Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-01-28

SENATE.
SAcRANExro, January 81, 1890
The Senate met in regular session at 10 A. NJ,
President Mansfield in the chair.
Roll called aud quorum present.
The journal OF yesterday was read and approved
account OF sickness. Leave also granted Mr..
Brown.
PETITIONS.
Mr.. BAKER presented petition from large num-
Der OF the patrons OF the public schools OF Santa
Clara county, asking that Section 1893 OF Part OF
Title ILL., OF the Political Code of California, be so
amended that the election of Trustees sha take
place the frs. Tuesday in May of each year.
Referred to the Committee on Education.
REPORTS.
Mr.. NYE, from the Committee on Judiciary, re-
ported back bills with the following recommenda.
tions: Senate Bill No. 99-An Act to amend
Sections 11Sl and 1ls2 of the Penal Code-lna ority
with amendments and without recommendation
Senate Bill No. 1l6-An Act to amend Sections 6l3,
Gil and 6lo OF the Code Of Civil Procedure
as amended; Senate Bill No. l17-passage as
amended Senate Bill No. 124-An Act to amend
certain sections OF the Code Of Civil PROCEDURE
passage rs amended Senate Bill No. l25-An Act
amend certain sections OF the Code of Civil Pro
cedure passage as amended Assembly Bill No. "a
An Act to amend an Act entitled an Act to def9e
the Senatorial and Assembly Districts of the State
OF California-passage Assembly Bill No. 93-.,n
Act relative to County Clerks-passpge.
It.
the Committee on Judiciary signed by Senators
Wendell. Httell and Satterwhite, Recommending
that Senate Bill No. 99-An Act TO amend Sections
l1S1 and 1lS2 of the Penal Ccde-do not pass They
held that the law it stands affords ample protec-
ton for criminals.
THE sPRAGUs CASE
Mr. JOHNSON moved that Senate Bill No 90 be
taken up and read second time, in order to gain
one days time He said that the bill referred to the
trial OF M Sprague, who is under sentence Of death
Oh the 9th of February. II the Legislature intended
to t3ke any action it necessary to take it
promptly.
The PREsiDEsr-If there is 10 objection the bill
will be taken up.
Mr. SEARs-l object.
Mr. JoHNsoN-A mere objection does not XII the
motion.
Mr.. SEARS We Will expedite business very much
more if We will proceed in the regular order. We
will reach that order of business undoubtedly this
afternoon and the sooner this Senate determines to
proceed with the regular order Of business every
day, the it will dispatch business Yesterday
we cleaned up the file and will do the same to-day
Let us 20 through the regular order.
Mr.. JoIISsoN-If | thought the bill would come
up this afternoon would withdraw my motion but
as | understand the business at the Secretary
desk, it viii not come up until tomorrow.
The PREsIDENT-Under the custom il will come
up to morrow on the file.
Various propositions were made to make the bill
special order at certain hours.
The PREsIDESTThe Chair will take the response
bty of ordering it at the foot of the file for day
GOVERNORS MESSAGE.
A ssage read from the Governor transmit
ting the report Of the Trustees OF the State Normal
School.
On motion of Mr.. BAKER, 800 copies of the rerort
were ordered printed, and printed copy ordered to
be sent to the Assembly.
INTRODUCTION OF BILLS
Bills introduced, read the first time of
length, and referred follows:
By Mr.. ESos-An Act to regulate the levying of
assessments and calls upon the capital stock Of cor
porations. Committee on Corporations
By MIR. CARLecK-An Act for the relief of John F.
Reynolds. GAppropriates $500 for apprehending
stage robbersl Committee Judiciary
By Mr.. RyAS-An Act to define the meaning of
certain terms used in Section 3440 Of the Political
Code. [Relative to tide lands.l Committee on Ju-
dietary.
By Mr.. SArTERwuITE-An Act prescribing the
manner of assessing certain property. fhe capital
stock Of corporations in Of that portion which
is invested i'll tangible property situated in this
State shall he assessed to the corporation shares of
stock to the shareholders the annual receipts
derived from the ownership Of raLchise is its value
and the franchise shall be assessed at that sum the
existence OF all private corporations franchises
Committee on Corporations
By Mr.. SEARs-An Act to provide for the main
tenance, government and discipline of the State
Prison and its branshes of the state OF California
This Act is founded on the New York prison laws
and the laws Of other States except that certain
changes sre Elaue TO conform to Constitution
1t contains the modern systems with some original
provisions Committee IN State Prisons
BY Mr.. LANGFORD-An Act to amend Section 3ITg
of the Political Code. Committee judiciary.
By Mr. GEoRGE-An Act to empower Justices Of
the Peace to hold inquests concerning fires Com.
mittee on Judiciary.
BY Mr. JonNsoN-An Act to regulate the rate Of
charges upon telegraph lines and to prevent extor
ton by owners Of telegraph lines. Makes the rate
u cents for ten words and cents for each addition
al ten words. Provides punishment Committee
on Judiciary.
GENERAL FILE.
