Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-03-11

SENATE.
SACRAMENTO March 10, 1850.
Inc Senate met In regular session at 10 A. NJ.
Pres dert Mansfield in the chair.
Roll called and quorum present
Inc Journal OF Yesterday was read and approved.
REPORTS.
Mr.. DAVIS reported back from the Committee on
Education, Senate Ball No. 6S-An Act TO establish
aud maintain technical schools in the State of Cali
lorna 5 nate Bill No. 128-An Act relating TO
Boards o! Education, and Senaue Bill No 320-An
Act to provide Tor the compensation OF principals,
vice principals and teachers of common schools III
the city and county of San Francisco-with the
| recommendation that they be indefinitely post
poned; also reported back Senate Bill No. s06-
An Act to provide for the payment Of certain funds
heretofore granted to the University OF California,
etc-with The recommendation that 1t be referred to
the Committee on Judiciary. The bill was soreferred.
Nr. HirrELL, from the Committee on City and
Town governments, reported back fAyorabiy as
amended Senate Bill No. 2S6-Au Act to confer
powers upon the Boards OF Supervisors of cities con-
tanning more than 100, 600 inhabitants to extend
and csmplete main and intersecting sewers hereto
fore partially constructed.
MIR. JOHNSTON, from the Committee on Agriculture
and Swamp Lands, reported back bills with the fol-
lowing recommendations: Senate Bill No.--An
Act to encourage the growing and planting of trees
without recommendation Senate Bill No. 352-
An Act to establish ana provide for the management
OF a State Board OF Horticulture and forestry-do
not pass and Senate Bill No. 323-An Act to add
new section to toe Political Code, to be numbered
Section 349l relative to the election Of Trustees of
reclamation districts and their term OF ofce-with-
| out recommendation.
Mr. SEARS, from the Committee o, Rules re.
ported back favorsbly the resolution requiring mes
sages from the Governor to lay over one DAY for
| confirmation OF appointments.
The resolution was adopted
Mr. NYE from the Committee on Judiciary re.
ported back bills with the following recom1nenda-
I'm ACT +I,,r;. n
| NJ. Kenfied to sue the state of Calforna-do not
| pass Senate Bill No. 11S-An Act to amend Part
| l. of the Code of Civil Procedure, ard each and
every title chapter article and section of said Part
l., and substituting new Part l., 10 take the place
the eof in said Code, relating Courts of Justice
and the various officers connected therewitii-con-
cur in some Assembly amendments and non-concur
in others; Senate Bill No. 112-An Act to amend
Sections 497 and 4l2 OF the Code of Civil
Procedure, relating to the manner OF com
mencing civil suits do not concur: Sen
ate Bill No. l58-An Act to amend Sections $685.
S13 s4 S45, S97, s9S 500, 9l2, 9lS and 92l of the
Code of Civil Procedure relating to proceedings in
Justices Courts-do not concur; Senate Bin No
175-An Act to amend Sections l747, 1748, 1749
1850, 1854, 1855, 1885, 1857, 175S 1853 I764, 1866
1863, 1873, IVA l7T5, $780, 17s1 l7s2, 1873, I7e4
17S5, 17SS, 1884, 1892, 1893, 1896 1897 1898, 1889
1900, 1901, 1902, 1903, 1904 and 1908 of the Code
of Civil Procedure, relating to guardians and wards
concur in a except amendment No. 20 Senate
Bill No. 141-An Act to amend Chapters Ii and l.
OF Title XIII. of Part II of the Code of Civil Pre-
cedure and each and every section of said Chapters
H. and Ill, and to substitute Chapters H. and
ILL., to take the place thereof in said Code relating
to appeals in civil actions-do not concur
Mr.. WENDELL, from TIE Committee on County and
Town Governments, reported back Senate Bill No.
375-An Act to provide for the payment of CERTAIN
claims against the city of Eureka-with the recon-
mendation that it be referred to the Committee on
City and Town Governments; also reported back
favorably Assembly Bill No. l65-An Act to repeal
an Act to change the orthography of a town in
Shasta county.
ORDERED RE-EEeaossED.
On motion of Mr. DICKINSON Senate Bill No. 49,
the insolvency bill-was ordered re-engrossed
ASSEMBLY MESSAGES.
The Senate took up Senate Bill No 1ls-An Act
to amend Part l. of the Code OF Civil Procedure,
etc. relating to Courts of justice and the various
officers connected Herewith. The Assembly had
made numerous amendments to the bill. The Sen
ate Committe Judiciary had reported in favor Of
c0ncurriDg i'll some OF the amendments and non-
curing in others
The Senate concurred in many of the amendments
and non concurred in others.
