Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-03-12

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the books, aud still these games are not molested
The rm comes from the yellstocked cellars in a
country where wine is SO cheap. He said bill was
penoiDg to make the University distillery for the
purpose OF teaching the youth how to make
nauor, ana this bill was TO make it a penalty to
drink that liquor
Mr.. MAYBELL said in a dark places there are
numerous spider webs; in all dark places in great
cities there are to catch the unwary loot of
the wayfarer. Let every man contemplate the work
lngs oil this pernieious practice and see If he can
vote against this bill If he could not be elected
cept by the votes of these men who keep these
deadials then he would be willing to stay at home
all his life is bill in the interest of the poor
iaoering men, and more particularly in the interest
| OF the families of the poor men.
| was ordered
The motion to reconsider was carried by vote of
81 to 81 The bill was then passed by vote of 4s
| to 25.
/ SECOND READING OF BILLS
Assembly Bill No. S9S-An Act to provide for the
auditing and payment OF the county portion 81 the
| salary OF Superior Judges-was on motion OF Mr..
| COOPER, taken up out of order and placed at the
head of the third reading file.
| RECONSIDERATION
| Mr.. TYLER called up his notice to reconsider the
vote by which the House refused TO pass Assembly
BIZ No. 1872, relative to pawn brokers. The vote
was reconsidered, and the bill put upon its final
| passage.
The bill was passed.
| AFTERNOON SESSION.
The Assembly met pursuant to adjournment,
] Speaker Cowdery in the chair.
Assembly Bill No. 4o4 was taken up and the first
| amendment read to Section 5.
Mr. HARRISON said there was but little difference
and he thought it better to accept it. He moved to
! concur.
| MIR. MORSE raised the point that it required Al
votes to concur in an amendment
| Taken under advisement.
The roll was called, and the amendment was con-
CURED in by vote of So ayes 10 IL noes.
| Dir. BRAUNHARr moved to concur in the
| amendment to Section s.
| Mr.. LEACH moved to concur in the amendment to
| Section 8.
| Mr.. TYLER opposed concurrence Nine-tenths of
| the House had taken an opposite stand. He
wanted to know If this House going to eat dirt
at the hands of the Senate? Are we going to
| fish now, after all the arguments as to the dire
| caamities which would foowf He himself had
tried to get the same proposition in but they voted
| him down. He wanted to know what reasoning the
| Senate had brought to bear He wanted to see men
consistent. If it bad thing before, it is bad
| now.
| Mr. HARRIS said he had before voted against this
amendment He knew no reason why he should
change that opinion. So far from it he felt fortified
in his former opinion. There have been two parties
the one in favor of taxing stocks and another party
that they would vote for what they thought right
regardless Of the Constitution and deciions of the
highest Court in the land. For himself, he would
bow to these decisions as the law. When the Su-
preme Court Of the United States have settled a
principle of law he would not attack il. He had no
was he their special advocate. Nor Of especially
defending labor but represented labor and capital
and the best interests of the country. Labor and
capital must 60 hand in hand together Corpora
tons must be made to bear their just share Of taxa
ton. tits right in principle that the Government
should raise revenue 1t is necessary. Govern
ment cannot exist without it. Hedefned the mean
ing Of the word corporation" and argued
that the legal owner Of the capital stock
was the corporation. 1t Is the corporation
as corporation, and that corporation be
hafn 4la 4
rights and privileges and restrictions OF natural
person, and no sophstry can evade it. Gnce they
should pay the tax upon that property, and not the
individuals who are the component parts of that |
artificial person. The franchise is property and may
be taxed. The stock is the basis the measurement
upon which the franchise is taxed This artificial |
person is protected by the State, and they have no
right to claim exemption from taxation. He be- |
heved he right, and he intended to stand firm
Mr.. SPENCER said it now becomes necessary to
slider the question as matter OF interest to the
State. II IS doubtful whether have a reve-
nue. law in this State. The Assessors are waiting
for the action of this Legislature. The amendment
is to whether the stock shall be assessed to
the individual or to the corporation He was willing
to lay down his personal preferences rather than
defeat the entire bill. 1t was at this stage good
policy to give way this single point, and concur
in this amendment He believed that is is the bost
that can be done. The House has made gallant
fight, but the other of the houses must re-
cede and the grounds of the great interest of the
people he should surrender his views and vote to
concur.
