gold and al bases. Nitrous
Oxide oi Laughing Gas administered for the pain •
—■■ esi' extraction of teeth. ' " • | dIS-lm
;. WATCHES, CLOCKS, JEWELEY
■MII.I.IAH B. -rIIXLEH
> . .. (Late with Floberg),
NO. 190 J STREET, NEAR SEVENTH, \£* ■
J3( Watchmaker and Jeweler. Importer flf*\
and dealer in Watches, Silverware, Jewelry, BojL
Ktc Repairing a specialty, under Rohert*sssssaw
Marsh. All country orders promptly attended to.
rj. -. - ■ 1 d29-lptf - _ ■
JOII\ t'O.NKAD,
DEALER IN WATCHES, CLOCKS, ft
JEWELRY, Etc., 113 J sireet (op- £*\
p>site Kirk & Co.'s). AU Watches and JtJJ,
-' Clocks sold in ray establishment warranted. •ssbbsssw
BopairingClocksand Watches mr specialty. d3-lDtf
~ J. b. klim:
(Late with Wacbhorst. and successor to FlobergX
. •KTATCHMAKER AND JEWELER, NO. -»
•* f TV - 60 J street, between Second and CirW
Third. Dealer in Watches, Clocks, Silver- p-*Jt
ware, Jewelry, Etc. - Repairing in all itsQ&ujJS
brauches a specialty, under Mr. FLOBEKG.
- 010-lplin . ■■■-.■.!.
FRUITS, seeds and PBODUQE.
** j*- J l. ■ ■ ' " I
I IOS Jt U.4U.MM
/COMMISSION MERCHANTS AND DEALERS IB
Prodore, ¥eg»table». Batter, Hers, Cbeeae,
... . . Poultry, Green and Dry Fruits, Honey, Beans, etc.
•™ ' ' ALFALFA SEED.
. '—'■'• tr Potatoes in car-load lets or less,
... c,, da-lpti :■-•: ■■ -'.!• ' Nos. 81 and 83 J street.
K. IBTT, " .
YITHOLESALE COMMISSION MERCHANT
W and dealer in Foreign and Domestic Fruita
'Cigars and Tobacco, Pipes and Smokers' Articles,
- Cutlery and Notions, Nuta, Candies, etc, Wo. 54 J
ttreet. Sacramento. dll-lplm
M. T. BKEWEB a CO.,
CnmmUilon H>rci«aiits ■ and Wholesale
MALBWS IS
OREEN FBUIT, ► DRIED FRUIT, PROBUCK
't£ Vegetables, Houey, Seeds, AUalfa Seed, Etc,
Sot. SO and 33 J Street, Sacramento.
...- d3-lpti i_
■ '■ ; W7 B. BTbM».\S «S CO.,
Wholesale CommlsHlon Herrhants
AKD DULXRB .' -
■..-'■ • ..-•»•■. :
rALL KINTtS OF CALIFORNIA OREEN AND
-- X Dried Fruile, Nuts, Honey, and General Mer
chandise. * ! 1 "'■•■-. -• • ,
' All orders promptly attended to. Address,
V. R. STRONG 4 CO.,
1 ' d3-tf Nos. «, 8 and 10 J street. Sacraof nto.
"7"a GRIFFITH'S
AjPE > X T >
' *g|p| GRUITEWOE B,
T '^jSj 1 PEXIITV CAL.
iif^fßf flf mUE BEST VARIETY AND
. -ML— -3|J|gJ I largest quarries on tht
' D 2S£fc*S| Pacific Coast. Polished Grani
Monuments, Tomb.tones sad Tatlets raadeto orde'
« \ .;. Cranlte Bnlldlna Stone ' j-
„ Ont, dressed and polished to order. iyU-lpto
SACRAMENTO DAILY RECORD-UNION.
'■"'■ 7:i - J T ' THE MECHANICS' BTOBE.. ;'; r ; vV^S
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i
SACRAMENTO, WEDNESDAY MORNING, JANUARY 7, 1880.
CALIFORNIA LEGISLATURE
TWENTY-THIRD BES3ION.
SECOND DAY.
[PhouograpMcally Reported for tbe Recobd-Unios
by Willis & Stockton.]
.- ATE. : •- ■"..'. ;.' : ..
Sacramento, January 6, 1880.
The Senate met pursuant to adjournment at 12
h., Lieutenant-Governor Johnson in the chair.
Roll called, aud all the members present except
Mr. Desty.
Minutes of yesterday read and approved.
Mr. Johnson— l move that the Senate do now
proceed to the election of its officers in the order
laid down in the Political Ceide.
Mr. Dickinson— l second the motion.
The motion prevailed.
The Lieutenant Governor— The first busiuess in
order under this rule will be the election of a
I-REHIDENT T-KO TEM.
Mr. Sears— Mr. President, I rise for the purpose
of placing iv nomination Senator George F. Baker,
of Santa Clara, for that office. Our time is too
precious to make any extended remarks, and I will
simply say that wu will wait and take bis acts
rather than the promises of bis friends. He is a
young lawyer of fine attainments and goinl execu
tive ability, and if elected as President pro tern, of
this Senate I am satisfied that he will, in presiding
over the Senate, deal impartially with all Senators
rather than be governed by partisan motives.
Mr. Sattbkwuitk — Mr. President, I place in nom
ination for the position of President pro tern of this
body the Hon. Warren Chase, of the Third District.
In point of expe ience and public service that Sen.
ator baa the advantage of any Senator upon this
floor. He, sir, was 67 years of age upon the day
when this Legislature convened. Nor is it the first
time that he has appeared in a body like this. In
I .-."•o and IST>I he was in the Semite eif tbe Slate of
Wisconsin. After that he was a member of two
Constitutioual Conventions of the some State, and
if elected to d acharge the duties of President pro
ti-in. of this body 1 an) satisfied, sir, he will do so to
the satisfaction of all.
There being no other uominations the roll was
called, with the following result :
For George F. Baker- Senators Burt, Brown, Car
lock, Chmiey, Davis, Dickinson, George, Hill, Hit
tell, Hudson, Johnson, Johnston, Lampson, Neu
mann, Nye, Pardee, Rowell, Sears, Traylor, Watson,
Wendell and Zuck— 22.
For Warren Chaser-Senators Andersen, Conger,
Enos, Glascock, Gorman, Harlan, Kane, Kelly,
Langford, MoreUnd, Nelson, Pool, Ryan, Satter
white ami West— ls.
Senator Baker voted for Senator Sears, aud Sen
ator Chase for Senator Satterwhite.
George F. fiakcr was declared duly elected Presi
dent pro tern.
The Lieutenant-Governor— Tho next business in
order will be the election of a
SHCRETARY.
Mr. David— l believe it is conceded that the duties
of the Secretary of this Senate are most exacting
and arduous. At this present sessiem of the Senate
all will concede that they will he more so than ever.
The dominant party of this body, in making a selec
tion for that office, have had these considerations in
view and have been animated by the pnrpose eif
placing in nomination only a person who is emi
nently qualified for that position. I take pleasure
in nominating Marcus D. Boruek, of Sail Fraucuco,
for Secretary of the Senate.
Mr. .Enos— I rise to place in nomination for Secre
tary of tbe Senate, Samuel Carusi, of San Francisco,
who is every way competent to perform the arduous
duties of Secretary of the Senate. He has bod ex
perience and is qualified, and as such I commend
him as a suitable i>erson for Secretary of the Senate.
The roll was calied and M. D. Boruck received tt
votes and Samuel Carusi lo votes. Mr. lloruck was
declared duly elected.
TUB OTIIIR OFFICERS.
Mr. Baker— l place in nomination for First As
sistant Secretary J. K. Brierly, of Los Angeles.
Mr. Chbnkv — I desire to place in nomination Jar.
A. Orr.
Mr. Enos— l move that we vote for both at once.
Tb<s Liectenant-Govkrnor— lf there be no objec
tion that will be taken as the sense of the Senate
and we will vote that way. I hear no objection.
