Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-04-15
CALIFORNIA LEGISLATURE
XIII. sESsIoN-oNE HUNDRED AND
FIRST DAY.
lPbonographically Reported for the RECORD UNIo
by Willis Il Stocktonl
SENATE.

|
| dent Mansfield in the chair
| Roll called and quorum present.
The reading of the journal Of yesterday was, on
motion Of Mr.. NyR, pos poned, the work having
| been so heavy that the CLERKS were unable to get
them written up.
ASSEMBLY BILLS.
Messrs. Eyos, PARDRg and GoRdAN wished to he
recorded as desiring to have the whole matter per-
| tanning to the Sta Prison witness mileage fees
| tabled.
| Mr.. JOHNSON n. hat Mr.. Leach's Revenue bill
be declared case geney and reaa second time.
Carried unanimously and the bill ordered to
third reading.
Mr.. JOHNSON moved that the Senate recede from
its amendment to Senate Bill No. 163-the anti.
pedro bill.
Mr.. CoNGER opposed this, and characterized it as
absurd and ridiculous. The Senate had made it APP
plicable only to minors and should not recede
The motion to recede was lost-ayes l5 noes 20.
The Judiciary Committee recommended that the
Senate concur in the Assembly amendments to Sen
ate Bill No. 13l-the Insolvency bill.
Mr.. JOHNSON did not favor this report. Under
the bill as it bad been amended, creditor who
sided in Australia or Hindostan could throw man
INTO bankruptcy
| Mr.. DICKINSON thought the amendment proper
one. There was no reason why it should not pre-
| vail 1t was on the whole more favorable to the
debtor than the creditor
Mr.. JOHNSON thought it was uot for petitioner IN
New York to be able to prepare petition there and
| throw a into bankruptcy here. No matter
how wealthy man might be he might be thrown
Hongkong. 1t was a dangerous precedent, and
| should not be tolerated.
Mr. DICKINSON said amendment required the
petitioners to give bond, and this would be ample
protection.
Mr. CoNeER favored the concurrence with the AS
sembly.
Mr. NEUMASN thought men outside the State
should not be allowed to take part in summary e- al
proceedings of law. The bill should be confined to
| residents of the State.
Mr. NyE thought the amendment Just one. For
lniss .lA Eu1,... hpa,a
and both classes of debtors should be equally pro-
| tected.
Mr. NEUMANY explained that the bond would cover
the point he had made, so that he could now vote
for the bill.
Mr. JOHNSON said the man living outside the State
had the advantage OF the United States Cour.s.
Mr. DICKINSON said the jurisdiction of the United
States Courts amounted 10 nothing in the mater.
On the question of concurring in the amendment
of the Assembly the Senate refused to concur-ayes
H. noes Is. Also, refused to concur in amend
ment Of the same character-ayes IL noes 30 Sen
ate refused to concur in Assembly amendment, rela-
tive to an e-dating the time OF filing a petition.
| Other Assembly amendments to the bill were con-
Cured in, with the exception of the one placing
limit to the time in which creditor could come in
for his share Of the dividend also, refused to
in striking out the words prima facia." amend
ment to Section 65 noaconcurred in; also,
amendment to Section 81.
A section known 6S which was not in the Sec
retary's copy, but in the printed bill, pro-
viding that this bill should not apply to any person
| insolvent at the time the Act is passed, non
concuIred in by a vote of 2 to27.
Two reports presented from the Judiciary
Committee, relative to Assembly Bill No. 425, aud
ordered to be printed in the journal.
THE sEGoSD-READING FILE
Was taken up as follows: Assembly Bill No 46s--
An Act concerning roads and highways in this State
(by Mr.. McComas).
| Mr. GLAscoCK offered an amendment providing
that when the location of roads on county lines
takes place, the expense shall be shared equally BY
| the two counties Adopted.
Mr.. WEST offered an amendment to Section 16,
restricting the right OF way regarding private roads
| Adopted
Mr. WEST offered substitute for Section 21,
| authorizing the Beard OF Supervisors to establish
such road distric, as might be necessary.
Mr.. ENos m we'd that the bill be indefinitely post
poned. His reason for this was that the present
road laws would still continue in operation.
| Mr.. JOHNSON entertained the same view, and
thought the old laws would remain in force and no
harm could result.
The motion to indefinitely postpone carried
Assembly Bill No 3S5-An Act to amend Sections
2645, 2646, 2647, 2649 265O 1858 2657, 1859 1850
2c61, 2662 1868 1864, 26S1 26S5, 25S7, 26ss, $685.
2703, 2l66 2707, 270S, 27l0, 27l1. 27i4, 2724 272
2725, 2i26 2I29, 273l, 1872, 2743 2746, 2I47 2754
2755. 2756 264s, 265, 1862, 1904. 265S, 1885, 2704
2757, OF the Political Code, relating to roads aud
Mr. zuek moved to indefinitely postpone the bill
| Lost
| Recess
AFIkRNOON SESSION.
