Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-03-04

SACRAMENTO, March 3, 1880
The Senate met in regular session al 10 a. NJ.
President Mansfield in the chair
Roll called and quorum present.
The Journal of yesterday was read and approved
Mr.. Brown introduced an Act concerning roads
and highways in the several counties Of the State
REPORTS.
Mr.. DICKINSON, from the Committee on Military
Affairs, reported back favorably, as nded, Sen
ate Bill No. l54 and adversely Senate Bill no 155.
both relative to the National Guard of California
Mr. BURT, from the Committee on Public Morals,
reported back 1avorably Senate Bill No. 305-Au
Act to provide for the recovery of damages fuI
death or injury caused by the use Of intoxicating
liquors.
Mir. PARDEs, from the majority Of the Committee
on Finance, reported back favorably Assembly Bill
NO 94-An Act to leSaiize and validate the assess
ments on the assessment roll for State, county and
consolidated city and county taxes for the fiscal
year 1S79-S0
Also, minority report, holding the bill to be un-
constitutional.
Mr.. JOHNSON, from the Committee on Chinese and
Chinese immigration, reported back favorably Sen
ate Bill No. 405-An Act to promote emigration
from the State; and Senate Bill No. 135-An Act to
provide for the removal OF Chinese whose presence
is dangerous to the well-beiug OF communities out
side tn, limits of cities and towns in the State OF
California.
Mr.. NYE, from the Committee on Judiciary, re-
ported back bills with the following recommends
tions Senate Bill No. 269-An Act TO amend Section
of an Act entitled an Act to establish a scale oi
measurement.of logs-passage as amended Senate
Bill No. 29S-An Act to amend Section 800 of the
Code OF Civil Procedure relating to property exempt
from execution-passage; Senate Bill No. 23l-An
Act to provide for the payment OF the claim OF II.
L. Nichos-indeinitely postponed; Assembly Bill
No. 37-An Act to amend certain sections OF the Pc.
litical Code c9nferTing upon the Superior Courts,
their Judges and officers, the jurisdiction here
tofore exercised in certain cases by the Courts
abolished BY the Constitution, their Judges and
officers-passage; A-sembly Bill No. 42-An Act to
confer upon the Superior Court OF each county and
Judge thereof powers heretofore possessed by the
District and Probate Courts and the Judges thereof
passage; Assembly Bill No. 203-Au Act to pro.
vide for the taking OF appeals from judgments, OF
orders given or made in the Courts in this State
prior to January l, 1sS0-passage Senate Bill No
3l0-An Act appropriating money for the relief Ci
NJ g. Louisa Kohier-indefnite pos.ponement Sea.
ate Bill No. 3l2An Act to provide for the payment
OF the claim of Anna L. Haight and Stephen H. Phil
hps-indefin.te poStponement; Assembly Bill No
102- An Act relating to the appointment of aliens
under State city, county and town officers passage
Assembly Bill No. 36-Amending certain sections
OF the Civil Code, cOhferrinr certain powers
on the Superior Courts-indefinite postponemeut
Assembly Bill No. 43-Au Act to amend Sections
11S0 and 1lS1 OF the Civil Code, relating to the
proof and acknowledgment OF finstruments-pass
Sen lte Bill No 2S0-Au Act to amend Section 539 o
the Code of Civil Procedure relating TO writs of at
tachment-passage as amended Senate Bill No.
350-An Act TO prevent the accumulation of large
landed estates-pissage OF substitute; Senate Bill
No. 36l-An Act 20 amend Section 1873 of the
Code OF Civil Procedure relating to the time within
which certain actions may be cJmmenced-passage
Senate Bill No S69-An Act to pu"ish baggage
smashers- passage; Senate Bill No. 372-An Act to
the OF large tracts OF laud in this State
against Senate Bill No. 353-An Act to prevent the
accumulation of large landed estates.
ASSEMBLY MESSAGES.
The Senate took up the Assembly messages as
follows:
Assembly Bill No. s61-An Act in relation to Ger.
tain deputies, assistants and copyists OF County
Clerks Ordered on file.
resolution was offered by Mr.. JOHNSON and
adopted directing the clerks OF committees to pre-.
pare reports for minorities when requested.
TAXATION.
The Senate took up the special order:
Assembly Bill No. 404-An Act to amend Sections
3607, ,3617, 1927, $685. 3629 $780, 1884, 3640 3643,
$780, 3651, 1862, 1868, 3673 367s, 367s, 3717 $780,
1852, 1856. 1899 and 1861, and to repeal Sections
$3.50 end 1861 of Act entitled Act to establish
Political Code, approved March II, 1872, relating
TO revenue and to add two new sections, numbered
1864 and 1865.
