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Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, January 22, 1880, Image 1

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_ti.IT SV° SERIF* -Vol.. XLIT-XO. 74*7.
HAIL. RECORD 3 .HIE. -VOL. XVI-.-O. -179.
Entered at the Post Office at Sacramento as second class matter
Sacramento Publishing Company.'
~H. 11. MILLS, General Manager.
l*-t.-l cation Office, Third St., bet. J and K.
THE DAILT nr.couD-rviox
Il published every <t-r ot the week. Sundays excepted. '
Vor one real ; 910 CX
For «li month.. 5 0C
For three months „, J 00
' Tea coplee one tear, to one address 80 00
Subscribers aerr ed b» Carrier* at Twin- rr-Frvi
Okkts per week. In all Interior cities and towns the
paper can be had of the principal Periodical Dealer*,
Newsmen and Agents.
Advert! Rates In Daily Record-Tnion.
One Square. 1 time |1 00
One Square, I timet. 1 75
One Square. 3 time*. , • • 3 56
Each additional lluta. U.
-_•'_' 1 Week. 1 Weeks, 1 Month
Half Bq-are, Ist pace.. ....$- 50 1.50 $5 on
Half Square, -d pa*. 3 SO (00 8 00
Half 4 uai~, 3d page 398 «50 60C
Half Mfjuara, 4th page 1 00 8 00 4 00
One Square, Ist pace. SCO 8 00 TOO
One Square, 3d page 5 00 TOO 10 00
One Bq— are, 3d pa** 400 (00 800
One Square. 4th pari 3 00 4 00 6 00
Star Notice., to follow reading matter, twenty-five
cent., a line for eaah Insert
Advertisement* of Situation* Wanted. House- to let.
Society Meetings, etc., of rtvE LIKES OR Lass, will be
Inserted in the Dailt Kecord- Un Jon as 'ollows :
One time. ........,,,......,....,,,„,,.,. 25 cent.
Three) times 60 cents
One week 75ceuu
Sevan words to constitute a line, j
[Published In semi-weekl* parts.
Is Is-ued on 'Wednesday and Saturday of each we_*r.
eompiiilng Einht Pages in each issue, orSlxtuen Pages
each we k. and Is the cheapest and most ilesir.,tile
Hume, News and literary Journal published on the
Pacili . Ml
Terms. One Tear t_ 00
Semi-Weekly I lon Advertising Rates.
Half Square, 1 time $100
Each additional time -, 50
Oue Square, 1 time. '_.* 2 00
Bach additional time 1 CO
Advertisements of five lines In this department are
Inserted tor 25 cents for one time ; three times for 50
cents or 75 cents per week.
TAKEN UP DECEMBER 88, 1879, BY_*-«
the undersigned, at Weber Creek TijaTX
Bridge, Coloma 1: nd, one small RAY/T.Ja.
HORSE, shod on all four feet, star on the iuretieail,
small white spot on the 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 16, IS3O. WM. E. GAYLORD.
'■' ' ■■ jalT-
from Kentucky to California in ISO. Those having
knowledge of mm will confer a favor by writing to
SAMUEL GRAY, at Bardstown, Nelson county,
Kentucky. Postofflce Boa 4. j*M-Bw*
Trinity county, Cal. He was last heard from
in Sacramento, during the last state Fair, in Sep-
tember last, since which time he suddenly dis-
appeared und has not been heard from since, and it
is feared that he bus met with some foul play. Any
person knowing of his whereabouts, or anything
concerning him, will confer a lasting favor by com-
municating with his sister, MISS E. P. PURCELL,
at Virginia City, Nevada, and will relieve her of the
most painful suspense as to what has become of
him. Ja_o-lw*>
' X> until FEBRUARY Ist, for SUPPLYING
PAPER of the sizes used in the publication of the
Record-Union* and Weekly Union, for one year.
The quantity needed and other specifications will
be furnished upon application. Samples must ac-
company bids, and guarantees given that all paper
will be equal to tho samples submitted. Address
W. H. MILLS, General Manager Record-Union.
jail tl
Advertisements of five lines in this department are
lour rteil for 25 cents for one time ; three times for 50
cents or 75 cent, per week.
I Also, two Bedrooms, at No. nil Third street,
between Kami L, east side. ja2o-lw-"
Cl '%i\' T0 *'."-- - A NORTHERN
O.L*\Pvf*\/ county Newspaper for sale cheap,
at a bargain. Good location. Good reas-ns for
selling. Address "Q. '/.. X ."this office. jal7-tf
i taining 20 rooms, well furnished. Terms ij-y-'l
easy. Apply to SPINKS i ACOCK, No. 402 __L__,
J street. * jaUi-lty
quiet, home-like rooms, neatly furnished. To
rent by the day, week or month, at prices that
cannot fail to give satisfaction. Northwest corner
Third and J. Entrances on -' street, and on Third,
between J and I streets. Mils. TENjEYCK. jalo-tf
* brick building corner of Fourth and I. streets,
five stories high, including basement, suitable for a
first class hotel ; will be rented on favorable terms
to a food tenant.
-L- ',
160 feet deep. No. 58 J street, between Secoud
and Third streets. Inquire of E. P. FIGG,
jalO-'Jiv Corner Fourth and L street.-.
J,yl sums to suit, lji.-.--.il P. P.'iIII..
I nice Lady's Parlor, 11 Single an.l 11 f\[
I'm!'.- Rooms. Cm accommodate about IO.SJU,
people. The dining room is well lighted and venti-
lated ; will seat CO persons. A nice large Kitchen,
with all the lutes', improvements. A large Bar-
room and Office, all well arranged to suit the bus..
ness. All tho Furniture in room, and everything
pertaining to this Hotel is ail new. having • toy be in
opened four months, and is now doing a good busi-
ness. All the above and a five years' lease of
premise! is for sale at a reasonable price. Death of
the wife of the landlord is the reason for this sale.
For further particulars, inquire at premises, Noe,
30-, 810 and 312 J street, Sacramento, c.d. ja-l-tf
of a Hardware, Tinware and -^*-"-*
Agricultural impltment Store, in the -— JWWL—
town of Chico, is offered for sale at a__-'4_£a_*-S
bargain to close the business. To a responsible
party a good opportunity is offered to obtain con-
trol of an old established business at a very low
figure. Capita] required, $4,000 or $5,000.
Address W. .1. BLACKWELL, Chico ; or
M. C. HAWLEY & CO., Sacramento, or San Fran-
cisco. <M * j_s Iplm
■ J* eon), successor to T. B. Reid, No. ;U7eSlfi!!?
.street, between Tnird and Fourth. Artificial Teeth
inserted on all bases. Improved Liquid Nitrous
Oxide Gas, for the Painless Extraction of Teeth.
B. H. liUEnia, ..-;.
1 Seventh and J streets, in Rryte's newtj**____
ding, up stairs. Teeth extracted without pain
by use of 'improved liquid Nitrous Oxide Gas
--/•-*-■ d:6-loltn
n. ii. I>IER-o.\.
m Fourth and Fifth, Sacramento. Arti-QjESi
al Teeth inserted on Gold, Vulcanite and all basee.
Nitrous Oxide or Laughing Gas administered for the
painless extraction of Teeth. dlt-lm
*__•-/ f| P E Jf X T If
*?_iiil I '1 PEXBYN. CAE.
fW**ii. TUmi^l _ lanrest quarries on the
- — L;! ~a*TT*^-*J -*-n fl r Coast. Polished Grani
Monuments. Tomb 'tones and Tablets made to orde*-
4-ranlt** Building Mom-
Cut, dressed and po'ished to order. jyll-lp6*n
_E»S,A-TgC3?_-S !
80. 318 J Street Sacrament*.
