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

Mr. Hi.telD-was reao second time considered in
| Committee of the Whole, and ordered engrossed.
Senate Bill No. 14S--An Act 10 amend Section
1855 OF the Code of CiviI Procedure relating to
tons aalinst Sheriffs f5y NJ. Hittell)was read :.
second and ordered eng-ossed.
Senate,Bill No. 149 an Act to repeal Section 1856
Of the Cede Of Civil Procedure (by Mr. Hittel was
read second time and s;dered engrossed
! Senate kill No. 150-An act to amend Section
10jS OF the Code of Civil Procedure, relating to
i civil actions wherein the state officer thereof
or county, city, or town, is party (by MIR Httel)
was read second time. considered as in Commit
| tee of the Whole, amendments Of Committee on
| Judiciary adopted and bill ordered tngrossed.
/ Senate Biz No. I5l-An Act to amend Section
wrts Of review, mandate prohibition (by Mr.
Hittsl was read second time and ordered en-
| crossed.
| Senate Bill No. 139-An Act to repeal Chapters "
and v, OF Title XIII, OF Part H. of the Code of Civil
Procedure and each and every section of said Chap
tiers ~ and V, relating TO appeals in civil actions
(by Mr.. HittelD- read second time and ordered
engrossed
Assembly Joint Resolution No. Joint Resolu-
ton, relative to The protection of the commercial
interests of the Pacific Coast (by Mr.. Leach)-was
| read second time and ordered on Ale.
GOrERNoR's MESSAGE.
! message was received from the Governor an.
Rouncing his approval of Senate Bill No. 77-An
act making apprcfriatation for the State Print
! ing Office.
| On motion Of Mr. DAVIS, the Senate took mp AS
seInbly Bill No 6-An Act to transfer the records
papers and business of the Courts existing on the
| 3lst day OF December 1879, in this State TO the
Courts now existing therein 10y Mr.. Fox) The bill
was read third time at length and passed by vote
| OF 50 ayes to noes.
SPECIAL ORDER.
The Senate took up for consideration the resolu-
| ton relative to the appointment Of Chaplain for
the Senate, and proposed amendment.
| Mr.. SArTEEw!IITE moved to lay the resolution on
| the tab'e.
| The ayes and noes were demanded and the motion
| prevailed by vote OF 10 ayes to 16 noes.
SECOND READINGS coNTISUED-cHrvYsE
| Senate Bill No. 6-An Act to prohibit the en-
| poyInent OF Chin Sc by corporations, and to add
| new section to the Penal Code (ty Mr. Kane)-was
taken up and considered in Committee of the
| Whole.
Mr.. BAKER was in favor of a bill CT this character,
but was favor OF the bill in its present form
Under this BILL if three Directors voted to employ
| Chinaman, and two voted against it, the latter
could be punished equally with the former and that
was unjust. He moved to recommt TO the commit
tee, with instructions to amend in that partcular.
Mr.. CoNGER favored the bill just as it was. 1t was
| only carrying out the new Constitution.
Mr.. HIITELh moved TO refer the bill to the Com
mittee on judiciary. There grave legal cues
| tions in the bill.
AIR. PARDEE asked the gentleman if he believed if
this law passed it would be in accordance with
| the Constitution of the United States.
|
I one reason he favored the reference.
| Mr.. NEUMANN did not propose to make fool of
| hims If by votrg for bill when he was satisfied
that when it was presented to the Courts it would
be thrown out at once He favored the reference of
| the bill to the Committee on Judiciary If a bill
could be framed to obtain relief on the Chinese
| question he would vote for it, but he did not want
to enter into rrepressible conflict with the United
| States authorities.
Mr.. JOHNSON said he was in favor of the passage of
this bill he believed it TO be constitutional and in
accordance with the decision OF the Supreme Count
OF the United States in the called Granger cases
This bill only carried out the letter and spirit OF the
| Constitution. With the policy of such a measure
the Legislature had nothing TO do By the adoption
of the Constitution the people had made it i'm
perativc the Legislature to pass this law He
| did not commit himself to the wisdom of the meas
ure but he believed it to be the duty of the Legs
lature to pass the law to carry the Constitution
and let the Courts decide upon it. He was opposed
| to the commitment OF the bill unless it was with IN
| structions to report in two days.
| Mr.. NEUMANN asked Mr.. johnson whether if he
believed the law ir conflict with the Constieu-
| ton Of the United States, he would vote for it.
| Mr.. JOHNSON replied that he would in order t;lat
the question might be settled definitely once for all
Mr.. HITTELL urged the reference, in order that it
might be more fully examined
Mr.. BAKER believed the bill to be constitutional
and was in favor of the law but this bill was not
yet properly guarded, and it ought to go to the COM
mttee and be amended in the particular which he
had mentioned. He withdrew his motion and ia
Mr.. DAVIS favored the reference to the Coalsnit
tee on Judiciary. Though he had not favored the
Constitution, he did not believe in legislation ia
make that Constitution odinlls He had no donht
that this bill in direct violation of the Constitu
ton Of the United States. He moved to amend
that the cornmittc report on Thursday morning and
if the till could be perfected he would vote for i.