Discussion was resumed on the amendments
offered by Messrs. BAKER and DAVIS
Mr. HILL spoke against the amendments and
urged the Senate to stand blythe bill it from
the Assembly. He held it was not double taxation
to tax bank the deposits in the bank and to
tax the depostors. 1t was SIMPLY tax the
franchise.
Mr. CHASE ur2ed q vote on the amendment
Mr. NyE spoke IN favor Of the clause in theamend-
ment exempting the dep0stors in savings banks,
and against the clause declaring that there shall be
no double taxation.
Mr. wilson urged vote on the amendments
Mr.. LANfsoS spoke against the amendments and
in favor of the section as it stood. The amendments
would only open the gates to more law suits. lie
was opposed to double taxation at all times
The question on the adoption of the amend
menL offered by Mr.. Davis.
The amendment was lost by the following voc:
Ayes-Bakers Brown, Carlock, Cheney, Davis,
Johnston, Neumann, Pardee, Pool, Sears Traylor,
Watson-l7.
Noes-Auderson, Burt, Chase, Conger, Enos,
Gascock, German, Harlan, Hill, Kane, Kelly, Lamp
son, Langford, MOreland, Nelson, Nye, Ryan, Sat.
terwbite, Wendell, West Zuck-21
The amendment offered by Mr.. Baker was lost by
the following vote:
Ayes-Baker, Brown, Cheney, Conger, Davis,
Dickinson, George, Hlttell, Hudson, Johnson John.
ston Neumann, Pardee, Pool Sears, Traylor, Wat
son-l7
Noes-Anderson, Burt, Carlock, Chase, Davis,
Enos Glascock, German, Harlan, Hill, Kane, Kelly
Lampson, langford, Moreland, Nelson, Nye, Ryan
Satterwhite, Wendell, West, Zuca-22.
Mr. BAKER moved to amend Section 1 by adding
the words :" But no property is subject to double
taxation to be twice charged or assessed in the
same year by tn same tax"
The CHAIR ruled the amendment out OF or,er on
the ground tilat it was the same amendment in
substance, already voted down.
Mr. BAKER appealed from the decision of the
Chair.
The Chair was sustained by vote % ayes to Il
Mr. JOHNSON moved to amend by adding to Sec
ton l. Provided that double taxation shall be
allowed if permitted by the Constitution"
Mr. RYAN moved to amend the amendment by
adding to Section l I" But person, company or
corporation shall be twice assessed ON the same
property for the same tax in any one year"
Mr. JOHNSON raised the point of order that the
last amendment was out of order under thu last
ruling OF the Chair
s'rhe CHAIR held the point of order to be well
taken and the amendment out of order.
Mr.. SATrERwHITE appealed from the decision out
OF order.
The decision of the Chair was reversed by a vote
of Is ayes to % noes.
The substitute offered by Mr.. Ryan was lost by a
vote OF Is ayes to 20 noes.
Mr. JOHNSON withdrew his amendment
Mr.. NYE moved to amend Section l BY adding
"Credits, claims or demands due, owing or accrll-
ing to bona de residents of this State, for or on
account of money deposited with any savings and
loan corporation organized under the laws of this
State SHALL for the purposes of assessment and tax.
alton, be deemed and treated as interest in the
property of such corporation.
Mr.. Hnrf.aL offered the same amendment, and it
was accepted.
Mr. JOHNSON raised the point Of order that the
amendments were out OF order under the previous
rulings.
fne CHAIR ruled the point OF order not well taken
and the amendment in order.
Mr.. JOHNSON appealed from the decision of the
Chair
The decision of the Chair was sustained by a vote
of 30 ayes to noes.
The amendment offered by Mr. Hittell was lost by
ayote of II ayes to 20 noes
The Senate took the usual recess.
AFTERNOON SESSION.
The Senate reassembled at 130 p NJ, President
Mansfield in the chair
RgH called and quorum present.
MIR. luck, from the Committee on Contingent Ex.
penses reported back various resolutions in regard
TO ice bills, porters, etc.
long discussion arose over the appointment of a
commlttee-room porter The report of the com.
mittee was adopted.
Mr.. JOHNSON gave notice of motion to recon.
slider.
GOVERNORS MESSAGE.
message was received from the Governor. an.
nouneing the appointment of W. A. Ashburner, of
San Francisco, John Bidwell of Butte and b. b.
Redding, OF San Francisco, Regents of the State
University.
The Senate went into executive session, and con.
hrmed the nominations unanimously.
TAXATION.
The Senate resumed consideration of Assembly
Bill No. 404.
The Secretary read Section g
Mr.. BURT moved To amend Section g Subdivision
l. lines and 10 OF the printed BILL by striking out
the words or right to the possession Of :" also by
inserting the word or /" before the word owner
ship Mr.. Burt stated that his object was to reach
a certain class in the mountains who would other
wise escape taxation-the makers of shakes and
shingles
Messrs RYAN, MoRELAsD and SEARS opposed the
amendment.