Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-01-23

THE THIRD READING OF BILLS
Assembly Bill No. s-Passed on file
Assembly Bill No. 23-Passed ON file
Assembly Bill No. 26-Perm ssion given to have
Assembly Bill No. 93-An Act in relation to eer-
tain deputies and assistants Of County Clerks.
Passed by vote Of Z. ayes to l no.
Assembly Bill No. 30-An Act to repeal Section
1922 Of the Code OF Civil Procedure relating 10
JUDI ments and orders in cases of contempt
Read a third time and passed unanimously
Assembly Bill No. 32-An Act 10 amend Sections
1877, 746, 749 and 1853 Of Act entitled an Act TO
establish Penal Code, approved February Ia 1872
relating to impeachments.
Passed unanimously.
Assembly Bill No. 33-An Act to amend Sections
1475 and 1904 OF Act entitled an Act TO establish
Penal Code, approved February Il, lS72 relating
the writ OF habeas corpus. Passed unanimously
Assembly Bill No. 34-An Act To amend an Act
to define the Senatorial and Assembly Dis riots Of the
State, and to apporton the representation thereof
approved March 10, 1874. Passed unanimously.
Assembly JOINT Resolution No. 2 Relative to the
protection Of the commercial interests Of the Pacific
coast. The resolution was introduced by Mr.. Leach,
and is as follows:
WHEREAS owing to the great extent of the Pacific
coast the distance from the seat Of government and
great exposure Of our commerce in cuse of war and
the inability OF the Government at the present time
in such emergency to supply with proper protec-
ton, on account OF an nsuificiency the number of
its war vessels and as the great, important harbors
of the Atlantic coast amply provided with IRON
clads and floating batteries; therefore, be it
Resolved by the Assembly, tue Senate concurring
That our Senators and Congressmen hereby
requested to use their utmost endeayors to obtain
an appropriation by Congress for the completion of
the United States ironclad Monadnock, now in
course of construction at Vallejo
Resolved, That the Governor be requested to
transmit copy OF these resolutions to each of our
Senators and Congressman.
Passed by a vote of 81 TO II.
Assembly Bill No. 45-An Act to amend Sections
34l5 1885, 3495 $500 and 354S, of an Act entitled
an Act to establish Political Code, approved March
Il, 1872, relating to public lands of this State.
Mr. MESSENGER moved to refer the bill to the
Committee on Public Lands Lost.
Mr.. YOUNGER moved to amend so that no man
can hold more than lt0 acres Lost.
Bill passed unanimously.
Assembly Bill No. S-An Act in relation to coun-
selors 1T law.
Mr. WALKER moved to recommit to the Judiciary
Committee with instructions to provide an amend
ment so that any attorney admitted to practice in
the District Court shall be entitled to practice IN
the Superior Court of the county.
Mr.. TYLER raised the point of order that it was
not competent or parliamentary 10 amend bill in
that way.
Overruled
Mr.. You've thought the order for a third reading
should be discharged, and get at it in that way
Mr.. BRAUNHART-lde desire TO read from Cushing
Mr.. TYLER object to the gentleman constituting
himself the schoOmaster OF this Assembly.
Mr.. CAMERoS-I raise the peiu. of order that a
motion to refer is not debatabe.
The SPEAkER-This is a motion to reeommit.
Mr.. TYLER-I raise the point Of order that there
is nothing before the House
Mr.. YoCNG-I move that discharge the order
passing the bill to a third reading.
Mr.. TYLER-l submit that this is a most unusual
proceedlng-
Mr. MAY rise to a point of order
The SPEAKER-The motion TO recOmmit opens the
whole question for debate.
MIR. FOx-I make the point that this motion is
once passed upon, and this House voted to strike
out the very words which sought to be in
serted.
The SPEAKER-The point is well taken. After the
House has once voted upon subject it cannot
verse Its own decision without motion to recon-
slider.
Mr.. BRAUSHARr-I appeal from the decision OF the
Char.
The decision of the Chair was sustained.
Mr.. BRAUNIIARr moved that the House resolve it.
self into Committee OF the Whole to consider the
amendment
Mr. Youxe-I raise the point of order that there
are two motious already pending.
The SPEASER-The question is upon the adoption
of the section. Adopted.
The bill then passed-ayes Is, noes 9.
Mr. BRooKs gave notice of a motion to add two
members to the Committee on Water Rights.
A message was received from the Senate anHOunc-
ing the passage Of Senate Bill No. So.
Assembly Bill No. 22-An Act TO provide for the
receipt and appropriation of donations to the state
or counties therein.
Mr. MAYBgLL-l move TO strike out all after the
truduced by myself.
Ruled out Of ORDER
Mr. MAYBELI-I move 10 reeommit the bill back
to the committee, with instructions to strike out
and insert my bill. The gentleman from Alameda
is taking unfair advantage OF me.
