Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-01-29
CALIFORNIA LEGISLATURE.
xMn OBSERVATION-DISCLOSURES DAY.

IPhonographicaly Reported for the RECORD UNION
by Willis X Stockholm
SENATE.
SACRAMENTO, January es, 1880.
The Senate met in regular session at 10 \. N,
Pres dert Mansfield in the chair.
Roll called and quorum present
Journal OF yesterday was read and approved.
On motion OF Mr., ENos, leave OF absence was
grated Senators Nelson and Kane account OF
sickness.
REPoRrs.
Mr.. ESos, from the San Francisco delegation, re-
ported back favorably Senate Bill No. 143-An Act
to repeal an Act entitled "Act for tho appointment
OF an Inspector OF boilers and steam tanks and FOR
the better protection Of life and property in the city
and county of Sal Francisco" approved March y,
1866.
Mr.. DAVIS, from the Committee on Education, re.
ported back Senate Bill No 12-AG Act to authorize
the election OF women to school offices-with the
recommendation that it do not pass, the present
law already covers the provisions of said bill.
MIR. NYE. from the Committee on Judiciary, re-
ported back Senate Bill No 80 An Act relating to
trade marks filed in the Office OF the Secretary Of
State with the Recommendation that it be indef-
nitely postponed, as the said bill is covered by
tain sections of the Political Code Code OF Civil
Procedure and Penal Code.
Also, reported back fayorably, with amendments
Senate Bill No. 90.
ASSEMBLY MESSAGES.
The Senate took up the Assembly messages and
the following bills were read first time at length
and referred az follows:
Assembly Bill No. 23-An Act to amend Section
1852 Of the Code Of Civil Procedure in relation to
actions brought by heirs or devisers Committee
on Judiciary.
Assembly Bill No. 22-An Act to provide for the
receipt and appropriation OF donations to the State
or counties cities and counties or cities and towns
therein. Committee on Education.
Assembly Bill No. 32-An Act TO amend Sections
737, 7i6 149 and 153 of the Penal Code relating to
| impeachnents Committee ON Judiciary
Assembly Bill No. 33-An Act to amend Sections
1475 and 1904 of the Penal Code, relating to the
writ of habeas corpus Committee on judiciary.
Assembly Joint Resolution No. 2-Relative to the
protection of the commercial interests of the Pacific
Coast Committee on Commerce and Navigation.
| Assembly Bill No. 45-An Act to amend Sections
3i15 $780, 395, $500, and 354S OF the Political Code
relating to the public lands of this State. Commit
| tee on Public, Swamp and Overlooked Lands.
Assembly Bill No. 3l-An Act to amend See
tions 141S and 14l9 of the Penal Code, relating TO
| repreves, communications and pardonS. Committee
| On judiciary.
Assembly Bill No 5o-An Act to add new sec
tion to be known Section 7G9 of the Penal Cote,
relating to the local jurisdiction of prosecutions for
| libel. Committee on Judiciary.
Assembly Bill No. 51-An Act to repeal certain
sections Of the Code of Civil Procedure relating
Courts OF justice and judicial officers. Committee
on Judiciary.
Assembly Bill No San Act to amend Sections
3i9l and 1892 of the Civil Code relating to public
| nuisances. Committee on Judiciary.
Assembly Bill No. 54-An Act to amend Sections
so and 3ll of the Political Code relating to the en-
actmcnt OF statutes. Committee on Judiciary.
BILLS INTRODUCED.
Bills were introduced, read first time at length
and referred as follows:
BY MIR slrrERwurE- Act to amend Section
1922 of the Civil Code, relating to water rights and
riparian prOprietors. Committee on Irrigation, Wa
| ter Rights and Drainage.
Also, an Act to amend Section 1898 Of the Code of
Civil Procedure, in relation to taking private prop
| erty for public Can condemn property for
irrigating purposes Committee on Irrigation Wa
| ter Rights and Drainage.
Also, an Act to amend Section 35S of the Civil
Code of Calforna, concerning corporations. PRO
vides that any private person by action inquire
into the due incorporation Of ay company hereto
fore only the Attorney General could do SOL Com
| mittee on Corporations.
