Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-01-10

WLefes, III nf said State Convention and the
compensation of its members, the Constitusloha
Convention after being paid IN iu ior tlle 'e, -"
loved Inv law to wit leo days, at the rate allowed
/ nv law to wit $40 per day, by formal re oiuuoh
issued to each member OF said Convention warrants
or certificates for the further period OF % day
ing which the said Convention % ~ .d he
after the 100 days. the time for when pay c'ua De
lawfully drawn which said warrants are-now eXtans
and in the possession OF various parties ai9
whereas, the Constitution proposed by the sald
! Convention was afterwards, to wit, on the
18th day of May, 1873, adopted by vote OF
| the people. and is now the law Of the land and
| whereas, Section 10 of Article Xxx. reads as FOL
lows. towit Section 10. Nothing in this Constr
tuti3n shall prevent the Legislature from providing
by law for the payment of the expenses OF the Con-
vention framing this Constitution. including the per
diem Of the delegates for the full term thereoi and
| whereas by reason OF the facts nerelnDeiorc
set forth the people of the State Of California are
liable to be called upon pay said warrants or GER
tifcates So improperly issued, aforesaid, in viola
ton Of law, amounting in the aggregate to sse64o
| United States currency; now, therefore, Del
Resolved by the Senate, the Assembly concurrlng,
That Section 10 of Article Xxx of the Constitution
of the State Of California be amended so as TO read
as follows:
Section 10 The warrants or certificates issued by
the Constitutional Convention which met in Sacra-
mento September g. 1878, for the per diem Oh dele
gates in of the 100 days for which eompensa,
ton was allowed by law, is hereby declared null ana
| void and the Legislature is hereby prohibited Tor
ever from in any way acknowledging or paying the
said warrants certificates or any OF them III
whole or in part, or from sing any law LOT ina
purpose or securing providing for the same,
or any of them, in whole or IN part by any appro-
priation of money property, stocks bonds or assets
of any kind whatsoever TO them paid.
| Resolved by the Senate, the Assembly concur
ring, That the foregoing amendment shall be
| known as Constitutional Amendment No. l. Ihat
it shall be submitted to the people OF the state OF
California for their ratification or rejection al tne
| next election for the members of the Assembly, to
wit at the election to be held on the first Tuesday
| after the first Monday in November, 1850 Inc
ballots or tickets shall have printed or written upon
| them the words, 4" For Constitutional Ameh9nen.
| No. l. or, against Constitutional Amendmens
| No. l." Publication Of the said proposed amend
ment shall be made by the Governor IN MS ProGia-
mat for the election of members OF the Assembly
to be h. Id on the first Tuesday after the rst Mon
| day in November 1885, 1t shall be his duty to set
forth in his proclamation for the said election tie
| foregoing amendment, and to call upon tho'e ue-
| string to ratfy said amendment 10 write or Prihi
upon their ballots or tickets the words " For Con-
| stitutional Amendment No. l., an Tor those OPP
posed to it TO write or print upon their ballots OF
| tickets the words, Against Constitutional Amend
| ment No. l." No other publication than that made
| by the Governor in his proclamation snail De re-
| qured.
Mr. SArTERwIIrE- / move that the resolutions be
referred to the Committee on Judiciary when ap
pointed.
| Mr.. BAKER, second the motion.
Mr. ENos-I would add that they be referred to that
committee with the understanding that they should
! never be printed.
| The PRBsIDENT-The amendment is out OF order.
QUESTION OF FACT.
| Mr. VEST would move to amend that they bere-
ferred back to the author, with Instructions TO cor
rect the matters of fact contained IN the preamble
Mr.. PRESIDENT understood the reading, 1t averred
that the members.of the Constitutional Convention
had received the full pay for the 100 days, which
was fact, and it is proposed to establish for
a fact what is not fact, for there was deficiency
III the appropriation which, if | remember right,
! ,Na;I ali, hon 1aY
ton is that they be respectfully referred back to the
gentleman who introduced them for corrections oil
matter of fact
| Mr. NyE-As no second has been made to that
motion move that they be referred back to the au-
thor with instructors to strike out the entire pre-
amble Either the resolutions right or wrong Ii
they are right they do not require ts lengeny pre-
amble by which they are preceded We should
vote upon them on their merits. Four lines would
cover il all, or ten at least. make that motion.
Mr.. VEST second the motion.
| Mr.. BAKER, think, with all Difference to the
opinions of the Senator's upon this question, that
the proper course for these Iesoutionso take is to
30 to the Judiciary Committee, and if that motion
had not been made by the Senator from San Bernar-
| dino should have II AIDE it myself. There are no
intentional misstatement OF fact III the resolutions
| am aware, every one must be who can make
simple art metical calculation, that the members
of the Constitutional Convention had not been aid
| in coin for their services for the 100 days
Mr. SEARs-I rse to point of order The mo-
ton is to commit the resolutions. Now the merits
of the resolutions cannot be discussed on motlOn
to commit refer
The PREsIDENT-The point IS we'll taken
Mr. JOHNSON Before that is decided permit me to
ask the Senator from Contra Costa if he thoroughly
understands the motion. The question, as under
stand it, that they be referred with special instruc
| tons, to w.t. to strike out the entire preamble.
