Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-01-15

ment, Pres dert Mansfield in the chair.
| Roll called and quorum present.
journal OF yesterday approved
| PETITIONS.
| Mr. WATSON presented petition from the Board
OF Trustees Of Nevada City, asking the Legislature
to pass Act for the enforcement of Article AiA OF
the Constitution, providing for the removal Of
| Chinese outside the limits of cities. Referred to
the Committee on Chinese and Chinese Immigration.
| Mr.. WENDELL presented two petitions asking that
| the law prohibiting the catching of salmon during
| certain summer months be amended so that there
shall be no prohibition at that season. except from
the rising Of the each Saturday to the setting
OF the sun the next succeeding Sunday. Re-
| ferred to the Committee Fisheries and Game.
INTRODUCTION OF BILLS
Bills were introduced read the first time and re
fcrred, follows:
By Mr.. SATTERwHITE-An Act tc amend the Civil
Code with respect TO the measure OF damages in
certain cases. Committee on Judiciary.
By Mr.. CHAsE-An Act to amend certain sections
| Of the Po irca Code concerning County Treasurers
Committee on Town and County Governments.
BY Mr.. KAsE-An Act to provide for the regu-
lating of fire departments in cities OF the State of
| California having population Of one hundred
| thousand and over. Provides for the election of
Fire Commissioners by the people, also, the Chief
Engineers, and reduces the salaries Of the chief
| oficers.l
Mr.. KASE-I move it be referred to the San Fran
| cisco delegation.
Mr.. JonSsoS-T object. move that the bill be
referred to the proper committee the Committee on
/ City and Town Governments.
| Mr.. KANE-I accept.
The motion prevailed
By Mr.. RYAN-An Act to amend Section 1859 Of
| the Political Code. Committee on City and Town
Governments.
| ASSEMBLY MESSAGES.
| The Senate then took up the Assembly messages
| Assembly Concurrent Resolution No. g. relative
to sending copies OF certain statutes to the Superior
| Judges of the State, was taken up.
On motion of Mr.. NEUMASS it was amended so as
to include County Clerks, and on motion of Mr..
| JOHNSON it was concurred in.
| Assembly Concurrent Resolution No. Z, relative to
| a Joint Committee on Rules, was concurred in.
| BILLS.
| By Mr. JOHNSON (by request)-An Act making
an appropriation for the State Printing Office
| for the fiscal year ending June 80 1880 PRO
v1es appropriation Of Si5 900 for the purchase of
MATERIAL presses, etc. for the State Printing Office
and for the expenses OF that ofice.I Committee on
Public Printing.
By Mr. BRowS-An Act to pay the claim of Hiram
Clock for services rendered to the Senate Porter
OF the Twenty second Session. IClaIm of S2i0.l
Committee on Finance.
Also, Act to pay the claim of James Stltry for
services rendered as head Porter of the Twenty
second Session. lClaim of s2O2 PSI Committee on
| Finance.
By Mr.. ESos- An Act to nufy certain resolu
tons and orders of the Board OF Supervisors OF the
city and county of San Francis, o. whereby railroad
| franchises have been granted.
A CONTEST.
NJ. ESes-I move that it be referred to the San
| Francisco delegation.
Mr.. BAKER, object. / move that il be referred
| to the Comm ttee on Judiciary
| A long and hea.el discussion then arose On the |
reference of the bill.
Senators BAKER, WATSON SEARS and JOHNSON |
urged that the bill ought to go the COMMITTEES on
Judiciary. Senators BAKER and JOHNSON held that
under the new Constitution bills ought not to be |
referred to delegations there was no more special
local legislation to be had.
Senators ENos, CoNGEE, SArrRRwHrrg GoRaAy |
and KANE argued that the San Francisco delegation
had always been recognized and ought to be so STILL |
There would be much legislation that would apply |
to that city alone.
Senators NgUMASS and DICKINSON favored send
ing this particular bill TO the Judiciary Committee
but would favor sending seme bills to the San Fran
| cisco delegation.
Senator CHASE deprecated the wasting of go much
time in the discussion of motion OF reference.
The bill was finally referred to the Committee on
Judiciary.
l. GOVERNORS MESSAGE.
message was received from the Governor an |
nouucing the appointment of General George y
| Evans State Harbor Commissioner and J. X |
Doak, o. Harvey, II. wall and ID. McI.ennan as |
| members of the San Francisco Board of Health
On motion OF Mr.. JOHNSON the mes age made |
the special order for tomorrow at l:30 r. NJ.
SPECIAL oRDER-TRIPLE READING.
