Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-01-16

pity registration render it less expensive and les:
liable to errors. 1t does away with the Great Regis
ter, and substitutes system of precinct registers
Provides for precinct Boards of Registration, 20 be
app lnted by the Boari of Supervisors in the same
manner as Boards Of Election are now appointed
These Boards must hold a session of AZ least two
days thirty days previous to each general election
and make precinct register, on which they must
place all the names appearing on the register last
| used except the names of persons that have since
died removed, and must keep Ii on which shall
be placed the names of applicants not yet entitled TO
registrati H. but will be DAYS previous to the
day of election, ',hen they may appear and have
their registration perfectedl Referred to Commit
tee on Elections.
By Mr. Canaan Act to amend Section 266 of the
Political Code Ian Act to fix the per diem and
| mileage of members of the Legislature in compli-
| ance with the requirements of the constitutional
By Mr.. SISoS-An Act to secure the payment af
material and labor done or furnished. Referred to
Committee ON Labor and Capital.
| BY, MIR. MAYBELL-An Act to take the power ii dis
| charge out of the hands of the several Boards OF
Directors in the several counties, and place the
under the control OF the Superior Courts
Mr.. TYLER m we'd TO reject the bill. Ny reasons
| are this 3: We have great deal of work to do II
members will insist upon introducing bills ne e. and
| then call for their reading at length, bill, too,
which clearly violates the Constitution it seems to
me that we should reject them
| Mr.. MAyBBLIr-The gentleman seems to object 10
this bill simply because demanded its reading on
the ground of constitutionality. Now the reason
demanded the reading OF the bill is, that it may be
in accordance with the Constitution in case that it
should be held by the Courts to be necessary. The
reason offer that bill is take the education of our
children out of the nasty pool of politics. The
Boards OF the several counties, previous to cleo
ton, send out circulars proposing reduction of
salaries The result is there is great sensation
among the teachers They hold little caucus. and
it is said they go and see the honorable brokers
who procured them their election. say that it is
high time that the 'ucation OF children should
be taken out of politics and placed in the hands of
| the Superior Courts.
| Mr. BRAUNHART-The gentleman from Alameda is
repeatedly making motions to reject bills 1t was
only the other day that offered bill here and the
gentleman moved to reject it. / propose to intro
duce that bill again. want to see it established as
rule here that bill shall be rejected unless it is
nsoent or couehed in unparliamentary language
| Mr.. FoX-Mr. Speaker, | am not partial to 4 mo-
tion to reject bills. There are some good points in
the BILL perhaps, but it is certainly unconstitutional
But would not be in favor of motion to reject
would rather allow the author to withdraw bill
| that has clearly unconstitutional provisions. Now
we have all taken oath to support the Constitu-
ton, and believe the gentleman from San Fran
cisco striving consc entiously obey the mandate
of the organic law. But it seems to that he has
! by some oversight presented a bill clearly
| in conflict with the Constitution. The Con-
stitution provides that the powers of this gov
erneut shall be divided into three several depart
ments legislative, executive and judicial, and no
person charged with the exercise of the powers
properly belonging 10 one department shall exercise
any Of the functions pertaining either OF the 9TH
erS, etc. So that the executive powers and duties
of the Government cannot be delegated to the Su-
perior Judges
Mr.. SPENCER-Mr. Speaker, had thought that all
had equal rights here. had thought that this was
representative body, that each member upon this
| floor was the peer of the Others member of this
body has introduced bill here in accordance, no
doubt, with his Judgment and honest conviction of
right. / am opposed, sir, to sttin; here aud re-
fusing to consider any bill. am not here argue
whether the bill is right or whether il is constu-
tional. But, sir, call the members attention to
the fact that they directing themselves into
/ dangerous custom when they establish precedent
here that we shall here consider the consttutonality
OF the bill on its first presentation | hope the mo.
tion to reject the bill will not be sustained
Mr.. NAY-Mr. Speaker, upon all occasions it is
with great reluctance that bring myself to vote
for the rejection of bill presented by member of
this House, and particularly it Is painful to to
fee compelled to vote for the rejection of bill pre-
| sented by colleague from San Francisco. To my
mind the reason assigned by the gentleman who
presented it why it should become law is the very
it should not be. He remarks that the school
department of San Francisco is in the filthy pool of
politics. 1t may have fallen into error.
Nc. Naturalization me to correct the gentleman.
