Newspaper Page Text
I-AI.Y rXIftV SEttlM-*OL.XUT-*.O. MR.
DAILY Ut-CO_t» _ __•..£_ -VOL. XYI-_;o. 9419.
THE DAILY RECORD-UNION.
Entered at the Post Office at Sacramento as s-con.l class matter
PUBLISHED BT TUB
Sacramento Puhlishiiig Company,
V TM. O. MILLS, General Manager.
cation Offlee, Third »t., bet. J and K.
THE DAILY KM 'ORR.rNION'
Upabllahed etery day ol the week. B______8 ______ excepted.
for on. year , $10 OC
-"or ill month*. 6 00
Vorthi-. month. . 3 00
Ten ooplee one ,<__■. to one addreM 80 00
Bah_crlb_i. served hy Carriers at T_-_-rTT-*flvc
Oxjmi par weak. In ell interior cities tad town* the
paper «■__ tie had of the principal Periodical Dealera.
New-men and Amenta.
Advertising Bates la Daily Record-tnlon.
On«Sqn_re. 1 time »1 00
Cine Square, J time* 1 71
One Square, J times i 80
-__ih additional time, SO
_ .Weak. S Weeks. .Month
Half Sqnue, lit pace .5 60 (3-0 $-01.
Half Square, 2d p-t_(- 3 60 (00 8 00
Bait Square. 3d page 3 SO 4 50 tX
H_"f S-unru, im,e 00 3 00 4 00
One Square, l.t pace. 3 SO 800 100
One --'-a— . 3d pa.« - 00 TOO 10 OU
On. Sq .are, 3d pace 400 600 800
One Square. 4th nan 300 400 - 600
Star Notice*, to (olio- reading matter, twenty -fi-t.
»__» a line for each insertion.
A-T-r.l-e_._nt. of Situations Wanted. Houses to Let.
Society Mw-tluK.. etc.. of nva li* as oa ____, will be
anted Id the Daily llkoo ar-Umo * ac follow. :
'lite tt__» . , ; 15 cent.
Three time- _. ....... 50ot_t»
On. week 76 coat.
Se.en word, to oonstitata a Una.
me WEEKLY IMM
.Published In ..-ml weekly [__■_■_
_ Issued on Wedn<__»_- and Saturday of each weaV.
enmy bring F.i. l.i .'___• In each lasue. or Slxt-en Pane*
each we k. and I* the eheope-t and moat eieair.Me
H .me. New. and Literary Journal ________ on the
Term a, One Tear .....ft 00
Semi -Wee fcly Union .4 dvertUlng Bates.
Half Square, 1 time m, $1 00
KUch additional time „ 60
One Square. 1 time A*", - 00
Each additional time 1 00
WANTED, LOST AND FOUND.
Advertisements of five lines in this department are
Ixt-ertrd for __ cent, for one time ; three times for 50
sent. Or 75 cents per week.
WANTE'i— FROM ONE TO 50 CAR-LOADS
of dry four foot OAK WOOD. Apply to
D. GARDNER, Wood and Coal Yard, corner Fourth
and I streets. ja__-lw
TAKEN UP DECEMBER 28, 199, BY CX*±
the nnd.'si;_ii<il, at Weber Creek i^i^C*.
Rridge, Coloma R_ad, one small BAY*. }\_
HORSE, shod on all four feet, star on the l'oreiieaei,
. small white spot on lhe, nose, some white on right
fore foot, and branded with what seems to be a circle
on left hip. About eight years old. The owner is
requested to prove property, pay charges and take
the same away.
January 18, is.o. W.M. E. GAYLORD.
WANTED— INFORMATION IN REGAKD TO
OEOROE WHITFIELD GRAY, who went
from Kentucky to Calilorula in 1849. Those having
knowledge of him will confer a favor by writing to.
SAMUEL GRAY, at Rardstown, Nelson county,"
Kentucky. P-stoflice Boa 4. . • Jal4-2w*
riTHOMAS P. PURCELL, OF WEAVERVILLE,
JL Trinity county. Cal. He was last heard from
, .- Sacramento, during the last State Fair, in Sep-
tember last, since which time he suddenly dis-
appeared and has not been heard from since, and it
is feared that ho lias met with some foul play. Any
person knowing of his whereabouts, or ant il.ii._-
concerning him, will confer a lasting favor by com-
municating with his sister, MISS K. P. PURCELL,
at Virginia City, Nevada, and will relieve her of the
most painful suspense as to what has become of
TO PAPER MERCHANTS.
BIDS WILL BE RECEIVED AT THIS OFFICE
_D until FEBRUARY Ist. for SUPPLYING
PAPER of the sizes used in the publication of the
Rkcord-Union and Wkkklv Union, for one year.
The quantity needed and other specifications will
be furnished upon ap: lication. Samples must ac-
company bids, and guarantees given that all paper
will be equal to the samples submitted. Addiess
W. 11. MILLS, Oeneral -Manager Record-Union.
j.ul tf '
TO LET OB FOR SALE. :
ftjdvertlSßmeDts of five lines in this department are '
nA*r_-».'d for 25 cents for one time ; three times for 50
:«nts or 75 centa per reek.
fl-iO LET— TWO NICE LARGE FRONT ROOMS.
JL Also, two Bedrooms, at No. 1111 Third street,
between X and' L, east ride. ja.O-lw*
<_j-"1 /__._"_ TO -»>. <»»-A NORTHERN
• _-. __.*/*/*_? county Newspaper for sale cheap,
at a b-rgain. Good location. Good reas-ns for
selling. Address "'j. '/.. X," this -..ii ire. jal7-tf
FURNISHED ROOMS To LET— PLEASANT,
quiet, home-like rooms, nea ly furnished. To
rent by the day. w-e.'k or month, fit prices that
cannot fail to give satisfaction. Northwest corner
Third and J. Kntrances on J street, and on Third,
between .1 and 1 st-reem. MRS. TENIEYCK. JalO-tf
17WR RENT— TIIE LARGE AND COMMODIOUS
1 brick building corner of Fourth and I. streets -
live stories lii.ii, including basement, suitable for a
first class hotel; will be rented on favorable terms
to a good tenant.
THE L -RGE AND COMMODIOUS BRICK STORE,
ID. feet deep. No. 58 i street, between Second
and Third streets. Inquire of E. P. FIGG,
jalfr-Sw Corner Fourth and L streets.
MONEY TO LOAN ON REAL ESTATE. IN
sums to suit. Ijas-tfl P. BUHL.
THE CHICAGO HOTtL, CONTAINING/^,
nice Lady's Parlor, 11 Single and 11 _.[[}!
Double Rooms. Cm accommodate about -oJ____.
people. The dining room is well lighted nud venti-
lated; will Beat tO persons. A nice large Kitchen,
with all the lates' Improvements. A large Bar-
room and Offios, all wed arranged to suit the bust"
ness All the Furniture in rooms and everything
pertaining to this Hotel i** all new, having only been
opened four months, and is now doing a good busi-
ness. All the above and a five years' lea 1 , of
promises is for sale at a reasonable price. Death of
4he wife of the lanolord is the reason for this sale.
For further particulars, inquire at premises, Nos.
■ 08, 310 and 312 J street. S .cramento. Cal. jail tf
THE STOCK AND FIXTURES «^__Jl*_*»*-*****\
of a Hardware, Tinware and *jj jj-a
Airriculmral Implement St. .re, in the c_rjrf_*^^So
town of Chico, is offered for sale at a____A_________
1....'. to .-lose '-■ busin* ss. To a responsible
party a good l-H*__H-ta__ty Is offered to obtain con-
trol . f an old established business at a very low
figure. Capital required, .4,000 or ..... 00.
Address W. J. BLACKWELL, Chlcet; or
11. C. ILAWLEY -v CO., Sacramento, or San Fran-
ci-eo. ■ ■ ja.*. Iplm
TpvENTIST (LATE WITH 11. H. rIEMk
JLf son). successor to T. B. Reid, No. __"&______)
J street , betw, en Tuird and Fourth. Artificial Teeth
Inserted on all bases. Improved Liquid Nitrous
Oxide Oas, for the rainless Extraction of Teeth.
. . — . -_—————
a. il. UKKWI.K,
DENTIST, SOUTHWEST CORNER "* ff_f
JL? Seventh and J streeta, in Bryte's new_s____B
! .ail dine, up stairs. Teeth ex tracted without pain
by use c! Improved Liquid Nitrous Oxide Gas
J ' dlfi-lplm
11. H. PIEKSOX,
£VKNTIST US J STREET. BETWEEN,—.*
If * Fourth and Fifth, Sacramento. Arti--__l_.W
JcT-I Teeth inserted on Gold, Vulcanite and all bases.
Nitrous Oxide or Laughing Gas administered for the
painless extraction of Teeth. eIH-lm
~a A, G. GRIFFITH'S
' _f/r3 PESKY*.
