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Sacramento daily record-union. (Sacramento [Calif.]) 1875-1891, January 14, 1880, Image 1

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Entered at tlie Post Office at Sacramento as second cl*-** matter
.aeramento Publishing - Company.
■- WH. 11. MILLS, t-eßeral Manager. -
r-Jbllc-tiuii otiire, Third st., bet. J and K.
THE DAILY rt ( oitn-i .
is published •»•**» day of the week. Sundays excepted
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sents or 76 oents per week.
• "room, net furnished, with kitchen and
dining-room ready furnished f r house-keeping ; or
a small house corresponding. To be near the
Capitol, or center of town. Address "X. V.," this
■office. JalS-2t*
man of steady habits; will do anything ; is
a good rapid writer. Would like a situation in a
grocery store, or to drive wagon ; can give good
references. Apply at 1014 J street. . jalO-lw*
fincrocnt, a position as housekeeper in a
hotel or private family, or any position of trust. A
home more than compensation. Address "M. J.,"
this office. -■■-.■ ■ - ■ -. jalO-lw*
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W. H. MILLS, General Manager Record-Union*.
J> 20th, for delivering I.V THE YARD at this
-offlee, 100 CORDS OF OAK WOOD. The wood
must be four-foot, and cut from live timber within
-one year past. Delivery to commence by the Ist
of FEBRUARY, and be completed by the lst of
MARCH. r jao-tf
One Thousand Dollars Reward for the arrest
an.i conviction of the person or persons who at-
tempted the assassination of James Skinner at his
residence at Green Valley, El Dorado county, Cal.,
on the night of December 11, 1879.
Green Valley, December 17, 1879. dIS-lm
A— verti leu _tents of five lines in this department are
. nserted for 15 cents for one time ; three times for 50
cents or 75 cents tier week.
House, located on Thirteenth - street, rjjjj
between I MM. J. C nt.iiiiin.- seven rooms,Ji!J__,
with closets. Inquire So. Ilia H sireet jala-jt*
i Restaurant, with Oyster stand attached, in
the town of Woodland, Yolo couiily, Cal. Fur
particulars inquire .i A. DENNEiIY & CO., No.
520 .1 stree*. Sacramento. ' Jil3-3f
quiet, ' in— i like rooms, neatly furnished. To
] rent by the day, week or month, at price's that
cannot fail to givo satisfaction. Northwest, corner
Third and J. Entrances on J street, and on Third,
between .1 and I streets. MRS. TENjEYCK. jik-:f
Wf tools, complete, In the town of Rocklin. For
So cheap for cash. [jalO-lw] PETEIt LESHAN.
' brick building corner of Fourth and L streets,
live stories high, including basement, suitable for a
first class hotel ; will be rented on favorable terms
to a _.'......! tenant. .. 'f if-'-:..- .-..
160 feet deep, No. 68 .1 street, between Second
and Third streets. Inquiro of E. P. FIGG,
jalo iv .Comer Fourth and L streets.
■ ably furnished looms to let at reasonable rates
in a private family. Plena* apply at the southeast
-corner of II and Seventh streets. - =.- •_■
jaO-lw ' MRS BROWN.
J3I to let at No. 608 M street, betwe : n Sixth and
Seventh, opposite the Pavilion. jag tf
_ Store, centrally located; second
story nicely tilted op— first-class family residence.
Also, adjacent., dwelling. Buildings 40xS0 feet.
Inquire at No. 420 L street. Address CARL
STROBEL, Sacramento. ■ . jaS-lw'
sums to suit. rjastf]. I*. IMIII..
at reasonable rate. Apply at No. 608 J
street, between Sixth and Seventh. ja7-tf
other machinery in the California Car-
other ma-iinery used in the California Car-
riage Factory. Good as new. Will be sold at less
than M per cen*. of first cost. Apply to
dl' 2 tf THOMAS J CLUNIE. Sacramento.
..-..--.• . FOR SALE,
"Jiff city; six acres of Strawberries and other
improvemenU. Apply SPINKS k ACOCK, No.
402 J street. jab -lw
-1 T " STORE for SALE.
- -■'-' *' " -*• ' f,*-
of a Hardware, Tinware and 1
Agricultural Impl. ment Store, in <" C c3 , '___*22j"_l
town of Chico, is offered for sale at a •__■_____!
bargain to close tbe business. To a responsible
party a good opportunity is offered to obtain con-
trol of an old established business at a very low
figure. Capital required. *4,000 or $5,000.
Address W. J. BLACKWELL, Chic; or
M C HAWLEY' & CO., SacrarAento, or San Fran-
cisoo. '. - JaS-lplm
vr. WOOD.
I 9 son) successor to T. B. Keid. No. ;U,*aHTT"D
Am»L between r.iird and Fourth. Artificial Teeth
inserted on all bases. Improved Liquid Nitrous
SSdTcsT for the Painless Extraction of Teeth.
. d24-tl
{§*§*$ and X streets. BURO
«,- o THRAILKILL, D. D. S-, Editor and Publisher
rftb; S Ja.ru.-. a Monthly Journal*,,...!
Science. , —
... li. B. BBEWKB, Zi
I 9 Seventh and J streets, in Bryte's newORSJ
Elding, up stairs. Teeth extracted without pain
!?S ? Improved Liquid Nitrous Oxide Ou
3 \ dl6-lplro ■
: ii. a. riEKSo\.
1 9 Fourth 415 Fifth. Sacraraento. -rti-sg*-rn
Fourth tad Fifth, Sacruuento. Arti-iafl*^ ii
fidal Teeth inserted on Gold, Vulcanite and .bases,
mtrons Oxide or Laughing Gas administered for 10
painless extraction of Teeth. - ■- ■ttl*-laa
~~~~ F. F. TEBBETS.
Filth and Sixth, Sacramento. ' Artifi—Sff
dal Teeth inserted on Gold and al ' bases. Nitrous
Oxide oi Laughing Gas administered for tbepvn
ess extraction of teeth. dl3-lm
Attention given to Land Claims, Soldiers' Bounty
. and Pension Claims.' •
p. J. HOPPER, -
A 17 S Land Office Building, Sacramento, i S -,
J^VS-f^ ■ d 2O-lpU .... ." Z.,IAfX
I X, - .■ .1 ■■■■-- - ■-..,■ —
[PhonogTaphically Reported for the Record-Union
by Willis k Stockton.]
Sacramento, January 13, 1830.
The Senate met at 10 A. M. , pursuant to adjourn
ment. President Mansfield In the chair.
Roll called and a quorum present.
Journal of yesterday approved, the reading being
dispensed with on motion of Mr. Chase. .
Mr. Johnson — I move that so much of tho rules
as provides for committees and their numbers be
adopted by tbe Senate so as to enable the President
to appoint his committees this morning.
The motion prevailed, and Rule IS was adopted,
as follows : * -
Rule IS. The following standing committees shall
be appointed. Committee on Agriculture, to con
sist of five members ; Committee on Claims, to con
sist of five members ; Committee on Commerce and
Navigation, to consist of five members ; Committee
on Contingent Expenses and Mileage, to consist of
five members ; Committee on Corporations, to con
sst of seven members ; Committee on Counties,
County Governments and Township Organization,
to consist of five members ; Committee on Educa
tion,, to consist of five members; Committee on
Engrossed Bills, to consist of six members ; Com
mittee on Enrolled Bills, to consist of six
members ; Committee on Federal Relations,
to consist of five members; Committee on
Finance, to consist of seven members;
Committee on Hospitals, to consist of five members ;
Committee on Judiciary, to consist of nine mem
bers ; Committee on Military Affairs, to consist of
five members'; Committee on Mines, to consist of
five members; Committee on Public Buildings,
other than Prison Buildings, to consist of five mem
| bers ; Committee on Public and Swamp and Over
flowed Lands, to consist of five members ; Commit
tee on Public Morals, to consist of three members ;
Committee on Public Printing, to consist of three
members; Committee on Roads and Highways, to
consist of five members ; Committee ou State li
brary, to consist of three members; Committee on
State Prison and Prison Buildings, to consist <i
seven members; Committee on Irrigation and
Water Rights and Drainage, to consist of seven
members; Committee on Fisheries and Game, to
consist of five members ; Committee on Elections,
-to consist of seven members ; Committee on City
and Town Governments, to consist of Aye members.
Mr. Enos, from the San Francisco delegation, re
ported buck Assembly Bill No. 1— Act to repeal
an Act entitled "An Act to authorize the city and
county of San Francisco to provide and maintain
public water-works for said city and county, and to
condemn and purchase private property for that
purpose," approved March 27, 1876 recommending
its passage ; also recommending that the rules and
Section 15 of Article IV. of the Constitution be dis
pensed with, the bill read a third time and put upon
its final passage.
* Mr. Gorman presented the following report : Mr.
President and •gentlemen of the Senate: A minority
of the San Francisco delegation to whom was re
ferred Assembly Bill No. I— An Act, etc.— repoit
that while we are in favor of the repeal of the said
Act we are not in favor of the suspension of Section
15 of Article IV. of the Constitution, which says:
" Nor shall any bill become a law unless the same be
read on three several days in each house, unless, in
case of urgency, two-thirds of the house where such
biff may be (tending shall, by a vote of ayes and
noes, dispense with this provision." ' Signed by
Messrs. Gorman, Kane, Kelly and Nelson.
Mr. Enos— I move that the bill be taken up and
mad a second time.
Mr. Johnson— For the purpose of assisting the
gentleman, I move that the rules be suspended bo
as to take up Assembly Bill No. 1 aud the two re
ports of the San Francisco delegation.
The President— The Chair will state that the bill
will be taken up immediately unless there is objec
tion. The bill will be considered as before the Sen
ate for consideration now. The Secretary will read
the bill a s.cot.d time by title.
The Secretary read the bill by title a second time.
Mr. Johnson— l rise to a point of order. That is
not the proper motion. The proper motion, as I
understand it, ought to be that this being a case of
urgency the provision of Section 15, Article IV. of
the Constitution be suspended.
The President— 'l be requirements of the Consti
tution should appear in the minutes, and it woukl
be necessary to incorjiwrate that in the motion.
