Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-02-21
DAILY RECORD-UNI0N SERIES,
VOLUME I0-NUMBER IJ1.

Assembly Bill No 3l2-An Act to encourage the
pspting and cultivation of forest trees Coy Mir Dur
| ham). Referred TO the Judiciary Committee.
| Assembly Bill No. 271-An Act to provide for the
refunding of the funded debt of the city OF Los An
| geles, created by Act OF Legislature approved
February l, 1868, and entitled an A t to authorize
1 the Mayor and Common Council of the city OF Los
Angeles to take and subscribe 1000 to the capital
stock of the Los Angeles and San Pedro Railroad
Company, in the county of Los Angeles, and to pro
| vide for the payment OF the same and other mat
ters relating thereto (by Mr. Del Yalle) Ordered
| read n third time.
CONCURRENT RESOLUTION.
| Mr.. Burns of red the following Whereas, A law
| has been passed by the Legislature known as
Act TO prohibit the employment Of Chinese by cor
| poratons and Whereas it is the viii of the people
| that such law should be enforced; therefore,
| Resolved, by the Assembly, the Sena concur
ring, That joint commtteeiof siy, three from each
mousse be appointed whose duty it shall be to ascer
tain the names OF all corporations in this State that
! are employing Chinese. Such committee shall re-
| port within thirty DAYS such of operations
to the Attorney General who is ins ructed to prose-
! cute the parties.
Mr.. TYLER objected, and the resolution was laid
over until 70 morrow.
| Assembly Bill No. 47-An Act to amend Sections
Ills, 11l9, 1926 aud 1927 Of Act entitled Act
to establish Code of Civil Procedure, approved
March H. 1872, relating contestiug elections (by
| Mr.. Fox)-ordered read third time
Assembly Bill No 234-An ct doubling the penal
| abOliShing official bonds (b MIR. MaybelD.
Mr.. TYLER moved TO strike OUT the enacng clause
| Mr. MAYBELL said is not an independent
agent because he Is in the power OF the capitalists
who furnishes bonds for him. The object of the bill
| is to do away with the bond system, which Is no
protection whatever He expected to see opposition
20 the bill. It is an exception to the general rule
II the bondsman is ever compelled to pay. Take an.
assessor for instance-he is und0r the clutch OF the
men who 90 on his bonds, and he is compelled to
| lower the assessments upon that mans property
4 I.tVf fcv,av la n
| day, but tomorrow, when called upon to pay he
may not be worth dollar. He was opposed to
everything in the nature OF property qualification
The system is in the direct interest OF capitalists,
! who have control of their creatures.
Mr.. HARDY said it was Objectionable upon consttu-
| tional grounds.
Mr.. MuLHoLLAND opposed it.
Mr.. Fox said there were two subjects embraced in
| it, and il was unconstitutional
The motion to strike out prevailed.
! Assembly Bill No. 177-An Act to amend Section
81 of the Penal Code, relative crimes against the
elective franchise (by Mr. Tyler).
| Mr.. BRAUNHART moved to strike out the enacting
| clause.
| Mr.. TYLER said the provisions are Just like she
present Code down to the fifth section. 1t inticts
| a penalty on any person vino promises to pay back
| any money, or any part of his salary.
| Mr. BRAUNHART withdrew his motion IL was
ended not to apply to officers now in office.
Mr.. BRAUNHART opposed the bill as an attack upon
| a certain party and none other The bill was or
| dere read third time.
/ o.
entitled an Act prescribe the duties and provide
the salary of certain officers of San Mateo county,
to authorize the issue OF bonds for road purposes,
and other matters relating thereto, approved March
Is, 1874 (by Mr.. Felton, ordered read third time
| Assembly Bill No. 223-An Act to amend Section
l191 Of the Penal Code, relative to Judgment and
| execution (by Mr. Tyler. Ordered read third
/ time
Assembly Bill No. 226-An Act to amend Section
3052 of the Civil Code relating to liens personal
| pr perty (by Mr.. Streeter). Ordered read third
| time
Assembly Bill No 219 An Act regulating the
| receiving tran portation and aevery of grain by
railroad corporations, and defining the duties OF
corporations with respect thereto (by Mr. Mclntosh
| Mr.. Fox said 1t was matter lett to the Commits
sion, and that is why the committee had reported it
| without recommendation. He said it was copy
of one OF the Granger Acts OF the West. The bill
| was vaiiously amended
| Tho oil was ordered read third time.
| Assembly Bill No. 33o-An Act to amend Section
AL OF the Code of Civil Procedure (by Mr.. Finlay-
| son.)
| Mr.. WALLER moved to strike out the enactng
clause.
