The record-union. [volume], January 24, 1891, Page 5, Image 5

About The record-union. [volume] (Sacramento, Calif.) 1891-1903

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THE LEGISLATURE—29TH SESSION.
Passage ofthe Tax Installment Bill by
the Senate Yesterday.
The Assembly Does a Little Business
in the Way of Reconsideration—
Eight-Hour Spat In the Senate.
SENATE.
Sacramento, 1
Friday, January 23, 1891. )
The Senate met at 10 o'clock a. m.,
Lieutenant-Governor Reddick in the
chair. Roll called and quorum present.
Prayer by Rev. A. T. Needham. Journal
of Thursday read and approved.
petitions.
The Chair announced that he had re
ceived a petition praying for a new Con
stitution. Referred.
Mr. Heacock presented a resolution in
relation to the preservation of forests.
Referred to the Forestry Committee.
REPORTS OF COMMITTEES.
Mr. Banks, from the Public Buildings
Committee, reported back, as amended,
S. B. 74, relating to the non-insurance of
public buildings, recommending its pass
age.
Also, S. B. 130 (amended), authorizing
the sale of property belonging to the
Home for Feeble-Minded Children, rec
ommending its passage.
Also, recommending the adoption of
S. J. R. 1 and 6, relating, respectively, to
the election of U. S. Senator and the limi
tation of foreign immigration.
-Mr. Dennison, from the Committee on
Education ami Public Morals, reported
backs. B. M 4, relating to the issuance of
school bonds by cities of the filth class,
recommending its passage.
Also, S. B. 96, regulating the speed of
Btreet railways and rates of fare, recom
mending its passage.
Also, substitute for S. B. 165, relating to
the sale of pools on races, recommending
its passage.
Also, S. B. 278 (amended), prohibiting
' the sale of intoxicating liquors within one
mile of any reformatory institution iv
which juveniles are confined, recom
mending its passage.
Mr. McGowan, Irom the Committee on
Elections, reported back S. B. 110, relat
ing to the election of State Printer, recom
mending its passage.
Mr. Sprague, from the Judiciary Com
.mittee, reported back S. B.s 18,135,132,
recommending their passage, and S. B.s
61, 2, 47, recommending their passage as
amended.
Mr. Elint, from the Committee on Fish
and Game, reported back S. ii. 214, rela
tive to the taking of salmon and shad,
recommending its passage.
Also. S. B. 15, authorizing tho purchase
of the sites on which the Shasta and "Lake
Taboo Fish Hatcheries are located, recom
mending its passage.
BILLS INTRODUCED.
By Mr. DeLong—Authorizing certain
corporations to act as executors in certain
cases.
v*By Mr. Shippee—Repealing Section 632
ofthe Code of Civil Procedure.
V-By Mr. Sprague—To pay the claim of
A. s. Dibble.
W By Mr. Langford—Repealing the Act
establishing tho Bureau of Labor Statis
tic.-.
t- Also, amending the Political Code, re
lating to the powers and duties of Road
f Overseers.
'--By Mr. Seawell (by request)— Prohibi
ting the use of any substitute for hops in
the manufacture of ale or beer.
vT'y Mr. Dargie—Authorizing the State
Controller to issue a duplicate warrant on
the Treasury.
vßy Mr. Dray (three bills by request)—
Relating to assessments in reclamation
districts, powers of Trustees thereof, etc.
"lly Mr. Wilson—Providing for the erec
tion of a monument in the Mexican Vet
erans' cemetery plat in Sacramento.
*y .By Mr. Hamill—Amending Section 320
of tbe Penal Code, relating to lotteries.
vßy Mr. Preston (by request)— Providing
a State Board of Charities and Coriec
tion, and prescribing their powers and
duties.
i> By Mr. Flint—Amending Sections 26-12
and 2643 of the Political Code, relating to
th" Unties of highway ollicers.
By Mr. Berry—Amending Section 1094
of the Political Code, relating to elec
tions.
CONCERNING DEFICIENCIES.
Mr. Carpenter ottered a resolution re
questing the Attorney-General, Secre
tary of State and Superintendent of S:ate
Printing to report the amounts of defi
ciencies in (heir respective departments,
and how much thereof had been author
ized by tho State Board of Examiners.
Adopted.
TAXES BY INSTALLMENTS.
The first bill on the third-reading file
was S. B. 30, relating to the collection of
property taxes.
Mr. Dray objected to some clauses of
the bill, and the matter was discussed at
some length between him aud Mr. Cran
dall, the author of the bill.
The measure was filially passed by a
vote of 90 ayes to 0 noes —Messrs. Dray.
Langford and Preston being excused
from voting.
S. B. 10, specifying what personal prop
erty may bo subject to chattel mortgage,
was also passed without dissent.
ON SECOND -REAIUXI'.
S. B. 148, to provide for the construction
and furnishing of a kitchen and dining
room at the Napa State Asylum for the
Insane.
S. B. 196, to provide for the removal of
the old wooden fence, sidewalks and
curb from the State Capitol grounds, lo
a'atinl at Sacramento, and have con
structed in their stead a granite post and
chain fence, a concrete sidewalk and
granite curb, and to appropriate money
therefor.
s. B. 197, to provide for the completion
of the tien tiers of granite steps in the
State Capitol grounds, located at Sacra
mento, and to appropriate money there
for.
S. B. 82, relating to the payment of
persons employed under the provisions
pf Section 3245 of the Political Code.
EIGHT HOURS A DAY.
In the course of the second reading of
bills the Senate encountered S. B. 83,
amending Section 3245 of the Political
Code, relating to eight hours being a legal
day's work.
