Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-01-07

through the House. nope the OIL VIII take the
usual course of bills 1 have great confidence in
the legal knowledge of the gentleman from Alameda.
Mr. Tyler the legal knowledge and integrity of
Mr. Fox and they say it is right. Their opinion has
great weight with me, bat when all is said and DONE
would like to the bill go to the Judiciary Com
mttee of the House to be carefully scrutinized by
them.
Mr.. Fox-This is simply to pass the bill to print.
The ayes and noes being demanded on Mr.. Tyler's
motion, it was lost by vote of II to sc.
Mr.. Fox introduced FIVE bills, the product of the
labors Of the Code Commission appointed by thu
Governor and Governor elect:
First-An Act TO transfer tue records, papers and
business of the Courts existing the Slst day of
December, 1872 in the State, to the Courts now ex-
sting.
Read by title and referred to Committee on Ju-
dietary.
A DEAD LOCK.
Mr. CARR (of Yubal-Mr Speaker, think the Con-
stitution requires that the bill be read in full.
The sfEAKgR-The Chair for the present holds
that this is the first reading of the bill.
Mr.. CARR-Then appeal from the decision OF the
Chair.
The SPEAKsR-The Chair rules that until the rules
are amended that we have adopted that the reading
of bill by title is the first reading OF the bill. This
House has adopted the rules of the last session, and
the Chair Is governed entirely by the rules The
rule provides that every bill shall receive three
readings previous to its passage The first and sec
ond headings may be on the same day, if no objec
ton be made. The third reading shall be sub
sequent day.
Senate informing the Assembly that the Senate had
fully organized, and giving list of the officers
elected
The SPEAKER.-The Constitution provides that no
law shall be passed except by bill Nor shall any
bill be put upon its final passage until the same,
with the amendments thereto shall have been
printed for the use Of the members; nor shall any
bill become a law unless the same be read three
several vs. IN each House; unless in case of
urgency thirds of the House shall by vote by
ayes and noes dispense with this provision It con
cludes by saying 0n the hnai passage OF all bills
has adopted Cushings Jaw and practice OF Legis-
lative Assemblies its guide. Gushing says the
practice of reading bills prevailed 200 years ago.
The necessity for reading Is superseded by printing,
and the rule is now satisfied by reading
the title and and few Of the first Words
Our Constitution provides that bill must be
read on three several days, except in cases OF ur
gency. Now, the Chair holds that the word " read
ing" when used in the Constitution, is used in its
parliamentary sense whore it appears in the Con-
stitution, for the first and second times. The very
Constitution provides that on the final passage the
bill shall be read at length. Now if the trainers of
the Constitution had meant that all three readings
were to be at length, they would have said so. The
Chair has no pride of opinion in this matter. 1t
was necessary for the Chair to rule this question
at an early day in the session. The Chair has
preference whatever. In constituting the Consitu-
ton We must take iuto consideration the intention
of the trainers Of that instrument. Now, the neces-
sity of readi at length is superseded by print
intention OF the convention 10 compel us TO go To
the trouble OF mumbling through bill three times.
Take bill Of this kind such as have on the desk.
Last session there was bill introduced which con-
sisted of ninety pages. That bill consisted largely of
a description Of land by meteS and bounds. Fifty
pages Of that bill taken up by and dis
tances. Now are we TO say that the Cons itutional
Convention intended that We should waste the time
OF the State by reading these long bills three
The question is on sustaining the ruling of the
Chair.
Mr. HARDY Mr.. Speaker, am pleased to see
that the Speaker will construe the Constitution so
TO expedite business, but differ with the Chair.
The object of the Constitution is to have bill read
upon three several days, and that provision
only be dispensed with by two-thirds vote The
object of these provisions is TO prevent hasty egs
lation If bill is lengthy, the reading be dis
pensed with by two-thirds vote. claim that the
Constitution is mandatory and prohibitory. Iwant
to consrue this instrument in its spirit, and in the
interest of careful legislation.
Mr.. TYLER moved that the question be referred to
the Judiciary Committee for an opinion. Adopted.
The CHAIR announced that he had appointed
Porters Of the Assembly: John d. Boop, William
Hines r. A. Hall aud II. o. johnson. AS Pages
John Mclaughlin, Carrie Goods, Charles L. MARBLE
and Ewood Johnson,
Mr. You've offered the following
RESOLVED That we now proceed to the election of
Chaplain for the Assembly.
Mr.. CooPER-I move its indefinite postponement
The ayes and noes were demanded by Messrs
Merry Braunhart aud Gaffney.