Mr. Enos— That is embodied in the report,
Mr. HiTTELL--It would be better to follow the
language of the Constitution. The Constitution
says ** dispense with this provision." The motion
should be that it be dispensed with instead of sus
Mr. Chask — would like some gentleman to ex
plain to me what emergency has arisen since last
evening. We voted last evening to put this off and
let iht; bill take its regular course ; now what
emergency has arson to demand that the rules
should he suspended '.'
Mr. Baker— lam in the same condition. I would
like to hear from the Chairman uf the San Francisco
delegation on that subject.
Mi. Btaßfl — When the hill was reported from the
Assembly I moved that it be referred to the San
Francisco delegation, it being a matter of local in
terest to San Francisco. . I made the statement then
that I was willing, if the matter was referred to the
San Francisco delegation, to report tha bill back in
favor of its passage this morning, and that I was
also in ivor, if (be Senate deemed it a matter of
urgency, and a necessity for the interests of the city,
to . ote in favor of a suspension of the rules. The
bill was referred to Ujs Ban Francisco delegation and
the majority have made this report, and that is all
the reason I have in a— ting the Senate to pass upon
this bill tip- morning.'
Mr. Gorman- — The Constitution plainly says that
no bill shall be passed or railroaded through either
of the Houses unless in case of emergency. 1 cannot,
for the life of me, see •■ here the urgency comes In on
this bill. If we let it -to for to-day or to-morrow or
the day after, what difference will it make. There .
will be no new law made. The Board of Supervisors
met last night in San Francisco ; they will not meet
again for a week, even it they could do anythng, and
they cannot do anything but call an election, for
which they have to give a notice of thirty days.
Now, Mr. President, I believe in following out the
new Constitution, as adopted by the people. There
has been too much of this rushing bills through, and
I for one propose to do all that I can, by my vote, to
stop it. There is no need of this hurry now, and I
shall all the time be opposed to rushing- bills through
thu h >i_se.
...--,-.. SEASONS FOR IT.
• Mr. Imckinson— I believe that the reasons for
putting this bill upon its final passage were very
fully explained yesterday during ' the ' debate. I
think it is a case where it requires more speed upon
the part of the Legislature when the fact is under
stood that although this Act has been in existence
for some four years nothing had been done under it
by the Commissioners appointed or the officers au
thorized to exercise powers under the Act, ex. cpt what
might be termed preliminary matters, until during •
the .month of December last. Prior to that time
♦hffCommissioners themselves had been engaged in
listening to repor's or going on juakc.ing' expe
ditions ar^ und the country. They traveled largely,
became gentlemen of experience, and profiting by
that experience they seemed to quietly let the mat
ter drop, until in December last the matter was
resuscitated after some three or four years had
elapsed. Then these Commissioners were appoint
ed, wept to work* immediately,, and inside of three
weeks after the appointment of the Commissioners
we have a report which was to be presented to the
Board of Supervisors hurt evening for their con
firmation. I think, as was well said by the gentle
man from Yuba last evening-, the delegation being
united in the opinion that it is an attempt to per
petrate a fraud on the cit}*, that it does not become
us in this early stage ot the session to handle so
carefully a matt* which is admitted upon all hands
to be a fraud. I think that if we are satisfied upon
that point, that this bill should be repealed, it seems
to me that it is
And comports well with the dignity of so august a
body even as the Senate of the State of California,
to handle* this fraud without gloves, and, in the lan
guage of the day, to sit right down upon it most
emphatically.. . . ■■ .';->
Mr. Comikr — I am in favor of the suspension of
the rules in this case. I think it was pretty well
settled here yesterday Chat the matter was looked
upon generally as a fraud, and tbe vote upon the
bill would be nearly unanimous. I think, as we
havecnly one hundred days in which to remodel all
the laws of the State of California and make them
comply with the provisions of the new Constitu
tion, tha*. there is urgent necessity that we should
not waste any more time than is necessary on such
measures as this, when we have thoroughly satisfied
ourselves that it is a fraud. I myself cannot see
any necessity for delay up this measure. Matters
that have not been considered I would of course ob
ject to being rushed through, but I think the whole
State of California is satisfied in regard to this
measure ; and, as the gentleman who preceded me
remarked, I think it will comport with the dignity
of this body to suspend the rules and piss it.
Mr. Wendell — It seems to me that the question
involved here is not as to the meri s of this bill, hut
as to tie propriety or expediency of suspending the
c institutional' provision -which requires every bill
to be read on three days. I have no doubt thy tbe
! Assembly bill is -a good one l expect to vote ' for it
I on its passage — I do not believe it is
_, i'if SETTING A good rKFCT.I>KXT
For this Senate, at the commencement of theses- i
sion, with ninety tftjl of the Mm before us, when
a bill comes in to us from the Assembly, *'here it
originates, having passed through all the ordinary
stages of a bill, for us to set, the example of suspend
ing the rules to pass it. ' The reason seems to be
principally thit tl is is a good bill. Now, if we in
augurate the principle of suspending the rules to
pass a bill because it is a 'good bill, we may end up
by passing boom bills under a suspension of '
the rules which are not so good. Similar
provisions to this in our Constitution are incorpo
rated in the Constitutions of various States, and all
of them have been adopted in the last forty or fifty
yeais. The clause authorizing the Legislature to
suspend tha* constitutional provisioi in case -of
urgency was put there not that the Legislature
might suspend the rule whenever in their judgment
it was desirable, but simply that in times oF great
public danger, as insurrection or invasion, a case d
emergency might arise, and ii might be necessary
to pass a Lni at once. I do not understand . that
It was intended to give the Legislature tbe power to
suspend tba*. provision whenever they thought it
was necessary to pass a bill in haste. In one day
more we can pass this bill le^'aTy and constitution
ally.. It was said ywaterday that it wj>s a case of
urgency because the B"ard of *;u[»eni-or«i were to
meet his*, night, and that they might do something.
Last night has passed, an I the session ol the Board j
of t Supervisors has passed, and we have heard '
nothing rdvanced on this floor to-day to show any
emergency or urgency in this case. , r-fffrf-
Mr. Baker— When this question was before the
Senate on Saturday I voted fora suspension of these
rules, because I believed that this was, if there ever
.-.-.»■ • - - . . -
could be one, a rase of urgency. lam still of that
opinion 'A.is notnipj, .1 d .hall vote WfCwor'tf a
au-jpcusioii ot these rules, On yesterday there Mas
an opposition, coming from a portion of the San
Francisco delegation, to a suspension of these rules.
I put to the gentleman who represent*! that delega
tion this morning the question why, when he. had
said he would vote for the passage of the hill,
he would not then and there vote in favor of sus
pending the rules, and to that I received no answer
whatever. There is this morning no reason assigned
for the eh i ge in the position" of the gentleman
trom the Thirte nth District. I have been vi able
to comprehend the course of certain Senators in th
San Francisco delegation. There has-been no reason
assigned, and although I asked again this morning,
still there is no reason. No* it does seem to me
that this is ' »" .
It seems to me that when the minds of the mem
bers of this body are made up that there is a rea
son for a course, that that course ought to be
followed. It seems to me that to refer this matter
to the delegation merely for the purpose of receiving
from that delegation a report upon a measure which
they themselves are in favoi of, and which they
have said on the floor of this Senate and out it, that
they are in favor of, is a course m.st extraordinary.
And 1 am frank to ssy, from the debate on the floor
of this Senate, that the ouly reason, so far as I could
fathom it, was to enable certain moves to be taken
in a certain quarter, and for assaults on the Repub
lican party. Now, so far as these measures are con
cerned that have been taken outside of the Senate,
I have nothing to say ; but, so far as the assaults
made upon the Republican party and the Board of
Supervisors of San Francisco are concerned, they will
very soon pass away and be forgotton. - Stronger
arms than those of the Senator have attacked tbe
Kepublican party and have fallen; more trenchant
blades than . his have been shattered to atoms
in attempting to overthrow its grandeur aud
its greatness. 1 refer to it now, sir, for the purposo
of saying that so toe as I can understand motives or
intentions, that was the only reason for opening the
debate yesterday upon that question. So far as I
am concerned, 1 am prepared to be content and to
vote in favor of the suspension of these rules. It is
very true that ; ,;., . ."-:. ._*-_.;? XitfA
•-j.~. ' TO* CONSTITUTION • , .
Calls for a case of urgency ; but what is •' case of.
urgency ? What shall be, but the judgment of the
Senate And after the San Francisco delegation, in
open Senate, have said that they are in favor of the
bill, and that they will vote for it when the proper
time comes, what is there to stand in the way of
this measure and of this suspension of the rules?
It is an old maxim that we should never put or?
until to-morrow what can be done to-dsy, and after
hearing the remarks of the Senator from Marin,
showing that this Act is a supposed fraud in all its
terms, and when every San Francises Senator was
pledged to its repeal, and nearly every taxpayer of
that city was in favor of its repeal, it seems to me hat
we should then and that we ought now, at the earliest
possible moment, put this bill upon its passage and
call for its repeal. Asa taxpayer In the city and
county of San Francisco, I shall vote to suspend
these rules and for the repeal of this Act. As resi -
dent of Ssnta Clara, representing a constituency
amongwhom are the owners of property in San Fran
cisco amounting to mill ons of dollars, I shall vote
for the suspension of the rules and the repeal of this
Act, and I take it that -though I come from Santa
Clara county —I represent a constituency possessing
as much of the intelligence and wealth of that
great city, though they may reside in Santa Clara,
it any gentleman who voted against the suspension
of the rules yesterday on the other side of the Sen
ate. Now I yield to no man in my ■
' veneration roR THE new constitution,
Which we have sworn to support. I shall stand by
it in the letter and in the spirit. At the same time
I do* not recognize any rule in that instrument as
au iron-bound rule, which we are compelled to fol
low at the dictation of anybody ; but it shall be ad
ministered, so far as I am concerned, in accordance
with its spirit and letter in all instances. I cannot
understand why we should delay twenty-four hours,
and I think tbat the bill ought to be* immediately
put upon its passage and placed in the hands of the
Governor for bis signature at the earliest possible
moment. These are my reasons for voting to-day,
as I voted yesterday, for the suspension of the rules.