Sir. Crandall objected to tho clause in '
the bill prohibiting any person employed
on public work from laboring more than
a-ight hours a day. He held that it a
laborer should desire to work over-hours
for extra pay ho should not be denied
that privilege, in .case his employer
should Wish such extra labor performed.
He was also opposed to the requirement
that every contract for labor should be in
writing and recorded.
Mr. Ostrom had similar objections to
offer to portions of the bill.
These objections brought to his feet Mr.
What is Scrofula
It is that impurity in the blood, which, accumu
lating in the glands of tho neck, produces un
sightly lumps or swellings; which causes painful
running sores on tho arms, legs, or feet; which
developes ulcers in tho eyes, ears, or nose, often
causing blindness or deafness; which is the origin
of pimples. a»nccrous growths, or m_ny other
manifestations usually ascribed to " humors."
It is a moro formidable enemy than consumption
or c.tnecr alone, for scrofula combines tho worst
possible features of both. Being tho most ancient.
It Is the most general of all diseases or affecMons,
for very few persons are entirely free from it.
How can it be cured ? Ey taking Hood's Sarsa
parilla, which, by the cures it has accomplished,
often when other medicines have failed, has
proven itself to bo a poteat and peculiar medicine
lor this disease. For all affections of the blood
Hood's Sarsaparilla is unoqualled, and some of tho
cures it has effected are really wonderful. If you
suffer from scrofula iv any of Us various forms,
be sure to giro Hood's Sarsaparilla a trial.
Hood's Sarsaparilla
gold by all druggists. _U; si_forgs. Freparedonly
_y C. 1. HOO_> _ CO., Apothecariass, Lowell, _!___
100 Doses One Dollar
Campbell of Solano, who surprised the
Senate by making and impassioned and
really eloquent speech in support of the
measure. He said that the two gentle
men who had spoken against the bill
represented the positions of both the
great political parties toward the work
ingman. During political campaigns they
hugged him to {their bosoms and prom
ised to do everything ipossible for his
welfare, but after an election they either
forgot him altogether, or else did their
best to oppress liim. If the workingmen
were not themselves divided, Senators
would not dare to oppose a bill of the
kind under consideration.
Messrs. Simpson, Maher, De Long and
others spoke on tho bill, and finally, on
motion of MS-. Britt, it was withdrawn
from the file, and re-referred to the Com
mittee on Labor aud Capital.
Recess.
Afternoon Session.
On the reassembling of the Senate
(Lieutenant-Governor __edtlick in the
chair) Mr. Campbell of Solano presented
a petition against pool-selling on races.
Referred.
BILLS INTRODrCED.
•''By Mr. Voorhies—Dividing the State
into Senate and Assembly Districts.
VBy Mr. Ragsdale—Providing for the
erection of a monument in Golden GaJLc
Park to the late General M. G. Vallejo.
By Mr. Preston—Amending Section
BGsof the Code of Civil Procedure, relat
ing to arrests in civil actions.
[Mr. Fraser in the chair.]
OX SECOND HEADING.
The following bills wero read the sec
ond time and ordered engrossed aud to a
third reading:
8. B y 154, authorizing school districts,
i-i.ics, cities and counties, or incorpor
porated towns, to farylah the pupils of
their respective public schools with free
use of school text-!;ooks.
S. B. 118, to authorize the establish
ment of county high schools and provide
for their support
S. B. 84, to regulate the practice of
pharmacy and sale of poisons in the
State of California.
S. B. 41, to amend Section 4161 of the
Political Code, relating to the deposit of
puldie funds.
BILLS INTRODUCED.
\/By Mr. Ragsdale—Granting the right of
way over the grounds of the Homo fori
l-Yci'lo- Mini led Children, in Sonoma !
county, to Patrick Monahan.
t-By Mr. Bailey—To create the county of i
San Jai-into, and provide for an election
therefor by the people.
By Mr. Carpenter—..dating to provid
ing deputies and stenographic reporters
in the Attorney-Genei-aTs otiice.
By Mr. Shippee—To validate acknowl
edgments in certain cases.
By Mr. Mahoney—Amending the Civil
Code relating to street railways (two
bills.)
Also, relating to the business of con
ducting lodging-houses.
By Mr. Dargie (Are bills)—Amending
the Political Code relating to roads, roau
overseers, etc
By Mr. Hamill—Amending tho Penal
Code, relating to tbe compensation of at
torneys, and providing when the same
may be a charge against the county.
STANDING _______
The Senate then took up for considera
tion the standing rules reported by the
committee, and discussed the same until
5 o'clock, when tiioy were adopted.
Adjourned until Saturday.
____________*.
House met at 11 o'clock a. m., Speaker
Coombs in the chair. Roll called; quorum
present. Journal of yesterday approved.
RECONSIDERATIONS.
Mr. Arms —Pursuant to notice given
ou yesterday, I now move that the vote
by which A. B. 142, relative to street rail
ways was passed, be reconsidered.
Mr. Mathews —I introduced that bill,
and, after a careful hearing in the com
mittee to which it was referred, its pas
sage was recommended without any ob- J
jection whatever to ait. It has passed
three different readings in this llouse,
There cannot lie any objection that I can
see to it, as the only changes made are in
Section 4t_i of the Civil Code by striking
out the words "two corporations" and
; inserting "two linos of street railway,"
and also by striking out "two railroad
i corporations" and inserting in lieu
thereof "two lines." The object of
so amending Ino existing statute
is to permit other lines of street
railway to run upon the same street. As
the law stands now, two corporations
under one management can exclude all
otlier lilies from a street. My city is
burdened in that way, and wants relief
by having the right granted any
line to run up a street, having
railway tracks on it a certain
number of blocks, to enable access
to other portions of the municipality.
