Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-02-14
CALIFORNIA Z LEGISLATURE.
CONTINUED FROM FIRST rAsE.1


fact that ought to be written in letters u living light
upon the walls of the legislative hail. that the Con
situation cannot deprive ANYBODY of any natural
rights Who will say that the Constitution is higher
than the constitution OF manhood No Constitution
take away the right Of manhood and self preser-
vatIon, and the right Of man protect his family
He was willing to enact these laws, if for no other
purpose, to stand living protest against the
Burlingame treaty. Constitutions are made by the
people. They are made to protect the people. Then
in the name OF God is it true that Consti uions
TO be used as inst uments to destroy the people
who framed them? No; we will rise in our might
and assert our manhood.
Mr. SwEETLAND- Mr. Speaker ferries of Louder,
louder, J when Gabriel comes to wake the dead in
the last day, and blows his hon there will be some
who will cry Louder, louder" TLaughter.l He
was aware that there was difference of opinion as
to whether these measures were constitutional or
not He, too, was elected on platform pledged to
support the Constitution, and to pass all laws
saTy to carry out its provisions aud to rid the state
OF this Chinese curse. He intended TO make good
that pledge Ii the laws should be declared uncon-
stiutional by the Courts, they but render them
imperative. There Is treason in it. for when that
time comes We can abide by that decision But I'M
less we eXnerlm Mt We can never find out how far
we may safely 90 in that direction. Many laws are
passed at every session Of the Legislature which DO
not bear the test Of judicial scrutiny ard are found
to be in violation OF the State Constitution but
who will dare to say that the men who
introduce these laws are guilty of treason
the legislature so to the very verge or even beyond
it, and let the Supreme Court saw thus fur ami no
further This is the old cry. Whenever ANYTHING
has been sought in the past in the way of legisla-
ton, some rises up and solemnly interposes the
Constitution, which has different meaning to diff
ferent men. Let the Court say whether such laws
are constitutional or not.
Mr.. BRUNER said if the question had gone to
vote at once he would have voted Tor it, but in view
OF the Constitution he could OF vote for the meas
ure. No party can claim any credit on the score Of
Chinese emigration, but this is not in the right d
rection. The Republican party stands upon the
proposition that slave is not property, and that
the State has no right to override the United
States. The Co, stitption says the treaties are
among the supreme law of the land The treaty
says the Chinese shall have the rights of the most
favored nations. At that time the people believed
that the Chinese would be a benefit to the coast
We have no right to go back ON tdat contract.
r.sDsL. VALE said he heard gentlemen say that
they would 90 to the very verge to pass laws hut
when they,co not even within thousand miles
of that verge they shield themselves behind the
Constitutions. He disagreed with the learned gen
tleman from Alameda that this law is not consttu-
uonal The Supreme Court OF the. United states
has said that the State has the right to egslate in
matters necessary to selfpreservation. He cited the
case in the United States Supreme Court to show that
it has been held competent for the State act on it's
account The State has the right regulate the
business in her own borders. The question is Have
we the right TO prevent them from obtaining Ii
censes And hepreferred to take the decision of the
from Alameda.
Mr. SPENCER said the Government was created by
white men and for white men, The opposite view
has been taken by some; but at the formation OF
this Government it was created for the purpose OF
an asylum for Europeans. 1t was never intended as
a home for free Africans. In 1852 portion of
people began to realize the coming struggle He
was member of an anti.Chinese organization
eighteen years ago He believed that it was not
necessary to trampe under foot any Constitution.
The Constitution of the United States never contem-
plated invasion OF Asiatic coolies. Until the
Burlingame treaty has been proven constitutional,
no law passed here will conflict with the United
States 1t is denied that the treaty is constitutional
and If 1t falls then the State has full power. We
are pursuing the proper course We must defend
the Caucasian If this question is not settled
the Caucasian race will be tramped under foot.
They are fast crowding white men out OF every
dustry, and cannot afford to await the tardy
ton of the sisterhood of States We must help our
selves. We must exercise all the reserved rights OF
the State. When the Courts say we have gone too
| far then it is time to turn back.
Mr. MULHoLLAND said had it not been for the Re-
publican party they would have had no nation or
Constitution to quarrel about. The Republican
party poured out its hearts blood for the salvation
OF the nation That party has nothing to fear from
the poisonous fungus growth forced from the slums
of large city. He would remind the legal gentle
men that the Chief Justice of the United states
long ago declared that the Constitution granted no
| rights to one human being which another humgn
being was bound to respect. That was long ago.
