Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-01-29

81 ssions to he held at the capital
Mr.. DEL VALE opposed the motion. 1t would he
said, be an act of great injustice It euld be say
ing to ve large class of poor tigants. you shall
not be allowed to appeal 20 the Sopreme Court. 1t
wouli cost 20 much to plead n case before the Su-
preme coart that many persons, no matter how
meritorious the case might be, would have to let
their cases go By default because of the lack of
means. he opposed it oG the further ground that
the citizens OF Los Angeles and San Francisco are
asking in this matter right and not privilege
Mr. MERRY moved the previous question, which
was ordered. The roll was called and the amend
ment lost by there being only ayes.
Mr. CooK moved to amend by holding one session
at Yrela. Lost.
Mr. TYLER thought that the Supreme Court ought
to be held at place. and that place ought to be
san Francisco, and he moved to amend to that end
1t would be n great saving to the people of the
State Nearly twothirds Of all the litigation takes
place in San Francisco.
Mr.. BRAUHAART opposed the amendment. 1t was
not es entia that all the litigation should be mo-
nopolized by the attorneys Of San Francisco The
state can afford to do justice to the other counties
which are paying their share of the expense Of gov
ernment.
MIR. DEL vALLg said the same argument he had
used in the other case can apply TO this one The
interest Of the public must be consulted He did
not believe IN Earring poor men from appealing to
the Supreme Court.
Mr.. YoUNG did not think word was necessary.
But as rep csentatiVe Of Sacramento it was his
duty to say a word. He did not believe that the
gentleman was sincere in making his motion. Sac
ramento had voted before for giving Los Angeles
term OF tho Court, and he now appealed 10 AL Of
them to stand by them. There should not be any
rivalry between any of the Localities, any Of the
great interests Of the State. San Francisco is de-
pendent upon the interior of the State, and the
sources of the interior ought not to be crippled.
This is, however, matter OF justice and the amend
ment ought not to be adopted.
Mr. TYLER said the amendment offered to
show the dangerous ground which members are
treading on when they tamper with the reports Of
| committees, and he withdrew the anendment.9
AFTERNOON SESSION.
The Assembly reassembled at r. NJ Speaker
| CUwdery in the chair.
| The consideration Of Bill No. 10 was resumed.
Mr.. HARDY gave notice Of motion to reconsider
| the vote b. which Bin No. 80 was passed
MIR. GAFFRY gave notice Of motion to reconsider
the vote by which the amendment to Bill No 81 was
| lost.
| The committee amendments were adopted.
Mr.. HARDY moved to amend Section 10, so to
| allow injunctions and writs Of prohibition to be
served on legal holidays and non-judicial days.
| Adopted.
| Mr.. BRowx of Sonoma moved to amend so as to
provide that in counties WHARF there more than
| one Judge, one Court may be held III some other
| portion Of the county if desired
Mr. Brown said it is the desire of two birds Of the
! people OF Sonoma county that such amendment
should prevail. There three towns of about the
same size, and it would be matter Of great conve-
nience.
| Mr.. TYLER opposed the amendment as impractical
| BILE and expensive.
Mr.. HARDY also opposed the amendment the
additional score Of expense.
| Mr. Fox while appreceiatinS the situation in that
one county, thought the amendment dangerous
There is but Court, matter how many Judges
! there may be. 1t would be found to work great
hardshps The Courts must sit at the county seats.
The officers of the Court are there and the Court
must be there
| Mr. Brown said that in the State there has been
| District ard County Court in certain counties
| held in different parts Of the county. Not one
! dollar Of taxes is asked.
Mr.. MCISToFH opposed it on the ground Of ex-
Pense. II man wants to so to law he didn't pro-
pose to pay his expense by sending the Court to his
| door. lie was opposed TO sending any Court on
wheels around the State. lie didn't want anything
| of that kind i'll his county.
| Mr. CoRcoRAS said there are only few counties
where there is more than one Judge, and he was
| opposed to dividing the Courts The business of
the Court is divided, and the Courts cannot be sep
| ara'ed.
Mr.. ADAMS differed with his colleague as to the
wishes Of the people of Sonoma. He was opposed
! to the amendment. Santa Rosa, the county seat,
contains almost half the population and the rail
way connection is ample TO accommodate the peo
pie. The Judges themselves are opposed 10 this
plan.
