Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-01-22

the prece ing day that thus far there had been no
authoritative decision by any legal tribunal
as to the unconstitutionality of the Act.
the provisions in the Constitution OF
California under which the bill had been drawn
could be properly passed upon only by the Supreme
Court Of this State and its decision could only be
reversed or confirmed by the Supreme Court OF the
| United States During his argument, which was
very clear and exhaustive, Mr. Hale interrupted
by Mr.. Lore VINO asked him il he did not
consider the see'ion previously referred to in the
Constitution Cf California in direct conflict with the
| Constitution of the United States, and By Mr..
FELTON,, who inquired il the Federal Constitution
were not paramount to the State Constitution. To
the latter Interrogation Mr., Hale answered yes,
and relative TO the query OF Mr. Long he SAID that
the Constitution ot State was q legitimate eX
preston OF the sentiments OF its people, an6 that
Until it had been ruled by the Supreme Court it
could not properly be considered invalid. In con-
clusion he moved amendment to the amend
ment, aud seconded the suggestion made by the
representative from Yoo, that the bill be recon-
mitted.
Mr. WurppLE sud that there were brs two ways
by which relief could be obtained from the Chinese
evil One was by an appeal to the Federal Govern
ment, and the other was by making California such
an undesirable residence for the Chinese that they
would eventually 10 come to it. Just to what
extent the people could go such direction had not
yet been determined and the people were demand
ing that the issue be passed upon by the highest
legal tribunal in the land AS a lawyer he
acknowledged that where the State and Federal law
confiicted, the supremacy OF the latter must be
recognized but it yet remained 10 be determined
whether or not any such conflict existed between
the State and the nation relative TO the Chinese.
Until the problem was decided by the Court Of
highest resort, California would not be satisfied.
Mr.. LONG So he opposed to returning the
bill to the committee In his opinion if the bill
was a law and on the statute books it would BE in
operative and not worth the paper upon which it
was printed. He then continued in an able argu
ment, giving his views OF the law, and showing why
he was adverse to the bill. 1t was not because he
was for Chinese immigration, for such was not the
case, but mainly for the reason that he considered
it unWise, imperative and without sound logical
or legal basis.
Mr. PLATT was adverse to the bill, saying in the
course Of his argument that while he was willing
to do all in his power to rid the State of the Chinese
Incubus he still maintained that it was an ncom-
petent subject for the State Legislature and that
relief could only be had from the Federal Congress
The roll was then called and the amendment to
the amendment was lOst-ayes 20, oes A.
Mr. PLATT offered a secor amendment. Lost.
The amendment by Mr.. Baker was also lost.
The roll was then Called and the bin was passed
by the following vote
Ayes-Arick, Baker OF Sacramento, Baker of Yolo, |
Birnev, Bost, Branch, Burns, Crumpton, Cunning |
ham, Daggett, Del Vale, EsteY, Fraser, Freer, Gar
rity, Gavigan Geary, Gilmore Hinshaw, Holden How
ard, Jackson Heating, Kellogg, Lane, Leake Mason,
Mathews OF Tehama, Matthews of San Benito Nav, |
Mcdonald, MuIgett, Murphy Noonan, |
OC1nnor, Paterson of Nevada, Patterson Of San |
joaquin, Pinder, Reddck, Samuels, Siebe, Swift,
Wertsbaugher, Wood, Young 46.
Noes-Aviso, Brown, Cannon, Crank, FELTON,, |
Gay Sale Hendricks, Jones, Klhurn Leach, Lewis,
Long Mcclure, Mein, Paulk, Platt, Reynolds, Ssr |
gent Streeter, Van Fleet, Warkins, Wason OF Ven
Iura. WATSON of Mono, Wenz, Whipple, SIR. Speaker
-27
A. g. 1s6, amending an Act entitled an Act pro- |
viding for appeals from orders forming reclamation
or swamp land di tricts, setting off lands from such
Districts or consolidating districts, approved April
l6, 1850, was read the second time and ordered
crossed and to third reading.
A. B. $50, relating TO the definition of grand lar
eny, was read the second time.
At ASS, after refusing to adjourn till Monday, the
Assembly adjourned.
lAssemblyman Paterson OF Nevada was mad
represented Yesterday having intro
iuced resolution calling upon the Railroad Com
nissioners to report to the Governor in the
If the year. The resolution in truth limited the
time to twenty days. 1t was amended to read ten
LAYS, and in such form was adopted by the House