■'jjjfl GRABITE WORKS,
-Sp£3 J ' 1 PEMtYX, CAI.
ff»i___,i--jjp? -piiE pest variety AND
MB --^i L. ', S A largest quarries on the
-==_____-■ 'leiSc Coast.' Polished Orani
Monuments, Tombstones and Tar lets made to orde'
Graultr l.ulltlltiz Stone
, p.-. d— n-ed and wW too— ler. jyll-lpflm
CHICKERING & SONS'
' * :_?:_L____--3aros x
lo.'.' ifi J Street r____e__t_.
New Warcroom. No. 31 Post street,
- H.echinii***' Institute building San ___ac_KX_
L. K. HAMMER,'
- s»^J.4'_--, >-■ ■ -■ - J.- '
gO-d. . AGENT FOR THE PACIFIC COAST.
Pianos sold on installments, If de-tired, and fo)
rent Oid lustrumenta taken in exchange for new.
, nVJk-> for"* "''.'-* e-.rtt-i'lv -.'.. to. d-i-lnlm :
TUEOUOKK .' «*____liC___r;
* rr.HF. GE-'t-P-aL AGENCY OF THE RECORD
. I < tr-TIOT for San Francisco, b=th for cu-cidatiot
TTNT 1 "- Ibr San Francisco, V-th for cireulatio.
i arf_ advertiMP--''."*. i» >>■ the omc9 ** P*-^ '!
i tten-^-o. _C- Montgomery s-_et. »^»JJ 8
end 10. ' ' b " lpt
SACRAMENTO DAILY RECORD-UNION.
THE 'MEOHANIOS' STPPE.
m___» t^— y _. _/-*^ f__4fl_ \. -I&. __**_<""
»/W J* / __pt>3«_i ' ■.• x __^ -v
Nf 4____* f *' / >3C\__sss_ \ cr _<> &•
"*_« / _«rJ--^_j\fcr___i*s H____J \ *i^
$&/ (___&s£#, _=- V__a%
3 __?^ i ' :c - fSliiiii I"^ &*■
<^_5_ fe^frriL. J '-^*iA^ :^ v 6£2_--__^_A^^ ■ jiflrl -^
*^Em\ -M^. V _/ __ te?
'*•'■' '■ I' "'
ITS AH ILL WIND
BLOWS NOBODY ANY GOOD!
.-.J.'. -v.-' .-■■- '■' is'} i i."- ■
So say Certain Grasping Dealers, who have taken ad-
vantage of the recent advance in prices of goods.
For not alone have they added on the actual advance in prices, but they have taken good
care to add an additional 10 or 15 per cent., even on such goods where ao advance has really
taken place. They propose, where it is possible, to bulldoze their customers into paying big
prices for inferior goods. The. newest dodge is to show hesitating customers Circulars, said
.(J come from Manufacturers and Jobbers (but really gotten up for the purpose of deception),
dwelling upon the enormous advances in prices, etc.
No doubt this so-called shrewd business trick would succeed very well, and would
probably help to fill the coffers of our smarter competitors. But we are just mean enough
to expose these little sharp practices, and just stupid enough to stick to the golden principle
of laboring for the interest of our patrons, by being the first to reduce when the market
declines, and the very last to advance when the market goes up.
Of course, our so-called shrewd merchants call this unwise business policy, and say they
don't believe in it worth a cent.
It seems, however, that the public does not agree with them, but sees fit to appreciate
our business stupidity. The result is, that notwithstanding the general cry of dull times,
it is a fact that for the same season of the year our trade is livelier at present than ever
before. - ...
This encouragement on the part of the public cheers us on, and only makes us so much
more determined to protect their interests, by keeping all advances down as much and as
long as possible. For this week we have the following inducements to offer in our
GENTS' FURNISHING GOODS DEPARTMENT :
A handsome line of Men's Calico Shirts, with two collars 05 cents
Very superior quality Men's Calico Shirts, with two collars fl 00
Cheviot front (French make) J *J1 35
Cheviot front and body (French make), newest patterns. . . $1 05
A good Knit Undershirt, white or colored 35 cents each
The best value in a White Knit Undershirt ever placed on our shelves 50 cents
A line of Japanese Fancy Stripe Undershirts or Drawers 50 cents
A line of full-finished Knit Underwear Sl 50 each
A full line of Scotch Won!, full-fini*h Undeiwear 82 35 each
A complete line of Navy Blue, double-breasted Overshirts. .Sl 45, Sl 85, $2, $2 25 ami $2 40
A good White Shirt, perfect fitting 75 cents
Linen bosom White Shirt, perfect fitting 81 00
Better grades .-jl 25, Sl 50, Sl 75 and 82
Linen Collars, newest styles 12?, cents each
Linen Collars, newest styles (better grade) 15 cents each
Linen Collars, very best quality 17 cents each
A splendid grade of Taper Collars 15 cents per box
Complete lines of Men's Cotton Half Hose 8..C, 10c, 12ic, 15c. 17c and 20.
A line of full-finished British Half Hose (super stout) 25 cents each
• I.isle Thread Half Hose (good quality) 30 cents
Lisle Thread Half Hose (best quality) 40 cents
Balbriggan Half Hose, silk clocking 35, 40 and 50 cents
Handsome assortment of Fancy Stripe Half Hose B : '.c, 17c, 25c, 35c, 45c and 50c
Cotton Handkerchiefs lit cents, 8J cents and 12_ cents
Linen Handkerchiefs 15 cents, 20 cents, 25 cents, 30 cents, 33?; cent 3 and 40 cents
Linen Handkerchiefs (initial hemstich) 50 and 75 cents
Beautiful assortment of Silk Handkerchiefs, in all shades and varieties . . .50 cents to ?1 50
A good pair of Suspenders for 20 cents
Better grades Suspenders 25c, 35e, 40c, 50c, OOc, 75c, OOc, 81, Sl 15 and --T 25
Coat Skin Gloves J .' 50 cents
Coat Skin Gloves (hand-made) : ' 70 cents
Goat Skin Gloves (half intlet) .85 cents
Goat Skin Gloves (full gauntlet) i Sl
Buckskin Gloves 00 cents, 81, 81 15 and 81 40
Buckskin Gloves (half gauntlet) 81 16
Buckskin Gloves (full gauntlet) 81 a", and 81 50
Bog Skin Driving Gloves 00 cents and 81
Full line of Gentlemen's Kid Gloves, all shades 81 25, 81 50 and Sl 75 per pair
' •C_E__:" , S^ _E3___lL.__2r-
Bows, black or fancy 10 cents, 15 cents, 20 cents and 25 cents
Black String Ties 15 cents, 20 cents, 25 cents. -'.0 cents and 50 cents
Fancy String Ties 15 cents, 25 cents and 40 cents
Windsor Scarfs (in all colors) .45 cents, 50 cents, 75 cents, 81 ami Sl 50
Black Dress Scarfs 40 cents, 50 cents, 05 cents and 85 cents
Fancy Dress Scarfs 40 cents, 50 cents, 05 cents and 85 cents
Linen Cutis 20 cents, 25 cents and 30 cents per pair.
ta Remember, that although you may know nothing about the value of a WHITE
SHIRT or any other article sold by v?, still in our house, owing to our method of having
one and the same price for all, you woul 1 do just as well and buy equally as low as
the wisest merchant.
If you live outside of Sacramento, and cannot make it convenient to come here, send
for a PRICE LIST, and yon will receive a complete catalogue of our goods and prices, for
ZDZEESTSE-T C3rOO__Oi!S !
1 :--.'. ''-■■' '
FANCY GOODS !
CLOTHING FOR MEN AND BOYS!
Hats, Caps, Millinery, Boots, Shoes, Trunks and Valises. j
ta Or-Vr* fllled Ihrongb lhe Malls. Express or Freight. 13
Xos. 400, 402, 404, 406 and 408 X street.
ADDRESS ALL 3 LETTERS: : ,,., Vj'-,].
Weinstock & Lttbiiii
„-'._.....'...■." ''" f -:. •'-; ■.■.-'.->".' *V**> *JJV!-■ - ' - '-"'''.'■•. "■■ -~Xi}<l- \*i iV-i . *J i.i iCi -t7 V* - ,
SACRAMENTO.. ..J.\. .:...:*;.'/. --J..:;;. .....f/.CAL.
SACRAMENTO, FRIDAY MORNING, JANUARY 23, 1880.
XXIIL SESSION— EIGHTEENTH DAY. .
©graphically Reported for the Record*
by Willis & Stockton.]
Sacramento, January 22, ISSO.
The Senate met at 10 a. -...pursuant to adjourn
ment, Pres dert Mansfield in the chair. ;
' Roll called and a quorum present.
Journal of yesterday approved.
Leive of absence was granted Senator Kane on
account of sickness.
The Chair announced the appointment of Joseph
Johnson and Hank Jones as Rear Porters.
Mr. Nye, from the Committee on Judiciary, re
ported back Senate Bill No. 37, and recommended
its passage with the following amendment : "Amend
title so as to read as follows : An Act to amend
Section SOS of the • Penal Code, declaring who are
magistrates; insert in lieu of * said,' in Section 1,
the words, * the penal.' " Also, report back Senate
Bill No. 3d, ami recommend its passage with the
following amendment : " Amen title so as to read,
* An Act to repeal Sections 1028, 1030, 1112 ana 1143
of the Penal Code, in relation to criminal CM*-*.'"
