Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-01-29
oAPIToL NOTES.
The Supreme Court Decision - Charges
before tine Prison Comrnit.ee-"Big
Trees" Observation-Disclosures

The receipt Of the news yesterday mornin:
of the ruling of the Supreme Court, to tn,
effect that it had held that all bills must b.
read at length on three several days in eacl
house, except as provided in the Constitution
created a great deal of excitement, perfec
buzz of whispered comment in the chambers
and warm arguments in the halls Senator!
left their seats and gathered in knots outside
to consult, and Assemblymen formed il
groups to consider the situation and the prob
able effect OF the decision upon the bills al
ready passed by the Assembly. Senator
Grove l.. johnson was decidedly Of the opin'
ion that the decision. would not affect the bills
passed by the Assembly, where the journal
shows that the bills were read. He thought
the record conclusive, but he qualified his
opinion by the reservation that the Court
may have passed upon that question
and have opened a way for going behind the
record. He had understood that the Court
held that the word Tread " might be con-
stlued in the technical and parliamentary
sense, yet that the people had given it diff
ferent meaning ia adopting the Constitution.
From that he thought it might prove that
the Court had gone beyond the face Of the
Constitution to seek an Interpretation of it
and if so it might 60 so far as to lead the As
sembly to believe that all bills read by title
must be now read through again and in full
each three times. In any event, he felt
that legislation would he delayed.
Senator Nye had the impression that the
Courts opinion did not go so far as to require
bills to be read again. He thought the jour
nal of the House conclusive. He should look
anxiously for the full opinion. Being asked
If the journal was to be taken as conclusive
where it states that bill was read, when in
fact it was only read by title-whether that
did not open door for avoidance of full read
ing, by simply recording in the bills history
that it was read the first, second and third
times, etc, the Senator replied that it I'M
doubtedly did, but that also implied perjury
on the part of members of any legislative
body so making o record after the question is
determined by the Supreme Court as to what
reading means.
Senator Hittell was not prepared to pro.
nounce decidedly on the matter, but thought
that the record would be conclusive.
Senator Dickinson had examined into the
question thoroughly, and was perfectly GER
tain that the record of the House was con-
elusive, and that there would be no trouble
about going over Assembly bills again.
Speaker Cowdery thought the journal
record conclusive, and was certain the Su-
preme Court so considered it. No one could
tell what bills had and what had not been
read in full in the House. He believed q
majority of the bills had been read at length
Assemblyinan Fox was positive that the
record was conclusive. The Supreme Court
on the argument had so expressly declared,
and record of "read by title " had to be
made in order to get the case before the
Court. At the same time he did not enter
tain an exalted opinion Of the wisdom of the
decision of the Court.
Assemblyman Young was very much I'M
settled in mind about it. He thought the
journal record should be unimpeachable, and
not possible to be attacked by parole, yet he
would very much fear to trust one of the
" title-read bills before the Supreme Court.
Ex-Chief Justice Rhodes thought the rec
ord of the House ought to be taken as
verify as one of those things conclusive
and not to be attacked. But he could not
give an opinion in the case without knowing
exactly what the Supreme Court held. Ii it
had held that the provision of the ConstitU-
tion could be gone behind in search for the
intent of the trainers, it would not be diff
cult to foresee what that might lead to. He
hardly thought the Court opinion, when re-
ceived, would be found TO go to the extent of
weakening the conclusiveness which attaches
to the record. If so, there would arise serious
question as to how many Of the laws in the
past have been made such III strict accordance
with constitutional direction. The Judge
was not willing to give a positive opinion as
to the effect of the decision until he should
see the opinion and read the statement Of the
Court upon which its decision has been
based.
Tie telegraphic dispatches yesterday of
tlaa n atin II of
sentatiyes contained the following note of
bill passed: The bill passed setting apart
for park purposes certain lands in California
on which are growing redwood or Il big
trees" As information is not conveyed
in the dispatch as to what groves Of =" big
trees or sequoia groups the bill includes, .
call was made upon Surveyor Shank
lin to ascertain whether this reserves the
Calaveras south grove of big trees, which is
the largest and best, and the
greatest natural curiosity the State has in the
way of "big trees" The reply of the Sur
veyor was, that while there are no records in
his Office to show the fact, yet he knew that
the south grove had been sold. 1t had been,
by the United States to the State
University Land Department., and by
the latter sold to one of the Sperry
brothers. now of San Joaquin county.
The University people did not know at the
time that the sale disposed of this great curl
osity. The purchaser erected q hotel at the
north grove, and opened trails from the north
to the south grove He bought it for the
purpose of preserving the grove and making
il place of resort by the curious tourist.
In this respect the State is to be congratu-
lated for, after the loss of the grove to the
Commonwealth, the next best thing was to
@l,o cf bn
would prevent its destruction. 1t was sug
gested that the action of Congress reported
may be in the nature of condemnation but
it was replied that Government cannot con-
denim the land, after having disposed of it,
any more than it can condemn the sixteenth
and thirty-sixth sections granted to the
State, but it might possibly manage to con-
denim it for the purpose of purchasing it under
an award. Gen Shanklin called attention to the
fact that while the ''south grove" is I'M
doubtedly out of the reach of any reserva-
ton declared by the Government, that there
are still other desirable groves of big trees
one excellent one, for instance, q little north
of east of Visalia, which has been but little
spoken of. and the trees in which are quite
as fine as those in the Mariposa grove. 1t is
possible that the bill referred TO as passed will
be found to include these groves.
Assemblyman Du Brutz is still absent,
having been called to his home by illness of
members of his family. One of his children
has already died of diphtheria, and another
is reported dangerously i'll of the same dis
ease.
The Committees on Public Buildings and
Grounds left yesterday to visit the various
State buildings, beginning with the Insane
Asylum at Stockton.
Senator Kane is reported very sick at San
Francisco, and doubts are entertained OF his
recovery.
Professor Hilgard, of the State University,
and Augustine Harazsthy, have been invited
to be present before the Committee on Cul-
ture and Improvement of the Grapevine on
Friday evening, at the Capitol. They will
address the committee on the subject of ac-
ton by the Legislature bearing. upon the pro-
posed French treaty.
The Joint committee on State Prisons held
a meeting last night, and heard the statement
of Mr.. Ball who was formerly connected
with the construction of the Branch Prison
at Folsom. He made direct charges of mis-
management in the matter of the construc-
ton Of the prison that the plans had been
changed. some of the cells built improperly
aud of indifferent material, and that In sew.
eral respects the work has been sighted and
illy done. He also made charges on hearsay
involving personal integrity. The commit,
tee appointed Messrs. Watson, Sears and
Noreiand of the Senate and Messrs. Tyler,
Leach and May of the Assembly to take
testimony relative to the charges made. The
Joint committee will leave to-day to visit the
prison at San Quentin.