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

law provides for Chaplain for this body Ii that
he the case | shall oppose the motion ON that
ground. s
Mr.. CHASE Whatever respect may have for the
clergymen or their religion, l cannot consistently
vote for this resolution nor for Chaplain. III
understand the Constitution it prohibits our paying
money out Of tha treasury for any religious insitu
tion or religious purposes, and as we have already
decided in this Stte that religion is not necessary
In the schoolS--prayers are not necessary in the
schoels-l think they not necessary in the Leg
isla.ure. / do not know that prayers are any part
OF legislation that they have any part in the law
To me it seems that it is extraneous. and that it
is prohibited directly by the Constitution / will
not take up the time OF the Senate by reading the
articles which seem to me to prohibit the expendi
ture of any money for any religious purposes. do
not believe have any right to pay for the services
OF clergymen either in this hall er elsewhere.
Mr.. JoHNsoS-As to the legal proposition which
the Senator from San Francisco has given us by our
presiding officer have this to say, that koow Of
10 law which says that the Senate of the State of
California shall not use the contingent fund in such
manner it thinks best. On contrary, the Senate
OF the State Of California can spend every quarter f
dollar in the contingent fund of the Senate in the
purchase OF anything it DESIRES whether it be sta
tionery, salaries for new officers in presents to
this man or that man. And il precedents to
govern, would refer him to the last session, pre-
sided over by the same gentleman who presides over
us so ably and kindly where officers were elected
with his consent and reeeeed their pay upon his
signature, to wit, night watchman to wit,
mail carrier; to wit, watchman of the gallery
to wit, clerk to the Sergeant-at-Arms to wit,
clerks OF the various committees. Now I call at
tention to that simply precedent. Now, when
1t comes down to the grand constitutional
question, have simply to say that recognize
the fact that this celebrated new Constitu-
tion, which have all to support,
and suppose we can, although will find it diff
cult to do sometimes, commences thus "We, the
people OF the State Of California grateful to Al
mighty God for our freedom and in order to secure
and perpeuate its blessings, do establish this Con-
sttution." 1t seems to me that the gentlemen who
framed this organic law were not afraid to recognize
their dependence upon Almighty God So far as ap-
propriating money for religious purposes, if the
gentleman will show me the section which applies
he will be able to show me great deal more than
have been able to find. The only one which refers
to it at all is section 80 of Article ": "Neither
the Legislature nor any county, city county,
township school district other municipal corpora
| ton, shall ever make an appropriation from any
public fund whatever or grant anything to or in aid
Of any religious sect, church, creed, sectarian
purpose, or help to support sustain any school,
college, university, hospital, other institution
controlled by any religious creed, church. or
any grant donation Of personal property
or real estate ever be made by the State, or
any city, city and county, town, other munich
pal corporation for any religious creed, church
sectarian purpose whatever; provided that nothing
in this section shall prevent the Legislature from
granting aid pursuant to section % Of this article
Now it may be that some cautious metaphysican
may construe the election of Chaplain and the
paying him OF small per diem into an appropria-
tion to support or sustain some religious sect,
church, creed, or sectarian purpose. For one, my
mind is not fine enough to see the distinction For
one, am in favor Of having Chaplain believing
it to be legal and constitutional and knowing it to
be proper. This is Christian community, and
recognizing the fact that we dependent, in the
language ct the Constitution, and that CRATE
ful to Almighty God, how can we better manifest it
than for few minutes at least each day putting away
secular affairs and invoking religious aid make
no pretenson to any particular religious belief Per-
haps might agree with the gentleman in his views,
but am speaking Of this an old and honored Gus
tom. believe it to be proper one. | believe 1t
to be legal one. hope the Senate will adopt the
resolution and not depart from custom SO old, so
honored and so good as that OF having Chaplain.
Mr.. .ENosI offer the following as an amendment
to the resolution
The LIEUTENANT. .GovERNoR-The Chair desires to
state that he is perfectly of the fact that all
of this matter is out Of order until the Senate is
ganiZed. am perfectly satisfied Of all this vet we
may as well act now as at any time.
Mr.. ENos offered the following substitute for the
| resolution
Resoiped That the Senate hereby invites any and
sll clergymen of Sacramento to tend the opening
| of the Senate each day without pay.