Mr. Mi iiiki.a.mi 1 place in nomination for Assist
ant Secretary Joseph Hotchkiss, of Sonoma county.
He is a young man thoroughly qualified (or the po
sition.
Mr. < hakk — I place in nomination the name of
Henry Carnes, of Santa Barbara. Mr. Carncs is a
niaii of experience and ability and a man deserving,
if any man is deserving, of sumething, at least fre»m
the Republican party. Mr. Carnes is a faithful and
efficient man in every place. He is deserriug and
needy and I trust that some consideration will be
given to our section of the State and district.
Mr. Daws— One of the Senators in making his
nomination designated his candidate as First Assist
ant Secretary. We are liable to fasV into some con
fusion.
Tbe LIEtTBNANT-GovERXOR — Thcvare both equal.
When the Secretary calls the roll the Senators will
announce the two |»artieH for whom they vote for
Assistant Secretaries of the Senate.
The roll was called, with the following result :
Brie'rly, 25 : Orr 26 ; Ilotchkiss, 13 ; Carries, 15.
Messrs. Brierly and Orr were dallied duly
elected.
The Lievtknant-Go\ krxur— With the consent of
the Senate, at the request of the Secretary. I will
swear in Mr. Boruek, whom you have elected, aiul
let him assume the duties of his ollice at once, it
will relieve Secretary Shoemaker, who is not able
to read this morning. If there be no objection 1
will administer the oath to Mr. Boruek.
Mr. Bornck came forward, was sworn in, anil at
once assumed the duties of bis office.
SENATOR DBSTT.
Mr. Enos — If there be no objection I have acorn
munication that I elesire to have read, it is of Im
portance to the Senate and I desire to have it lead.
The secretary read the following; elispatch :
RIW Youk, January . r >, ISSO.
To the President of the Senate : Unavoidably de
tained. Will appear and present credentials 'soon
as possible. ROBT. UE.STY, Joint Senator.
Secretary Boroek Htatee) that the-re was also on his
desk a communication from Mr. De-sty, directed to
the Secretary of the Senate to the tame effect.
Mr. Enos — I move Hut it be relerred to the Com
mittee on Elections when appeiinted.
The LiEiTKNAXT-GovKRNOR -If there be no objec
tion the papers will take that course. The next
bu mess in order is the election of a Sergcant-at
iflM
Mr. Hill— l rise to place in nomination Andrew
Wasson, of Monterey county, fyr the position of
Sergeaiit-at-Arma of th« Senate. Without taking
up the lime of the Senate with any eulogistic re
marks with regard to this gentleman, I will say that
ho is in every respect qualified for the position of
fciergeart-at-Arms of the benate.
Mr. COHOSR- I pi cc in noininatron Philip Open
licitner, a young man raised in Sacranoiito and no v
residing in .^an Francisco. He is in every vav
qual.fied to fill the position. At this time I nill Dot
make any speech upon the subject, but leave it to
the Senate.
On a call of the roll Mr. Wasson received 23 votes
and Mr. Opcnheuner lt> votes, and the former was
declared elected.
The LieltknantGovkenor- The next order of
business is the election of an Assistant Sergcaot
at-Arms.
Mr. Pardek -I rise, sir, to place in nomination
the nameof a gentleman from Sierra county, Gritfith
Meredith. He has been long ideniiticd with a poai
tion similar to the one he now aspires to, and if
elected I am satisfied that he will give sacisiaciion
to every member of this Senate.
Mr. Gormas— l will place in nomination Thomas
Terry, for the position of Assistaut Sergeant-at-
Arms.
On a call of the roll Mr. Meredith received 23 votes
and Mr. Terry 10 votes. The former was declared
elected.
ABHEMBLY MESSAGE.
A message was received from the Assembly in
forming the Senate that the Assembly had completed
its organization by the election of all its officers, a
list of which was given, and that it awaited the
pleasure of the Senate for legislative business.
Mr. Wendell — I rise for the purpose of placing in
nomination for the pvsition of Minute Clerk Walter
R. Lambert, o' Solauo County.
The roll was called and Mr. Lambert received 27
votes, two being cast for Mr. McStay. The former
was declared elected.
Mr. Burt— l desire to place in nomination for
Journal Clerk the name of Charles H. Graham, of
Placer County.
Mr. Conokr— l nominate A. M. Stone, of San
Francisco.
Mr. Graham received 24 votes and Mr. Stone 15,
the former being declared elected.
Mr. Watson— l desire to place in nomination for
the office of Enrolling Clerk E. A. Roberta, of Ne
vada.
Mr. Roberts received 2S aud all the vgtes cast, and
was declared elected.
The Assistant Secretaries, Messrs. Brierly and
Orr, were then called to the desk aud sworn in by
the Lieutcnant-Oovernor.
Mr. Jounstox— l rise to place in nomination for
the position of Engrossing Clerk E. E. Ames, of
Sacramento, an old and respected c.tizen of Sacra
nunto, who will perform the duties of the p.sition
correctly.
- ■ - ; ■'"• "" A ITEW DErARTIRII. '•'
Mr. Enos — I have the pleasure and the honor to
rise to present the name of Mrs. E. F. Ives as En
grossing Clerk ol this Senate, the lias ail tht: quul
ificatiuus necessary to perform the duties of that
position. Mi.: has been Engrossing Clerk for two
years ■in the btate . of lowa, \ aud . she comes
recommended as competent to discharge the duties
which this position demands. I hold in my hand
testimonials in behalf of Mrs. Ives, and I will read
one or two brief extracts tak n from the report of
the committee at the close of the session in the
years 1574-5 : "Mis. |E. F. Ives waited patiently
Uuongb the long reign of the 'two fifties ' for the
position which sne, as Engrossing Clerk of the lowa
House of Representatives, obtaiued as soon as the
House was organized. ; She is a native of New York,
and was early lett to her own guidance and support.
Teaching was her resort till tcr marriage and settle
ment in lowa, where, in conneition with farming,
she has kept up liurary pursuits as correspondent
and editor, and particularly during the occupancy
iif the cilice of County Superintendent of Schools'
was active in the educational field. She has bceu
one of the Directors ot tbe State Horticultural So
ciety two years, and has Just been re ekcted. She lus
taught, in all, thirty-three teruJs of school." I bold,
ako, a testimonial from c .-Governor. C. C. Carpen
ter, of lowa. I therefore feel warranted in com
mending this lady to the favorable consideration of
this Senate for the podtion of Er+rossing Clerk.
Tli'Tie.*- Constitution has provided fur and encoar
aged and opened wide all the avenues of professions
and callings to tbe ladies, aud 1 ihink th Senate »f
the Mate vi" California snould c tmnu.ee by inau
curatiug a systtm uf liberality bjr gi>icir to this lady
this position. I trust that she will receive at your
hands f»Torable ceutlJttallon. ' '"'.■■ . <*■ ■■■ ■- •
O Mr. West— For the firit time I have learned that
Mrs. Ives is present. 1 had the pleasure of her ac
quainui.ee in the State of lowa. 1 knew sometbinz
of her, ai d I know Ehe is wtll-known there to Le a
very estimable laHv, and one who possessed the en
, tire-confidence of the best men of the State. "I do
hope thai Mrs |lies' claims will be considered, »Dd
ton- she will be elected to the position to which she
aspires.
ioe roll was called, and Mr. Ames received 21
totes and Mrs. Ives IS votes. The former was de
clared elected.
: Mr. Ames and all the other officers of the Senate
were the nominees nf the Republican caucus. . -
Mr. 1 ickinsox — I desire to place in nomination
for the position of ' Postmaster of the Senate Wm.
A. ' Crawford, a young gentleman well-known to
mu:iy members of the Senate. It is not necessary
to say anything further in regard to him. :. . :-~tH *
Mr. Crawford received all the votes cast — 32— and
was declared elected.' ; "., ■ ■.•;■ . .,-,'■'. f.
