Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-01-08

III,
| wait, and inaugurate him after the Governor has
been naugurated, as is usual recollect two years
ago the LieutenaDt-Goyernor was inaugurated some
time after the Governor, for the reason that the
Senate had adjourned when it went in to meet
in Joint Convention, and the Joint Convention ad
| Journed sine die. The result was that nobody paid
| any attention to the Lieutenant Governor, and he
got lost, and found few days afterwards wan.
| derng about tunnel somewhere under the Capitol
| building, and picked up and inaugurated by ac-
cident. believe the President pro tenn. elect, Mr..
| Tuttle or Mr.. Lewis-I have forgotten now which
took notion that there was some work To be done
that ought to be done by the Lieutenant Governor,
| and went out and searched about, and found him
somewhere down under the Capitol and brought
him up to the chair hope we will keep this busi-
ness in such order this time that the Lieutenant
Governor elect will be inaugurated in manner be-
coming that high office.
Mr.. SArTERwHITE- TE-There is one thing the Chair
has forgotten to state, and that is, that when we
found him, unlike the present speaker, he stated
that he had left his written speech down to the no.
tel, and he proceeded to make off-hand speech
in place of it.
THE TEMPORARY OFFICERS.
Mr. WATSON, from the special committee ap-
pointed to ascertain the amount due to the tenn
porary officers, reported the following sums: Lieu
tenant. Governor johnson, mileage sl4 40, per diem
$32-S46 40 (; Secretary shoemaker, mileage S12 60,
per diem S24-S36 60; Minute Clerk Newton Benz
dict, mileage Sl3 IS, per diem S24-S37 65; Ser
geant.at-Arms I. J. Sherwood, mileage 81 so, per
diem S24-S31 80.
Mr.. wATsoN-I wish to state on the part of the
committee that we were in doubt about the salary
to be paid to the Lieutenant Governor. am in
formed by one member that it is IS a day, and by
another that it is S12 day. We put it at 50, and
the Senate can do as it sees fit. We also find that
the law only provides for the assistance of the Of
feers named there. There have been other officers
appointed by the Lieutenant Governor who served
one day, and we concluded to leave it to the sense
OF the Senate whether we should pay them or not
Mr.. JoHNsToN-I understand that the per diem of
the Lieutenant-G Governor has not been fixed. The
Constitution provides that the per diem of the Leu
tenant Governor shall be the the Speaker
and that has not been fixed
Mr.. DICKINsoN-As | understand the pay OF Sena
tors shall not exceed the sum of eight dollars per
day. and the presiding officer shall receive the same
per diem other Senators.
Mr. SATTERwHITE-TheC Constitution we are now act
ing under provides pay of members Of the Leg
islature shall not exceed eight dollars day. My con-
struction OF the Constitution is that the Speaker of
the Assembly is member of the Legislature and
he cannot receive more than eight dollars a day
There is no special provision, that have seen where
the per diem of the Speaker shall be fixed. As a
member of the Legislature he cannot receive sum
exceeding eight dollars. Now the Lieutenant Gov
ernors pay being the same the Speaker of the AS
sembly, it cannot exceed eight dollars day. If the
Senator from Sacramento, Mr.. Johnston, will pcint
out any provision in the Constitution where it pro-
vdes that the Speaker shall receive per diem fixed
by law would like to see it, 1t has escaped my
memory.
TIE PRESIDENTS PAY
Mr. MoRELAND-Section 267 of the Political Code
fixes the amount of pay of the Speaker. The Presi-
dent pro tenn. of the Senate, and the Speaker and
Speaker pro TEN. of the Assembly, each receive
twelve dollars per day during the session of the Leg
slature. This is already fixed by law Under the
Constitution think the Speaker and Lieutenant
Governor would be entitled to twelve dollars per
day at the present time. Section 10 of Article "
says that the Lieutenant Governor shall receive
the same per diem as may be provided by law for
the Speaker Of the Assembly to be allowed only
during the session Of the Legislature"
Mr.. SATTERwHIrB-I think that is so.
Mr.. CHAsE-Section % of article is very plain
and conclusive: "Members of the Legislature shall
receive for their services per diem and mileage to
be fixed by law and paid out of the public treas
ury; such per diem shall not exceed eight dollars
and such mileage shall not exceed ten cents per
mile, and for contingent expenses not exceeding
twenty five dollars for each session" The Speaker
of the Assembly, being member of the Legisla-
ture, cannot receive more than eight dollars day.
II chat is not expressed in this language then it
seems to me that meaning could not be conveyed In
the English language.
Mr. Esos-The gentleman from Sonoma has cited
the law as it formerly stood. AS / understand the
reading of that law it is in conflict with the Const
tuition and therefore is not in force and section %
of article must be the section to govern in this
matter.