New Warerooms- No. 31 Post street,
Mechanics' Institute building.. San Frascuk-d
Pianos sold on installments, if desired, and to:
rent. Old instruments taken in exchange for new.
Order, fortuninar _aj_fnllv attended to. d-O-laibe
. I UNION for San Francisco, both for circulation
md advertisements,' is in the office of Theodore
Glancey, No. iCS _*-_itco-n_ry •treat, Rooms 8
and 10. "..; -..'/'.".'. t • -V ", . '_-lPt
Its Different Departments,
From the Annual Business Review of the " SACRAMENTO
RECORD-UNION," published in their issue of
January 1, 1880.
A few Practical Considerations worthy careful perusal and thought,
There is scarce a man, woman or child of intelligence in California but has heard of the
MECHANICS' STORE, Sacramento (WEINSTOCK & LUBIM, proprietors), X and
Fourth streets.
Its hi-tory is phenomenal, but not more so than its methods of business.
Its growth has no parallel in the commercial annals of the State,
But this growth has been the legitimate result of the strict application of business
principles all men should understand and practice.
The trade of the house is both wholesale and retail, and is conducted exclusively and
unwaveringly upon a CASH BASIS.
More than this, " ONE TRICE" is the uniform rule with rich and poor, high and
low, friend or — a rule as unalterable a3 the laws of the Medes and Persians.
The firm is a direct importer, and recently has so perfected its system that with greater
truth than ever it may be said it has almost entirely done away with middlemen, and brought
manufacturer and buyer face to face at the counter in Sacramento.
Whoever buys at the Mechanics' Store does so on a level with all other buyers and
under the assurance that neither favor, affection, patronage or friendship gives one an ad-
vantage over the other, and under the guarantee that at this establishment all men are treated
alike as purchasers.
A child can comprehend the justice, independence and fairness of this system.
But in matter of judgment favor is shown, not to oae, or a class, but to all. How ?
By placing all buyers upon an exact level, as all goods are plainly marked and unde-
viatingly rated, the poorly-posted or ill-judging customer stands exactly in the same relation
at the counter of the MECHANICS' STORE as does the most skilled expert. Whatever
either buys he get therefor his moneys worth, for he pays no more in any case than the fairly
and lowest possible rated value of the article.
It is a manufacturing firm, and makes up Men's and Boys' Underwear, in all lines ;
Boys' Suits ; Ladies', Children's and Misses' Cloaks ; Clothing for the Shop, the Laborer,
etc., working up cotton, linen, woolen and mixed roods in large quantities.
Its Factory Machines are operated with an engine, and is upon one of the lower floors of
the house. In this Department twenty-four operatives find constant employment, with a
Forewoman, Cutter, two Special Workers and two Boys.
The MECHANICS' STORE embraces twelve distinct Departments, which are noticed
separately in this review in the proper sections : First, Dry Goods ; 2, Fancy Goods ; 'A, Men's
Furnishing Goods ; 4, Men's Clothing ; 5, Boy's Clothing ; 6, Yankee Notions ; 7, Hats and
Caps ; 8, Millinery ; 9, Boots and Shoes ; 10, Wholesale Department ; 11, Country Order
Department ; Vi, Manufacturing Department,
The WHOLESALE DEPARTMENT is distinct from all- others of the store, em-
braces all lines kept in any of the Departments, and is conducted upon the principles hereto-
fore set out. The package rates are the same to all wholesale buyers, and respond only to
CASH. The capacity of the Department is equal to any demand the trade of the coast can
make. Orders are rilled with greatest dispatch, and as faithfully when sent in as if the
buyer were present in person.
The COUNTRY ORDER DEPARTMENT is a phenomenal one. It represents a
vast business. Between one and two hundred orders are filled daily, and the goods dispatched
mainly by mail. The selectors act for the customer, using the same judgment as if buying
for themselves, and being responsible to the proprietors for the slightest deviation from the
exercise of the fairest and best judgment in behalf of the intending buyer.
At this establishment the Department of DRY GOODS occupies a spacious, admirably-
arranged and popularly-located store-room at the corner of Fourth and X streets, which is
stocked from Boor to ceiling, and along the balcony running along one wall, with every
variety of DRY GOODS, including Calicoes, Dress Goods. White Good'?, Waterproofs,
Linings, Felt Skirts, Shawls, Curtains, Domestics, Shirtings, Muslins, Silk, Cotton, Woolen
and Mixed Goods of all grades, Blankets, Linens, Cloaks, House Linen, Ribbons, Toilet
Supplies, Threads, Buttons, Dress Trimmings, etc. The Country Order Department sup-
plies any Goods of this Department in any quantity. The most distant purchaser is
afforded equal advantages with the one at the counter.
The Second Department is the FANCY GOODS DEPARTMENT comprises Hosiery,
Gloves and Ladies' 11 m iiveir, Corsets, Laces. Ribbons, Notions, Embroideries, Articles of
Personal Adornment, Edging, Combs, Ties, Jewelry, Collars, Cuffs, etc. Orders are filled
from abroad for single articles or by the package.
GI. €> ■-__■ EC _C BE" €31-!
___-33__3_tS,JE^____E:______> TO J-V_C_E_3KT.
The Third Department contains MEN'S FURNISHING GOODS, including Hoisery,
Handkerchiefs, Jewelry, Neckties, Collars, Cuffs, Gloves and Handwear of all descrip-
tions ; -11 classes of Shirts, Umbrellas, Bags, Trunks, Valises, etc.
The Fourth Department is the Men's Clothing Department, and includes all kinds of
Cotton, Woolen, Silk Mixed and Rubber Clothing, and every possible garment worn by
men, and kept even with the best styles. Any of these goods are forwarded to any section
in large or small quantities, or by the single article. The absent buyer is treated in exactly
the same spirit of fairness as if he or she stood at the counter.
■' Parents in California and throughout the land alike are interested in the purchase of
Children's Clothing— especially in Boys' Garments. It is demonstrated that this class of
Clothing can be purchased cheaper (and of as good stock and make) than if ordered made
at home. At no place is there a more complete assortment of Boys' aud Youths' Ready-
made Clothing to be found than at the MECHANICS' STORE. The stock is constantly
freshened, and the styles of the day in these garments kept pace with. Any of the goods
are forwarded to order, by mail or otherwise, as desired.
"S"__a_,__!a"_^_E_i___3 :»jo^--Co:e*-_"_s !
"YANKEE NOTIONS'' is a very comprehensive term. In order, however, to
comprehend what Yankee Notions means, a visit should be made to that Department of the
MECHANICS' STORE. The Department includes all kinds of Yankee Notions known
to this trade, such as Soaps, Stationery, Pocket Goods, Novel Personal Utensils, Brushes,
Combs, Pocket Cases ; a full line of Pocket and other Cutlery, Perfumery, Portemonnaies,
Purses, and a variety of like goods far too numerous to be classified now. These and all
other goods of the store are forwarded per order to any section in any large or small quantities.
The Seventh Department of the MECHANICS' STORE is the branch of the estab-
lishment devoted to the Hat Trade. It embraces full lines of Men's, Youths', Boys' and
Children's Hats and Caps, including all the newest styles as soon as put upon the market,
and in endless variety. Any article or package of articles forwarded in response to order,
and selection is made with as much exactness and care in judgment as if the purchaser stood
beside the salesman.
To Ladies of Sacramento, and to all those ot the interior of California and adjacent
sections, the Eighth Department of the Mechanics' Store addresses itself. The Department
is an important feature of the business. It is stocked with all goods usually found under that
head. Employing fashionable milliners and competent assistants, the goods and work are
sent out in the best styles. The lines in Hats, Bonnets, Velvets, Ribbons. Feathers and
Artificial Flowers are complete, and one or many orders are tilled with equal dispatch.