Mr. Fox said this bin provides the mode of serv-
ing summons. This bill amends the law so that
summons may be served upon any officer Of a mu-
nicpajty, upon any five taxpayers OF the county,
and pub ished in paper, III the event OF there being
no Board Of Supervisors. 1t Is to prevent county
| from avoiding the payment OF its debts 1t Is to
make all municipalities pay their debts All private
citizens pay their debts, and municipal corpo
| ratons must be made to pay in the same way.
Counties nave attempted to prevent the service OF
| summons. II has been kept up 50 long that the
statute OF limitations is now about to run against
| claimants.
Mr. MeRsE said he wanted it killed, for 1t was
simply to attain special obj ct-to make the county
OF Ell Dorado pay certain bonds. The railroad has
been built to Placerville, and that town has
been ruined That admitted before the COM
mittee The railroad did not carry out its contract
at all. Now if it intended to prevent the stat
ute of limitations from running that is idle, for that
statute will not run. He was opposed to the bill
Mr. FINLAYsoN said it was a fact that it is aimed
at FL Dorado county. If the people OF that county
have good defense, why they not willing to go
| into Court and prove it. Ii a county attempts to
| evade debt and keep out of the way, that county
should be compelled to pay its debts If that
county has good defense it prove it in Court.
| Mr. YORK said he hoped the enacting clause
would be stricken out. There is nothing good in
the bil and he would vote to kill it, In the law
there are occasional green spots like an oasis in the
desert, and this statute of limitations is one of the
green spots in the law. This is the only remedy the
people have in the case. 1t is the only way they
can escape paying these bonds, which are not just
| These bonds are almost worthless. The devil is in
| the bill, and no one should 'Ouch it.
Mr.. FELTON, said it was fact that for six years
that county has been un by the State Government,
in order that they may get out of paying what they
have promised to pay. Ii they believe it is an un-
Just debt, why they afraid OF having it decided
by the Courts. If the public can repudiate, so can
| an individual
| MIR. BRAUyHART suggested that the bill ought to
read AN Act for the robbery of the people OF Ell
| Dorado county" The subsidy given for the
purpose Of building railroad which railroad was
| never completed.
AFTERNOON SESSION.
On motion of Mr.. STANLEY, the previous question
was ordered, and the motion to strike out the en-
acting clause prevailed by vote OF 81 to g.
THIRD READING OF BILLS.
| Assembly Bill No. 113--An Act to amend Sections
974 975, 976, e77 e7s and $50, OF Act entitled
Act to establish Code of Civil Procedure approved
I Nave ralat tn tn
| (by MIR. Morse)-passed.
RECONSIDERATION.
| Nr. You've moved to reconsider the vote by which
bill No. IT'S passed, with the amendment thereto
| He had wanted Section stricken out His objection
was that it was an attempt to continued these home
stead corporations in force and this will open the
door to all corporations, and this is contrary to the
| Constitution.
The motion was lost.
| NEW RULE.
The Committee on Rules reported rule govern
ing the distribution of bills to members. 1t provides
| that all persons outside of certain privileged ones
shall be kept off the floor when the house is not in
/ session. Adopted.
BILL NO. 361.
The Committee on County Governments reported
back Bill No. 56l in relation to clerks and deputies
| in the Sen Francisco Courts, amended to make
it applicable to San Francisco. The house further
| amended it.
| Mr. ADAMS moved TO strike out the enacting
! clause.
This motion opened up another long discussion.
| Mr.. WALLER moved the previous question: which
/ was ordered.
On can Of the roll the house refused to strike
| ou by vote OF 10 ayes to 6S noes.
The amendment reducing the number OF clerks
| was lost and the amendment reducing the pay was
1 carried.
The bill was further amended and ordered read
| thiEd time.
| PASSAGE OF BILLS.
| Assembly Bill No. 211-An Act to amend Sections
| 995 l0IG, I0I7 700, 1928 and 1041 of the Penal
Code relative peadings and proceedings after in-
dictment and before the commencement OF the trial
| (by Air. Tyler
! Assembly Bill No. 210-An Act to amend Sections
49, $50 and s72 Of the Penal Code, relat ng pro-
eeedings ia criminal actions prosecuted by indet-
| nent (by Mr. Tyler).
1 Ar. DBL VALE moved to recommit with instruo-
1 tionS