Also, reported back with amendments, recommend
ing their passage as amended. Senate Bills. Nos. 33,
35, 31, 29. 23, 24 and 23.
TIIS TEST CASE.
Mr. Dickinson moved that Senators Sears and Sat
terwhite be added to the committee, appointed to
present to the Supreme Court the case under Senate
Bill No. S3. He stated that the committee, as it
stood, represented only one side, and it was desira
ble that both be represented.
The motion prevailed. >
INTRODUCTION OF RILLS.
Mr. Enps - 1 present to tbe Senate a bill at the re
quest of tho Heal Estate and Taxpayers' Association
of the city and county of San Francisco. It is a
small article and worthy of attention. (The bill,
which provides for the city government Of San Fran
cisco, was sent to the desk. It was in six sections,
covering •_,"•- pages of legal cap paper.)
Mr. Johnson— l suggest that the bill, .-.imply to
save time, be considered as read, and let it be
printed. It will go upon the journal as having been
Mr. Enos— l do not think that bill comes under
the urgent necessity provision.
Mr. Satterwiiite— l move to amend by adding
the San Francisco delegation to the staff of the
Secretary to assist in reading the bill.
Mr. Conoev— l move that the first reuiing of the
bill be dispensed with, on the ground of urgent
necessity. I think that any person who looks at
that bill once w ill think it a case of urgent neces
Mr. Neumann— l move to amend, that it be read
by title. :
Mr. Johnson— second thought, I withdraw my
suggestions, and call for the reading of the bill.
Mr. Satterwiiite said there was no motion before
the Senate. He hoped the rules would he enforced,
and no Senator be allowed to make a motion or dis
cuss it until recognized by the President and the
question state.'. ...-.*
MESSAOK FROM the ASSEMBLY.
A message was received from the Assembly, an
nouncing the adoption by the Assembly of Concur
rent Resolution No. 11— relative to the establish
ment of a dead-letter office at San Francisco : and
that the Assembly had concurred in Senate Concur
rent Resolution No. 12— relative to the appointment
of a committee to present a ease to the Supreme
THE BILL READING.
Mr. Conger— l renew the motion that we dispense
with the first reading of the bill, on the ground of
urgent necessity, and that the bill be read by title.
I do not think we have time allotted to us by the
Constitution to read a great many of that kind of
bills three times at length, and I think that all of
the honorable Senatois will see the necessity of sus
pending the provisions of the Constitution on bills
of that length.
Mr. Baker l was one of those who voted against
the rule of the Senate for the reading of bills three
times at length, and the fix that the Senate now
linos itself in is the result of the rule adopted by a
majority of the Senate. But, as we have that rule,
we are hound to follow it through all its legitimate
consequences. Ido not understand that a case of
urgency is a case of convenience, and to my mind
there is nothing but the convenience of the Senate
which at this time lends any support to this motion.
There is no danger that the city of San Francisco
will run away. I would gladly dispense with the
reading of these and all hills the first time, because
I do not believe that that was the construction and
practice intended to be followed out by this Consti
tution. But, inasmuch as the Senate has voted to
read the j e bills the first time at length, I shall op.
pose dispensing with it until we have change! the
rule in regard to all bills, and shall vote against the
suspending of the rules in regard to any bill,
whether it belong or shoit, unless there be some
imperative, urgent necessity, which to my mind is
not this case. I shall vote against a suspension of
Mr. Conger— I did vote in favor of putting that
construction upon the Constitution, but 1 also
stated at the same time the same proposition which
1 advance now— that in certain cases we could sus
pend the rule and the Constitution an l consider it
to be a case of urgency, on account of the brief
time allotted us to moke all the laws of the State to
conform to the new Constitution, and I do consider
now that this esse is one of urgent necessity, and
would come it der a proper construction of the Con
Mr. Neumann— l move that the bill be laid on the
table and made the special order for February Ist.
Mr. Conger— l accept the amendment.
Mr. El-OS— l think that this bill is entitled t.i bo
treated with the same courtesy that all bills arc
treated. . '
Mr. Neumann— l propose to have some business
done here. Before that time I think we will have a
construction by the Supreme Court, and it will fa
Mr. Sattkrwiiite— l understand it takes a two
thirds vote to adopt the motion of the Senator in
front ff me (-Mr. Neumann). Rule 0 says every bill,
when introduced, shall be read, etc.
Mr. L. mi-son— -If the Senator from the Thirteenth
would wi bdraw the bill for a few days until we get
the decision of the Supreme Court it seems to me it
would save at least two long days and a great ileal of
expense to the State. If it does not interfere with
the -.ciiato's wishes, it would save the Senate a
great deal of time.
Mr. Enos -The gentlemen who came up from San
Francisco with the bill were anxious that it *\. >uld
be presented. We want to get that bill printed
so that it can be the subject of criticism and discus
sion. That is the only copy in manuscript tint we
have of the bill. I do not care whether it is read
now or not, I merely want it so that it can be printed
for use in our committees and be subject to discis
sion, and take it up section by section The only
reason why thee is any urgent necessity for the
taking up of this bill is that one portion of our city
government, known as the street department, is at
a perfect standstill, aud the provisions is this bill
will put that deportment into operation if it is
The President suggested that the Ist of February
comes on Sunday.
Mr. Neumann amended his motion by making it
The President put the question : Shall the bill
be limited, and made the Special order for February
The Chair being in doubt, the ayes and noes were
demanded by Mr. Johnson*.
Mr. S.-rrKi. white 1 was one of those who believed
that the Constitution intended we should be com
pelled to read a bill at length only once. Now Ido
not want to get up and glorify myself on the diffi
culty found by the Senate in taking the Opposite
course. . 1 want to accommodate myself to the busi
ness of the Senate, and as we are in this difficulty
we had be'ter get out of it the best way we can. I
hope the Senate will adopt the motion of the Senator
from the Tenth. .
Mr. West agreed with the views of the Senator
from the First, Mr.Sitterwhite. He hoped the mo
tio i would prevail. He had two or three bills that
wen) voluminous, an had hoard of others. The
reading of them would impose a large amount of
labor, and great expense to print these hi. is. All
these bills should first go the committees, and Jet
the committees examine them and report substi
tutes embracing the good points of all. | He had in
tended to ask the privilege of introducing a bill
and asking that the rule be suspended and the bill
referred to the committee without reading. ' He be
lieved that could be done and carry out the rule of
the Senate by a two-third vote. That will save the
printing of many superfluous bills, where several
were introduced on the same subject. -->..:
Mr. Johnson opposed the motion because it was
to lay the bill up *v the table. He knew nothing of
the bill, except that he believed it was one that had
been drawn by John F. Swift and printed in San
Francisco. He had read it, and he believed it con
tained some excellent provisions. Notwithstanding
he was not a resident of San Francisco, and did not
have the honor of being of that delegation, he did
not want to sec a bill killed in this manner. If
they desired to kill the bill let it be done openly.
To lay the bill upon, the table would put it in the
power of one-third of the Senate to prevent its being
taken up again.
Mr. WEST said that would not bo the case if it
was made a special order. - ■ •
Mr. Johnson held that l>oth could not be included
in the same motion. The Constitution did not
permit them to dispense with the reading of bills at
length, if ' the Senate held that WSJ the proper con
struction of the Constitution. It only permitted
them to dispense with the provision requiring a bill
to be read on three several days. .
Mr. Sears moved to amend the motion so as
to mike it the special order for Fibruary 2d, and
order it printed. He agreed with Mr. Johnson in
his construction of the Constitution relative to dis
pensing with the reading of bills. He thought the
motions reasonable one. It would give the San
Francisco delegation an opportunity to have the bill
printed for their use, and to send 1 1 the newspaiiers
and their constituents.' He hoped the motion would
prevail. • •'■'■'.■■. *
1 Mr. CB*__t thought it a question that could be dis
posed of very readily. . It would be n«»c*jssarv to
suspend the rule, anil, to do that would require a
Mr. Dickinson said that a great many bills had
been read by tide at the opening of the session, and
then taken up afterwards and read the first time.
He moved as a substitute lhat 720 copies of this bill
__ printed. He understood that it was in the power
of the Senate to order, printed such documents as it
sees fit. -■ - :.-;.:-,' .
-. Mr. Hill believed the bed. way to get out of it
was to read the bill now. Nearly one-half of the
Unit- required to read the bill bad already been 0.1
--sumed En discussing it. '" :. ' * - , '
Tuft qaefaion was put and the motion lost by a
vote of 22 ayes to 14 noes, two-thirds bung required.
- Tbe Secretary then proceeded with the reading of
the bilL . ... •_: .^,-. «-.-•' :.,*... ,.-»...; 1 ,-- ,
-:--..'.-_ FROM to. oovkhxo-.
