Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-02-02
SENATE.


SACRAMENTO, January 81 1880.
The Senate met in regular session at 10 A. NJ
President Mansfield in the chair
Roll called and quorum present.
1he Journal OF yesterday was read and approved
PETITIONS
Mr. BAKER presented petition from Laura j.
Watkins, Of San Jose, Santa Clara county, setting
forth that she is resident of and taxpayer OF that
county that she believes taxation without repre-
sentaton to be tyranny, and asking for the removal
OF all political disability, that she may exercise the
right to vote, all statute laws to the contrary not
withstanding.
Mr. KELLY-I move that IT be referred to the Santa
Clara delegation. Laughter.
Mr. BsKER-Let II 20 to the San Francisco dele
CATION. There is Santa Clara delegation in the
Senate. suppose 1t should 20 to the Committee
Elections.
II was referred.
REPORTS.
Mr. BAKER, from the Committee on Public Build
ings, reported back Senate Bill No. 5-An Act 10
provide for the improvement OF Normal School
Square, in the city OF San Jose with amendments,
and recommend It's passage amended.
Mr. WENDELL, from the Committee on Judiciary,
reported back bills with the following recommended
tions Assembly Bill No. 3S-An Act to amend
Sections l475 and 1904 OF the Penal Cone, relating
to the writ OF habeas corpus-passage amended !;
Assembly Bill No. 32-An Act to amend Sections
737 746, 7i9 and 753 Of an Act entitled an Act to
establish Penal Code, approved February II, 1872
relating to impeachments-passage as amended As
sembly Bill No. Gan Act to transfer the records,
papers and business of the Courts existing on the
3lst day of December 1s79 in this State, to Courts
now existing therein-passage; Senate Bill No
140-Au Act to amend Sections 943, 94S and $50 Of
the Code of Civil Procedure, relating
senlbly Bill No. 31-An Act to amend Sections
I4lS and l4l9 OF Act entitled an Act 10 establish
a Penal Code, approved February IA, 1872, relating
to reprieves, communications and pardons-passage as
1aH NJ, An Act To ar,i
Chapters H. and H., of Title Kill, OF Part H. of the
Code OF Civil Procedure and each and every section
of said Chapters H. and Ill, and to substitute new
Chapters H. and Ill, to take the place thereof in
said Code, relating to appeals in civil actOns-Iss-
sage amended; Senate Bill No. 145-An Aci to
amend Section 1000 of the Code of Civil Procedure,
relating TO inspection of writings-passage as
amended Senate Bill No. 146-An Act to amend
Sections 1904 and 1905 of the Code of Civil Pro-
cedure, relating to motions and orders in civil
tons-passage as amended; Senate Bill No. l47 =
An Act to amend Section 1854 Of the Code
OF Civil Procedure, relating to the time within
which certain acts TO be done passage :;
Senate Bill No. 14s-An Act to amend Section 1885 OF
the Code OF Civil Procedure relating to actonsa against
Sherifs- passage; Senate Bill No. 149-An Act to
repeal Section 1856 OF the Code Of Civil Procedure
passage; Senate Bill No. 1j0-An Act to amend Sec
ton 1865 of the Code of Civil Procedure, relating to
civil actions wherein the State an officer thereof
county, city or town, IS a party-rassage as
amended Senate Bill No. 15l-An Act to amend
Section HOS OF the Code OF ClYll Procedure, reat
ing to writs of review, mandate or prohibition pas
sage; Senate Bill No. 139-An Act to repeal Chap
tiers " and V of Title KILL, of Part H., of the
Code of Civil Procedure and each and every section
of said Chapters Nv and ", relating to appeals in
civil actions-passage.
Mr. DICKINSON, from the Committee on Commerce
and Navigation, reported back favorably the Assem-
bly, joint resolution relative to the protection of the
commercial interests of the Pacific coast.
Mr. luck, from the Committee on Contingent Ex-
penses, reported resolution paying SIG so mileage
each of the Senators who went to San Francisco,
to present the test to the Supreme Court.
Adopted.
Also, reported resolution abolishing the office OF
Clerk OF the Committee on Public Printing.
On motion of Mr.. GEORGE the resolution laid
over until Tuesday morning at 1890.
Mr. JOHNSON, from the Committee on Chinese and
Chinese immigration, reported back favorably
Senate Bill No 6-An Act to prohibit the employ
ment of Chinese by corporations and to add new
section to the Penal Code; and Senate Bill No 21S
An Act to prohibit the issuance of licenses to
aliens not eligible become citizens of the State Of
California.
Mr. ZUcK, from the Committee on Contingent
Expenses, reported back favorably, with amend
ments, Senate Bill No. 103-An Act to amend Sec
tions 235 24s and 249 of the Political Code, relating
to clerks of the Senate and Assembly.
