Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-01-14

and do not know who may have the honor 10 be a D
pointed on that committee. Again, sir am not SC
suspicious oil my fellow-members upon this floor as
to believe that it is possible Tor the Speaker to have
appointed committee from the members of this
house who are incompetent to form cor
rect judgment upon any matter that may
come before them. | recognize every member
upon this floor as man Of intelligence man
selected by an intelligent constituency represent
them here and entitled to be considered such until
he proves himself unworthy OF such consideration
But what did say that the bill under discussion
was not one in reference to Chinese immigration
and emigration, but that it m reference to the
revenues OF this State, and the subject of licenses
IL was bill properly referabe to either the Judi
ciary Committee or the Committee on WAYS and
Means. The present bill is particularly appropriate
for the Committee on Corporations There is no
possible way for this Assembly to perform the du.
ties devoved upon it except to divide the labor OF
investigation between the several committees to
give us reports upon particular points. That
is best done by referring each bill to the
committee whose duty it has been made
TO carefully consider the subject which that
bill embraces. Now, submit that the Committee
on Chinese Emigration and Immigration, when ap-
pointed, will be one Of the most important commit
tees of the House. 1t will have TO deal with the
Federal relations OF this State upon the subject of
Chinese. 1t will have to deal with the whole world
upon this subject, not with corporations, not with
the revenues Of this State, but committee whose
duty it will be to consider all resolutions and bills
\ which shall be presented here bearing upon the
question of emigration from China. The duties will
particularly require its members be familiar with
the treaty between the United States and the En-
pire of China. and TO speak, through this
| house, to the Federal Government, suggesting
how this treaty should be modified. | look upon
| it a committee Of very great Importance and if
as the gentleman says, he is to he the committee
can him hat before this session is over he
will be called upon to pass upon some of the great
questions that have been passed upon in the
| United States of America. He will have to make
known the wishes and wants of the people OF the
State Of California, and he will have his hands
fullwithout handling the judicial laws Of this State
or the laws relative to the revenues of the State
| Mr.. MAYBELL-Mr. Speaker, the gentleman from
| San Francisco Mr. May, seems to be very tcklish
| about the Committee on Chinese not making
these laws constitutional. 1 have this to say.
| There is not member on this floor
| who does not know that any and every law we can
make upon the Chinese question will be declared
| unconstitutional until the people have the eXecu-
tion of the law Give me the execution Of the law
and will give you the making of he law. 1t is the
execution OF the law that makes constitutional or
| constitutional. To-day why is it that the people
| have no relief? Because the enemies of the people
and the friends of Chinese emigration have the
| cuton of the law, not only in this State, but
| in the United States. Mr. Blackstone, the
| father Of all you lawyers, says that no
| law is law, or is TO be respected as law,
that is in defiance of and contrary to natural law
| and that nothing that is written with ink upon
| paper that declares that free and loyal people of
State shall die shall TO death, that its civil
ization shall 90 down beneath avalanche of bar
barsm can be law, because it is contrary to the
tural law OF self-preservation. The bill at present
under discussion, think no member on this floor
imbued with spirit of fairness will deny, aims di
recty at Chinese emigration 1t is in indirect Ian
guage it is true, but the direct force OF the bill is
aimed at Chinese emigration. Why, then, refer it TO
any other committee unless it is to defeat the bill
| Mr.. BRAuSnAET-Mr. Speaker, from the remarks
| of the gentleman from Alameda, Mr. Fox, woud
| infer the scope of this committee to be TO report
upon resolutions which may be introduced in this
| house and thereafter referred to the Committee IL
| Chinese And he believes that We might distinguish
ourselves here upon this floor by grand, eloquent
speeches upon the subject. That is certainly not
| my intention. Why does he desire to oppose the
reference OF these bills to the proper committee?
He declares that we will have to pass upon resolu-
tions to be sent to his fraudulency the de facto
President of the United States -
| Mr. TYLER-I call the gentleman TO order. No
| member on this floor has the right to refer to
the President of the United States his fraud
| ulency."
| The SpEAKRR-The point of order is well taken
Mr. LANE raise the point OF order that the gen.
teman was not in his seat when he raised the point
| of order.
| The SPEAKRR-Then the Chair will of its own
motion make the point and call the gentleman to
| order.