/ did not say San Francisco alone
Mr.. MAY-My hearing is not the best under
stood him to say that preceding the last election
some men had been turned out and other men and
women turned in for political purposes. Probably
L misunderstood nu1l Inere was an ecHO or the
sort floating through the room. And now say to
the gentleman that instead of taking the school de-
partment out OF politics he would By his bill drag
the ermine down into it. One of the great evils OF
the past in this State has been that politicians have
used the Judiciary pull their chestnuts out of the
fire. 1t has occurred over and over again in San
Francisco, and the very first Act that passed by
the Legislature at this session to undo piece
of work of that sort When it desirable for San
Francisco particularly to accomplish some object it
was provided that the Judge of some Court, or the
Judge OF some other Court should do this thing
or that thing, and they, always did it.
the men who stood behind them and pull the wires
and the ermIne was dragged down into the I'll by
pool. That one of the things which the frlners
OF the Constitution determined, in their wisdom TO
stop forever and day. The gentleman has very
ably presented several reasons why this bill WAS un-
constitutional. have another reason: The Consti-
tuition says they (he Judges shall be ineligible to
any other Office position. That is absolutely con-
elusive. This bill is certainly clearly constitu-
tionai.
Mr.. YoRK-Nr. Speaker am opposed on general
principles TO establishing the precedent which We
likely to establish. do not think it necessary
to go into discussion of the cOnstitutonaity of an
Act upon its first presentation to this House. am
opposed to il upon general pTinciples-frst because
we are opening the door to discussions here which
will consume the valuable time OF The members and
| believe it is the duty of the Committee on Judi
cilry to look these bills through and if they dis
any thing wrong to report the back to the
House. NOuu not pace Il gay upon anN man. 1
sand here upon this floor Republican through and
through, and do not believe in the narrow spirit
that would place bulldog at the door OF this hall
to shut out bills from party spirit.
Mr.. TYLER-I suppose the gentleman from Santa
Clara has heen to dog fight somewhere Now
when gentleman gets up here and says that this is
not proper motion to make he shows his iguora ce
of parliamentary law
Mr.. YORK; rise TO Point Of order. did not SO
state
Mr. TYLER did not charge that he did had
no reference to him. Now am just as much op-
posed any man 10 the practice of rejecting bills
But it is one the first rules OF practice that if any
objection is made bill the question shall be shall
the bill be rejected: Now ii there could be the
slightest doubt in minds to the constitution
ali5v Of the bill, would not make that motion
Neither would make the motion upon the ground
that it is unwise legislation. because that involves
the merits OF the blll. know my friend would not
Intentionally introduce bill that is in conflict with
tine Constitution, but this bill is clearly in con-
lict with the organic law that think t ought to be
rejected.
Mr. MAYBELL-I see that have woke the legal
lumi;lary and run against snag. expected that.
the good of having bill read here before it is
referred TO committee. Now what the bill
is. The very. able gentleman from Alameda, and
the Republican gladiator from Santa Clara
THE SPEAKER-The gentleman VIII not refer to
the gentlemen on the floor
Mr MAYBELL-I would like to know If euogizing
is unparliamentary
The sPEAKER-No sir but it is not in order to
allude to the gentleman as gladiator.
MR. NAYBELL REPLIES.
Mr.. MAYBELL-Now, sir, notice when you wake
up one of these legal uminaries it puts me in mind
of the individual whuwas endowed with great psyche
logical powers, and could take up a white handker-
chief and say ''This black is handkerchief" The
observer would say. =" No, this is white" The psy-
chologst would call his attention to a black
spot it, point to it, date upon it,
issue q supplement with marginal notes.
turn it over and over until the spot grew and grew
and at length covered the whole handkerchief and
at last the fellow would say, YEA verify ii is
black handkerchief" These legal gentlemen will
| take single word, and humble over it. hurl law.
books at it, lombard it with the Constitution until
finally the house is psychological and ready to ex-
claim, Yea verify, law means what it don't mean,
and don't mean what it does mean" Now il there
is anything good in that bill-and the gentleman
says there is-let it go to the committee and be
made to conform to the Constitution.
Mr.. CARR-Mr. Speaker, think IL is perfectly
proper, if wish to reject BILL to reject it and
] think this bill, being unconstitutional, would so
disarrange educational system that we would
have no system at all. as teacher am opposed to
the bill coming in here. In regsrd to the good
points, take the unconstitutional parts out of the
bill and there would be no good points left
By permission the author allowed to withdraw
the bill.
MORE BILLS.
EBy Mr.. MERuY-An Act TO amend Section 1883 Of
the Code of Civil Procedure. fAlloys the redemp-
tion Of real property sold uDier an execution, or on
foreclosure Of mortgage within one year, and re-
ducing the interest from two per cent. per month to
one per cent.
Also, Act to amend Section 102 of the Code OF
Civil Procedure.
Alse an Act tn repeal an Act to. confer further
movers uDon the Board OF Supervise OF San Fran.