' Mr. Brown— l move that the Secretary forward a
communication notifying the House of our organ
ization.- • jo* jmA« •-■ -■■- /'- --■ ■-' ■' •'■■*' '.
The Lieltexant-Governor— l am informed that
tbe House has adjourned until 2 o'clock. > . 1
* Mr. Knos — I desire to offer a resolution. .
j Mr. Johnson— The first business in order is the
swearing in of these officers, commencing with the
President . pro tern. I therefore object to the con
sideration of the resolution at this time. 1 '■';•' ' • ■
f The I.iEiTTENANT-OovRRNOR— It may relate to the
same thing. ..r : > -,: ■■■' 1 -..:■: .:;■.:. :. .■ I
The Secietary read the resolution :'■<: ..'; .-\v '
JU/ivtmi, That the Secretary ot the Senate be di
rected to inform the Assembly that the Senate is
now organized and ready to proceed to business with
the following officers : President pro tern. George
F. Biker ; Secretary, M. D. Boruck ; Assistant Sec
retaries, J. It. Brierly and James A. Orr ; Sergeant
at-Arms, A. Wason ; Assistaut Sergeant-at-Arms,
G. Meredith; Minute Clerk, Walter R. Lambert;
Journal Clerk, Charles H. Graham ; Enrolling Clerk,
E. A. Roberts ; Eugrossing Clerk, E. E. Ames; Mail
Carrier, Wm. A. C awford. v ,: . > ■■'■:. - ' .: ',-
Mr. Johnson— reaulution is out of order, be
cause they are not sworn in yet - , • • '
The Lieutenant-Governor— We will swear in the
officers and then take up the resolution. .■■•■•,
The officers-elect then eaaie forward and were
sworn in by Lieuteuant-Governor Johnson. . :
The resolution offered by henator Enos was then
taken up and adopted. ' . -
EISOLLTIO.HI.
Mr. Watson offered the following resolution :
Hesoloed, That a committee of five Senators he
appointed by the Preident whose duty it shall be to
draft standing rules for t le government of this boiy.
Mr. Enos— l move that the resolution be adopted.
Mr. Johnson— l move tl at it be laid ou the table
temporarily.
The LiEeTENANT-GovBRNOR— If there be no ob
jection it will lay on the table to be called up at any
time.
Mr. Davis offered the following joint resolution :
Retalced, by the Senate, the Assembly concurring,
That the two bodies meet in 1 joint convention on
Wednesday, January 7th, at lit/dock, noe>n, for the
purpose of canvassing the vote anil declaring the
result of the election for Governor and Lieutenant-
Governor.
The Lieitenant GovKRXOR— I will state that we
will have to announce ourselves as organized to the
Assembly before we can pass a concurrent resolu
tion. If there bit no objection tbe resolution will
lay on tha table for the present.
Mr. Paroee offered the following concurrent res
olution :
lietulval, by tho Senate, the Assembly concurring,
That a joint committee of si v, three troni the Senate
and three from the Asseinblv, be appointed to no
tt y the Governor that the Legislature is now organ
ized and ready to receive any communication he
may wish to make it.
The resolution took tbe same course.
Mr, Johnston offered the following joint reso
lution :
Jictnlved by the Senate, the Assembly concur
ring, That a committee consisting of three members
at the Senate and three mumbcrs of the Assembly
be appointed to confer with the Governor and Lieu
tenant-Governor elect, as to wbat time the inaugu
ration ceremonies shall take place, and that said
committee have full power in the matter.
The resolution took the same course.
By Mr. Esos-Jtaiolvrd, That the Secretary of
State be and he is hereby requested to place upon
the elesk of exch Seuator a copy of the codes and
amendments and statutes.
Mr. Sattbrwiiite— That resolution peihajw had
better be amended so as to read Hit:eU's Cexies and
Statutes. Two y.ir< ago a similar resolution was
adopted, and the Secretary of State sent word that
he did not have a sufficient number to furnish tho
senati'. The Senate at that time adopted a resolu
tion that he purchase a sufficient number of Hit
tell's Codes and Statutes. I move to amend tbe
resolution by inserting the word " Hittell's."
Mr. Esoß - 1 accept the amendment.
Mr. Baker— l would like to inquire whether the
same copies can be used by us or not, or whether
this involves the purchase of forty new copies.
Mr. Satterwhite— l hare on ruy de k the same
copies that I used two years ago, and I am informed
by Secretary Beck that he has about two-thirds oi
the number that were used two years ago. About
one-third of the members took them home, and it
will be necessary to purchase a few copies— perhaps
ten or twelve.
Mr. Baker— Then, Mr. President, I am opposed
to this resolution, liecausc they would be of service
only for a short lime, and if it involves the purchase
e>f only tifteen new statutes I think it is unneces
sary. A number of the members of this body are
lawyers Who probably have copies. If the resolu
tion eoulel be amended so as to request Ihe Secre
tary of State to furnish the copies that he hus, I
could support it. 1 move that the Secretary of
Mate be requcstetl to furnish the copies he haa in
his possession.
The amendment was accepted 1 and the resolution
adopted.
Bj .Mr. CiirNEY Jtemfefll, That P. A. Bell he,
and hereby is, ap|xiintcd watchman, to have charge
ot tbe gallery, at a per diem to bebereafter fixed,
payable out < f the appropriation for the contin
gent expen»ts of tlii' Senate.
Tho I iErTf.\ANT-:;ovEßNoi;--Thc C'hnir thinks the
resolution is out of order, for two reasons 1 first, it
Involves an appropriation of mo. cv for liis pay ;
and seconl, tbat urnier the rules that appoiutine'nt
belongs to the presiding officer.
Mr. Johnson- = 1 respectfully appeal freim the de
cision of the Chair. 1 know of no kuv, I know if no
rule, I know, ol in • provision by which that resolu
tion is out of ord> r. The Sei.ateof the State of i bill
f irnia, under the Constitution of the State of Cali
fornia, may choose i;s own officers and fix their pay.
It hr.s been d- ne at every session of the Senate. It
was done at tbe last session of the Senate by resolu
tion.
The LIKI'TKNAXT-GoVERNOR— I believe, if tie gen
tleman will permit me, that the President of the
Senate now appoints the Porters.
Mr. Johnson -Tins is not a Porter. If I under
stand the resolu ion calls for a watchman of the gal
lery. The Lieutcnant-CiuviTiior appoints the Pa;es
and Porters by c mrtesy ea> tin Senate. If this S^n
at'; stood ujkiii its constitutional privileges it could
elect them all, and it is simply a courtesy that the
Senati extends to bun. It i» for tbe Semite to say
if they wish to have a watchman in the gallery.
The LtEtTKXANT Governor— The Chair will state
that there is no courtesy about this. The yowcr is
\ esteel iii tbe President of the Senate by an Act of
the Legislature, passed by both houses and signed
by the Governor, but it makes no difference. 1 will
put the motion and save th'± time of discussing it.
Mr. Esos— I move that $4 be inserted as the com
l>- ns.ition per day.
Mr. .!< UNyoN — 1 will state, if the gentleman will
pardon me, that the niattir of compensation, as I
am informed, »as left blank because it was under
stood that the Committee em Contingent Expenses
would report as to the compensation of all these
minor offiet-rs, and then the mattcrcould be done all
at once. While I am perfectly willing tti vote for
the motion of the Senator if be de ires it, I uish
to state the re sem why the compensation was left
blank, as 1 am informed.
Mr. Enoh -The object of my amendment was that
we might have to de|>end upon uo circumstances or
contingencies hereafter, and I insist on my amend
ment.
Mr. Cueney I accept the amendment.
Mr. SATTEitwiiiTK — Ihe Chair appoints three por
ters and three pages by law. flow, I move to
amend that resolution by inserting be-fore tii s word
■■wa>chman" the word "night," so as to read
" night watchman," because (he porters during the
day can take care of the chamber. The Senate
adopted last session the following resolution :
" HtmHvtd, That the Senate apprint a night watch
man," etc, I move that amendment
Mr. CifENKi — I uiielerstauei that at the lastsc3sion
a watchman for the gallery was I- uml to be abso
lutely necessary after trying to get along without
him, and that a night watchman was also found to
be necessary. 1 cannot, therefore, accept the
amendment.