Of the Twelve Departments of the establishment, one' is devoted exclusively to Boots
and Shoes. It includes very full lines of Men's, Youths' and Boys' Boots and Shoes, Infants'
Misses' and Ladies' Shoes, Slippers, Ties, etc, and full lines of Rubber Foot Wear. There
is no fashionable, serviceable and novel article in this line which the departmeat cannot
supply. Country orders receive as much attention as if the br\yer were present. I
The above review speaks for itself, and needs no comment on onr part. We will content
ourselves by simply saying that although in the past we have worked hard for the benefit of
patrons and the public, yet for the future we intend to work still harder, and give to all the
full benefit of our efforts. To those living in the interior we cheerfully gend a Price List
and samples free on application.
-',■•■'. ■ t ■ - -
' . *
Weinstock & Lubin,
Xos. 100, 402, 404, 408 and 408 st, Sacramento, Cal.
.■-:■-• - - .
I ASH IS tiiat earnest AMI solid
stiff TIIAT mill BIV amthix« ox
cod's (.REEX EARTH.
forces OF ax I ERARLE WILL—
coxqierixu ALL things, AXO cox-
STANTLY looking FOR XEW fields
of TRiinrii.
ta Since our advent in business, we have been
amazed at the flattering success of our efforts to
place before the publi
Solid and Substantial -Goods
C ____, 25* ____: _?_-.ZC;_£3SI
And again we quote the annexed list, at figures
. ; that are alive and speaking :
50 Pieces Wash Poplins (l"" : r;tte styles), at 12. c
a yard.
3S Pieces Brocades— Colors, plum brown and garnet,
at 16c a yard.
15 Pieces Canada Greys (wool filling), at 15c a yard.
Another Case of Fancy Novelties, on which we had
such a run, at 19. c a yard.
60 Pieces Silk Mixed English Flaids, at 25c a yard.
8 Pieces 45-inch " —Colors, Navy Blue,
Brown and Grey, at 25c a yard.
IC Dozen Good Goods (hijh neck and long sleeves),
at 50c.
8 Dozen Extra Fine Merino, at 05c.
10 Dozen Superfine Merino, at 75c.
0 Dozen Lamb's Wool, at 90c.
Children's -Merino Underwear, at 26c, 30c, :;"«.■, 40c,
45c, 50c.
4 '
And have just received direct from Hartford, Conn ,
onr first line of
White Shirts !
100 Dozen Fnlannilercil Wliite Shirt*, nt
!).> cental <-iii!i.
It is a well made Shirt, of Heavy Muslin and Fine
Linen Bosom and Cuffs.
90 Dozen Fine Laundered Dress Shirt-'.
at 31 50.
Made of Wamsutta Muslin, and Beautiful Fine Irish
Linen Bosom and Cuffs.
NOTE.— The above SHIRT is really worth $2, and
cannot be purchased at less in any other house in
the city.
Canton Flannel Shirts or Drawers, SOc
Extra nrnvv (All Wool. Twilled) Red
Flannrl Skirts or Drawers, #1 40.
Hen's Merino Shirts at ."tile and <_><*
(Splendid value).
Gents* l.i in Collars at 12.c each.
A full line or ME.V- SOCKS, at all prices.
ta Those living at a distance can be supplied
with the above articles by Express, sent to any
address C O. D.
_*5T Samples sent ou application. Address:
No. 600 J STREET,
Southeast Corner Sixth .Sacramento
POSTOFFICE BOX 88. 01-lptf TuThS
igvijjjjoHra V'J
[Phonogrjphieally Pepcrted for the Record-Usicn
by Willis *_ Stuikton.]
Sacramento, January -21, ISSO.
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 read, and after amendment,
On motion by Mr. Zick, leave of absence was
granted to Mr. Sears.
On a motion of Mr. Dickinson, leave of absence
was granted to Mr. Kane.
Mr. Hittell moved for a suspension of the rules
for the purpose of taking up and disposinc ot Senate
Bill No. 53, in refe ence to the appointment of an
additional Deputy Clerk of the Supreme Court.
Letters from F. XV. Gross and Hon. It. V. Mor
rison, urging the speedy passage of the bill, were
-Mr. Satterwhite objected to the suspension of the
rules, stating that the bill would come up iv regular
order to-morrow.
The Senate refused to suspend the rules.
reports of committees.
Hr Nei.mann, from the Committ.e on Elections,
reported that, in the matter of the contest between
Mr. Conroy, contestant, and Mr. Conger, respond
ent, the contestant bad withdrawn and waived his
contest, and that Mr. Conger is i milled to his seat.
Mr. Cheney, from the Committee on Engross
ment, reported back Senate Bill No. 77 as correctly
engrossed. [This is the bill appropriating 5,000 to
the State Printing Office.]
A message from the Governor was read, transmit
ting the report of the State Board of Examiners,
and, there being but one copy of it, asking that the
Assembly be notified of its receipt.
On motion of Mr. Johnson, the report was ordered
printed, and the Secretary of the Senate instructed
to notify the Assembly of the receipt of the report.
introduction or KILLS.
Bills were' introduced, read first time at length,
and referred as follows :
By Mr. Johnson— Au Act to create and maintain
a Labor Bureau, and a Bureau of Land, Labor,
Capital, Social, Vital and Industrial Statistics. Re
ferred to the Committee on Labor and Capital.
By Mr. Dickinson— An Act for the relief of insol
vent debtors, for the protection of creditors, and for
Cue punishment of fraudulent debtors. Referred
to the Judiciary Committee.
By Mr. I. — An Act to appropriate money out
of the General Fund in the State Treasury to pay*
the clerk of the State Board of Equalization for
services rendered as such clerk. Referred to Com
mittee on Claims.
By Mr. West— An Act to amend an Act entitled
an Act to ptovide for the extermination of squirrels
in certain counties. [Repealing the squirrel law in
Los Angeles county.] Referred to the Committee
on Agriculture.
By Mr. Neumann — An Act for the classification of
cities and towns. [Providing that cities of 100,090
and over shall be cities of the first class; 20,000 to
100,000, of the second class; 5,000 to 20,000, of the
third class; 500 to 5,000, of the fourth class; and
that cities may elect to become a city of the class
named in the bill, by ordinance, approved by pop
ular vote].
Also, an Act for the government of cities of the
fourth class.
Also, an Act. for the government of cities of the
third class. Referred to the Committee on City
and Town Governments.
By Mr. Davis— An Act to amend Sections 1227
and 1233 of an Act entitled an Act to establish a
Cenle of Civil Procedure, approved March 11, 1872,
relating to the voluntary dissolution of corpora
tions. Referred to the Judiciary Committee.
By Mr. — An Act providing for the assess
ment of property and the manner of collecting
taxes, together with income tax. [Providing among
other things for tax on incomes over five thousand
dollars; to be assessed in the. nine manner, at the
same rate, and by the same officers, as assessments
on personal property.]
On motion of Mr. Dickinson*, twice the usual num
ber cf the last hill, and also of Senate Bill No. 101
(Mr Moreland's bill on revenue and taxation), were
ordered printed.
By Mr. Hittell— An Act to repeal Chapters 4 and
5, Title 13, Part 2 of the Code of Civil Procedure,
and each and every section of said Chapters 4 and
5, relating to appeals in civil actions.
Also, an Act to amend Sections 043, ins and 959
of the Code of Civil Procedure, relating to appeals
in civil actions.
Also, an Act to amend Chapters 2 and 3, Title 13,
Part _„ of the Code of Civil Procedure, and each
and every section of said Chapters 2 and 3, and to
substitute new Chapters 2 and 3, to take toe place
thereof in said Code, relating to appeals iv civil
actions. Referred to Judiciary Committee.
