Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-04-06
CALIFORNIA LEGISLATURE
XIII. -NINETY-sEcoND DAY.
GPhonographicaly reported for the RECORD UNION
by Willis & Stockholm
SENATE.

SENATE.
SACRAMENTO, April 5, 1880
The Senate met in regular session at 10 A. NJ,
President Mansfield in the chair.
Roll called and quorum plesent.
The journal OF Saturday was read and approved
REPORTS.
Mr.. JOHNSON, from the Committee on Irrigation
Water Rights and Drainage reported back fayorably
as amended Assembly Bill No. S34-An Act to pro
mote drainage.
Il was ordered to the head of the second reading
| file.
Mr. SATTERwHITE presented minority report
against the passage OF the bill.
Mr.. RowELr, from the Committee Hospitals,
reported back with amendments Assembly Bill No.
II, and without recommendation also, from the
Committee on County and Town Governments, re-
ported back favorably Assembly Bill No. 327.
MIR. NYE, from the Committee on Judiciary, re-
ported progress on the Assembly bill providing an
additional Superior Judge for Mono county, and the
Assembly concurrent resolution relative to adjourn
ment sine die. One day further time granted.
| Mr.. NYE, from the Committee on Judiciary, re-
ported back Senate Bill No. ia probate Act) with
the recommendation that the Senate concur in all
| the Assembly amendments, except Nos. and 10 ;
also, reported back Senate Bill No. Set provide
| for prosecutions-with the recommendation that
| the Assembly amendments be concurred in.
| Mr.. HIrTELL made minority report against con
curing in certain Assembly amendments to Senate
| Bill No. 80.
| The Senate, on motion of Mr. JOHNSON, took up
Senate Bill No. ia and concurred in the amend
ments recommended by the Committee on
judiciary, and refused to concur in amendments
| Nos and 10.
On motion of Mr.. HIrrELL, 1,000 extra copies of
Senate Bill No. 1lS ordered printed for dstr-
| button.
| SECOND READINGS.
The Senate TOOK up the second-readng file as fol-
! lows:
! Assembly Bill No 334-An Act to promote drain
| age.
Mr.. ANDERSON moved to reconsider the vote by
which the Senate ordered this bill at the head of the
| second d-readipg file.
| At the suggestion OF Mr.. JOHNSON it was ordered
at the head OF the second reading file for tomorrow
sSenate Bill No. 349-An Act to provide for the
conduct and management of elections, and matters
pertaining to elections in cities and counties con-
| tanning 100000 inhabitants and upwards (by Mr..
| Gorman)-was withdrawn.
Various bills were passed on the file.
Senate Bill No. 373-An Act to amend Sections
324 30S7, 309l, 3093 ana 3095 Of the Civil Code Of
the State of California (by Mr. TraylOr)-was read
second time and passed on the file.
Senate Bill No. 440-An Act to repeal an Act en-
titled an Act to provide for drainage district of
the county of Yolo, approved March Is, 1865 (by
MIR. Harlan, by request) was withdrawn.
Senate Bill No. 446-An Act to appropriate money
| for the purchase of launch for the quaran-
tine Office OF the port of San Francisco (by Mr..
| Dickinson, by request)-was withdrawn.
Senate Bill No. 457-An Act to amend Section
1884 OF the Political Code {by Mr.. George, by re-
| quest)-was withdrawn.
Senate Bill No. 454-An Act to provide for Com
mission to inquire as to the need of State school
for weak-minded children (by Mr.. Rowell) was or
| dered engrossed.
Senate Bill No. 499-An Act to amend Section
1857 of the Political Code relating to elections (by
Mr.. Hittell by request- Indefinitely postponed.
Senate Bill No. 123-An Act to amend Section
1881 of the Political Code (by Mr.. Enos)-w or.
dered engrossed.
Assembly Joint Resolution No. 15-Relative to
extending the thanks of the State to J. w. Mackey
(by Mr.. Wasson OF Mono)-was ordered to a third
| reading.
Senate Concurrent Resolution No. I9-Relative to
establishing closer commercial intercourse by trea
ties with Mexico. Guatemala, Costa Rca San Saliva
dOr, Honduras and Nicaragua (by Mr. Neumann}-wa
| ordered engrOssed.
Assembly Bill No. 230-An Act for the further
protection OF stockholders in mining companies (by
| Mr. Felton)-was ordered to third reading
| Senate Bill No. 243-An Act to amend Sections
3495 and 3i9S OF the Political Code relating ai
dayts of applicants to purchase portions OF 10th and
365h sections (by MIR. Ryan ordered engro5sed
Assembly Bill No. l99-An Act to amend Sect II
1895 of the Political Code relating to reservation
public lands for Indians (by Mr.. MesseHger)-was
| ordered TO bird reading
| Assembly Bill No. Gan Act to amend Sections
3440 and 3494 OF the Political Code, relating to in
terest ON deferred payments ON State land (by MIR.
| Cooper)-was ordered to a third reading.
| Senate Bill No. SS7-An Act to amend Section 397
of the Penal Code relating TO the sale of intoxcat-
ing liquors to drunkards Indians, and to repeal an
Act entitled Act to prevent the sale of intoXcst
| ing liquors to minors, approved March 4, 1872 (by
| MIR. Cheney)-wa ordered engrossed.