The Senate took up the general file of the day and
bills were disposed of as follows:
Senate Bill No. 32-An Act to amend Sections
712, 72S. 732, 760, III, 772. SIS 500 $50 500 $50
1877, 1885, 1906 IiGS 1869, 1jl5 1916 1556 of an Act
entitled an Ac. to establish Penal Code approved
February H. 1872, providing for certain proceedings
before the Superior Courts, the Jud ,es thereof
in place of the Courts abolished by the new Consti
tuition or their Judges (by Mr. WendelD was taken
up read second time by sections, the amendments of
the Committee on Judiciary adopted, and the bill
ordered engrossed.
THE President pro tenn. in the chairl
ALIENS IN OFFICE.
Senate Bill No 9i-An Act TO amend Sections 2G5
and 266 of the Code of Civil Procedure relating TO
officers of the Supreme Court (by Mr.
Hittell was taken up.
Mr. ESos moved to recomrnit the bill with instruc
tions to amend follows: Amend Section bv
adding after the word Baiffs' the following: And
such secretaries and Raffs shall be legal Of
the State at the time OF their appointment
Mr. HIITELL opposed the amendment. 1t might
exclude young men who were not Of age and ior
eigers who had declared their intentions to become
citizens from holding these offices. He thought
too that the Justices ot the Supreme Court could be
trusted to selec. proper
Mr. CoNGER favored the amendment on the ground
that aliens ought not to hold office in this State
Aliens should pass through probationary state be-
fore taking offices here.
Mr. JOHNSON took the .rrOuud
Mr.. NYR thought that the law already provided
that one could hold office except those who were
u years Of age and citizens Of the State.
Mr. SATTERwnITE held the same opinion
Mr. PARDEE thought no one could be injured hv
the adoption of the amendment, and he was in favor
Of it.
lIr ESos held that the amendment could at least
d. no harm. The position OF Secretary OF the Su-
pgeme Court u confidential one, and ought only
to be held by an American citizen.
The motion pre'aied by a ote Of 10 ayes to II
noes.
Senate Bill No. 34-An Act to amend Sections
s72 S75 and 70 repeal Section s74 of an Act enti-
tied an Act to establish a Penal Cude approved
February II, 1872, relating to c minitments Of
persons charged with crime (by Mr. Wendel.)-was
taken up, read second time by sections, amendments
OF Committee on judiciary adopted, and bill ordered
engrossed.
Senate Bill No. S8-An Act to amend Sections
1906 1906, l307 Of an Act entitled an Act to estab-
lish Penal Code, approved February II, 1872,
relating to forfeiture of bail deposited in lieu of bail
(by Mr.. Wende)- was taken up, read second time by
sections, and the amendments OF the Committee on
Judiciary adopted.
On motion Of Mr. Eyos, the bill was amended go
as to give bondsmen 90 DAYS instead of 30 days.
Bill ordered engro sed.
Senate Bill No. 39-An Act to amend Sections $50
7S4, 1871, 7Ss, 7S9, 790 1872 500, sol, S02 s06 Sss
949, $50, 95l 95s e54, 955 $751; p5S, $50, $50, 96l
964, 965, $685. 967, 06s, 969 970, 97l 972 g76, 977
9Sl, SS2, 985 o3S, 9s9, 900, $685. 996, 9,7, sos
500, 1904, 1905, zoos, 1909, 1872. 1915, 1O17,
lO1s, 1Ol9, 1o2l, 1922, 1923, 1924, 1925, 1893,
1043, 1047, -l04S, 1852, s1065, 1914, 1898, 1925,
l09S, 1899, HOO, llc3, ll0i, lll3 I1l4 11I5
1117, 1l21, 1l25, 1126, 1l3l, 114l, 114S, 1150,
ll51, 115j, 11s9, 1159, 1I60, 1l65, 1170, 1lsl
1lS5, 11s7, 1lsS, 1900, 1907, 1898, 1878, 1884,
1885, 1887, 1883, 1910, 1926, 1885, 1916, 134o
1854. 1853, 1865, 1870, 1873, 1882, 1888, 1895,
1896 140l 1429 of an Act entitled Act to estab-
lish Penal Code, approved February a. 1872, and
to add new section thereto, to beinown Section
500, to provide for prosecutions, and adapt the
provisions of said Code thereto (by Mr. Wendell-was
passed over temporarily.
Senate Bill No. 40-An Act to repeal an Act ent-
tied " An sct to prevent changes in the textbooks
in in the public schools approved December Is,
1875 (by Mr. Davis)- was referred to the Committee
on tduca.ion.
Senate Bill No. ss-An Act 10 amend Section 10
of the Code of Civil Procedure relating to rules of
Courts (by Mr.. HittelD was ordered engrossed.
At 1910 the Senate too recess until 1:30 P NJ,
the Senate Chamber being unfit for occupancy
account OF the cold drafts that pervaded it.
AFTERNOON SESSION.
The Senate reassembled at 1;S0 P. NJ, President
Mansfield in the chair.
Roll called and quorum present.
GENERAL FILE.
The general file was resumed.
Senate Bill No. 100 An Act to amend Sections
367, 372 and 373 OF the Code If Civil Procedure,