Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-03-12
CALIFORNIA LEGISLATURE.
XIII. OBSERVATION-DISCLOSURES DAY.
lPhonogTaphicaily Reported for the RECORD UNION
by Willis & Stockton.l
SENATE.

SACRAMENTO, March II, $780,
The Senate met in regular session at 10 A. NJ,
President Mansfield in the chair.
Roll called and quorum present.
The journal of yesterday was read and approved
The CHAIR announced as the Committee OF FREQ
Conference on Senate Bill No. l1S-amending Part
l. of the Code of Civil Procedure Iessrs. Johnson
Httell and Wendell.
SPECIAL ORDER.
The Senate took up Senate Bill No. 354-An Act
to add new section TO the Political Code, to be
known as Section 1913 relating to aries of school
teachers in cities having 1o0,000 inhabitants or more
(by Mr.. Tray lor)
The bill was read a third time at length and
passed by vote of 20 ayes to noes
Mr.. MoRELAND gave notice that he would file a
protest against the passage of the bill, being
constitutional and wrong IN principle.
Mr.. WEST Joined in the notice.
A CONSTITUTIONAL QUESTION.
Mr. JOHNSON submitted the following minority re-
port on Senate Bill No. 1913:
SENATE CHAMBER, March H. 1880.
Nr. President: The undersigned, minority OF
the Judiciary Committee, to whom was referred
Senate Bill No. 393-An Act entitled an ACT to
authorize D. NJ Kenfield to sue the State Of Cafor-
MIA respectfully dissents from the ma aj0rty report
of said committee and upon the following grounds
The bill is to allow d. NJ Kenfied to the State
for the recovery OF the salary of the office OF State
Controller to which office he claims to have been legal
ly elected to- and hence lawfully entitled to the SAL
ay attached thereto The sjority OF the Judiciary
Committee reject the bill as being against the nine
teenth subdivision of Section 25 Of Article Y of the
Constitution, which reads, '' The Legislature shall
not pass local special laws granting
any corporation, association or individual any
special exclusive right, privilege or inn,unitu
Mr. Kenfield does not ask for right-he now has
such right-but only lacks the po,uer which power
must be granted,by the State, for "the sovereign
cannot be sued in whatever form she may owe un-
less by her own consent. Her creditors have noth.
ing to rely upon except her good faith (Hund-
aker Borden, Cal, 29C; Sharp vs. Contra
Costa county, "a CAL, 2S4) Mr.. Kenfeld does not
ask for priuilege, or, as that word is defined
benefit The passage of this bill confers no benefit
upon him ne now has all the benefits that can be
granted.
An exclusive favor is one in which eothers are
debarred in the participation" This debars no
one, nor is it special as it is not particular" or
extraordinary" but such as is plainly outlined
and authorz4 d by Section Of Article Xxx of the
Constitution. The undersigned, therefore, contends
that said bill, not being in conflict with the Consti.
tuition, should pass and Mr.. Kenfield at least be-
allowed to test his claim before the Courts.
GROVE L. JOHNSON.
REPORTS
Mr.. JouSsroS, from the Committee on Agricult.
ural and Swamp Lands reported back fayorably
Senate Bill No. 439-An Act to form agricultural
districts, to provide for the organization OF acricu
ural associations therein, and for the management
and control Of the same by the State and favorably
amended Senate Bill No. 244-An Act to amend
Section 1866 Of the Political Code in relation to the
collection of delinquent charges and assessments in
swamp or reclamation districts, made for reclama-
tion purposes.
Mr. BAKER, from the Committee on Public Build.
ings, reported back bills with the following recon-
mendatiOns Senate Bill No. 241-An Act to create
and establish Board OF Public Works for the State
indefinite postponement; Senate Bill No. 343-An
Act to provide for the permanent improvement of
the State Capital Park-without Recommendation
and Senate Bill No. 3S3-An Act to establish
branch Normal School-without recommendation
MI. JOHNSTON gave notice OF minority report on
the last bill.
Mr.. DICKINSON, from the Joint Committee IN
Military Affairs made report with regard to their
visit to San Francisco.
Mr.. RowELL, from the Committee on Ho,ptals
reported back adversely Senate Bill No. 4ls-An
Act to regulate the sale Of certain poisonous sub
stances.
LEAVE OF ABsEycE.
On motion of Mr.. JOHNSON. the Committee on Ir
rigation, Water Rights and Drainage were granted
leave of absence from Friday noon until Monday
noon to visit the country bordering on the Yuba
Bear and American rivers.
On motion Of Mr.. BAKER the Committee on Pub.
lie Buildings was granted leave of absence from Fri
day noon until Monday morning to visit the Napa
Insane Asylum.
woMAss SUFFRAGE.
Mr.. ZUcK presented a petition containing 1000
signatures in favor of woman suffrage. In present
ing it he stated that most of the signers were
women, and many of them were taxpayers. One of
them had paid S35. 900 in in the past ten or
twelve years They asked for the right of suffrage
on the ground that there should be no taxation
Without representation.
EDUCATION.
The Senate took up Senate Bill No Ss9
An Act to amend Sections 1917, 1921,
1882, 154s, 1545, 154S, 1850, 1851, 1877, 1898,
1897, 1893, 1000, 1911, 1916 1917, 1919, 1920,
1921, 1922 1924 1862 1868, 1865, 1866, 1896, 170l
1712, 17l5, 176s, 1769, 1770, I771 lTi2 1774 1T75
I7s7, 17ss, 17go, 1871, 1917, 1915 1884 1885 1896
1897, 1857, 1898, 1859, 1861, 1869, 1871 and 1874
and to repeal Sections 1852, 1862 1870 1741, I742,
I74S, 1744, 1745, 1746, 1747, 174s 1749 1885, 175l
1852, 1853, 1894, 1755, 1857, 1885, 1777 1893 1885,