Senate Bill No.o3— An Act to provide for the speedy
completion of the State Prison at Folsom— read a sec
ond time.
On motion of Mr. Johnson this bill was made the
special order for Wednesday, January 2_th, at 1:30
Sen Bill No. 19— An Act relating to the foreclo
sure of mortgages— was read a second time.
Mr. Ryan* offered an amendment, that attorneys'
foes should not be allowed as costs in a foreclosure
suit. Adopted.
An Act to amend Section 751 of the Political Code,
rotative.' to deputy clerks of the Supreme Curt, was
lead a second time. .
A message was received from the Assembly that
they had passed Assembly Bill No. 29, entitled an Act
to continue in force school teachers' certificates,
State cilucntional diplomas and life diplomas.
Mr. Hit.!..., asked a suspension of the rules, that
Sen ite Bill .No. 5-. providing for an additional deputy
clerk of the Supreme Court, may he read a third
Objection was made that the bill on y. sterday was
reported back with an amendment, which has not
yet been acted upon.
The President ruled that the second reading of
the hill was informal. Thereupon a vote was taken
i on the amendment^ which appropriates |75u for the
salary of such deputy for five months. The amend
ment'was adopted, and the bill was then read for
the second time and passed to engrossment.
' Recess until 1:30 o'clock I*. K.
The Penate reassembled at 1:30 p. M., President
Mansfield in the chair.
. Roil called an! a quorum present. .
By Mr. Havis— the President of the Senate
be authorized to appoint a Day Watchman and two
Porters for the committee-rooms. Adopted.
Also, that the Committee on Education appoint a
Clerk. Referred to the Committee on Contingent
By Mr. Johnson— That 100 extra copies be printed
' of senate Bills Xos. 1, 2, 3, 4, li, 26, 20, 11 and 42,
and 200 copies of No. 7. Adopted.
By Mr. Dickinson*— the Committees on
Claims, Commerce -nd Navigation and Military Af
fairs appoint one Clerk to do the work of all three
Amended by striking out Committee on Claim*?,
and adopted.
On motion of Mr. Biiowx. leave of absence was
granted to Messrs. Traylor and Johnson.
Mr. Baker gave notic. of intention, to move an
amendment to ***ule 1 of the Senate, providing that
the Senate take its daily recess from 12 until 1:30
P. m.
By- Mr. Wendell— That the Minute Clerk appoint
an assistant. Referred to Committee on Contingent
Mr. -ATTF.RwiiiTE gave notice of intention to move
an amendment to Rule 6 of the Senate.
I*v Mr. Exos— A concurrent res -lotion relative t_>
railroad companies and land patents.
Mr. Baker moved a reference of the resolution to
the Committee on Corporations* After some discus
sion it was referred to the Committee on Federal
By Mr. Chase— A joint resolution that our Sena
tors and Represent .lives in Congress be requested
to use their influence to secure the passage of such
laws as wil prohibit the importation of distilled and
alcoholic liquors, and also for the prohibition of dis
tilleries, except for mechanical, chemical ami medi
cinal purposes, within the Jurisdiction ol tho United
States. erred to Committee on Public Morals.
By Mr. Gorman— That a joint committee of three
members of the Senate and Assembly respectively be
appointed to memorialize the President of the United
States and Congress to modify the Burlingame
treaty so as to prohibit the further immigration of
Chinese to this country. Referred to the Commit
tee on Chinese and Chinese Immigration.
At 2:15 the Senate adjourned, on motion of Mr
Sacuamexto, January 21, laso.
The Assembly met pursuant to adjournment
at 11 A. M., Speaker Cowdcry in the chair. Roll
called and quorum present. ,
Prayer by the Chaplain.
Reading of the journal dispensed with and the
same corrected and approved.
The Secretary of the Senate presented the report
of the State Board of Examiner*?. Also, that the
Senate had passed Senate Bill No. ST.
Mr. Tiler moved to take up Senate Bid No. S3
and have it read a second time. This is the Senate
test bill. I* was so read, the title and a few words
of the bill read, which the Chair announced as the
second reading.
.Mr. *i otxo asked that the record be that the bill
is read by title. ( . ' .
The Speaker said the record was already made
The Swot wanted the House to decide whether
it should be printed for the use of the House.
Mr. Hardy thought one printing sufficient.
Mr. Fox said the matter was not open to ques
tion. It had been printed once.
The bllUVas not ordered printed.
(Mr. Tylfcr in the chair.)
Mr. Gunas, of Red Bluff, presented a petition
relative to school matters.
Mr. Brows of Yuba presented a report from the
Committ, on Corporations, reporting back As
sembly Bill No. K», recommending that it do not
pass. - - -
Also, Assembly Bill No. 43, recommending that it
be passed.
Also. Assembly Bill No. 44, recommending that it
be passe*- as amended.
Also, Assembly Bill No. 103, recommending it to
be referred to Committee on Labor and Capital.
Mr. SiiEßßi-R-t presented a report from the Com
milee on Engrossment.
■ Mr. Yocxo, from the Committee on Rules, referred
back the resolution to take up the order of busi
ness on one day where it was left .ft the day pre
vious, recommending passage.
Mr. Mat opposed the resolution. When the file is
crowded it will shut out all other business for weeks
at a time. There are iitt'e matters that are very
important and must be transacted. The Assembly
would regret it befor. a month.
Sir. Young said he believed the resolution ought
to pass. | It is important that the greater and more
wu »hty matters should be attended to That is what
the members were sent here for. Too moofa time is
lost with email matters. Important legi.la-.ios m_y
be defeated by delay. The House has done very
little of real importance, because so much time is
consumed tnd frittered away in useless discission
of unimportant matters. The people will not justify
any such a course of action, and it is not to the best
interest of the State.
Mr. Braisuart ho-icd the resolution would be
adopted. He saw no reason why a matter should be
cut off by a motion to adjourn and thrown into un
finished business.
Mr. Cook was in favor of any resolution that
would expedite business. There is but a short time
in which to do the business, and be hoped the reso
lution would be adopted. He protested against so
many speeches on unimportant matters to take up
the time-
Mr. Fox said he had not met with the Committee
on Rules, but bis observation had led him to be
lieve that this would be a very disastrous move.
Day after day the House will be confined to the one
order of business. He would be in favor of bring
ing the file on at an earlier hour of the day.
Mr. Car.; of Yuba opposed the resolution. Any
one who wants to introduce bills cannot have a
chance to do so. Tne House will be completely
tied up. It is an unheard-of rule.
Mr. -fcIKTOS-H Opposed the resolution. Those who
have their bills in now will have them considered
before any 0 her bill can be introduced.
Mr. Hardy said it was a new departure, and it
acts upon the assumption that the House will con
tinue to argue frivolous matters. Gr.at injury will
result from the adoption of it.
Mr. MAT said he did not claim to be the embodi
ment of wisdom, but he spoke from experience. We
have in the order of business the concentrated wis
dom of 500 years. It will take a week to clear the
present rile, and the House will be dosed to the re
ports of committees, against messages from the
Governor and the Senate ; no petitions, no reports
of committees, and the House incarcerates itself iv
an iron cell. He hoped the committee that recom
mended it would repent, and vote against it them
Mr. .Mri.noi.LAND moved to lay it on the table.
Mr. Mclntosii moved to indefinitely postpone the
The Chair said if it was postponed it could (not
be brought up am during the session.
Mr. Mri.uoLL._ND withdrew his motion, and the
resolution was indefinitely postponed
Mr. Merry, from the Committee on Claims, re
ported back Assembly Resolution No. 7, recom
mending adoption (mileage for the Prison Commit
tee.) The resolution was adopted.