Mr.. HITTRLL accepted the amendment.
Mr. SATTERwHIrE saw no need of the reference and
was i'll favor OF the passage Of TIE bill He aid not
believe the bill to be in conflict with the Constitu-
ton Of the United States. He referred to statutes
in other States prohibiting people from employing
children under II years Of age. These lawg had
been held constitutional and wing not this one.
Mr. CEAsE was in favor of the bill as it was but
would vote for the reference il that would remove
the objections of any of the Senators.
Mr.. DICKINSON said that if he became convinced
by full examination Of this bill that t was in con-
tiict with the Constitution OF the United States he
would be guided by his oath to support the Corsi-
tuition OF the United States. He did not wish to pass
! an opinion hastily on q matter Of much import
ance, and he favored the reference.
Mr.. JOHNSON again insisted on the constitutional.
ity OF the bill. He read from the decision of the
United States Supreme Court in the case of Mum
vs. Illinois, to show thst it N accordance with
the holding % that Court. He did not want to en-
danger the passage of the BILL and was willing to
let it 60 to the committee if it came back at once
Er. CoNGER took the same ground. He wanted
to see a test case made and taken before the Su-
prei1e Court OF the United States. He was ready
| for that much OF an irrePressible conflict.
! MC. RYAN was surprised that the legal gentlemen
were not yet ready with amendments if they de-
sired to make any. He did not, however, object to
the reference OF the billi it could be passed
Mr.. ENoS opposed the reference He was sus-
picious of the Committee on Judiciary. A similar
I bill had been referred to the Committee on Judi
ciary q the Assembly, and that committee had re-
| ported it back unconstitutional. The bill was
only carrying out the Constitution, and he was
ceady to vote on it now.
| The motion to refer prevailed.
GOVERNORS MESSAGE.
A message was received from the Governor trans
ntttug a continuation OF the report Of the State
Engineer.
| SECOND READING or BILLS
Senate Ell No. 21s-An Act to prohibit the issu-
ance of licenses to aliens not eligible to become
electors OF the State Of California 10y Mr. Johnson
was considered as in Committee of the Whole
| Mr. DICKi.soN made the same motion as was made
in Senate Bill No. 6, above discussed.
Mr.. CoSGEg opposed the motion
| Mr.. JoHNsaN took the same position he did in
| regard to the other.
The motion prevailed.
Senate Bill no. 103-An Act to amend Sections
244, 2tS and 24o of the Political Code relating TO
Clerks Of the Senate and Assembly 10y Mr. Satter-
| uhite)-sas read second time and considered as in
Committee of the Whole, amendments of the Com
mittee on Judiciary adopted and bill ordered en-
| crossed
BIL-s on PASSAGE.
| Senate Bill No. 1E3-AD Act to amend Sections
432 ,5i and 473 of the Code of Civil Procedure
relating to peadngs Ia civil actions (by Mr HittelD
| was reeommitted to the Committee on Eupross
ment for correction of engrossment.
Assembly Bill No. 93-An Act in relation to GER
tain assistants and deputies of County Clerks (by
Mr.. hay}-was read third time at length and ao.opted
by vote of SO ayes to noes
Assembly Bill No 29-AE Act to continue in force
school teachers certificates, State educational
diplomas and life diplomas (by Mr.. Young}-was
read third time at length.
MIR. WEST moved TO recormit the bill TO the Com
mittee on Judiciary, With an amendment providing
that no certificate or diploma shall be valid alter
January l, 1881, unless they shall be indorsed by
the Board OK Supervisors, after examination or
otherwise they shall have found that the certificate
was properly issued He argued that it was intended
to weess out those who had obtained certificates
fraIdulently.
Messrs- JOHNSON and ESos opposed the reference
and favored the passage OF the bill.
Mr.. HITTELL favored the reference in the hope Of
getting more light on the subject though he did say
he favored the amendment.
Mr.. Pool presented aremonstrance from COM
mittee of the Teachers Association of Stanislaus
county against declaring invalid the certificates md
diplomas of teachers, which was read by the secre-
tary.
Mr. DAVIS spoke against the reference. He did
not think the amendment would serve any coed
purpose and favored the passage Of the bill
Alessrs. HILL, TRAYLoE and WATSON took the same
ground.
Mr.. KANE favored the motion to reeommit He
held that the most coin gets the most certificates
ard he hoped the educational system would be
purged of its corruption.
president pro TEN. Baker in the chairl
the motion To recGmulit Lost Tho I;l ,,..-