The bill does not change the law by in
creasing the number of blocks for which
that cau be done —does not make it un
limited in number so as to cut out lines
of railway which use that street. It is
simply intended to permit other lines to
run upon that street that they may there
by reach other parts of the city. I there
fore hope the vote will not be reconsid
ered.
Mr. Arms —My reason for asking a re
consideration was this: The author of
the bill, on its final passage, did not take
the tloor and state what it proposed to do.
We were left entirely in the dark as to
its object and what it sought to accom
plish. To my cursory inspection it looks
to be a faulty measure, and I want to
know more about it. When I vote on a
measure I want to know what I am vot
ing on, and that is why I asked for recon
sideration.
The motion prevailed—ayes 03, noes 8,
and on motion of Mr. Dibble its further
consideration was made the special order
for Wednesday next at 2 p. m.
Mr. Gould —I move that the vote by
which a resolution fixing the hours ofthe
House Postoffice was adopted, be recon
sidered. Ido this that I may offer a sub
stitute, makingia slight change.
The motion prevailed, and Mr. Gould
offered a resolutiou, as follows: .
Resolved, That the Assembly Postoffice be
kept open from 9 a. IC until !) p. jr., and from
7 p. M. until .:30 P. M. on each week day, and
from 12 m. until 2 p. M. on Sundays until
further orders.
Adopted.
ELECTRIC RAILWAYS.
Mr. Robertson —On yesterday afternoon
I gave notice that 1 would move this
morning for a reconsideration ofthe vote
by which A. B. 114, relative to electric
street railways, was passed. I now make
that motion.
Mr. Culver—l have but few words to
say upon the motion. This bill simply
provides for using electric motive power
if desired. Every city and county in the
State that has, or expects to have, a street
railway system is in favor ofthe bill. If
there is anything unfair in it I fail to see
it. I have nothing farther to say.
Mr. Robertson —This biil is one reported
back from the Committee on Municipal
Corporations. I have no doubt but that
committee gave careful and faithful at
tention to it when it reported it back with
a recommendation that it do pass. But I
do not think tiiat absolves us from the
duty of considering it with just as much
care and just as much attention as the
committee did. Like most members of
the Assembly, I am on so many commit
tees, and have so much work to do, that
many of the bills I never see or hear of
until they are laid on my desk, and some
times not even then until they come up
for third reading-. Now on "the third
reading of this bill my attntion wase
called to it, and I felt it my duty to ex
amine it. On comparing it 'with Section
497 of the Civil Code, I find it makes only
one change, and that change involves the
use of electricity. Now it goes without
saying tliat the electric road is probably
the coming road, no matter though this
House wero to dispute the proposition of
allowing railways to run by electricity.
Hut there is a question in this connection
that it is our duty to consider. We have
all heard the complaint which is raised
by the making of a perfect spider web and
net-work in our cities by electric light,
telegraph and telephone wires. Jvow
come the wires for tbe operation of elec
tric roads. There is something I wish
considered and discussed in this relation,
and that is whether or not we should lay
some restriction on the method of operat
ing these electric roads. If there is any
storage-battery that is so perfect that a
road operating by electricity can, by the
use of it, be run with no more trouble or
danger than a cable road, let us have it.
'
{.ACRAMENTO DAILY RECORD-TJyiOy, SATURDAY, JANUARY 24, 1891.—SIX PAGES.
If there is any method of placing wires
underground in such manner that such a
road can thereby be operated, let us have
it. There is no mention of these matters
in the bill. We do not know what kind
of electric road we are providing for by
it, because the. bill gives the fullest lib
erty to use any and all appliances that may
be required; consisting probably of posts
on either side —I do not know whether
central posts or not—and overhead wires.
1 am not against the object of the bill, am
not seeking to prevent the operation of
roaas by electricity, but only ask that we
i\ consider the vote by wiiich the bill
passed, that we may ascertain whether or
not some restriction should not bo made
as to the manner of constructing and
operating such roads, so as to save the
cities on this coast from being, like some
of the Eastern cities, enveloped with net
works of wires, which, if once permitted,
it would be almost impossible to ever bo
rid of.
Mr. Shanahan—My reason for voting
against this bill yesterday, and for voting
to reconsider to-day, is" this: While not
entirely certain on the point, I know it
was current report in the newspapers
some weeks ago that an effort was to be
made to knock out the free surface rail
road in the city of Oakland—I think on
Seventh street. If there is anything in
this or the other street railway bills that
will bring about that thing, I want to
know it. As already stated, this bill was
on its third reading before members
scarcely knew a bill of the character was
before the House. It came back from
the Committee on Municipal Corporations
before most members knew Mich a bill
bad even been introduced. There was no
discussion on it at any stage. If it does
not have the effect suggested, perhaps
there is no harm in it. Bat it is very im
portant in its nature, aud it will do no in
jury lo give it a reconsideration and ex
amine it with care.
Mr. Clark —I have a different reason for
desiring to reconsider this bill than as
signed by either of the gentlemen who
have spoken. Many members know that
in our interior towns there are little local
railways Just struggling, aa it were, into
existence, in which men have invested
their all. In some cases they have be
come settled in the business and are
building extensions. Those roads are
propelled either by cable or horse power.
