Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-05-09
CALIFORNIA LEGISLATURE.
FIRST EXTRA SESSION THIRTY -rouRrn DAY.
SENATE.

T
SACRAMENTO, May :, 1881,
The Senate convened at 10 A. NJ. Presidest
Mansfield In the chair. The roll was called and a
quorum present Minutes read and approved.
| Mr.. WENDELL rose to question OF privilege and
stated that IT appeared by the RkcoRD- UNIONS re-
port that DR.. May. Chairman of the Assembly Com
mittee Conference deni ID the truth of the reuor
OF the Senate committee, wherein it Is stated that
| the Senate committee suggested modification OF
the taxevy bill SO as to make direct levy appor.
tioning it to the different funds and that they re.
fused to accede, and stated that IL the levy was so
made they should insist upon including drainage
tax. in express terms Mr.. WENDELL said that what
occurred IN the committee upon this point was,
that after lengthy discussion upon the legal aspect
| of the bill, participated in by Senator Sears and
4 himself upon one side and Judge Hale upon the
other, they being the three lawyers upon the com.
mittee, he tWendeD said to Judge Hale: e How
would proposition like this suit you-suppose we
change the bill so as to make levy in this form
There is hereby levied for State purposes for the
fiscal year an ad valorem tax of so many cents ON
each 800 in value OF taxable property OF this State
/ to be app ed as follows: To the general fund.- so
many cents to the school fund, so many cents to
the interest and sinking fund, so many cents and
30 for next year." To this Judge Hale responded
sub -tantially that he would not consent to it. and
that il the levy was so mace he would insist on in.
cluding drainage tax co nontine. No dissent was
expressed by either of the other members OF the
| Assembly committee. They-the Senate ,mmittee
supposed and understood that he spoke fol the
committee.
| Mr. SEARS stated that he concurred in the re.
matss Of MIR. Wendell upon the subject, and said
that the expression of Judge Hale that he would
consent to the levy unless the drainage tax was
| included soB,ine, impressed itself upon his
mind, being Latin quotation familiar to all law
| yers, aud meaning by that name"
| Mr.. 1LAseecS stated that he was not present at
the time Of the conference but that Messrs Wendell
and Sears reported to him that evening the conver
| sation which was had which was substantially as
| they haye here stated.
rtul,.,,,
stated the conclusions OF the conmittee-what they
had agreed to- and said it improper for it TO go
| beyond that. He hoped the r. port would be cor
rected. Mr.. llIFrEbL hoped no change would he
made in the report. At this point the CHAIR stated
that there motion before the Senate, aud the
| matter dropped
| Mr.. JenNsoS moved that the Senate insist upon
its amendments to the tax levy BILL AMI that another
| conference committee cf five be appointed.
MIR. DICKINSON offered an amendment to the mo-
ton, that the Senate recsde from the Sears amend
meut, in relation to the levy for drainage purposes
| and insist upon the other amendments; AID that
the Assembly be requested to appoint another
mittee of conference.
| Mr. KANs said this a very important question,
| and be moved a call OF the House.
The PRESIDENT stated that several Senators were
absent from sickness, in obedience to legal
summons. Mr.. DICKINSON said he wanted full
House when a. vote taken upon the matter con-
tanned in the Sears amendment, and he therefore
Withdrew his amendment to the motion. Ayote was
taken upon the motion for call Of the House and
1t was lost.
| Mr. GIsscecI said there was deadlock between
the two houses and it would continue until one
| the other receded from its position. He was op-
] posed TO new committee OF conference being ap-
pointed upon this subject, as such action would be
in the dire tion OF falling down on the part Of the
Senate. The committee fom the other House
would be solid was perfectly useless he said, to
have any further conference.
Senator DruSIEsoN moved that the Senate recede
| from the Sears amendment. He thought if the
Senate would recede from this amendment the
Assembly would agree to the other amendments.
| Upon the other hand, if the Senate held
q deadlock upon this point for two weeks
| and thereby increased item of s22, ,0C0 more
expense, the pyramid OF economical savings TO be
| gained by the friends Of the amendment would be
| materially reduced in the eyes OF the people. He
did not think the people wished deadlock between
| the two houses. Besides, it was questionable
whether the refusal to make the approx Eration
would prevent the expenditure OF the money which
| it was sought to save as many good lawyers hold
that under the law the expenditure could be made
all the same without appropriation, either out of
the general fund, or be subsequently provided fol
| by deficiency bill. 1t is purely question OF
economy in the administration of the affairs OF the
State under the law, and he not in favor of
expenditure of $4,000 more for prolongiDg the
session. in order to attempt to save $4,000 in an
/ appropriation.
Mr. STARS believed the only manner money could
| be legally used for drainage purposes was by its
ir-t being directly appropriated for that purpose.