Mr. Sears — The question has been raised whether
we are not infringing on the right of the presiding
officer, and not desiring to infringe upon thos* pre
rogatives, I move that this matter be laid over un
til it can be fully understood.
So ordered.
liy Mr. Bxow.l— Regolved, That the Sergeant-at-
Arms be empowered to appoint two Gatekeepers,
one for each side of the fcenate Chamber, at a per
diem hereafter to be fixed by the Senate.
The Lieitesakt Govbrsor— he Chair desires to
state that I consider these officers named in the res
olution as two of the Porters. Of course if it is any
other officer than one of the Porters it is not an offi
cer known to the law. This Senate has no more
power to elect an officer not provided for by law
than it has to elect a President i f the United States,
and it cannot pay for any officer that it is not au
thorized to elect by law. > . , t :
By Mr. Esoß—Jtetoleed, That the Secretary of
State be and he is hereby requested to place upon
the desk of each Senator a copy of the statutes of
1577-8. Laid over until tomorrow. . • . '.. ,
. By Mr. I'akukk— Htnolted. That the Sergeant at-
Arms be directed to furnish each member of the
Senate with five daily papers, published in the State,
or their equivalent in weeklies. I Laid over until af
ter organization. . -
By Mr. Chexbv— Revolted, Tbat J. W. Johnston
be and he is hereby appointed Mail Carrier of the
Senate; at a per diem to be hereafter fixed, payable
out of the appropriation for the contineent expenses
of the Senate. Laid over until to morrow. -•
By Mr. I>ickissox— Remlced, , That B. Cavanaugh
be and he is hereby appoint«d Night Watchman, at
a per diem f> be hereafter fixed, payable out of the
appropriation for tbe contingent expenses of the
Senate. ..-•-.■■ . - - ■ t|
Laid over until to-morrow. " ' ■•'■■■' \ '"■.,
By Mr. Dickinson— Rctolved, by the Senate, the
Assembly concurring, that a joint committee, *f six,
three from the Senateand three from the Assembly,,
be appointed to make the necessary arrangements,'
and tv expend such sums of money as they shall
deem necessary for tbe proper inauguration of , the
Governor-elect.- . . . . -. ■ - * ■- .'.
. 1 lie Lh4ite.na.nt Govkrsor— lt will take the same
coarse. ' . , ■ . '
Jlr. Esos— l move that it be laid on the t»ble.
The LiKi'TF.NANT-GovKßMin-lf there be no : ob
jection it will lay on the tabU :•• • •
CHAPIAIX.
• P.y Mr. Johnson— Hetehed, That the Senate com-,
jilcte its orgai.ization by the election of a fhaplaiu.
Mr. Jaamaaa I move the adoption of the resolu
tiou, and trust that a vote will be taken Uf>oa it now,
and that it ill not go over with the balance of the
resolutions, to wait until the trump of me other
Gabriel shall sound. Ifv.o are to have a Chaplain
1 tvs decide promptly. i have no defire to speak
upon the subject except, simply to say that 1 am iir
fivor of having a Chaplain, and that I am in fivor,
of deciding the matter new aa to whether we have a
Chaplain or not. . I therefore ask for a vote on it
DOW. ■" ■••' ■■•■• • r
.Mr. KEtiiAxy- Mr. President, as I understood
your language before, there is nothing in the la*
that authorizes us to elect r.:iy oirL-ers except such
t3 ire men us in the law. L•m not aware that the
law provides for a Chaplain for tbis boely. If that
he th>. case 1 shall oppose the motion on that
ground.
tor. Chase Whatever respect I may have for the
clergymen or their religion, 1 cannot consistently
\ote for this resolution nor for a Chaplain. If I
understand the Constitution it prohibits our paying
money out <f th< trensury for any religious institu
tion or religious purposes, and as we have already
decided in this St ;te that religion is not necessary
in the schools — prayers are neit necessary' in the
sche)ols — 1 think they arc not necessary in the Le?-
Hature. Ido not know that prayers are any part
of legislation, or that they have any part in Die law.
To me it seems that it is extraneous, and that it
is prohibited directly by the Constitution. I will
not take up the time of the Senate by reading the
articles which seem to me tn prohibit the expendi
ture of any money for any religious purposes. Ido
not believe we have any right to pay for the services
of clergymen either in this hall t-r elsewhere.
Mr. Johnson — As to the legal proposition which
the Senator freim San Francisco has given us by our
presiding officer, I hava this to say, that I know of
■io law which si) s that the Senate of the State of
California shall not use the contingci.t fund in such
manner it thii ks best. On the contrary, the Senate
of the State of California can spend every quarter jf
a dollar in the contingent fund of the M'n.ite in the
purchase of anything it desires, whether it be sta
tionery, salaries for new officers or in presents to
this mau or that man. And if precedents are to
govern, I would refer him to the last session, pre
sided over by the same gentleman who presides over
us so ably and so kindly, where officers were elected
with Ins consent and received their pay uuon his
signature, to wit, a night watchman : to wit,
mail carrier; to wit, watchman of the gallery;
to wit, clerk to the Sergeant-at-Arms ; to wit,
clerks of the various committees. Now I call at
tention to that simpiv as a precedent. Now, when
it comes down to the grand constitutional
question, I have simply to say that I recognize
the fact Uiat this celebrated new Constitu
tion, whirh we have all sworn to support,
and 1 suppose we can, although we will find it dim
cult to do sometimes, commences thus : " We, the
people of the SUte of California, grateful to Al
mighty God for our freedom, and in order to secure
and per|«etuatc its blessings, do establish this Con
stitution." It seems to me that the gentlemen who
framed this organic law were not afraid to recognize
their dependence upon Almighty God. So far as ap
propriating money for religious purposes, if the
gentleman will show me the section which applies,
he will be able to show me a great deitl more than I
hare been able to find. The onlj one which refers
to it at all is section SO of Article IV: "Neither
the Legislature, nor any county, city or county,
township, school district, or othermunicipal corpora
tion, shall ever make an apt*ropriation from any
public fund whatever, or grant anything to i r in aid
of any religious Beet, church, creed, or sectarian
purjiose, or help to support or sugtaiu any school,
college, university, hospital, or other institution
controlled ty any religious creed, church, or
sectarian denomination wha'ever ; nor shall
any grant or donation of persona^ property
or real estate ever be made by the Sta'c, or
any city, city and county, town, or other munici
pal corporation, f->r any religious creed, church or
sectarian purpose whatever ; provided, that nothing
In this section shall prevent the Legislature from
granting aid pursuant to section 22 of this article."
Now, it may be that some cautious metaphysician
may construe the electiem of a Chaplain and the
payinfhim of a small per diem into an appropria
tion to support or sustain some religious sect,
church, creed, or sectarian purpose. For one, my
mind is not fine enough to see the'distinetion. For
one, I am in favor of having a Chaplain, believing
il tc be legal and constitutional, and knowing it to
be proper. This is a Christian community, and
rece)gnizing the fact that we are defiendent, in the
language c i the Constitution, and that we arc grate
tul to Almighty God, how can we better manifest it
than for a few minutes at least each day putting away
secrilar affairs and invoking religious afd. I make
no pretension to any particular religious belief. Per
haps I might agree with the gentleman in his views,
but I am sneaking of this as an old and honored cus
tom. I believe it to be a proper one. I believe it
to be a legal one. I hope the Senate will adopt the
resolution and not depart from a custom so old, BO
honored and to good aa that of having a Chaplain.
Mr. Enos — I offer the following as an amendment
to the resolution
The Lieutenant-Governor— The Chair desires to
state that he is perfectly awar« of the fact that all
of this matter is out of order until the Senate is or
ganized. lam perfectly satisfied of all this, yet we
m >y as well act now as at any time.
