Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-01-22

| favor OF fifteen cents per mile, but was willing TO
vote for bill to fix it at five cents per mile and 10 fix
the per Diem at IS per day and "men whose rePu-
tatIons are made by newspapers be destroyed by
newspapers; and il there is anybody who fears To
| DO right because the newspapers viii talk about
| him, of course he will vote for the resolution.
| Mr.. SPEScES-'l am going to support that reso
luton. cannot say that am much more afi aid Of
newspapers than other gentlemeu-they have never
injured me-" He went on to state what the Senate
| had done in the matter
| Mr. TYLER called the gentleman to order on the
ground that he had no right to say what the SEN
ate had done.
NJ. SPENCER was in favor of this resolution to
prevent the drawing of warrants until law could
| be passed fixing the mileage as well as the per
diem. He believed in supporting the spirit and let
ter OF the Constitution that the spirit of the Con
stiution was that members should receive ten cents
J mileage.
/ Mr.. CARR of Sacramento said he understood that
| they were entitled TO only ten cents mile under
the Constitution at this session of the Legislature
| He hoped that TIE resolution would pass
Mr.. HARDY considered Il at they were drawing
per diem under the Constitution. He differed
| from some gentlemen who say that it is not com,
petent foI us to the passage of 4 bill fixing,
our compensation and mileage for this session. The
Constitution provides that we shall by law fix cur
mileage and I'er dem, and we cannot enact liws by
adopting the report OF any committe. II we wish to
accept ten cents per mile do it we are not
compelled to do | for one will consent to the
acceptance Of ten cents per mile, aud will vote for
| the adoption OF a resolution to that effect.
MIR. LEAcII-Mr. Speaker, the whole question if a
very simple matter. The difference between ten
and fifteen per mile for all the members Of this
Assembly would only amount to Sis 63. While the
matter is avery small one in this view of the case
yet must consider that it is question OF the in
depreciation of the spirit of the Constitution.
| think the gentleman from Alameda took the right
position when he said it must be fixed by law. hold
that the Committee on Mileage had no right to make
q report upon the question OF mileage until they
| had acted under the direction of this Constitution,
and then they should have fixed the mileage ten
cents and that the point upon which
| am acting The debate upon the ruling
| OF the Chair, while there no intention
OF dsreSpect to the Speaker demonstrated that the
OF the vote upon the adoption of the report Of the
Committee on Mileage. In the confusion upon that
vote there was some understanding, and the
matter went over Ill that way. The members of the
| Assembly did not understand it. There was a ma
| jorty here who wanted a reconsideration and il
| looked to them like there had been an effort st
snap Judgment made. There is not a member on
this floor, i'll my opinion, that came here expecting
to receive more than ten cents per mile, and when
we to find out that the statute of 1878 allows
member fifteen cents, but that the Constitution
prohibits them from receiving more than ten cents
/ II looks to me ike were rushing in to take ad.
vantage of a techncality, in order to get the add
tional five cents mile. l hope that the resolution
| will pass.
Mr.. CAMERON desire to offer an amendment tc
the resolution. Resolved, That the members of the
Assembly who are cOnscence-sricken shall have the
right to pay back to the State treasury five cents
per mile and the State Treasurer is hereby directed
10 receipt for the same.
Ruled out of order.
Mr.. MAYBELL-Mr. Speaker the whole question i.
very simple, it seems to me, and very plain. No one
! will deny that the members Of the House were
elected under the provisions OF the Const tution and
the efore that Constitution ought to be the guide
! TrOcpeUiurS Now Section % Article "
reads The members OF the Legislature shah re-
ceive for their services per diem and mileage tc
be fixed by law" That is the point. We have fixed
the law regulating the per diem. Why not regulate
the mileage in the same manner by law? We car
certainly draw fifteen cents per mile until it fixed
by law, b. cause that is demanded in the Constitu
tion itself: Now, say that, being elected under
the provisions of that instrument, we ought to be
| guided by this Constitution, and the Con
| stitution itself is very plain upon the matter
| "Such per diem shall exceed IS per day, and
| such mileage shall not exceed ten cents per mile
| Now, having been elected under the provisions Of
that instrument, we ought to be guided by it
Why not er this Gordian knot of debate at once
Why not comply with these provisions, and not only
enact law regulating theper diem but regulating
| the mileage also Now, with the unanimous con
sent of this House wish offer an Act out of its
regular order ''An Act relating to the mileage OF
the members of the Legislature" After the enact
! ing clause: :" Section l. Hereafter the mileage OF
members of the Legislature shall be ten cents per
mile. Sec. This Act shall take effect immedi
| ately."
| Mr.. MAY object.
