Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-03-03

Inc Assembly met, pursuant TO aulOurlIlsnt
at 9:30A NJ, Speaker Cowdery in the chair.
Roll called and quorum present.
Prayer by the Chaplain
PETITION
Mr.. CorFNAN presented petition signed by sew.
eral citizens Of Marip0sa county, in relation to Leu
iSlation pending.
REPORTS OF COMMITTEES
The Committee on Commerce and Navigation re
ported hack the bill relating to the improvement o
the San francisco water front, recommending pas
sage. Also Recommending that Sen te Concurrent
Resolution No. H. relating to the utilization OF con
yict labor be referred to the Committee F, ,dera
Relations, where it properly belongs.
The Committee on Federal Relations recon
mended the adoption of the Senate Concurrent Re
solution relating TO the modification OF the Bur
lingame treaty; also recommending the adoption
OF the Senate Concurrent Eesoutlon relating to TIE
construction Of canal across the Isthmus of Daiep
The Judiciary Committee recommended the pas
sage, us amended, Of Senate Bills Nos 223 and 225
relating to proceedings in partition
The Committee on Public Morals recommended
that the author OF ASS mbly Bill No 1873 rel ting
10 the prohibition Of the sale OF opium and other
poisonous drugs, withdraw it, another bill to the
same effect is passage in the House also recon-
lnending the p ssage of Assembly Bill No. s3I, re
lating to the prohibition OF the sale of intoxicating
liquors. AID that Assembly Bill No. 1893, relating to
the punishment Of persons convicted of gaming, be
withdrawn; Assembly Bill No 362 relating u ad-
vertisements to procure abortiOns, recon-
meuded for passage; also recommended the passage
oi AsstLO1y 10 tfe lutONIcatlOn
OF officers.
The Committee on Printing recommended the
passage Of Senate Bill No. 1872 as amended
PASSED OUT OF ORDER.
On motion Of Mr.. NJ RISE, Senate Bill No. 392. re-
lating to the postponement of cases IN Courts when
attorneys are absent in attendance upon the ses
sons OF the Legislature, was taken up out OF order
and paced upon its third reading The bill was
passed
QUESTION OF PRIVILEGE.
Mr.. BRAUNHART rose to a question of privilege, in
which he stated that there was mistake in regard
to the expiration of his sentence.
This language was deemed unparliamentaTy by
the SPEAKER, who called him to order.
BILLS INTRODUCED
By Mr. GoRLEY-For the drainage and improving
OF streets in citi-s containing more than 100000 in
babitants.
Also, an Act concerning the burial of decedents
within certain limits of municipal corporations.
By Nh BAss-To establish branch Normal
School.
By Mr. FRNK-R Repeating certain sections OF the
Civil Code.
BY MIR PIcKETT-Ana anding certain sections of the
Civil Code and adding a new section to the same,
relating TO gas corporations.
By Mr.. Brown of Providing for the lc-
cation and maintenance OF Normal School at Santa
Rosa.
By Mr.. MCCosAs-Co Concerning roads and highways
in this State. lOf this bill the author saws: This
bill makes the supervisors ofci5 Roadmasters OF
W,
and has been in force in Santa Clara county for six
years. and has been found to woi wel]
By Mr.. DURHAM-Proyiding for the erection of
buildings for Normal School.
By Mr.. SPENCER-To protect county iai's and pre-
vent communication with prisoners confined therein.
By Mr.. CARR of Yuba-To prevent the landing in
tins State OF vagrants, paupers or meudicants
afflicted with dangerous diseases and to provide for
the disposal OF the same.
By MIR. BRAuNHART-To encourage mining indus
tries and discourage stock gambling.
BY Mr. iAYBELL-Relating TO corporations en-
poyiug aliens ineligible 10 citizenship
RECONSIDERATION.
Mr.. MAY moved, pursuant to notice, to reconsider
the vote by which the amendment To Section Sc was
adonted, in relation 10 the appointment OF Justices
Clerks by the Suptryisors The question resoIvet.
Itself Into party question: and considerable discus
recoaside. prevailed.
FIRsT READING OF ELLIS.
Several bills were read FIRST time and referred to
appropriate committees.
SPECIAL ORDER.
Senate Bill No us was taken up, Section 100 hav
ing been reached. The judiciary Committee pro
posed substItu for the provisions relating TO
iures the bill passed by the Assembly.