Mr. SErMASS asked Mr.. Sears whether he
sidered his amendment or the bill with it attached
constitutional. Mr. replied that he did, but
If the amended section would fall by itself it would
not interfere with the validity Of the remainder OF
the bill.
Mr. ZrcK moved az a substitute for all the mo-
tions before the house. that the Senate insist upon
| its amendments, and that Messrs. Satterwhte and
| Hill be added to the conference committee.
| Senator JoHSses wished to know whether the
Senator from Marin (Mr Sears) would be willing to
receds from his amendment, and rest tie matter
upon his separate bill which he proposes to offer
| to effect the same object.
| Dir. SEARS replied that the moment the Senate
| receded from the amendment and permitted the bill
to pass the subject covered and the appropria
| ton made for drainage purposes He therefore
| could not consent to such a course.
Mr.. JOHNSON cited authorities to show that the
| amendment in question unconstitutional, and
that such legislative action had been declared
He argued the subject at length, and in conclusion
asked that a vote be taken upon the motion OF Mr.
| Dickinson to recede.
| Ma. CoxGRR was in favor of standing firm by the
| amendment, and il deadlock resulted he was will
ing to abide by the consequences. He wanted full
| house when the vote was taken, and he therefore
moved to adjourn until hail. past P. NJ next Mon
| day. Ruled out oforder.
Mr.. WESDgIL argued the constitutional aspects Of
| the subject.
| Mr. WATSON called attention of TIE Senate to the
fact which he had not heard me toned, which was
| il adeadlock successfully effected by refusing
| TO recede from the ScaJs amendment, the members
could remain here month or SO longer at IS per
| day, and BY that time harvesting would be COM
l
| good job elsewhere. Laughter
| The discussion was continued by NJ ssrs. SATTER-
yBiIR KANE AMI DICEdSsoN. ! he hour of half past
II having arrived NJ. JOHNSON moved that the hour
| for recess be extended until o'clock. Carried.
| This discussion was then continued by Mr.. NEU-
MANN and others.
| Mr. JOHNSON referred to newspaper comments
uron the subject of the Sears amendment, and said
| a leading newspaper in San Francisco, which now
| strongly favors the Sears amendment, agreed
through its senior proprietor, in conversation with
the Governor oi this State, that the sckens ques-
ton ought not to into the Legislature this
extra session agreed through its senior proprietor
| that the call made did not include the debris
question: and also stated that the Governor did right
not include the subject in his call for the extra
session and now, said the speaker IS it any wor-
der that Senators speak in singing terms OF
| papers when baving once so agreed with the Gov
ternor upon this subject, this paper now strongly
and openly favors the action being taken here at
tempting to egslate upon the subject. He said he
at liberty further to state that when the subject
of calling the extra session was under consideration
| the Governor had conversation with many OF the
leading antidebris IN the State, and that they
| all advised him that the question be not included in
the pro, lamaton conveuiDg the extra session, and
the Governor emphaticaliy announces that he did
| not at any time contemplate the consideration of
| thed bris subject at this extra session. And yet
| Senators boast OF being praised by newspaper
| whose proprietor agreed with the Governor that he
right in not including this subject in the proc
| lauatioF, and that the proclamation does not in
clude the subject, and which paper then. for some
reason b. st know to Its proprietors abuses in the
| mos Indecent manner every Senator and every
| Assembymau who votes against this wicked
| measure, which IS SO illegally and indecently
| brought into the Legislature. The speaker
said, he had spoken upon the matter that
| he might set to and forever
| all this talk that the Governor intended
to include the debris subject in his proclamation,
and hereafterany or Senator who repeats that,
repeats that whi :h he knows to be false also that
tany sen tor OF Assem- 81 yman who pays any atten-
fton to the criticisms 0i the Buleta, of San Fran
cisco will do SO knowing that the senior proprieto
iiof that paper agreed with the Governor that tie
subject ought not to be included, and was not u
cluded, in the proclamation calling this extra ses-
zion.
Mr.. zgeK- Do yen speak by authority of the Gov.
ernor upon this subject
Mr.. JogSsoS-f speak IN such manner that my
Authority cannot be questioned upon this n ,arter
My Information IS very correct. The Hon. b. NJ
rms Secr, tasy Of State, who is now upon this
| fiocr, with when l received this issSorma
tion and WHO put il down in writing at the ane sc
that there eould be mistake upon the sabject
say that the article in last nights Bulleia Is un
waEfaated ana uaeaied for. 1 should not have
alluded to the natter in debate but for that wicked
editorial feel justified in saying THAI she senior
proprietor of thst paper has been guilty Of conduct
which he can undoubtedly explain, bat which Al
best lot ks il, for reason, he easd be upor
short space OF time.
The CHAR put the question upon. the motion o
Mr. Dickinson to recede from the Sesss amendment