That necessarily, then, permits us to dfscu the
questions contained in the preamble.
Mr.. SEARs-The point OF order was taken on the
motion to refer to the Judiciary Committee That,
understand is the motion before the Senate.
Mr.. JoHNsoN-The motion, as understand, is by
the Senator from Alameda Mr.. Nye, that these reso
lutions be recomntted to the author, with instruc
tons to strike out the entire preamble.
The PREsIDENT-That is the motion.
Mr.. BAKER, claim the floor AS l said, MIR.
President, there no Intentional misstatement OF
fact in the preamble of these resolutions. | am In
formed that the Controller of this State issued to
the members their warrants for their pay, though
they NAV not have been cashed, for the full period
of one hundred days. These warrants have recog-
nized as n payment and, of course, the contract of
the State being with the members OF the Conyen-
ton pay them for one hundred days, the State is
bound TO make the appropriation
QUESTION OF ORDER.
Mr. SEARs-I rise to point of order. If under
stand the condition of these resolutions it is this
Senator Satterwhite made motion that they be re-
| ferred to the Committee on Judiciary, when APP
| pointed That is standing committee. The motion
! made by the Senator from Alameda to recon-
nit to the author strike out all after the enactng
clause or something to that effect-strike out the
| preamble. Now the motion to refer to standing
committee takes preference OF any motion TO REFER
| to a select committee or single Senator.
| Mr.. SATrERwHTTE-The motion of the Senator
| from Alameda is the same as motion to refer to
special committee and motion to refer to stand
! ing committee takes precedence.
! Mr. JoHNsToN-I rise TO a point OF order. I'M
rstand the motion is to refer to the Committee on
Judiciary. AS we have no such committee, then the
motion would be eminently proper to refer to the
Senator, who is special committee created by the
motion.
The PREsIDBNr-The Chair will rule that the point
taken by the Senator from Marin, if the motion
was seconded, as stated by the Senator from San
Bernardno, is well taken under the rule.
Mr.. BAKER-Then call for the motion to refer to
the Committee on Judiciary. Then this matter
NAV be discussed in the report OF that committee
The motion prevailed, and the resolutions went to
! the Committee on Judiciary.
BILLS INTRODUCED.
The following bills we're introduced, and read the
| first time by title
By Mr. BAKER-An Act to amend Section 1890 of
| the Penal Code Repeal5 the Goodwin Act $50
| known) concerning combinations of sentence OF
prisoners in the State Prison, and restores substan
italy the law it was before the passage OF the
| Goodwin Act Referre1 TO the committee on state
! Prisons.
By Mr.. Exos-An Act to fix the price of gas in all
cities within the State Of California having popu-
laton OF 100 600 and over. Makes the rate of gas
at 81 per thousand and directs the local Boards Of
Supervisors of such cities to fix the rate within ten
days after the passage of the Act Referred to the
| Committee on Corporations.
| By Mr. GoRMAN-An Act to regulate the salaries
of officers in cities and counties containing 100000
| inhabitants and upwards. Reduces the salary of
Mayor from So 900 to 81 4Oo Assessor, from 81 900
to 81 400 Auditor from 81 900 to 81, 400; Tax Col
lector from 81 900 81 400 Recorder, from "a 900
to 81 400 County Clerk from 81 coo To 81 400; Pub
lie Administrator, to g, 400 instead Of fees Sur
veyor, to 81, 400 instead OF fees Superintendent of
Streets from 81 600 $780, Sheriff, from IS 600
to 81 600 Treasurer from "a 900 to So 000 District
Attorney from s., 900 to 5000; City Attorney,
from s. 600 to So 600; Supervisors are raised from
81 200 81 500; Justices OF the Peace, 400, no
feesl Referred to the Committee on City, County
! and Townships.
| By Mr.. MoRELAND-An Act to provide for the APP
pointment of Board of State Prison Directors, to
define their duties and TO provide for the manage
/ tee on State Prisons
By Mr. JoHNsoS-An Act for the relief Of John
| HOagland
Also, an Act for the relief of James Reed,
| Also an Act for the relief of VIM. b. Henry.
Also, an Act for the relief of Mrs. Mary J. Van
| 0rsdell.
| Also. an Act for the relief of George Cooper
Also an Act for the relief of Rebecca S. Hoagand
All OF the above bills in relation to the we'll
known Hoagland claim for damages alleged to have
been caused by dverting the channel of the Ameri
lean river They were referred TO the Committee
| on Claims.
| By Mr. CHAsE-An Act relating to the foreclosure
| of mortgages. Providing that the foreclosure of
any mortgage shall discharge the debts in full for
| which it was made, and that foreclosures shall be
made by order of Court by the attorney, and costs
! equally charged between the parties Referred to