Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-01-19

The Senate met at 10 a. NJ pursuant to adjourn.
ment, President Mansfield iu the chair
Roll called and quorum present
Journal Of yesterday approved.
On the request of Senator BAKER, one days leave
OF absence was granted Senator NeuInann.
REPORTS.
Mr. HILL, from the Committee on Public Printing,
reported back avorably Senate Bill No. II, and 1t
was sent to the file for second reading.
Mr.. NYE, from the Committee on Judiciary. re-
ported back the report and resolution of the Com
mittee on Contingent Expenses relative TO the pay
ment of mileage OF members, with the recommended
ton that it be adopted Adopted
Mr.. luck, from the Committee Contingent EX-
penses reported back favor bly, the resolution pro-
viding for the appointment of clerk of the Ser
geant-at-Arps, at per diem of So Ad pied.
Mr. ZUcK, from the Committee Contingent
Expenses, also reported back adversely the resou-
ton appointing August Rose as Postottice Page.
Alter some discussion the Senate adopted the re-
port OF the committee.
Mr. ZUcK, from the Committee on Contingent Ex-
penses, also reported that the services of Newton
Benedict, the hold-over Minute Clerk who has so
far been assisting the Minute Clerk, would not be
required after the l1th and recommended the adop-
ton OF a resolution paying him Sl04. Adopted.
COMMITTEES.
Mr. JOHNSTON offered the following resolution
Resolved, That Senators Conger and johnson be
and they are hereby added to the Committee OH
Education.
Mr. SATrERwIITE Mr.. WEST and Mr. CHASE con-
tended that the appointments on the committees
should be made by the President
Mr. JOHNSTON withdrew the resolution.
READING OF BILLS
The Secretary resumed the first reading OF bills
already introduced.
Mr. WEST asked leave to introduce bill
The PRESIDENT ruled that all the bills already in
tloduced should be read before any more could be
introduced without a suspension OF the rules.
THREE READINGS AGAIN.
Mr.. DAyIs-I wish to asl, leave to introduce a bill
out OF Order and for that purpose | move to tenn
porarily suspend Rule 81. 1t is with reference to
this question, which, presume, agitates the mind
OF every member in this house. As the two houses
are conducting their business with reference to the
reading Of bills, it is uncertain whether any of
legislation takes any effect. The Senate, in the de-
csion which it has given, is either right wrong
If we right, the Assembly wrong, and none Of
the bills which pass both houses of the Legislature
will become laws 1t seems to me that every men,
Der Of the Senate would be derel ct to his duty if
do not do all we can to have this question settled
one way the other Either the Senate should
take the position that the Assembly has taken or
they should take the position we have taken. A bill
came in from the Assembly to be passed. and so take
the matter before the Supreme Court. The Attorney
General informs tIatit will be impossible for him
to bring that matter before the Supreme Court in
the way in which it is presented In consultation
with some of the Senators upon this question it has
been held best to introduce the bill which have
here, and let it be passed soon possible Mem
berS OF the Assembly have considered the matter
ALSO and they agree that it shall be passed there
and that their record shall show the manner in
which they are dealing with this bill. hope the
Senate viii consent that Rule 81 be suspended tenn
porarily and that We Will be allowed to introduce
this bill.
Mr.. JoHNsoS-I object
Mr.. GoRAAN-What kill is about to be introduced? :?
Mr.. DAvIs-The bill is simply direction to the
Controller and Treasurer to transfer certain sum
OF money from one fund to another. 1t is an au.
thorization to both Of those officers. Let the bill
become law, and then let one of those officers re-
fuse TO regard 1t as legal enact ment let the other
hold it to be void, and then let one Of them man.
damus the other and we can bring the matter i'm.
mediatey before the Supreme Court.
Mr.. SEARs-ln addition to what Senator Davis has
sad | will state that we have had general con-
sultation upon this matter, and we have deemed
this the best and speediest plan to arrive at a de-
cison of this question. Now, If this bill is intro
duced here and passed to-day, for instance it will 20
into the Assembly. Their practice is to read bill
b. title Their record will show that this bill has
been read by title. Then the Controller and Treas
urer can refuse to make this ansfer on the ground
that this bill has not been passed constitutionally,
to wit that it has only been read by title the first
and second time. Then by writ of mandamus we
can act directly. The other plan will have to go
through the lower Court ana the 10 the Supreme
Court by appeal, which viii take great deal of
time. We deem that this will expedite business.
hope the Senator viii be permitted TO introduce his
bill and that will pass it and test The question.
THE ACT.