Mr. Brown, of the Commit tee on Corporations,
withdrew their report OS Assembly Bill No. 109.
Mr. McCarthy presented a report from the San
Francisco delegation, reporting back Assembly Bill
No. 57, recommending its passage.
By Mr. Suras Act to prevent discrimination
by gas companies. [It provides that the price shall
be uniform to all consumers.] Referred to Com
mittee en Corporations.
By Mr. Mayeell — An Act to prevent the employ
ment of prisoners on contracts. [Provides that no
prisoner, either of the Mate, county, or city and
county, shall have his services hired out or let or
contracted to any person, and no prisoner shall la
bor, except direc ly for the State or county, or city
and county, in which he happens to be a prisoner. J
Referred to Committee on Judiciary.
By Mr. Gaki-kv- An Act to compel banks to pub
lish an account of moneys of deceased persons. [Of j
this bill the author says: "This Act wil compel
all persons doing a banking business and having
moneys or other valuables on deposit, belonging to
deceased persons, to publish the same twice a year —
in the months of January and July— for the period
of thirty days ; and if, after the -.eiiod of ten years,
no heir or claimant appears and c stablishes his claim,
all such property so deposited shall escheat to the
State for public school purposes, it is well known
that there are savings banks in this State who have
hundreds of thousands of dollars in their possession
at present, and I believe that if the heirs cannot be
found the money should go to lie State, for educa
tional purposes.**]
By Mr. Cameron— An Act to amend tbe Code bo
as to prevent the unnecessary expense of summons
ing persons to act on juries who are not qualified
by reason of not speaking the English language,
being deaf, etc.
By Mr. Spencer— An Act to appropriate money
for the clerk- of the state Board of Equalization.
By Mr. Cook — An Act in relation to roads and
By Mr. Harris— Act amending Section 1383 of
the Code of Civil Procedure in relation to the est at .a
of deceased persons.
By Mr. Lkvkk — Act amending the Penal Cede.
[Its object is to endeavor to suppress gambling
more effectually than at present, and compel con
stables and police officers to do their duty.]
Mr. Mcl*At'K gave notice that he would, on to-mor
row, move to increase the Committee on Education.
By Mr. Adams resolution giving the Commit
tees on Forestry, Homesteads and Land Monopoly a
eleik jointly. Referred to Committee on Attaches.
Mr. HORRY presented a report from the Committee
on Claims, recommending the passage of the reso
lution to pay for the expenses of inauguration.
The resolution was adopted.
A number of bills were read a second time,
amended and ordered printed.
By Mr. Mouse— Whereas, a large amount of mail
matter is constantly being transmitted from the
Postoffice of the Pacific slope to the dead letter
office at Washington, which matter is ii creased in
consequence of the recent order of the Postmaster-
General relative to the mode of addressing letters :
aud whereas, the delay incident to such transmission
is the cause ol serious inconvenience and even pe
cuniary loss to the people of the Pacific coast;
Resolved, by the Assembly, the Senate concur
ring, That our Senators and Representatives in Con
gress be and they are hereby requested to use their
best endeavors to obtain the establishment at San
Francisco ol a dead letter office ; and further, that
the Governor be requested to furnish a copy of this
resolution to each of our Senators and Representa
tives. Adopted by a unanimous vote.
By Mr. Brcbib— Allowing the Committee on State
Ho-pltala leave of absence to visit certain institu
tions. Ad pied.
By Mr. Coleman —A resolution limiting the
amount of stationery allowed t • each committee to
Mr. FoXf— Jlr. Speaker, I believe as much In econ
omy as any other gentleman here, but I do not be
lieve In that kind of economy which will embarrass
the business of this house. Ido not know how it
may turn out with other committees, but it is per
fccily apparent that this limitatation will embarrass :
the Judiciary Committee. Ido not believe that the
people desire that this or any other committee shall ■
furnish stationery at thtir own expense. 'The com- ■
mitt.-, has a large amount of work and will require
a considerable amount of stationery. It would be
an act of injustice to the committee. I think the ;
resolution is unwise and unjust.
Mr. May— Mr. Speaker, I was anticipating just
such a resolution as that, because in the last forty
eight hours a gentian a not known to me person
ally, met me in the corridor, of the Capitol, and
arraigned me for having introduced a resolution
allowing Chairmen of committees to make drafts
for stationery without being limited in amount.
And he assured me that It was a scheme to establish
stationery depots at the expense of the State. That
the practice heretofore had been in this State— not
to put too fine a point upon -for Chairmen of com
mittees to steal stationery— commit peril larceny
upon the State for the purpose of establishing
themselves and their friends in business in the sta
tionery line. Well, I had not the honor of the
gentleman's /Acquaint ince, hut I assured him
that I believed snch had not been the
practice, and that I was not alarmed
about any of the Chairmen stealing stationery* from
the State. I may as well say it here ami now, but
let me whisper it, BO it may not get out— l say it
here, because he dared me to say i: upon this floor —
I confessed to bim, and I confess to this house, that
I, myself, have taken bill paper out of the commit
tee-room and drafted a bill on it, and I am going to
do it again. . I. I want to write a letter in the com*
mi., .-room I will take the State's paper and write
a letter on it, and I will put it in an envelop paid
for by the State, and put a stamp on it paid for by
the State. [Mr. May then proceeded to read a list
of the amounts drawn by committees of the last
session, showing that they hail never been very ex
travagant, and scouting the idea that any honorable
man would lend himself -■• such petit larceny.)
Mr. Hardy did not think the resolution out of
place. He thought $25 sufficient for any committee.
Mr. Coleman— Gentlemen have stated to me
gentlemen who are Chairmen of committees that
they would not take any stationery, but would take
their contingent allowance out in stamps. Now, 1
do not believe it is just for some members to draw
their stationery from committees while the rest
have to pay for* theirs. Ido not think there is any
thing Just En that. Ther.. ought to be some limit
placed upon the committees.
The resolution was lost.
Mr. Car- moved to take from the table the reso
lution in relation to the mileage of members. The
resolution reads as follows :
Resolved, That it is the sense of this House that
the Controller bo not authorized to draw mileage
warrants at the rate of fifteen cents per mile.
The Speaker-- The resolution is out of order, be
cause the whole matter has bet indefinitely post
Mr. LUGS appealed from the decision of the Chair,
and on a call of the roll the decision of the Chair
wa* overruled, by a vote of 33 ayes to 41 noes.
The Sneaker stated that the motion on the adop
tion of the resolution was in order.
Mr. Leach moved that the word " irregular " be
stricken out by unanimous consent.
Mr. Tvl-jk objected to striking out the word " ir
retruiar," f tath ,-i that the House could not reverse
its dWUM which was given while he was in the
Chair. He thought it was not fair, and hoped that
the word would be allowed to stand.
Hr. Leach explained that when he appealed from
the decision he understood that the ruling of the
-[maker w.i, that the resolution was cut of order.
Mr. Hardt stated that he would vote for the re
tention of the woid *' irregular,*' as he believed that
the iHOfOI.H.JI,- were somewhat irregular at that
Mr. PrE-fCER hoped that the motion to strike out
would prevail.
Mr. Leach withdrew hi* motion.
Mr. May arose to a point of order, and held that
the House could not do indirectly hat it had failed
to do directly. ' ' '
The Chair ruled that this resolution did not vote
or take «way any mile-ire.
Mr. Cameron* arose to a point of order. When
I ."ft - the Assembly the question was taken
"whether the Speaker shall be curtained in his de
cision." The question was put and lost. The Speaker
then decht cii th_.t the motion wan taken from the
table. 1 rise to say that it takes a two-third vote to
take a motion from the table, and we have not
taken the motion from the table .
