Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-04-12
ASSEMBLY,.

SACRAMENTO, April 10, 1880.
Assembly met at $3.50 A. NJ, Speaker Cowdery in
the chair.
On roll call quorum present.
Prayer by the Chaplain.
Reading Of minutes OF Friday was dispensed with.
REPORTS OF COMMITTEES.
Committee on County Governments recommend
the passage of Senate Bill No. 404 relative to public
highways. Also, Senate Bill No. 3S4, to establish
free public library and rea ing rooms
The CHAIR appointed committee to investi-
gate the charges made by Mr.. Tyler against Assem-
blyman Braunhart, Messrs. McComas, Coffman and
Mcguire.
Committee on Indian Affairs recommended the
passage of Senate Bill No. 42l relative to playing
games of chance.
Committee on Fish and Game recommended the
passage Of Senate Bill No. 332 relative to the main
tenance OF fish ways
Mr. DEL VALE, from the Committee of Confer
ence, relative to Senate Bill No. ia recommended
that Assembly recede from its amendments.
Adopted.
Mr. MAY, from the Committee on Ways and Means,
asked that Senate Bill No 55, appropriation for
the Sta Printing Office, be declared case of
urgency and passed, as there money to pay
the printers The rules were suspended and the bill
passed-ayes 50, noes g.
COMMITTEES on Appropriations recommended the
passage Of Senate Bills Nos. 343 and 1S3. Also that
Assembly Bill No. 276 do not pass.
Mr. SwEErLAND called up on third reading Assem-
byNo 505An Act TO grant to certain parties therein
named the tight OF way for railroad from the town
OF Truckee to the town of Quincy (by Mr. Walker).
MIR. COOPER said this bill was special legislation
and brought in to the exclusion of bill to give
county governments to all the counties In the State.
Mr. SwEETLAND said the bill had been before the
members and thev had had full opportunity of ex-
amining it. 1t simply gave the right of way to
build railroad The bill was passed-ayes 81,
noes L.
COUNTY GOVERNMENTS
Assembly Bill No. 519-An Act to amend sections
L.. II 10, rnlA t.aA s,.n
ILL., " and V, Part " Title II, and to add other
sections thereto and to establish system of county
governments (by Mr.. Felton)-the special order for
the day. was taken up.
MIR. LAME now move the previous question on
all the special orders. [Laughter.l
Mr.. MCCARTHY of San Francisco move previous
question the bill. 1t done in the Mcclure
charter matter, and what is sauce for the goose is
sauce for the gander.
The Clerk read the bill by sections.
Mr.. FRASER offered an amendment to Section 8,
making the payment by the sinking fund In thirty
years instead Of twenty. Lost.
Mr. Fox moved to amend that nothing in Sub
division l. Section 3, should apply to the road fund.-
Carried.
Mr.. CARR moved tina. the subdivision be strickt n
out. Lost.
He then moved the school fund also be exempted
Carried.
Mr.. MORSE moved to amend by electng the Su er-
visors by the people, and not at large Adopted.
Mr. SHERBgRN moved a substitute for Section Z,
by making the election in 1880 and entering upon
office in 1881, and that the Supervisors elected to
office should classify themselves that one half OF
their number nearly equal to one-half, as may
be- shall go out of Office at the end of two years.
Mr.. HARRISON thought the matter could be simpli-
fled by giving authority to fill vacancies by appoint
ment.
MIR. DEL vALLE did not think it proper that the
Governor should ha the power of filling vacancies
when they occurred in July next Those special
laws in counties would not be affected by the gen.
eral law.
Mr.. McCoMAs took the same view, and thought
Mr.. Sherburn's amendment should prevail.
Mr.. ANTHONY thought this question of election or
appointment should be settled right here on this
Supervisor question.
Mr. TYLER thought the question should be divided,
ami to get the OF the House he offered reso-
luton that it is the OF the House that Super
riso should hold Office for four years.
The Clerk read Mr.. Sherburn's substitute and it
was adopted-ayes 46, noes "a.
COMMITTEE oP CONFERENCE.
Mr. CAMRoN presented report from the Commit
tee Conference recommending that final adjourn
ment be made at noon April 10th.
The CHAIR decided that the committee had ex-
ceeded their authority and the report returned
The committee afterwards reported that they were
unable to agree, and recommended that a committee
of free conference be appointed.
Adopted, and the same committee appointed.
| DISCUSSION RESUMED.