Mr.. WALLER moved to strike out two and irseI t
one go that any Judge hold Court in different
| places. the expense of coming to the county seat
is so great that justice is often defeated. lie want
| ed the Judges to have the discretion Of holding
| Court in different places
| Mr.. TYLER said that the law must be general
The amendment Offered by Mr.. Brown was lost
The amendment offered by Mr. Walker was lost
| Mr.. McISTosu moved to amend SO that man
shall be citizen of the State for five years instead
of two, before he can be elected to the Supreme
| Bench.
Mi. Tyler opposed the section which compelled
the Superior Judge to reside in the county seat and
he moved TO amend so as to allow him to live within
! five miles of the county seat.
| Mr.. LEVER opposed the amendment. Ii would
work in counties, but would not in others.
Mr.. ADAMS moved to amend 50 as to compel the
| Judge to reside i'll the county, and within three
miles Of the county seat
| Mr.. FELTON, moved to amend so that the Judge
| shall c in his office during Office hours.
Mr.. BR .USrART said he should reside in the cUUn-
| ty seat the other officers.
| Mr.. TYLER accepted both amendments.
! Mr.. SwEETLASD opposed the amendment. In the
interior counties it viii initiate against the inter
ests of the people.
Mr.. CARR of Yuba opposed the amendment. l.:
| was the duty OF the Superior Judges to remain at
| the county seat.
Mr. FENroN said the Judge is paid to.attend to
his business and if he attends to his business dur
| ing business hours, whose business is it
| Mr.. Cook said in his county it would be unjust to
compel the Judge to live in the county seat which
| is very unhealthy. |. would work great hardship
| There was no need OF it. Let a man live III the
country ii he wants to, long he does his duty
| Mr. Fox was surprised at the amendment in view
| Of the law OF the past that Judges should live at
! the county seat. The Supreme Court has said that
such legislation is merely directory and not manda
/
| that is all that is required
Mr., MuLHoLLAND said he agreed with his colleague
| Diphtheria prevails in the county seat Of Lassen
county, and it would be unwisc to compe. any man
| to live there.
Mr.. SAYLE was in favor of the amendment, pro-
vded the Judges compelled to remain in their
offices from in the morning until in the evening
| Mr.. ADAMS said his object TO compel all
| Judges to reside i'll the county, and not reside in
| other counties.
The amendments were adopted
| Mr.. SAYLE renewed his motion for office hours
| from to 4, except an hour for recess at noon.
| Mr. TYLER moved to amend as to say and fif-
teen minutes in the forenoon and fifteen minutes in
the afternoon, III the Judge should want to 20
| out back. Lot.
| The other amendment was voted down
Mr. COOPER moved to amend as to strike out
the clause allowing the Judges of Courts of record
to take Acknowledgements
| Mr. Fox opposed it, as also did Mr.. TYLER.
| Mr. CooPER said there town of any i'm
portance in the State that has not Notary. in
other States and counties the acts OF Notares are al
WAYS good if certified to properly.
| The motion to strike out was lost
| Mr. CoRCoRAN moved tc strike out Section 80
which provides for Court Comm ssioners
! Mr. CoRcoRAN said the Judges can do the work
themselves and he was opposed TO their delegating
their .ork to Court Commissioners at extra cost
to litgants All the Judges will have ample time to
attend to all the business
Mr. TYLER said thereswas n good deal Of sound
| sense in the gentemans remarks Any case may
under the Constitution, be referred to any lawyer
and he may try that case, and there neces.
| sity for this section. The amendment adopted,
and Section 25S repealed.
Mr. You've moved an amendment to Section 35, 50
that No elective jIdica' officer shall have partner
pr.cticng law be interested in any way in any
ton before the Court, except he be party to the
| action Adopted.
| Mr. Fox moved TO amend Section 30, so as 20 re-
peal that section of the Code relating to Court Com
| missioner. So ordered.
Mr. Fox said that the judiciary had determined to
have new Act in relation to short-b hand reporter,
and he moved that Section 43 be stricken out So
| ordered
The bill then ordered TO print. This bill has
been read twice at length
Assembly Bill No. 46-An Act to amend Sections
S977 3979 1881 and 1884, and TO repeal Section 397s
| of an Act entitled an Act to establish Political
Code approved March IL, 1872 relating 10 the re-
Inoval of county seats Cby Mr.. Fox).
Mr. Fox called for the bill to be put on its pas.
sage The roll was called and the bill was passed,
| by a vote of 40 to H.
| Mr. COOPER moved to adjourn. Carried