I trust that they will be suspended and the bill
parsed. .:/::. ,
Mr. Enos — 1 am here to impugn no Senator's mo
tives, and while I shall concede to all Senators the
belief that their motives ore good, I shall not allow
any Senator to impugn my motives without I shall
put that Senator right and show him that he is
wrong. I have been charged, in making my strenu
ous resistance to the suspension of the rules yester
day, that my motive was that I might
I had no such motive. I respect a great party.
Why, Mr. President, the idea that I had the motive
of attacking the Republican party ! I had to give
the history of this Lake Merced scheme ; I had to
say that this scheme had been on the statutes for
four years nearly ; I had to say to this Senate, iv
giving the history, that the old Board of Supervisors
refused to confirm the Commissioners that had been
selected by the District Attorney, the Mayor ami the
Auditor. I did say, and 1 say it now, that the Re
publican Board of Supervisors inauguarated this
very scheme and put it on foot, which calls for the
necessity of the suspension of the rules. Seven
men in that Board of Supervisors, without giving a
moment's warning, en the evening of the luth of
December passed this resolution approving of the
appointment and conn niing the appointment of
these Commissioners. It to k the people of San
Francisco by surprise. They were astonished ; and
in less than six hours the whole city was filled with
denunciations against these men, and the cry of
corruption went forth, and it is my right to de
nounce them at public officers for that act. That
was the object, and the only object, I had in speak
ing of that Board of Supervisors. They were
•sleeted with the express understanding that they
were „ ,'. - -'f
No man in the city of San Francisco that wns
placed upon that ticket, or any other, for any office
where they would be called upon to exercise any
legislative power, could have received a hundred
votes, hardly, in San Francisco at that time, unless
ho Was. And it is because of the action of that
Board that this Senate to-day is called upon to
deem this a matter of . urgency. The gentleman
says that he made inquiries yesterday as to why 1
would not then move and vote for the suspension of
the rues. 1 gave him my reasons then, and 1 re
iteiate them now. I am not in favor of takings
bill up without more reference. I thought it waft
due to the San Francisco delegation that they should
be recognized, and that was one of the reasons 1
made my opposition to it at that time. lam op
posed to hasty legislation. Why, we have witnessed,
and I take this opportunity of congratulating the
distinguished Senator from Sacramento on his op
position—when they brought up that famous law
known as the gay-law. the city officials of San
Francisco rushed up here and they said,
" Without you pass this bill now we will have a war.
The streets of the city of San Francisco will run
with blood." .' nd without any time to consider
they ru-htd through that law, and I stand here to
day and assert, as a matter of fact, that I believe
the is hardly a man who voted for the law, if they
could have waited a day or two, that would have
voted for it. I have heard many regrets on it from
the members of the Senate and lower bouse.
Why I have taken the course I have in relation to
his measure. It was referred to the San Francisco
delegation. We are all in favor of the repeal of this
law. And the reason I assign for making this rejiort
is that we all agree that it should be repealed. The
matter has been discussed and the law has been
presented to the Senate 4 We are prepared now to
act upon it. There may lie some liability attach
to the city by our delay. The provisions of that Act
arc still in doubt, and therefor. I am in favor of the
suspension of tbe rules.
Mr. Baker— l would like to ask the Senator a
question. Was this bill discussed in the San Fran
cisco delegation last night? •'.,-*
Mr. Exos— No, sir ; it. was not. It was not dis
cussed because every member of the San Francisco
delegation was already acquainted *vith the merits
of this bill. They came
They have pot their instructions from their immedi
ate constituents. They need no instructions from
this Senate to vote upon this proposition.
Mr. Cheney— lt was my intention to keep my seat
and act in a conservative manner as an impartial
juror in this matter, but I have come to the conclu
sion that if this matter was or was not a case of
urgency, it is rapidly becoming one. Already three
or four hours of the, time of the Senate has been
used up in discussing the urgency of the passage of
a bill tbat every Senator admits is a uood -bill, a just
bill, and one that ought to bo passed. It has been
referred to the San Francisco delegation that we
might tickle their fancy and their desire to be re
coirnized, and I am now in hope that this Senate
will put this bill upon its passage and end this mat
ter. . We • have but about ninety days more
before us and the business of the Sen
ate is - accumulating rapidly. The people
desire some reforms, and among others, that
there should be some retrenchment in public ex
penses, and yet this Senate will spend three or four
hours on such a discussion as this. .ff •-'
IT is SOW ritOKST.
We may be three or four hours more at this dis
cussion. Let us settle the matter, anil, vote by a
two-thirds vote to suspend the rules. These are my
reasons for so voting.
Mr. 'Sears— ln order that we may not make any
mistake when we come to vote upon this question 1
desire to say a word in regard to the provision of the
C.-ns' itution. I It reads as follows: ** No law shall be
passed except bybill. Nor shall any bill be put upon its
final passage until the same, with the amendments
thereto, shall have been printed for the use of the
members ; nor shall any bill become a law unless
the same be read on three several days in each
bouse, unless, in case of urgency, two-thirds of the
house where such bill may be pending, shall, by a
vote of teas and nays, dispense with this provision."
The motion ought to te to dispense with Section 15
of Art cle IV. of the Const it v on, and place this bill
upon it- final p_._.-2._re. The vt.te*M the Senate, I take
it, wiil dec de the question of urgency.' If the Senate
shall by a two-third vote decide in favor of dispens
ing witb this provision, that rote will settle the
question of urgency, as no Court will go behind the
action of the Senate to determine whether any ur
gency existed. ■ And ia regard to suspending this
provision, it simply is to suspend tbe provision in
order ti.at a bill maybe read more than once the
same day. I only . tate the Question as I under
stand it, and if I have not stated it correctly I would
be pleased to have some Senator make some further
statement. I on'y desire that the bill may be jiasscd
in a satisfactory manner, and when the vote Is taken
on dispensing with this section of the Constitution,
of course the ayes and noes ' have to be called. 1 1
move to amend the motion so that Section 15 oi
Article IV. of the Constitution, or so much of it :is
relates to the reading of tills on three several day?,
be dispensed'with. ' ■', ' " ■ •■• ■ .
Mr. Esos— l accept the amendment. '■■*- ' '"V"
The roll was called and the motion tost by a vote
of 22 ayes to 17 noes— two-thirds being required. - 1
. ,"'■.' :A- , Till COMMITTERS. . A . . . .f, A Z
I - The Chair direc'.ed the Secretary to announce the
following appointments on committees: •' : .--'
-.-■ Apiculture — Johnston, Hiilan, West,' Longford,
Glascock.- • , '•■'■■- -....— . X. ■■-..'■ ■-■■ -. „_•.■_.
Claims— Davis, Enos, Pool, West.
S Commerce and Navigation— Traylor,
Nye, George, Ryan. ?-•., JD..'. i '. '■■> ...... -i
. Contingent Expense and Mileage— Zuck, Carlock,
George, Moreland, Nelson :.'. -.'-"',. -- - _-;
~ Corporations- -Sears, Johnston, Traylor, Harlan,
Kelly, West, Pool. ;-:'->. iff ..'- - ■■-'.'
I County and Town Governments -Wendell, Rowell,
' Zu-.-k, f-atterwhite, West.
Education— Davis, Watson, Hill, Belter. Mercian J.
Engrossed Bills — Cheney, Carlock, Lani^soii,
George, Nelson, Glascock.'
Enrolled Hudson, Burt, Anderson, Chase,
Kelly, Gorman. • -.
'Federal Relations— Baker, Cheney, Davis, Enos,
' Finance— Pardee, , Johnson,' Traylor, Carlock,
Brown, Conger, Ryan. — .
Hospitals— Rowell, Lampson, Hudson, Anderson,
Gorman. . • ' '/ - ' •
- Judiciary— Nye, Wendell, Hitteil, Johnson, Davis,
Dickinson, Satterwhite, Moreland, Enos. .
Military Affairs— Dickinson, Pardee, Conger, Glas
cock, Nelson. ■" ' ~ .
Mines and Mining— Neumann, Watsor, Burt, Poo),
Public Buildings- Baker, Hill, Hudson, Harlan,
Kelly. - ' -*- ■:•'■
Swamp and Overflowed Lands Johnston, Brown,
Rowell, Cheney, Langford.
Public Morals— Burt. Chase, Johnston.
Public Printing— Hill, Rowell, Gorman.
Roads and Highways — Brown, Burt, Harlan,
Langford. Kane.' ' 'f. : X,;^ .
State Library — Lampson, Hitteil, Johnson. .
State Prison — Watson, Nye, tears, ' Lampson, ...
Moreland, Langford, Kane.
Irrigation, Water Rights and Drainage— Johnson,
Watson, Rowell, Neumann, Brown, Pool, Satter
white. ■ - • - - ''fA.' .-■
Fisheries and Came— Carlock, Pardee, Wendell,
Cheney, Glascock. ,>•■'- ".""
Elections— Neumann, Sears, Johnson, Zuck, Nel
son, Ryan, Anderson. ■
City and Town Government— Hittt.ll, Dickinson,
Pardee, Zuck, Chase.
Ou motion of Mr. Johnston, the Committee on
Education was increased from five to seven mem
Mr. Johnson— l move that there be an additional
standing committee, to be known as a Committee on
Chinese and Chinese Immigration. . . -fr
The motion prevailed. "i . .- -r . r ■
By Mr. Enob — Resolved, That a committee be ap
pointed on labor and Capital. Adopted. ... .
On motion of Mr. Johnson, the Senate took up
the Report of the Committee on Rules and adopted
rules as follows : ..,''"'.'
1. The time of meeting of the Senate shall be 10
o'clock a m. (Sundays excepted), and in case any
other is named, it shall be applicable only to one
day, and shall not affect this rule beyond the day
named for a different hour of meeting, and a recess
shall be taken from 12:30 to 1:S0 p. M. :
' 2. The President shall call the Senate to order at
the sta'cd hour, aDd, if a quorum be present, he
shall order read the journal of the proceedings of the
preceding day. * " .
3 A President pro tern, shall be elected, who
shall, in the absence of the President, take tha chair
and call the Senate to order at the hour of the ujee
ings of the Senate, and have the same power as the
President; but the President pro tern, shall vote
only as any other member of the Senate. When the
Senate is equally divided, the Secretary shall take
the decision of the President.
