Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-01-30


all the force you can raise to defend them viii long
restrain the voice of an oynsPsrated people. There
Is something in American soil. something in AiDeTi
| can air that quichoEs tfe thought and fires the
sluggish blood Of the slave and causes him TO stand
IN the Goa!jke attitude Of freedom. Soma inspired
youth, clnnaddeneG by the singing lzsb CALLED by
me caiiiIg chains, viii Gre the Ephesian dome Of
slavery The flames vii! spread the rcd tongues OF
eonh~gration light up and wreath the nlinerets and
, lanes OF power, and this misguided land go down In
the crimson lerrorS Of revolt ard reyolutie
MI; YORK considered this law a blow at the very
foundation OF American liberty. 1t ls an unjust, aR
unholy law, and he would gladly strike hands with
the hOikingmen in its repeal He was emphatic
ally for fr edcm IN religious thought free spcech
and 4 free press. lie had, he SAID been stung over
and over asain by the newspapers, vet he was not
ready 20 cut of iota Of the freedom Of the press
He should vote against the amendment and for thu
repeal II the law.
10 say upon this subject. At tie time | had tho
floor the gentlemen seemed alarmed lest | should
attempt to assail somebody. They are mistaken l
am not III the habit Of aszaiing any person or any
body Of men. On The contrary Ei,.tended 10 bRyo
pIased the bcdy which occupied this floor two years
ago, and also that of the other branch Of the Ie2s
iature. | intended 10 have said to their immortal
credit that the not to be found who conJ5
be induced to oer this bill and affix his name 10 it,
and allow it to go upon record that it had TO be in
trodueed a. coming from committee of the House.
shall argue briefly that Sufficient justice can be
meted out by that law except to repeal it, That law
never had father. II is an orphan
Ar DEL NALLE raised the game point q order that
was raised before, that no gentleman on the floor
mas any right 10 aliude to the manner in which u
law was passed or introduced, or the cause of it.
The SFEAKER-The point Of order is well taken
The question ncw before the House is upon the
adoption OF the amendment
Mr.. MAT-I accept the ruling of the Chair and
Will show that the statute ought to have been
placed upon the statute books oi California, and
that, as said before no justice be nced out by
it or by the amendment that il should be repealed
lV unanimous Tho
is mistaken when he says that the Law was tie law
of California before this Ae; wss pasSed-
nat nat. ~ the The Common an law OF England.
where l find fault with il. The Gentleman
is utterly ?Id entirely mistaken. It is i.at and
never was the common law Of England with any
such penalty. Ii Il Was the common law why did
not the gentleman rely u1On that law ard fx a
penalty. As the gentleman frcH Fan Francisco.
Mr. BT2unhaTdt, very well said When he read frc u
the satnte law in that subject las always existed
il California. For thirty years the Icace OF Tho
State has been preserved by it. Sud.
denly it is found that the law is not sufficient snd
this Riot Act is brought forward to defino
the erme-a crime which never lad exist
cd before. That is what ! object 20
ahout the law. II defines crime that never did
exist. IL makes new crime in the Penal Code and
an entire change in the Criminal Code, and then
makes the penalty Imprisonment in the State Prison
say that tie Penal Code that protected rs and our
fathers and our homes for the last thirty wears we
may wei! and safely assume VIII protect us aud our
State and our homes in future time. The gentle
man from San Franc co, Dr. Iaybeil struck the
Keynote Of the whole thing when he said that
that law takes no root in the popular hear.
That gentleman is right. It takes no
root in the popular heart and cannot be enforced.
He very well said that You may bring YOUR armies
and your p1ce, and they not Try to execute it.
