Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-04-07
SENATE.

SENATE.
SACRAMENTO, April 6, 1880.
The Senate met in regular session at 10 \. N,
President Mansfield in the chair.
Roll called and a quorum present
The Journal OF yesterday was read and approved.
REPORTS
Mr.. JOHNSON, from the Committee Irrigation,
Water Rights and Drainage, reported back fayoraby
as amended Assembly Bill No. 354-An Act to pro-
vide for the protection Of lands from overflow other
than swamp lands.
1t was ordered second on the second reading file,
to follow Assembly Bill No. SS4.
Mr.. JOHNSON, from the Committee on Chinese and
Chinese immigration, reported back without recon-
mendation Sc ate Bills Nos. 346 3i7, SlS, 4l2 42O
529 and 455.
Mr. JOHNSTON, from the Committee on Agricult-
ure, reported back fayorably Senate Bill No. 532-
An Ac5 to prevent the aduteration OF honey.
Mr.. SEARS from the Committee on Corporations,
reported back without recommendation Assembly
Bill No. I0-An Act TO compel banks etc., to pub
l.sh sworn statements.
The CHAIR handed to the Secretary and had read
| from the desk telegram from the Board of Super
visors Of Mono county demonstrating against the
passage Of the bill 10 provide another Superior
Judge for that county.
Mr. NYE, from the Committee on Judiciary, reported
back favorsby as al ended Assembly Bill No 557-
AnActto provide additional Judge for the Superior
| Court OF Mono county; also, adversely Assembly
| Bill No. 554-An Act TO incorporate the town OF
Woodland also, favorably, Assembly Bill No. 249-
An Act for the protection of stockholders in cor
porations; also, adversely, Assembly Concurrent
| Resolution No. 2l-Relative to adjournment sine
die of the twentYthird session of the Legislature.
BIr. JOHNSON, from majority OF the Committee
on Judiciary, reported favoraby Assembly Concur
rent Resolution No. q, relative to the adjournment
sine die OF the twentythird session Of the California
Legislature. The report held that in the adoption
of the new Constitution the people had determined
that they did not desire the services Of the Legsla-
ture for than 100 days If those services were
desired for longer time 1t should be expressed by
the Governor by calling extra session. The re-
port signed by Messrs. Moreand, Johnson
Enos, Cheney and Saterwhite.
On motion Of Mr.. SATTERwHTTE the resolution was
made the special order for Thursday directly after
the reading Of the journal.
Mr. NEUMANN, from the Committee on Mines
and Mining, reported back favorably as amended
Assembly Bill No. 472-An Act to encourage the
mining industry and to suppress stock gambling.
Mf SATTERWHITE moved that the bill be placed
third on the second reading file for tomorr
After considerable discussion the roll was called,
and resulted in q ayes to II noes.
Mr.. SEARS raised the point of order that it re-
quired two-thirds vote 10 place the bill the file
in advance Of other bills.
The CHAIR ruled that the point of order was not
well taken and that the motion had prevailed, hold
ing that the bill before the Senate and could be
disposed OF by majority vote.
Mr. SEARS appealed from the decision Of the Chair
and spoke in favor of his position.
Mr. JOHNSON held that the ruling OF the Chair
was in accordance with all the rulings heretofore
made during the session. He held that when the
report OF committee was made on bill or resou-
ton, that bill or resolution before the Senate
and could be placed wherever desired by majority
vote. This ruling was simply following all ,he pre-
cedent5 set this session.
Messrs. WEST, CHASE and SATTERwHTrB took the
same ground.
Mr. SEARS poke against that position, holding that
when bills came from the committees they go upon
the file in their regular order, and it would take a
two-third vote to place them IN any other position
on the file.
The roll was called, and the decision of the Char
was sustained by vote OF y ayes to noes.
ASSEMBLY MESSAGES.
The Senate took up the Assembly messages, and
| disposed OF bills follows:
Senate Bill No. 174-the probate Act.
On motion of Mr.. HITTELL, the Chair was author.
| lied to appoint committee of free conference
Other bills were read the first time, and referred
to their proper commi tees.
SECOND READINGS.
| The Senate took up the second reading of bills, as
| follows:
Assembly Bill No. S84 An Act to promote drain
age-was read the second time, and considered III
Senate.
