Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-01-27

cause ii an amendment was recommended it would
require the bill to be printed and sent back to the
assembly Tor Its concurrence, and therefore retard
its passage. satisfied that the first expression
in this bill is constitutional Gan the provisions of
the Code OF Civil Procedure and Of the Penal Code
OF this State in force on the thirty first day of De-
cember, eighteen huSdred and seventy nine, are
hereby declared to I've the rule of action and pro-
ceedng in all the Courts of this State at present
organized under the provisions OF the Constitution.
Now In that IS good provision aud
if strike out all after Constitution in Section
l. that section will stand !. good law. Now
you take Section 2 "Until otherwise provided by
law, or by order Of the Court, all process issued by
or under the authority Of the Superior Courts of
this State shall be under the seal of the old County
Courts Of the several counties" Now that is good
section. do not suppose there is lawyer on this
oor that will dispute that. hope that this motion
to strike out the enacting clause will be voted down.
and after the vote is taken and that motion is voted
down. and the Senate refuses tostrike out the enact
ing clause, will move to amend by striking out in
Section all that follows the word Constitution"
Now will submit that proposition to the lawyers
on this floor, If it is not good provision.
Mr.. HlTrELL-l agree fully with the gentleman
that that Is good provision, but hold that it is
the law without the necessity Of enactiDg it as a
statute. say that, as the matter stands now, SO
Tar as that portion is concerned it is the law without
passing a statute. That disposes of that part. My
impression is in reference to SEALS that there is
provision in the statute, which is in force which al
lows the clerks to their private seals until seal
is provided by the Court, that there is no neces-
stY OF providing that the seals OF the County Courts
may be used. caLnot see any necessity for the bill
at all. 1t seems to that the minority report
which was presented here was entirely proper and
that the bill is unconstitutional. shall therefore
vote on this subject to strike out the enaetng clause
MIR. DAvIs-As one who signed the minority re-
port in this think it should be stated further
that when this bill first up for consideration
before the Committee on Judiciary, if my memory
serves me right, every member of that committee
declared against the constituonality OF the BILL for
the reason that the title does express what the
new Constitution declares every bill shall express
Now this bill was introduced in the Assembly by
prominent member Of the bar, and it appears to me
that the subsequent action OF the Committee on
judiciary in reconsidering the bill and reporting
upon it favoraby more act of courtesy to him
than an act based upon their own judgment. Now,
do not understand that the Senator from the First
asserts that this bill will be constitutional No one
will gansay his assertion that the provision of the
bill is good one, but we certainly cannot enact so
many provisions of the Code Of Civil Procd dure and
the Penal Code # this State by small section
this, and by simple reference that is made the
title by this bill We object to it the ground that
it is unconstitutional, and ii it be so and think
the majority OF the Committee on Judiciary have SO
dec1ed, why should this bill be passed?
Mr.. CoNGER-As ! understand the Constitution all
laws remain in force which not Inconsistent with
the new Constitution until repealed, and this Act
embraces more than one subject in its title see no
some OF the esectionand amending Others and cannot
for the life Of understand what is the necessity ef
this Act. l shall therefore vote to strike cut the
: enacting clause.
Mr. RYAN understand the motion to be to
strike out the enacting clause doubt if the Senate
has power to strike out the enacting clause of an
Assembly bill We may amend the bill, or strike
out all after the enacting clause, but have not
the power to strike out the enacting clause
Mr.. NEuMANN-I shall offer ubstitute for the
motion the indefinite postponment of this bill.
The motion prevailed.
RESOLUTIONS.
Mr. offerad Inf AUTH
the Committee on Agriculture and Swamp Lands
jointly to employ clerk. Referred to the Committee
on Contingent Expenses.
BILLS
By Mr.. JoHNsoS-An Act to provide for the en-
largement of the State Printing Office and for the
repaiaripg and painting of the building. fAppro-
PIRATES 81 200 for that purposel Committee Pub
lie Buildings.
By Mr.. BAkzR-An Act for the relief of pur-
Swamp and Over flowed Lands
By Mr.. SEARS (by reluest)-An Act 10 amend
Sections S5l7, S643, S6i4, 1857. and 3793 Of the
Po,iti al Code. Committee on Finance.
By Mr.. ENos-An Act to repeal Section 125 of the
Code Of Civil Procedure. Committee on Judiciary
Also, an Act to amend Section 1924 OF the Code
Of Civil Procedure. Committee on Elections.
By Mr.. RYAN-An Act to direct Assessors in the
aEsessment of evidences of Indebtedness. Com
mittee on Finance.
By Mr.. JoHssToN-An Act concerning partition
fences. Committee on Agriculture
by Mr. ESos-An Act to regulate fire, marine and
insurance companies transacting business in this
State. PROVIDES no income taxi Committee on
Corporations.
Also, Act to abolish the Office Of Surveyor
General. Committee on judiciary.
RESOLUTIONS.
Mr. PARDEE offered resolution that all further
calls upon the contingent fund of the Senate be re
ferred to the Committee on Contingent Expenses
without debate. Adopted
Mr. NEUNANS offered resolution providing that
Iar = tlA
ceive S5 Ter day. Referred to the Committee on
Contingent Expenses.
Mr. NYE offered resolution that twelve copies of
all printed bills be given the Committee Ju-
dietary. Adopted.
On motion of Mr. DAVIS the Senate, at 320, ad-
journed.