Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-01-22

Mr.. YoRK-Mr. Speaker, | am in favor OF the
anne ndment. We have occupied Il great deal of
time in discussing this matter. 1t seen 10 me, Mr.
Speaker, that there has been great effort upon this
floor to evade the spirit OF the Corstitution-to
evsde the law OF the land, by all sorts Of con-
triyaDces. We are told that n rule OF this House
House puts q member in this position that he can't
vote upon the question of fixing the mileage. 1
want to say to you that this Constitution under
which labnring to-day says We shall and that
rule must go to the wall. Friends and gentlemen Of
the Assembly, l DO not propose 10 stand
here upon this floor and be moved by
any elap-trap. / shall Lot be moved by
any arguments or pottifogging. | shall not be
swerved out of my way, but shall 90 squarely on
the record IN this matter. We are here for the pur
of interpreting the spirit of the Constitution
We have been sent here for that purpose. There
law before this body, and on its passage yOn
struck out the last clause Now, the action of this
body sui sequent to the striking out of that clause,
has been Of such character as TO lead me to sup
pose that YOU meant to force upon this Assembly 10
cents mileage. somebody says conscience. You
have too much conscience. Gracious gracious Il
is not matter of conscience IL is not a question
as to the old law. We make 70 objection to the
report Of the committee only that they said il
TO be fifteen cents or nothing. They had business
10 make such report, simply because bill was
here on its passage, fixing the rate OF mileage in
cordance with the Constitution. Now, sir, | am
willing to concede TO the legal gentlemen on this
floor more knowledge about law than possess 1
am willing to conerde that they would be correct
and yet am opposed to being build zed on every
occasion in the name of the law. Great God, what
is the law? The people of the State of California,
in Convention assembled-the highest legal body
known to republican form Of government
have spoken, and I stand here in obedience
to that Constitution, and in obedience to its acts
That Constitution says shall have ten cents per
mile. do not propose to submit TO any shutting
that shall thrust US back upon the old law. We
have been elected to carry into effect the COnstitu
ton would not place any NJ, mber in a false posi-
| no vote hat lba i've
ular. God knows my heaTt-you NAV smile gentle
men, but suppose that | stand hero the peer Of
any member on this floor. am in favor Of the res
OutiOn. hope this House will place It's hand upOr
the Controller and stay his hand until such tin as
the matter shall have been settled by general law.
Mr.. FoX-Mr. Speaker, it Is the first time that l
hsve uttered word upon this question, except as
Chairman OF the judiciary Committee, when made
the report 1t is certain that this House has worked
itself into great excitement over this question,
and think it is pretty near time should come
down TO degree of temperature that will enable
10 find where we stand. The Committee on Judi
ciary, when ask d for an opinion c.refuly consid-
cred the matter, and it was the unanimous decision
that the statute Of 1878 the law OF the land
upon that subject until the list day of
JulY, unless sooner repealed by the legislature
1t had not been repealed at the this report was
made and there was nothing for the Judiciary Com
mlttee to do but to report that under the law the
mileage should be fixed at fifteen cents and that the
Constitution was not self, perative. The House
unanimously voted to adopt the report Of the CON-
mlttee. After it was adopted separate resolution
was adopted directing the committee to draw the
warrants. No motion has ever been made to recon-
slider the vote by which that resolution was adopted.
This house has wasted more than five times the
amount of the difference between ten and fifteen
cents per mile in useless discussion, and had bet
ter get back to the track, and wasting money
Mir. IOUNG-At the time this question was up be-
fore directed my attention to the legal aspect Of
the case. came to the conclusion that members
entitled to draw mile ge at the same rate as
n h,y thp lau 81 rr,,iIo A
believe to-day that it is the legal rate But there
are number of gentlemen this floor who con-
scisntiously feel that they cannot accept that
amouut-that they will apparently stultify them
selves and violate the spirit if not the letter of the
Constitution. They do not do 1t simply because
they wish to make record. They are honorable
gentlemen, and above all that. And l shall this
time vote with them, as to allow them to take
only ten cents per mile.