4. No member shall absent himself from the ser
vice of the£cnate without leave first obtained. A
less number than o quorum of the Senate ire hereby
authorized .'to send the Sergeant at -Amis, or any
other person, fur any or all absent members, as the
majority of tuch numbeiilV'] r.sent shall agree, a
the expense of such absent numbers respectively,
unless such excuse for non attendance shall be mat
as the Senate, when a quorum is convened, bhall
judge sufficient, and in that case the expense sha
be paid out of the contingent fund ; and this rule
shall apply as well to the first convention of the
Senate, at the legal time of meeting, as to each day
of the session after the hour has arrived to which
the Senate stood adjourned. ' The President or act
ing President of the Senate or less .than a quorum
thereof shall have the power to issue process, di
rected to the Sergeant-at- Arms, or any other per
son, to compel the attendance of members absent
without leave. Any Senator who shall refuse to
obey such process, unless sick and unable to attend,
Shall be deemed, guilty of a contempt of the Senate,
and the Sergeant-at- Arms, or other person to whom
such process may be directed, shall have power to
use such force us may be necessary to compel the at
tendance of such absent member, and for this pur
pose he may command the force of the county or
Of any county in- the State. •
. 5. After the reading and approving of the jour
mil, the order of business shall be as follows :
I. Presentation of petitions. 2. Reports of stand
ing committees. 3. Reports of select committees.
4. Messages from the Governor. 5. Messages fro
the Assembly. 6. Introduction, first reading and
reference of bills. 7. Second reading and engross
ment of bills. 8. Motions, reso ulions and notices.
0. Business on general file and third reading of bills.
10. Unfinished business of the preceding day.
11. Special orders of the day. 12. Reports from
the Committees on Enrollment and Engrossment
shall at all times be in order. Provid d, that mes
sages from the Governor, State officers and from the
Assembly may, on motion of any Senator, be co
sidered at any time.
Rule C was temporarily passed over, as it was
likely to provoke a long discussion. It is as follow :
(>. Every bill shall be read on three several da,
previous to its passage. When a bill is introduce!
it shall be read and referred to an appropriate com
mittee and printed, which shall be the first reading
of the bill. When a bill is reported back from a
committee with amendments, or otherwise, it shall
be considered in Committee of the Whole, and when
the some is perfected to the satisfaction of the Sen
ate, it shall be read a second time, which shall be
the second reading of the bill, and engrossed
and printed. - tin the-— final ]>;._.. _ige ,of a
bill it shall be read at length by sections, which
shall be the third reading of the bill. On the final
passage of a bill the roll of Senators shall lie called
and the vote taken by j'cas and nays, which -tell L«
corded in the Senate Journal, and do bill shall be
declared passed unless a majority of the Senators
elected vote for the paaaegeof the same. The pr
siding officer Of the Senate shall give notice at each
reading whether it be the first, second or third
reading of the bill, '-..'■
7. The general file shall bfi the special order for
each day from 1:90 v. .til 3 o'clock r. at., unless sooner
disposed of ; but no bll shall lose its place upon tlie
file by expiration of the time or by adjournment t.f
the Senate while it is under con ideration ;.aud this
order shall take precedence of all others. ' -r
B. The Secretary shall port each morning, in a
conspicuous place, and place upon the desk of each
Senator, a list of all bills upon the general file, giv
ing their order, and also setting forth their number,
and so much of their title as necessary to enable
Senators to understand their general purport.
0. All bills, amendments and resolutions, after
being engrossed, in pursuance of the order of tha
Senate, shall be carefully examined and reported
back by the Committee on Engrossed Dills, the en
grossed copy to be transmitted to the Assembly,
with the proper indorsements, aud the original re
tained by the Senate. -.>...'.
10. All bills, after the second reading (if the same
he not committed, but if committed, then upon
ben g reported), shall be placed upon a general file,
and shall be taken up for consideration and passage
in the order of their being placed on the file ; pro
vided, that engrossed bills shall take precedence of
bills not engrossed.
11. Substitutes may be offered at ay time when
a bill or resolution is open to amcLdmcnt, previous
to. engrossment, and when adopted shall take the
place of the original bill or resolution, and shall be
open to amendment. ,' .
12. No motion or proposition on a subject differ
ent from that under consideration shall be admitted
under color of amendment or substitute.
13. In filling up blanks, the least sum or number
and the shortest time shall be put first.
14 When an amendment to the Constitution, or
any bill requiring the concurrence of two-thirds of
the Senators, is under consideration, the concur
rence of two-thirds shall not be required to decide
any question for amendments, or extending to the
merits, being short of the final question.
Rule 11 was passed over temporarily and not
Rui* 15 is given in the opening of this report.
16. All committees of the Senate, special and
standing, and all joint committees on the part
therecf, shall be app. ii ted by the President, unless
otherwise specially ordered.
17. No committee, standing or special, shall elect
a Clerk or Sergeant-at-Arms without first obtaining
the consent of the Sena c. .
IS. When a resolution shall be offered or a motion
made to refer any subject, and v different Committee
shall be proposed, the question shall be taken in the
following order: (1) The Committee of the Who
Senate ; (2) A standing committee ; (3) A select
,19. No c'aim shall be paid out of the contingent
fund of the Senate until the same shall have been
referred to and reported on by the Committee on
Contingent Expenses. This rule has no application
to the election of attaches of the Senate. . - ...
20. When a question is under debate, no motion
shall be received but the following privileged
questions, which sha! Knave preceden c in the fol
lowing order : 1. To adjourn. 2. For a call of the
Senate. 3. To lay on the table. 4. To postpone to
a day certain. 5. To commit. 6. To amend. 7. To
postpone indefinitely. "
21. No motion shall be debated until the same be
seconded and distinctly announced by the President;
and it shall be reduced to writing, if desired by the
President or any member, and read by the Secretary
before the same shall be debated. A motion may be
withdrawn at any time before amendment. . "
22. When the reading of a paper is called (except
petitions), and tha same is objected to by any mem
ber, it shall be determined by a vote of the Senate,
without debate. But this rule is not applicable to
any bill, resolution, amendment, or ether proposi
tion which may be at the time directly under con
sideration. ' '"*.'"' * '.:■
23. Every Senator, when he speaks, shall, stand
ing in his place, address the President, and when he
has finished he shall sit down. No member shall
speak more than twice in any one debate on the
some day and at the same stage of the bill, without
leave ; and Senators who have once spoken shall not
again be entitled to the floor (except fur explana
tion) to the exclusion of another who has not
spoken. ". - .'
' 24. When two or more members rise it once, the
President shall name the member who is to speak
first. ": f-f f r -■-'■''"■
' 25. Wlien a member shall be called to order be
shall sit down until the President shall have de
termined whether he is in order or not ; and every
question of order shall be decided by the President,
subject to an appeal to the Senate by any member.
If the member be called to order for words spoken,
the exceptional language shall immediately be taken
down in witting.' . -'".■'
' 26. The final question upon the second reading of
every bill origlnatinir in the Senate, and requiring
tbree readings previous to being passed, shall be :
"Shall the bill be engrossed and read a third
time?" And no amendment shall be received for
discussion at the third reading of any bill, but it'
shall, at all times be in order, . before the final
passage of such bill, to move its commitment under
special instructions.
.7 Tbe previous question shall be in this form :
•'Shall the main question be now put?" It shall
only be admitted when demanded by a msjoriiy of
the Senators present upon division, and its effect
shall be to put an end to all debate and bring the
Senate to a direct vote upon amendments reported
by a committee, if any, upon pending amendments,
and then upon the main question. ' Un a motion for
the previous question, and prior to tlie secon dins: of
the same, a call of the Sena c shall be in order ; but
after a majority of Senators shall hr.re seconded
1 such motion, no call shall be in order prior to the
decision of the main question. ;.,'■-'. .-.:.......' fffei':
--23. On a motion for the previous quest on, and
under the previ. in question, there thill be nude
bate And all incidental questions of order, arising
after the motion is made ior the previous question
(or while acting under the previous question), shall
h" d'.'ided, wheth'.r on appeal or otherwise, without
debate. - -..■.■ .-■.-■■>
2- when the ayes and noes shall be called for by
three members present, every membei within the
bar of the' Stun at the time the qutstion was pu',
shall declare openly, and without delate, his assent
or dissect to the question. In taking the ayes and
noes, and upon the call of the Senate, the names of
the members shall be taken alphabetically. When
the arcs and noes shall be taken upon any question
in pursuance of this rub, no member shall be per
mitted, under any circumstances whatever, to vote
after the decision is announced from the Chair. , • ■
30. When any member is absent without the bar
of the Senate when his name is called on the call of
ayes and noes on any vote about to be taken, bis
vote shall not be received unless . unanimously
agreed to by the members present ; nor shall a
menu er be counted, on a division of a vote, who is
absent without the bar of the Senate without Ie .ye.
31. On the day succeeding tbat on which a final
vole on any bill or resolution has been taken, said
vote may be reconsidered on the motion of any
member ; provided, notice of intention to move
such reconsideration shall have been given on the
day on which sucb final vote was taken, by a mem
ber voting witb the majority ; and it shall not be in
order for any member to move a reconsideration on
the. day on which such final vote was taken. Said
motion of reconsideration shall have precedence uver
every other motion except a motion to adjoui No
notice of reconsideration shall be in order on the day
preceding the last day of the session. :..•'. .. :
32. if a rem tor gives notice that he intends to
move a reconsideration, the Secretary shall not re
port the bill or resolution to the Assembly till the
reconsideration is disposed of, or the time for mov
ing the same has expired. - ' '■■' o '"•
33. The titles of bills, and such parts thereof only
as shall be affected by proposed amendments, shall
be inserted in the journal. ...
34. The proceedings of the Senate, when not act
ing asa Committee of the Whole, shall be entered
on tht journal as concise y as possible, care being
taken to record a truj and accurate account of the
proceedings; but every vote of the Senate shall be
entered on tbe journal, and a brief statement ofjthe
contents of each jtctitioii, mt mortal or paper pre >
sentetl to the Senate' shall also be inserted in the
journal.. ■■•■■■•■ ■ • ..
