Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-01-21
CALIFORNIA LEGISLATURE.
XIII. sEssIoN-sIXTEENTH DAY.
[Phonographically Reported for the RECoRD-U
by Willis & Stockton
SENATE.

SACRAMENTO, January 90 1850.
The Senate met at 10 A. NJ, pursuant to adjourn
ment, Pres deEt Mansfield in the chair.
Roll called and a quorum present.
Journal OF yesterday approved.
Mr.. MORELAND introduced petition OF four hun
dred residents of the southern end OF Sonoma
county, praying that of the two Superior Courts
Of that county be held at petaluma. Referred TO
Judiciary Committee
MIR. NYE, from the Judiciary Committee, reported
back Senate Resolution No. 20 (proyiding for station
cry to the amount of S25 to each senator), recon-
mending its adoption. So ordered.
Also, reported back Senate Resolution No. 10 IAN
other resolution relating TO stationery recommend
ing that it be laid on the table. So ordered.
Also, reported back Senate Bill No. 10 (relatng to
the foreclosure of mortgages), recommending its in
definite postponement.
Also, Senate Bill No. So (providing for four Dep
uty Clerks of the Supreme Court, recommending Its
passage.
Mr. CHENEY from the Committee on Engrossment,
reported Senate Bill No. SO as correctly en.rossed.
INAUGURATION CEREMONIES.
Mr.. DICKINSON. from the Committee on Inaugural
ton Ceremonies reported that the total expenses Uf
the Inauguration were sS79 rs. OF this amount
there is chargeable to the account Of the Assembly
S403 so.
A resolution to pay tie balance (s476 25) was in
troduced by Mr.. DICKINSON Adopted.
INTRODUCTION OF BILLS
Bills were introduced, read first time at length,
and referred as follows:
By Mr.. HITrELL-An Act to amend Sections 367,
372 and 373 Of the Code OF Civil Procedure, relating
to parties in civil actions.
Also an Act to add a new section to the Code of
Civil Procedure, relating to the place Of commence
ment of certain actions respecting real estate
Also an Act to amend Sections 1914 and 39S Of the
Code OF Civil Procedure relating to the place of trial
Of civil actions.
Also an Act to amend Sections 407 and 4I2 of the
Code of Civil Procedure, relating to the manner of
commencing civil actions
Also an Act to amend Sections 1872, 454 and 473 of
the Code OF Civil Procedure relating to peadngs in
civil actions.
Also an Act to amend Sections 4SO, 493, 525, 54S,
554 $50 and sos OF the Code OF Civil Procedure re-
lating to provisional remedies in civil actions.
Also, an Act to amend Section 593 OF the Code of
Civil Procedure relating the entry Of civil
on Court calendar.
Also, an Act to amend Sections 613, 6l7 and 6lS
OF the Code of Civil Procedure relating to the trials
by jury in civil actions.
Also an Act to repeal Section 663 of the Code of
Civil Procedure.
Also an Act to amend Part !. of the Code of Civil
Procedure and each and every title chapter article
and section of said Part l., and substituting new
Part l. to take the place thereof in said Act relating
to Courts of justice and various officers connected
Herewith.
These bills for the purpose OF making the
Code conform to the requirements of the new Con-
stitution.
tion of bonds OF the State Of California held in pri
vate hands. Committee on Corpor ations
By Mr.. BURT An Act prescribing the manner Of
assessing the capital stock and franchises OF
porate companies and iointstock associations. Com
Inittee on Finance.
By Mr.. PARDEE-An Act to amend an Act entitled
an Act to amend an Act entitled tAn Act to ncor-
porate the city of Oakland, passed March 25, 1854,
and repeating certain other Acts in relation to said
CITY," approved April 81, 1862. Providing that the
MayOr elected
over the Council and have the casting ,ote in
Of a tel Judiciary Committee
By Mr.. TRAYLoR (by request)-An Act appropria-
ting money for the relief of Louisa Kohler This
Act approprates $40 900 for the relief OF the widow
OF Herman koher murdered at San Quentin by
Dever, who was executed last week. judiciary
Committee.
BY Mr. EYos-An Act to amend Section 1881 OF
the Political Code. tProviding for public canvass
Of election returns.
The Senate took recess until halfpast o'clock.
