Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-04-13
ASSEMBLY.

commencing passage. Also 57l, recommending with
drawal.
State Hosptals-The committee made long gen.
erai repcE on ;tate Insane Asylums, which was or
dered printed.
Water Rights and Drainage-The committee re-
ported back Assembly bill No. 2S7, recommending
withdrawal
THE ROAD LAWS.
Assembly Bill No 4es-An Act concerning reads
and highways in this state (by Mr.. MoComas)
On call of the roll the bill passed. The bill
was amended 50 as to apply to counties Of the first
class classified.
public roads and highways in the several counties of
this State (by Mr.. Fraser).
The substitute was read
Mr.. SPENCER moved to amend so that the Road
masters shall be appointed by the Supervisors.
Lost
The substitute was passed-ayes 81, noes .
The tltle was amended to amend the Code
relating to roads and highways.
BILLS INTRODUCED.
Mr.. LEACH introduced a bill to correct an error
in the revenue law, in relation to the time OF den
quent taxes.
ORDERS OF THE DAY.
Senate Bill No 53S-An Act to amend Section 456
OF the Civil Code, relative the debts of railroad
corporations and securities therefor and sales of the
property Of SAID corporations (by Mr. Moreland).
The bill was passed.
COUNTY GOVERNMENTS BILL.
Assembly Bill No 5l9-An Act to amend sections
of the Political Code contained in Chapters l., H.,
Ill, ~. and W Part ~, Title H., and to add other
sections thereto, and to establish system of county
governments (by Mr.. Felton, Passed-ayes IS,
noes H.
SENATE MESSAGES.
Mr.. CARR of Yuba moved to take up Senate
messages. The ayes and noes were demanded, and
the motion was lost by vote of u to a.
THE MCLURE CHARTER
Senate Bill No. 362-An Act to provide for the
organization, incorporation, and government Of
merged and consolidated cities and counties of
more than one hundred thousand population pur-
suant to the provisions Of Section of Article XI,
of the Constitution of this State (by Mr.. Traylor)
Mr.. BRAUsHART moved to amend Section 5, so as
to provide that the boundaries shall not be changed
at the first election.
Mr.. FELTON, moved the previous question on the
bill. The ayes and noes were called for, and the
call for the previous question carried by vote
of Al to 2s The reading occupied about four hours
The roll was called and the bill passed by a vote
OF As to 27.
MIR. MATTHEWS gave notice of reconsideration
Mr.. SPENCER moved to amend the bill so as to
read ''an Act to perfect the Republican machine of
San Francisco"
Ruled out of order. >
INSOLVENCY Law.
Senate Bill No. l3l-An Act for the relief Of in
solvent debtors for the protection of creditors ard
for the punishment of fraudulent debtors (by Mr..
Dckinson).
Mr. COOPER moved to return the bill to the Senate
for the that it had been printed as it
passed the Senate, in compliance with the Constitu-
ton. He said there had been the same action taken
with regard to other bills.
Mr.. Fox said il was not the final action bv the
Senate as it must go back there
The syes and noes were called on the motion,
which was lost by vote of 80 to AZ.
The bill was then read, and passed by a vote Of A
to 90.
Mr.. COOPER gave notice of reconsideration.
Senate Bill No. 21l-An Act to amend Section
1922 of the Civil Code, relating to water rights and
riparian proprietnrs (by Mr.. Satterwhite).
Mr.. Young moved to strike out the enacting
clause.
Mr. FELTON, said the bill was very nicely and art.
fully drawn. He thought it bad bill. 1t is in
tended to take away the entire rights of riparian
owners II a man had mill, or if he was rrgating
his garden, he would have right to keep the
water for anything but live stock and cooking pur
poses. This bill is in the interest of some an
Bernardino schemes he could mention. There is no
provision for paying for these rights.
Mr.. Cook opposed the bill
Mr. CoRcoRAN d. Tended the bill. The bill was not
in the interest of the schemes spoken Of. The bill
had received 81 votes i'll the Senate 1t nterferes
with the infamous doctrine Of riparian rights, by
which a man living at the mouth of river can pre-
vent any man living on the stream from diverting
any of the water. The bill gives every person living
on stream the right to the use OF the same. This
was the object of the bill, and the whole object.
EVENING SESSION.