35. The rules of the Senate shall be observed in
Committee of the Whole, bo far . as may be applica
ble, except limitii g the number of times of speak
ing, and except that the ayes and noes shall not be
taken. .. |.• ■ r *. . ;■.-. ,• ■ -
30 In all cases not provided for by these rules,
tbe Senate shall be governed by the law and prac
tice as laid down in Cushion's Law atid Practice of
Legislative Assemblies. . ' - '
37. No standing rule or order of the Senate shall
be resciuded or changed without a vote of two
thirds, and one day's notice being given of the
motion therefor; but a rule or order may be bub
pendetl temporarily by a vote of two-thirds of tbe
members present, except tbat portion of Rule 6 re
lating to the final passage of bills ; all proposed
amendments to these rules sb .11 be referred . to the
Committee on Rules without debate. . x-f.
33. The rooms, passages and buildings set apart
for the use of the Senate shall be under the control
and direction of the Presi lent of the Senate, and be
shall have the control and direction nf the journals,
papers and bills of the Senate ; he shall see that all
otlicers of the Senate perform their respective duties,
and may assign places to reporters. t .
39. In case o' a disturbance or disorderly conduct
in the lobbies, the President (or Chairman of the
Committee of the Whole Senate) stall have [tower to
order the same to be cleared.
. 40. The President shall have tho right to name
any member to perform the duties of the Chair, who
is hereby y.Bted, during such time, with all the
powers of the President ; but such substitute shall
not lose the right of Voting on any question while so
presiding. s •
41. A Sergeant- at- A shall be elected, to hold
his office during the pleasure of the Senate, whose
duty it shall be to attend the Senate during its sit
tings, to execute the commands of the Senate from
time So time, together with all such process issued
by authority thereof as shall be directed to him by
the President. ' The actual expenses of . the Ser
geant at-Arms for every arrest, for each day's cus
tody and releasement, and for traveling expenses for
himself and special messenger going and returning,
shall be paid out of the Contingent Fund, and no
other fees shall be paid him beyond his per diem.
It shall be the duty of the Sergeant at Arms to keep
the accounts for pay and mileage of members, to
prepare checks, and, if required so to do, draw the
money on such checks for the members (the same
being previously signed by the President and in
dorsed by the member or person to whom the check
is made), and pay over the same to the member or
person entitled thereto.
. 42. Messengers are introduced in any state Of busi
ness, except while a qiicsiie.ii is ing put, while ihe
ayes and noes arc being called, or while the ballots
are being counted.
43 It shall be the duly < f the Doorkeeper to pro
hibit all persons except Senators, members of the
Assembly, officers of the two houses, and such re
porters as have stats assigned them by the Presi
dent, from coming within the bar if the Senate.
unless invited by the President or a Senator, and to
arrest for contempt all persons outside the bar, or
in the gallery, found engaged in loud conversation,
or otherwise making a noise, to the disturbance el
the Senate.
44. When nominations shall be sent by the Gov
ernor to the Senate for their confirmation, the SUM
shall be, unless the Senate shall by a majority vote
otherwise direct, acted upon a: once.
43. Three hundred and sixty copies of all bills
shall he printed : and the Ek rgeant-at- -rms shall I*
required to certify to the reception, by the Senate,
of all printed matter, a d the quantity, before pay
ment shall be made or bills audited therefor. Two
c 'pics « f each bill or paper printed ly older of the
.Senate s all be delivered to each Senator, and one
to each Assemblyman and State eifficer; five copies
tr> the State Library, and the remainder shall b* re
served ty the Sergeant-at-Arms f general dlstribo
Passed over temporarily.
40. Three hundred and sixty copies shall be
printed e>f each djieument < r other matter - 1 tare
unless tii-' Senate specially direct a different number.
Passed over temporarily.
it. On a motion, made and seconded, to close the
■ doors < f the Senate on the discussion of any busi
ness which may in She opinion of the Senate require
secrecy, the President shall require all persons ex
' cept the members, Secretaries, Sorgeant-at -Arms and
Doorkeeper ol the Senate, to withdraw, and during
the discussion of said motion tho doors shall remain
closed; and every member and every officer of the
Senate shall keep secret all such matt rs, proceed
ings and thugs whereof secrecy shall be enjoined
! by order Ol the -ci-ate.
'48. All bids ordered engrossed shall lie delivered
to the Engrossing Clerk by the Been an - of the
Senate, and the receipt, in writing, of the Engross.
mg Clerk taken therefor; and all said bills shall be
■ engrossed in the order of their receipt by said En-
I growing Clerk ; and all Senate bills shall, altar their
final passage by and receipt from the Assembly, be
delivered to the Enrolling Clerk by the Secretary of
• the Senate in the order of their receipt from the A***
sembly, and the receipt, in wiitine, of said Enrolling
Clerk taken therefor ; and said bills shall he en
rolled by tho Enrolling Clerk in the order of their
receipt from the Secretary of the Senate.
Pa-sed ovr temporarily.
40. Tho Superintendent of State Printing shall
print a sufficient number of copies of thejminalof
every day's proceedings of the Senate, to supply
Senators daily, during the session, with the Journal
of the previous day's proceedings ; and aim, a suffi
cient number of copies, with proper icpaging, to
bind at the end of the session of the Legislature, in
book form, as the journal of the Senate, required by
50. The author of a bill, motion, or resolution,
shall have the privilege, f closing the d bate, unless
the previous question oas been sustained.
On motion of Mr. BUMS, the consideration of
Rules 6, 14, 45, 40 and 43 were made the special
order for to-morrow at 2 o'clock.
Mr IM offered the following, to he Rule 18:
" All committees, special and standing, and all joint
committees on the part of the Senate, shall report to
! the Senate their action on any bill or mutter referred
j to them within seven days alter its reference, unless
i otherwise specially ordered.
Mr. Brows— l move that it be referred to the
{ Committee on Rules. ■-*?---
So ordered. -„ * :r:V :;
The Senate then went into executive session on
the fol'owing appointments submitted by ex-Gov
ernor Irwin : • .
P. W. Murphy, Brigadier-General of the National
Guard. ;_'
Thomas J. Clunie, Brigadier-General of the Fourth
Brigade, National Guard, vice M. S. lloran, re
i . John Garber, Trustee of the Asylum for the Deaf,
. Dumb and Blind, vice It. H. Haight.
. Frank McCoppin, State Harbor Commissioner,
vice A. M. Burns. ...
i Stale Board of Health— Robinson, of Colusa ;
H. Gibbons, of San Francisco ; Henry S. Orm, F. W.
i Todd, W. R. Cluness.
Directors of the Insane Asylum— Robert Watt, S.
S. Baldwin, Caleb Dorsey, Obed Harvey.
The roll was first called on the confirmation of P.
. W. Murphy, and the Senate refused to confirm by
■ the following vote :
~ Anderson, Chose, Enos, Gorman, Harlan,
> Kane, Kelly, Langford, Moreland, j Nelson, Pool,
■ Rvan, Satterwhite, West— l 4.
• j "Noes- Baker, Burt, Brown, Carlock, Cheney, Con
ger, Davis, Dickinson. George, Hill, Hitteil, Hudson,
■ Johnson, Johnston, Lampsun, .Neumann, Nye, Par
i dec, Rowel!, Sears, Tray lor, Watson, Wendell, Zuck
I -24- ' . ..- ' - -' fir
The question then came up on tho confirmation of
T. J. CluTiie.
Mr. Sattkrwhitk— I believe somewhat, gentle
men, in the doctrine that to the victors belong the
spoils, but, sir, in applying that rule I have always
looked around to tee if there were any spoils. To
keep up party organization there must be discipline
and allegiance. : lhe Republican party and its mem
bers, and it is numerous, charge the Democratic
party with upholding party organization and always
voting the ticket. In fact that we were not sufficiently
progressive, enlightened and cultivated tube impartial
on this subject of appointme ts and giving away
offices when we were in the majority. 1 believe.sir,
that all parties, more or less, want offices, but I wish
to institute a comparison right here. - Here is an
appointment one just refuatd and mother one
about to be- which amounts to nothing at the pres
ent time. There is nothing in it, to use the usual
expression. Now I take it from the vote we have
just had that this Senate docs not intend to confirm
this . appointment. fj Now, sir, I wish to direct
the attention of Senators to the action x.4 the
Democratic Senate as compared with the action we
have taken. I refer to the confirmation of General
McComb. The Democratic Senators met ____. emeu*,
sir, when bis nomination was before this body, ami
without a dissenting voice agreed to conirm tlie ap
pointment of that gentleman as Briga&er General,
and I refer to the memo rs of the Slate Board of
Health, the Regents of the SUte [.Diversity, Di
rectors of the Insane Asylum ; I and I refer to the
Republican Senators here present as to the bomber
of appointments that we confirmed that Governor
Irwin made and this Senate rxmfumed, and the num
ber of appointments that Governor Booth made that
the succeeding Democrats Senate confirmed. . Now,
sir, if this Senate precede and refuses to confirm
the appointment of 'Jen eral T. J. Cluuie I will ouly
.._■__.___ . .. •
be glad of the opportunity to say that we, at least,
have proved ourselves, as Democrats, as liberal, as
cultivated and as enlightened as tlie Republican
party itself.
Mr. Johnson— I simply desire to say that when
the appointment of General W. T. Crowell and oth
ers came before a Democratic Senate they were re
fused confirmation, and I go by the principle laid
down by the Senator from San Bernardino, that to
tig victors belong the spoils, nHe says it is good
dflctrine, anil 1 shall vote against the confirmation
of each and all the nominations. ' . _
Mr. Satterwhite— Does not the gentleman know'
that General JlcComb was confirmed?
Mr. Johnson -1 answer, I believe some dawning
of reason did get athwart the .vision of the Demo
cratic Senate, and that by 8 .me' miraculous dispen
sation of Providence they did confirm General Mc-
Comb, but they did it by mistake. When they found
they bad done it, it was too late for them to correct
the mistake. .
The Senate proceeded to vote upon each of the
appointments above named, and refused to confirm
each one by about the same vote ason the first.
On motion of Mr. Johnson, the Senate adjourned.
■"' Sacramento, January 13, ISBO.
The Assembly met pursuant to adjournment.
Speaker Cowdery in the chair. .
! Roll called and quorum present.
Prayer by the Chaplain.
On motion of Mr. Tyler, the journal, alter being
amended, was considered read and approved, fj ->'.-.