Before we grant tho right to propel street
I cars by electricity 1 think it the duty of
I every member to think well of tbe inter
| ests of his constituients and determine
I whether or not they might bo sacrificed
by this measure. Lille the gentlemen
preceding me, I have not given the bill
any consideration. But I find that elec
iricity, which has only come into exist
ence In the United States as a factor of
power lately, means a revolution whom
ever it strikes. 1 believe, before we givo
any person or corporation tho power to
use it in our streets, we should look well
to the interests of our constituents and
the future welfare of the people where
there are hundreds of thousands of dol
lars invested in little railways In our in
terior towns. lam in favor Of all man
ner of improvements, but when we adopt
them we should, it possible, not allow
them to conflict with capital already in
vested in such manner as to ruin the in
vestors.
Tho motion to reconsider prevailed—,
ayes 63, noes 4 —and on motion of Mr.
Phillips, amended by Mr. Robertson, tho
further consideration ofthe bill was made
the special order for Wednesday next, at
2p.m.
Mr. Dunn —I now move to reconsider
the vote by which A. B. 110, relative to
electric street railways, passed the House
on yesterday.
The motion prevailed—ayes 07, noes 4—
and on motion of Mr. Shanahan the fur
ther consideration of the bill was made
the special order for Wednesday next at
2 P. M.
A POINT OF ORDER.
Mr. Bruner—I move to reconsider the
vote whereby tho amendment offered by
the gentleman from Shasta, striking ont
"Supreme" and inserting "Superior" in
A. B. 30, relative to qualifications of Dis
j trict Attorneys, was adopted on yester
day.
Mr. Shanahan—I make tho point that
the motion is out of order; that it would
be out of order to reconsider the vote
whereby the amendment was agreed to
on yesterday. The llouse rule provides
that on all votes on final passage of a bill
or resolution notice of reconsideration
may be gi\ en and the matter called up on
the following day. But with reference to
I amendments the rule makes do provision.
] The general rule of parliamentary law is
! that reconsideration of any subsidiary
j matter must be had, if at all, Immediately.
The reason is this: If permitted to offer
I an amendment to a bill on second read-
I ing, and if defeated to give notice of re
consideration, call it up on the morrow,
I and if defeated to offer another amend
ment, and if defeated to give notice of
reconsideration, keeping the bill on sec
ond reading all the while, to call it up ou
the day following, be defeated, offer an
other amendment, be defeated, givo no
tice of reconsideration, call it up on the
day following, and so on indefinitely, we
never would come to the third reading of
a bill. It would simply put it in the
power of any one member to defeat the
entire legislation of a session.
Mr. Bruner —As I understand the rulo,
on the final passage of any bill or resolu
tion, you cannot take np tlie notice to re
consider without the consent of the
mover. But in tho case of an amend
ment, it may be taken up by anyone and
disposed of on the same day. In the ease
ofthe final passage ofa bill the mover of
the reconsideration has until the next
day to make the motion.
The Speaker—I think the point of order
well taken. Tho rules abhor dilatory
motions, and a special rule is provided
for reconsideration of the vote on the final
passage of any bill or resolution. It
seems to the Chair that to be able to de
lay the progress of a bill by simply giv
ing notico of reconsideration on its sec
ond reading is not permitted by the rale.
I therefore nold the motion to reconsider
is out of order.
special order.
S. B. 207, specifying number and com
pensation of officers and attaches of the
Senate and Assembly. Passed.
RESOLUTIONS.
By Mr. Ames—That the State Printer
be directed to print 500 copies of the spe
cial report of the Committee on Claims
on A. B. 70, to pay the claim of Dennis
Jordan, together with tho testimony re
lating thereto.
The Speaker—How much testimony is
there —a large volume?
Mr. Ames—No, sir; about twenty
pages.
The resolutiou was adopted.
By Mr. Phillips—That the Sergcant-at-
Arms and Assistant be directed to super
tend the gatekeepers, porters, watchmen,
mail carriers and pages, and see that they
attend to their respective duties, and
report any neglect to the Speaker.
Adopted.
THANKS.
On yesterday a donation of magnficent
Southern California oranges was made to
the members by Mr. Marion. Assembly
man from Los Angeles, and the following
resolution offered by Mr. Phillips was
unanimously adopted:
Besolveil, That a vote of thanks be ten
dered Mr. Marion, member of the House
fiom Los Angeles, for his magnificent
donation of oranges; and that a copy of
this resolutiou be spread on the minutes.
By Mr. Lewis—That George M. Wood
wood, temporary Journal Clerk, be al
lowed $16 80 for mileage. Ways and
Means.
Mr. Brusie —The Committee on Com
missions, instead of summoning wit
nesses from different parts of the State, to
save a large expense in the way of fees to
the Sergeant-at-Arms, concluded to send
notices. Within the past week a large
number of such notices nave been mailed,
and I desire to offe4a resolution for the
payment of the postage—a small amount.
Mr. Brusie then ottered the resolution
calling for .10, and was adopted.
SENATE MESSAGES.
S. B. 208, giving consent of the State to
the reservation of certain lands by Con
gress. Judiciary.
S. B. 30. amending Sections 3746, 3748
and others ofthe Political Code with ref
erence to collection of property taxes.
Judiciary*.
S. B. 1., relativo to chattel mortgages.
Judiciary.
S. B. 351, to pay deficiency in office of
Secretary of State. Ways and Means.
BILLS INTRODUCED.
By Mr. Dow—To pay claim of Bartolo
Seoulveda. Claims.
yßy Mr. Garver—To pay claim pf A. B.
Dibble for professional services in the
case of People vs. Dobbins. Ways and
Means.
Mr. Bruner—To amend Section 172
of the Civil Code, relative to husbands
and control of and disposition of com
munity property. Judiciary.
w-By Mr. Bertr-To pay claim Charles
F. Reed and others tor expenses incurred
as mem bars of tha Examining Commis
sion on Rivers and Harbors. Claims.