The Senate then took up tine special order OF the |
day, being the consideration of Rule 6, follows
q. Every bill shall be read on three several days
previous to its passage. When bill is introduced
it shall be read and referred to an appropriate com
mittee and printed, which shall be the first reading
| OF the bill When bill is reported back from a |
committee with amendments, or otherwise it shall
be considered in Committee of the Whole and when
the same is perfected to the satisfaction OF the Sem
ate, it shall be read second time, which shall be
the second reading of the bill, and eugrossed |
and printed. On the final passage of 4 bill it
shall be read at length by sections which shall
| be the third reading of the bill On the final |
passage OF bill the roll of Senators shall be called
and the vote taken by yeas and nays which shall be
recorded in the Senate Journal and no bill shall be
unless n Of ha
elected vote for the passage OF the same The pre-.
siding officer of the Senate shall give notice each
reading whether it be the first, second or third
reading of the bill
THE cHArRMASs VIEWS.
Mr.. SEARs-Mr. President, after the scenes |
which gracad this hall last evening, it is |
important that should now devote our
selves to the business OF legislation The scenes
last night may be considered the closing inaugura-
ton ceremonies of the present administration. after
the members here have witnessed the interesting |
beauty and talent of the State, and particularly OF
Sacramento, think, as | said before, that we can
devote ourselves irrespective of party to legis
ative matters And the discussion which has arisen
upon this floor during the last hour has prompted
| me to make suggestion, and as | am |
| reminded that one-tenth of this session has
| already expired, and not a single law has |
| yet been passed, | would sugges. to my Repubi- |
can friends that they hang up the party battle and
| to my Democratic friends that they cease their |
| watchfulness for party aggrandizement and to my
| friends of the Workingmens parry the other |
side of the chamber would suggest that they fold |
| and iay away their spotless white kills which |
adorned their deic3te hands last evening and that
we ALL unitedy and harmoniously, devote ourselves
to the great act of the enactment OF laws which |
shall be benefit to the whole people of the State
| Mr. ENos-I rise for information. would like to |
know-what question the gentleman is discussing?
Mr. SEARs-The question is the ,nsideration OF |
certain rule which is of vast Importance to this Leg
slature, and in regard to that rule Me- President
/ will state that perhaps
VALIDITY THE ENTIRE ACTION
! OF the Senate may depend The committee on this |
question have given it very thorough examination
They have e. into the Constitutions of different
States, they have examined the legislative proceed
ngs of different States, they have also examined
into the proceedings of the Constitutional Conven.
tion which framed this peculi,r clause. They have
even gone behind them and sought in the debates |
of that Convention to remove any ambiguity which |
may exist in the minds of any member in regard to
the consideration of this peculiar section. the
first place, Mr.. President. will consider the pro-
vision itself, and if its language is not plain its
meaning and intent, then we will refer to some au- |
thOrities and to the debates and to the members |
that composed the Constitutional Convention, in |
order tha. may further light guide u.s.
Article ". and paragraph Is of the Constitution
reads as follows:
| Section Is. No law shall be passed except by bill
Nor sha any bill be put upon its final passage until
the same with the amendments thereto, shall have
been printed for the of the members nor shall
any bill become law unless the same be read on
three several days in each house, unless in case Of
urgency, tyothirds of the house where such bill
| may be pending shall, by vote Of ayes and noes
dispense with this provision. Any bill may crigi-
| nate in either house. but may be amended or re-
jected by the other and the faal passage of all
bills they shall be read at length, and the vote
shall be by ayes and noes upon each bill separately
| and shall be entered on the journal and no bill
| shall become law without the concurrence of
| majority of the members elected to each house
THE OBJECT OF TIE PROVISION.
| Now, Mr.. President, the object of this provision
| was in order that legislation might be cautiously
and fairly conducted, that every member might
have fair opportunity OF investigating the subject
before the house No law shall be pa -sed except
by BILL nor shall any bill be put upon its final pas
sage until the same, with the amendments thereto.
shall have been printed for the use of the members;
nor shall any Dill become law unless the Re
read on three several days in each house. unless in
case OF urgency two thirds of the house where such
bill may be pending shall by vote of ayes and noes,
dispense with this provision" The object is that
bT two third vote they may have bill read three
| times in ore day. 1t has reference to how the
bill shall be read. The rule may be suspended and
the bill read three times the same day. The
next provision provides that the bill shall be
| read at length on the final passage. That pro-
| vision Of the CJusti uton is mandatory, and we
could not make any rue which would be in conflict
with it. Another rule also is mandatory which
quires the ayes and noes to be taken, and that
jority of the membcrseiect shall vote in favor of
law in order % make it final Therefore you the
trainers OF this provision Of this Constitution have
| wound around it every guard in order that The
| members might vote Understandings upon such
measures might be before their body. Now, Mr,