--'fZ-l ! CONSIDERATION Olt BILLS. if. ffi
Mr. Cooper moved to take up Assembly Bill No. 9
and finish the reading. ..-.,.:*
Mr. Tiler opposed the motion. The motion was
-lost. -". ; :......
Mr. Fox, Chairman of the Committee on Judi
ciary, reported back Assembly Bill No. 3— An Acs*,
for the protection of laborers on public works —
with a recommendation that it do not pass, the
committee believing that its provisions are unwise,
impractical and unconstitutional. : -f
Also, Assembly Bill No. 11— An Act to repeal an
Act entitled an Act to authorize the city and county
of San Francisoo to provide and maintain public
water works— with a recommendation that the same
be referred to the San Francisco delegation. So
ordered. ' . .
Also, Assembly Bill No. 12— An Act to repeal
Chapter 4 of Title 1, Part 2, of tbe Political Code—
with a recommendation that it pass.
■ '-m .' ... x'-.-vf-i -'notice.' '■■•" " "Z
■ By Mr. Corcok.n— Notice of amotion to amend
Rule IS by adding a new secti. n as follows : ** A
Comm.ttee on Irrigation, to consist of nine mem
bers." ■ ■■; ; „ . ' • j ■_ -..;;. „ •-,...- -,
introduction op bills.
By Mr. May — An Act in relation to ' certain depu
ties and assistants for County Clerks, fit empowers
County Clerks to assign deputies to Superior instead
of District Courts.] .'-- -
By Mr. Tyler -An Act to legalize anil validate
the assessment-rolls in cities and counties. Referred
to Committee on Judiciary. ' . ..■:■■
Also, an Act in relatiou to Courts of justice in
Alameda county. Referred to the Alameda delega
tion. „ . - .
By Mr. Goklky— An Act to preserve the public
morals and prevent the spread of vice. |This bill
prohibits the exhibition of lewd, nude and flashy
pictures in the windows Of venders of such stuff,
and makes it a crime for photographers to take in
a nude state the pictures of either males or females.
It is also alined at the illustrated flash papers.]
. Ily Mr. Levee— An Act to prohibit the vale of in
toxicating liquors in the State Capitol buildimr.
(Any person having in charge the State Capitol
building who shall permit liquors to bo sold shall be
guilty of a misdemeanor.] Referred to the Com
mittee on Public Morals.
By Mr. Fox— An Act to amend Sections 596 and
(133 of the Political Code. Referred to the Commit
tee on Corporations.
Also, an Act to amend an Act to provide for the
incorporation of Mutual Insurance Companies. Re
ferred to the Committee on Corporations ■'•
By Mr. Harris— An Act to amend Section 12.05 of
the Code of Civil Procedure Referred to the Com
mittee on Judiciary. -■:• '
By Mr. Maybell— An Act regulating the appoint
ment of aliens to positions under city and county,
city, county or town officials. [The bill declares, in
accordance with tne Constitution, that no alien
shall be appointed to any position of profit under
any official, either State or municipal, unless he
shall have declared bis intentions to become a citi
zen of the United States. To insure the execution
of the provisions of this Act, it declares that the
Treasurer paying a salary to any such alien does bo
at his own cost. J
By .Mr. Walker— An Act to provide for licensing
of and against the evils arising from the use of in
toxicating liquors. [It differs entirely from any
existing law on the statutes of this Slate. It is not
a prohibitory law, but requires the vendor of intox
icating liquors to give a bond for the damage bis
liquor may do, making it a misdemeanor to sell
without a license and a bond.l
The Speaker— lt will be referred to the Commit
tee on Corporations.
Mr. Brai'NHART— I move that the bill be referred
to the Committee on Chinese Immigration aud Emi
grating. It is nothing more than a matter of cour
tesy that' a member introducing a bill be allowed
to suggest to what committee it should go.
" The Speaker— Tho rules provide that the Chair
shall refer all. bills to the appropriate committee,
unless otherwise ordered by the House. The Chair
will send this bill t .the .In .liciary Committee unless
otherwise order*, d by the if 'Use.
Mr.-liKAixiiAßT— move its reference to the Com
mittee on Chinese' Immigration and Emigration. ,'
j Lost.
lly Mr liiiAi'Mi.MiT — An Act to limit and fix the
wages ana bourn of labor of conductors and drivers
'•ii street railroads.
.Mr. lot.v niiai.t -Now, sir, if this Committee on
Chinese, as was originally intended by the author of
the resolution, i- to be shorn of any power in deal
ing with matters that refer to and affect aliens and
Chinese, then it Will be well to reconsider the action
of the House creating that committee. I see bo
reason why tijfse ge-.tlemen here BO persistently
object to t he reference cf ureas u res affecting Chinese
to the proper committee, or why they should wish
them referred to comaritteee which 1 consider un
friendly and hostile to such legislation. Gentlemen
referred here yesterday to lolls that are being intro
duced as class legislation. They seem to know in
advance thai it is class lSgiilition, and are exceed
ingly anxious thai such bills shall be considered by
tn.- committees of whicii they :irc members. And
here I may say that tho majority of these commit
tees are men who have declared upon more than one
occasion . ,
J Im M'KAKEti gentleman will comets order.
It is not in order to refer la any member of this
Boom, or to any member ol a committee, in dis
respectful terms. '1 ho gentlemen hare all sworn to
obey the Constitution, and it is not in onto to refer
to them in disrespectful terms.
Mr. Itiivi'MiAUT Ido not desire that a bill having
the interest of the p.. .pie at stake should be iu
trusted to men who have declared that these Acts
Tlio SrEAKKR— I ho gentleman will come to order.
Mr. Hit At'.Mi.tr.r . I think I am justified by the re
mark made by the gentleman here from Alameda,
that this is OHM legislation, and of the gentleman
from San Fracc'sco, when he intimated that the
committee that w.uld be appointed by the i'l. air
upon Chinese was incompetent to deal with these
questions. Ido not know exactly what that com
mittee will be. I hive reason to believe that I will
be on that committee. And so far as I m con
rented, though not an attorney. I say that I have
just as much right to deal with questions of this
kind as the Judiciary Committee or any olher com
mittee. :.:..'. .
Mr. Trot— — Now it seems to me that such a dis
cussion is very unprofitable. There is a way of
doing things decently and in .order. I Here is a bill
that refers simply slid entirely to the matter of
corporations incorporated within this State who
employ certain classes of people— Chinese or Mon
golians, I do n'.t know what the difference is— the
author uses both words. Now is not the Committee
on Corporations the proper committee to oVal with
this bill. You might just as well refer this bill to
the Committee on Habile Morals, of which the gen
tleman from San Francisco is Chairman. He seems
to think that he is c-arged with guarding the inter
ests of the people, and that these bills should all —
if they refer to a certain clasj of legislation— go to
the appropriate committee, and when they come
ba k from that committee, if it is thought proper by
the members of this house, they can still be referred
to the Committee on Chinese and get the scintilating
genius of the gentlemen of that committee.
Mr. Mat— To my mind, Mr. Speaker, the gentle
man from San Francisco makes a great mistake.
Now the: c is but one sentiment upon this floor with
regard to the Chinese question. There are no two
sentiments here. You may poll the membership of
this house and there will not be found one vote
against the objects that the gentleman seeks to ac
complish. But if by a wholesale, sweeping resolu
tion you refer everything that by any possibility
might touch the Chin— to the Committee on
Chinese Emigration and Immigration, you will only
retard the labors of this house. Take that bill, for
instance. Suppose you refer it to that committee.
They will sit upon the bill, bring back their report,
and* we will get into a wrangle in less than five
minutes over the constitutionality of the measure.
One of these gentlemen learned in the law will point
nut that the bill cannot be made to- stand
the teat of judicial interpretation, and we will
get into a wrangle ■ over it, and eventu
ally will have to refer it to the Judiciary
Committee, and when it comes back it will then be
referred to the Committee on Corporations, where it
ought to have gone in the first instance. And so the
bill will go all this round, and I venture to say that
there can be found no difference of opinion with
reference to tbe objects sought to be attained. I
have no doubt ol it. Here is a gentleman brings in
a bill preventing fishermen from catching little
minnows. Now some one jumps up and says, "That
has reference to Chinese, and must go to tho Com
mittee on Chinese Immigration and Emigration.
You must not refer that to the Committee on Fish
and Game." Why, the thing is absurd. I have in my
desk a bill relating to the health department of San
Francisco* in which I incorporate some very stringent
matters that will be peculiarly applicable to the
Chinese, and 'hen some gentleman will jimp up and
move that the bill be referred to the Committee on
Chinese, and say that the San Francisoo delegation
are inimical tn the principles oontaired in the bill.
That the Judiciary Committee of this House, com
posed. of the ablest lawyers on the fetor, is inimical
to the principles of anti Chinese legislation. The
Committee on Corporations, composed of the most
distinguished men on tte floor ol this House— anti-
Chinese. I believe, e.tery ' one ci • them will be
charged with being inimical to. legislation on the
Chinese question. Ido hope tbat the House will
signally "sit down aaw* M all his thing, and say
I that every bill shall go to its appropriate committee.
Mr. Hardy— Mr. Speaker, 1 think tl.is bill should
go either to the Jp. did an Committee or to Com
mittee 'on Chiac-e. ' As far as I am concerned I
am willing tint the Committee on Chinese Emigra
tion and Immigration should have the hill for di
gestion. After it his been returned to us, then if it Is
thought proper, it can be sent to the Judiciary c.-m
--mittee. After they bave passed upon these bill-*,
why thav should be sent to the Committee on- Cor
pora* hvis .is more than I can see. It affects the
emigration of Chinese. It aft. the Chinese as
moe! i as it does the corporations, and why not send
* It to the Committee on Chinese, , and after the;
I have reported on it then it can he sent to the Jnli
■ I ciary Committee. ' They are as capable of passing <v
I » this bill as the Committee on Corporations.