IL has been our statute books for two years. and
no man can point TO 4 single arrest under It, and
there never i'll be one. 1t has hold OF the popu-
lar heart and until II has you cannot execute it. 1t
Is disgrace tO the statutes Of California and it.
should be e%puDsed, ana want the satisfaction Of
voting " No upon i. / do not wish TO be com
PEELED here to vote for something else IN the place Of
that, bnt want to repeal the law, snd have tho
public conscience e the State of California purgsd
Of the ohense, and then if any gentleman will show
that the Penal Code Of California is not ample 70
give the weakest child in the State protection, VIII
be with him in his efforts TO make it sufficient.
Mr. MEEEY-I ask the gentleman if he was not
here two years ago when that law was passed
hr. NAL am glad the gentleman called my IT,
teniiOn to That fact. was not here 20 vote for H.
at the State Prison and could not vote. Laugh
ter
Mr. HARDY thought the law entirely unnecessary
and yery unwlse. Ii W;,s in no serse party oues-
zion. The law has been on the statute books for
two years, and 10 good purpose Las been suOserTed
by it. These men for whom ifls law was intended
irctiul under il, AID more dscontented than
they would have BEEN If the law had not oeSn
passed.
Mr. ANTHONY said he believed The proposed
amendment would be contrary TO the Constitution,
and lie quoted the Jth section OF Tie p OF rlghtR
to prove his position. This amendment undertakes
to anticipate crime, and for that reason he thought
it inconsistent andIluwite.
MIR. McINrOsH opposed the amendment, and was
in favor Of the repeal Of the law He did not want
10 be gagged. He would exercise the right of FREE
speech on all occasions.
Mr. DEL VALE said he was in favor OF ths
amendment. He thought the penalty j.. the law ss
il now stands en- irely too severe bus b. reducing
The csime from felony to nisdemCcaor, it would
not be harsh. No nan NEED fear such 4 law
While lie would be opposed 20 re,aitirS the old Law
without amendment, he wasild r-ts 20 retain is
with the pr posed modification.
The ayes and noes were demanded and On the
call o' the roll the amendment was lost BY the fol
lowing vote:
Ayes-Adams, Eeunett, BTusie. Cameron, Chaud-
ler, Coleman, Cooper, CorcCFsn, Downs, Durham,
FELTON,, Fox, Fraser, Horhy AcCouas Merry, Mes
sengcr Morse, StreeteT, Yaile Ward, Wason If Ven
tura, Wasso1 OF memo, Gr. Speakor-26.
Noes n;hony, Bass, BTaunhart, Brown Of So
nona, Brown of fuba, Burns, Carr OF Yuba, Cham
berain, Coifman, Cook, Cuthbert, Dimond, Finlay-
SON Gar;badi, Gafey, GOTley, Green, Hardy Har-
ris, Hynes, JCsseyn, Leach, LeYce, iiathews May,
Maybei, Medallion, HcCarty OF Lake, Mccarthy Of
san Francisco, Mcintosh i'cket, sherburn, Stod-
dard, Sweetland, Walker, Watson, York, YounS-4O.
The question then REQUIRED upon the passage Of
the bill repeating the law.
Mr. YouNG spoke in favor OF repelling, citing
numerous Authorities. He quoted from the exist
ing laws show that they were omplG for the pro
lection of life and property and hoped that the bill
would pass
Mr. DsL VALIE said as the amendment was lost,
be could now only vo.e for The repeal Of the law.
The roll was cal ed and the bill was passed. hy
vote Of 5G to 7.
Mr. Fox offered a resolution to the eject that all
bills be printed before being read first time unless
the reading should be demanded, ard that the rule
be amended in that particular. The resolution was
adopted unanimously.
Mr., MERRY moved to adjourn until tomorrow At
o O'Clock Lost.
Mr. HAI Dy, pursuant to notice, moved TO recon
slider the vote, by which Assembly Bill 10. so
passed. Carried,
Nr. McCALLIoN offered Il resolution for a commit
tee of five to visit san Francisco and investigate the
recent landing oi smallpox patients. Carried.
The Chair appointed Messrs AcCa.lion, GOTley,
Mayben, BraUuhart and Tyler.
On motion Of lir. CAHERON, at o'clock the house
adjourned.