The consideration of Senate Bill No. 211 was
resumed
Mr. TYLER quoted the legal definition of the term,
| "riparian rights" The bill is an attempt to re-
verse the decision Of the Supreme Court, by the
preme Court has decided against the parties in San
Bernardino, and now they come to the Legislature
and try to reverse that ruling. 1t the worst
steal that has been attempted during the session.
| Mr. STREErER believed it to be a good and honest
bill. The decision spoken of rendered number OF
farmers homeless because they deprived CT water
| by lot of capitalists, who have coutrol of the
streams.
Mr. HARRISON said the bill did not apply alone to
single case but to all the counties of the State and
he could not support it. This bill takes away the
| rights of thousands to meet one individual case.
| Mr. YOUNG opposed the passage of the bill 1t
has long been the law that surplus waters may be
appropriated for various uses. That law never in.
tended to give to any man the right TO appropriate
any but the surplus waters OF streams The rpa-
rian proprietors entitled to the of all water
necessary for their needs. This bill proposes
to strip them of the rights which they have always
enjoyed 1t proposes to subvert not only the legal
rights, but the very natural rights Of riparian
| owners
Mr. BRAuYHART said there was a misunderstood.
ing. He knew something Of the case in San Bernar-
dino. ThisIanch was fraudulent grant, and Pore &
Talbot have monopolized the water, which has been
used undisturbed by number OF poor settlers for
twenty five years The bill, far from being steal
is intended to preventa steal from honest settlers
| Mr.. DUBRuTz favored the passage of the bill.
There no steal IN it. He replied to the variou,
| criticisms of members on the floor. The men who
have oppose this bill have heretofore advocated un-
mitigated steals.
Mr. TYLER said il the gentleman referred to him
he was a liar.
A dozen voices demanded that the language he
taken down.
The SPEAKER said the language was not applied to
| the gentleman.
Mr.. DuBRuTz said he referred to the bills advo
Gated by these gentlemen. He thought it an honor
to be called liar and scounGrel by some
Mr. TYLER said If Mr.. DuBrutz did not refer to
him he would take it back.
Mr. DuBRUrz continued his argument in favor of
the bill. He was shut off by the Speakers gayel
The House refused TO grant him further time
Mr. CAMRoN said he was trying to get information
on the bill He wanted the friends of the bill Z,
discuss the proposed law and not each other. He
wanted to know how this change will affect vested
rights. He knew the law as it stands is good and
ne wanted to know the effect Of the change before
he voted for it.
Mr.. DEL VALE said the bill amends the Code SO
as simply to define what riparian owner is in con-
| formity with the decision Of the Court The bill
cannot interfere with any vested right These legal
gentlemen ought to have known that vested rights
are sacred and that 1t is impossible to touch them
He though the bill was clear and honest. Vested
rights stand forever and this is definition
to what vested rights He hoped the bill would
pass.
Mr.. McCARTY opposed the bill as overturning the
law which had stood for thousand years.
Mr.. HARRIS defended the bill 1t does not inter
fere with vested rights, but defines the term RI
parian rights
Mr. SIMON said he had investigated the bill, and he
had come to the conclusion that it was in the inter
est OF poor men and small holdings
The roll was called, and the bill was refused pas
sage by a vote of 81 TO Al
Mr.. BRAusHARr gave notice Of motion to recon-
slider.
APPROPRIATION BILLS.
The following were passed to third reading:
Senate Bill No. 45S-An Act to provide for the
deficiency in the appropriations for repairs the
State Capitol building and furniture and grounds,
during the thirtieth fiscal year (by Mr.. Traylorl
Senate Bill No. 459-An Act to provide for the de-
fceney in the appropriation for travelling expenses
Of the state Board OF Education during the thiieth
fiscal year 10y Mr.. TT ylor).
Senate Bill No. 460-An Act to provide for the
deficiency in the appropriation for the contingent
expenses OF the sup Court during the thirtieih
fiscal year (by Mr Traylor)
Senate Bill No. 46l-An Act to provide for the
deficiency in the appropriation for arresting Grim
inais without the limits Of the State during the
tn rtieth f-cal year (by Mr.. Traylor)
Senate Bill No. 462-An Act provide for the
deficiency in t. appropriation for pay ment of re-
wards offered by the Governor during the thirtieth
fiscal year (by Mr.. Traylor(