: . Mr.' Foi— Mr. Speaker, I bad not propost d par lici
i (.Mr. in this debate, but I since it has been charged
pating in this debate, but smee it has been chaiged
by the gentleman from San Francisco that I yester
day intimated that the Committee on Chinese Im
migration and Emigration would be composed of
gentlemen incompetent to pass , npon questions of
■ this kind, 1 wish lo say that I have never made any
such intimation. | I am not endeared with the fore
knowledge of the gent eman from Ssn Francisco,
and do not know who may have the honor to be ap
pointed on that committee. Again, sir, lam not so
suspicious of my fellow-members upon this floor as
to believe that it is possible tor the Speaker to have
appointed a committee from the members of this
bouse who are incompetent to form a . cor
rect Judgment ' upon any matter that may
come . before them. , I recognize every member
upon this floor as a man if intelligence, a man
selected by an intebigent constituency io represent
them here, aud entitled to be considered such until
he proves himself unworthy of such consideration.
But what I did say was that the bill under discussion
was not one in reference to Chinese immigration
and emigration, but that it was hi reference to tbe
revenues ot this Slate, and the subject of licenses
It was a bill properly referable to either the Judi
ciary Committee or the Committee on Ways and
Means. The present bill is particularly appropriate
for the Committeo on Corporations. There is no
possible way for this Assembly to perform the du
ties devolved upon it except to divide the labor of
investigation between the. several committees ; to
give us reports upon particular points. That
it best done by referring each bill to the
committee whose duty it . has been made
to carefully consider the subject which that
bill embrace*. Mow, I submit that the Committee
on Chinese Emigration and Immigration, when ap
pointed, will be one of the most important commit
tees of the House. - It will have to deal with the
Federal relations of this State upon tbe subject of
Chinese, It will have to deal with the whole world
upon this subject, not with corporations, not with
the revenues et this Slate, but a committee whose
duty it will be to consider all resolutions and bills
which shall be presented here bearing upon the
question of emigration from China. The duties will
particularly rttiuire its member* to be familiar witb
the treaty between the United Slates and the Em
pire of China, and .to sjieak, through this
house, to tbe Federal Government, suggesting
how this treaty should be modified. I look upon
it as a committee of very great importance, and if
as the gentleman says, he is to be on the committee,
lean assure him that before this session is over he
will be called upon to pass upon some of the great
est questions that have ever been passed upon i.-i the
United Stales of America. He will bave to make
known tlie wishes and wauls of the people of the
State ' of California, and he will have his hands
full without handing the judicial laws of this State,
or the laws relative to the revenues of the State.
Mr. Matbell— Mr. Speaker, the gentleman from
San Francisco, Mr. May, seems to be very ticklish
about the Committee on Chinese not making
these laws constitutional. 1 have this to say.
There is . not a member on j this floor
who does not know that any and every law we can
make upon the Chinese question will be declared
unconstitutional until the people have the execu
tion of the law. Give me the execution of the law
and I will give you tbe making of the law. It is the
execution of the law that makes constitutional or un
constitutional. day why is it that the people
have no relief I Because the enemies of the people
anil the friends of Chinese emigration have the exe
cution of the law, not only in this State, but
in the United States. Mr Blackstone, the
father .of all you lawyers, says that no
law is law, or is to be respected as law,
that is in defiance of and contrary to natural law,
and that nothing that is written with ink upon
paper that declares that a free and loyal people of a
State shall die, shall starve to death, that its civil
ization shall go do* n beneath an avalanche of bar
barism, can be law, because it is contrary to the na
tural law of self-preservation. The bill at present
under discussion, I think no member on this floor
imbued with a spirit of fairness will deny, aims di
rectly at Chinese emigration. It is in indirect lan
guage, it is true, but the direct force of the bill is
aimed at Chinese emigration. Why, then, refer it to
any other committee unless it is to defeat the bill.
Mr. Braunuakt— Mr. Speaker, from the remarks
of the gentleman from Alameda, Mr. Fox, I would
infer the scope of this committee to be to report
upon resolutions which may be introduced in this
house and thereafter referred to the Committee i v
Chinese. And he believes that we might distinguish
ourselves here upon this floor by grand, eloquent
speeches upon the subject. Thai is certainly not
my intention. Why does he desire to oppose the
reference of these bills to the printer committee?
He declares that we will have to pass upon resolu
tions to be sent to bis fraudulency, the de facto
President of the United States
Mr. Tvler— l call the gentleman to order. No
member on this floor has the right to refer to
the President of the Untied States as "his fraud
ulency." ...-.- • "..--*-
The Speaker- -The point of order is well taken.
Mr. Lane- 1 raise the point of order that the gen
tleman was not in his seat when be raised the point
of order.
The SrEAKER— the Chair will of its , own
motion make the point and call the gentleman to
Mr. Braumiart— We will have to supplicate Con
gress and the President of the United States with
our resolutions. The very language of some of
the gentlemen who I now have in my mind's eye
declare that the provisions of the Constitution in
the Chinese article were simply buncombe, ami per
haps they .have that opinion still. ' I believe, sir,
that there are certain lights reserved Pi the sov
ereignty of the people of the Stale of California.
Under the Tenth Amendment to the Constitution of
the United States we can deal with this Chinese
question, and I, having that object in view, intro
duced a resolution creating a Committee on Chinese,
which tin- Committee on Rules afterwards emascu
lated into Chinese Emigra'J in and Immigration, in
order that no hills, no resolutions whatever, might
be referred to that committee. It this is to hi- the
scope of the committee, why did this house stultify
its, by adopting the resolution ?
The question being U|>ou reference to tiieC.m
mittee ■o i Chinese, the ayes md noes wera de*
manded by .Messrs. Brauiihart, Maybell and Carr of
Yuba, and the roll was called, with the following re
sult, 79 members answering to their names: Ayes
M, nod 45. The bill was then referred to the Com
mittee on Corporations.
Mr. Lank moved to adjourn. . Lost.
The SrEAKER announced as the Committee on
Chinese Emigration sod Immigration Messrs.
Braunhart, McCarty of Lake, Young, York, Fel
ton, Morse, OUT of Yuba, >! ivl.cll. Anthony.
Mr. Hi-.ai SH..RT declined to serve.
The Chair then appointed Mr. McCarthy of San
Francisco as Chairman of the committee.
Mr. Bennett introduced a bill to amend Section
3770 of the Political Code. Referred to the Can
mittee on the Judiciary. .
Mr. Fox, from the Committee on the Judiciary,
reported back Assembly Bill No. 1:1, with a recom
mendation that it v referred to the Sin Francisco
Mr. DißßiTt— - Mr. Speaker, I hereby give notice
that 1 will at an early day introduce mi amendment
bt the standing rules of the House in reference to
the reading "i bills on three several days, protesting
■gainst the action of the House against net— Bg al
length on tbe first and see-. days. The* object of
this is to allow any one who wants to to go ii|>o:i the
record. ["■ '■**' "■'' •'*
Kulcd out of order.
Mr. Lr.ACti- -Mr. Speaker, I lute a motion to make
upon this subject, First, I auk the privilege of
reading ati extract from the Daily Hee. It is as fol
lows: " Ihc heated debates and lout; Winded dis
putes now occupying the attct tion of the House are
liable to occur at say moment, upon any other pro
vision of the Constitution, the gist of the arguments
in each case being, as in tbe debates on the reading
of bills, to arrive at some conclusion as to the intent
of the trainers of tbe Constitution. Tlie intent is,
of course, the fundamental principles of all law, ami
is I ii.l down as a maxim by Story in his
work on Constitutions ] Jamison on Constit
utions alio claims that* tl.e intentof a con
stitutional provision cannot be thoroughly
understood or correctly interpreted unless the de
bates in convention for an I against the measure are
known and understood. - The debates in the Consti
tutional Convention of this State are In existence,
audit hey are consulted mith debate and lee* of
time will be saved. When the intent of the framer.s
of the Constitution is thoroughly understood from
a reading of tbe debates, it will be found that
the opiwsiti.iii in' the House on the triple
reading proposition is correct in . its premises.'
Now, sir, 1 think the suggestion a good one. I
am one of those who supported the report of the
Judiciary Committee. . But if it can be shown that
the framers of the Constitution intended that a bill
should be read at length three times I would feel it
to be my duty to vote for. a reconsideration of the
report of the Judiciary Committee. lam informed
that Messrs. Willis k Stockton, phonographic re
porters tii the Constitutional Convention, have the
notes of the debates in full, and that they can and
will furnish to this House a report of the debates
upon this particular subject, that will show clearly
and succinctly the intention of the framers of-thc
Constitution. ' Therefore 1 move that Messrs. Willis
k Stockton be requested to furnish to tbe Clerk of
this House the debates of the Convention upon this
subject, which tbe Clerk alt— I read fjr the informa
tion of the members. .
Mr Tyler— Whatever may be said in regard to.
this nutter, it lias been judicially determined ia
several cases by the Supreme Courts of several
States, that a Court had no authority or power to
refer to the debates of a Constitutional Convention
for the purpose of determining the meaning of.
words used. It makes no difference what some—
thinks the words mean. The ' men who gt tup then
and discussed this matter in tbe Constitutional Con
vention were no better able to determine the mean
ing of these words than we ire. 1 ant pea— ctly
win: _r|th:tt any gentleman should refer to the de
. bates. You will flnd the whole discussion, in the
Kecorb-L'nion, in which Mr. Reynolds, thst. intro
ducer, declared that it was not his intcnli.ss to put
any such construe ion upon the clause.
- .Mr. Hardy — As I understand the resolution, it is
that the debates be produced and read.. We don"\
want all the debates brought in here.
- Mr. Mclxtosh — I move to lay the resolstion on the
table. Lest.*- "
Mr. Corcoran— l would suggest that if.any gen
tleman desires information up.Hi this subject, that
be himself, in his individual capacity, and at bis own
expense, baa tbe privilege uf gettieg. the debates.
We don't want to go to the exper.s* of four, five or
six hundred dollars to decide a point of litis kind,
which is already lain to mv mind,
- Mr. Max — 1 have no doubt at all with reference to
I this question. 1 am thorough. I.}1 .} satisfied with the
decision of this House.rendered over and over again.
And yet there are gentlemen bene who tb ck d.ffer
eotly, and.tbey have a right to think differently,
from the" majority of the House. And we
should respect their opinions. And ai ace in their
judgment it goes to tbe v«y essence of the value of
a law that is passed here, I thiak we cannot well
take leo much pains to disabuse their minds, if it is
possible to do so. -Nov, if for tbe asking we can get
from the reporters the debates upon this important
matier, let us get thwi by all means, and let the pa ts
hah affect this question be read. 'We cannot ex.
