Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-01-14

| SACRAMENTO, January IL, 1880.
| The Senate met at 10 A. NJ. pursuant to adjourn.
ment, President Mansfield in the chair.
! Roll called and quorum present
journal of yestt rday approved, the reading being
| dispensed with on motion OF MIR. CHAsB.
COMMITTEES.
| Mr. JoHSsoS-I move that so much of the rules
| as provides for committees and their numbers be
adopted by the Senate to enable the President
| TO appoint his committees this morning
| The motion prevailed, and Rule Is was adopted,
as follows:
Rule Is. The following standing committees shall
be appointed; Committee on Agriculture, to con-
sist Of five members Committee on Claims, to con-
sist Of five members; Committee on Commerce and
| Navigation, to consist of five members Committee
ON Contingent Expenses and Mileage, to consist OF
five members; Committee on Corporations, to con-
| sst of seven members; Committee on Counties,
County Governments and Township Organization,
TO consist OF five members; Committee on Educa-
| ton, TO consist OF five members; Committee on
Engrossed Bills, TO consist Of six members; Com
mittee Enrolled Bills, to consist of six
members; Committee on Federal Relations,
| to consist of five members; Committee on
| Finance, to consist of seven members
Committee on Hospitals to consist of five members
Committee on Judiciary, to consist of nine MEM
bers Committee on Military Affairs, to consist of
| five members; Committee ON Mines, to consist OF
five members; Committee Public Buildings,
other than Prison Buildings to consist Of five mem
| bers; Committee on Public and Swamp and Over
| flowed Lands, to consist Of five members Commit
|
| Committee on Public Printing, to consist of three
members; Committee on Roads and Highways, to
consist OF five members Committee on State Lii
brary, to consist of three members; Committee on
State Prison and Prison Buildings, to consist OF
seven members; Committee on Irrigation and
Water Rights and Drainage, to consist of seven
members; Committee on Fisheries and Game to
| consist OF five members Committee on Elections
to consist Of seven members Committee on City
and Town Governments, to consist Of five members.
| REPORTs-WATER BILI
Mr.. ENos, from the San Francisco delegation. re.
| ported back Assembly Bill No. Am Act to repeal
an Act entitled An Act to authorize the city and
| county of San Francisco to provide and maintain
| public water-works for said city and county and to
condemn and purchase private property for that
purpose" approved March 27, lS76-recommendng
its passage also recommending that the rules and
Section Is of Article " of the Constitution be dis
pensed with, the bill read third time and put upon
| its final passage.
Mr.. GORMAN presented the following report: Mr..
| President and gentlemen of the Senate: minority
| OF the San Francisco delegation to whom was re.
| ferred Assembly Bill No. IAN Act, etc.-repolt
that while favor of the repeal of the said
Act not in favor Of the suspension of Section
Is of Article ". of the Constitution, which saws
Nor shall any bill become law unless the same be
read three several days in each house. unless in
case of urgency, twothirds of the house where such
| bin may be pending SHALL by vote of ayes and
noes, dispense with this provision" Signed by
MessIs Gorman Kane, Kelly and Nelson.
Mr.. ESos-I move that the bill be taken I'D and
nsad a second time.
Mr.. JoHNsoN-For the purpose of assisting the
gentleman, move that the rules be suspended so
| as to take up Assembly Bill No. l and the two re-
ports Of the San Francisco delegation.
The PREsIDENT-The Chair will state that the bill
will be taken up Immediately unless there is objec-
ton. The bill will be considered before the SEN
ate for consideration The Secretary will read
the bill a sscoi.d time by title.
The Secretary read the bill by title second time.
Mr.. JoHNsoN-1 rise to point of order. That is
not the proper motion. The proper motion, as
understand it, ought to be that this being OF
| urgency the provision of Section 49, Article w OF
the Constitution be suspended.
| The PREsIDEST-1he requirements of the Consti.
| tuition should appear in the minutes, and it wouk.
| be necessary to incorporate that in the motion.
| Mr.. ESos-That is embodied in the report.
| Mr.. HTTTELL-It would be better to follow the
! language of the Constitution. The Constitution
says dispense with this provision" The motion
should be that it be dispensed with instead of sus
pended.
AS TO URGENCY.
Mr.. CHAsB-I would like some gentleman to ex.
plain to me what emergency has arisen since las t
evening We voted last evening to put this off aud
let the bill take its regular course what
emergency has ar sen to demand that the rules
should be suspended?
Mr. BAKER-I am in the same condition would
like to hear from the Chairman of the San Francisco
delegation on that subject.
