Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-02-06


| were reserved from that date, although our Com
missoners have repeatedly decided to the contrary,
and although the company had selected another and
different route and after the private settlements
changed to this route this bill asks our Congress
men to widen the scope of Coxs bill in Congress, to
cover this case if practicable. II not to use their
endeavors to procure national aid through the At
eyGeneral, in having the question, as between
| the Railroad Company and the people, finally and
fully settled in the Supreme Court OF the United
| States
| Civil Procedure.
By Mr.. NLgR-An Act to amend Section 949 and
ether sections OF the Penal Code in reference to in
dictments.
| BY Mr.. WATSON Of Mono-An Act to amend an
Act entitled an Act pertaining miners. [The old
law only provides for the protection OF miners in
the matter OF second mode of egress. This amend
ment extends the protective clause, and provides
against defective machinery boilers cables ladders,
| etc., and requires the same to be inspected by
competent person every three monthsl
| by Mr. SAYLE-An Act to amend Section $50 of
the Political Code. 1.-THE bill is simply to authorize
the Superior Judges to approve the official bonds of
county and township officers and Notaries Public in
| their respective counties.l
MESSAGES PROM THE SENATE
The corrected Senate bills were taken up and the
| amendments The House refused to concur in the
amendments because the Senate had not printed the
| amendments. The same action was had with refer
ence to all the bills, and they returned to the
| Senate.
SECOSD READING OF BILLS
| Assembly Bill No. 232-An Act to protect apri
culture and to prevent the trespassng of stock upon
| private property (by Mr.. Mccarthy.
Mr.. McCARTY moved to amend SO as to make it
apply only to Lake county. Re-ieferred.
| Assembly Bill No. 16S-An Act to amend Sections
537 and 53S of the Code of Civil Procedure in rela-
tion to attachments (by Mr.. Sayle)
Mr.. Fox explained that the bill regulated the at
| tachment law by giving the right OF attachment
against all n.n-residents and those about to leave
| the State.
| Mr.. FINLAysoN moved to strike out the enacting
| clause. Carried
| legal rate of interest (by Mr. MaybelD
Mr.. FtNLAYsoN moved to strike out the enacting
clause.
| Mr. MAYBELL SAID that this State was the only
| State up to the present time which had not law
| against usury on the statute books He thought he
was not being dealt fairly with, and he would like
| to have the gentemans reasons for opposing it.
Mr.. FINLAYsoS replied that the Judiciary Commit
| tee had reported in favor of its rejection.
| Mr.. TYLER said that it would be unwise to fix
the rate OF interest money as to fix the price Of
tea coffee. 1t was impracticable and contrary to
| the experience OF nations. Money, like merchan-
| disc, would regulate its own price.
| Mr.. MAYDELL expressed his perfect astonishment
at the stand taken by the gentleman from the Ar
bill did not aim at special legislation. ''The gen
tlemans argument is very thin-supremely thin"
| The interest on money is about the same thing as
| the profit on goods or merchandise. High rates of
the State. gentleman wishing to start factory
| in California and who has not the capital at nand
has to borrow money at high rate of interest. II
| he can get money cheaper in another State he will
do So and this State will be injured to that extent
So IN the of grocer who charges high profit
| on his goods-he will lose all his customers. The
| effect would be the same on bank any other
| business institution. The poor devil wrecked on q
financial cries for help and the financial Shylock
charges him what rate he peases and the result is
that in few years Shylock forecoses the mortgage
and becomes the owner OF the property of the afore
| said poor devil.
Mr.. TYLER (glancing at the Chair Thine,
Mr.. MAYBELL do not wish to be understood as
aiming blow at capital or aristocracy. 1t is q
blow aimed at that individual aptly described by
Shakespeare, the Sbylock, who with his financial
| knife would cut out the heart of the poor man
| who would take him by the throat and choke the
| life out of him.
Mr. Fox thought the gentleman had given the
very best argument in favor OF striking the
acting clause of the bill. II the price Of interest
was analogous to the price of merchandise (as it
was) California was not prepare to close her doors
| against the competition OF other States. New York
| has usury law her statute book and yet the
| interest on money is as high in certain
cases, because it is taken out in commissions etc
The bill does not propose wise legislation, legis
| lation for the best interests of California.
| Mr.. MclNTosH personally would oppose the bill.
but he believed that the people wanted usury law.
We enact laws against crime, yet crime hourishes
and increases; hence the argument drawn from the
usury law of New York falls to the ground.
Mr.. DowNs-NIr. Speaker, l would like to
Mr.. MoISrosH--I don't give the floor away
[Laughter.l Money is speciality
The SPEAKER (brnging his gavel down)-We will
now take recess. More laughter.l
| Recess.