Mr.. LANE moved to amend thas when q man
has served seven years In the Natioual Guard he
shall be EXEMPT from jury duty 1t was adopted.
Mr.. MAY, pursuant to the action OF the House,
moved 70 reject the amendment. twas, OIL call OF
IL.
The Judiciary Committee offered substitute for
Section 204 in relation to sci citing jurors, giving
the Board of Supervisors the full power except in
cities of over 600 inhabitants where the uries
shall be selected by the Judges OF the Superior
Courts. Adopted.
Mr.. CoRcoRAN moved to strike out Chapter ., in
reference to Court Commissioners in accordance
with a former decision Of the Assembly
After discussion the motion Withdrawn, and
an amendment offered which allows Commits
sioners in counties having two Judges, but six
Commissioners in San Francisco
Mr.. TYLER moved to amend so as to say every
county in the State having but one Superior Judge
may appoint one Court Commissioner.
Mr. LEyEG moved to anegd SO to allow the
Court Commis ioner to be appointed in case of sick
ness of the Judge.
MIR. TYLER moved to amend so that every county
having but one Superior Judge may have Court
Commissioner.
The amt ndmen.s were all voted down.
Mr. MERRY moved an amendment TO make the Court
Comm sSioner pay for his own seal. The an-end
ment adopted.
Mr. Fox moved an amendment so that the Com
missioner cannot act uuess the Judge is sick dis
qualified Adopted.
Mr.. MCCARTHY gave notice of a motion to re-
consider.
Mr.. ANTHONY moved to strike out the whole
chapter.
MIR. MCCARTHY moved TO recommit. So ordered.
Mr. MERRY moved to amend Section 270, in refer
ence to Court reporters, TO make the test 165
words minute instead of $50, as provided by the
committee. After some discussion the amendment
was lost
Mr. TYLER wanted TO amend that in certain
cases the party cannot order the notes to be written
out to be paid for by the county, unless ordered by
the Court. This he said, put it in the power OF the
attorneys to order every written out, whether
there is anything in the case or not.
ANOTHER BREEZE.
Mr. BRAUsIARr said he would move to strike out
all the provisions of Section 2S2, in relation to the
duties OF attorneys. He wanted to read brief
filed in the Supreme Court by Leander Quint,
in which it charged that Judge Tyler had been
guilty of unprofessional conduct.
The House granted him permission.
AFTERNOON SESSION.
Mr. MAY moved that the further reading of the
document be dispensed with.
The ayesand noes were called for on the motion
to dispense with the further reading OF the docu-
ment, and the House, by vote OF so TO 20, sus.
pended the reading OF the document.
Mr.. BsAUNHART hen withdrew the amendment.
Mr. MATHEWS offered an amendment fixing the
Section 2S7 by attorneys. Adop ed.
MESSAGE FROM rHf GOVERNOR
message was received from the Governor. an
nouncing that be had approved Assembly Bills Nos.
46, So and 81.
THE BILL RESUMED.
The rest OF the sections were adopted, with the
committee amendments. The committee reported
hack the chapter relative to Court Commissioners
and recommended that Commissioners be allowed
only in counties having but one Superior Judge.
The report was adopted.
RECONSIDERATION.
Mr. DEI VALE moved to reconsider the vote by
which the amendments to Section 103 were stricken
out in relation to Justices Of the Peace In cities
of 10000 inhabitants and over be wanted men
elected TO those Offices who have knowledge Of
law.
Mr. MAYBELL moved to indefinitely postpone the
motion TO reconsider
Mr. CARR Of Sacramento moved the previous ques-
ton.
The main question ordered.
The motion to indefinitely postpone was lost by a
vote OF g. noes to IS ayes
On the motion to reconsider the roll was called,
and the motion was carried by vote OF 80 ayes to 32
noes.
Mr.. CARE then moved to make it apply to cities Of
over 5000 inhabitants. Lost.
The committees amendment then adopted.
On motion Of Mr.. MESSENGER, the House recon-
sidered the amendment to exempt military men
who have served In the National Guard seven years
from jury duty, and voted ii down.
The bill was placed at the headof the file for to-
morrow.
PETITION.
Mr. MATHEWS presented petition in reference to
the mining debris bills.
FURTHER BILLs