, A . n-t~*s-i_re -"_« received from the Governor *b
no unci ii? t__ap;.i-etvi_l of law Wbrm«r as a Trustee'
of 'the Deaf, Dumb and ' Blind .11:11, and tr..::<-.
niitti.iir report of the State En3finter._l-.--.-1 ; . .
Tbe inetwace was taken up and the ap-fetntnient
.unanimouslj confirmed. . ._ . ; ,:; >,_.,'. .,', - s
The report of the State Engineer and accompany,
ing documents were ordered printed and referred 10
the Committee on Irrigation, Water Rights and
A message was received from the Assembly an
nouncing the passage of Senate Bill No. S3.
At 12:30 the _eiiate took the usual recess for one
. AFTERNOON SESSION. - .
Mr. Zuck, from the Committee on Contingent Ex
penses, reported back favorably the rcolu-ion to
pay Percy Ross, as Page of the Senate ; also for the
appointment of an Ass stant Minute Clerk ; and the
resolution to give the Committee on Education a
clerk at 96 per day.
All of the resolutions were adopted.
The Secretary continued the reading of the bill
introduced by Mi. Enos.
Mr. Enos moved that it be referred to the San
Frandsco delegation and twice the usual number of
copies ordered printed. .
Mr. Neumann moved that it be referred to the
Committee on City and County and Township Gov
Mr. Sattkrwihtk opposed the latter motion on
the ground th .t it was the duty of the San Fran
cisco delegation to take care of, and perfect this
bill, .he Committee on City and Township Gov
ernments had all they could do to attend to the
other citi.-s and towns.
Mr. Enos thought that, as the bill ' referred only
to San Francisco, it ought to go to the delegation.
Mr. Neumann thought the bill should go to the
standing committee in order to get a p flftt report
upon it. The bill interested the whole State.
Mr. ZtCK thought the bill ought to go to the San
Francisc > delegation, as the bill was one which in
terested that city alone. .
Mr. Johnston was tired of these arguments about
reference to the San Francisco delegation, and
threatened to more the previous question.
Mr. Traylor considered the bill a general one,
and thought it ought to go to the standing com
Mr. Dickinson said that he was a member of the
San Francisco delegation and of the Committee on
City and Township Governments. He desired to
see it referred to the latter unless that committee
was discharged and all bills providing for city char
ters bo sent to their delegations. He did not wish
to have to examine bills for city governments iv
two different committees.
Mr. Enos said that at first he was not very stren
uous about the reference of this bill to the San
Francisco delegation, but after what he had h«ard
said be was now strenuous in favor of that refer
ence. He believed the delegations from any city
should have the principal say about charters of their
city. It did not interfere with the rights of the
Senate to vote on the measure after it was reported.
Mr. Pardee favored the reference to the San
Francisco delegation. When a bill comes up for a
charter for Oakland lie should expect that It would,
be referred to the delegation from Alameda. . It was
the business of the San Francisco delegation to m
tend to hills of this character. This Committee on
City and Township Governments knew nothing of
the wants of San Francisco.
Tho ayes and noes wero demanded by Messrs.
Johnson, Chase and Gorman.
The roll was called and the motion lost by a vote
of S ayes to 25 noes. . -'-.
The motion to refer to the San Francisco delega
MORE BILLS. •
By Mr. Enos -An Act to repeal an Act entitled an
Act for the appointment of inspect r of stationary
steam boilers. Referred to the San Francisco dele
By Mr. Neumann— An Act to amend Section 850
of the Civil Code, providing for the Increase of the
capita! stock of corporations. (Makes a complete
revision of the Code on the aubject.] Referred to
the Committee on Corpora* ions.
By Mr. Hittell — Au Act to amend Section 1000
of the Code of Civil Procedure, in relation to the in
spection of writing. Referred to the Committee on
Also an Act to amend Sections 1004 and 1005 id
the Code of Civil Procedure. Committee on Judi-
Also an Act to amend Section 1051 of the Code of
Civil Procedure. Committee on Judiciary.
Also an Act to amend Section 1055 of the Code of
Civil Procedure. Committee oa Judiciary.
Also an Act to repeal Section 1056 of the Code of
Civil Procedure. Committee on Judiciary.
Also au Act to amend Section 1108 of the Code of
Civil Procedure. Committee on Judiciary. -
Also an Act to amend various sections of the Civil
Code. Committee on Judiciary.
Also au Act to amend Section 1058 of the Code of
Civil Procedure. Committ. eon Judiciary.
Also, an Act to amend Section 1144 of the Code
of Civil Procedure. Committee on Judiciary.
By Mr. Dickinson— An Act to amend various sec
tions of the Political Code relating to the National
Guard of California. (Puts the National Guard under
the rules and regulations of the United States army,
as far as they art. applicable, and remodels the
present law generally.] Committee on Mi itary Af
Mr. Brows' offered a resolution, which was
ado ted, providing for the payment of the gate
keepers at ... a day.
Mr. Kelly offered a resolution, which was adopted,
directing the State Printer to return the printed
journal by 9 A. M.
Mr. Johnson offered a resolu ion providing a clerk
for the Committees on Chinese, Mate Library and
Lib r and Capital jointly, at a per diem of •*.'». Re
ferred to the Committee on Contingent Expenses.
Mr. EtoWKUi offered a resolution anthori-dna* the
Committee on Mate Hospitals to employ a clerk : to
visit the various institutions receiving (State aid, and
giving the committee leave of absence frcm January
■_:;.! to January SOth. Adopted.
Mr. m.-N.n offered a resolution authorising the
Journal Clerk to employ an a-sist-tnt. Referred to
the Committee on Contingent Expenses.
Mr. Ceoeok offered a r solution appointing P. T.
M. Wate a clerk to take charge of all matters re
quired to be printed, take them to the State Print*
ing Utflce, and see to their return. Adopted.
By Mr. Enos— Act to add a new section to tbe
Political Code, un 1 to define the intention of Section
1930 of.-.he said code. Referred to the Committee
011 .Military Affairs.
Mr. Cheney, from the Committee on Engrossment,
reported correctly engrossed Senate Bill No. 50.
The Senate took up Senate Bill No. 19— An Act
relating to the foreclosure of mortgages — which the
Committee on Judiciary recommended be indefi
Mr. Cham thought the bill of great importance
to the people o: the State. He said that the bill
provided that property that is held to secure a mort
gage shall discharge the debt. He urged the en
grossment of the bill at some length. He claimed
it to be in the interest of the poorer class.
Mr. Zick opposed tin. bill. He held it more in
the interest of the lender than the borrower.
Mr. Sattekwiiitk thought that the passage of such
a bill would be going back 200 years .11 civilization.
He held the present law to fate as near perfect as it
could be made.
' Mr. Chase sad that he ha 1 known of many in
itances where people had been robbed of their
homes by the present law. He thought the bill a
just and proper one, and one demanded by the
Mr. Exos was opposed to the bill because it was
not only for the protection of the poor, but ior the
protection of the dishonest rich. " ,
# Mr. Hittell had many objections to the bill.
Among them was the fact that it was not 111 the
form of an amendment to the code, and that would
lie sut.'icient for him if there were no others. ■.
Mr Wendell opposed the hill. Ho said it would
result in causing the lender of money to demand ex
orbitant security. He thought the bill wrong in
Mr. WEST said that he was not certain that the
bill covered the ground sought to be reached by the
author. It might bothat^tbc bill ought to be ar
ranged so as to be an amendment to the code, Ha
recited, however, esses where the present law had
worked injury in parts of the Slate suhj-ct to
drouth. . There were many bankers who were Just ;
and merciful men, but unfortunately there were
many shylneks who took advantage of the present
law and ground down poor men. This Act was in
tended to pr teet the innocent poor against the av
aricious. if the hill was not in a proper shape, refer
it to a committee and have it perfected.
Mr Sears moved lhat the bill be indefinitely
The motion prevailed by a vote of ill ayes to 7
noes. * " ■ *
SITT.-*''K COURT CLERKS.
The Senate took up Senate Bill No. 66 — An Act to
amen. l Section 751 of the Political Code, relative to
Heputy Clerks of the Supreme Court. (By Mr.
The bill was read a third time and passed by a vote
of 25 ayes to 11 noes. . .
. RESOLUTIONS. ,
Mr. JoiiNsros offered the following resolution:
Res.ived, That we add to Standing Rule No. 5 of the
Senate the following : *' Provided, that when on any
day the order of business is n t gone through with
by reason of adjournment, the President .hall, after
the reading of the journal on the following day,
take up the order of btasittSSS where it left off on the
preceding day." Referred to the Committee on
Kales 1 , ' .
Mr. Dickinson offered 'a resolution, which was
adopted, orderi g twice the usual number of copies
of Senate Bills Noh. 131, I.Jo and 130 printed,
On motion of Mr. Dickinson, the Senate commit
tee to present the test case t » the Supreme Court
were granted leave of absence from to-morrow noon
--'.''" : assembly message.
" The Senate took up the Assembly message.
Assembly Concurrent Resolution No. 11— relative
to the establishment of a dead-letter office at San
FrancUct was referred to the Committee on Fed
eral Relations. . . **;'... -.
