Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-04-03
SENATE.

SENATE.
SACRAMENTO, April ., 1880.
The Senate met in regular session at 10 A. NJ.
President Mansfield in the chair.
Roll called and quorum present.
The journal of yesterday read and approved
REroRTs.
Mr. HlTTELL from the Committee City anC
Town Governments, reported back Assembly Bill
No 327-An Act to allow unineorporated cities ant
towns to assess and collect taxes, etc-with th'
recommendation that it be referred to the Commit
tee on County and Township Governments. so or
dered.
Mr.. SATTERwHITE, from majority of the Commit
tee Elections reported in favor OF paying the fol
lowing amounts for expenses in contested election
cases Senator TIayl0r, $500; Senator COnger
$3.50; Senator Nelson, $780, Signed by Messrs
Satterwhite, johnson, Ryan and Anderson
Mr. NEUMAEN, from the minority of the SAINT
committee reported in favor of the indefinite post
ponement of all the above claims.
Mr. SATTERwHITE moved that the amounts be pait
out OF the contingent funu Of the Senate. The mo
tion ordered on file.
Mr.. JOHNSTON, from the Committee on Agricult
ure, reported back fayorably as amended Assembly
Bill No 325-An Act to add new section to the
Penal Code relative to malicious mischief.
Mr.. BRowN from the Committee on Roads ano
Highways reported back favorably as amended
Senate Bill No. 260-An Act TO amend the Political
Code relative to highways.
ASSEMBLY MESSAGES.
The Assembly messages were taken up and
disposed OF follows:
Senate Bill No I74-Amending the Penal Code
was referred to the Committee on Judiciary.
Assembly Concurrent Resolution No. 2l-Rela
tive to adjournment sine die of the legislature wa:
referred to the Committee on Judiciary
Assembly Bill No. 354-An Act to provide for the
protection of lands from overflow other than lands
recognized as swamp lands. Committee ON lrriga
tion Water Riphts and Drainage.
Assembly Bill No. 3S4-An Act to promote drainage
The CHAIR referred the bill to the Committee on
Irrigation, Water Rights and Drainage.
Mr. GLAsC0CK moved to refer the bill to the Com
mttee on Swamp and 0verflowed Lands The bill
taxed the swamp lands.
Mr. NEUMANN opposed the motion.
Mr. JOHNSTON favored the motion. It would tax
the swamp lands 81 100000.
Mr. JOHNSTON hoped the bill would 90 to the
proper committee 1t was drainage bill 1t was
a bill to levy tax upon all the property IN the
State. 1t taxed Sacramento, Marysville and all OF
the State. The Committee on Irrigation, Water
Rights and Drainage had members from all parts Of
the State. The Committee on Swamp and Over
flowed Lands did not. This bill was not applied TO
swamp lands solely. 1t was simply a question OF
the proper reference of the bill 1t q bill 10
promote drainage There was Committee on lrri-
gation Water Rights and Drainage, and that was
the committee to which the bill ought to go. So far
he was concerned he did not to ave it so to
any committee. He was ready to act upon it in the
the second reading file.
Mr.. ENos had not read the bill or made up his
mind upon 1t. He was not on eithTr OF the COM
mittees named, but he in favor of the reference
to the Committee on Swamp and Overfowed Lands.
The swamp land interests most largely affected.
The object of the bill was to set le the trouble be-
tween the mining and agricultural interests. he
wanted to know why this fight was made as soCn as
the bill reached the Senate He wanted the bill to
90 to a committee and be examined.
Mr.. SEARS said this was not the time to discuss
the merits of the bill. He moved that the blu be
referred to both committees to act jointly.
Mr. JOHNSON, in reply to Mr.. Enos said that the
fight had been opened by those who favored refer
ence to the Committee on Swamp and Overflowed
Lands. He was willing TO accept the proposition OF
the Senator from Marin and allow it togo to both
committees, and seconded tnat motion.
Mr. SATTFRwHIrE said that he the Commit
tee on Irrigation. Water Right and Drainage, and
not member of the Committee o Swamp and
Over1owed Lands, but he was willing to have the
bill go to the latter committee. de did not think
it good idea to send to the joint committee. That
would make the committee too laree. He supposed
that every Senator had already made up his minds
how to vote on the bill. He favored referring to
the Committee on Swamp and Overlooked Lands.