BILLS APPROVED.
A message was received from the Governor an
nouncing his approval Of Senate Bill No. 23-An
Act to amend Sections S6, 49, 227 22S, 504 and 5l4
| of the Penal Code relating to crimes and punish.
II
Act entitled an Act to create and organize Reclama-
tion District No. 205, and to define its boundaries
and provide for its government, approved April l,
1878; and Sena'e Bill No. 23f-An Act concern
ing the trial Of convicts for crimes committed in
the State Prison, and the costs of the same.
SECOND READINGS RESUMED
The Senate continued consideration OF Assent y
Bill No. 334.
The committee amendments were read and
adopted.
|
ing out the - shall ALSO" and insert "may when
necessary.
Mr.. JOHNSON opposed the motion
The amendment was lost.
| Mr.. NYB moved to amend Section l, by striking
out divide he State into several and insert es
tabsh one or more (distric.s).
! MIR. JOHNSON said that the amendment would
make the bill unconstitutional. The Attorney.
Messrs. WATSON and DAVIS thought the amend.
ment unnecessary.
| Mr.. NYR held the bill to be cumbrous at best
a. d he wanted it smplified as much as possible
Mr.. DAVIS said he unlike the gentleman from
Alameda, friend Of the bill, and he believed il
the amendment was adopted it would injure the
usefulness of the bill. 1t was necessary that the
bill should be general law.
Mr. RowELL favored the amendment. : he bill
was objectionable in many of its features.
Mr.. CHENEY oppoed the amendment The
| amendment was not necessary when the sector
was considered in connection with the rest of the
- -
| position.
Mr. NYE said that he was satisfied that the bill
was going to pass, aud while he friend of the
bill he wanted to have it modified much posi-
bic.
Mr. CAR1ocK was for the bill in some shape oil
other, but he wanted it amended in some partIcu
! lars.
MIR. PARDEE did not believe the bill was going tc
pass. He did not think twenty-one votes could be
found to pass it in its present shape. The bill wa:
full of niquity from the enaeting clause to its last
section. 1t was the right of any Senator to offsl
amendments The bill would tax all of TIE indus
tries Of the State for the benefit of He could
not favor the most wise and beneficial section:
of the bill. He hoped the amendment would b:
! adopted.
Mr. CoSGER hoped the amendment would not be
adopted. He thought the b Il a good Que III the
main. lie would favor any good amendment to it
but he did not believe this TO be good one. The
whole community was to be benefited by the pas
| sage of this bill.
MIR. GLAscocK favored the amendment Ii il
was not adopted the whole State must be divided
into drainage districts. If the State was not SO di
vided the Act would be null and void.
Mr.. JOHNSON moved that the consideration of thi!
bill be continued until finally disposed of.
Pending discussion OF the motion tie Senate tool
AFTERNOON SESSION.
The Senate reassembled at l:So P. NJ, Presiden
Mansfie in the chair.
Roll called and quorum present.
Mr.. JOHNSON offered resolution giving the Secre
tary and his assistants 500 for preparing the weekly
history of bills. Referred to the Committee OF
Contingent Expenses.
BILLS on PASSAGE.
On motion of Mr. MoRELASD, Senate Bill No 53S-
An Act TO amend Section 456 of the Civil Code-wa.
taken up out OF order and passed by a vote of q
ayes to noes.
The Senate then took up the general file as fol
| lows
Assembly Bill No. Ss4-An Act to amend an Act
entitled an Act to provide for the building Of
school-house IN Modesto School District, in tht
county OF Stanisaus in the State of California, ap
proved January 9, 1874 Coy Mr.. Spencer)-was reac
third time and passed by vote of q ayes to noes
Mr.. CHASE moved to reconsider the vote dy which
Assembly Bill No. 337-To encourage the culture o.
jute-failed to pass
The motion prevailed, and the bill passed by
vote Of 81 ayes to noes
Mr.. HIrTELL moved to reconsider he vote BY
which the Senate on yesterday refused to pass Sen
ate Bill No. 526-An Act to pay the Society of Cali
fornia Pioneers rent for for tse Hastings Col
lege of Law.