_. By Mr. Wentworth—To repeal Title 16,
PartlV., Division 1 of the Civil Code.
providing for tho formation of mutual
building and loan associations. Corpora
tions. To amend Section 634 of the Penal
Code, relating to taking certain kinds of
fish; to regulate tho construction of wire
screens to secure the protection of fish ;
to amend Act to regulate the vocation of.
fishing; to amend Section 636 of the
Penal Code, relating to the protection of
fish. Fish and Came.
yßy Mr. Weston—For the relief of
Vallejo. Ways and Means.
X- By Mr. Gordon—To amend Municipal
Corporations Act. Municipal Corpora
tions.
i^-By Mr. Johnson —To farther secure the
purity ofthe ballot. Election Laws,
v By Mr. Bledsoe—To ascertain and ex
press the will ofthe people upon the sub
ject of requiring an educational qualifica
tion for voters. Election Laws.
\. By Mr. Freeman —To amend Section
2041 of the Political Code, relating to
highways. Roads and Highways.
* "By Mr. Beecher—With reference to de
cisions of courts on questions of fact. Ju
diciary.
Recess.
Afternoon Session.
House re-assembled; Speaker in the
chair. Roll called; quorum present.
B_r. rubble moved that the only order
of business to-morrow as to reading of
bills, should be the lirst reading, as many
memberswould be absent. Adopted.
BILLS INTRODUCED.
v^ By Mr. Brusie—To amend the Code of
Civil Procedure, concerning attachments.
Judiciary.
By Mr. Cargill (by request)—Amend
ing Section 2044 of Political Code relative
to bond and oath of Road Overseers.
Amending Section 2042 of same code rel
ativo to appointment of Road Overseers.
Amending Section 204") ef same code rel
ative to duties of Road Overseers.
Amending Section _vl<; of same code rel
ative to awarding contracts for maintain-
Ing roads. Amending Sub-divi.-iou 4 of
Section 25 of County Government Act
relative to public rouds. Roads and
Highways;
KBy Mr. Dibble (five bills by request of
Clerk of Supreme Court) —Amending
Section 2314 of Political Code relative to
duties of Librarian 'ot Supreme Court.
Amending Sections 3'X> and 266 of same
c< i, le relative to Secretary, Bailiff, audi
Librarian of Supreme Court. Amend- |
ing Section 739 of same code relative to
salaries of officers of Supreme Court.
Judiciary.
UProviding for deficiency in appropria
tion for expenses of Supremo Court for
fortieth fiscal year. Providing for defi
ciency in appropriation for expenses of
Supreme Court. Ways and Means.
By Mr. Renfro —Relative to paying ju
rors in criminal eases. Judiciary.
>-By Mr. Weston—Making appropriation
for erection of monument in Golden Gate'
Park to the memory of General Vallejo.
Public Buildings.
üßyuBy Mr. Steltz—For relief of John O.
Cordon. Claims.
Mr. Lowe—To amend Section 244 of
Civil Code relative to the adoption of
children. Judiciary.
SPECIA- ORDERS.
Assembly Constitutional Amendment
No. I—Passed on file.
Assembly Constitutional Amendment
No. s—Passed until Monday.
_A.__.BB_i VS. EAKLE.
By Mr. Bruner:
liesolvcrt. That the Committee on Elections
and Privileges are hereby instructed to make
to the House on Monday, January 26th,
their r»'!H>rt ta the contested election o__a of
Campbell Va, Calcic.
Mr. Bruner—On the first day of the
session the papers in this ease were pre
sented to the House. It is now the 23d
day of January, and bat one sitting of
the committee to take action upon the
case has been held, and that was last
night. If Campbell is entitled to his
scathe is entitled to it from the begin
ning of tho session, or as soon as his con
ic: . can be acted upon. If lie is not en
tilled to it, he is at least entii leel to knowl
edge ofthe fact. And if this committee
is not able to report at the time named in
the resolution, I propose then to move
that the House resolve itself into Com
mittee of the Whole and examine the
testimony and decide tho question. [Ap
plause.]
Mr. Barnett of San Francisco—The
committee have had three meetings on
the case instead of one. The taking of
testimony was postponed until last even
ing, when the committee started in on it
and continued until half past ten. An
adjournment was then had until Tues
day evening next, when it was decided to
continue on the case all night if necessary.
The resolution seems to me unjust to the
committee, which is trying to do the best
it possibly can. As Chairman of it, I as
sure you I shall try to finish the case
as soon as possible.
Mr. Bledsoe—As one of the committee
I desire to set myself right before tho
House. Ido not know why the case was
not taken up by the committee at the be
ginning of the session, but presume the
Chairman had a reasonable excuse for not
doing so. There are 300 pages of printed
testimony in tho case, to the reading of
90 of which the committee listened last
night. Ido not believe it possible for the
committee to report by next Monday.
The attorney for the respondent in the
caso stated that he intended to introduce
oral testimony after the printed evidence
had been read.
Mr. Shanahan—l do not know as I am
privileged to say anything concerning
what tlie majority should do in the matter
of this contested election. But I know
that in times past the fullest and freest
hearing was always given by the Legisla
ture iv such cases. Two years since,
when the Democracy had nothing like tho
majority the Republicans now have here,
and when there might have been some
partisan reason to influence them, no
election contest was reported back until
within two weeks of final adjournment.
It was the same at the preceding session.