He was willing to take his chances with the bill
there. As a committeeman he did not care to have
anything to do with the bill.
Mr. WATSON did not believe in referring to joint
committee, He favored referring to the Committee
on Irrigation Water Rights and Drainage The mill
lands and more too. The water tax alone would
be more than the swamp land tax The Drainage
Committee had representatives from all parts OF the
State The bill was now as near perfect as they
could make it in six months. He thought the Chair
had made the proper reference of the bill.
Mr.. KANE opposed the reference of the bill to
either committee. Ii the dog was not in the well
he thought the dog was about to fall into the we'll
He moved that it be referred to the Committee
on Federal Relations.
Mr.. CoNGER believed that the reference made by
the Chair was the correct That committee
represented the whole State.
Mr. DICKINSON also favored the reference made by
the Chair. That committee was to expressly con-
slider this question. All parts OF the State were in
terested in this bill
Mr.. JOHNSTON insisted on the reference the
Committee on Swamp and Overhowed Lands, and
gave figures to show how much the swamp lands
would be taxed. The swamp lands would be taxed
three times. All swamp lands benefited would have
to pay So an acre The words or benefited were
his point of objection to the bill. 1t would cons-
cate half the swamp land in the State. The miners
were the people bene ed, and ought to pay the ex-
pense.
Mr. DAVIS deprecated discussing the merits of the
bill or a motion to refer He not very particu-
lar about what committee it went to, but undoubt-
edy it ought to go to the Committee on Irrigation,
Water Rights and Drai age. 1t was question that
interested the people OF the whole State. It ought
to be considered on broad view. Let it go to the
Joint committee or to the file.
Mr. CHENEY was on the Committee on Swamp and
Overowed Lands, but did not want the bill sent to
that committee. The Chairman of that committee
had Just intinated that he bitterly opposed to
the bill
Mr. BURT thought that if the bill was to 90 tn a
joint committee, the Committee on Mines and MIN
ing ought to be added They equally inter-
ested.
Mr. Sears motion was lost by a vote of II ayes to
19 oes.
MI GIascocks motion was lost by the following
vote :
Ayes-Anderson, Chase, Enos, German, Harlan,
Hill, Johnston, Kelly Lampson, Langford, More
laad Nelson Nye, Satterwhite-14.
Noes-Burt Brown, Carlock, Cheney, Conger,
Davis, Dickinson, George, Hittell, Hudson, John
son, Kane, Neumann, Pardee, Pool, Rowell, Ryan,
Sears, Traylor, Watson, West, Zuck-22.
Mr. Glascocl (aye) paired with Mr.. Baker {no)
The bill was thus ordered to the Committee on
Irrigation, Water Rights and Drainage.
REPORT.
Mr. DAVIS from the Committee on Education, re.
ported back Senate Bill No. 299-the education bill
with the recommendation that the Assembly
amendments be eoncurred in.
The bin was taken up at once, and the amend
ments concurred in.
SECOND READINGS.
The Senate took up the second reading file, as fol-
lows:
Senate Bill No 555-An Act making an appropri-
alton for the State Printing Office for the fiscal year
ending June 80, 1880 (by Mr. Hll)-was ordered en-
senate Bill No. 4oo-An Act to amend Section
2756 of the Civil Code, and to add section to
the same Code, to be known Sectipn 2757, con-
cerning fire insurance Coy Mr.. Brown)-was read a
second time.
Mr. DIcKYsoS spoke against the bill Such law
existed in Wisconsin, and the Insurance Commits
sioners there recommended the repeal OF the law.
because it had clearly increased the number Of
eendiary fires
Mr.. NYE locked upon the bili In the same way. 1t
destroyed the Indemnity principle and established
the principle OF a valued policy
Mr. BROWN snoke in favor of the bill. By the
passage of Senate Bill No. 1SS Insurance.
monopoly had been created. This bill was only to
make the companies pay what they agreed to when
they issued policy. 1t was bill in the interest OF
tile poor men.
Mr. WEST took the same view Of it.
Mr. STARS said that the Committee on Corpora
tions were divided upon this bill The principle ir-
volved in the bill had been tried in several States
and in every instance il was found necessary to re-