Tar Speaker— The question is upon the adoption
of the resi .lution
Mr. Ttlbs sail that s' me netrspapers who had
never read this law had expressed opfatfi m on this
subject of mileage-, and he objected to the authorit v
of ihe newspaper.. . The law .ol 1-77-3 estab
lished the mileage of the members, and th.t law is
still in force, for the C.iutituti. n is sol ge.f-exee-ct
ing in tin. respect ; that, in his judgment, every
nun simply stultified himself to vote for 'hat reso
-1.1 hi. He said that members hare no right to tote
for fifteen cents mileage, and the lnw remains in
force until the first of July, 15.0. 8 He was nut La
favor of fifteen cents per mile, but was willing to
vote for a tt, l to fix it at five cents per mile and to fix
the per oiem at $8 per day ; and " men whose repu
tations are made by newspapers can be destroyed by
newspapers ;" and if there is anybody who fears to
do right because the newspapers wi.! talk about
him, of course he will vote for the resolution.
Mr. Spencer— " lam going to support that reso
lution. I cannot say that lam much more afiaidof
newspapers than other gentlemen— they have never
injured me." He went on to state what the Senate
had done in the matter.
Mr Tyler ralieu the gentleman to order on the
ground that he had no right to say what the Sen
ate had done.
Mr. Spencer was in favor of this resolution to
prevent the drawing of warrants until a law could
be passed fixing the mileage, as well as the per
diem. He believed in supporting the spirit and let
ter of the Constitution ; that the spirit of the Con
stitution was that members should receive ten cents
Mr. CARS of Sacramento said he understood that
they were entitled to only ten cents a mile under
the Constitution at this session of the Legislature.
He hoped that the resolution would pass.
Mr. Hardy considered t! at they were drawing
a per diem under the Constitution. He differed
from some gentlemen who -ay that it is not com-
en*- foi us to vote on the passage of a bill fixing
our compensation and mileage for this session. The
Constitution provides that we shall by law fix our
mileage and |«r d em, and we cannot enact l.ws ly
adopting the report of any committe. If we wish to
accept ten cents per mile we can do it ; we are not
compelled to do so. I for one will consent to the
acceptance (if ten cents per mile, and will vote for
the adoption of a resolution to that effect.
Mr. Leach— Mr. Speaker, the whole question is a
very simple matter. The difference between ten
and fifteen cents per mile for all the members of this
Assembly would only amount tofll. (13. While the
matter is a very small one in this view of the case,
yet we must consider that it is a question of the in
terpretation of the spirit of the Constitution. I
think the gentleman from Alameda took the right
positiou when he said it must be fixed by law. I hold
that the Committee 00 Mileage had no right to make
a report upon the question of mileage until they
had acted under the direct on of ibis Constitution,
and then they should have fixed the mileage at tt.n
cents, and that was the point upon which
1 am acting. The debate upon the ruling
of the Chair, while there was no intention
of disrespect to the Speaker, demonstrated that the
majority of the members desired a reconsideration
of the vote upon the adoption of the report of the
Committee on Mileage, In the confusion upon that
vote there was some mi-understanding, and the
matter went over in that way. The members of the
Aseembly did not understand it. There was a ma
jority h-re who wanted a reconsideration, and it
looked to them like there hail been an effort at
snap judgment mads. There is not a member on
this floor, in my opinion, that came here expecting
to receive more than ten cents per mile, and when
we come to find out that the statute of 1577 8 allows
a member fifteen cents, but that the Constitution
prohibits them from receiving more than ten cents,
it looks to me like we were rushing in to take ad
vantage of a technicality, in order to get the addi
tional five cents a mile. I hope that the resolution
will pass.
Mr. Cameron— l desire to offer an amendment to
the resolution. Resolved, That the members of the
j Assembly who are conscience-stricken shall have the
| right to pay back to the State treasury five cents
\ per mile, and the State Treasurer is hereby directed
I to receipt for the same.
Ruled out of order.
Mr. Maybell— Mr. Speaker, the whole question is
very simple, it seems to me, and very plain. No one
will deny that the members of the House were
elected under the provisions of the Const tution, and
theiefore that Constitution ought to be the guide to
us in our proceedings. Now, Section 23, Article IV.,
reads: "The members of the Legislature shall re
ceive for their services a per diem and mileage, to
be fixed by law." That is the point. We have fixed
the law regulating the per diem. Why not regulate
the mileage in the same manner bylaw? We can
certainly draw fifteen cents per mile until it is fixed
by law, b- cause that is demanded in the Constitu
tion Itself. Now, I say that, being elected under
the provisions of that instrument, we ought to be
guided by this Constitution, and the Con
stitution itself is very plain ui>on the matter.
"Such per diem shah not exceed 98 per day, and
such mileage shall not exceed ten cents per mile."
Now, having been elected under the provisions of
that instrument, we ought to he guided by it.
Why not se er this Gordian knot of debate at once '!
Why not comply with these provisions, and not only
enact a law regulating the per diem but one regulating
the mileage also '.' Now, with the unanimous con
sent of this House I wish to offer an Act out of its
regular order : "An Act relating to the mileage of
the members of the Legislature." After the enact
ing clause : Section 1. Hereafter the mileage of
members of the Legislature shall be ten cents per
mile. Sec. 2 This Act shall take effect imnudi-
Mr. Mat— object.
Mr. Valle — Sir. Speaker, the question before the
House is not whether the gentlemen of this body
desire to accept ten or fifteen cents j-er mile. The
question h re is, what does the law of the state of
California allow the members of the Legislature to
receive for mileage? 1 stand here on this principle,
that, -is far as I am concerned, I am in favor of put
ting the mileage so as to cover the actual traveling
expenses of the member. I am the most remote
member except one on this floor from the Capital of
the State; but I should be in favor of accepting ac
tual traveling expenses; nothing more, nothing
less Now, sir, 1 believe that the Constitution of
the Stated California, beyond all doubt, defines the
proposition dearly and specifically, and the position
taken by the gentleman from Alameda I believe is
correct. The question was presented to the Com
mittee on tbe Juoidary foraleg\l determination,
: and in the committee we agreed that under the law
of the state we were entitled to eight dollars per
day and mileage at the rate of fifteen cents per mile,
anil why '; I. i* merely repeating the law which has
already been stated. The Constitution of the 8 at
very clearly says that in order to carry out these
provision-.- i. is necessary to enact laws thereunder.
Now, sir, I bold that on the sth day of January,
13-0, when we assembled in this chamber, we were
then entitled to our mileage— n"t only that, but we
had no right to any per diem if \*. wen not entitled
to it under the law of the State. The law as it stood
says that members of the Legisl-iure shall receive
eight dollars per day, payable weekly, and
three dollars for each twenty miles traveled,
coming to and going from the State Capital That
is the law as it stool on the 6th day of January, ISsO.
Further, the Constitution says that all special Acts
in conflict with the Constitution shall be in force
until July, or until repealed by the Legislature.
Now, I say this is in conflict with the statute
and therefore it requires legis ation to carry it out,
r.nd that, being entitled to the per diem, we arc en
titled to mileage. We could not now legis
late for ourselves, in order to fix tiie per
diem and mileage, if it had not been
fixed by law. I have no jiersonal motive in this
matter ; but it is not a question what we desire to
accept; i* Is a question, What are we entitled under
the laws of the State? 11 any of these gentlemen
have con eel minus scruples about receiving this
money they can refund it, and I will be in favor of
passing a law to authorize them do so, and to
authorize the Slate Treasurer to leeeive it.