In the afternoon Mr.. Finlayson withdrew his mo-
ton to strike the enacting clause, and the bill
went to its third reading.
Mr.. TYLER moved to amend by striking out six
per cent. and inserting three per cent.
Mr.. MAYBELL raised the point of order that the
amendment frivolous and designed to fritter
away the time of the house.
| Mr.. TyLER-I say that man who has plenty of
money and refuses to lend it to me at three per cent
ought to be declared guilty of a misdemeanor.
Mr. MAYBELL-Is this buncombe or is it sarcasm? !?
Mr. TYLER-No, sir; it is reality l want to bor-
row, and | want to get 1t cheap, and | want it
amended so that any person refusing to lend money
at three per cent. shall be guilty of misdemeanor
Mr. TYLER then offered amendment striking
out the word ,misdemeanor and making it felony,
and that after the word abe" the word " hung"
should be inserted. Lost
Mr.. Fox moved to strike out the section providing
a penalty. Lost The bill then went to its third
reading.
Mr. TYLER gave notice of motion to reconsider
the vote bywhich his amendments lost, and Mr..
Fox gave similar notice with respect to the amend
ments offered by him.
Assembly Bill No. 15-An Act to amend Section
407 Of the Code of Civil Procedure (by Mr..
Corcoran) )-passed to third reading.
Assembly Bill No. 162-An Act to amend Section
33S of the Penal Code relative to Pawnbrokers 10y
Mr.. Tyler)-passed to third ng.
EXEMPTION OF HoMEsTBADs.
Assembly Bill No. 156-An Act to exempt the
homesteads of all heads of families from forced sale
for taxes and assessments (by Mr.. Young)
Mr1yLER stated that tberewas in the State of taxable
property $5S4 0005.S 26. Ii this bill passes with
ano her which the gentleman has introduced,
which proposes to exempt personal property to the
value ofSl 900, and homsteads to ofS 000 it
made exemption in favor of all families of $1,000,
which virtually amounts to an exemption from all
taxation. There are about 100000 families. On
900 of each of these you can collect no taxes.
Thus $500 100000 in this State would be exempted
from taxation
MIR. BRuNER advocated the passage of the bill in
the interest of the poor man.
Mr.. MAY SAID that the gentleman claimed that ii
was poor mans bill He agreed with him, and
would saw further, that it was the poorest mans
bill he ever heard of. You could not collect dol
lar ei taxes if YOU cannot enforce their collection.
1t would subvert the very foundations of the State
government
A message was received from the Governor an.
nouncing his approval of Assembly Bill No. 20.
Mr.. MAY concluded by asserting that it would be
impossible to support State and county governments
if the bill passed.
Mr.. ANTHONY, of Santa Cruz moved to strike out
the word Thousand" in line.2 and make it read
..huntred $500 instead of S5 600. There should
be an exemption from forced sale somewhere.
Mr.. SPENCER remarked that the people in his sec
ton of the country asked no exemption, but de-
manded that every man, be he rich or poor should
pay his pro rata of taxes for the support of the
Government.
Mr. CoRCoRAN argued that the bill was radically
wrong and in direct conflict with the Constitution
1t was not right that the man who owns house and
lot should pay only part of his proportion of the
taxes. while the poor who owned only pair OF
horses or dray would have to pay his full proper
ton in addition to the amount not paid by his richer
neighbor.
Mr. ADAMS moved the previous question on Mr.
Anthony's amendment.
The amendment was lost.
The motion to put the bill upon its third reading
was lost by vote Of q ayes to 40 noes.
, Mr.. MAYBELL gave notice of motion to recon
slider.
Assembly Bill No. 155-An Act to amend an Act
entitled " An Act restricting the herdng of sheer
to certain pastures in the counties of Sonoma anc
Marin," approved April q, 1857, and the Act amend
atory thereto, approved April q, 1872 (by Mr.
Messenger).
Mr.. Fox objected to Section l. which prohibits the
herding OF goats upon the lands OF Others as being
in conflict with the title Of the bill The title re
ferred to sheep only.
Mr.. MESSENGER withdrew the bill
. Assembly Bill No. 149-An Act to amend an Act
entitled :" An Act concerning actions for libel and
SANDER" approved March %, 1872 (by Mr. Fox)
Mr.. MAYBELL denounced the bill as a gag law
Passed to third reading.
Assembly Bill No. 14S-An Act to amend an Act
entitled " An Act to enable certain parties therein
named TO ALLEVIATE or ineumber homesteads" ap
. proved March 25, 1874 (by Mr. Fox).
Mr.. McINTosH opposed the bill. In Illustration he
said that if he should be temporarily deprived OF