Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-02-13
CALIFORNIA LEGISLATURE.
XIII SESSION -TH1RT7-N1NTH DAY.
IPhonographically Reported for the RECORD UNION
by Willis y Stockholm
SENATE.

SENATE.
SACRAMENTO. February 12 1880.
The Senate met in regular session at 10 A. NJ,
President Mansfield in the chair.
Roll called ana quorum present.
The journal of yesterday was read and approved,
QUESTION OF PRIVILEGE.
Mr.. ENos-I rise to question of privilege, if it is
in order. | published in an evening paper a re-
port that voted favor of the contractors job bill
as it is called. desire to state that did not vote
for the recommendation OF that bill in the commit
tee.
PETITIONS.
Mr. NEuMANS presented petition from the Pro-
testant Orphan Asylum of San Francisco, which was
referred to the Committee Hospitals.
Mr. BROwS presented petition from citizens of
FL Dorado county asking that the Senate do not
the bill to fix telegraph rates. Referred to the Com
mittee on Judiciary.
Mr.. SEARS, from the Committee on Corporations,
reported back Senate Bill No. San Act to provide
for the organization OF Board OF Railroad and
Transportation Commissioners also Senate Bill
No. SIAN Act to organize and define the powers of
the Board of Railroad and Transportation Commits
sioners also, Assembly Bill No. Sian Act to pro-
vide for the organization of Board of Railroad and
Transportation Commissioners recommend the
passage of Senate Bill No. 81 with amendments as
a substitute for all these bills.
MT. NIE, from the committee on JudcllrY,
ported back bills with the following recommenda-
tions:
Senate Bill No. 22-An Act prohibiting savings
banks savings and loan societies. and the attor.
news, counselors and other employees thereof, from
charging borrowers for searching or passing uDon
the title property mortgaged such banks or So
cietes and providing for the appointment and paw
ment of attorneys and counseors OF such banks and
societies-passage as amended.
Senate Bill No. 2-An Act to prevent the accumu
laf of landed dad
Senate Bill No 270-An Act to amend Section
2941 of the Civil Code-passage as amended
Senate Bill No. 279-An Act to add new section
to the Penal Code, to be known as Section 3C7. re-
lating To the use OF opium-passage amended.
Senate Bill No. 2S2-An Act to enforce the provis-
ions of Section OF Article MI. of the Constitu-
ton-passage as amended.
Senate Bill No. 2S1-An Act to amend Section
2217 OF the Political Code, relating to commttal OF
insane persons-passage as amended.
Assembly Concurrent Resolution No. 12-Relative
to the appointment Of a joint committee to confer
with l. S. Belcher Thomas p. Stoney and A. c.
Freeman as to the wo k they have performed IN re-
visipg the Codes-adoption.
Senate resolution relative to a committee of in
quiry-that it be not adopted.
Senate Bill No 76-An Act to amend Section
1853 of the Political Code do not pass.
Senate Bill No Sl-An Act to amend Section 112O
of the Code OF Civil Observation-Disclosures postpone
ment.
Senate Bill No. SS-An Act to amend Section Ills
ment.
Senate Bill No. s9-An Act providing punish
ment for violating Section II, Article XI., of the
Constitution. Passage of substitute
Senate Bill No. 25s-An Act To establish a simple
and inexpensive system Of procedure In civil cases.
Passage as amended
Senate Bill No. 2s5-Passage amended
Mr.. HITTELL presented minority report, signed
by himself, against the passage OF Senate Bill No. 3
above reported.
Also, a minority report signed by himself and
Senators Wendell and Davis, against the passage OF
Senate Bill No. %, above reported.
Mr.. TRAyLoR, from the Committee on Claims re-
ported adversely the claims in reference to services
in the construction of the Napa Insane Asylum
Also, reported back the claim of the Freestone
Company, and recommended that it be referred to
the Board Of Trustees Of the Napa Insane Asylum
Also, adversely the claim of p. J. 0Connor and
Wright j. Sanders.
Mr. JOHNSTON reported back favorably Senate Bill
No 191.
BILLS INTRODUCED
Bills were introduced, read first time at length
and referred as follows
By Mr.. JoHNsoN-An Act making an appropriation
for the improvement of street, between Tenth and
Fifteenth Streets in the city OF Sacramento lCapl-
tol Park.l Committee on Finance.
By Mr.. CoNGER-An Act to prevent officers of
mining corporations from being interested in con-
tracts, milling OF ores, furnishing supplies, or per-
formance of work, or any business of the corpora
ton. Committee ON Mines and Mining.