Mr. Enos offered the following substitute for the
resolution :
Itemized, That the Senate hereby invites any and
rll clergymen of Sacramento to a-tend the opening
of the Senate each day without pay.
Mr. Enos— Now, Mr. President, as we are a
Christian community, and as my distinguished
friend from Sacrameuto has championed the cause
(>f Christianity and the rcce>gnitie.n of God in the
Constitution and in the Senate Chamber, I trust we
can get God's servants to come here without pay
and give us a little spiritual warning and advice,
and I trust the Seuate will accept this as a substi
tute.
Mr. Sears— l move that this whole matter go over
until to-morrow, or until we arc fully organized. •
The Lir.UTEKANT-GoVERXOK— Both will lay over
until to morrow.
Mr. Johnson— l move that we take a recess until
2:30 o'clock.
Tbe motion prevailed. . .
AfTEH.NOON " SESSION. ..
The Senate reassembled at 2:30 r. m., Lieutenant-
Governor Johnson in tbe chair, luill called and a
quorum present.
ASBE.MBI.V .MhSSAGK.
A message was received from the Assembly an
nouncing the adoption of.Assembly Joint Kei»olu
tiona Nc* 1, 2 and 3.
Tbe .Secretary read Asserablr Concurrent Resolu
tion No. 1, providin?;for a Joint session on Wednes
day, January 7, ISsO, at 12 o'clock m , to canvass the
vote for Governor aud Lieutenant-Governor, .and it
was concurred iv.
Assembly Concurrent Resolution No. 2, providing
for a joint committee of six to wait on the Governor
and Lieutenant-Governor-elect, and ascertain what
time they will be ready for inauguration, was read
and concurred in.
Assembly Concurrent Resolution No. 3, providing
for a joint committee of six to \v:iit on Governor Ir
win, and inform him that tbe firglnlatnrn was or
gauizeel and prepared to receive any communication
he illicit be pleased to make to it, was read and
concurred in.
The Lieutenant-Governor appointed on the part
of tbo Senate, under the last resolution, Senators
Fardee, Watson and Brown.
Mr. Johnston called up his resolution, introduced
this morning, providing for a Committee on Ar
rangements ior the inauguration of the Governor
ami Lieutenant-Governor-elect, aud it was adopted.
The Lieutcnact-Governor appointed on the part
cif the Senate, under that resolution, Senators Dick
iiicon, Johnston and tatterwbitc.
Senators Dickinson and Davis withdrew the reso
lutions eiffered by them, and covered by the Assem
bly concurrent resolutions that had been concurred
in.
. 1 Senator Parkf.ii, from the Special Committee ap
pointed to wait upon Governor Irwin, reported that
they had performed that duty, and tbat iv a f--w
miuutca the Senate would receive the Governor's
ssage. •'■ '• ' •■ ' ■■■'■ " L ' —
.. . ; . . nil 1.-" INTRODDCED. - . 1
•By Mr. Joiissox— An Act to compel the restriction
of tulse ami defamatory articles in newspapers antl
publications. |This bill is an exact copy of the bill
intrt'ilui'i il by. Sir. Johnson in tho Assembly at the
last session, and which attracted so much atten
tion |
The Liki tenant Governor— UuUer the old rule
we were in the habit of reading bills by title a el
referring thsni. Tnder the new Constitution we
have got to read this bill.
Mr. Satterwiiitk— l differ with the Chair on that
proposition and will stale why. » ) -
The LiKtTKNANT-GovEUNOR— I hope that the gen
tleman will be able to show that it is not necessary,
but I am inclined to think that it is.
UESSAUE FROM TIIK OuVKBNUR. .
E. W. Maslin, Private Secretary of Governor Ir
win, appeared in the Senate Chamber and said : I
have the honor to transmit to you a message from
William Irwin, Governor of the State of California,
to the Legislature of tt. is State. 1 Also, (a transmit
to you tbe Governor's message announcing certain
appointments, . with tbe request that the Senate
confirm and consent to the same.
On motion of . Mr. Johnson, the latter message
was made the Bpvclal order for Thursday at 2
o"clock. - ■ - ' ■ •': ' . ;
The opening of the other message was read, and,
on motion of Mr. Brown, it was referred to the ap
propriate committees when appointed, and 2,000
copies ordered printed.' 1 '
. Mr. Sattkrwiiitk— l think that the first and sec
ond reading of a bill may be by title, but on the
third reading it must be read at length. ; Our Con
stitution provides: "Nor shall any bill be put
upon its final passage until the Simc, with the
amendments thereto, shall have been printed for
the use of the m< tnbers ; - nor shall any bill become
a law unless the same be read on three several days
in each house ; unless, in case of great urgency,
two-thirds of the house where such bill may be
pending shall, by a vote of yeas and nays, t'ispensc
with this provision. Any . liill may originate in
either house, but may be ■ amended or
rejected by the other, and on : the ' pas
sage of" all bills they " shall be read at
length, and ■ the vote shall •be- by yeas and
nays upon each bill separately, and shall be entered
on. the journal; and no bill shall become a law
without the concurrence of a majority of the mem
bers elected to each house." I have compared that
provision of our Constitution with other Constitu
tions. There are several State Constitutions of the
United States which have this exact languji.'e.
There are other CoiiFtitutions that .use different
language. In some of the Constitutions I see that
they use tbe wcrds, "they shall te read at large on
three several days. Another expression" is used,.',
"shall be read at length on three several days."
There are several expressions of that kind in the
different Conrtitutions of the States. Now, str, it
is presumed that the members of the Constitutional
Convention compared all these Constitutions and
the fcxpre>sii.-ns, and they adopted this one, " Nor
shall any b 11 become » law unit** the same be read
on three several days," evidently intending that
the bill should be read at length on the third day
or upon its pasrige. If they had intended that tile
three readings of a bill should have been at lengtli
they certainly would have adopted the expression
that we find in beveral Constitutions of the different
States, and wculd have used the expression "read
at length ou three several days,'" or '.'read at large,"
or " read in full on three several da3S." 1 therefore
come to the conclusion, sir, tbaV we can read bills
the* rirst and second time by title and upon ita third
reading before passage it n.ust be read at length. |
. Mr. Joiissos— l desire to pay that I have given
this matter seme attention, and that 1 am of the
same opinion as the Senator from San BaTMrdmo.
I ileeire to say. that I took coutisil of other gcnUe
men, one. of them well known to every Jawytr in
this State, who happened accidentally to be present.
f allude to the Hon. A. C Freeman, member of the
Constitutional ' Convention, and his opinion is the
s-une as the eentleiuaa's , from £au TtnuisiiiTlsMi aiiil
mine, that t!.e bills can be rcadby titieas heretofore, .
trat they trust be read at length on the final pas
sagn. •■ 1* ; will ■:' state - that .1 have <no : pref
mn-e iv ■ this i matter. , As fkf as I am
individually concerned I do lot know of any . m.re
interesting reading to listen. to than bills tbat 1:
sbsll introduce, but at thesame time 1 do not desire
to Introduce bills luertlv to intfrest and amuse, and
I »rh *tlBn? to ejcpcxllte business by abaaJooing aji
claim to have them reml at full length, except ujioii
Uieir final passage. I believe it would be cntirelv
legal and niogt eminently proper to read at
length on the final par??.ge. The words '*at length "
not being used the first and s cond times, they of
course are only app'icablc to the third time.
Mr. Sears— l also have given this question con-
Mdcrablo investigation, and have arrived at the
same conclusion that Senators Satterwhite and
Johnson have. The object I bad yesterday in making
a motion for a Committee on Rules wasin order that
we might settle this question before any bills were
introduc. d. But the question has now come upon
us, and as it won't make any difference with the
bill, I would simply request the Senator from Sacra
icento to withdraw the bill or bills until we nave a set
of rules adopted by the Senate for the government
of this very question. If bills are to be read
through three times (this may be a excellent bill,
but we will suppose it is a bad bill), now, to take up
the time of the Senate to read a bill through every
senator may be opiiosed to would be a great waste
of time. I do not think that that clause in the
Cons . itutiou will bear that construction, and I
think our worthy Lieutenant-Governor will agree
with us when he comes to examiue it more fully.
