Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-01-07

claim To have them read az full length except upon
their final passage. believe it would be entirely
length on the final passage The words Eat length
not being used the first and cond times, they Of
course are only app picable to the third time
Mr. SEARs-I also have given this question con-
siderable investigation, and have arrived at the
same conclusion that Senators Satterwhte and
johnson have. The object had yesterday in making
motion for Committee on Rules was in order that
we might settle this question before ans bills were
introduced But the question has now come upon
US. and as it won't make any difference with the
bill, would simply request the Senator from Sacra
'nento to withdraw the bill bills until have set
OF rules adopted by the Senate for the government
Of this very question. II bills are to be read
through three times (this may be excellent BILL
but we will suppose it is bad billy now to take up
the time OF the Senate to read bill through every
Senator may be opposed to would be a great waste
of time. l do not think that that clause in the
Cons tuition will bear that construction, and
think our worthy Lieutenant Governor will agree
with US when he comes TO examine it fully
IL does provide that it shall be read at length on its
final passage, and therefore the inference would be
that it is not necessary to read at length on the
first and second readings.
Mr.. Esos-1 de not agree with the gentlemen
that have preceded me | think that the Consti
tuition requires proper construction of it-that all
bills shall he read three times and on three distinct
different days. Reads Section Is OF Article w,
above quoted.l think that the Constitution re-
quires that every bill shall be read three times and
on three different days.
Mr.. DICKINsoN--I also have examined this aues-
ton as to the reading of bills and have collected
some authorities on the subject, though l have not
got them here now But think shall be obliged
in compliance with the Constitution, to read these
bills at length. The provision found in Section l5
OF Article lquotes last two clauses Of seetionl
says that on its final passage it shall be read at
length. There are one ortwo Supreme Courts Think
the Supreme Court Of Nebraska and the Supreme
Court of Minnesotas-haye interpreted a similar
clause in their Constitutions, and they hold there
that the reason why the language is used that on
the final passage of bills they shall be read at length
IS to make 1t compulsory upon the legislative body
to do it, and take away from them the power which
is conferred upon them by the first part of the Sec
ton, where they may dispense with the FIRST and
second reading bp two-third vote. The object OF
the latter clause is TO remove the power from the
legislative body. They may dispense with the first
two readings tthey shall not dispense with reading
at length on its final passage The Constitution of
Alabama contains clause exactly like this, and in
case in Is Alabama that clause inter
preted directory. But our Constitution
contains clause that makes it mandatory and pro-
hibitory similar provision exists, l think in
eight or nine State Constitutions Except for that
clause in the Constitution which provides that it is
mandatory and prohibitory, should agree with the
gentlemen who first stated their views, that it
was merely directory and that the legislative body
might overlook it or ignore it and dispense with it
but am satisfied that under that provision OF the
Constitution and in view of the decisions which have
been rendered on this clause-almost the exact Ian
guage-I am satisfied that we shall be compelled, il
We comply with the Constitution, and believe we
all desire and intend to do that to read these bills
three times, except by two-third vote dispense
with the reading the first and second times. But
we cannot at any time dispense with the reading Of
the bill on Its final passage.
Mr.. DAVIS regard this as q very important mat
ter and one in which every Senator is individually
interested. If bill be introduced here and take
the suggested by the Senator who first spoke
and it should be decided hereafter that the gentle
man who last spoke is correct, such bill fails to be-
come q law. Ii l introduce bill here and have 1t
passed, want it passed so to become law. |
have notexamned the matter particularly becausei it
seemed to me that 1t would need no examination
AS read it and as | understand the English Ian
guage, it seems perfectly plain that bills must be
read three times, on three different days. II we
dispense with two readings it will be great ad-
vantage to all Of US; but when bill is passed
want to know that 1t is to become law.
After some discussion it decided to allow the
bills introduced to be read by title and ordered
printed, with the understanding that they should
have their precedence OF introduction, but not
sidered as having been read the first time
By Mr.. JoHNsoN-An Act to provide for the pur.
chase OF a Governors mansion. PROVIDES for pur-
chasing Governor Stanfords house for Governors
mansion. and appropriating 900 therefor. All
to be under direction of Governor Perkins.
By Mr.. JoHNsoN-An Act to prevent the accumu-
lation Of large landed estates. PROVIDES that no
person shall devise than 320 acres of land and
the balance shall be divided according to the statutes
of descents aud distributions.l
By Mr.. ENos-An Act to provide for trials upon
Information. Provides for speedy and immediate
trials after preliminary examinations before the
committing magistrates, and provides for the same
proceedings as had upon trials upon indictments
Makes it the duty of the District Attorney to file in
formation.l
The following resolution was adopted
Resotued, That committee OF five Senators be
pointed by the President, whose duty it shall be
to draft rules for the government of this body.
The LIEUTENANT. GOVERNOR appointed as such
committee Senator Sears, johnson, Watson, Dickin
son and Satterwhite.
Mr.. WATSON offered the following, which was
adopted
ResOlced, That committee of three be appointed
to ascertain the amount due the temporary officers
The LIEuTESANT-GovBRNoR appointed Senators
Watson, West aud Pardee.
On motion of Mr.. DICKINSON, at $3.50 the Senate
adjourned until to morrow at IL o'clock \. NJ.