Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-01-12
CALIFORNIA LEGISLATURE.
rwENTy-FouRrH SESSION NINTH DAY.
SENATE.

sen ATE.
SACRAMENTO, January IL, 1881.
The Senate met pursuant to adjournment at 10
A. NJ President Mansfield in the chair Roll called
quorum present. Minutes OF last meeting read and
| approved.
On motion OF Mr. NEuaANN, the election OF United
States senator was made the special order at I2 NJ
| to the exclusion Of all other business.
APPOINTMENTS CONFIRMED.
The appointments made by the Governor during
the recess OF the Legislature unanimously con.
/ firmed.
| The appointment Of Donald Mcclellan as Director
of the Insane Asylum unanimously confirmed
On motion of Mr. CHENEY consideration of John
E. StanleJs appointment as Trustee of the Deal
Dumb ard Blind Asylum was made the special or
der for to morrow morning, immediate after the
reading OF the Journal
The appointments of Joseph A. Coolie and George
d. DOrning were confirmed.
The appointment Of n. Greene Curtis was not
confirmed, by vote of 20 to Is.
The appointments OF Chester Rowell and T. j.
Phelps were confirmed.
REPORTS COMMITTEES
The Finance Committee recommended the Passage
of s. Bs 81 80, a4. 6S and &C. and recommend that
S. B. so be indefinitely postponed.
The Committee Military Affairs reported fa-
voraby on the resolution introduced by Kane rel.
atiye to the National Guard ard recommended that,
in consequence of the ack OF sufficient clerical force
by the Adjutant-G General the committee be author
lied to empo, two clerks at per diem OF IS, whose
duty IL snail De the statistical matter
called for by the resolution. After discussion
| the report was placed on file.
| The Committee on Fish recommended the passage
| OF s. B. 81, with amendments attached.
| The Judiciary Committee recommended the pas
sage of S. Bs. o. 63 So, 4S, 79 81 rd S. the indef
mite postponement OF 5. B. 81 the rejection of S g.
TO- the return Of S. B. u to the committee for cor
rection the indefinite postponement of S. B. 49, and
the reference OF 5. B. 81 to the Committee County
| and Town Governments.
| Mr.. JOHNSON introduced report Of the majority
| OF the Judiciary Committee, recommending the
| passage of $. 3. 76
minority Of the Judiciary Committee disscntel
| from the majority of the committee, and recon-
mended that the bill do not pass.
| A message was here received from the Governor,
transmitting the report of the Board of Directors OF
| Drainage District No. l..
| Mr. JOHNSON moved that the report be referred to
| the Committee Irrigation, Water Rights Drain
| age and Mining Debris Adopted.
INTRODUCTION OF BILLS.
The following bills were introduced:
BY Mr.. RowEIL-To add eight sections to the
| Political Code to be known Sections 1880, 1881,
| 1882, 1888, 1854 1885, 1856 and 1887 relating to
the issuance of bonds by the Trustees of school dis
tIics to raise money for building purposes ard to
| provide for the payment of the same. Judiciary.
| BY Mr.. HnI-To punish baggage smashers. Ju.
| dietary.
| Also, to amend an Act entitled an Act to amend
| Sections 1885 and 1887 of the Political Code, ap-
proved April l. lsls, relating to the organization OF
| fire companies. City and Town Governments.
| By Mr.. LAMPsoN TO encourage the destruction of
| coyotes. Agriculture
| b. Mr.. ENos-Reatve to insurance risks and
policies. Corporations.
b. Mr. WE DEIL-To amend an Act to promote
| drainage, approved March %, 1880, by adding
new section thereto, to be known Section go and
to provide what land should be known ard included
within the limits of the drainage districts. Irrga-
| tion and Drainage.
By Mr.. RrAsSTo regulate licenses for the sale of
| liquors. Public Morals
| By Mr. JOHNSON, with memorial attached-To
amend q no Ppnal in AD n
keeping open places OF business on Sunday. Ju
dietary.
By Mr. Esos-To establish simple and inexpen-
sve system of procedure in civil cases. Judici-
Also to authorize the Governor and Surveyor
General to sell aud conyeg certain lands belonging
to the State. Judiciary.
Mr.. ZUCK offered the following
Resolved, That new standing committee be
created, consisting of five members to be known
as the Yosemite Committee. LaiG over until to-
morrow.
Mr.. JOHNSON moved that the report of the
Board of Examiners claims and other mat
ters be ordered prin.edthe usual number OF copies
Adopted.
SECOND READING OF BILLS.
The following bills were read a second time ami
disposed of as given below:
S B. 42, to amend Section IVA of the Penal Code.
Laid over until Monday
s. B. 45, in relation to the killing of human beings
commonly called murder, and the punishment
thereof. Passed ON file.