It docs provide that it shall be read at length oq it*
linal passage, and therefore the inference would be
that it is not necessary to read at length on the
first and second readings.
Mr. Ekok— l ds not agree with the gentlemen
that have preceded me I think tbat the Consti
tution requires a propel construction of tt— that all
bills Sjball be reud three times and ou three distinct,
different days. ißcails Section 15 of Article IV.,
above quoted.] I think that the Constitution re
quires that every' hill shall be read three times and
on three different days.
Mr. Dickinson— l also have) examined this ques
tion as to tbe reading of bills, aud have collected
some authorities on the subject, though 1 have not
got them here now. But I think we shall he obliged,
in compliance with the Constitution, to read these
bills at length. The provision found in Section 15,
of Article 4 [cjuolcs l..st two clauses of section],
soys that on its final passage it shall bo read at
length. There areone or two Supreme-Courts — 1 think
the Supreme Court of Nebraska and the Supreme
Court of Minnesota—have interpreted a similar
clauae in their Constitutions, aud they bold there
that tbe reason why the language is used that on
the final passage of bills they shall be read at length
is to make it compulsory upon the legislative body"
to do it, and take away from them the power which
is conferred upon them by the first part of the sec
tion, where they may dispense with the Urst and
second reading bp a two-third vote. The object ot
tbe latter clause is to remove the power from tbe
legislative body. They may dispense with the first
two readings, butthcy shall not dispense with reading
at length on its final |>assage. The Constitution of
Alabama contains a clause exactly like this, an i in
a case in 2S Alabama that clause is inter
preted as directory. But our Constitution
contains a clause tbat makes it mandatory and pro
hibitory A similar provision exists, 1 think in
eight or nine State> Constitutions. Except for that
clause in the Constitution which provides that it is
mandatory antl prohibitory, I should agree with the
gentlemen who first stated their views, that it
was merely directory and that the legisla'jve body
might overlook it or ignore it and dispense with it ;
but I am satisfied that under that provisieui of the
Constitution and in view of tbe decisions which have
been rendered on this clause — almost the exact lan
guage— I am satisfied that we shall be compelled, if
we Comply with the Constitution, and I believe we
all desire and intend to do that, to read these bills
three times, except we by a two-third vote dispense
with the reading the first and second times. But
we canuot at any time diupeuse with the reading of
the bill on its final passage.
Mr. Davis- I regard this as a very important mat
ter and one in which every Senator is individually
interested. If a bill be introduced here and take
the course suggested by the Senator who first spoke
and it should be decided hereafter that the gentle
man who last spoke is correct, such bill fails to be
eon if a law. If I intro ; ucc a bill here and have it
passed, I want it passed so as to become a law. 1
have Mot examined the matter particularly, because it
seemed to me that it would need no examination.
As 1 read it and as I understand the English lan
iruage, it seems perfectly plain that bills must be
read three times, on three different days. If we
can dispense with two readings it will be a great ad
vantage to all ef us; but when a hill is passed 1
want to know that It is to become a law.
After some discussion it was decided to allow the
billa introduced to be read by title and ordered
printed, with the understanding that they should
hate their precedence of introduction, but not con
sidered as having been read the first time.
By Mr. Johnson- An Act to provide for the pur
chase of a Governor's mansion. [Provides for pur
chasing Governor Stanford's house for a Governor's
mansion, and appropriating $40,000 therefor. All
to be under direction of Governor Perkins.]
By Mr. Johnson— An Act to prevent the accumu
lation of large landed estates. [Provides that no
person shall devise more than 320 acres o{ land, and
the balance shall be divided according to the statutes
of descents and distributions.]
By Mr. Em>s — An Act to provide for trials upon
information. (Provides for speedy and immediate
trials after preliminary examinations before the
committing magistrates, and provides for the same
proceedings as are had upon trials upon indictments.
Makes it the duty of the District Attorney to file in
formation.]
The folleiwing resolution was adopted :
liemhfi. That a committee of live Senators be
a- pointeel by the President, whose duty it shall be
to draft rules for the government of this body.
The Lieitenant-Governor ap]Kiitited as such
committee Senato- Sears, Johnson, Watson, Dickin
son anil Sutterwbitc.
Mr. Watson offered the following, which was
adapted :
Jletvleed, That a committee of three be appointed
to ascertain the amount ilue tbe temporary officers.
The Liei'tesant -iJeAKKNOR appointed" Senati is
Watson, \\\>t and Pardee.
On motion of Mr. DlCKixsoli, at :t::)0 tbe Senate
adjourned until to-inomra :it 11 o'clock a. .*.
.4 SS KM I! 1.1.
s.uitAMKNTo, January 6, 1880.
The Assembly met pursuant to adjournment
at 10 A. Ji., Speaker Cowdery in the chair. Roll
called and quorum present. The Journal of yester
day was read and approved.
ilr. Habdy Mr. speaker, I move that the As-
BCmbly now proceed to the further election of of.
Beets, Adopted.
BfSaJQES tlUt TKM.
Mi-. [\-\ Mr. Bpeaker, I desire that at some time,
and occasionally threiugh ithe session f tliix Legis
lature, tba mountains shall shake hands with the
sea at the Speaker's chair, and to that end it affords
me grt^at pllaamu to psaos in nomination forSpeakcr
pro tcm. tlie Hun. T'ioinas Fraser, of El Dorado, a
gentleman whose experience eminently qualities
him for the position.
Mr. Corcoran — Mr. P)>eaker, this position is a
very resiionsible oue, requiring a man of experience
and learning, and I take great pleasure in naming J.
J. HoCartj, i f S:m Francisco.
Mr. SIKNcKK— Mr. Speaker, I take pleasure- in
nominating for tins position the Hon. A. P. Mr-
Carty, of Lake. He is n gentleman well qualified
for tbe position.
The roll being railed, J. J. McCaithy received 22
votes, A. P. McCarty 14, T. Kraser 40. Mr. Fra>er
was declared elected ami duly sworn in.
CIIIEK CLERK.
Mr. Youk— Mr. Sneaker, I am glad and happy to
place in nomination F. C. Gunn, of Santa Clara. I
nave known him for some time, and have cam
paigned with him, mid know him to be all that can
b'j desired by this Assembly.
Mr. Swektlaxd— Mr. Speaker, I rise to jilaiw> in
nomination a gentleman well known, of whoso quali
fications there can be no doubt. He ac'etl as Secre
tary of the Constitutional Conventk'ii. 1 name K.
F. Smith.
Mr. McCartt, of Lake — Mr. Speak r, it affords me
great pleasure to second the nomination of Mr.
Mnitb. He is a gentleman whom 1 have known in
timately for some time. He is well qualified in
every respect, having been tested at the desk. He
will be able by bis ability to faci'itatc ItgUlatiou.
The roll being calied, Mr. Gunn received 41 votes
and Mr. Smith :iei, and the former was declared to
be elected Chief Clerk, and was then sworn in.
ASSISTANT CLERKS.
Mr. Merry -Mr. Speaker, I have the honor of
placingiunominatii.n v gentleman well known to
nios*. of you ; a gentleman representing the interior
p.- ess of the State, who, I can vouch, is tul'y com
|)etent to discharge the res|M>nsililo duties e»f this
position, anil who will do credit to himself and to
this Assembly. I name John G. Uowell, of the
Ku-sian River Flay.
Mr. Cobcoran— Mr. Speaker, I nominate Mr.
Many Ord for this position.
The roll being called, Mr. Ord received 37 votes
and Mr. Howell 41, and the latter was declared
elected and was duly sworn in.