Mr.. ENos-Now, Mr. President, as we are q
Christian community, and as my distinguished
| friend from Sacramento has championed the cause
of Christianity and the recognition Of God in the
Constitution and in the Senate Chamber, trust we
can get GOQ servants 10 come mere without pay
and give us a little spiritual warning and advice,
and trust the Senate will accept this as substi-
tute.
Mr.. SEARs-I move that this whole matter go over
until tomorrow, or until We are fully organized.
The LIEUTENANT GOVERNOR Both will lay over
until to morrow.
Mr.. JoBssoS-I move that we take a recess until
2:30 o'clock.
The motion prevailed.
AFTERNOON SESSION.
| Governor johnson in the chair. ho called and a
quorum present.
ASSEMBLY MESSAGE.
A message was received from the Assembly an
| nounclng the adoption Of Assembly Joint Resolu-
tions Nos. l. and 3.
The Secretary read Assembly Concurrent Resou-
ton No. j, providing for joint session Wednes
day, January Z, 1880 at u o'clock to the
vote for Governor and Lieutenant Governor, and it
was concurred in.
Assembly Concurrent Resolution No. 2, providing
for joint committee of six to wait the Governor
and Lieutenant Governor-elec and ascertain what
time they will be ready for Inauguration was read
and concurred in.
for JOINT committee OF six to wait Governor Ir
win and inform him that the Legislature was or
ganized and prepared to receive any communication
he might be pleased to make to it, was read and
concurred in.
The Lieutenant Governor appointed on the part
of the Senate under the last resolution, Senators
Pardee, Watson and Brown.
Mr. JOHNSTON called up his resolution, introduced
this morning, providing for Committee on Ar
rangements for the Inauguration of the Governor
and Lieutenant Governor elect, and it adopted.
The Lieutenart-Governor appointed on the part
u the Senate, under that resolution, Senators Dick
nson, Johnston and Satterwhite.
Senators DICKINSON and DAVIS Withdrew the
utions offered by them, and covered by the Assem-
bly, concurrent resolutions that had been concurred
in.
Senator PARpEB, from the Special Committee ap-
pointed to wait upon Governor Irwin reported that
they had performed that duty and that in few
minutes the Senate would receive the Governors
message
BIZ Is INTRODUCED
By Mr.. JoHSsoy-An Act to compel the restriction
of false and defamatory articles in newspapers and
publications This bill is an exact copy of the bill
introduced by Mr.. johnson in the Assembly at the
last session, and which attracted so much atten-
ton
The LIEUTENANT GOVERNOR Under the old rule
we we're in the habit Of reading bills by title ID
referring them. Under the new Constitution We
have got to read this bill.
Mr. SATTERwHITE-I differ with the Chair on that
proposition and will state why.
The LIEUTENANT NTGoyERNoR-l hope that the gen
tleman will be able to show that it is not necessary
but am inclined to think that it is.
MESSAGE FROM THE GOVERNOR.
Z. W. MAsLIN, Private Secretary of Governor Ir-
win appeared in the Senate Chamber and said: /
have the honor to transmit to you a message from
to the Legislature of this State Also, to transmit
to you the Governors me ssage announcing certain
appointments, with the request that the Senate
confirm and consent to the same.
On motion of Mr.. JOHNSON, the latter message
was made the special order for Thursday at
o'clock.
The opening of the other message was read and
on motion of Mr.. BROWN, it referred to the ap.
propriate committees when appointed, and 1000
copies ordered printed.
Mr. SATTERwHITE-I think that the first and sec
ond reading of bill may be by title, but on the
third reading it must be read at length. Our Con-
stitution provides ''Nor shall any bill be put
upon its final passage until the same, with the
amendments thereto, shall have been printed for
the use of the nibers; shall any bill become
law unless the same be read three several days
in each house; unless, in case of great urgency
two-thirds Of the house where such bill may be
pending shall, by vote of yeas and nays, dispense
with this provision. ANY bill may originate in
either house, but may be amended or
rejected by the other and the pas
sage Of all bills they shall be read at
length, and the vote shall be by yeas and
nays upon each bill separately and shall be entered
on the journal; and no bill shall become law
without the concurrence Of majority of the men,
bers elect ed to each house" have compared that
provision of Constitution with other Constitu-