Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-02-03


| to legaiize the act OF snv invention. Nhen man
takes certain pledges, they merely acts between
himself and the party which nominated him: "A
man is nominated because he is thought to be hon
est and If he is honest he will DO whatever he be-
lieyes is right 1t is matter the State has nothing
| to do with
Mr.. Fox said the house ought not to seriously con-
template the passage Of this bill. They PROPOSE
tions which should never find place oD the statute
| books. 1t Is made felony TO take an cath that
| cannot be administered a political pledge is maze
felony II is an attempt to legisate honesty into
men, which is another impossbility. The motion
TO strike out the enactng clause is the only proper
motion in a case of this kind. Who is to determine
what the pledge was, and whether it violated
not
Mr. TYLER said, in his judgment. . man who
would make plejges and violate them is not man
OF honor. Il he is not honest in politics he will not
be honest in any Of the walks Of life end you cai-
not make him honest. The members o. .ne sand
lot have star ed in the proposition that none OF
their men were honest and he was inclined 10 think
they were correct in this view
MIR. Bass said if that bill becomes 4 law man
will nave to keep his pledges, no matter how the
| people may have changed their minds.
! Mr. BRAuNHART moved to strike out the word
" oatn, SO aa TO have IL merely pledge.
The CHAIR said the motion to strike out the enact
ing clause is not amendable.
Mr. FISLArsoN said MIR. Braunhart had referred to
the Republican pledges. They had taken pledge,
! and when that pledge was broken it would be time
enough to talk about it.
slr Bennett in favor OF striking out the enact
ing clause, because no man can be made honest by
| law. IL Is hettnng man. 1t Is not pledge to
| stand by the people, but TO stand by his party
MIR. CARR OF Yuba thought the bill was opposed
| to the principles Of the Workingmens party A
man muy take certain pledge, and before ne has u
chance to keep that pledge the people may desire
different course OF action. and cannot obey
the wishes OF the people without committing a
| felony
Mr. SwEETLAND asked what Authority there was
for Convention administering oath. Men may
indorse the principles of the party in general but
he would not be wiling to take an cath to do GER
tain things in particular.
Mr.. MAY wo, Id vote for the bill, because the
sentemsn desired to infuse little backbone Into
those persons who have gone into Office in San
Francisco.
Mr. BRAUSHART asked how it would apply to the
Republican Supervisors in San Franc SEQ.
Mr.. MAY said the bin undertakes to define a crime
which it will be impossible to fix upon them. Men
sometimes say that they never took any such
pledges. He did not believe the bill would accom-
plish any practical gocd except TO stiffen the back
bones uf some men.
Mr.. FELTON, said he wanted better reason than
Mr.. May had offered before he would vote for it.
He opposed to the Oil
Mr.. YORK said 1t was not very handsome thing
to do to move strike cut enacting clause but
this bill is opposed to the true principles of a repub
liean form OF goyernm ent He was opposed to tax
ing oath before conventions. He was not IN
favor Of stimulating the backbone Of any party that
has no backbone or honesty of its own. He would
not vote for any measure that is not general.
Mr. Cook said that the legal aspect OF the case had
already been shown 1t is contrary to the principles
OF our Government, He was in favor Of strik ng
out the enacting clause.
Mr. MAYBElL said it Sc med TO be the idea that
| this bill would have vicious influence upon the
politics of the State. He thought this 4 narrow
minded view. He pointed the Constitution,
which says that lobbying is a felony, which shows
that the people desire to have their representatives
keep their pledges 1t said that law could not
stoop 81 low He had seen that law stoop so low as
to grasp poor, starving boy and hurl him into a
dungeon for stealing loaf OF bread There is law
for the weak but none for the strong. He admitted
that honesty cannot be legsiaed into men, but the
doors of the felon's cell be opened him the,
same as they are to other offenders.
| The ayes and noes were den aLded, and the enact
ing clause was stricken out b. the following vote
| Ayes-Adams Bass, Bennett, Brown OF Sonoma,
Brown of Yuba, Cameron, Carr Of Yuba, Chamber
lain, Coleman, Cook, Cooper, Del Vale, Downs,
| Durham, FELTON,, Fin'ayson, Fox. Fraser, Gorley,
Green, Hardy, Hershy. Harrison, Josselyn. Lane,
| Mathews, McComas, Mcintosh, Messenger Morse,
Sherburn, Stanley, StOddard, Streeter Sweetland,
TYLER, Ward, Wason of Ventura, Wasson of Mono,
| York, Young, Mr.. Speaker-i2.
| Noes-Anthony Braunhart, Burns, Carr OF Sacra-
mento, Cofman, Cuthbert, Garibadi, Gaffey May,
Maybell, Medallion, McCarty of Lake, Mccarthy of
! San Francisco, Sayle, Watson-l5.
AFTERNOON SESSION.
