Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-03-23
CALIFORNIA LEGISLATURE.
rcovrxuED PROM rIRsr rAeE.l
Of the Civil Code tby Dir. MoEeland) Passed

22l7 OF the Political Code relating to conmittal G
insane persons 10y Mr.. Johnson). Rejected.
Assembly Bill No. 396-An Act to amend Sectio
$3.50 Of the Political Code relative to tax deeds %
liz Sherburne). Rejected.
Assembly Bill No, S99-An Act to amend Sectio
1907 of the Civil Code relating to records Of instru
ments affecting real property (by hr. Wason). Re
jected.
planting OF native trees aud shrubs in the State CAP
itel grounds 10y Mr.. Durhan) Passed to thir
reading
Senate Bill No. 179-An Act To amend Section 81
OF the Civil Code, concerning wagon road corpora
tions (Uy Mr.. Cariockl ~ hst
Mr.. OVERLAND said no law could be better calcu
lated 70 confscate mans property than this. IL
moved that it be rejected.
Mr. Fox said this bill simply proposed to depriy
a man OF his property without any process of la'
whatever. o.
Mr.. GoRLEY said the bill applied to toll road owe
the Shasta mountains. Those parties agreed t
that bill and it was being opposed by lobby starte
by other toll-road owners. He exhibited a long pc
tdtion fay0ring the b II.
Mr. COOPER said this bill was special Legislation
in its worst form. He hoped it would be rejected
Mr. MORSE also favored rejection.
Mr. STANLEY claimed that the committee amend
meats obviated all the difficulties suggested.
Mr.. FELTON,, and Mr.. MC0ARrY. OF Lake, Opposes
the bill.
Mr. LEvEE moved the previous question. Sus
tlined. The committee amendments were les. am
the bill was rejected.
Mr.. GoRLEY gave notice that tomorrow he wout
rise to question of privilege.
Assembly Bill No. 82-An Act to amend Section
1904 Of the Political Code 10y Mr.. Sweetland)
Mr. Fox stated that this was bill OF eat in
terest 10 the different counties, as it provided 10
books TO be kept by County Clerks. 1t had beer
prepared with great care, and he hoped the mem
bers would give their careful attention TO it. Com
mittee amendments were adopted and the bill
passed TO third reading.
-.
tons 1899, 1903, 1905, l6oS and 1870 of Act en-
titled Act TO establish Penal Code, APP
proved February Ia, 1872 relating to county jail;
(by Mr.. Leach Committee amendments adopted
and pas.ed to third reading.
Assembly Bill No. 3S5-An Act in relation to the
public roads and highways in the several counties
Of this State (by Mr. Fraserl
Mr. FRASER moved 4 reconsideration OF the
amendment TO Section 5. making the tax one day 6
labor instead of two.- Agreed TO, aud the commit
tee amendment fixing the road tax at g or one days
work was adopted. Bill uassed to third reading.
Assembly Bill No. l50-An Act to appropriate
moneys TO pay deficiencies in the expenses of The
late Constitutional Convention (by Mr.. Tyler
Passed 10 third reading
Assembly Bill No. 375-An Act to appropriate
moneys for the payment OF 1. S. Belcher, Thomas
Stoney and A. c. Freeman for services in preparing
bills adapting the Codes to the Constitution (by Mr.
Tyler.
Mr.. TYLER advocated the passage OF the bill, anC
said the work had been done at the request of eX
Governor Irwin and Governor Perkins
Mr.. MERRY opposed the payment asked for, anC
moved TO strike out the enactng clause of the bill
Mr. Fox said the money contemplated in the Ac
would be well expended and the gentlemen referred
10 had well earned their money.
Mr.. BRAUNHART favored the bill.
Mr.. HARRISON also spoke in favor of it.
The bill was opposed by Messrs. MCCARTHY and
C0RC0RAN.
Mr.. MEDALLION was not in favor of striking out
the enacting clause, but thought the compensation
allowed was too much.
Mr.. MAY thought the assistance of these gentle
men had been invaluable, aud the claim should be
allowed.
Mr.. BURNS was in favor of striking out the enact
ing clause of the bill
Mr.. TYLER was discussing the merits of the claim
ct some length, when the hour Of l o'clock having
arrived the usual recess was taken.
AFTERNOON SESSION.
Mr. MORSE said he had intended to support the
bill, but he had made up his mind that it was un-
constitutional. He read from the Constitution to
Grove his position.
Mr. MAYRELL called attention to Article w., Section
30, of the Constitution, which says the Legislature
shall grant no compensation for extra services or
for any services under any agreement made without
authority of law. -
Mr. MAY said this was not q claim under any
agreement. There is no pretense of any agreement,
and il there was the Constitution does not govern,
because this work done before the first of jan
uary.
