Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-03-31


The journal OF yesterday was read and approved.
REPORTS.
Mr.. BAKER, from the Committee on Federal Rela-
tions, reported back ayorabiy Assembly Concurrent
Resolution No 10, relative to certain lands III San
joaquin county, claimed by Andrus Pico.
hr. IRAYLoR, from the Committee on Claims, re-
ported back favorably Assembly Bill No. 226-Ap
Act for the relief OF W. s. Stafford; and Senate Bill
No. sS6-An Act to pay the claim of w. c. Guyrey
Mr.. RowELL, from the Joint Committee ON Hos
pitals, made long report on the condition Of the
orphan asyluns. Double the usual number Of cop
les of the report were ordered printed
MIR. BURT, from the Committee en- Public Morals,
reported back fayorably Assembly Bill No. 134-An
Act to amend Section 30I OF this Penal Code, in re-
lation to keeping open places Of business on Sunday
Mr.. SEARS, from the Committee on Corporations,
reported back adversely Assembly Bill No. 1S7-An
Act to prevent discrimination by gas companies of
the State of California.
Mr.. JOHNSON called for report from the San
Francisco delegation on Senate Bill No. 9-ln rea-
ton to gas corporations.
Mr.. CoYGER made report from part OF the dele
CATION, recommending that the bin be indefinitely
postponed.
Mr. ZrcK, from the Committee on Contingent Ex-
penses reported favorably resolution to pay P.
H. Stockton $50 for services reporter OF the Com
mgttee on Elections Adopted.
APPOINTMENTS.
The Senate took up the message announcing the
appointment of A Haroe, George I. Bromley and
William Young as Port Wardens of the port OF San
Francisco, and unanimously confirmed the same.
INTRODUCTION OF BILLS.
Bills were introduced, read first time at length
BY Mr. WEsT-An Act to amend Section 6sS of the
Code of Civil Procedure. Provides that franchise,
may be attached, the same us other property i
Committee on Judiciary.
Also, an Act to amend the Civil Code Of the State
of California by amending Sections 1044 and 2947,
and by adding certain ectons thereto. ATTACH
ment Of franchises.l Committee on judiciary.
MISCELLANEOUS.
Mr.. WEST presented petition from wine-growers
in Los Angeles county, pray for law to prevent
the bee men from allowing their bees to interfere
with the vinicuturists.
Mr.. CoSeER moved to reconsider the vote by
which the Senate last night ndefin tely postponed
Senate Bill No. 4l4, Act requiring manufacturers
to stamp or mark goods.
The motion was made the special order for to-
morrow at P. NJ.
Mr.. NEUMASN moved to take up out of order
Senate Bill No. 430-An Act releasing to Wm.
Schole and his assigns certain lands in San Fran
cisco, and authorizing the Governor TO make con.
veyanee thereof (by Mr.. Johnson)
The motion prevailed, and the bill was read 4 sec
ond time aud ordered gngrossed.
SECOND READINGS
The Senate took up the second reading file as
fellows:
Senate Concurrent Resolution No 5-Proposed
amendments to the Constitution, relative to the pay
of members OF the Constitutional Convention (by
Mr.. Baker)-was taken up
Mr.. WEST moved to make it the special order for
April 10th at 3 Pm
Mr.. BAKER strongly opposed the motion He de-
sired 10 have the resolution acted upon speedily and
soon full Senate could be had.
Mr. WEST withdrew the motion, at the request of
Mr.. BAKER, order to allow vnte to be taken on
the engrossment OF the resolution.
Mr.. NYE moved to strike ont the preamble.
Mr.. WEST opposed the motion.
The motion prevailed.
Mr.. BAKER spoke in favor of the adoption of the
resolution He wanted TO put the Senate on the
record. lie read from the law which convened the
Constitutional Convention and provided for its
ganizaton and the OF its members, to show that
it provided that the members should only receive
pay for leo days. The members OF that Convention
had received $40 per day and fixed the pay of Le.is
lators at IS per day. They sat l57 days when they
were only entitled to pay for 100 days. He wanted
the question of paying these delegates submitted to
the people. Ii the people voted to pay them he was
ready TO vote for it. He argued that 1t the in
tent OF the law calling the Convention, that tAe
members should only be paid for 100 days, and TO
sustain that position he cited the debates in the Leg
islature the passage OF that law.
