Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-02-26
CALIFORNIA LEGISLATURE.
XIII. sEssIoE-FIFTY SECOND DAY.

CALlEOkNlA LEGISLATURE.
XIII. sEssIoE-FETY SECOND DAY.
lPhonographieally reported for the RECORD UNIoS
| by Willis Stockholm
SENATE.
SACRAMENTO, February 25 1880
The Senate met in regular session at 10 A. NJ,
Pres dert Mansfield in the chair
Roll called and q quorum present.
| The Journal OF Yesterday read and approved.
THE DEsrY CASE.
Mr. CoSoER presented the certificate of election of
Robert Desty, as Senator from the Eighth Sena-
toria District, and requested that he be sworn in
After warm discussion the certificate was re-
turned by a vote of 30 ayes To noes, on the
ground thas the case still before the Committee
on Elections.
GOVERN RS MESSAGE.
message was received from the Governor,
nouncing his approval of Senate Bills Nos. "a, 2S
and %.
THE REVENUE BILLS.
The Senate took up the consideration Of the ma
Jorlty and minority reports of the JOINT Committee
on Revenue and Taxation, with the substitute bill
from each for Senate Bills Nos 10l, 120, 1ss, 1856
| 190, 206 $50.
long discussion took place as to whether the
substitutes were new bills and had to be read at
length irstiine. IL finally decided that they
were new bills, and would have TO be read at length
on three several days. A motion to dispense with
the constitutional provision on the ground OF ur-
gsncy was lost. The Secretary read the majority sub
stitute at length.
The Senate took the usual recess.
AFTERNOON SESSION.
| The Senate reassembled at I:30 P M President
| Mansfield in the chair.
Roll died and quorum present.
The secretary read the minority substitute on
taxation at length, and both were made the special
order Tor to morrow, Immediately after the reading
OF the journal
BILLS on PASSAGE.
The Senate took up the general file, and disposed
of bills on passage as follows:
Senate Bill No. 226-An Act to amend Section
1886 of the Penal Code, relating the transpo ta
tion of convcts to the State Prisons by Mr. hitteD
was passed by vote Of 35 ayes to I no
Senate Bill No. 237-An Act to amend Section
222l of the Political Code relating to Transportation
of insane person to asyiums (by Mr.. HittelD-was
read third time at length, and passed by Of 81
ayes 20 noes.
Senate Bill No. 254-An Act granting relief TO
taxpayers whose lands have been sold TO the State
| (by Mr.. N6umann)-was indefinitely postponed on
motion of Mr.. JOHNSTON, the Senate had already
pass d bill containing substantially the same pro-
visions
Senate Co current r, solution No. l4-Relatiyc TO
the modification of the Burlingame treaty (by Mr.
Gorman)-was read third time and passed by a vote
| OF 80 ayes to noes
Senate Bill No. 2S3-An Act to confer power upon
incorporated cities and towns to remove Chinese
without the limits OF such cities and towns, or 20
provide for their location within prescribed portions
of their limits (by Mr. Johnson)-was read third
| time.
Mr. NEuNANS explained that he should vote
against the b Il on the ground that he believed it to
| be unconstitutional.
| Messrs. HiTTELL and DIcKISseS took the same
ground.
Mr. WATSON said that he favored the Principle of
the BILL but did not want to make it the duty OF the
1 of tnaG to rla
moved to recommit the bill, with instructions to
strike out the yords "and it is hereby made their
duty"
Mr. CoSoER opposed the notion He wanted the
Boards of Trustees compelled to remove the Chinese
without their limits.
Mr. CHASE opposed the recommtment, holding
that the bill did not compel the Trustees to remove
! the Chinese.
Mr. WENDELL held that the last provso of the bill
covered the objection raised by Mr.. Watson.