Mr. TYLER said the last speaker was correct. The
Constitution, he said, has no references to such
as this. That clause of the Constitution was
made with reference to persons who enter into cou-
tracts and then ask for extra pay and those who do
work without q lawful contract He took the
ground that the Constitution does not prohibit this
Act The question is, Has the Legislature the
power to compensate for meritorious act ?" There
is no pretense of any authority or contract 1t is
simply meritorOus act, which it is clearly within
4f,ara fatunr vf fiaaV ricIa afr IN raxsr
Mr.. MAYBELL said that the Constitution did cover
the case. This was Il commission appointed by two
Governors, and it is contract though not written,
and the Constitution cannot be stretched around it.
The motion to strike out the enacting clause was
lost by a vote OF % to 40.
Mr.. MAyBELL offered privileged resolution to
clear the floor. lie said there was gentlemas on
the floor who was obnoxious to IA, 0G0 of the peo-
PIE OF this State. 1.-THE resolution referred to Otis
Mr.. TYLER moved to lay the resolution on the
table. The ayes and noes were demanded, and the
motion to table was carried by vote of so to Is.
Mr.. MEDALLION offered q privileged resolution,
which the Chair declared out Of order.
GoyERNoEs MESSAGE
The Governors message, approving No. 4o4, was
read. Pending reading Mr.. DUBRUTz moved TO lay
that part OF the message containing structures on
the action OF the body ON the table. Ruled out Of
order.
Mr.. MAYBBLL moved to dispense with the reading
Lost
Mr. MERRY moved TO refer it to the Committee or
Ways and Means.
Mr. DuBRUTz wanted to have it 60 to the Com
mittee on Public Morals. Ruled out of order as moi
respectful to the Governor, and the first motion pre-
vailed.
SPECIAL ORDER.
Assembly Bill No. 4So An Act to amend Sections
1917, 1884, 1885, 194l 1885, 1867. 1873, 1874, 1875
1852 1886 1890 1892 2022 POPS 2039, 2059. 2O95
2O99 2O77, 1912, 1870, 1862, 1885, 2O9i and 2114 o
the Political Code of California, to repeal Section
1878 Of said Code, approved March 80, 1873, an(
Section 1891 Of said Code, and to add new section
to said Code, to be known and numbered as Section
1871 relating to the State militia (by Mr.. Walker)-
was called at two O'clock.
Mr. LANE movtd TO amend so that no man cal
vote by proxy for officers. 1t was so ordered
Mr. MAYBELL was opposed 10 appropriating money
for military eRcampments. He thought that M
such SUN as s., 900 should be appropriaWa.
Mr.. TYLER thought it little enough, and hopet
she sum would not be decreased
Mr.. MCCARTNEY said the members of the cOmpa
MES could not afford to turn for eight days. AM
there was no use in appropriaiing money for tina
purp.se.
The amendment to reduce to 81, 900 was lost.
Mr.. TYLER moved to strike out five companies an,
insert six. Adopted.
MIR. BRAuSHAsr moved to strike out that portion
of Section 10 which allows the militia TO be calle'
ont by the United States authorities.
Mr. WALKER moved to strike out the whole sec
ton. Carried.
Mr. MATHEWS moved to strike out Section 1t
Carried.
Mr. MAYBsLB moved to strike out Section IL
Mr. BRAUSHARr moved to amend it so that tn
section Of the Code to which it relates shall be re
pealed-(Sec 202S) Lost
The motion TO strike ous was lost.
ar. BEAVSHARr moved 70 return to Sections Is an
10, to reconsider the vote. Lost
Mr. LANE moved that the word ''assemblage" b
stricken out and Injecting" inserted. Lost.
The bill was amended. and at the close, Mr.. MAY
BELL offered secti II, to the effect that the Ac
shall not take effect until ratified by the people a
the next election.
Mr.. Tyler raised the point OF order that it wa
not german to the people,
The CHAIR overruied the point of order
Mr. MAYBELL said this was waste of the people
money, and he was in favor OF the people having
voice in it. This thing will amount to $500 600
year. and the people who pay for it ought TO have
voice in its expenditure.
Mr. CoRcoRGN favored the amendment. It wa
unconstitutional, of course, but he had roll
call on the debris bill where IL members voted t
submit the bill to the people. He wanted TO sc
how those members would vote.
Mr. MATHEWS said this was very different mat
ter as that bill prop lscd to levy tax upon the pee
pie, and this makes an appropriation out OF tn
treasury.
Mr. MAY said these ameudments came from gen
tlemen who are opposed 60 the militia. He was il
favor of obeying the Constitution.
Mr.. FISLAYsoS was opposed TO the amendment
In the event OF = riot in San Francisco the peopl
will have TO pay more damages than this expens
will amount to-
Mr.. BKAuSHARr Was in faver of a military organ
izstion, but he was no. in favor OF increasing tn
expense 20 the tune OF $4,000, as this bill does
He oppo ed the amendment because it is ridiculous
and he should then vote 10 strike out the enactiu
clause. he moved to strike out the enactin
clause.
Mr.. MAYBELL rose to a privileged question In rela