During the discussion Of an amendment reducing
the salaries OF Justices Of the Peace Mr. KANE
strongly advocated it and read Dean Swfts descrip
tion of a lawyer, creating much merriment
A Committee OF Free Conference on the part of
the Senate was ordered.
REVENUE BILL.
Mr.. JOHNSON moved to reconsider the vote by
which the Senate yesterday passed Assembly Bill
No. 404. He spoke in favor of the motion and
against double taxation He referred to United
States Senate Bill No. 1892, bill now pending in
Congress to provide for National savings banks and
read some of its provisions, showing that it pro
posed to exempt deposits in such banks from taxa
tion IN any form, State or National. The result
would be the withdrawal OF S53, ,0o0o 900 OF money
from the taX-rcll of the State.
Mr.. NEUMANS presented protest from ], coo cti-
zens against the double taxation OF deposits in
savings banks.
MIR CHASE said the bill referred to bv Mr.. Johnson
a f,raprhaex hill thpra
of its passage long the old political parties
were in the majority IN Congress.
Pending consideration OF the motion the Senate
took the usual recess.
AFTERNOON SESSION.
The Senate reassem5led at 1880 P NJ President
Mansfield in the chair.
Roll called and quorum present.
The Senate resumed consideration Of tie motion
to reconsider the vote by which Assembly Bill No.
404 passed.
Messrs. ENos, GLAscocK, CHASE, WEST and WEN
DELL opposed the motion.
Messrs DICKINSON and SEARS favored it.
On motion OF Mr.. MoRELAND call of the House
YVES ordered.
The roll was called and all the Senators found
present. except Senator Hudson and Senator Pool
who had leave of absence, the former being paired
with Mr. Burt.
The motion to reconsider was lost by a vote of 16
ayes to 20 noes.
GOVERNORS MESSAGE.
message received from the Governor an.
nouncing his approval OF Senate Bill No. Il6-An
Act to amend Sections 6l3 6l7 and 6lS of the Code
of Civil Procedure, relating to trials by Jury in
civil actions; Senate Bill No. 125-An Act to amend
Sectons742 1885, 794 s02 S0 SIG and S26 of the Code
of Civil Procedure relating actions in particular
cases; and Senate Bill No. 146-An Act to amend
Sections 1904 and zoos of the Code of Civil Pro-
cedure, relating to motions and orders in civil
actions.
Mr. BURT reported correctly enrolled Senate Bills
Nos 1l6, 125 146 and 1885,
Mr.. BURT offered the following resolution, which
was adopted, that it was the sense OF the Senate
that the Assembly amendment to Section IO3 of SEN
ate Bill No. lis be concurred in.
THE INSURANCE BILL.
The Senate took up Senate Bill No ISs-An Act
to regulate fire. marine and inland insurance com
panies transacting business in this State (by Mr.
Johnson)-and it was read at length third time.
Mr.. HITTELL moved to recommit the bill with spe-
cial instructions to reduce the deposit to $3.50 O00
The motion was lost
The bill was passed by the followi vote:
Ayes Anderson, Baker, Carlock, Chase Cheney,
Davis, George, Harlan Hill, Hittell, Hudson, john
son. Johnston, Nye, Rowell, Sears, Traylos Watson,
Wendell, West, Zuck-21.
Noes-Burt. Brown, Conger, Enos, Glascock, Cor
man, Kane, Kelly, Lampson, Langford, Moreland,
Nelson, Neumann, Pardee, Ryan, Satterwhite-16.
Paired-Dicknson (aye) with Pool (no).
THE STATE LIBRARY
Senate Bill No. 92-An Act to amend Sections
2292 and 2295 of the Political Code relative to the
State Library (by Mr.. Johnsonl
The substitute was read third time.
Mr.. SArrERwHTTE spoke against the bill as polit-
cal n easure.
The bill passed by vote of % ayes to Is noes
Senate Bill No. 9S-An Act to provide for the gov
ernme of the State Library Qby Mr.. Johnson) was
withdrawn.
Senate Bill No. 56-An Act to amend Sect, ISL
OF the Political Code, relative to Deputy Clerks OF
the Supreme Court, and TO make an appropriation
for their salaries (by Mr. Hittelil-was read third
time and passed by vofsf 35 ayes to noes.
THE DEsTy SEAT.
Mr.. SArTERwHITE moved to take from the table
the report of the Committee on Elections on the
Desty contested election case He stated as his OBJ
ject that there to be election in San Fran
cisco on the 3eth OF March, and Senator might be
ee ted to fill the vacant seat on the floor of the
Senate.
Mr.. JOHNSON opposed the motion.
Mr.. ENos favored the motion, and said it was due
to that Senatorial District that they be represented
in the Senate.
Mr. CoseER took the same side, and called for ac