Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-01-23

always be found ten members ready to stand up and
call for the previous question.
Mr.. CoRC0RAN accepted the amendment.
Mr. YORK hoped the amendment would not pre-
vail. He well aware that the rule OF calling for
the previous question is dangerous weapon-a
two-edged sword-but he satisfied to let it con-
tinue, and he would be very careful himself when
he call for the previous que tion not seek
to do to another what he would not wish done to
himse He satisfied with the rule as at pres
ent in force, providing call by three members.
Mr. MCCARTHY suggested that the adoption of the
amendment would be practically an abrogation OF
Rule iS, and therefore out of order.
The SPEAKER declared the resolution in order.
and said that the members can make the rules read
as they please.
The MAY said that in all his legislative ex-
perience he had never moved the previous question
nor voted for it, though the temptation to
do so had often been very strong 1t is
true he has occupied the floor very often, but on
the least indication that he has talked long enough
he has sat down very quickly. He thought that
gentlemen ought to have an opportunity TO speak,
II Is true, but no one ought to stand on the floor
sixty seconds after the sentiment of the house has
been expressed that he ought to sit down. The
sentiment OF the house rises higher than any iDdi
vidual right. Whenever the majority want the pre-
vous question they ought to ha it, for the major
ity should rule. He was Democrat enough to admit
that the majority OF the house should rule. When
ever two or three gentlemen move the question and
majority Of the house second the call, hat major
ity ought to control He was shut off Yesterday by
the previous question just he was the point of
saying particularly smart thing or two and so he
knows how 1t is himself; but nevertheless it is a
right that the house has, and he would regret very
much to see 1t stricken out of the rules
Mr.. MULHoLLAsD said that since the organization
oil the House he did not think that any one had
called Tor the previous question as often as himself
He differed from Mr.. Corcoran in one respect the
previous question was not invented by men who had
no ideas themselves, and did not want to have others
that had ideas to express them On the contrary it
was Invented to save deliberative assemblies from
being kept hours and hours listening TO the rhetoric
OF chimney-sweep set forth in the manner n a
shoe-back. We are here to promote the interests
OF the State and not to waste precious hours with
this ceaseless deluge of stupid humbug No man
cali force the previous question on this body he
can call for 1t, and II majority Of the House do not
want it, they need not have it. He was sick to
death Of this hosh and balderdash and would be
ashamed TO stop this body from having the power
put curb on it, and he hoped the resolution would
not Prevail.
MIR. MCCARTHY said that there were perhaps some
gentlemen on the floor so well informed that they
do not need instruction from any one. He was not
OF that number. He could learn something from
every man, from the humblest to the greatest, and
he believed in unlimited discussion there are sew
eral gentlemen on the floor who are always calling
for the previous question they seem to understand
one another and to act by concert, and when one
moves the previous question the others fall line
and second it. He hoped that every question OF I'M
vote supon.
Mr.. TYLER thought that the author of the resolu.
ton mistaken in stating that it was not custom
ary to move the previous question in the House Of
Representatives. Such might be the case in the
Senate, but it certainly not in the House, be-
cause both in Parliament and in the House OF Rep
resentatves the rule had always been that whenever
the previous question called for the author Of
the bill or the mover OF the resolution was always
allowed to close the debate. Our rule cuts that of,
and it is bad rule, because it gives the power to
any set Of men who concert together to cut off the
right OF the minority to be heard. This is right
The previous question ought not TO be called for un-
less ten lien are willing to stand up and demand it.
In the House OF Representatives after the previous
question is moved, the author OF the bill or the
mover OF the resoluti n has one hour in which to
close the debate if he chooses and out of that hour
he can give to one man five minutes aud to another
and he hoped that the amendment would be made
hr. HARRIS thought that every member on this
floor was the peer OF every other member and il is
the right of every one to be heard upon every vital
question that may come before the House. lie was
not opposed to the prudent exercise of the previous
question: but thought it ought to be exercised only
in extreme cases.
The resolution was indefinitely postponed.
by Mr. BROWN of Yuba-A resolution that 1000
copies of the State Engineers report be printed for
general distribution.
The number was increased To >, 900 copies on mo.
tion of Mr.. CoRCoRAN, and the resolution amended
adopted.
by Mr. TYLER-That the Controller be authorized
to draw warrant the state Treasurer in favo. Of
the Secretary OF State for the OF $780, to pur-
chase forty copies of Hittells Codes ana Statutes of
California for the use of members and committees.
