Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-02-25

Mr.. NEUMANS said that question was not contained
in this bill. San Francisco had been badly swept,
and this street-sweepiDg machine was not labor
saving machine.
Mr.. WATSON favored the bill.
The motion to recommit the bill with instructions
prevailed.
on PASSAGE.
The Senate took up bills oil third reading and dis
posed of the following
Assembly Concurrent Resolution No. 1l-Relative
to the establishment of dead-letter office in San
Francisco (by Mr.. Aorse)-was eoncurred in by u
vote of 32 ayes 10 no.
Assembly Bill No. 30-An Act to repeal Section
1922 of the Code Of Civil Procedure, relating to
judgments and orders in cases of contempt (by Mr..
foung)-was read third time.
MIR. DICKINSON opposed the passage of the bill.
The section was necessary to maintain the proper
dignity and authority of the Courts. The Judge
was the best judge of the contempt
Mr.. HIrrELL took the same view OF the case
MIR. JOHNSON favored the bill. twas bill to pro-
tect personal liberty, to protect the rights OF the
prerogatves now possessed by the Court. He gave
the history of the well-known case Of Webb in Am
ador county, and held that there should be appeals
in cases OF contempt. This section was relic Ct
Ct personal liberty.
MIR. NEuAANN opposed the passage of the bill. This
section had been on the statute books for long
time and it was strange that it should be found to
this law had never. been abused but twice. The
Courts should have the power to punish contempt
summarlly, and nothing should be done to weaken
the power of the Court in this respect.
Mr.. DAVIS agreed with Mr.. Neumann, and held
that the judicial department should be held sacred
This bill would take away from the Courts the power
to preserve order in those Courts He held that the
bill was unconstitutional
Mr.. DICKINSON again argued against the passage of
the bill, celebrating the argument already advanced.
He held that the Supreme Court did not have ap-
pellate Jurisdiction in this case.
Mr.. kSos urged the passage Of the BILL 1t was
not to do away with the power Of the Court to
nit for contempt, but 1t was simply to give man
right to appeal from the ord,r committing for con-
tempt of Court. He took the same ground as Mr.
Johnson and held that the bill was in the interest
of personal liberty. He believed 1t to be eonsttu-
tional, and that the Legislature had the power to
prescribe the appellate jurisdiction of the Courts Of
the State The powers Of Courts had been abused in
more than one or two cases, not only from personal
grounds, but on account of political grounds.
Mr.. SATrERwHTTE agreed with Mr. Davis This
bill could only effect appeals from Justices and Po.
lice Courts to the Superior Courts. The Constitu-
tion provided the appellate jurisdiction of the SUI
preme Court. and tie Legislature could not alter it
without amending the Constitution.
Mr.. JOHNSON held the bill to be constitutional.
and again urged its passage, replying at length to
the argui ents Of those the other side. He did
not wish to take away the power Of the Courts to
punish f1r contempt but when the c urt was wrong
the order ought to be reversed on appeal No matter
now oiu INV was, III IL was pad law II ought to be
| repealed Let the Supreme Court decide upon the
constitutionality of the law.
Mr.. WENDELL favored the passage OF the bill
Senators were mistaken III supposng that this bill
took away the power of Courts to punish for con.
tempt 1t simply repeals that provision which pro-
vides that the judgment OF the Court shall be final
and conclusive. He held that the Supreme Court
| could have jurisdiction in such cases.
Mr. KANE believed in the right Of appeal and
repeal. He favored the passage Of the bill. He
knew OF many cases where Courts had decided cases
wrongly. The Judges ought not to be the final
arbitrators.
was glad to stand with the Senator from Sacra
mento, in favor of human liberty and the liberty Of
the press.
The hill was lost by vote of 1s ayes to II noes.
EVENING SESSIONS. h
Mr.. JOHNSON called up his resolution providing
for evening sessions on Wednesday d Friday even.
in2s for the consideration Of bills on the general
file.
Messrs. SArTBRwHrrE and CoSasR spoke against
the resolution.
Messrs. JOHNSON, DICKINSON, SHARs and DAVIS
spoke in favor Of the resolution.
The resolution was adopted by vote Of 80 ayes
to noes.
BILLS on PASSAGE.
The Senate renewed the general file, as follows:
Senate Bill No. 22-An Act prohibiting savings
banks savings and loan societies. and the attOr-
neys counselors, and other employees thereof, from
charging borrowers for searching passing upon
the title or property mortgaged to such banks or
societies, and providing for the appointment and
payment of attorneys and counselors Of such banks
and societies (by Mr. Enos) s)-was read third time.