Mr. JoHNsoS-with due Difference to the Senator
from San Francisco, would call his attention to
another section Of this
MOST SINGULAR INSTRUMENT
That we are trying to interpret, and which will
puzzle us all, and make us all sick before we get
through with it. Section l of Article XXIi. reads
as follows: I" That all laws in force at the adoption
of this Constitution, not inconsistent Herewith, shall
in full force and effect until altered re-
pc led by the Legislature ; and all rights, actions
prosecutions, claims and contracts OF the State
counties individuals bodies corporate, not ncon-
sisent Herewith, shall continue valid as if this
Constitution had not been adopted. The provisions
tuition shall upon the adoption thereof except
that all laws which are inconsistent with such
provisions Of this Constitution require
legislation to enforce them, shall remain
july $780, unless sooner altered or repealed by the
Legislature" Now it would be question whether
it does not require some legislation to change this
and am of the opinion that the Senator from So
noma Is correct, and that under the amendment
adopted at the last Legislature to section 2G7 of the
Political Code the President is entitled to So per
day. AS to the proposition made by the gentleman
from Santa Barbara Mr.. Chase that if section % of
article does not mean certain things then the En-
glisi. language is not capable of meaning anything,
have this to say .that it is only another illustra-
ton of how the
ENGLISH LANGUAGE is DISTORTED
In this document when this section cmeets so many
constructions at the hands of so many able gentle
men we have upon this floor. l am in favor of
paying the Sl2 day. l believe have the right
to pay it. and that it is duty to pay it, move
that this report be recommited with instructions
to provide for the pay OF the temporary officers ap-
pointed by Lieutenant Governor johnson. | think
it is more than proper that should pay these
Pages and Porters that Governor johnson appointed
to act for us, and we ought to pay them reasona
BILE amount for their services.
The LIEUTENANT GovERNoR-I desire to call the
attention of Senators to the fact that it abSo-
lutely necessary to have temporary officers to
able us to organize. We had to have porters to
keep the desks in order We had to have pages,
and we necessarily had to have gate-keepers and
| Sergeant at Arms These appointments were made
after consultation with General Mansfield and with
his entire approval, and made IN the usual way.
Such appointments made at the beginning OF
every Legislature
MI JoINsroN-I desire also to have the commit
| tee instructed to amend the report to allow
the Lieutenant Governor twelve dollars dav.
| The LIEUTENANT -GovfRNoR-The motion compre-
hends any change they may make.
A LITTLE BREEZE.
| Mr. ENos-I heartily indorse the payment OF the
temporary officers that have been called here to dis
charge their duties. But while | indorse the full
payment of these officers, heartily condemn the
saut that has been made upon this new Constitution.
II the organic law OF the State and such should
be treated with that respect and courtesy in Senate
convened'under it that 1t requires. We are acting
under it. it is in full operation. and we bound
by it and the Speaker has been limited to IS a
day under 1t, and the members of the Senate, We
have rigat to violate it. oppose the motion
upon that ground. At the same time am ia favor
called here to discharge their duties to the full
tent and full amount which the Constitution and w
permits. But will not consent in the opening OF
this session to allow this instrument to be violated
assaulted in any manner, and shall resent IL a,
a member of the Senate upon this floor.
Mr. JoHSsoN-Mr. President, | simply desire to
say that at the proper time, when we have few
minutes to spare, it will give great pleasure to
break lance with the chivalrous defender Of the
celebrated Constitution, and endeavor to con-
vince him that it is proper and right for us to ex-
press our views in reference to the new Constitution
the old Constitution, whether upon the sand lots
State OF California
Mr.. SATTERwHITE-After hearing the Senator
from Sonoma and the Senator from Sacr mento !
satisfied that the per diem should be Sl2. that
this is good Constitution and that right
in voting for it, the Interpretation and easy solution
which is given to questions arising under it by the
Senator from Sacramento is the greatest evidence
On all questions discussed here his arguments and
citations make proposition very clear. am glad
that the gentleman has proved TO b. such correct
expounder OF the new Constitution so far.
Mr.. GoRMAN-I should like to call the attention Of
the committee TO Section % of Article w. The
Speaker of the Assembly is member of the Legis-
lature of course and that section provides that no
member OF the Legislature shall have more than
IS per diem.
Mr.. sEARs-I move that this matter lay over until
tomorrow.
The LIEUTENANT GovERxoR-If there be no obiec.
tion it will be recommitted TO the committee.
JOINT CONVENTION.
The Chief Clerk of the Assembly appeared at the
bar OF the Senate and announced hat the Assembly
was ready to receive the Senate in Joint convention
The Lieutenant Governor directed PROCESSION tO