SECOND READINGS.
The Senate took up the general file for the second
reading OF bills as follows
Senate Bill No. 20 An Act to protect the business
rights of the citizens of this state (by Mr. Kane)-
was read second time.
Mr.. HITTELL moved that the bill be indefinitely
postponed.
Mr. KANE defended the bill warmly. 1t was
simply to protect honest labor against the China
men.
opnpp
Pending consideration of the bill the hour arrived
for the special order.
Senate Bill No. 6-An Act to amend the Penal
Code by adding two sections thereto, to be
known as Sections 17S and 49, prohibiting the en-
ployment Of Chinese by corporations tby Mr. Kane)
was read third time at length.
Mr. HTTELL called for the reading of the report of
the minority of the Committee on Judiciary, signed
by himself, against the passage of the bill, and it
was read. He then made speech against the bill
taking the ground that it was in conflict with the
Buringame treaty. He moved that the bill be in
definitely postponed.
Mr.. KANE said he very sorry to hear motion
to indefni ely postpone from any one ana from the
Senator from San Francisco particularly. 1t was an
excellent bill, and in strict accordance with the Con-
stitution. Every gentleman should be permitted to
place himself on record ON the Chinese question.
The Workingmen had noby come to the front in
this matter. Let it be set in motion, and if it
unconstitutional it would be decided against, and
everyone would have to be satisfied. He hoped that
this bill would pass, and they would test the consti-
tutionality OF it. He wished that instead of so
many lawyers we had men in the National Capitol
who would make laws couehed in such plain Ian
guage that the people could understand them.
Mr. CHASE said he could not the object of call
ing for an indefinite postponement. The bill came
back from the Judiciary Committee with the in
d0rsemen5 OF the majority of the committee. 1t
was in accordance with the Constitution He was
sent there 10 see that the Constitution enforced
and this was one Of the sections which especially
wanted to be enforced. He did not wish to go out
side of Constitution to settle questions between
the Constitution of California and the Constitution
of the United States Burllngame treaty That
was for the Courts to do
Mr. NEUMANN said that we all knew that this
yeXe1 question would come up. He differed from
both the gentlemen who had spoken. We certainly
must take the Burlingame Treaty into consldera-
ton. He did not think the bill would have the
effect which Mr.. Kane wished, and which he him.
self wished OF checking immigration II was use
less to pass laws here which would not be sustained
in the Courts. 1t was unnecessary to prove his
status this question. He was in favor of reason
able legislation TO accomplish that end, but brutal
or foreible means were not the ones he wished to
use. There was nothing to prevent any corporation
from disbanding and leaving all their affairs in the
hands OF an individual, and then what effect would
the bill have. The other day he had offered to
amend the bill so that he could favor it. and the
amendment was voted down. He wished then to
make it apply only to corporations that had received
special franchises and privileges from the State
or nation. 1t was not the duty of a Senator
to vote for bill when he was satisfied that
it would not stani the test OF the Courts
He defined corporations and their powers, in answer
to a question from Mr.. Chase, and read from the
Civil Code to support his argument. Thought that
the State might as well prescribe what church we
should all attend to prohibiting corporations
from conducting their business they please To
corporations enjoying State aid railroad corpora
tions, for instance, privileges may be denied CON
sistently he quoted Judge Field in support of his
position.
Mr.. WEST said his thoughts had gone back for
twenty years, when the Democratic party in 1860
quoted pre- ecedents which the Republican party at
tackled and said that Democrats had said that
slavery could not be set aside because the Censtitu
ton protected it, He was consistent Republican,
and had always been, and believed in the people
overturning decisions OF the Supreme Court when
they hostile to the sentiments OF the people, as
they did then. That California should be free, and
that no decisions of the Court should be permitted
to crush out the industry, prosperity and life of the
opportunity than the present to make case and
find out whether the people or these decisions
were entitled to the most consideration.
Mr.. JOHNSON said that in listening to Mr.. Hittell
and Mr.. Neumann he had asked himself what
the subject OF the bill. He had heard nothing in
Chinaman. This bill IS aimed at corporations
and their officers at Cinnamon at the creature
of the State, and not at individuals living in the
State. The creator was certainly greater than the
created and the only question now was, viii We en-
force the law OF the State against corporations FORM
ed under the laws OF the State whether this Legis
latu would pass laws TO enforce the provision of
Section of Article XIX of the Constitution? 4? He
asked why the gentleman, who stood deserved
ly high in The ranks of his profession, had
not brought in some law to attain result which
he Cir Neumann) had said he was IN favor OF at