I do not say that such delay is al
ways right, but the trouble is that the
session is limited to sixty days, and, with
the multiplicity of duties imposed upon
members, the majority of whom belong
to several committees, and the difficulty
of speedily obtaining tho attendance of
the witnesses, it is difficult to avoid it. I
believe in being fair in the present case,
as in all others, and to compel this com
mittee to report on Monday next without
any opportunity worth mentioning to ar
rive at a determination, would certainly
bo very arbitrary. The only opportunity
the respondent can have to produce testi
mony in support of his side ofthe case is
beforo the committee, and if the resolu
tion be adopted it shuts him completely
off.
Mr. Clark—l am a member iuot only of
tho Committee on Elections, but of sev
eral other committees, and my duties
upon them have necessitated my presence
with some one or more every night ex
cepting Sundays. So far as the Commit
tee on Elections is concerned, I believe in
giving any one, no matter what his polit
ical party, who comes before it, every
opportunity to present every fact tending
to establish his right to the seat he claims.
Both Mr. Campbell and Mr. Eakle are
honorable and upright gentlemen, and
neither would claim anything but what
he thought just and right. Last night the
committee sat considering the case until
Mr. Campbell himself was willing to
quit. It was the sense of the committee,
with the exception of Dr. Martin, to have
an all-night session; but the attorney for
Campbell said he was exhausted by read
ing nearly 100 pages of testimony, and
that he did not feel like going on any
longer. Now I protest against any at
tempt to force action without the fullest
investigation. I do not believe Mr. Camp
bell himself would desire" it. I think the
committee has acted so far as promptly as
it could.
Mr. Martin—As my name has been
mentioned I feel under obligation to oc
cupy the attention of the House a few
minutes. I am unfortunately situated.
An old friend of mine, when /he learned
of my election, as an act of friendship,
without consulting me, selected this seat
for me. I had no idea that I would thus
be placed in an electric current, the posi-
tive pole located in the gentleman from
Sacramento, to my left, and the negative
pole located to my right. But being right
in the line lam chuck full of electricity,
and sometimes get under its influence to
that extent that I have to make a speech.
I am on the Committee on Elections.
The first meeting I had with the commit
tee was on Tuesday last. The contestant
in this case of Campbell vs. Eakle was
then ready for trial, but the respondent
was not because of his misunderstanding
he had had with the Chairman which had
led him to believe that the matter would
not come up for hearing until Thursday
evening. So the matter was postponed
until last night, when we sat listening to
the testimony until nearly midnight. It
was suggested that we sit all night, but I
was in favor of au adjournment, because
I knew many on the committee were
young men who had wives and families,
and if they kept late hours their conduct
might be a matter of investigation and
suspicion. So I wanted to have them go
home. Aud by arrangement, agreed to
by both parties, the further hearing of tho
case was adjourned until next Tuesday
evening. Now if the gentleman from
Sacramento desires a consideration of tho
matter beforo a committee of the whole
House, and to devote a week to examin
ing the testimony, I think ho must be
overcharged with electricity.
Mr. Gould—This question is ono that
should be considered not only with cour
tesy and justice to the committee but from
an economical standpoint. I presume no
member desires to arbitrarily decide this
matter without giving each party vitally
interested an opportunity to produce all
the evidence he sees fit, applicable to the
case. If, to consider it, the llouse should
resolve itself into Committee ofthe Whole,
it would occupy a week which ought to
be devoted to work in tho interest of the
people. I am satisfied the gentleman
from Sacramento would not lor an instant
entertain the thought of casting his vote
upon the question of this contest without
am 11, fair and free investigation. As far
as the Committee on Elections are con
cerned, having a matter before them my
self, I have attended two or three meet
ings, and I "know, from what 1 saw and
heard there, that no censure ought to be
cast upon them. 1 believe the Committee
to be composed of fair-minded and con -
! sdentious men, who will ma ke an honest
investigation; aad when they report I
shall be willing, laying polities aside, I
feel sure, to agree with ihe decision they
j arrive at.
Ni r. Bledsoe moved to amend the reso
lution by inserting "Monday, February
2d," in place of "Monday, January 26tb."
Mr. Matlock—lt docs seem to me that
the committee ought to have ample op
portunity to consider this case, which i.s
an important one. The committee have
to exercise in reality judicial functions;
to hear the testimony, consider it. and
I arrive at a decision. I think tiie com
j mittco ought to have the additional time
asked to make' their report, that it may be
such a one that we can speedily act upon
it when it comes before- us.
Mr. Galbraith—] think if we should
resolve ourselves into Committee of the
Whole and hear the case we could dispose
of it before members will get through
talking on this resolution. Wo have
heard the same speech repeated about a
dozen times, and for one i am tired of it.
[Applause.]
Mr. Barnett of San Francisco—Besides
being Chairman of the Elections Com
mittee, i am on the Judiciary Committee,
which meets several times a"week, and on
the Committee on County Boundaries,
which meets mornings. The Elections
Committee has before it the contested
case of Brown vs. Daly, as well as the
caso of Campbell vs. Eakle. and I cannot
understand why no appeal for haste has
been made in the former caso as well as
the latter, except it be the politics of the
parly sought to be unseated. Now I de
sire to be just and equitable. I care not
what the gentleman from Sacramento or
the llouse may say, I intend to be just
and honest in my action though the whole
world cry against me and my committee.
[Applause.]
Mr. Doty—l think the most proper
course would be to let the committee have
all the time it wante-to investigate the
case. In USS3, when the Republicans had
but twenty mc-mlerson this tloor, Dozier,
a Democrat, sought to unseat Barnes, a
Republican, and it was not until near the
end of the sctsion that the committee
made its report. There is no necessity
for any hurry. Better let the Democracy
have a chance to keep their member here.
I like to sit by him: I don't want a Re
publican by my side.