The question being on the adoption of the resolu
tion, the ayes and noes were demanded, and the
resolution was adopted by the following vote :
Ayes— Adams, Anthony, Bass, Bennett, Braun
hart,Brown of Sonoma, Btusie, Burns, Carr of Sacra
mento, Carr of Yuba, Chamberlain, Chandler, Ccff
man, Coleman, Cook, Downs, Durham. Felton, Guf
fey. Green, Hardy, Harris, Hynes, Leach, Levee,
Maguire, May, Maybell, McCarty of Lake, McComas,
Dade, Horse, Sinon, Sherburn, Spencer, Stanley,
Stoddard, Streietcr, Sweetland, *.Va_on uf Ventura,
Watson, York— 4l.
Noes -Brooks, Brown of Yuba, Brnner, Cameron,
Cooper, Corcoran, Cuthbert, Del Valla, Dimond,
Flnlayson, Fox, Eraser, Prink, Garibaldi, Gorley,
Hereby, .losselyn, Lane, Leadbetter, .Mathews, Mc-
Callion, McCarthy of San Francisco, Mcintosh,
Merry, Mulholland, Nelson, Picket, -ayle, Tyler,
Walker, Ward, Wasson of Mono, Young, Mr.
Mr. Tyler offered a resolution to the effect that
members shall be allowed to pay the extra five cents
pen-lie into the Hospital Pima.
Ruled out of order.
Mr. May gave notice that he would on to-morrow
move a reconsideration of the vote by which the
resolution was passed.
By Mr. Leach— Resolved, That the Controller is
not authorized to draw or deliver any warrants for
mileage to members of this body without farther
orders from this house.
Mr. Tyler moved to Indefinitely post-tone the
The ayes and noes were demanded by Messrr.
Leach, Carkoi Yuba and Cark of Sacramento.
Mr. Leach— My object is t ■ delay the payment of
the mileage until the bill which is now before this
body becomes a law.
Mr. CAB* of Yuba- Mr. Speaker, I think it is time
now for those gentlemen who are in favor of waiting
for their mileage to stand up and vote against this
motion to indefinitely postpone. I do not wish to
be misunderstood here in my position as a member
of the Committee on Mileage. .In that com
mittee I acted under the law as it now
Stands, and we reported back to the house, in ac
cordance with the law, that the members of this As
sembly are entitled to fifteen cents per mile. We
are 'titled to it now under the law, but the Consti
tution which we are following out says that the
legislators shall not receive more than ten cents per
mile. lam in favor of letting this question lie until
we fix It by a law which will suit ourselves and our
At this point the Secretary of the Seni.tc presented
a message from that body stating that the Senate
had passed Senate Concurrent Resolution No. 12,
relative to appointment of a joint committ of three
members from each body to prepare and present an
agreed case to tbe Supreme Court concerning the
reading of bills, and that the Senate had appointed
Senators Dickinson, Enos and Satterwiiite such com
Mr. Mclstohii— Speaker, under the law I
claim my mileage. No member on this floor has a
right to deprive me of what the law giv me.
What will tiiat resolution amount to .' The otiier
day, when I voted to indefinitely postpone this
whole matter, I thought that settled it XVe
can keep on agitating this question dur
ing the whole session, and then it won't
amount to anything. I hold that, under
the statute of this State, I can demand and
receive, fifteen cents per mile mileage, and the Con
troller is bound to draw bis warrant in my favor in
spite of the recons:derai ion. There is no law by
which you can take my rights away, and under the
law iam entitle tto this mileage. Ido not can one
cent what anybody says; I claim my rights under
the law, to the very bat dime, as the law claims
every cent that is coming from me to the State. I
hope this resolution will be voted down. I voted
for fifteen cents a mile, and I voted intelli-ently,
knowing whit 1 was voting for, a:. J shall vote for "it
Mr. TYLKF. Let me state this matter in a plain
way. Committee on Mileage had no right to
fix the amount of mileage due to members. Their
duty was to determ'.n- under the law how many
miles a member had traveled. They did it. Tiia't
report was presented to this body and was adopted.
anomalous position is prts-ntcd here of a reso
lution which will prevent the Control erfr m draw,
ing his warrant. Now that is the position in which
you are placed. If you vote for this resolution I
hope the Controller will refuse to draw bis warrant
for any one of US for per diets, and I shall do all 1
can to accompli.- lhat object. The law fixes this
mil .'ace as it does our per diem, and if you cinii-t
draw the one you cannot draw the ither."
»l LB ill. I- It emu KB *_.
Mr. York— Mr. Speaker, I am in favor of the
amendment.' j We have occupied a great deal of
time in discussing this matter, ' It feci: - lo me, Mr.
Speaker, that there has been a great effort upon this
floor to evade the spirit of the ("institution— to
v: >ie the law of tbe land, by all sorts of con
trivances, \> i lure loU thut a rule Of thin House
outranks the Constitution. Ilia: a -lie of this
House puis a member in this position : th.it he can't
vote up v the question of fixing the mileage. I
want to say to you that this Constitution under
which we aie laboring to-iluy SSya we .--hall, anil that,
rule must go to the wall. I riendj and gentlemen of
the Assembly, I do not propose to stand
here upon this Hoor aid be moved by
any claptrap. i shall not be moved by
any argumei ts or pettifogging. I shall not be
swerved out of my way, but shall go squarely on
the record in this matter. We ore here lor the pur-
IK.-BC of interpreting the spirit of the Constitution.
We have been sent here for that purpose. There
was a law before this body, and oil ils passage you
struck out the '..*•*. clause. Now, the action of Ibis
body, z-'i' sequent to the striking out of that clause,
has been » f such a character as to lead me to sup
pose ih.it you meant to force upon this Assembly l"»
cents mileage. Somebody says conscience. You
have too much conscience, Gracious ! gracious ! It
is not a matter of conscience It i.*-. not a question
as to the old law. We make i o objection as to tbe
report of the committee, only that they said it was
to be fifteen cents or nothing. They had no business
to make such a report, simply bf pause a bill was
here on its passage, fixing the rate of mileage in ac
cordance with the Constitution. Now, sir, I am
willing to concede to the gal gentlemen on this
floor more knowledge about law than I possess. 1
am willing to cone- that they would be correct,
and yet 1 am opposed to being build zed on every
oeca-ioii in the name of the lew. Great God, what
is the law? The people of the State of California,
in Convention assembled- the highest legal body
known to a republican form of government—
have spoken, and I stand here in obedience
to that Constitution, and in obedience to its acts.
That Constitution says we shall hate ten cents per
mile. Ido not propose to submit to any shuffling
that shall thrust us back upon the old' law. We
have been elected to carry into effect the Constitu
tion. I would not place any o_ mbos in a false posi
tion. 1 would not vote that the >peaker >as irreg
ular. God knows niy heart— you mat smile, gentle
men, but I suppose that 1 sUn ' here the peel of
any member on this floor. . lam in favor of the res
olution. I hope this Ilouse will place <- band upon
the Controller ai.d stay his bend until sash tin as
the matter shall have beeu settled by a genets] law.
ilr. Fox— Mr. Speaker, it is the first time that I
have uttered ■ word upon this question, except aa
Chairman of the Judiciary Comnii'.tce, when I made
the report, It is certain that this House has worked
its. into a great excitement over this question,
and I think it is pretty rear time we should come
down to a degree of temperature that will enable us
to find where we stand. The Committee on Judi
ciary, when ask d for an opinion, e.r. -fully consid
ered the --alter, and it was the htoanixnoue decision
that the statute of 18.7-8 was the law of the land
Upon that subject until the Ist day of
July, unless sooner repealed by the Legislature.
It had not been repealed st th** tune this report was
made, and there was nothing for the Judiciary Com
mittee to do but to report that under the law the
mileage should be fixed at fifteen cent. and that the
Constitution was not self-operative. The House
unanimously voted to adopt the report ol the com
mittee. After it was adopted a separate resolution
was adopted directing the committee to draw tbe
warrants. No motion has ever K'-n made to recon
sider the vote ny which that resolution -as adopted.