There being no objection, the President declared
the rule suspended, and Mr.. Davis introduced :" an
Act to authorize the Controller and Treasurer of
state to transfer certain funds" THE bill provides
for transferring the General Fund to the School
Fund the sum Of $50 000.I
The bill was read the first time at length, ard the
President announced the first reading Of the bill
Mr.. DAyIs--I now move that the rule he sus-
pended temporarily, for the purpose Of reading the
bill second time, aud that it be placed upon its
final passage
Mr. DIcKINs- NJ would ask to amend so that in
stead OF suspending the rule, suspend this pro-
vision Of the Constitution. move to amend that
the provision of Section Is of Article w. far as
regards reading bills three different days be sus-
pended and the bill be put on its final passage
Mr.. DAvIs-l accept the amendment.
Mr.. WENDELL-h the Assembly follows the same
course it will not make the proper case
Mr.. DAvIs-The Assembly will proceed in their
usual way, and the steps they have finally deter
mined on will be carried out.
Mr.. SATTERWIITE-ln conversation with the Sena-
tor from Yuba, before he introduced the bill,
understood that the rule would be temporarily sus-
pended for the purpose of introducing H. but that
he would let the bill be read on three several days
OF course. if the majority of the Senate wish to
dispense with this provision in preference TO reading
it on three several days it may be done but do
believe that it is of urgency that within
the provision of the Constitution 1t would be better
that this bill should be read on three several DAYS For
another reason, the question might 20 off in the
Court upon the proposition that this provision of
the Constitution dispensed with, and it was not
a proper case of ur- ency. would prefer, myself,
in the way to construe the Constitution that this
bill be read three times, three several DAYS and
finally passed on the third day. That would be my
preference, because | conscientiously believe that
there is no case Of urgency by which we can dis
pense with that provision. But II any portion of the
Senate conclude that we had better dispense with
that provision Of the Constitution will not insist.
Mr.. BAKER-ls not this house, in all cases. the
judge of the urgency? Can Court in any case 90
behind it?
Mr.. SArrERwHlTR-T do not think any Court can 90
behind that fact, but | may G mistaken on that
proposition. The difference is that l. believing
positively that there is urgency here do not
wish to vote to dispense with that provision
Mr.. DIcKISsoN-In the amendment which / Of
fered | would like to have it worded "dspense
with the provision" using the language of that ar
ticle Of the Constitution. L think, with regard to
the question of urgency, there be no doubt as
to the soundness of the legal proposition made by
the Senator from Santa Clara-that either house is
the sole and exclusive judge to what constitutes
OF urgent necessity The authorities are nu-
merous and can be readily produced If case of
urgency ever will arrive | think are confronted
with it now. 1t will take four five days to get
this case decided by the Supreme Court. In the
meant me are gong Oh. Two weeks Of the ses-
SION have already passed. | apprehend that we
would be justified especially il we pass a number
of laws which may hereafter be held to have been
improperly passed. The debate upon this question
is causing good deal of comment and trust that
we Senators will unanimously vote to dispense with
the provision and il it is practicable to have the
bill printed and returned here before the Senate ad-
journs this afternoon. | hope the Senate will then
dispense with the provision and pass the bill. 1t
has to be printed before it can be put upon its final
passage. The Constitution provides that emphat-
icalY. Let us read it now, and pass it before we
adjourn this afternoon.
Mr.. DAvIs-I did not suppose there would be any
opposition to our passing this bill. ] cannot CON
ceive Of any reason why there should be. 1t seems
to me that it is case OF great urgency. SO far as
the decision goes we need not bring up every point
in the matter. We simply want decision to
whether it is necessary that bills should be read
length the first and second times. don't think the
bin could be legally passed without being printed
but that point need not be raised. We might pass
it here and go to the Supreme Court on the one
point.
Mr.. WESDELL-I agree with the Senator from San
Bernardino in his judgment that this is not case
OF urgency within the meaning of the constitutional
provision and then only two days time would be
saved. 1t is necessary for the Assembly take it
up on three several days in order that the point
should come be ore the Supreme Court; therefore,
it haste take three days there 1t has introduced
here, and if the constitutional provision is not dis
pensed with it requires Two days further time.
We are lnauguratigg e here which will viz
ttially destroy the cou bnal provision. II We
commence here with thsV etice of dispensing with
the constitutional provision and declaring it
of urgency every time it is very desirable to pass
bill, then it is matter OF little moment whether 4
bill shall be read three several days at length or
BY title, because any bill that has twothirds vote
can be Immediately put through. / do not think
that the position Of the Senator from Santa Clara is
sound one, that because If we declare it urgent
the Courts cannot 20 behind it. that should
do so irrespective Of whether it is within
the provision or not The Old Constitution con