Assembly Bill No. 2.1 —A n Act to continue . in
force school teachers- certificates. State educational
diplomas,' and life diplomas. ' Referred to the Cen*
.tee on education. . "'I I
: ■ ■■ !.- -AIISCELLAXEftCS HI SIMMS. . I .' I
The Senate took up tbe resolution offered by Mr.
Baker, to amend Rule I making the recess from 12
to lUM P. 11.. Lust. . . , ' ,
The S^na^e took up the reso' "Uion offered by Mr.
Sattt-rwhite, amending Rule 0., .
' Mr. Joilsson offered an amendment,'' providing
that the bills should b_ read twice before they are
referred to the committees. • ' - . - " . *
' Mr. S.v-TEswiiiTß fav.Te 1 the amendment, ii J
Mr. West took a different view of it. Be thought
many bills would hi introduced and referred that
would never come up for any second reading." The
tim i of the second reading of all that class _f bills
would be saved. - ' "- ;
Mr. Jon-.-. ... explained the object of his amend
ment. It was to co-forta to the Co:is:itutiju and
have tie bills' read tw ;c_ before they went to ' com
mittees. It was simply to stop delay and expedite
- business. :It was nee.'S-an* if the Senate proposed
to do anything this sea ion. . 1 .:.;:> '
- ; Mr. *.'.u-.j. -.wind to k-i.w if the Senator wishfil
' to hear -Mr. Eu.*s' eh liter bill read again i.,-ni.»rr..-*-.
- 1 Mr,' Jt>'.i*~soN said he did. ' It was tie rule of ( ihe
Senate that all bills should be read three times. * _
'Mr. *£_f os did 11* ,t think the plan would gain any
time.;.--'- -"■":'--'•'■'*■-- *" '..-■'--■",-•.•*; ,-■--'■";"■'.;<
• On __*._*_. of Mr. Joints .*-, the resolution and
to. __jeu__:._n. wen. referred to the ._____tU__ on
Rues. iv.'i.J^i'*;- i .:..-'-■'•---..*;.:'
Mr. Brown moved that the Secr.tary take np fifty
of the first bills intioduced and re_d them by title a
second time. • • •
Mr. Satterwuite, at 4 p.m., moved to adjourn.
Messrs. Dickinson and Wendell opposed the mo
tion of Mr. Brown.
Mr. Brown withdrew his motion.
. Mr. Zuck moved to adjourn. The motion pre
vailed by a vote of 19 ayes to 15 noes.
A -*■*■* l-.>ll_l\_
Sacramento, January 22, 1380.
The Assembly met pursuint to adjournment,
at 11 o'clock a. M., Speaker Cowdery in the chair.
Roll called and quorum present. '
Prayer by the Chaplain.
Reading of the journal dispensed with and the
same corrected and approved.
Leave of absence was granted to Mr. Wason of
Ventura on motion of Mr. Watson.
On motion of Mr. Tyler the rules were suspended,
and Senate Bill No. _;. (the Test Act) was read a
third lime, and passed by a unanimous vote—
7_. noes none. ; - . • .
reports OP STANDING COMMITTEES.
Mr. Young, from the Committee on Public Print
ing, reported that Senate Bill No 09 bad not teen
printed, and a resolution that the original bill be re
turned to the printer for print was adopted. : '
Mr. Tyler, from the Committee on Fish and
Game, returned Assembly Hill No. 81, to protect
seals or sea lions, with a majority report recom
mending its jiassage. -
Mr. Merry, from the same committee, reported
an adverse minority report.
Mr. Bursts, from the Committee on State Hospi
tals, reported back Assembly Bill No. 145 (the Napa
Asylum bill), with a recommendation that it pass,—,
Mr. McComas. * from'- the Committee on Public
Lands, reported back Assembly Joint Resolution
No. 1, asking the requiring of a certain order of the
Com mis., of the General Land Office, and recom
mended its adoption. --
Mr. Cameron, from the Committee on Attaches
and Employes, reported a resolution that the Com
mittee on Education be allowed a Clerk.
Amended by adding " Committee on Public
Morals and Committee on Indian Affairs," and that
one Clerk serve the three committees, and adopted.
Also that the Committee on Counties and County
Boundaries, Mines and Mining Interests. .Military
' Affairs and Roads and Highways be allowed a Clerk
to serve those four commil.es. - Adopted.
Also reported back a resolution directing the Con
troller to draw a warrant for -.100 in favor of the
Sergeant-at-Arms for stationery and stamps for the
use of his office, with a recommendation tbat it do
• Mr. Tyler spoke in favor of the resolution and
characterized the action of the committee as being
'"penny wise and pound foolish," and M saving at
the spigot and wasting at the bung-bole." He said
that at the last session the stationery used in the
Scrgcant-at-Arms' room amounted to _-->uO. That
Officer has a large correspondence ; he is often called
upon to send copies of bills to parties at a distance
who make application to him. JMembeis 1 ften write
their letters in the Sergeant-at-Arms' room, and it is
only just and right that an appropriation should he
made for his postage and stationery. If it happened
that the total amount appropriated is not expended
the Sergeant -at- Arms must pay the unexpended
balance back into the Treasury. He hits promised
to do so. -
Mr. Cameron said that he opposed the resolution.
He thought this .100 was intended for tiie third
hou-e, and not for the Assembly There has been
an appropriation of iff*-!;- to each member for station
ery and postage, and if they write any letters let
them furnish the stamps out of their own -pockets.
He had sent to the Sergeant-at-Arms aud a keil bim
what he wanted this appropriation for, and he failed
to enumerate a single item that he needed which he
had not already been provided with by joint resolu
tion. The Secretary of Slate furnishes all station
ery necessary for his use without requisition.
Mr. Tyler deprecated Mr. Cameron's sneering
allusion to the third bouse. There are many gen
tlemen who come here from all parts of the State on
legitimate business ; they make a rendezvous at the
Sergeant-at-Arms' rooms, and it would be a great in
convenience to them to send them down town evt-ry
time they wanted to burrow a .beet of paper or a
Mr. York said he did not think il worth while to
" strain at gnats and swallow camels;'' but it has
not appeared from the discourse of the gentleman
that there is any necessity for this .100, and he
would support the Chairman of the committee.
Mr. Felton said that while there was a warrant
in the Constitution for an allowance of .25 to each
member for stationery, etc., there was no authority
for any appropriation to the Sergeant at-Arms for
that purpose. '
Mr. Tylkk moved to amend the resolution by
striking out $100 and inserting .50.
The amendment was lost.
A motion to .indefinitely postpone was carried.
mkssaok FROM THE GOVERNOR.
The report f f the State Engineer was transmitted
to the House by the Governor, and referred to the
Committee on Water Bights and Drainage.
introduction OK bills.
The following bills were introduced, read a first
time, and referred to committees :
By Mr. Briskr— Act to amend an Act entitled
"An Act providing for the election of an Attorney
in and for the city of Saci anient©,*' approved March
0, 1878. Referred to Sacramento delegation.
Alio an Act in relation to the trespassing of stock
upon inclosed lands. Roads and Highways.
.Also an Act to amend an Ac*, entitled " an Act to
amend an Ad in relation to the county government
of the county of Sacramento, approve. i Hard) 13,
1574," approved March 10, ls7S. Sacrameuto dele
By Mr. Hardy* — An Act to prohibit and prevent
extortion from candidates for public office, by reason
of such candidacy. Committee on Elections.
By Mr. MesseNOEß— An Act to amend Section 3195
of the Political Code, relating to the reservation of
public lands for Indians. Committee on Indian
By Mr. Adams- An Act to amend Sections 013 and
014 of an Act to establish a Penal Code, approved
February 14, 1872, relative to working prisoners con
fined in county jails. Judiciary.
Also an Act i" add a new section to the Penal
Code— Section 1615, in relation to the duty of Sher
iffs in working prisoners confined in county jails.
By Mr. 1* raesr Act to amend Section 2290 of
the Political Code, relative to taking books from the
State Library. Committee on State Library.
By Mr. Fox— An Act to provide for the taking of
appeals from judgments or orders given or made in
Courts abolished by the Constitution, Judiciary.
Also an Act to provide for the selection of lands
as indemnity for certain sixteenth and thirty-sixth
sections reserved as mineral lands. Public Lands.
By Mr. Merry An Act making appropriations for
salaries of Chief Justice and Associate Justices of
the Supreme Court of the Estate of California for the
balance of the thirty-first fiscal year, ending Ju;.e
30, ISaO. Wat and Means.
Also, an Act making appropriations for the State's
proportion of the r-alaries of the Supreme Judges • f
the counties of the Slate of California for the
balance of tho thirty-first fiscal year, ending June
30, I-- I *. Ways and Mens. *
By Mr. Y*ouNO--An Act to amend Section 791 of
the Political Code in relation to Notaries Public
Judiciary. • .-.
SECOXD r.KAn.NO 01" BILLS.
The following bills were read a second time :
Assembly Bi.l .No. 43— An Act to amend an Act en
titled an Act relating to mutual benefit and relief
associations, apDroved March 28, 1.74.