! Mr.. VALLE-Mr Speaker, the question before the
House is not whether the gentlemen OF this body
desire to accept Of ten fifteen cents per mile. The
question re is what does the law Of the State OF
California allow the members of the Legislature to
| receive for mileage! | stand here this principle
that, far as am concerned am in favor OF put.
ting the mileage to cover the actual travelling
| expenses of the member. | am the most remote
member except this floor from the Capital of
the State; butI should be in favor Of accepting
tual travelling expenses , nothing more, nothing
| less Now, sir, believe that the Constitution OF
the State of California, beyond all doubt defines the
proposition clearly and specifically, and the position
| taken by the gentleman from Alameda believe is
corr. ct. The question was presented to the Com
mittee on the Judiciary for a Legal determination
( and in the committee agreed that under the law
OF the State we were entitled to eight dollars per
day and mileage at the rate OF fifteen cents per mile,
and why! 1t is merely repeating the law which has
already been stated. The Constitution Of the State
very clearly says that in ORDER to carry out these
provisions it is necessary to enact laws Hereunder
! Now, sir, hold that on the 9Th day of January,
$50, when we assembled Ill this chamber, we We're
then entitled to mileage-nnt only that but We
had right to any per diem il not entitled
il under the law OF the State The law it stood
says that members of the Legislature shall receive
eight dollars per day, payable weekly, and
three dollars for each twenty miles travelled
coming to and going from the State Capital That
is the law as it stood on the 5thday o January 1880
Further, The constitution says that all special Acts
in conflict with the Constitution shall be in force
until July, until repealed by the Legislature
Now, | say this is III conflict with the statute
and therefore it requires egs alton to carry out
and that being entitled to the per Giem we are en-
titled to mileage. We could not Iegis-
late for ourselves In order to fix the per
diem and mileage, if it had not been
fixed by law. | have no personal motive in this
matter but it is not question what we desire to
accept; it is question, What are entitled under
the laws of the Stateg If any OF these gentlemen
have consci ntious scrupes about receiving this
money they can refund 1t, and will be in favor OF
passing law to authorize lhem do So and to
authorize the State Treasurer to receive it,
The question being the adoption of the resoiu-
ton, the ayes and noes demanded, and the
resolution was adopted by the following vote:
Ayes-Adams, Anthony, Bass, Bennett Braun
hart Brown of SOnoma, Brusie Burns Carr of Sacra-
mento, Carr of Yuba, Chamberlain Chandler, Coff-
man, Coleman Cook, Downs, Durham, FELTON,, CAT
fey, Green, Hardy, Harris, Hynes, Leach Levee,
Mcguire May, haybell, McCarty of Lake, McC0mas,
McDade, Morse, Simon, Sherburn, Spencer, Stanley,
Stoddard, Streeter, Swee;and, Wason of Ventura,
Watson York-4l-
Noes-Brooks, Brown of Yuba, Bruner Cameron,
Cooper, Corcoran, Cuthbert, Del ValIe Dimond,
Finaysou, Fox Fraser, Frink, Garibaldi, Gorey,
Hershy, Josseyn, Lane, Leadbetter, Mathews Me-
Gallon, Mccarthy Of San Francisco, Mcintosh,
Merry, Mulholland, Nelson, Picket, sayle, Tyler,
Walker, Ward, WassOn of Mono, Young, Mr..
Spelker-S5.
Mr. TYLER offered resolution to the effect that
members shall be allowed pay the extra five cents
per mile into the Hospital Fund.
Ruled out OF order
Mr. MAY gave notice that he would on tomorrow
move reconsideration of the vote by which the
resolution was passed.
By Mr. LEACH-Resolved, That the Controller is
not authorized 10 draw or deliver any warrants for
mileage TO members Of this body without further
orders from this house.
Mr.. TYLER moved to indefinitely postpone the
resolution
The ayes and noes were demanded by Messrr
LEACH CARR OF Yuba and CARR Of Sacramento.
Mr.. LEACH-My object is to delay the payment Of
the mileage until the bill which is nov before this
body becomes law.
Mr. CARR of Yuba- Mr.. Speaker, think it is time
now for those gentlemen who favor OF waiting
for their mileage TO stand up and vote against this
motion to indefinitely postpone. do not wish to
be misunderstood here in my position as a member
OF the Committee on Mileage. In that COM
mittee / acted under the law as it now
stands, and We reported back to the house, in ac-
cordance with the law, that the members of this AS
sembly are entitled to fifteen cents per mile. We
are entitled to it under the law but the Consii.
tuition which are following out says that the
legislators shall not receive than ten cents per
mile. am in favor OF letting this question lie until
we fix i. by law which will suit ourselves and our
constituents
At this point the Secretary OF the Senate presented
a message from that body stating that the Senate
had passed Senate Concurrent Resolution No T.
relative to appointment OF joint commit of three
members from each body to prepare and present an
agreed case to the Supreme Court concerning the
reading of bills and that the Senate had appointed
Senators Dickinson, Enos and Satterwhite such com
mittee.