Mr. WATSON withdrew his motion, and said if that
the construction of il he would vote for the bill
| Mr. GLAscocK said he would vote against the bill
because he believed it 70 be unconstitutional.
| Mr. Johnson read the constitutional provision on
| this question, and said that he believed Mr. GIas-
cock had voted for it in the Constitutional Conyen-
| ton, and voted for the new Constitution. He
would for the bill because it complied with the
Constitution of the State, and let the Courts decide
the rest
| Mr. GIAsCocK said that in the Constitutional
Convention he voted against each of the sections on
the Chinese except the first He voted for the
Mr. ENos favored the passage of the bill, and held
it to be constitutional. He believed in the passage
of every bill that was constitutional that was un-
friendly to the Chinese.
Mr. WEST supported the bill on the ground that IL
the duty of cities and towns to protect their
citizens against contamination by infectious diseases
or degrading Influences.
Mr.. JOHNSON referred to the Journals of the Con
stitutional Convention to show that Senator Glas
cock had not voted against the Chinese article i
the Constitution. He also read from the address
4 Ch VTI.h Come en. IL
legislation was recommended.
Mr. GLAscocK reiterated bis statement that he did
vote against all the sections Chinese except the
first one. lie did not believe til bill Was in con
fict with the Constitution Of the State but it was
in conflict with the Constitution of the United
States.
The bill was passed b. 4 vote OF 80 ayes to noes.
sPEcIAL ORDERS.
The Senate then took up the special order. and
Senate Bill No GAN Act to provide for the speedy
! completion OF the State Prison at Folsom (by Mr.
Johnsonl nl-was made the special order for one week
from to-day.
Senate Concurrent Resolution No. 15-Relative to
railroad companies aud land patents (by Mr. Enos)
Senate Bill No. I2l-An Act to amend an Act en-
titled an Act to amend an Act entitled an Act to in.
corporate the city of Oakland, passed March 2f
1S5i ard repeating certain other Acts in relation to
said city, approved April 81, 1862 (y Mr. Pardee)
Senate Bill No. 70-An Act to confer certain powers
upon the Board of Auditors of Fl Dorado county
(by Mr.. Brown; Senate Bill No 60-Ap Act to nro.
vide for removing officers of mining corporations by
the shareholders having jority of the shares Of
stock thereof, and electng other officers (by Mr.
HittelD; Senate BIZ No. 258An Act to establish
simple and inexpensive system of procedure in civil
cases (by .dr. Enos) and the consideration of mo-
tion of Senator Johnson to reconsider the indefinite
postponement, February l7lh. of Senate Bill No.
20i were made the special order for Saturday Mt
O'Clock.
FILE RESUMED
Senate Bill No. 211- An Act 70 amend Section
1422 of the Civil Code, relating to rgts and
riparian proprietors (by Mr.. Satterwhle) read
third time at length.
Messrs. SATTERWHTB, WEST, WATSON ROWELL
and JOHNSON sleke in favor of the bill
Messrs WESDELL, CeNGsR, CHENEY, NEuMAsS i
HITrgLL and DICKINSON spoke against it,
The bill was lost, by vote of 16 ayes to 10 noes
Mr. SATTERwIlTE gave notice of motion to re-
consider.
The motion to reconsider the vote on Assembly
Bill No. 80 made the special order for Tuesday
next, at 1:30 p NJ
Mr.. JOHNSON moved to take recess until 7:so
P. NJ.
The motion prevailed.
EVENING SESSION
An evening session was held from 7:3o till 10
o'clock, and business transacted as follows: Mr.
Httes bill, relating to continuance of trials was
ordered to engrossment; Senate Bills Nos IS TO- |
S04 30, 1885, 1886, 153, 1S2, 24S 252, 28l 296 and
Assembly Bills Nos 81 81, 49, POS BOG 2SS and go
and Senate Concurrent Resolution No IL were
passed Senate Bills Nos. lS3. 81 and 225 were re-
committed with special instructions and Senate
Bill No. 265 was indefinitely postponed
Adjourned.
ASSEMBLY.
SACRAMENTO, February 25, 1880
The Assembly met at 9:30 A. NJ, pursuant to ad
journment, Speaker Cowdery in the chair.
Roll called and quorum present.