Also, Assembly Bill No. 41— An Act to amend Sec
tion- 312, 315, 322, 323. 320, 359 and 41... and to add
1 new section, to Be known as Section 401 of an Act
entitled an Act to establish a Civil Code, approved
Jlarc'i 21, 1-72, relating to corporations.
An amendment was proposed to Section 1, to
strike out "ten days before election" and insert
three days, as the time for closing the books.
Mr. Felton said tha - . there was no ne
cessity for fixing the time at more than
three days before the election in which to
write Up the stock books or to make Steele transfers,
in any company ; indeed, in most coses twenty-four
hours would be sufficient time. This bill is in the
interest of stockholders, and to give them the right
to vote their stock as far as p ssiule.and he thought
the amendment was good ; it v.as right and it was
Mr. Merry hoped the amendment would be
adopted, it being a protection to a large number of
stockholders of mining companies. Heretofore they
have been in the habit of shutting the books up ten
days prior to every election, so that the at.ckhold
ers in the interior, where the office is in ban Fran
cisco, cannot vote their stock at all.
The amendment was adopted.
Mr. Finlayhon moved ad amendment to Section
1, ** but no stock held as trustee shall he allowed to
vote;" and said that we all knew that it is a fre
quent cause of complaint tint stocks are held in the
name of trustees, by which the bona fide owner and
bolder is not' allowed to vote bis stock. A person
miy own thirty or forty thousand shares Of -Stock,
but the certificate is issued to the Secretary as
trustee. When the election conies the stock is voted
by the trustee, and the real and bona fide owner is
left - ut in the cold.
Mr. Fox said that he a.r.ed with the last speaker
in the main, but suggested that i»hraseob»^v of the
amendment might be modified so as to better ac
complish the desired pur'iosc. There are cases ih
which a person holding stuck as a trustee for a
minor or an executor e.n-.-ht to have the power of
voting, and that i. true in every case . where the
stock is in the name of a bona fide trustee— for per
sons incapacitated from voting on their own behalf.
The bill, un motion, was referred to the Judicial-)'
Committee. - . . . .' ...
Assembly Rill No. — An Act to repeal an Act en
titled an Act to compel the County Clerk of the city
and county ot Van Kr_»neisco to keep open his affloe
upon all election days, approved March 7, 1 .70.
lUead a second time. '
Also, Assembly Dill So. IW— An Act to re-teal an
Act entitled an Act to change the orthography of
the name of a town in Shasta county.
Objection being made that this l&-t bill has not
been printed, the entry of it is stricken out.
:" - * ■ MOTIONS AM) E_So_e*TlO*tS.
By M*- Ciiam»<laix— That the Committee on Ag
riculture and the Committee on Labor and Capital
be allowed to appoint one clerk. . Keferred to Cum
mittee 011 Attaches and Employes.
liy Mr. Ml). UK— That the Committee on Edi-ca
tinn be Increased from seven to nine members lie
erred to Cmnntittee on Rules.
By Mr. *.J0i.1"!..n -T-> strike out the words "for
the previous question ** in Wending Kale So. ■_■"».
Mr. Co-tcoRA.. __M that over two hundred years
ago, in Parliament, there were some member. 'wh.t,
not having anything partit.-11I.1rly to say themselves,
and not wishing to be instructed by others, invented
this idea of mo ring the prev.o-is question in order
to thut' oat all debate ; but it nad never Ken
adopted in Cot gress. He was certain that it never
has been used in the Senate, ar.d did not think it
had ever been in the lower bous_. In the State Sen
ate of California h_ never knew of it being used but
once, but yet there. were irentlcmen on this floor
who, after | rooking 1 winded .- speeches them-
Sjlveff, were in the habit of mo. the previous
question, thereby shntiing everybody else off— a
course of eondtt-tl which lie cliaracteriz-d as rot
or 1 unparliamentary , but un^entleni-inly, and he
hoped that this tiling of the. pieviou** question
would become a matter of history In this House and
that it wII never a.-am appear. ' '
..' Mr. Adams hoped the resolution would not be
adopted. I He used the n .or very little himself, but
there bad been CO much frivolous discussion on every
question that has come up that there have only
been two bills passed ihe House in two weeks, and
unless the debates can be cut iff by moving the
previous question there will be no legislation done
_*ir. Tyler moved to amend by inserting " unless
coded for by ten m mbcrs," and said that in any
case where the debate ought to be cut off there wi I
always be found ten members ready to aland up and
call for the previous question.
Mr. Corcoran accepted ihe amendment.
Mr. York hoped the amendment would not pre
vail. He was well aware that the rule of calling for
the previous question is a dangerous weapon— a
two-edged sword- but be was satisfied to let it con
tinue, and he would bo very careful himself when
he rose to call for the previous que.tion, not to seek
to do to another what he would not wish done to
hinise f He was satisfied with the rule as at pres
ent in force, providing a call by three members.
Mr. .McCarthy suggested that the adoption of the
amendment would he practically an abrogation -if
Kule -IS, and therefore was out of order.
The speaker declared the resolution in order.'
and said that the members can make the rules read
as they please.
The May said that in all his legislative ex
perience he bad never moved the previous question
nor voted for it, though the temptation to
do so had often been very strong. It is
true he has occupied the floor very often, but on
the least indication that he has talked long enough,
he has sat down very quickly. He thought that
gentlemen ought to have an opportunity to sj-eak,
it is true, but no one ought to stand oil the flour
sixty seconds after the sentiment of the house has
been expressed that he ought to sit down The
sentiment of the house rises higher than any indi
vidual right. Whenever the majority want the pre
vious question they ought to ha c it, for the major
ity should rule. He was Democrat enough to admit
that the majority of the house should rule. When
ever two or three gentlemen move the question and
a majority of the house ?econd the call, lhat major
ity ought to control. He was shut off yesterday by
the previous question just as he was on the point of
saying a particularly Smart thing or two, and so he
knows how it is himself; but nevertheless it is a
right that the house has, and lie would regret very
much to see it stricken out of the rules.
Mr. Mi luoi.land said that since the organization
of the House he did not think that any one had
called for the previous question as often as himself.
He differed from Mr. Coicuran in one respect ; the
previous question was not invented by men who had
no ideas themselves, and did nut want to have others
that had ideas to express them. On the contrary, it
was invented to save deliberative assemblies from
being kept hours and hours listening to the rhetoric
of a chimney-sweep set forth in the manner _f.a
shoe-black. We are here to promote the interests
of the State, and not to waste precious hours with
this ceaseless deluge of stupid humbug. No man
cm force the previous question on this hotly ; he
can call for it, and it a majority of the House do not
want it, they need not have" it. He was sick to
death of this bosh and balderdash, and would be
ashamed to stop this body from having the power to
put a curb on it, and he hoped the resolution would
not 1 retail.
Mr. McCarthy said that there were perhaps some
gentlemen on the floor so well informed that they
do not need instruction from any one. He was not
of that number. He could learn something from
every man, from the humblest to the greatest, and
he believed in unlimited discuss. on. 1 here are sev
eral gentlemen ou the flour who are always calling
for the previous question ; they seem to understand
one another and to net by concert, and when one
moves the previous question the others fall into line
and second it. He hoped that every question of im
portance would bo thoroughly argued before it is
Mr. 1 .ler thought that the author of the resolu
tion was mistaken in stating that it was not custom
ary to move the previous question in the Hou_e of
Representatives. Such might be the case in the
Senate, but it certainly was not in the House, he
cause both in Parliament and in the House of Hep
resentatives the rule bad always been that whenever
the previous question was called for the author of
the bill or the mover of the resolution was always
allowed to close the debate. Our rule cuts that off,
and it is a bad rule, because it gives the -power to
any set of men who concert together to cut off the
right of the minority to bo heard. This is not right.
The previous question ought not to be called for un
less tell men are willing to stand up and demand it.
In the House of Representatives, after the previous
question is moved, the author of the bill or the
mover of the rejoluti n has one hour in which to
close the debate if he chooses, and out of th .t hour
ho can give to one man five minutes and to another
ten minutes, and so on. That was right and proper,
and he hoped that the amendment would be made.
Mr. Harris thought that every member on this
floor was the peer of every other member, and it is
the right of every one to be heard upon every vital
question that may come before the House. tie was
not opjtosed to the prudent exercise of the previous
question, but thought it ought to be exercised only
in extreme cases.
The resolution was indefinitely postponed.
By Mr. Brown of Yuba— A resolution that 1,000
copies of the State Engineer's report be printed for
The number was increased to 2,000 copies, on mo
tion of Mr.Coßtoß\N,ar.d the resolution as amended
By Mr. Tyler— the Controller be authorized
to draw a warrant on the _tat_ Treasurer In favor of
the Secretary of State for the sum of .180, to pur
chase forty copies of HitteU's Codes ana ttatutes of
California for the use of members and committees.