GENERAL FILE.
The Senate took up the general file and disposed
of bills as follows:
Assembly Bill No 03-An Act in relation to GER
tain deputies and assistants to County Clerks (by
Mr.. May)-was read second time at length and
ordered engrossed.
Senate Bill No. 67-An Act repeating Section 42O
of the Penal Code in reference To the melting of
riots, etc (by Mr. Nelson)-was read second time
at length and ordered engrossed
Assembly Bill No. 29-An Act to continue in force
school teachers certificates, State educational
diplomas and life diplomas 10y Mr.. Young)-was
read second time by sections, as in Committee of
the Whole.
Senate Bill No. 57-An Act in relation to the cur.
rencv OF the United States 10y Mr.. Ryan)-was read
a second time and ordered engrossed.
Senate Bill No. 70-Au Act to confer certain
powers upon the Board of Auditors of FL Dorado
county (by Sfr. Brown)- read a second time and
referred to the Committee on Judiciary.
Assembly Bill No. 6-An Act To transfer the pa
pers business and records OF the Courts existing in
this State on the 3lst Of December, 1879, to the
Courts now existing therein-waS read second
time
president pro tenn. Baker in the chair.l
Senate Bill No. llS-An Act to amend Part l. of
the Code of Civil Procedure, and each and every
title, chapter article and section Of said Part l. and
substituting Part l., to take the place thereof
in said Code, relating to Courts of justice and the
various officers connected Herewith (by Mr.. Hittel
was read second time by sections as in Committee
of the Whole The bill taken up about half past
10 A. NJ and its reading and the adoption OF the
amendments Of the Committee on Judiciary occu-
pied the time OF the senate until o'clock P. NJ.
Pending the consideration OF the bill the Senate
AFTERNOON SESSION.
The Senate reassembed at 1:30 P. NJ, President
Mansfield in the chair.
Roll called and quorum present.
The consideration OF Senate Bill No. lis was re-
sumed as in Committee OF the Whole.
JUSTICES OF THE PEACE.
Mr.. SATTERwnrrg offered an amendment providing
that there should be Justice Of the Peace in each
township instead OF two, and strongly urged its
lie mis- tn hay he Of
yisors cut up the counties into many townships
would be necessary, but to have only one Justice OF
the Peace in each township so that there would not
be concurrent jurisdiction.
Mr. JOHNSON strongly opposed the motion. He
wanted Sacramento to have three Justices OF the
Feace with concurrent jurisdiction, at present,
and moved TO amend in that way. Sacramento city
all in one township, and one Justice could not
do all the work.
Mr. PARDEE took the same position in regard to
Oakland.
Mr. CHASE held the same views as Mr.. Satter-
white.
say that Sacramento and Oakland should have three
and other townships one 1t was making special
legislation in general bill
Mr.. RowEIL agreed with Mr.. Wendell.
Mr.. Brown opposed Mr. Johnsou's amendment.
After long discussion of the point, Mr.. JOHNSON
offered an amendment giving three Justices TO all
towns hips having over %, 600 inhabitants Lost, by
vote OF II ayes to II noes
Mr.. SATTERwIlTrEs amendment was adopted, Civ
ing one Justice 10. each township.
REPoRTERs' FEIg.
The principal discussion on the bill was had when
Section ga was reached, providing for the compen
sation of official reporters in Courts. The bill,
originally introduced by Mr.. HJtell, provided that
the compensation should be So per day and Is cents
per folio Of 100 words for transcription. The Com
mittee on judiciary had reported an amendment
putting the compensation back at the present rate
$40 per daY and 20 cents per folio, and providing
that where more than was tried on the
same dav the Court should divide the per diem
among the cases so tried, so that the reporter
should receive 80 for the days work. irrespective
of the number of cases tried.
Mr. CHENEY moved to amend by striking out all
of the amendment after the words "twenty cents
he understood the amendment proposed by the
Committee on Judiciary reporter could not re-
ceive more than SO day, no matter how many
cases he reported That might be all very well for
San Fran .isco Sacramento where the official re-
porter OF the Court has employment from day to
day throughout the year but Senator'S must re-
member that there counties in this State that
are far removed from cities and large towns, and
whose Courts demand and need reporter much
important cases. and frequently more important,
cases than are tried in the city Courts. In Plumas
county, one of the counties of his district, there
were only about forty DAYS occupied in the trial OF
causes during the year and if the reporter could
only receive SO per day he would get only about
500 during the year II WIS not always that cases
were tranScribe To do justice TO the reporters
and to off er inducements really first class
who are familiar with their profession and who
competent to do the work. he thought it no more
than right that they should have SO for every
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