=. ID.
defining what are common carriers. Ordered t.,
grossment.
s. B. 50, to amend Section 146S OF the Code of
Civil Procedure relating to the property set apart
to the use of the family. Ordered TO engrossment.
S. 3. 66, to amend Section 329 Of the Political
Code, relating to operation of statutes Ordered to
engrossIuent.
S. b. II, to amend Section 1879 of the Code Of
Civil Procedure relating to the granting OF letters
of administration. ordered to eDgrossment.
S. 3 so, to amend Section 243 of the Penal Code.
Ordered to engrossment.
S. B. IS, to repeal Section 1887 of the Code of
Civil Procedure. Indefinitely postponed.
Recess.
Senate reassembled at 11:55 A. NJ.
BALLoTIYG FOR UNITED STATES SENATOR.
Mr. DAVIS offered the following:
Resolved, That the Senate do proceed to bal.
lot for candidate for United States senator for the
term of six years, beginning March 4, 1881.
Adopted
The SECRETARY read the Act OF Congress re, ,ating
to the election CT senators OF the United States.
A message was here received from the Assembly,
requesting the Senate to meet to morrow at Il NJ in
the Assembly Chamber, in joint session with the
Assembly, and notifying the upper body that it the
Assembly, had taloted for United States Senator,
| General John F. Miller receiving majority of the
votes
NoMIvATIoN OF GENERAL JOHN +. MILLER.
Mr. SEARs-Mr President 1t affords me pleasure
TO place in nomination for the high Office of United
States Senator General John T. Miller of San Fran
cisco. He selected by the people of this State
for this Office last November as expressed in their
choice foi members of the Assembly, and the time
arrived for to Iatify their selection. The po-
stion of Senator in the highest legislative body in
this ration ought to crafty the ambition of any
man. Within the Senate chamber have assembled
the greatest minds and leading statesmen which
this country has produced. At the time when Cali
fornia was asking admission into the Union, the
United States Senate contained men who for lofty
patriotism cogent reasoning and soul-stirrng eo-
quence have never been equaed. Slavery and free
| dom were contending for advancement. W, bster,
Clay AMI Calhoun were there in all their majesty
and power. God and Nature had be-
slowed on them their choicest gifts and
| marked them as leaders their thoughts part
| Of history; their names are immortal. Their
bold advocacy of political principles precluded each
OF them from becoming President their penetrating
minds looked so far into the future that the major
ity of the people did not accept their principles
during their lifetime Another reason is that our
country possessed such diversity of climate pro-
ducts resources, in ttutions and anagonstie inter-
ess that their advanced ideas cashed with sectional
| jealousies Times and customs have changed bust
ness capacity has taken the place Of forensic elo-
| quence
We do not claim that General Miller is Webster,
Clay Calhoun. We desire to picture him in
his true light, such as stand the test when called
upon to exercise the duties OF his Cfice. He would
| not thank me to do otherwise He is
| man OF sound judgment, superior business
| talents, clear and forcibe speaker, quick
| perceptive faculties good executive ability, pure
character, brave soldier and the backbone to do
what he believes to be right. He has not been here
to intrigue for this nomination. or tipsied the mind
of any legislator into his support. His course has
been honor to himself and credit to his party
General Miller landed the shores of California in
1858, and soon after opened law office in the city
of Napa, and notified the people of that section he
was ready and willing to be retained By his energy
| and intelligence he achieved more than local repu
| tation in his profession Att time when he was
surrounded with prosperity, and hope and ambition
were more than gratified he heard the anguish OF q
mothers heart in his old home thousands of miles
| away. No dutiful son listen unheedingly to a
mothers With heart full of filial affection
/ he sacrificed business and ambition aud responded
| to her summons. He found that affairs at home
| required his presence and attention for some time
| His energetic temperament would not permit him
| to remain quiet He took active part in the cleo
tions from 1856 to 1861 in the State of Indiana He
| had the esteem and confidence If Governor Morton
| When the hoarse mutterngs of rebel cannon fired
| on Sumter resounded through the North the noble
Governor OF Indiana called her Legislature together
for the purpose OF furnishing and means to de-
| fend the nation General Miller member of
the Senate OF that State. His vote and voice we're
| freely given to aid the Government. In October,
1881 he resigned his seat in the Senate and organ.
lied the Twenty ninth Regiment of Indiana yolun-
| teers, and was appointed its Colonel Up to this
time General Miller possessed no knowledge of war
| or the Of arms. He had not even treed
coon but the latent spirit was in him. and the
| occasion TO which would bring il out
Two incidents in bis career Illustrate his executive
| ability and military genius. During the early part
of the war he was the military commander at Nash
vile. The generals in The field kept drawing his
men until he had but a small force left This made
it necessary to build Notifications around that CITY,
| He did not have the men to do the work. He saw