Mr. BRAuSHART-we will have to supplicaN Con.
gress and the President Of the United States with
our resolutions. The very language of some of
the gentlemen who | now have in my minds eye
declare that the provisions Of the Constitution in
the Chinese article were simply buncombe, and per-
haps they have that opinion still. | believe, SIR
| that there certain rights reserved to the SOW
ereignty Of the people of the State of California.
| Under the Tenth Amendment TO the Constitution of
| the United States we can deal with this Chinese
question, aud |, having that object in view, intro
| duced resolution creating Committee on Chinese,
| which the Committee on Rules afterwards emascu-
| lated into Chinese Emigration and immigration, in
order that bills, resolutions whatever, might
be referred to that committee If this is to be the
scope of the committee, why did this house stultify
itself by adopting the resolution!
| The question being upon reference to the c. m
mittee on Chinese, the ayes End noes were de-
| nHed hvM Rrauubart Mnybpll and NJ
Yuba, and the roll called, with the following
| suit, 10 members answering to their names: Ayes
a. noes 45. The bill was then referred to the Com
mittee on Corporations.
Mr. LANE moved to adjourn. Lost.
The SPEAKER announced the Committee
Chinese Emigration and Immigration Messrs
| Braunhart McCarty of Lake, Young, York, Eel
| ton, Morse, Carr OF Iuba, Maybell Anthony.
Mr. BRAUSHART declined to serve.
| The CHAIR then appointed Mr.. Mccarthy OF San
| Francisco as Chairman of the committee.
Mr. Bennett introduced a bill to amend Section
1910 of the Political Code. Referred to the Com
mIttee on the Judiciary.
| Mr. Fox from the Committee the Judiciary,
| reported back Assembly Bill No. lS, with recon
mendaton that it re referred to the San Francisco
delegation
THE SAME QUESTION OVER.
| Mr. DuBRuTz-Mr Speaker, hereby give notice
| that will early day Introduce amendment
to the standing rules of the House in reference to
the reading OF bills three several days. protesting
against the action of the House against reading at
| length on the hrSt ana second days. Inc OBJECT OF
this is to allow any who wants to to so upon the
| record.
Ruled out of order.
| Mr. LEACH Mr.. Speaker, have a motion TO make
upon this subject. First, | ask the privilege Of
reading an extract from the Daily Bee 1t is As fol-
| lows al he heated debates and long winded dis
putes occupying the attel ton OF the House are
liable to occur at any moment, upon any other pro-
vision of the Constitution the gst OF the arguments
in each beng, as in the debates on the reading
of bills to arrive at some conclusion as 20 the intent
OF the trainers OF the Constitution The intent Is,
OF course, the fundamental principles of all law, and
| is laid down maxim by story in his
| work Constitutions JGmison On Consiitu-
| utions also claims that the intentof con
! stitutional provision cannot be thoroughly
understood or correctly interpreted unless the de-
bates in convention for and against the measure
known and understood. The debates III the Consti-
tutonal Convention of this State are in existence,
and if hey are consulted mu,h debate and loss of
time will be saved When the intent OF the trainers
of the Constitution is thoroughly understood from
reading of the debates, it will be found that
the opposition in the House on the triple
| reading proposition is correct in its premises
| Now, sir, l think the suggestion good one.
am one of those who supported the report OF the
Judiciary Committee. But if it can be shown that
the trainers of the Constitution intended that bill
should be read at length three times would feel il
TO be my duty to vote for reconsideration OF the
| report OF the judiciary Committee | am informed
that Messrs Willis q Stockton, phonographic re-
porters o the Constitutional Convention, have the
notes of the debates in full, and that they aud
Will furnish TO tnS House report Oh tlle
upon this particular subject that will show clearly
and succincty the intention Of the trainers Of the
Constitution. Therefore move that Messrs. Willis
Stockton be requested to furnish to the Clerk OF
this House the debates of the Convention upon this
subject which the Clerk shall read for the nforma
ton of the members.
Mr. TYLER-Whatever may be said in regard to
this matter, it has been judicialy determined il
several cases by the Supreme Courts OF several
States that Court had no authority or power 20
refer to the debates of Constitutional Convention
TOR Che purpose Of determining the meaning Of
| words used. Il makes no difference what somebody.
thinks the words mean. The men who got up then
and discussed this matter in the Constitutional Con-
vention better able to determine the mean
ing of these words than are. | pesfoetly
wLlingithat any gentleman should refer to the de-
bates. You will find the whole discussion in the
RECORD USIoS, in which MIR. Reynolds, ths intro
ducer declared that it not his intentioS to put
any such construci ion upon the clause.
Mr. HARDY-As understand the resolution, it is
that the debates be produced and read. We DOM
want all the debates brought in here.
Mr.. MeISTosH-I move 70 lay the resolution on the
table. Lost.
Mr. CoRcoRAs-I would suggest thai ifany gen.
tleman desires information upon this subject, hat
expense, has the privilege Of getting the debates
We don't want TO go TO the expense Of four fye or
six hundred dollars to decide point Of this kind
| which is already plain 10 nv mind.
! Mr. MAY have no doubt at all with reference 10
this question l thoroughly satisfied with the
decision of this House, rendered over and again
And yet there are gentlemen here who th NIX differ
emily, and they have right 10 think differently
a from the majority Of the House. And VIZ