Assembly Bill No. l63-An Act to add new Sec
tIo the Penal Code of the State Of California to
be known Section 30S, relative the sale OF in
toxcatiag liquors at retail (by Mr.. Tyler)-was read
| second time.
Mr. BROWN moved to indefinitely postpone the bill
| Mr. NYE hoped the motion would not prevail.
The motion was lost by vote OF IL ayes to 10 noes.
! Mr.. NEuMASN moved to amend The bill SO as to
| limit its effect to minors.
/ Messrs. NEUMANN DAVIS and CONGER favored the
motion, and MIR. NYE opposed it.
| The amendment was adopted.
Mr.. WEST moved to reconsider the vote by which
| the amendment was adopted.
The motion lost by vote of Is ayes to is noes.
Mr.. JOHNSON moved to amend 50 TO make it ap-
! ply to retail cigars ores. Adopted.
The bill ordered read third time.
Senate Bill No. 500-An Act to provide for the fu-
ture management of the Insane Asylums OF the State
| (by Mr.. WendelD. Substitute second time and
| ordered engrossed.
mittee Mines and Mining Assembly Bill No. 2lS.
| Senate Bill No. 4S2-An Act for the better pre-
servation of fish, by providing and maintaining fish
screens at the heads OF mining and irrigatng bitches
! (by Mr.. Cariock)-~as order eIgrossed
Senate Bill No. 4S3-An Act to amend Section CPS
of the Penal Code, relative to the destruction of
deer antelope, elk and other animals (by Mr.. Car
! lock- was ordered engrossed.
The Senate took the usual recess.
AFTERNOON SESSION.
/. Ne,
| Mansfie in the chair
Roll called and quorum present.
| BILLS on PASSAGE.
The Senate took up the third reading file follows
Assembly Bill No. 2l0-An Act to amend Sec
tions S25 and S69 OF the Penal Code, relating to
proceedings in criminal actions prosecuted by in
| dictment (by Mr.. Tyler)-was read third time and
passed by vote of - ayes to noes.
The Senate then took up and after some dis
cussion adopted the resolutions to pay Senators
Traylor, Conger and Nelson for expenses incurred
| in contested election cases.
| Assembly Bill No. 320-An Act for the better pro-
| lection OF fruit trees and vines-was read third
time, and after long discussion refused passage
! by vote OF IL ayes TO lG noes
Mr.. RowELL gave notice OF motion to reconsider
the vote by which the bill failed to pass.
Sena' Bill No. 526-An Act to pay the Society Of
California Pioneers for for the Hastings
College of the Law tby Mr.. Dickinson, by request)
| was read third time.
Mr.. JOHNSON inquired of Senators Sears and
Pardee if they did not consider this gift. He fa-
yored the bi but it was one of thai class of bills
that these economical gentlemen had opposed all
along. They had called bills OF the char
acter unconstitutional.
Messrs. SEARS. HrrrELL, ENos and NEUMANN
spoke in favor of the bill. The expenditure Of
money had been necessary.
The bill was refused passage by vote OF 10 ayes
| to Is noes.
SECOND READINGS RESUMED.
| Senate Bill No. 53S-An Act to amend Section 456
Of the Civil Code relating to the debts of railroad
corporations and securities therefor and gales Of the
property OF said corporations (by Mr.. Moreland) y
| was ordered engrossed.
lPresient = 70 tenn Baker in the chair.
The Senate took up and concurred in the Assembly
| amendments to Senate Bill No. 80, amending the
Penal Code relative to prosecutions.
| president Mansfield in the chair
Assembly Bill No. 45-An Act to amend Sections
34l5 1885, S945, $500 and 354s OF Act entitled an
Act to establish Political Code, pproved March r.
1872 relating to the public lands of this State 10y
| Mr.. Fox)-was read second time, amended and
| ordered 10 third reading.
Senate Bill No. 30-An Act to amend Sections 332
343, 352 367, 3s4, $50, 1896, 397, 1885, no. All 4l9
/ 400, AL, AS, 440, AL 455 456, All 472 4s4 1885,
500, 52s, 737, 1873, $780, 749, 767 SAL s52 s5S, 9e6
370O, 1895 4l03, 4109, 4ll0, 4ll2 AIS 4ll6 4ll9
4176 4204, 4256 and 1928, and TO repeal Sections
AIS, 42l 400, SIS and 6si of the Political Code re-
lating to public officers, their duties and copensa
ton (by Mr. Nye). Substitute ordered printed and
| the bill passed on file.
Mr.. GLAscocK, from the Committee on Engross-
ment, reported as correctly eugrossed Senate Bills
| Nos 343 and 433-
Mr.. HUDSON, from the Committee on Enrolment
reported as correctly enrolled Senate Bills Nos 49,
| 19l and 23i and Senate Concurrent Resolution No
| IS.
| Senate Bill No. 21-An Act to amend Section 420l
of the Political Code (by Mr.. watson)-was ordered
| engrussed.
| Senate Bill No. 1S5--An Act to amend Sections
42l5 and 4216 of the Political Code relating to the
| uuties of Auditors (by Mr.. WendelD-was ordered