This bouse has wasted more than five limes the
amount of the differ between ten andttftee_a
cents per mile in useless discussion, and we had bet
ter get back to the track, and cease wasting money.
Jlr. Young— At the time this question was up be
fore I directed my attention to the legal aspect of
the case. I came to the conclusion that members
were entitled to draw iniltv-ge at the same rate as
was allowed by the law— fifteen cents per mile. I
believe today that it is the legal rate. But there
are a number of gentlemen on this Boor who con
scientiously feel that they cannot accept that
amount— they will apparently stultify them
selves, and violate the spirit if not the letter of the
Constitution. They do not do it simply because
they wish to make a record. They are honorable
gentlemen, and above a'l that. And I shall this-,
time vote with them, so an to allow them to take
only ten cents per mile. -
Mr. Mat— Two years ago, Mr. Speaker, the sitting
members on this floor received $■!(.) a day for their
services. I drew that sum myself. I received _0
cents per mile. We early in the session, being con
vinced tbat the next Assent would not be equal
in talent to that one, decided to cut them down. 1
voted myself to reduce the per diem to 48, and /
am a little sorry for it. I roted to reduce the
mileage, and lam sorry for that too. I would favor
20 cents if the law would allow it. There arc
members here now who then voted ' for •$_ a day
and fifteen cents mileage. We bad no idea that
we hail any business to legislate for ourselves during
that session. While we did vote to reduce the pey
of our successors, we ourselves went early every
Saturday morning to the Treasurer's office and drew
our SIO a day, or $70 a week. We drew twenty cents
a mile, and we voted that this should have been
only *3 a day and fifteen cents a mile. Now, you
gentleman know that it is customary for the Com
mitt' on Mileage on the first week— at the farthest
the second week— to report how many miles each
member has gone to come to the Capital,
and figure it up. That is all they have to do. The
law fixes the amount, an I the" committee deter-
Duties the number of miles.
Mr McCarthy of Sao Flam i- Gentlemen of
this House are very well aware that we draw our
per diem under the existing- law, and it is not con
trolled by the Constitution. 1 believe conscien
tiously that we are entitled to fifteen cents and
the law, and if we arc not entitled '-• that we arc
not entitled to rec. ive one solitary cent.
Mr. Swkktlanl'— Wo have bad a good deal of dis
cussion, but I must Fay th.-' I •■■ not beliew lb**
these gentlemen made it known to ihe people when
tbev wcro being vole d for thn*. they were to receive
fifteen cents a mile. In my neighborhood this
question was raised, and the people understood it to
be ten cents. lam for representing the wishes anel
the feelings of the people who sent nm here.
Un motion of Mr. Fulton the main question waa
The question being on the indefinite postpone
nient of the resolution, it was so ordered by the fol
lowing vote :
Ayes— Bass, Brooks, Brown of Vol. a. Braner.
Brui ie, Cameron, <'• I to in, Cooper, Corcoran, Del
'.'all | Liniond, K-ti a, Fmlsyson, Fox, Fraser.
Frink, Garibaldi, (lor'.ey, Harris, Hereby, llwu-s,
Josselyn, Lane, Lcadbetter, Ma' hews, May, McCal
lion, m Canity of Lake, Mccarty of Sin Fran
cii i, Mcintosh, Merry, Messenger, Mulholland,
Nelson, Picket, Sayle, Tyler, Walker, Ward, Warn
of Mono, Mr. Speaker— 41.
Noes — Adams, Anthony, Bennett, Braunhart,
Burns, Carr of Sacramento, Carr of Yuba, Cham
berlain, Chandler, Coleman, Cook, Cuthbert,
Downs, Durham, Kclton, Gaffey, (lr.cn, Hardy,
Leach, Levee, Maguire, Maybell, McC . .s. Mel-ad-,
Morse, Sinon, Sberburn, Spencer, .Stanley, Stoddard,
Bareeter, Bweetland, Wason of Ventura, Watson.
York, Yotmit 36.
The message from the Senate was taken up, ami
thc**re9oiiition appointing a cumin:'*' v to present
the case to the Supreme Court com rr d in.
The Cit.iu named as the Assembly Committee
Messrs. Tyler, Fox and Brnner.
Hy Mr. Tv.ku AU-boriain- the Controller to
draw a ■arrant for $100 for sumps for the Sen-cant
at-Arma. Referred to the Committee on Attaches.
Also, authorizing the printing of 2,000 copies of
Rev. O. C. Wheeler, lecture. l.osz. ,- .
By Mr. Corcorax — Allotting tl.e Committee on
State Hospitals to have a cli rt.. Referred.
By Mr. M-vmaL— Concurrent resolution, asking
Congress to si amend the Constitution as to allow
United States Senators to be elected by the people.
Assembly Bill No. 18, to repeal what is known as
thegajr law, was taken up and discussed, and made
the special order for to-morrow at 1" o'clock.
At 4 o'clock, on motion of Mr. CA-XaO-I, the As
sembly adjourned.
A distinguished Scientist once said: "No
man with a .trong, healthy stomach ever
committed suicide," yet many suffer tho
torments of the damned with dyspepsia,
when a single liottle of Dr. Mintie's English
Dandelion I.tveb and Dyspepsia Pills
will give relief, anil, if persisted in, cure tha
worst case of this distressing trouble. Thia
pill cures torpid liver, biliousness, sallow
complexion, foul breatn, sick headache, heart
burn, pain in side and back, removes pin.i
from the face, regulates the bowels, is sugar
coated and guaranteed purely vegetable. It
acts directly on the coating, of the stomach
and on the liver ; is suited 'to any climate,
wet or dry weather. Beware of imitations ;
genuine has cut of lion on outside wrapper.
Price, 50 cents. Hold by all druggists. H. O.
Kirk k Co., Sacramento, Whole, Agents.
How fo Save Money.
Instead of going to a doctor, if yon have
Bright's Disease, Diabetes, pain in back and
loins, smarting, inflammation, calculi, brick
dust deposit, or any trouble of the kidneys
or bladder, buy ■ bottle of De. MiNTn's
Nephreticum, the great Bucket Compound.
It is the best prescription ever compounded
for these troubles. Abrams _ Carroll, Whole
sale Druggists, say : "We regard Nephreticum
as the test Kidney anil Bladder R:ir.edyin the
market." Woodward, Druggist, Portland.
Oregon, says: "Everybody speaks highly of
it." Childs, Druggist, Portland, says : "Sold
lots of it ; it always does the work." Many
have been cured of obstinate kidney com
plaints after the doctors gave them up.
Sold by all druggists. Price, §1 a bottle, or
six bottles for S3. 11. C. Kirk k Co., Sacra
mento, Wholesale Agents.
-_- ■
"Alfonso," said Christine, thought-'
fully, as she let . down her back hair that
evening, "is this simply a sporadic case,
or do you expect all your wives to take
naturally to being shot at ?' Because, dear,
I don't want to _c disagreeable ; but, you
know, I stall really have to go back to
mamma before I'm ijuite perforated like a
cullender, if you don't ex gage a better
style of assassin. Why aren't you able to
afford a dynamite explosion like the Czar :
This is not at all what I, had been led to
expect."— [Puck. s
■ _ ■
There have been more cures of seminal
weakness, nervous debility and paralysis made
by the wonderful English remedy, Sir Astley
Cooper's Vital Pvcstorative, than by all other
remedies combined. Why will you suiTer!
Send to A. E. MJ.-ttJe, M. D., No. 11 Kearny
street, San Fraocaado, for the Restorative, and
he cured. I Price, S3 per bottle ; four timed
the quantity. -?lt). Try a bottle.

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