/
We have grown out of such doctrine This decision
was made to cover n certain These efforts
not directed against the Constitution OF the United
| States but under it. When the supreme Court de-
clares that these laws unconstitutional he would
| bow to that decision. But it is our duty to do
everything power to heat back this horde of
heathens. Civilization is advanc ng From this
/ same prolific hive will come forth the horde to
swamp that civilization. 1t has done it in the past
and history will repeat itself unless the gates
shut our civilization Will go down did the
civilization of Rome and Greece. Let us stop the
| breach before the gap becomes too wide. We pro-
pose to do it constitutonaly, and in no other way.
Let the Courts whether they are constitutional
not
Mr.. YoUSG said lest some men might vote again
the bill under the advice of that legal Hminary
from Alameda, he would say something on the legal
aspect OF the There can be no doubt as to the
right OF the State to withhold license from any
class of citizens. The State has that right the
right to withhold title to land Noalen can hold real
estate here except by courtesy of the Legislature.
Some countries go so far as to prevent them from
inheriting real estate. Now, that power far
passes the power sought to be exercised in this
Such position has never been taken. The State
has certain reserved rights and this is OF them,
for there is nothing in the Constitution of the
United States withholding this right. The Consti-
tuition allows and commands the Legislature to pass
laws against those who detrimental to the vel
fare of the State. The Cinnamon are detrimental
to the country. The Cinnamon clear s6,000e00 per
annum and this money is transported to the cOun-
try across the great ocean. The State cannot
stand this great annual drain, and in this light
alone they greatly detrimental
Mr.. MUDADE said he felt certain that the bill could
have been passed without debate The members
willing to pass almost any law to mitigate this
evil. The Workingmen's party was instituted to
preserve the safety OF labor and this is their
great object. The other parties also unanimous
in their views on this question No party against
the object of this bill There is necessity for i'm
mediate action, and there is need of listening to
any lengthy argument. The question is familiar to
and no shnud he Iad
once. He dsprecated the onslaught which had been
made upon the bone and snew OF the State. Such
ideas emanate from those who think we can Chris
tianize these heathens They are the arguments OF
demagogues and hypocrites, who have done much
prejudice public opinion in relation to the ques-
ton. 1t is an insult to these starving to talk
about their going out to get farms They cannot do
it. and it is mocking them in their misery and suf
fering If something is not done soon the era of
revolution is not far off, and they cannot be blamed
for fighting to save their families from paupers'
graves.
The roll was called and the bill passed by vote Of
II to 6-Messrs Bennett Brooks, Bruner, Nelson,
Tyler WATSON of Mono
ANOTHER OF THE SAME CHARACTER
Mr.. BRAUNHART moved to take up Assembly Bill
No Am Act in relation to the issuance of license
aliens. So ordered. Without debate the bill was
passed by vote of CO to 5.
Mr.. Fox moved to take up Assembly Bill No.
126-An Act to enable the State Board of Equaliza-
ton to organize and perform its duties (by Mr..
May( The bill passed.
On motion of Mr. MEDALLION, the House took up
Assembly Bill No. 135-An Act to provide for the
removal of eliens whose presence is dangerous TO
the l-beng OF communities, outside the limits OF
cities and towns in the State Of California 10y Mr..
McCalon). The substitute reported by the COM
mittee was objected to by the author The substi-
tute adopted.
Mr. TYLER moved to strike out the enactng clause.
Lost The bill was ordered read third time
On motion of Mr.. CARR of Yuba, Assembly Bill
No. S9-An Act to provide for a poll tax upon alien
- o.. ~. =.
belD-was taken up.
Mr.. TYLER moved to strike out the words "aliens
ineligible to citizenship" He said it was unconsti
tutional under the State Constitution. Lost
The bill was passed by vote of So to 10.
On motion of Mr.. BRUSER, Assembly Bill No. 102 !
An Act relating to the appointment of aliens to
positions under State county. city and county, city,
or town officials (by Mr.. Maybell)- taken up,
and passed by vote of SO to H.
On motion of Mr.. ADAMS, Assembly Bill No. ls4-
An Act to provide for the keeping Of accounts in the
English language (by Mr.. McCallion) was taken up
Mr.. MAY moved to insert, "or some European
language" Adopted.