Mr. YORK said he was satisfied with the bill as it
was, but he did not deem this as impor-
tant as the one maze to the first section. Conces-
sion in this case is a matter OF necessity and the
members will not be accused of "baeking down."
II the House does not recede there will be no rev.
bill this year. That is result that is desired
by some, but he was not one of that number. If it
goes to committee the same result will be reached
at last.
Mr. Fox called attention to the condition of the
amendment. The House passed bill in consttu-
Now it is sent back with amendments, and there is
telling from the bill how it passed. There is
something more than clerical errors. IL differs in
form and substance from the original bill There
several places where it differs. One OF |
these changes is most vital one, rs
the word 'Esto k" is left out 1t makes
vital difference in substance There is a very
great difference between capital" and "capita |
stock" He raised it point OF orler that the bill
is not printed as amended
The CHAIR thought 1t was vital mistake There |
was great difference between the two terms The |
Constitution says that neither house shall put bill
upon its final passage until printed as amenied He
finally ruled that the House would go on with the
BILL
Mr.. TYLER said the Constitution had not been
complied with by the Senate, and he moved that it
be returned to the Senate for correction.
Mr.. LEACH moved to postpone action until to-
morrow at 10 o'clock. So ordered.
RECONSIDERATION.
Mr. SIMON moved to reconsider the vote by which
Mr. Youngs land bill was rejected
Mr.. DEL VALE raised the point Of order that the
notice was gwen pending the roll-call.
The SPEAKER sustained the point
Mr.. SIMON said he had gwen notice both pending
and after the rollcal, and he appealed from the de-
csion.
Mr.. MoDADE said the minutes had before been
changed when found to be incorrect and he thought
they ought to be corrected now in that respect.
Mr.. SIMON said as there was technicslity in
the way he would withdraw his appeal. He after
wards renewed the appeal.
nrrN with int af
having read the members who moved the previous
question Caudle lecture for their dscourtesy in
shutting off debate on an important question.
Mr.. TYLER renewed the point Of order, which was
sustained.
Mr.. CoRcoRAS app, aled.
Mr. TYLER suggested that by vote the vote by
which the journal was approved be rescinded, and
the journal be corrected to meet the necessities OF
| the case.
Mr. CoRcoRAN did not want the House to hide be-
hind technicalites. He said it was rule Of the
House not to approve them the following day.
The CHAIR said the Journals were approved with
out objection.
The appeal was withdrawn to allow the vote to be
reconsidered.
| Mr.. BRAuYuARr made the motion to reconsider
the vote by which the journals were corrected.
Carried. He then moved to correct the journal. So
ordered. The motion to reconsider was lost.
On motion of Mr.. Fox, Mr.. Chamberlain's bill was
| taken up. lRelating to trespassing on inclosed
| lands, building fires etc.
Mr. HARDY moved to amend SO as to allow per.
sons to go upon the land of others for hunting
Mr.. HARDY moved an amendment that will allow
| hunters to hunt without being subject to severe
penalties He defended the interests of the knights
| Of the rod and gun. He said suppose there will
| be objections raised. l expect the man who owns
10000 acres of grazing land to object He will GER
| tainly object to the sportsman hunting the wild
| game upon his land, which belongs to all alike
The people at large have some rights in this world
| though some would deny them Hunting and fish,
| ing are among those rights Hunting is one
of the sports to which many Of addicted, and
we derive great deal of pleasure from it, 1t is
| about the only avenue Of pleasure that is open to
/ many and then only for short time during the
| year. When, after months OF weary toll in the
great cities we seek the country are we to find the
gates of every farm closed and barred against u.s.
they in England, where it is worth mans lib
| ertv to shoot bird upon the lands
| OF the naughty lord Are we to have the game
laws Of Europe engrf ed upon our statute books in
this enlightened country? The hunter does not
| endanger the property of the farmer. Generally
| game is not found on lands that are cultiv ted,
but on those wild tracts that uncultivated and
| unimproved There the hunter can do no harm,
| and there the game abounds. Must l, forsooth,
travel thirty miles along the unbroken fence Of Lux
Miller to find the owner, in order to get permis
/ sion to shoot rabbit antelope? say sir, 1t
is not right do not contend for the right to hunt
in grain fields where there is danger; but do say
it is unjust to close every gate In the State
against the hunter. There is general ownership
in the game of the State You might well fence
I'D the bay and say shall not cast my line for fish
| You might Just as well put gate across the mouth