Jlr. Tyler slated that after the supply was ex
hausted in the Secretary of State's office that requi
sitions for 35 copies had been made by members and
committees ; that though the regular price of the
work was .20, they can be purchased to the extent
of 40 copies for >'!_, and he urged the passage of the
resolution. The took was necessary. When a cer
tain section was proposed to be amended the mem
ber could turn at once to the cod- and ascertain at
once the nature of the Change demanded, by com
paring the amendment prop with the original
Mr. Jlay said that Mr Tyler was mistaken in *--tat-
Ing the price of the book to be t'2o. It was .15.
Two years ago the i*- gi laturo purchased a hundred
sets at -15 each. These books will be absolutely
worthless alter this session, though they will be
very convenient to refer to during this session.
On Mr. Tyler's motion, the resolution was
amended so as to appropriate $.80 for the purchase
of HitteU's Codes and Statutes, without mentioning
the price., the idea being to have the Secretary of
State purchase them as cheaply as possible.
Mr. Cameron wished to ask Mr. Tyler if these
statutes will be of any value after this session?
Mr. Tyler said that every gentleman must be his
own judge as to that paint
Mr. LAMEiiox— l am my own judge, and from
what I see around me, 1 think there are enough for
all the members nf this House, and I hope this
resolution will not be passed. I move that we pur
chase as many copies as we have committee-room*;.
Mr. Tyler asked lh_t the amendment be put in
Mr. Jlclntosii was in favor of the resolution
With the Code before him be could tell at once bow
the amendments apply. (J
Mr. JlcCallion asked Mr. Tyler where the statutes
are to be purchased.
Mr. Tales.— can be purchased at Bancroft's
in San Francisco.
Mr. McCallion— What are Bancroft A Co. going
to do with those Codes after the session of the
Mr Trout — is none of my business,
Mr. McUai.uo.n -I want to make it my business.
1 do not want to draw 8-00 out of tbe-CoOtlf-^ent
Fund of this. Vssscmhly or the purchase pi some
thing th.it will be of no use to us ..ftcrwards. I
bops the resolution will be voted down.
Mr. lint.-yson was in favor of all the economy
possible, hut he thought that every member should
have a C ide, that be may check the bills as they arc
being read, for by so doing, he may discover an
error or omission that will save* his constituents
from ten to fifty times the cost oi the volumes.
Mr.' Carr of Yuba moved to lay the resolution on
the table. Lost-
Mr. Cameron moved to amend, so as to read fifteen
copies. . ; .
Mr. Ttiju.— That __; only enough for the commit
tees. Ther- ought to be a set fur every member oa
Mr. Cameron— l don't want any.
Several meinh-rs— I don't want any. .
Mr. Tyler— I have no doubt that there are peo
ple on this floor that do not want them. They do
not want to know, perhaps, what the provisions vi
the bills are, or what changes are made in the law
of the land ; but 1, for one, do want a set in the
committee room, and I want a set here, and every
member wants one, or ouirht to want one. You
may be .able to borrow, but the balance of us ore
nut in the habit of borrowing.
Mi. Brum. art said that it would be absolute
bosh to pretend that one could vote, for an amend
ment to tho Code without knowing what the ord
inal section I*. - '.
Mr. Adams desired to introduce an amendment to
the amendment, .hat none shall be purchased ex
cept the members of the House ask lor them.
Mr. Tv-Kr. said lhat they bad asked for thirty-five
'more sets than the Secretary of State could provide.
The amendment was lest.
Mr. May said that he may not have' made himself
understood a few minutes ago. He did not object
p. the number of sets asked for ; he only objected
to the price; .12 is too much. It is not worth
.7 50. He would like an order made that a com
munication be sent to Bancroft & Co. to know at
what price 40 or 50 sets could be bought, and made
a motion to thai effect, in the nature of an amend
ment to the resolution, which Mr. Tyler yeccpted,
•nil the resolution as amended, viz ; " '..solved,
That the Clerk of this house be directed to commu
nicate with Bancroft it Co. and ascertain for what
price 40 copies of Hitteil's Digest can L. purchased,"
By Mr. McCai.tut— A resolution that the San
Kranciscu delegation be permitted to have its neces
sary printing' done for its use through the Chief
Clerk of the Assembly, on proper requisition signed
by the Chairman. Adopted..
By Mr. Tyler— Resolve -, That the committee of
three, appointed under the provisions of .loii t Res
olution No. 12 i.f this house, have leave of absence
for such time as may be necessary to attend to the
duties imposed upon them by such joint resolution.
Un motion of Mr. Mt-i.KV, the report of the Com
mittee on Inauguration, heretofore made, was
adopted. • .... .
BILLS IXTKuDI'CKD. .
The following bills were introduced by Mr. TtU il
out of regular order, read lor the first time and re
ferred to the Judiciary Committee : .
An Act to ainu . d .Sec ion 420 of the Penal Code,
relative to using language with intent to incite riot.
An Act to amend Section _»;•_ of the.l'enul Code,
relative to indictmehis. - * -•■ --
An Act to amend Sections 825, bCI) and 572 of the
Penal Code, rei .live to proceedings in criminal ac
tions prosecuted by indictment.- >--
An Act to amend Sections 005, 1016, 1017, 1020
1023 and 10*1 of the Penal Code, relative to plead
ings and proceedings after indictment and before
the commencement. of trial.
An Act tn repeal Section 1112 and amend Sections
107G, 11-0, 1130, 115', 1173 and 1181 of the, Petal
Code, rel-tive. t . proceed] after the commence
ment of trial and before Judgment. - . ■ .-■* _.__'_,_;•
• THIRD RP..IW.VO OF BJLLB. - * .. '!» '
- Assembly Bill No.:2l_An Act to transfer th
ree-, ds. papers and bud ness of the Coins i listing
on the 31st day of Dece;-.W, ISTS-, In tiis Slate, to
the Courts now existing therein— was read a third
time and passed by a unanimous vb._— .3 iyes*
noes, none. ■'■■• - -•_- ■ --■ ■. ..- ■ .-. . 1. -■;...,
- Kt-t- » uutil 2 o'clock. — '_*» > J" _ > -*■
1 .'.--• -i . ■ ■-. ... — . -.--, =■ -t '.'■■■ *. .- y .-. ■■ ; - .
DA ITY 4-np-rxniV SERIES.'
YOUHB in MHI'.HI 1. ;,
AFTERNOON SESSION." •-
The Assembly reassembled at i p. H. Speaker
Cowdery in the chair.
Mr. May called up his notice to reconsider the vote
by which the resolution in relation to mileage was
passed. Lost. ' ■ ". - ..... ... ...
The special order for th. hour was pestpened for
one week. . c
TOE THIRD RRADINO 01' BILLS.
Assembly Bill No. -Passed on file.
As-.ni l It Bill No. 23— Passed on file. -
Assembly Bill No. 26— Perm ssion given to have
the bill withdrawn.
Assembly Bill No. 83— An Act in relation to cer
tain deputies and assistants uf County Clerks. - - '
Passed by a vote if 72 ayes to 1 no, '- .
Assembly Bill No. 80— An Act to repeal Section
1222 if the Code of Civil Procedure, relating to
jud.ment* and orders in cases of contempt.
Read a third time and passed unanimously.
. Asscinl.lv Bill No. 32— Au Act to amend Sections
737, 740, 749 and 753 of an Act entitled an Act to
establish a Penal Code, approved February 14, 1872,
relating to impeachments. .
Assembly Bill No. 33— An Act to amend Sections
1475 and 1504 of an Art entitled an Art to establish a
Penal Code, approved February 14, 1872. relating to
the writ of habeas corpus. Passed unanimously.
Assembly Bill No. 34— An Act to amend an Act
to define the Senatorial and Assembly Disricts of the
State, and to apportion the representation thereof,
approved Jlarch 10, 1874. Passed unanimously.
Assembly Joint Resolution No. 2- Relative to the
protection ol the commercial interests of the Pacific
coast. The resolution was introduced by Mr. Leach,
and is as follows : '■.:.■
Whereas, owing to the great extent of the Pacific
coast, the distance from the seat of government, and
great exposure of our commerce in ease of war, and
the inability of the Government, at thy present time,
in such emergency to supply us with proper protec
tion, ..'i account of an insult., in the number of
its war vessels ; and as the great, important harbors
of the Atlantic coast are amply provided iih iron
clads and floating batteries ; therefore, be it
Resolved by the Assembly, toe Senate concurring.
That our Senators and Congressmen arc hereby
requested to use their utmost endeavors to obtain
an appropriation by Congress for the completion of
the United States ironclad Jlonadnock, now in
course of construction at Vailejo.
Resolved, That the Governor be requested to
transmit a copy of these resolutions to each of our
Senators and Congressmen.
Passed by a vote of 64 to 17. .
Assembly Bill No. 45 — An Act to amend Sections
3415, -mill, 34. 5, 3300 and 3548, of ati Act entitled
an Act to establish a Political Code, approved March
l'J, 1.72, relating to public lands of this State.
Mr. MmreU moved to refer the- bill tothe
Committee on Public Lands. Lost.
Mr. Yoi'xoer moved to am. ml st) that no man
can hold more than lUO acre*. Lost. ...