Mr. ENOs-When the bill reported from the
Assembly moved that it be referred to the San
Francisco delegation, it being matter OF local in
terest San Francisco. | made the statement then
that willing, if the matter was referred to the
San Francisco delegation, to report the bill back in
| favor Of its passage this morning, and that was
also in favor, if the Senate deemed it matter Of
urgency and necessity for the interests OF the city,
to .ote IN favor OF a suspension of the rules The
bill was referred TO the San Francisco delegation and
the majority have made this report and that is all
the reason have in asking the senate to pass upon
| this bill this morning.
Mr.. GORMAN-The Constitution plainly says that
no bill shall be passed rairoaded through either
of the Houses unless IN case of emergency. cannot,
for the life of me, where the urgency in on
this bill Ii we let it 90 for to day tomorrow
the day after what difference will it make? There
will be no new law made The Board of Supervisors
met last night in San Francisco; they will not meet
again for week, ii they could do anyth ny and
! they cannot do anything but call election, for
! which they have to give notice OF thirty days.
| Now Mir. President, believe in following ont the
| new Constitution, adopted by the people. There
has been too much of this rushing bills through and
for one propose to do all that can by my vote to
stop it. There is no need of this hurry now and
shall all the time be opposed to rushing bills through
| this h ,use.
REASONS FOR IT.
| Mr.. DIckISsoS-I believe that the reasons for
putting this bill upon its final passage were very
| fully explained yesterday during the debate |
think it is where it requires more speed upon
the part Of the Legislature when the fact is under
stood that although this Act has been in existence
for four years nothing had been done under it
by the Commissioners appointed or the officers
thoriZed exercise powers under the Act what
| might be termed preliminary matters, until during
! the month OF December last. Prior to that time
the Commissioners themselves had been engaged in
! listening to reports or going on junketing eNpe-
ditions und the country They Travelled largely,
became gentlemen OF experience, and proiting by
that experience they seemed to quietly let the mat
| ter drop, until in December last the matter was
resuscitated after some three four years had
| elapsed. Then these Commissioners were appoint
| ed went to work Immediately, and inside of three
weeks after the appointment OF the Commissioners
we have q report which was to be presented to the
! Board of Supervisors last evening for their con
firmation. | think, well said by the gentle
man from y uba last evening, the delegation being
united in the opinion that it is attempt to per
petrate fraud the city, that it does not become
| us in this early stage OF the session to handle 81
carefully matter which is admitted upon all hands
| to be fraud. think that if we satisfied upon
that point that this bill should be repealed
| TO me that 1t is
DECENT AND PROPER,
And comports well with the dignity of so august
body even the Senate OF the State OF California
to handle this fraud without gloves, and in the Ian
guage of the day, to sit right down upon it mos
emphatieally
Mr. CONCERT am in favor of the suspension o
the rules in this case. think it was pretty vel
settled here yesterday that the matter was looked
upon generally fraud, and the vote upon th'
bill would be nearly unanimous. | think, as VT
have cnly one hundred days in which TO remodel al
the laws of the State Of California and make then
comply with the provisions of the new Constitu
tion thai there is urgent necessity that we shoul(
not waste any more time than is necessary such
measures this, when we have thoroughly satisfied
ourselves that it is q fraud. myself cannot SCI
any necessity for delay up)n this measure. Natter
that have not been considered l would OF course OBJ
feet to being rushed through but think the whole
State Of California is satisfied in regard TO thi
measure and, as the gentleman who preceded mi
remarked, think it will comport with the dignit,
of this body to suspend the rules and pass 1t.
Mr.. WESDELI-It seems to me that the question
involved here is not the meri of this bill, hu
TO the propriety or eXpedlency OF suspendiBg m
constitutional provision which requires every bl
to be read ON three DAYS. l have no doubt thai tb
Assembly bill isa good one-l expect to vote for
on its passage-but do not believe it is
SETTING A GOOD PRECEDENT
For this Senate, at the commencement of the ses
son with ninety days OF the session before us, whe
bill comes in to US from the Assembly, where
originates, having passed through all the ordinar
stages of BILL for us to set the example of suspend
ing the rules to pass it. The reason seems to b
principally that tlis is good bill Now il in
augurate the principle Of suspending the rules
pass bill because II is good bill we NAV end u
by passing some bulls under n suspension
the rules which not good. Simila
provisions to this in Constitution sre ineorpC
rated in the Constitutions of various States and a
of them have been adopted in the last forty or fit
yeals The clause authorizing the Legislature I
suspend that constitutional provision in case {
! urgency was put there not that the Legislator
; might suspend the rule whenever in their juGgmer
it was desirable, but simply that in times of grea
public danger, as insurTection or invasion, case
emergency might arise, and it might be necesSar
TO pass bill at once. | do not understand tha
it was intended to give the Legislature the power