AFTERNOON SESSION.
The Senate reassembled at l:30 p. NJ, President
Mansfield in the chair
Roll called and quorum present
STATE PRINTING APPROPRIATION.
The special order for this hour was the report of
the Committee on Public Printing, to whom wasle-
ferred Senate Bill No. II, making appropriation
for the State Printing Office for the fiscal year 1880
with Instructions 10 furnish an itemized estimate of
the amount required.
Mr.. HILL, Cha rman, reported an estimate OF the
items aggregating SiS 420 and returned Senate Bill
No. II, with recommendation that it pass without
amendment.
Mr. RYAN as he understood the proposition
before the house the other day, the report was re
ferred back to the committee, with instructions to
offer a substitute for the BILL giving the Senate the
items in the bill ITSELF and that this report did not
come up to the requirements of the resolution.
Mr. HILL said that as the committee understood
the matter, the bill was recOmmitted, with insruc-
tions to repor, itemzed statement estimate,
and with power to amend the bill in any particular
way they saw ft-but not that these items should
be incorporated in the bill itself. In accordance
with those instructions the committee furnish an
itemized statement, which brings the amount up to
some So 420 more than called for in the original
bill but the committee did not deem it necessary to
amend the bill, and insert the full itemized state
ment in it that statement is furnished explana-
tory only. Ii the Senate fit to amend the bill,
SO as to appropriate the whole amount OF SiS, ,000
the committee were perfectly willing, hut they had
the passage of the bill without
amendment in order to be on the safe side.
Mr.. JOHNSON said that with the statement OF
the committee of the estimates, showing the
total amount OF $3,420 more than called for, he
thought there could be objection to the passage
of the bill. He thought the same as the Chairman
Mr. Hil that it was SIMPLY for the committee to in
vestigate and report what the money was to he
used for. They have done So Two of the commit
are practical printers and the wise course would
Mr. RowELL said that Of the amount asked for
about S. 600 is for material already purchased that
has not been paid for. The press and 5000 pounds
OF long primer were purchased by the last State
Printer. The payroll contains ffty-f ,ur
names and will not likely be increased The
average price paid printers is 327 week The pay
roll also includes $500 month paid the State
Printer. These items cover very near the entire
expenses necessary during this term and for six
weeks after the term will have expired. He did not
think that less amount than Si5 900 could be got
along with.
Mr. PARDEE said that two of these items were for
housekeeping and horse-shoeing, and wanted TO
know whether the printing to be done by horse
power,
Mr. JOHNSON said that the press would be run by
seam aud that the horse was necessary for the pur
pose of delivering the material between the Printing
Office and the Capitol
Mr. ESos said that he was little sensitive on
this matter OF horse shoeing because in San Fran
cisco there had recently been brought in bill of
81 800 for shoeiDg horses for the city officials and
he did not wish anything cs that kind in Sacramento
if he could help it.
The President pro tenn. Mr.. BAKER, said that this
being the third reading OF the bill if it is to be
passed as an itemzed bill, it ought to go back to
the committee with special instructions to that
effect.
Mr.. SEARs-It was certainly the intention, when
this bill was recommitted, that the committee
should examine into these items, and they should
then amend this bi to each item stating
tended but it seems the committee did not so un-
derstand them, because it mentioned by several
Senators that the press aud type had been pur-
chased months ago, and the price of that material
could be ascertained and that could be covered bya
separate appropriation; and so on in regard TO the
other items. do not like to vote on this bill in
its present condition. | prefer to vote whatever
money is absolutely necessary to cover each item
required, and not lump it in one mass. II abso-
lutely necessary, do not object to it, but for the
purpose OF testing the question: will make a
ton that it be recommitted with instructions that
the committee separate those items and make
separats appropriations for each one.
Mr. JOHNSON moved to amend, that the committee
be instructed to report Immediately.
Mr.. SEARS said he could not accept the amend.
ment because the committee weuld need to have
time to frame substitute bill.
MIR. WEST hoped that the reference would be
made. just and correct system of business
quires that all appropriations made fer the different
State institutions should be made on an itenized
account, and that only much of the amount ap
propriated for each particular purpose should be
used, and no more.
Mr.. JOHNSON said that he desired the same Iule in
this case that has prevailed ever since California