The report OF minority Of the Committee on
Judiciary against the passage Of the bill was read.
Messrs. HfrTELL, DICKINSON. NEuMANY, DAVIS and
JOHNSTON spoke against the bill.
Messrs. ENos JOHNSON, RowELL, KANE and RYAN
favored the passage Of the bill.
The bill was lost by vote of IS ayes to II noes
not receiving the constitutional vote.
Senate Rlll No 2--Au Act the
cumulation of large landed estates (by Mr. John.
son)-was ordered at the head OF the file for Friday
night.
NOTICE.
Mr.. RYAN gave notice that on tomorrow he would
move to reconsider the vote by which the Senate
refused to pass Assembly Bill No. 30-An Act to
amend Section 1922 of the Code OF Civil Procedure,
relating to judgments and orders in cases of con-
tempt.
Senate Bill No. 279-An Acs to add a new section
to the Penal Code to be known as Section 3O7, re-
lating to the of opium (hy Mr.. Davis)-was read
third time, and passed by vote II SO ayes to 0
noes.
Substitute for Senate Bill No. SG-An Act proyid-
ing punishment for violating Section II OF Article
XI. of the Constitution (by Mr.. Enos)-w read a
third time, and passed by a vote of 80 ayes to 0
noes.
Senate Bill No. 296-An Act concerning the Board
of Harbor Commissioners (by Mr.. Tray ylor)-was
read third time at length, and passed by voe of
SO ayes to noes.
Senate Bill No. 263-An Act prohibiting the
keeping or sale of animals afflicted with clanders or
other contagious or infectious diseases (by Mr.
Fnos) was read third time,
Mr.. HITTELL moved to refer the bill to the Com
mittee on Judiciary, with instructions to make it
part of the Code and report Thursday.
Mr. JOHNSTON moved to amend by referring it to
the author for that purpose.
The motion prevailed
Senate Bill No 306-An Act relating to the in.
toxication OF officers (by Mr.. Hill was read third
time at length, and passed by vote of 80 ayes to
l no.
Senate Bill No 307-kn Act relating to swindlinr
by cards or other means (by lIr. HilD--was read a
third time at length, and referred to the author,
with instructions to make it part of the Penal
Code.
Senate Bill No. 2i5-An Act to amend Section 34S1
of the Political Code (by Mr.. Johnson)-was passed
by c vote of 36 ayes to noes.
BILLS READ FIRST TINE.
The bills introduced by Messrs. WEST and NEU-
MANN ON Saturday, and ordered printed without
reading were read the first time at length and re-
ferred to the appropriate committees.
On motion OF Mr.. ESos, at p. the Senate ad-
journed.
ASSEMBLY.
SACRAMENTO, February "a, 1880.
The Assembly met pursuant to adjournment,
Speaker Cowdery in the chair
Roll called and quorum present
PRAYER by the Chaplain
Minutes OF Saturday corrected.
INTRODUCTION OF BILLS
By Mr. DEL VALLE-An Act providing for the To-
cation of branch Normal School at Los Angeles
Also, an Act to amend Sections 1044 and l9i7 Of
the Civil Code and to add new sections thereto to
be numbered 1906 and 11l6 relative to transferring
and mortgsging property.
Also, an Act To amend Section GSs of the Code of
Civil Procedure, regarding property liable to be
seized in execution, amended as TO include fran
chises owned held by corporations natural per-
sons.
Also an Act to amend Section 1921 of the Polit-
cal Code, regarding the counting of money in the
Treasury aud making statement thereof. THE
amendment makes 1.-THE Auditor" District Attor-
ney and Chairman of the Board OF Supervisors
count the money!
By Mr. TYLER-An Act to amend Section I'LL Of the
Code of Civil Procedure lit provides that summons
and other papers may be served on defendants any
where in the United States by registered Letters s
through the Postofce and t. receipt purporting to
be signed by defendant shall be prma face evidence
OF his receipt thereof.I
By Mr.. MAYBELL-An Act to add new section to
the PenalC
Also, an Act to prevent the burying of remains Of
deceased persons within three miles of cities contain
ing a population of more than 100, 600.
by Mr.. GAFFEY-AE Act in relation to work on
the sea wall OF this bill the author says: Tn
Code provides that work done on the sea wall shall
be let to the lowest bidder by contract. This bill
proposes to amend the law so that the Harbor Com
missioners can employ men to perform the work by
the day, and abolish the contract work The con-
tractors pay starvation wages, and when the lab0rer
is discharged ne is no better Of than when he
menced to work. This bill compels the Com
missicnerS to paw them httlc more, and they re-
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