Mr. Brinkk- Mi. Speaker, I have the pleasure of
pln-ing in nomination for ot»e of the Assistant
Cleiks Mr. J. M. Wnght, of Sacramento. He
srrved at the desk as Assistant Clerk during the
Bcssions of the Constitutional Convention. He is a
line reader, and if elected to this position he will
be able to give the Chief Clerk a resi once in a
while. •
Mr. McCarthy of San Franeisco — Mr. S(ieaker, I
place in nomination for Assistaut Clef k a gentleman
from San Francisco, who is comj>eteut in every*
sense to flll the jiosition. He is an able young mau
and worthy of your supjiort. I name J. J. Galvin.
Mr. McCarty of Lake— Mr. Speaker, I rise to
place in nomination a gentleman who is in every re
spect qualified for the |iosition. He is a fine reader,
having served at the desk a* Reading Clerk.
The reill having been called, Wright received 42,
Galvin HI. Caiperiter IS. Mr. Wright was declared
elected, and int then sworn in.
BKROKANT-AT-ARUS.
Mr. YotNi. — Mr. Speaker, I desire to place in
nomination for this position a gentleman who is
holiest «iJ capable, and who possesses all the quali-
Bcationa necessary to give entire satisfaction I
name R. W. Parker.
Mr. spencer Mr. S|>enkcr, I place in nomination
James Farrelly, the present incumbent. He hss*
been tried and has no', been found wanting. If we
wish a faithful officer now is the time to get one.
The roll having been called, .Mr. Farrelly received
: 35 votes and Mr. Parker 43, and tbe latter was de
clared elected, and was sworu in.
i OTHER OfTICF.r.S.
Mr. Ciiambkrlu!!— Mr. Speaker, 1 rise for' the
pnrpoas of placing in nomination for Assistant Sur
geant-ai-Arms a gentleman in every way qualified
Jor the position- A. M. Jewell, of Placer. He
comes well recoin mi-mled, and I indorse biin most
heartily as being we,rthy in every respect.
Mr. QtfßT— Mr. Speaker, I nominate E. H.
Jewell, of San Francisco, a gentleman thoroughly
qualified for the position.
The roll was called and Mr. Jewell received 37
rotes ar.d Mr. Jcwett 40, aud the latter ass declared
e'lee:td and sworn in.
Mr. Watson- Mr. Speaker, I nominate for the po
sit on of Minute Clerk, V. S. Pauly, of ban Diego.
Mr. Stoi»dar»— Mr. Spe-aker, I rise to place in
lwminatii ii 11 r. R F. Carr, of Humbo'dt.
The reill being called Mr. Carr received IB votes
and Mr. Pauly 41, and the. laUcrwasdedared elected
ana sworn in.
Mr. LSACB— Mr. SpeaVer, I de&iro to p!acc in
iiniiiination for the position of Journal Cleric Theo
dore Gray, of golano county. I will not occuur the
time of the Home in patsing any eulogy upon him
simply saying tbat he is in every *ay qualifled for;
the position. „t , ■ -.^ r , r
'' Mr. Dtr. Vali«— Mr. Speaker, I place lis nom:na
ti«c for thit poaitioa Jahu P. Pool, tate gccrvtwy of
DAILY RECOBB-rMO!* BEXIEB.
YOIXMS hi AIi.WUEIi IIS.
t i Mipremc Curt. 1 know hiiu to be a competent
man for the positidti.
The roll Wtoff caliel Mr. Pool received 38 »ote«
and Mr. Gray 41, and the latter taa declared elected
and sworn in.
Mr. Grkts Mr. Speaker, I desire to place in
mminitinn for th« nlflce of Enrolling Clerk
W. K. Read. I have merely to say that he is a
man of Bterling integrity. He is aduabled I'nion
soldier, a p".t scribe -a rartful, puins taking i-erib*
- and in every way qualified for the position.
Mr. Braikuart— Mr. Speaker, I rise to place in
nomination A. I ' Boran, who is well qualified for
the position. He hag been a County Judge for
several Tears, elected by the independent voters.
There are many present in this Assembly who have
been elected by the independent voters. Those
gentlemen who for this time desire to cast t.f their
i arty Bhackles will do no better than to support
Mr. Koran.
The roll being called, II r. Bonn received :''". votes
and Mr. Reed 41, and the latter was declared
elected and Bvtnrn in.
Mr. .-umiKs .Mr. 6|«aker, I place in nomina
tion for the position of Engrossing Clerk T. H.
MeCarty, a gentleman well qualified for the position.
Mr. Me Aium of San Francisco— Mr. Speaker, I
place in norai ation Win. Li wan.
The roll having been calle ', M*. I.yinau received
3.1 votes and Mr. MeCarty 41, and the latter was de
clared elected, and sworn in.
Mr. fox— Mr. Speaker, I desire to place in nom
ination for the office of Potlmasur D. H. Rabd, ol
Al -nil .i.i.
Mr. Sriufcm— Mr. Speaker, I desire to trst the
gallantry ami the sympatnijs of this Assembly. 1
have been luld that the party lines of tome of the
parties ure very tightly drawn. I have the honor to
place in nomination for this position '.he name of a
lady, Mrs. M A. Hotelling.
Mr. S»Kni*»ND-Mr. I rise to indorse
the last nomination. I have known the lady for
some years, and she is worthy and deserving of your
support.
Mr. Tylkk— Mr. Speaker, 1 uo not want to be
captious, I'ut I would tu-k how this lady i»|goiug to
be Postmaster. [Laughter.l
The roll having been called, Mr. Rand received 37
and Mrs. Ho'elling 40, and the latter was declared
elected. She was escorted to the debk by Judge A.
P. MeCarty, and sworn in.
Mr. Mat offered the following :
Jltnvlreil, That the Clerk be instructed to an
nounce to the SeDate that the Assembly has com
pleted its urbanization by the election of the follow
ing officers: Speaker, J. F. Cowdery ; Speaker pro
tern., Thomas Fruser ; Chief Clerk, F. C. Gunu ;
Assistant Clerks, John G. Howell and J. M. Wright;
Sergeant-at-Anns, R. \V. Parker ; Assistant Ser
geantat-Arms. A. M. Jewett ; Minute Clerk, KN.
Paulv; Journal Clerk, Theo. Gray ; Enrolling Clerk,
W. E. Reed ; Engrossing Clerk, T. H. McCarthy ;
l'ootniastcr, -Vrs. llntelling; and awaits the pleasure
of the Senate in leipslative business. Adopt«<l.
Mr. Tylkk offered the following joint resolution :
lieinUed by the Assembly, the Senate concurring,
That both houses meet in joint session on Wednes
day, January 7, 18S0, at 12 o'clock, noon, in the As
sembly Chamber, for the purpose of opening, can
vassing and publishing the vote of the election Int
Governor and Lieutenant Governor, held on the 3d
day of Scptemljer, 187 ft.
BmUvi l.v the Assembly, the Senate concurring.
That a joint committee ol s x, three from the As
sembly and three from the Senate, be ap|)ointed to
wait upon the Governor and lieutenant-Qovernnr
elect, to ascertain at what time they will be ready
for inauguration. Adoptid Feriatim.
Mr. Tylkr offered the following :
Reunited, That there be added to the standing
committees of thin Hou.se a Committee on Mining
Debris, and the lands and interests affected thereby,
to consist of seven memterd.
Referred to the Committee on Rules and Regula
tions.
. Mr. Mkrrv offered the following : .
Ketelved by the 'Assembly, the Senate concur
ring. That a joint committee of six — three from the
Assembly and three from the Senate— be appointed
to wait upon the Governor and inform him that the
Letrielature is now orj,-aiiize<l and prepared to re
ceive any communication h« may be pleased to
niakeit. i , \ -:;.; ... ■ ... > ■ ; .; ..
Adopted. , . . •...-...
Mr. Yoi-so offered the following :
Itesolved, That the Speaker of the Home he au
thorized to appoint one Day Watchman at a salary
of four dollars per ditin, and ' one Night Watchman
at a salary of five dollars per diem, one Paper-folder
at three dollars per diem, to be paid out of tbe Con
tingent Fund of the Assßemblr.