Bill passed unanimously.
Assembly Bill No. B—An8 — An Act in relation to coun
selors at law.
Mr. Walker moved to recommit to the Judiciary
Committee with instructions to provide an amend
ment so that any attorney admitted to practice in
the District Court shall be entitled to practice in
the Superior Court of the county.
Mr. Tyler raised the point of order that it was
not competent or parliamentary to amend a bill in
Mr. Yoino thought the order for a third reading
should be discharged, and get at it in that way.
Mr. I.rakxhakt— l desire to read from Cushing-i —
Mr. Tyler— l object to the gentleman constituting
himself the school-master of this Assembly.
Mr. Cavfko:-. 1 raise the point, of onler that a
motion to refer is not debatable.
The Speaker— is a motion to recommit.
Mr. TYi.i.i.-l raise the point of order that there
is nothing before the House. •-'-
Mr. Vol so— I move that we discharge the order
passim.- the bill to a third reading.
Mr. Tylkr— l submit that this is a most unusual
proceeding — -
Mr May— 1 rise to a point of order
The srEAKER motion to recommit opens the
whole question for debate.
Mr. Fox— 1 make the point that this motion is
entirely out of order. The whole question has been
once passed upon, and this House voted to strike
out the very words which are now sought to be in
The Spkakkr — The point is well taken. After the
House has once voted upon a subject it cannot re
verse its own decision without a motion to recon
sider. . . . .
Mr. Bratmiart— l appeal from the decision of the
The decision of the Chair was sustained.
Mr. «t--iii art moved that the House resolve it
self into Committee of the Whole to consider the
Mr. Yoi'nu — I raise the point of order that there
are two motions already pending.
The Speaker The question is upon the adoption
of the section. Adopted. - , ,- -
The bill was then (wished — ayes 65. noes 9.
Mr. Brooks gave . notice of a motion to add two
members to the Committee on Water Bights.
A message was received from the .Senate announc
ing the -las-age of Senate Hill No. 56.
Assembly Bill No. 22— An Act to provide for the
receipt and appropriation of donations to the state
or counties therein.
Mr. MayHkll— l move to strike out all after the
enacting clause and insert Assembly Kill No. 07, in
troduced by myself.
- Ruled out of order—
Mr. M i-TTICMi I move to recommit the bill back
to the commit to*., with instructions to strike nut
ami Insert my bill. The gentleman from Alameda
is taking an unfair advantage of me.
wooes Tlll'-DER a it.
Mr. TY*.„*t--Mr. Speaker, the gentleman who sits
j upon my right got up here ..ml took upun himself
to say upon the floor of this house that 1 bad taken
an unfair advantage of him. Now the facts
are these : I em sitting by a gentleman
who belongs to the same political -arty as
the other gentleman, una he saw tho bill which 1
drafted, and at that time the rules required o i«
day's notice. I drafted a bill which bad no refer
ence to the sand lots whatever.
Mr. McC.vt.Lio-.-— I make the point of order that
the sand lots are not on trial here.
The Speaker The point is well taken ; the sand
lots are not on trial. [Laughter ]
Mr. Tyler— l drafted a hill which you will find
upon the statute books of nearly every Slate in the
Union, and upon the statute books ol England, pro
viding simply that in case donations are made by in
diviuu Is to the Mate, counties >r cities, the Ti eas
urer has a right to receive the same, and provides
for their disposition. It had no reference to the late
political party who, if rumor says true— at hast cer
tain of them— have promised to psy certain funds
or portions of their salary back into the treasury.
I don't aire whether they ever do or not. But if I
should ret rich, and should want to make a present
to the city of San FVantiseo, I want the Treasurer to
be able to receive the money. That is the intent of
the bill. But the gentleman on my left, with his
great knowledge of parliamentary law, came to
the conclusion, when he , got .to see - the bill,
that it did have reference' to that matter, •*>
he drew up a notice and took it over to Mr. Maybell
who gave the notice, and when I offered to introduce
this hill he got up and objected. That is the fact.
Teat hill lias been amended ; it is irenera! in its na
ture ; it applies to do one in particular. It is a
statute we ought to have had thirty years ego. I
don't know wnether it is pioper— it.it was parlia
mentary I would say that I read somewhere that one
of these otlieers who was .beted on the pledge to
pair hark this money, said that that clause in tho
platform was put in to catch votes, a sort of molasses
to catch th---. Well, if there is any man in that
party who h s secured his election by any such con
t-mptible trick as tha*. lie deserves a place in the
penitentiary, rather tha to be honored by any office
by the people. They may put themselves on record
if they want to. This wis not intended for you,
but as you have nude It apply, why take it.
* Mr. Mayhem. — Mr. Speaker, the jrent email frcm
Alameda intimates that this bill. No. 17, has some
reference to the Workingmcn's party. 1 deny the
allegation am! defy the alligator. [Laughter.. This
bill does not refer to that celebrated spec called our
Dative ■'oil the sand lots. [Laughter. I It dues not
refer to any party of any c-'inplev. on whatever. llt
dots not refer to the sand lots nor to the gentle
man from Alameda. It says that any person shall
have the light to donate money to the city or c.unty
or town, and that the Treasurer shall dispose of the ,
1 same, etc. Now Ido not see any re.erei.ee to any
party. I think it is a n0. ..1 law. lima _o.nl subsli
tu c for the gentleman's bill. I think his conception
of the subject docs not cover the ground ; therefore
I offer this us a substitute. . I happened to be late
one afternoon, and while I wan absent the gentle
man brought in his bill, ami, in vuluar parlance, be
got the best of me. I want this house to do me the
Justice not to see me taken advantage of on thi.
Hist. Do not, because, of . my accidental absence,
allow some one else to conic in and take the wind
out of my sails. That i- wbut he intends, to take
the wind out of our sails, to Steel the great thunder
of the sand lots. ' Ido not propose tbat bur thunder
shall be Stolen.
Mr. Tyler Did not Mr. Braunhart draw up that
notice and hand it to you ?.. . 1 1
Mr. Maybkll— No, sir.
Mr. Tylkr— it resolves itself into', question
of veracity between you and Mr. I'.raunl.art. Did I
not offer to introduce that bill, and did not Mr.
Bran art object to its b_in_f introduced? i
Mr. Maybell — Not that 1 am a wit., of.
The HP-UK-.* -The Clerk informs me that th's
the third reading of the bill, and consequently it is
open to amendment.
Mr. May— l raise the point of order~thnt a bill
cannot be amended on its third reading. ■--." "."._~ J
Mr. FIKLAYSOX — 1 raise the point of order that no
bill can be amended by incorporating into it an
other bill before the House, i - .,.;'
■ The .-PEAKKR—Thepoint is well taken. '
Mr. Bra-Mlart Then I move Wf . have this bill
recommitted, with instructions to insert. Now, sir,
I cannot refrain from quoting the beautiful language
of the poet, " Let dogs delight to lark and bite, for
(5 d has made them so." I admit for the satisfac
tion of tbe gentleman from Alameda that 1 did read
his bill. It was shown me in an exulting spirit, with
a sardonic smile on his Countenance which said,
" Why ou sand .hitters cannot object to this bill."
There has been a di position upon the pert nt some
ot the gentlemen representing the people of the
Sute of California to treat ■* *»' anything but
fairness. We are of necessity compelled to f-Sf»t
them with their own weapons. Why, tbt question
is generally aslud, when a. bill fa introduced by a
member of the Workingmen-* parly, Can anything
good come out of Na-urctrt J In my absence the
special order for to day was postponed, -••■■ why?
Because, in the language of the gentleman Iron
HOB FrancJseo, the thunder of the mod l-ts was
Bought to be' stolen.'*- ' "■'',"_•
Mr. Tyler— lca'.Ohe'gen(ltin_n to order; he is
not speaking to the bill.
Mr. Braoxiiar-n-I feel jn»:i«e>l i': alluding to this
matter because my, motives have been impugned.
If I cannot ' speak ' of it 1 win rise to « question of
privilege. S ,*t •-.*.'■ nd ii ■•« to .'■< » :.'■' ,: '
The _.i'EARJ.R- Wait I ntll the Chair . a .- you to
order. * ' •— ' - * ' •''* * ' '; " !' . _
.. Mr. BrA-.mi iv, s'r, why. was this special
order defe red in my ab.cm.-e '.' Co tako advantage,
and for no other pur. -ose. : 1 he Jiiciciatv Committee,
has almo*t unanimously voted against the rtij.i-1
of the Ait, a-id'at the same time fIM-re a a bill
offered by the gniit,lema>i froai- Alameda _l.i_l. will
repeal that Act; and, that is certainly* sU-ling
the thuider of the mud lot. !_ I believe that it is
proper t tat t. is bill, wlacli affects members if. the
Workin-rmen'apaoy. sjiould i*. introduc-id by mem
bers of that. '•"*- •■ . i •'- * •* •'-".— •--.—•-"'-.- **—
■■'• i . '
ICOMI*iI-|9 OH LA_- FAQS.]