Mr. Bruner—There is no one on this
floor who will exceed me in fairness, in
politics or anything else. In presenting
the resolution lam only fatir to myself
and the House. Idoit in the interest of
justice and right; because it is charged
that the gentleman now occupying a seat
from Colusa reached it by fraud.' I want
the committee to determine as soon as it
can and ought the question whether or
not we have a fraudulent member. We
have some rights of our own to protect.
There is no higher privilege than that
given us of being the exclusive judges of
the qualifications of our own members.
1 say the committee has been dilatory;
that it has not done its whole duty, for
some reason or othor. Ido not attribute
it to any corrupt cause, but I say that the
respondent has, as lawyers do in court,
sought postponement on all sorts of ex
cuses, and that the committee has been
too lenient with him. Last Tuesday night
a meeting of the committee was called,
and Mr. Eaklo stated that he had not em
ployed an attorney and did not know his
case would come up then, when, on the
first day of tho session, the Speaker an
nounced that the papers were before the
House, and when a week ago last Mon
day those papers were transmitted to
the Chairman of tho committee.
There never has been anything
really done either in this case or that of
Brown vs. Daly until last evening. Now,
when the respondent told the committee
last Tuesday evening that he had no at
torney and had taken no steps to employ
one, though he knew the papers had been
before tho House for sixteen days, the
committee ought to have said to him that
they could not postpone the matter on
CONTINUED ON SIXTH TAGE.
Both tbe method and results when
Syrup of Figs is taken; it is pleasant
and refreshing to the taste, and acta
fently yet promptly on the Kidneys,
aiver and Bowels, cleanses the sys
tem effectually, dispels colds, head
aches and fevers and cures habitual
constipation. Syrup t>f Figs is the
only remedy of its kind ever pro
duced, pleasing to the taste and ac
ceptable to the stomach, prompt in
its action and truly beneficial in its
effects, prepared only from the most
healthy and agreeable substances, its
many excellent qualities commend it
to all and have made it the most
popular remedy known.
Syrup of Figs is for sale ia 50c
and $1 bottles by all leading drug
gists. Any reliable druggist who
may not have it on hand will pro
cure it promptly for any one who
wishes to try it. Do not accept any
substitute.
CAUFORNIA FIG SYRUP CO.
SAN FRANCISCO, CAU
UUISVIUS. KY. NEW YORK, N.Y.
©he filel* Qouae.
JB@- OPEN UNTIL io O'CLOCK THIS EVENING.*®;
Second Day of the Special Four-days' Sale of
WINTER MILLINERY.
Hundreds of ladies and misses are happy to-day
in their purchases made yesterday of the best styles
m Millinery at one-third value. By to-night the
number will swell into thousands. Good news
spreads; business will double itself to-day. Choos
ings to-day will be better than Monday and Tuesday
next—last day.
A FEW OF THE MAKE-WAY PRICES:
4-inch wide All-silk Fancy-stripe Ribbon, only ...$ 20
Black Tips, reduced from 35 cents to 20
Black Tips, reduced from 25 cents to 15
Birds, 75 cents and $1, reduced to 15
French Felt Beavers, reduced from 52 75 to 75
Beavers, in all colors, reduced from £1 to 45
Fine Scratched Beavers, reduced from $1 75 to 50
Large Black Velvet Hats, trimmed with plume, tips
and birds, £S 50; sale price 3 75
New style Toque, $_ 50; sale price 2 45
Your choice in Felt Hats, in all colors, latest styles... 15
Trimmed Felt Hats, Ladies' and Misses'
75c- 95C $1 35- $1 75- $' 95, 2 50
ABOUT ONE-THIRD REGULAR I>RICE_~
Large Wings, all colors, 15 cents; reduced to 3
Large Black Wings, 25 cents; reduced to 10
Large Black Wings, 15 cents; reduced to 5
The $1 and >*i 25 Majestic Caps, sale price 45
The $x 50 Baby Bonnets, sale price 75
Jersey Caps _
ETC., ETC., ETC.
OUR WINTER~CLEARING SALE
From Every Department in the House.
SOW ON THE COUNTERS TO-DAY—WONDERFUL PRICES!
Large bottles Aqua Flora Florida Water, 12c a bottle Superior grade
Shaving Soap, 2c a cake Scissors, 6-iuch blades, 5c a pair
Gents' Extra Heavy and Fine Open-front Shirts, with collars, 75c
each Gents' High-crown Stylish Felt Hats, 75c Ladies' Super
Merino Underwear, 3SC per garment Ladies'" Extra-fine Linen
Hemstitched White Handkerchiefs, 10c 24 yards Extra-fine White
Linen Torchon Lace for 25c Fancy Colored "and White Kuching, 5c
a yard Children's Vandyke Pattern Embroidered Bobinett Collars,
i5c Ladies' White and Mourning Linen Cape Collars, 5c Men's
Dark Fancy Satinet Suits, sizes 35 to 42, $3 50 Ladies' Linen
Cuffs, 5c a pair.
FIFTY SPECIAL BARGAINS IN BOOTS AND SHOES.
Child's Kid Button, spring heel, sizes 4to 8, 50c a pair Child's Grain
Button, solar tip, with heels, sizes Bto 11, 75c a pair Old Ladies'
Glove Kid Congress, sizes 4toB,ft 25 Men's London toe and tip
Congress Gaiters, flexible sole, $1 25 Men's London toe and tip
Hook and Lace, fancy top, $1 75 Men's Fine Goat Slippers, pat
ent leather trimmed and backs, £1 Ladies' Fine Kid Button, opera
toe, 2to 6>_, $1 19 Ladies' Grain Button, double sole, screwed,
worked holes, sizes 3^_ to 7, $1 19. Etc., etc., etc.