WHOSE THUNDER Is IT.
Mr TYiER-Mr. Speaker, the gentleman who sits
upon my right got up here and took upon himself
to say upon the floor OF this house that had taken
sn unfair advantage OF him. Now the facts
who belongs to the political party
the other gentleman, and he saw the bill which
drafted, and at that time the rules required
DAYS notice drafted bill which had no refer
ence to the sand lots whatever.
Mr. MCCALLIOy-I make the point Of order that
the sand lols are not on trial here.
The SPEASER-The point is well taken the sand
lots are not trial. laughter
Mr. TYLxR-I drafted bill which YOU will find
upon the statute books OF nearly every State i'll the
Union and upon the statute BOOKS OF England, pro-
vlding simply that in donations are made by in
diyidu Is TO the State counties cities the Treas
urer has right to receive the same, and provides
for their disposition 1t had reference to the late
political party who, if rumor says trueat least
tain OF them-haye promised to pay certain funds
or portions Of their salary back into the treasury.
| don't care whether they ever do or not But if |
should get rich, and should want to make present
to the city OF San Francisco want the Treasurer to
be able to receive the money. That is the intent of
the BILL But the gentleman on my left, with his
great knowledge OF parliamentary law, to
the conclusion, when he got TO the bill,
that it did have reference to that matter
he drew up notice and took il over to MIR. Maybell
who gave the notice. and when offered to introduce
this bill he got up and objected. That is the fact.
Tnat bill has been amended it is general in its
ture; it applies 10 no one in particular. II is q
statute we ought to have had thirty years ago. |
don't know whether it is pIoper-t it was parlia-
4
of these officers who elected on the pledge to
ply back this money said that that clause in tha
platform was put in to cGtch votes Of mOasses
to catch flies. Well, if there is any man in that
party who h secured his election by any such con-
t,rnptible trick that he deserves place in the
penientary, rather tha 10 be hunorea by any office
by the people. They may put themselves on record
ii they want TO. This was not intended for you,
but as you have made it apply, why takeit.
Mr.. MAYEgLL-Mr. Speaker, the gent eman frcm
Alameda intImates that this bill No. G7, has some
reference 10 the Wofkingmen's party. ] deny the
allegation and defy the alligator. tLaughterH This
bill does not refer to that celebrated spot called
native sol-the sand lots Laughter. /; does not
refer to any party o: any complexion whatever. 1t
does no: refer TO the sand lots nor to the gentle
man from Alameda. 1t says that any person shall
have the right TO donate money to the cityor county
or town. and that the Treasurer shall dispose Of the
same, etc. Now do not any reference to any
party. think it is good law. 1t is good substi-
tn for the gentemans bill. think his conception
.
offer this substitute. | happened to be late
one afternoon and while was absent the gentle
man brought in his bill, and in vulgar parlance, be
got the best Of | want this house to do me the
Justice not TO see me taken advantage of this
floor. Do not, because Of my accidental absence,
allow some one else to in and take the wind
out OF my sails. That is what he intends, TO take
the wind ont Of sails 10 steal the great thunder
OF the sand lots. do not propose that our thunder
shall be stolen. ...
Mr.. TYLER-Did not Mr.. Braunhart draw up that
notice and hand it to you?
Mr.. MAYBELL-No, sir.
Mr. TYLER-1'hen il resolves itself into a question
of veracity between you and Mr.. Braunhart. Did
not offer to introduce that BILL and did not Mr.
Brauuhart object TO its being introduced?
Mr. MAYRYLI.-Not that am aware Of
The SPEAKER The Clerk informs Inc that this Is
the third reading of the bill, and consequently 1t s
open to amendment.
Mr.. MAY raise the point of order that a bill
cannot be amended on its third reading. -
Mr.. FfSLAYsoS-I raise the point of order that no
bill can be amended by incorporating into it an
other bill before the House.
The SPEAKgR--The point is well taken.
Mr.. BRAUsHsRT-Then | move T. have this bill
recommtted with instructions to insert Now, sir,
cannot refrain from quoting the beautiful language
of the poet Let dogs delight bark and bite, for
G d has made them So. | admit for the satisfac-
ton of the gentleman from Alameda that did read
his bill. 1t shown in exulting spirit with
a sardonc smile Ou his e0untenanee which said,
why, you sandotters cannot object to this bill
There has been di position upon the part oi some
OF the gentlemen representing the people OF the
State Of CALIFORNIA; to treat "a with any thing but
fairness. We OF necessity compelled TO hgnt
them with their own weapons. Why, tht question
is generally asked, when bill is introduced by
member OF the Worklngmen's party, Can anything
good come out of Nazare:ht In my absence the
special order for today was postponed, and why