. peet a voluminous report, but Itt us call for such
i portions at iris, time as have a bearing upon this
. subiect, so as to have l". smiled id the satisfaction til
, every man upon this floor. lam emphatically in
favor of *«_»• resolution. '. x '- ""--.. '.. :»•
i | Mr. I__avEE— l would like to ask ii the vote of thi
I Convention on that clause is contained in the de
> bales? i ■ ' •:■ ■: tea -.' _J- „&:«-;__. .- - :. .-.- ■-!.
.- _ Tbe Speaker— l am informed that it is. lam in
- | formed that tbe debates on thia clause will not maki
a 1 formed that the debates on this clause will not : niak.
more than two pages of legal cap paper.
1 The question being upon the adoption of the reso
* . 1t... ■- . _- * tl'. r**t & H.a.fO i*- —*'■ c
• •LC*IK It— MMII I*4.
lution calling for the debates, it was adopted almost
unanimously. ' .'. „'
" Mr Urainhart gave notice of a motion to amend
the rules in reference to the reading of bills.
On motion of Mr. La_s«, at 12:30 the Assembly ad
journ. .1.
: Eds. Kicord-Umioh : It has been said
that "in a multitude of counselors there is
safety." If the old proverb is exactly true in
every instance, then Marysville seemingly has
little to fear. Since the question as to
whether or not she would commence an ac
tion against the miners was first mooted, poor
Marysville has been beset with' adviser*.
They have talked to her at her own door
step; they have talked to her from the
neighboring yards and hutif-etopa ; dinning
their advice into her ears at all time*, as
stridulous-voiced as Cassandra, as strenuous
and insistent as Then-it. •_--, always counseling
"yet a little sleep, a little slumber;" like
Thersitea, advising a little more complacency,
a little further delay ; and when they could
not get to talk with her they have written
letters to her from abroad, one of which ap
peared in your paper ot January 8, 1880, and
many, of which have appeared in the San
iTancisco Stock Report, notably one commu
nication shortly after the decision of our Su
preme Court in the Keyes case.
i Marysville has been complacent too long ;
too long has she been, content with bare
promises, and too long apathetic as to her
prospects and future. . But if her thought*
have been purposeless in the past, she ha* at
length awakened to a realization of her danger;
to a realization that if the ruinous plans of
the miners are ever to be checked ; if the
compact that Natqre has made with one of
her strongest elements, aided by the miners'
industry, to ruin her, is ever to be resisted
and broken, it behooves her to be up and
doing, and to be doing that she has to do
right speedily. . .
The miners would stipulate with us now,
saying, " We'll legislate." Does any one
know what the Legislature will do ? Can any
one answer that it will certainly do anything
that will benefit us or the farmers, or tend to
effectually remedy this great evil (sic), or
avert • the great calamity that certainly
awaits us if a remedy is not had ': Can the
promises of the miners be relied upon now
with any greater certainty that they will be
kept than heretofore ?
Heretofore the miner has always pleaded
for " time, time," and " time, time has been
given him, and " time, time," coupled with
his enterprise, has wrought us all our sorrow.
Is this last promise to legislate anything more
than another demand for " time, time " ? And
if legislation is sought, will the miner's gold
be less effectual than other gold has been to
procure partisan legislation and ineffectual
enactments? . I -jt"--. .-*.. r,wl :•.;.
Since the city's action against the miner*
was first spoken of a great number of critics
have sprung vp — fruit of the dragon's teeth —
all equally ready to pick a flaw or carp at a
mistake, and all unanimous that a mistake
was made; first, in not accepting the money of
fered by the miners to prevent the commence
ment of an action against them ; I second, in
commencing an action against the miners at
all ; and, third (in view of the fact that the
miners promise that legislation shall be had),
in not dismissing the action that has been
commenced. Inquiry discloses that nearly
all of these self - constituted advisers are
interested in some way or another in mining
property. The proper criticism, therefore,
to be passed upon their advice in the premises,
is obvious an old lawyer would characterize
every such advice as Janus in legibus. To be
sure, some of those who advised that the city
accept the money offered by the miners, ad
vised in good faith. Their good faith is not
questioned, but we think that all such adviser*
have had the good taste not to make an op
portunity of every stump, rostrum and mar
ket place, and place where there were hearers
that would hear, to lament the city's policy
on the one band, and extol the miner's mag
nanimity, or munificence — as you please —
the other. We rather effect to believe that
all — having a common interest in the
city's welfare — now heartily interested
to see the city successful in its action and (let
ting bygones be bygones), taking an active,
hopeful and helpful part therein.
It is true that there is nn desire npon the
part of the citizens of Marysville to stop hy
draulic mmmg we have no quarrels with the
miners simply fcr their vocation's sake ; but
we do insist that the miner, in getting bis
-gold, shall not destroy us ! We know that it
is " an excellent thing fur brethren to dwell
together in unity," and we feel that interest
Republka ut sit finis lit til in — that our inter-
-1.-. M well as- those of the State at large,
would be best subserved by a speedy settle
ment of this question. Yet so long as our
happiness, our prosperity, our veiy lives are
at stake, depending upon the .discontinuance
of the miners' industry, so long shall we be
at war with that industry; so long, and as
lung as there is a Conrt to go to, shall we de
mand at the bar of public justice the right
which the miners deny to us : the right to
exist. Alcoran Taxpayeb.
Ilarysville, January a, 1880, ..;-..
San Francisco, January 13, 1 —
- 10,470 Ex parte Yun Chin- line and filing
the petition herein, ordered that a writ of habeas
corpus issue, as prayed for, returnable before Hon.
J. C. Cary, one of the Judges of tbe Sujierior Court
in and for the County of San Francisco, on Thurs
day, the Sth day of January, A. D. ISSO, at 10
o'clock A. m., at tho Court-room of th.: Superior
Court in the city of San Francisco.
_ ._ - .
Wednesday, January 7th.
Ordered tbat George 11. .Smith be anil he is
hereby appointed Reporter of Decision*, to hold
such otlice at the pleasure of the Justices of thin
Court. ...
TnmsnAT, January Bth.
0. S. Wetberl.y vs. Charles Thomas— On reading
and filing the affidavit herein, it is ordered that the
appellant have twenty days additional time within
v. inch to serve and file transcript on appeal. ■
10 : 471 -Ex parte Hung Lin— On reading and filing
tho petition herein, ordered that a writ of habeas
corpus issue, as prayed for. returnable before the
Supreme Court of the Stale of California, at its
Courtroom, in tbe city and county of San Francisco,
on Friday, the Uth day of January, A. D. 1->SO, at 11
o'clock A. M.
Friday, January tub.
Ex parte Hung Lin on habeas corpus— Argued by
l...u. lcrb.uk fur petitioner and by Horan and Mar
shall for the people, and submitted. Subs quenlly
application for hail was denied, and petitioner re
in. .It.- .1 to the proper authority.
Chief Justice Morrison designated Justices Mc-
Kinstry, McKee and I'.osi to constitute Department
No. 1, and Justices Thornton, Myrick and sharpsteiti
to constitute Dei artment ***'*• — Justices McKin
stry, McKee and Ross, comprising Department No.
1, elected Justice McKinstry to preside over said
.iepar! Justices '1 hornton, Jiy rick and Sharp
stein, comprising Department No. 2, elected Justice
Thornton to preside over said Department.
-■>■:■ Ai) -• •..•;: Monday, January 12th.
(li_ — Tnrntv vs. Doherty— Motion to recall re
mittitur argued by Bates and Parker for appellant,
and motion denied. _ .
Durkee vs. Central Pacific Railroad Company— On
motion of Haves, and by consent of counsel, hear
ing set for the luth instant. Ordered that the case
be heard in bane. '
. Ordered by the Chief Justice that all even num
bered cases be assigned to Deportment .No. 1, and
that all odd numbered cases be assigned to Depart
ment No. 2. , •
Ordered that c lamination of applicants for ad
mi'sion to practice be eet for Friday, January 16,
anoi ,- - _....-... ..-.-,
0896 — D« Castro vs. Lewi*— On motion of Seawell
lor respondent and Clerk's certificate and stipulation
. ii file, ordered that the appeal herein be, and the
same is hereby, dismissed.
Ti'ehdat, January 13th.
10,471— Cx parte Hung Lin on habeas corpus--.
Opinion divided. :...'•. i:
Adjourned until 11 ___> si. to-morrow.
W. W. Likens admitted to practice on motion < f
E. D. Sawyer and a license from tbe Supreme Court
at New York.'- ' ■ „ „
•BlS— Pickett vs. Wallace et al— On motion of
Wilson for respondents, motion to dismiss appeal
; set Cor hearing January 19th. . .
; Note. The class ol applicants for admission to
_ practice will be examined oa Friday. Januery loth.
Applications must be filed with the Clerk on or be
fore Thursday, the 1. th. .-.-.- ' . f.:-.;
if, Hon. S. C. Desko.-i, presiding. .
- Tiksoav, January 13, 1080.
F. S. George vs. J. P. Counts— Order submitting
cause heretofore entered, set aside.
Eva Bissell vs. Charles T. Bissell— Cause submitted
to Vf. F. George, mi referee, to take testimony.
John W. Greenlaw vs. His Creditors— tsherifl ap-
pointed assignee. ' - '"• - - '
In th* matter of application of Trustees of
H-street Methodist Church to mortgage projerty—
1 1 .-r. . modified. .*'■■■ -.•-■> ,-" -
-, Recess till to-morrow at 10 o'clock A. v. ■ ■
This— The Semi-Weekly it
sent in clubs of from 10 ■to 125 copies to ovet
500 Postoffices in California.: It stands un- .
rivaled as an advertising medium. . .«._..;>- >
Thebe have i been "more cures of seminal
'weakness, nervous debility and paralysis made ■
by the wonderful English remedy, Sir Astley
Cooper's Vital Restorative, than by all other
ramediee combined. -Why will .you BUtfer?
Send to A. E. Mintie, M. D.,' No. 11 Kearny
street, San Franciidn, forthe Kestorative, and
be cured. Price, $3 jier bottle ; four , tunes
the quantity. SIO. • Try «*• bottle. * 'ff

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