C. H. GILMAN,
Red House, Sacramento
i-clu-ntie: s. floberg,
WATCHMAKERS AND JEWELERS. 428 J STREET, BETWEEN FOURTH AND
I KU. dealera in WATCHES, JEWELRY and DIAMONDS. REPAI KlN<' in all its
branches a specialty, under Mr. Floberg. Agents for ROCKFORD W*ATCH COMPANY.
J&. WACHHORST,
LEADING JEWELER OF SACRAMENTO, AGENT FOR PATEK, PHILIPPE _:
CO.'S WATCHES—best in the world. Sign ot the Town Clock, No. 315 J Street,
Sacramento.
Geo. Wissemann, I I R A I — \) /^ St. Louis Beer.
Age.n-t for *5- [— j\ /j |__X Always on tap at Wisse
*oao Fourth St., Sacramento. |__ I IV I I OS^mli.e^p.filT8
T TFnTfl For lmProved and
■ IrKIIT economlccookery. Use
LlLil/IUI it for Soups, Sauces,
Made Dishes. (Game,
n * Fish, Etc.) The purest
1 fl 111 11 .11 V . mcatPreParation.Con-
V U 111 Ull 11 ! IJ-tains no added salt.
i V lis cheaper and of finer
flavor than any other
i^a i nj\\v l Gne pound equal to
_. n _!__ _ forty pounds of lean
(__)j £_>©(_. I beef of the Value of
* about .7 50.
fj Genuine only with
X^m_^^^ a»_^g* B*llB yon Lle
/] * V_r big's signature as
" shown.
PLAZA CASH GROCERY
HOECKEL _ CO., Proprietors,
—DEAT.EES IN—
Choice Teas and Coffee.
LOOK AT OUR BARGAINS:
Gilt Edge Butter at 75c per roll.
Fresh Ranch liutter at (JOe per roll.
Fresh Ranch Eggs at 35c pei- dozen.
Tomatoes, lOc per can.
AVo are still selling that fine lot ot
Honey at 10c per comb.
Give us a trial. We are sure to suit yon.
Bulk Teas and Coffee a specialty
d23-tf
TRUSTEES' SALE OF REAL ESTATE.
"IXriIEREAS, OLIVER E. HOTCHKISS
TV made a certain deed of trust to W. P.
Coleman and F. R. Dray, dated December 12,
1889, and recorded on the 13th day of De
cember, 1889, In Book Number 121 of Trust
Deeds, at page 305 and following, records of
the County of Sacramento, State or California,
the said trust deed conveying the real prop
erty hereinafter described, for the purpose of
securing the payment of a certain promissory
note of even date therewith, made by Oliver
E. Hotchkiss; and whereas default has been
made in the payment of the principal and in
terest of said note, now, therefore, by the au
thority vested in them by said trust deed, and
upon application of the owner and holder of
said note, the undersigned, as such Trustees,
will, on MONDAY, the 9th day of February,
1891, between the hours of 10 and 11 o'clock
A. M., in front of the (;ourt-house door, in the
City of Sacramento, County of Sacramento,
State of California, sell at public auction to
the highest bidder for cash, in United States
gold coin, all the said real property, situate in
the County of Sacramento, State of California,
and described as follows, to wit: Aliof sections
twenty-two (22) and twenty-seven (27) In
Township Eight IS), nortli of Range Seven (7)
east. Mount Diablo base and meridian, lying
north of that part of the Omoehumnes or
Sheldon Grant, known as Upper Davlor
Estate, excepting therefrom the west
half of the northwest quarter of said
section twenty-two (22), and contain
ing five hundred and forty-three (648)
acres, more or less; also, all water rights and
water ditches and privileges now or hereafter
In any way appertaining to, or used, or con
nected with said lands, together with all the
improvements and appurtenances belonging
to said land. s
Sacramento, January 14,1891.
F. R. DRAY. Trustee.
Jals-TTS3w W. P. COLEMAN, Trustee,
S. CARLE,
SUCCESSOR TO CARLE _ CROLY, CON
tractor and Builder. Orders solicited and
promptness guaranteed. Ofliee and shop,
[ 1131 Second St., between X and X_
OLD BOURBON
GEO. E. DIERSSEN _ CO.
Have secured the Sole Agency
for the Pacific Coast for this
brand of PURE Kentucky
Whisky. Saloons will find it
superior to many advertised
brands., and we recommend it
especially for
MEDICINAL and FAMILYTRADE.
d'.-TTSaly
" CIGARS,
Cigarettes, Tobacco, M,
ETC., ETC.
We buy for cash and sell for
cash. We take no risks and
charge for none. We employ
no traveling salesman. In
short, v/e claim that under our
system of doing business we
can give those who desire their
moneys worth advantages
that cannot be obtained else
where.
.£_. COOLOT,
SACRAMENTO,
Sole Agent for "Young Ladies' Cigar Factory,"
s9-ttToB
DR. JORDAN & CO.'S
%£3» Museum of Anatomy,
*e*____f! _■;__ MARKETSTRKKT.SAN
f_;___an I *)_ Francisco. Admission,2s
I gV&tau cents. Co and learn how to
B ■■ _ {_ avoid disease. Consultation and
(Mffil treatment personally or by let
lfl_Hw „ ter on spermatorrhea or genital
liT*WJr %. weaknesses and all diseases of
__ 1 K\ ,'"'n- send for book. Privato
li H •—Bee, 211 Geary street. Con
_________ sultation frees HUI-tfW
&**■ BUYS- A CORD~~
f\F OLD LUMBER WOOD. GET YOUR
\J winter supply now at Uie C. O. D. YARD,
Fourth and I streets.
5