NJ Fox offered an amendment to Mr.. Sherburn's
which require that three from odd districts go
of office at the end OF two years. and their
| be elected in 1882.
| Mr.. ANTHONY moved to amend Section by desg.
mating the Judges of the Superior Court to appoint
Supervisors instead of the Governor, whenever
! cancy occurs by reason of a special law.
| Mr.. MAY and Mr.. TYLER opposed the amendment
claiming that it was particularly Objectionable to
| San Francisco, and Messrs. MCCARTY OF Lake, and
| SwEETLAND favored 1t.
Mr.. YoUNG offered amendment, provided that
to facilitate such appointments the Superior Judge
| Inr nj u may tba pnt
names OF one or more proper persons for such posi-
| tion Lost.
Mr. MORSE moved to amend by making the eldest
Superior Judge in the county the authority to ap
point. Lost.
Mr.. Anthony's amendment was adopted. Ayes
| 80, noes 35.
For county purposes the tax in all counties of the
10th class fixed at not exceeding 81 90 per hun
| dred dollars.
Mr.. CAMRoN reported that the Committee of free
conference on adjournment had determined that the
| Legislature should adjourn sine die April 16h
| Mr.. MATHEWS regretted the conclusion of the com
mittee. He constitutionally opposed to extend
ing the time a single day beyoId the one hundredth
The Const tuition intended an adjournment should
| be made in hundred days. He thought it best to
set an example to future Legislatures.
Mr. HARRISON said important legislation upon
the files, and he thought the people would indvrse
the action of the members if they remained.
| Mr.. May after careful consideration of the sub
| ject. thought that the important legislation now
pending should be disposed of.
Recess.
! AFTERNOON SESSION.
The Assembly rcconvened at 2P. NJ, and the report
Of the Free Conference Committee relative to final
| adjournment was taken up.
Mr.. McCARTY Of Lake had been all the time in
| favor of adjournment when the hundred days ex
pred. II the members could not all be held here an
injustice might be done to the people
Mr.. TYLER said no member OF the House dare leave
it. and they could be brought back by the Sergeant
alarms. He hoped the report would not be adopted
| II the House the most important bill of the
session it would have to adjourn Refuse to concur
go to work men, finish up the work OF the session
| and then adjourn.
Mr.. FELTON, hoped no more time would be wasted
| in this discussion.
Mr.. ANTHONY said it matter of importance.
From principle he should vote against the adoption
of the report. Members should be willing to finish
their work. Pecuniary matters should not be con.
sidered. he Governor had the power to call an
extra session but it should be avoided il possible
| IL would be impossible to get through by Friday.
| Mr.. Cook under the circumstances would adapt
| himself to the situation. His Republican friend.
were in tight place and he proposed to help them
out. When they showed fair disposition, as they
did the other night he in favor of returning the
favor. Besides he knew he could serve the State by
remaining few days and be proposed to do so.
| Mr.. DUBRUTz said the people wanted this body to
| adjourn They wanted real estate to take boom,
and for Gods sake break up this menagerie
| lLaughter.l
Mr. MAYBELL wished to adjourn on the 18th. He
was glad there were so many patriots willing TO
work for nothing, but men who would do this were
usually those whose services were worth less. He
was opposed to serving single day after his pay
ceased. T1ere was no justification of extension
| of the session.
| Mr. ADAMS moved that the resolution be laid
| on the table. Lost.
| Mr. CAxRoS said the Senate had refused to ad-
journ the 18th. The 10Th had been finally agreed
upon, and he thought the resolution should be
adopted He did not wish to have the session post
| poned from week to week and day to day. Some
| thing would have to he conceded to the senate.
| Mr.. MoLHoLLASD (AIr. Frazer in the chair) said
| the right to stay longer than hundred days was
| based upon forced construction OF ambiguity
| in the Constitution. The Governor had the author
| ity to call an extra session. The Governor some
| time ago declared that under no circumstances
would he call an extra session. Let every man ask
! himself if there were not some bills in which he
| had personal interest he would not be in favor
OF adjournment.
Mr.. McCoNAs willing to remain two weeks II
necessary to complete necessary legislation de-
| manded by the people.
! Mr.. Fox said til re had been no bill upon the files
of this House in which he had personal interest
| He wished to see the Codes amended and passed,
and il he was so derelict as to leave that duty
finished lie would violate his oblg tion to support
the Constitution. The function of the Constitution
was to organize the government and the Legsla
ture the immediate voice Of the people coming
after the Constitution He believed it to be his duty
| to stay twenty days is necessary to complete the
work, and when Friday came, if needed, adjourn
| until another day.
Mr.. DEL VALE thought the session should have
been fixed at 15o days but he vas not afraid TO SC
before the people and ce them at the close Of the
] hundred DAYS. He would not vote to extend thu
time OF adjournment
| Mr. HARDY said the Constitution fixed the time O