Mr.. TYLER stated that after the supply was ex-
hausted in the Secretary OF States office that requ-
sitons for 35 copies had been made by members and
committees that though the regular price of the
work was $40, they can be purchased 10 the extent
OF 40 copies for S2 and he urged the passage OF the
resolution. The hook was necessary. When a GER
tain section proposed to be amended the menu
Der could turn at to the code and ascertain ut
once the nature of the change demanded, by COM
paring the amendment proposed with the original
statute.
Mr. MAY said that Mr. Tyler was mistaken in stat.
ing the price OF the book 20 be so. 1t was SI5
Two years ago the tgi lature purchased hundred
sets at SIS each. These books Will be absolutely
worthless after this session. though they will be
very convenient to refer to during this session.
On Ir. TYLER's motion, the resolution was
amended so as TO appropriate 3 so for the purchase
of Hjttells Codes and Statutes without mentioning
the price the idea being to have the Secretary OF
State purchase them as cheaply as possible.
Mr.. CAMERON wished to ask Mr.. Tyler if these
statutes will be OF any value after this session?
Mr.. TYLER said that every gentleman must be his
own Judge as to that point.
Mr.. CAMERON am my own judge, and from
what see around me, think there are enough for
all the members Of this House, and | hope this
resolution will not be passed. | move that We pur
Mr.. TYLER asked that the amendment be put in
writing.
Mr.. McIxrosH was in favor of the resolution
With the Code before him he could tell at once how
the amendments apply.
Mr.. MEDALLION asked Mr.. Tyler where the statutes
are 20 be purchased.
sIr. TYLER-They be purchased at Bancrofts
in San Francisco
Mr.. MCCALLIoy--What are Bancroft Il Co going
to do with those Codes after the session of the
Legislature?
Mr. TYLER-That is of my business.
Mr. McCALLIoS-I want to make it my business
do not want to draw $500 out of the Contingent
Fund of this Assembly for the purchase OF some
thing that will be of no use to US afterwards.
hope the resolution will te voted down.
Mr. FISLAYsoS in favor of all the economy
possible, but he thought that every member should
have a de that he may check the bills us they are
error or omission that will save his constituents
from ten to fifty times the cost OF the volumes
Mr. CARR OF Yuba moved to lay the resolution on
the table. Lost.
Mr.. CAMERON moved to amend SO as to read fifteen
copies.
Mr. TYLER-That is only enough for the commit
tees. Thers ought to be set Tor every member
the floor
Mr.. CAMERoN-I don't want any,
Several members-I don't want any,
Mr.. TYLER-I have no doubt that there are peo
pie on this floor that do not want them. They do
not want TO know perhaps what the provisions Of
of the land; but /, for one, do want set in the
committee room, aud want set here, and every
member wants one, or ought to want one. You
may be able to borrow, but the balance of
not in the habit of borrowing
Nj BRAUNHART said that IL would be absolute
bosh TO pretend that one could vote for an amend
ment to the Code without knowing what the orig
inai section t..
Mr. ADAMS desired to introduce amendment to
the amendment. that none shall be purchased ex-
cent the members Of the House ask for them
Mr. TYLER said that they had asked for thrty-five
sets than the Secretary of State could provide.
The amendment was lost.
Mr. MAY said that he may not have made himself
understood q few minutes ago. He did not object
to the number Of sets asked for he only objected
to the price; SI2 is too much. IL is not worth
81 so. He would like order made that COM
munication be sent to Bancroft & Co. to know at
what price 10 or 80 sets could be bought and made
motion to that effect, i'll the nature OF an amend
meut TO the resolution, which Mr.. Tyler accepted,
and the resolution amended, viz; Resolved,
That the Clerk OF this house be directed to eommu-
nicate with Bancroft & Co. and ascertain for what
price 40 copies OF Httells Digest can be purchased,
was adopted.
BY Mr.. McCARTHT-A resolution that the San
Francisco delegation be permitted to have its
sary printing done for its use through the Chief
Clerk OF the Assembly, on proper requisition signed
by the Chairman. Adopted.
BY Mr.. TYLER-Resolve, That the committee of
three, appointed under the provisions OF Joint Res
olution No II II this house, have leave of absence
for such time as may be necessary to attend to the
duties imposed upon them By such joint resolution.
Adopted.
On motion of Mr. MERRY, the report of the Com.
mittee on Inauguration, heretofore made, was
adopted.
BILLS INTRODUCED.
The following bills were introduced by Mr.. Tyler
out of regular order, read for the first time and
ferred to the Judiciary Committee;
N Ac. In anne. ID sec ion of the Penal (,oda