Ueferred to Committee on Contingent Expenses.
Mr. KiiAMtR offered tbe following :
Remixed, That a eommjtto'e of three be appointed
by tbe Speaker to ascertain and report the amount
due as mileage and per diem to the officers and at
taches Of tbe last Legislature for services rendered
iv the organization of the present house.
• Adopted. ■• '
Mr. McCaluok offered th« following :
■ Wiirreah, It appears that tbe people of Ireland
are seriously threatened with the horroi s f.-mine ;
and, whereas, the destitution and suffering that art
now prevailing, and that arc likily to increase, are
in a great measure due to the system of land tenure
which prevails m that unfortunate country; there
fore, ■ ■-•■•■•
-Qjirmhtd by the Senate and Assembly, That the
Legislature of California views with most earnest
and heartfelt sympathy the efforts now being made
by the patriotic Irishmen to ameloriate the condi
tion of their beloved country, and extends to the
.Irish people its sincere wish fur the success of their
endeavors to obtain for themselves and their pos
terity the inestimable boon of equal laws and self
government. '.'
Jtetoltal, That we cordially sympathize with the
people of Ireland in their present alarming condi
tion from tlireatcitiiti; famiie aud in their efforts to
obUin relief from the "|ij>ressive lai>dlord system.
On motion of Jlr. Tyler', it »as referred to the
Committee on Federal Kclutions.
Mr. Uraimia t offered the following :
HutntlVit. That there be added to the standing
ct'tinuitteiftof the Houm aCommittee on Chinese,
to wUom shall be referred all matters of legid^tion
relative to ChlneM.
Referred to Committee on Rules.
Also the following :
lietoloed, That there be added to the standing
committees of the House a committee of seven on
Labor aud Capital, to whom (hall be referred all
matters of Iru'islation relative to the interests of
labor and capital.
Same reference.
Sir. Yorso offered the follow :
lUmlmi, That the .int-at-Arms i» hereby
authorized to oint a clerk at the same per diem
as allowed to the anistaitt clerks at the desk, pay
able out cf the Contingent 1 timl of the Assembiv.
Referred to the Committee on Contingent V.x
--p ns<e. ■ k
Mr May offered the fcllowin^;
/.■'.-'/(■(■(/.That the Committee oil Attaches and
Employes be instructed to report to this House the
name of a suitable person for Assistant Journal
Clerk. ' ' '■• ■ ••>-' • ! . ■ ■ '
Ktierred to the Committee QB Attaches.
Mr. Mkkrv i.ffured the follooing :
Heni'lvfd. That a stand. ne ("iiiniittee of nine, the
■me to be known as the Committee an County
Governments and Municipal Cur|>*irations, he ap
pointed by tuc Speaker.
Etab rred to Committee on Rules.
Mr. Frisk offered the following :
JintlnJ, That 11. Farrel be and he is hereby :ip
pointed Postofflca P:igc, at the name perdkmai
allowed "tlicr pcßet, to he paid out of the contin
gent furi'l of the Assembly.
ft< ft 1 1 1 li tff fVnnfnfttffl tii Contingent Kxpenscg.
Mr. Brai'Mlakt offered the followii fj
H- toited t Tbat the of Slate ii lirrcbv in-
Mjuetad to |ircividc er.ch member of the Assembly
with a copy of tin; Codes of Califoriiia.
Advpte<l.
Mr. Fo\— Mr. Spe.iker, I ;u*k leave to introduce a
bill out of order. It rehtM to such a matter as
would jutify the Assembly in treating it as a mat
ter of ur^eiicv. All I u^k Itio ha\c it introduced
so that it luav be printed.
An AcJ to rc|«eal an Act entitled an Act to author
ize the city ami county of San Francisco to provide
and maintain public water wurku for said cii v :in>i
county, and to condemn and purchase private prop
erty for that purpose.
Referred to the San Francisco deification.
Mr. Ivu;k asked leave to inlioducc a bill out of
order, entitled "An Act entitled an Act to make
the Code of Civil Procedure and the P<nal Code of
California the nile if ■etion in the Courts, as at
present organized."
Referred to the Committee on Judiciary.
Mr. HoCAUßW fffered t he following:
H'filml, Tliat the Secretary of State be requuted
to furnish each member of the Assembly with a copy
of the Constitution of California.
Adopted.
Mr. Fux--Mr. Speaker, I jrive notice that I will on
to-morrow introduce a bill for the repeal o( an Act
entitled "An Act e«tal>lighinv water iat< in tbe
city and county c( San Frincis<»>, approved ll arch 1,
1876;" and an Act supplementary thereto and ameni
atory theri of, approved April 3,1876. Also, notice
of a bill to >mend the Political Code on the subject
of licenses, by adding a new scetion thereto. Also,
notice of a bill repealing Chapter 4, Title 1, Part 2d,
the Political Code, and a'l law* creating judicial
district* in this State. Also, notice of a bill repeal
ing an Act entitled an Act to authorize the city and
county of San Francisco to maintain public water
works for such city and county, and to condemn
and purchase private property fur that pur|>oee.
- Mr. l)i: mmi.t introduced a bill, hv consent, en
titled an Act for the protection of labor, ru on public
works. Referred to the Comm ttee on Judiciary.
Also, an Act amending section 433 ef the Penal
Code, in rciation to the issuance of licenses to
aliens. I Referred t.i the Committee on Judiciary.
Also, ab II to amend section 3,059 of the Political
Code, in the issuauce f>f licenses to aliens. Referred
to the Committee on Judiciary. . .i ; t .": 6■ I H •
( >IIIT DOES Till f..jmi>.<.i<.'. «r v.\ • '
Mr. Tylj-.r called fur tbe reading. of his bill in re
lation to making the' provisions rt the Code applfca
ble to the Courta is at present constituted. .
Mr. Ivlkr ■ -Thin in a matter of the utnrst im
portance. There is a great diffrrenco of opinion as
Iq whether the Courts of th« diSerent counties can
proceed to business ondcr the law as it now stands.
There is nn provision fur any seals for the- different
Courts. It is true that ill Han Francisco thiy have
ordered seals to be made, anil to that extent it can
lie altered. I ask that the rules be »u.-ptiKkd an-1
the bill read a second time. ' -
Mr. Our.- Mr. Speaker, there i» a provision in
the now .Constitution tli»t makes it Madhigap
this Assembly that a bill shall be r<.ad i:pon three .
several days hefora it can be placed upon its fiii.il
.--.. and I object to the bill.
■ Mr. Fox— Ami tbe n:w Constitution provides for
just such cases as this. Section 15, Article 4, says
a bill may he put on tv passage, in case of urgency,
by a two-tbird vote. - ,-. .. ' •..
Mr Tiut-1 mean that the rules be suspendtd,
and I call for the avei and noen.
<>n motion of Mr. JlcLntojii, tUe Aaumbly took a
recess until 2 o'clock.
1 AFTKKXOON SESSION,
Mr. TTUB made tbe followinjr motion in writing :
. iietolrid, that t c passage if the I. ill is a matter
of urgency, anil that the ml. s of the House Le tvs
|iendcd, Km bill read ustciul time to-day, NUto
come t.» its final passage to-uiorrow. > foszf r -
Mr. liAV -Mr. Spi.ikcr, it Is a nmfortnne of mipe,
perliaps. in reference to thin particular matter that
I am ik'i.oraiit of the taw, and baing ignorant of the
law, lam timid v.Uli reference to this bill. To my
mind tl.u sci;pe of it is unparalleled, . i <1 I want Ito
sea it \n print and read it carefully, ami I do not be
lieve that any mauVial Interests will be impaired by
Sljnwinir th" lilll t,. <■ W» Mi'<» ; ilivj '"" l'» »a««» —
ICOXTUCDKB OK L4JTT PAO*.)