By Mr.. JoHSsoS-An Act TO amend Section 1000 of
the Political Code, in reference to challenges at
school elections. Committee on Education.
| By Mr.. NEUNANN-An Act TO establish 4 quaran-
tine at the harbor of San Francisco. Provides for
quarantine officer and thorough system OF quaran
| tine Committee on Commerce and Navigation
BY Mr.. CHAsE-An Act to amend Sections 29i and
295 OF the Civil Code of California, concerning
| porations. [Requiring that the per cent. Of the
capital stock shall be paid in before the act of iu-
corporation shall be filed recorded and the whole
amount OF stock shall be subscribed in good faith
Committee on Corporations.
BY Sir. ENos-An Act to define the duties OF the
Governor and Legislature under Section OF Article
VII of the Constitution, relating the pardoning
power Committee on Judiciary.
By Mr. EIOsAn Act relative TO official bonds
Committee on Judiciary.
MISCELLANEOUS
Mr. BAKER had leave TO withdraw the report of
the Committee Federal Relations on Senate Con-
current Resolution No. 10.
Mr.. JOHNSON moved to reconsider the vote by
which the Senate Indefinitely postponed Senate Bill
No. 90.
On motion of Mr.. JOHNSON, the motion to recon.
sder made the special order for Friday at II
O'Clock \. ~
Senator Exos was authorized to represent Senator
Name on his committees during his illness.
GENERAL FLE.
The Senate took up the general file and disposed
Of bills as follows:
Senate Bill No. 39-An Act to amend various sec
tions from No 6S2 to 1929, of an Act entitled an
Act TO establish a Penal Code, approved February
H. 1872 aud to add section thereto, to be
known Section 500, to provide for prosecutions,
and adapt the provisions of said Code thereto (by
MIR. Wendell)-was taken up and read second time
by sections. Amendments of Committee on Ju-
dietary adopted, and bill ordered engrossed.
THREE READINGS.
The Secretary read dispatch from San Francisco
to Senator Davis stating that the decision of the
Supreme Court that all bills must be read three
times at length, unless two-thirds of the House
vote to dispense with the provision OF the Constitu-
ton.
GENERAL FILE RESUMED.
Senate Bill No. 1lG-An Act to amend Sections
6l3 617 and 61S of the Code of Civil Procedure re-
lating to trials by jury III civil actions (by Mr..
Hittell)-was read second time by sections Anne d.
ments Of Committee on Judiciary adopted, and bill
ordered engrossed.
Senate Bill No 117-An Act to repeal Section G33
of the Code OF Civil Procedure by Mr.. HittelD-
| was read second time by sections and ordered en-
| crossed.
Sen te Bill No. I24-An Act to amend Sections
IA and us of the Code of Civil Procedure relating
to proceedings supplementary TO execution (by Mr.
IIittelD-was read second time by sections. Amend
| n.ents of Committee on Judiciary adopted and bill
ordered engrossed.
Leave of absence was granted the Committee on
Finance for the balance Of the day i'll order to hold
a meeting with the Committee on Ways and Means
| of the Assembly.
| THREE READINGS AGAIN.
Mr.. RYAN offered the following resolution:
| Resolved, That all Assembly bills which are now
i'll the possession of this Senate be returned to the
Assembly, with the request that the Assembly read
said bills three times at length three several days
| to meet the requirements Of the Constitution in
| terpreted by the Supreme Court.
| MIR. DICKINSON moved to refer the resolution to
| the ommittee on Judiciary, with instructions to
report to He said that he did this because
the Assembly bills showed that they had been read
three times, and he was inclined TO think that their
! record was good.
Mr.. ESOs favored the motion for the same reason
and also for the further that the Senate had
no legitimate right to give any directions to the
| other house about their duties.
| Mr.. SATTERwHITE held that the Senate had no
| right to adopt such resolution. He believed that
| ii the bill showed its record that it had been
| read three times no Court could 60 behind that
\ record.
| Mr.. WENDELL favored the reference
| Pending the consideration OF the resolution the
| Senate took the usual recess.
| AFTERNOON SESSION.
| The Senate reassembled at 1:30 p. NJ, President
| Mansfield in the chair.
| Roll called and quorum present.
| The Senate resumed the consideration of the reso-
| luton offered by Mr.. Ryan The question was on
| the reference to the Committee on Judiciary
| Mr.. SEARS favored the reference, as he did not
| think it courteous to the Assembly.
| Mr.. DAVIS did not think the resolution ought to
be adopted 1t would be an act of dscourtesy TO the
| Assembly.
On motion of Mr.. BRowY the resolution was laid
| on the table.
| SPECIAL ORDER.
Senate Bill No. 63-An Act to provide for the
1 g Al