Mr.. MAY-Two years ago, Mr. Speaker, the sitting
members on this toer received $40 day for their
services. | drew that sum myself | received 20
cents per mile. We early in the session, being
vinced that the next Assembly would not be equal
i'll talent to that one, decided to cut them down. ]
voted myself to reduce the per diem TO S., and
am little sorry for it. | voted to reduce the
mileage, and am sorry fer thai too. would favor
90 cents if the law would allow il. There are
members here now who then voted FOR IS day
and fifteen cents mileage. We had idea that
had any business to legisate for ourselves during
that session. While we did vote to reduce the pay
oil our successors, ourselves went early every
Saturday morning to the Treasurers office and drew
our $40 day, or $40 a week. We drew twenty cents
mile, and we voted that this should have been
only s3 day and fifteen cents 4 mile Now, you
gentleman know that it is customary for the Com
mttee on Mileage on the first weel-at the iarthest
the second week-to report how many miles each
member has gone to come to the Capital,
and figure it up. That is all they have to do. The
law fixes the amount, an1 the committee deter
mines the number of miles.
Mr. MCCARTHY of San FranciscJ--Geutlenen of
,.r,lt
per diem under the existing Iaa, and it is not con
trolled by the Constitution. / believe cOnscien-
tiously that we are entitled to fifteen cents under
the law, and if we not entitled to that We arc
not entitled to i've one solitary cent.
Mr.. SwEETLANp- We have had a good deal of dis
cusson, but | must say that not believe that
these gentlemen made il known TO the people when
they were being voted for tina. they were to receive
fifteen cents mic. In my neighborhood this
question raised and the people understood it 10
be ten cents. am for representing the wishes and
the feelings of the people who sent ME here.
On motion Of Mr. FELToN the main question was
ordered.
The question being on the indefinite postpone
ment of the resolution, it was so ordered by the fol-
lowing vote:
Ayes-Bass Brooks, Brown of Yuba Bruner,
BrIsie, Cameron, CoGman Cooper, Corcoran, Del
Vale, Dimond, Estee, Fulayson, Fox, Fraser,
Frink, Garbaldi, Corey, Harris, Hershy Hynes,
Josselyn, Lane, Leadbetter, Mathews, Nav Mccall
lion, NJ, Carthy Of Lake, McCarty OF san Fran
cisco, Mcintosh, Merry, Messenger, Mulholland,
Nelson, Picket, Sayle, Tyler, Walker Ward, wasson
OF Mono, Mr.. Speaker-4l
Noes Adams, anthony, Bennett, Braunhart,
Burns Carr of Sacramento Carr Of Yuba, Cham
berlain, Chandler, Coleman, Cook, Cuthbert,
Downs, Durham, Felton, Gaffey, Green, Hardy,
Leach, Levee, Mcguire, Maybell, AoComas Me- ade,
Morse, Simon, Sherburn, Spencer Stanley, Stoddard
reeter, Sweetland, Wason Of Ventura, Watson,
York, Young-36.
The message from the Senate was taken ur, and
theSresolution appointing committee to present
the case to the Supreme Court concurr in.
The CHAIR named the Assembly Committee
Messrs. Tyler, Fox and Bruner
RESOLUTIONS.
BY Mr.. TyLER-Authorizing the Controller TO
draw warrant for 500 for stamps for the Sergeant
alarms. Referred to the Committee on Attaches.
Also, authorizing the printing OF 1000 copies of
Rev. o. c. Wheeler's lecture. Lost.
By Mr.. CoRcoRAN-Allowing the Committee ON
State Hospitals to have clerk. Referred.
BY Mr.. MAYBELL-Concurrent resolution, asking
Congress to so amend the Constitution as 10 allow
United States Senators to be elected by the people
THIRD READING Of BILLS.
Assembly Bill No. lS, to repeal what is known
the gag law, was taken up aud discussed, and made
the special order for to morrow at . o'clock.
At O'clock on motion of Mr.. CAMERON, the As
sembly adjourned