Mr.. HILL opposed the engrossment Of the resolu-
ton 1t locked very much like spite on the par, OF
some who had opposed the new Constitution. The
people OF the State had accepted the work Of tho
Constitutional Convent II. and they ought to pay
for it. The Legislature had already passed bill TO
nuOlSD Tue GeDAleS OF tDe convention. ney were
willing TO make use OF their work, but not pay
for it.
Mr.. WEST also spoke against the resolution. He
held that the people called the Convention and the
Legislature was ony the machinery to put forth the
work. The Convention completed their work. ard
it was accepted by the people. more patriotic
and devoted set Of men than the members of that
Convention never assembled. He looked upon this
resolution as the last ickering kick OF an expiring
enemy to the verdict Of the people, 1t was simply
attempt at reputation, which was worse than
Mississippi ever attemUted- II insult TO the
people who adopted the Constitution
Mr. CHASE deprecated debate on measure when
there wss not shadow Of chance OF Its being
adopted.
Mr.. SEARS held that under the Constitution this
resolution was its passage, and it would take
two thirds vote to pass il. He read the clause of
the Constitution, SAYING that II should not be con-
strued to prevent the Legislature from paving the
members of the Constitutional Convention. lie
disagreed with Senator Baker The CONVENTION
was not bound by the Act OF the Legislature calling
It, The Convention assembled in sovereign carac
ity, and was bound by nothing except the lruy.s-
ions OF the old CONSTITUTIONS regard to the llam
ing Of Constitution. He did believe the
resolution would receive dozen votes in the Senate
Mr. PARDEE favored the resolution. lie held that
some OF the remarks Of Senator West were uncalled
for. He believed that in law or in equity no men,
ber OF the Constitutional Convention was entitled
to q cent. he could the necessity of taking
so much time in framing of the Constitution
The first Constitution framed in sixty days and
the people OF the State prnspered under it Tor thirty
years. The delegates to the Constitutional Conyef-
ton had right to pay after the 100 days had
expired than the Legislature would have if they re-
main in session more than leo days. He believed
the question ought to be submitted to the people
Mr. KANE said that personally he believed that if
IS a day enough for Senator it was enough for
delegate to the Constitutional Convention, but he
opposed this resolution because his constituents
We're in favor Of paying the members Of the Con
yention $40 per day He proposed to act in ac-
cordance with the wishes of the people.
Mr.. CoNGER spoke against the resolution. Ee de-
MED that the people prospered under the old Con-
stituon as people never prospered before Ii that
Constitution had been what it ought to have been
this State would be the most prosperous in the
country today. One clause in the new Constitution
had already saved the city OF San Francisco COO 600
in restricting special gislation 1t vas the best
Constitution in the land The spirit of this resou-
ton was part of the old fight against the new Con-
stitution. 1t was the spirit that attempted to
prevent the publication OF the debates of the Con-
stitutional Convention, and thus suppress them.
Mr.. NYE thought it would be well TO pass this res
oluton and submit the question to the people, If
he felt absolutely certain that the people wanted to
pay The members Of the Convention he would vote
TO pay them. Many had accepted the Constitution
with reservation. They were willing to take what
bad in the Constitution for the purpose Of get
ting what was good in it. This claim of the delt :
gates of the constitutional Convection was the same
as all the Gains that had come before the Senate
and been rejected The Convention was bound by
the act OF the Legislature calling it. They had no
right to get pay for any longer time than 100 days
Mr.. NEUMASN favored the resolution. He quoted
the Enabling Act, as did Mr. Baker, and said that
he could not see how the members of the Conven-
tion could exrect pay after the 100 days under that
Act. The Convention was tound to be governed by
the Act under which it was organized
Mr.. WEST held that il that true the people
nufed that contract ythe adoption of that clause
in the Constitution which said that nothing in the
Constitution should be held to prevent the Legisla
ture from paying the per ciem of members for the
full 157 days.
Mr.. NEUMASS said that ii it was not for the En-
abling Act under which the Convention met, he
would vote for the pay OF these delegates That law
provided for the compensation of the delegates and
they had no power to raise it.
Mr.. HITTELL favored the resolution There was
nothing in the Constitution that compelled the Leg
slature to pay these delegates. 1t was entirely in
the discretion of the Legislature, and he would vote
for this resolution.
Mr. ESos opposed the resolution. He favored the
payment OF the delegates. He cited the Act alluded
to. and showed that the Act only appropriated
S150,0O0 TO pay l52 members SO per day for 100
days, and to pay all the other expenses
Mr.. JOHNSON regrettedt that he was not well enough
10 speak upon the question. He in favor of the
resolution. The Legislature that passed the en-
ACT Il .ba