Senate 1eassembled al half past,one O'Clock, Pres
idens Mansfield in tue chair.
| NJ. JoHNsoN offered a resolution instructiug the
Postmaster of the Senate remain one week after
| adjournment for the purpose of remang mail mat.
tsr to the Senators. Referred to the Committee on
Contingent Expenses.
TG'RD READING FILE
Was then taken up, and bills disposed OF as fol
lows
Assembly Bill No. 527-An Act to amend Section
1868 of the Polite Cote re,ating 90 revenue (by
Mr.. Leach was Passed-agts %, noes
| Assembly Bill No I99-An CT to amend an Act
enitled IAN Act concerning acliors for libel and
SANDER, approved March 25,1672 (by MI. FoX)-6as
| passed-ayes %, hoes 3.
| Assembly Bill No 26l-An Act to amend Section
60 of the Civil Code of California, relative to the in
| termarrage of whites with negroes and persons OF
other races (by Mr.. Merry)-was loSt-ayes Ii,
noes II.
DEFEATED.
Assembly Bill No. 4T2-An Act 20 encourage the
mioing industry and to suppress stock gambling (by
| Mr. Braunharu)
Mr. CoNGER looked upon-ths bill as monstrous
1t gave the Commissioner Unlimited power to in-
ves,igate mines and absurd in the authority it
| gave TO him. He could at any time step into any
OF these mines and remove officers, if in his judg
pent they were not doing their duty. Mines valued
at millions of dollars were placed at the mercy OF
one man, and this not wise legislation. He
could employ e%per,s and if the Commissioner
not honesl it would entail evil results that could
scarcely be estimated. IL was claimed that IL would
suppress stock gambling, but it did not reach the
| prncely mine-owners. 1t was full of inconsistent
cies, and all that good in it was contained in
bills already passed by the lie islature.
| Mr. GEORGE said there were some good features
| in the bill, and had it been properly amended he
would have supported it. Under the circumstances
he would oppose it. The bill was also pronounced
| unconstitutional by good authority.
Mr. HITTELL said The bill created new Office for
| which there necessity. The was no limit
placed to the expenditures he could put the State
Mr. ZucK said the bill was the same introduced
| Two years ago ard indorsed by Governor Irwin,
| he had been reliably informed. IL limited the ey
penditures to the approval of the Examiners, the
| same other State officers. 1t claimed to be
IN oppos ion to business interests. The same
meDts had been used against the bill establishing
the Banking Commission, and the Insurance Com
| mission and the Railroad Commission, and
| shown to have foundation. The object of
this bill to prevent fictitious stock transactions,
and if stock gambling should be suppressed it would
be of great benefit to the legitimate mining interests
| of the State.
Mr. SEARS said it had not been demonstrated that
the bill contained single meritorious clause. The
bill, unde, the Constitution, was class legislation,
and was clearly unconstitutional 1t made the Com
| missioner the Car of the mining corpOr tions and
gave him powers greater than those exercised by the
Autocrat of Russia his subjects If it became
law capitalist this State would risk his money
in mines here. 1t a corrupt and Infamous meas
ure, or such severe penalties OF enforcement would
not be made. The Commissioner must have the first
information arm was the autocrat OF the business.
Mr.. SATrERwHITR said the Commissioner ought to
have great power and should be ruled with iron
hand. 1t was better that stock gambling should be
taken from the State than have it managed as it
bad been in the past. The objection of unconstitu
tionality amounted to nothing The bill might not
be entirely complete. but immediate action
cssary.
Mr.. CoSeEh would like to inquire whether Gov
ernor Irwin mining expert. The public could
understand the reports OF the Bank Commissioners
but not those OF mining experts This bill did not
stop stock gambling. It simply gave the Commits
sioner the power to levy bacEmail What was there
in it to encourage legitimate mining The Gorley
bill reached the evils of the business, but this did
4 not
Mr.PARDEH moved call of the Senate Lost
Mr.. SEARS stated the bill provided that the Direc-
Trustees could be held responsible for errors
made by experts. It also empowered the stock.
brokers to make and collect taxes. The broker
1 could be prosecuted upon bond which he had
failed to give or refused to give. This showed the
great brain Of the author. In salaries alone 81 100
was to this Commissioner, and the expense
would be So, 600 annually
Mr. ZucK said the mining broker was required to
file bond for SO 600 within ten days after nstifca
ton BY the Cou missioner.
| Mr.. NsUHAsy said he never before saw A Law
which required person to give bond for the per-
femance Of private duty. One amendment re-
quired the corporation to make = (" weekly report
every month" II this was not done the Directors
were to be sued on the bond which they gave. This
| bill, he thought, was not demanded by the people.
bill on the file met the requirements Of the case
snd he hoped this one which was unsound and nm