Mr.. BRUsER-Mr. Speaker, | am opposed to the
motion to postpone. This is question, under
stand which comes before the Legislature at nearly
every session. It is time-honored custom to electa
Chaplain aud propose 10 stick to t. The Repubi
can party has organized this House, and propose
that the Republican party shall put itself
squareiy record on this question Now, sir there
will be those who will say that III the interest of
ligion they are opposed TO it, Now, sir, might
meet them by saying that some OF the greatest
crimes in Christendom have been committed in the
name of religion But call upon all men to wit
ness that never in the true interest of religion
ever such action taken as is proposed now. They
say that the Chaplsincy has been abused-that men
have come here and have prostituted that high Of
fee That may be So But that not in the in
terest of religion. | say this: if we elect man in
whom we can have confidence, and can support the
dignity Of the office, and will do right, we will merit
the appreciation OF all good citizens 1t may be
said that men viii go from here back to the people
and say 10 them, " We Lave voted for retrenchment,
in refusing to have Chaplain" Now, say that
the Christian people Of this country comprise large
portion Of the community; that they pay taxes IN
this State on some of the finest and most unprO
ductive property they pay taxes to the State they
among the best people Of the state; they de-
mand that we shall have q Chaplan--that the name
OF God shall be reyereneed in the legislative halls
well as in the churches.
SIR. MAYBELl-AIr. Speaker, rise to favor the me- !
ton to pos pone have one or two little reasons.
In the first place, DO not wish to be understood
placing myself IN antagonism to the Christian |
Church or the Christia faith Upon the contrary, |
l favor the good Christian faith What has the last
Chaplain done for the last LEGISLATURE What hasa
Chaplain done for the Legislature OF Califor |
mia? do not see as they have made any improve |
ment in them. Why, sir, it has gone abroad to the |
people of this State that the last Legislature ma
jority OF it-have sunk into their political graves,
an over their political graves this eptaph writ
ten, May never look upon their likes again."
[Laughter.l am opposed to having Chaplain. | |
do not believe in fetching God into the Legislature,
because Railways notice tnat the devil gets the best
OF the election for Speaker of the Assembly. |
The SPEAKER-The gentlemen will confine himself |
10 the question or take his seat.
Mr. MAYBELL-It is said by the poet that
Wherever God erects house OF prayer,
The devil is always sure to build temple there
And it will be found upon examination that the
devil has the largest congregation. My next reason
that it will work Partially. There are two great
wings of the Christian faith to-day, and l. raised |
and nursed by an American Christian mother, am
opposed to examining down the throat of any man
apostolic dogmas antgonstic to his own faith ZAP
plause.l
The SPEAKER-H hear any more applause l will |
order the lobby cleared.
MEaBER-The applause did not come from the
lobby.
one Will point him out VIII have him removed. |
No member has the right to applaud.
Mr.. MAYBELL-There are two great wings OF the
Christian faith. If we are going TO turn this temple
into house of prayer if this body is going to wing
itself to glory say it is best to have both wings,
for it will require both wings to fetch Us safely up
to glory. II do have Chaplain let Us have both |
wings represented. My fourth reason is in regard |
to the constitutonality of the measure. Article OF
the Amendments of the National Code Gays Con |
gress shall make laws respecting the establish |
ment OF modes of worship. Look at Russia Why |
Church and State areunited, and what do you seer |
Ignorance and d.spotsm Look at the Govern |
ment OF France look at England. hope the mo- |
ton will prevail.
Mr. MAY-Mr. Speaker tive years ago this floor |
favored the election of Chaplain for the Assembly,
as then SAID, because majority of the body |
was Democratic and needed prayer Last night in |
the Republican caucus | opposed the chaplaincY, |
and stated why. But have changed my mind in |
the last ten minutes, and am now in favor of having
a Chaplain. 1 think need prayer in the House. |
| think it will hurt none OF us, and going to |
vote for a Chaplain When members says they |
want no God here lest the devil might get in, it Is
high time 20 have prayer. |
Mr. McCARTUY-I shall have TO vote for postpone |
ment. l am not opposed to having Chaplain but |
| am opposed To paying him. II the good men OF |
Sacramento desire to come into this ouse and offer
up prayer for the good of the members and to sane
tify their work. am perfectly willing that they 1
should come. We can get along without paving |
Chaplain S day for less than five minutes prayer
think there plenty OF missionaries here in Sac
ramento who would willingly give portion OF their
time. shall favor such plan. |
Mr.. SPENCER Mr.. Speaker, am decidedly in IA
vor as this is Republican House, of having prayer
1 think will need it. Therefore shall fwor the
election OF Chaplain for this special Legislature
may change my mind in the future. |
Mr. MuLHoLLASD-There is hardly an American |
heart that does not feel thrill of enthusiasm in it
innermost depths when looking backwards upon |
the history Of our country
A@ -. ,Na rlaAl raE -