Assembly Bill No. S6-An Act to amend Sections
33, "a, 36, 40 A. 49, A. As, 46, AZ, 49, So 81 S. Sc
ST. co. 1l2 1l3, ia lis, 1l6, lis and l2l and 20 add
four sections to the Code Of Civil Procedure, to
be numbered Sections 81, 81, IS and CO, and to
peal Sections so to 90, inclusive, and III in the
Code of Civil Procedure in relation 20 the establish
ment OF Courts Of justice III the State OF California,
and the defining of their Jurisdictions (by Mr.. Nc
Carty-) Withdrawn.
Assembly Bill No. 6S-An Act to amend Sections
214, 215 2lG and 2lS, OF Act entitled In Act to
establish Code Uf Civil Procedure" approved
| March II, 1872, and the amendments thereof and
supplementary thereto, relating tr the time and
manner Of drawing jurors for Crrrts nf record Cby
Mr \ hx- tfa mi ttpfs
adopted, and read at length.
ASSEMBLY Bill No. i22-An Act to prevent the
sale and use of opium (by Mr. Corccran) Amend
| inent OF the committee adopted.
Mr.. MATTHEWS said the bill was absurd, and ought
TO be entitled IAN Act to increase the revenues of
| physicians.
| Mr.. BRowN of SonOma moved TO amend so that 1t
would not be necessary to go to physician for the
purpose of buying bottle of soothing syrup.
| Mr.. FELTON, said IL would throw the entire traffic
| into the hands Of the druggists.
| Mr.. MAY SAID the bill ought TO have gone to q
committee Of physicians. The amendments kill the
! bill, because the Cinnamon have their drug
gists lie proposed that it be referred to the Com
mttee on Hospitals Lost.
| Mir. FBLTON thought the first section should be
| stricken out
Mr.. CoRcoRAN said the objections were trivial.
The object is to prevent any person from selling
| opium unless he has q license. IL viii compel Chi
| nese merchants 70 take out license.
Mr.. TYLER said if the gentleman from San Joa-
| qun had lived in the back counties and his baby
had had the beIY-ache, ne would think very hard OF
the Legislature That had passed such law rs this.
There might not be more than dozen belly aches in
year, and no man could afford to pay license for
| that amount of business.
| The first section stricken out
Mr.. TYLER moved to refer the bill TO the judiciary
Committee. So ordered.
MOTIONS AND RESOLUTIONS.
! BY Mr.. FINLAYsON--Relatiye 20 quarantine de
pot asking the General Government to set aside one
of the islands for the purpose of making sanitary
depot Referred to the Committee on Commerce
and Navigation
| BY Mr. M6Y-Resolyed. That the Committee on
Corporations be instructed to report to this House
| whether or not the B nix Commissioners of this
State have com lied With the law in making re-
port of the business of thtr office during the frat
week Of the session.
By Mr.. BRAUYHARr- Resolved, That no standing
committee Of this House be authorized to confer
with any committee Of the Senate, except those
committees especially authorized by joint resolution
No. 49,
Declared out of order, because the committees
have no such power.
By Mr.. Fox-AllowiDg the judiciary Committee
to employ another clerk at So day. Rules sus-
pended and the resolution adopted.
ANOTHER MUDrLE
Mr.. CARR, of Yuba. offered resolution pursuant
to notice, changing Rule O. At present, a mo
tion to increase committee must be reported IA
vorably on by the Committee on Rus before it can
pass He wished it changed that three members
OF that committee cannot bold the whole House in
check.
Mr.. May opposed it, because it would oren up all
the committees to be changed.
Nj. DEL VAJLE favored 1t the ground urged
before 1t is desirable 10 have the different parts Of
the state represented on the Committee on Corpora
tions. He believed that the house ought to have
the right to rule Themselves and not allow one COM
mittee TO put veto upon their wishes.
Mr.. MAYBELL took the same view. He was opposed
to surrendering the prerogetisss Of the house To
single committee.
Mr.. TYLER said the house lad already found how
wise that rule is He was in favor o. sticking to the
plan already adopted. 1t will save erest deal Of
discussion
Mr.. CoRcoRAH said it never has been in the power
OF any committee to say to legislative body that
they shall not do this that But in this matter
three members of that Committee Rules eau die
tate to and control the action OF the house
Mr.. YOUNG said these matters should no. be left
to an impulsiye Assembly TO charge committees at
will. 1t is bad precedent. Il ought TO be referred
TO the committee aud have thorough examination
before any mittee is increased n N may seek 10
get committees for selfish reasons and it IL nos
desirable that they should be allowed 10 do IL.
The ayes an noes was called for, and tho resolu.
ton was lost by vote Of 15 ayes To Is nots
Mr.. BKAusIIARr appealed from the decision of the
Cha r.
The Chair ruled that two-thiris means twothiris
OF the house, and not two.thirds of the members
present. II two-thirds OF the members rr.sent
change rule, it would put il In tho
power Of the minority to watch their chance and
change all the committees and rules of the honso
This idea is carried out by the Constitution iteolf