Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-02-10
DiSEF a o ss e-F'Fses~ ssE7vs
- Ufz 2ls as8EEz I48.


the roll was called on Edwards motion, with the
following result
Ayes-Aiyiso, BirneY, Bost, Branch, Burns. Cam
ron Crank Crumptnn Cunnir CHAM Del Vale
Edwards, EsteY, Garrity, Cavigan. Griifi.b Hart,
son, Hendricks, Hnshqw Holden, Il. ward. XII
burn, Lane, Leach, Leake, Mason, Matthews OF san
Benito, McCaLion, Me&urray. Murphy, Patterson
OF san joaquin, Paulk, Pinder, Platt Reynolds
Samues, rgeut Sebe Streetert Wasoa OF Ven
tuIa, Wenz, Whippe-41.
Noes-Arick, Baker Of Sacramento Brown Chan
der, Coleman, Daggett. Felton, Fraser Freer, Cay
Geary, Gilmore, Hale, Hoitt, Jackson, Jones, keat-
ing, Kellogg, Lewis, Long, Nav McDonsld Men
Mudgett, NO0nan, OCOnnor Paterson OF Nevada
Reddick. Swift, VaD Fleet, Warkins Wassou Of
Mono, Wertsbaugher, Wood, Young, Mr. Speaker
Failing to receive the requisite o-thirds vote,
the SPEAKER declared the otion to be lost
Mr.. C4NRoN appealed fr m the decision OF the
Chair.
Mr.. PAuLK supported the appeal, claiming that a
majority vote sufficient TO consider ont Of its
ord any bill cn the fle
The SPEAKER explained that the bill was not yet
ON the file, and could only be considered by two
thirds vote
Mr.. KELLOGG said that the Speaker in referring
the bill To standing committee, had followed both
the rule and custom OF the House. and that his de-
cisiou was undoubtedly correct. The rules could
not be suspended deyated from excep. by a two
thirds vote. Members should not allow prejudice
TO warp their better judgment If Democrats estab-
lished such dangerous precedent all their rights
would be forfeited
Mr.. DEL VALE said that, although deeply in
terested in the result OF the vote, he was CON-
PEELED to admit that the ruling Of the Speaker
was correct, and that bill could not be put on
the file except by two thirds vote
Mr.. CANRoN, perceiving how fmpolitic had been
his action withdrew the appeal and moved to re-
fer the bill to the Committee on Irrigation with
instructions to report it back TO morrow
A viva yoce vote was taken and the Chair de-
cided the motion TO be lost.
Ir. BURNS demanded division.
Mr. YOTNu Objected saving that xaa t,o late
after the Chair had announced his decision
Mr.. REYNOLDS said that he had called Tor tlecis
ion before the result OF tie vote announced,
but presumed that the Chair had not heard him
The SPEAKER said that il Mr. Young would with
draw his objection he would grant divis on, but
ii not, he could not do under all parliamentary
law
Mr.. YouSG reluctantly waived his objection tho
ayes and noes were demanded, and the motion was
carried By the following vote
Ayes-Alyiso, Baker OF Sacramento Birney Burt,
Branch Burns Camron, Coleman, Crank, Crump-
ton, Cunnsgha Del Vale, Edwards, Estey Eel
ton, Fraser, Garrity, Gavigan, Griffith, Harrison,
Hendrick. Hnshaw, Holden Howard Jones' XII
burn, Lane, Leach Leake Mason, Matthews Of san
Benito McNurray. Murphy, Patterson Of San Joa.
quin, Paulk, Pindar, Platt, Reynolds Samuels Sar-
gent Siebe, Streeter, Wason of Ventura, Wentz
Whipple-4j
Noes-Arick. Brown, Chandler, Daegett. Freer
Gay Geary, Gilmore, Hale, Hoitt jackson. Heating,
Kellogg, Lewis, Long, May, MeCalliou Mcdonald
Mem, Mudgett, Noonsn, OConuOr, Patterson OF
Nevada, hGlGlek SNlt, ElGEb, NFarklIs. N2Sspl
OF Mono, Werstbaugher, Wood, Young and Mr.
Speaker-32.
The contest being sl,.s settled for time at least
the excitement which had been pervadng the z1em-
bers and extending 20 the lobby crowded with
spect .tofs subsidized, the journal was read and ap-
proved, and at hanpast u o'clock the House took
recess
Afternoon sessiOD.
Re3ssembled at 2 z. II.
Mr.. FEEER presented petition from citizens Of
Butte county against the repeal OF the Act 70 pro-
mote drainage. Irrigation.
Mir. FELTON, presented petition from citizens and
taxpayers Of San MateO county asking for the re-
peal of the Act to promote drainage Irrigation.
Mr. HOLDEN presented petition from citizens Of
GendOcinO county protesting against the passage of
Assembly bills relative to reduction in the rates
Cha ged by telegraph companies. Corporations
The Committee on Engrossment reported the cor
rect engrossment OF A G. r. u, and A. Bs 81, 207,
III I76, 1913, %, us, $50, 1885, l35 aud l45.
The Committee on Enrolment reported that A c.
r. and II had been correctly enrolled and pre-
sented to the Governor for his approval.
The Committee on Commerce and Navigation re-
ported back 4. B. l27 amendatOry Of an Act de-
claring lslais creek in san Francisco DaviCaDic
stream, with substitute, recommending that the
substitute do pass A minority recommended that
il do not pass
The Committee on Attaches and Employees re.
ported in favor of the adoption Of 4 resolution
allowing clerk to the Committee on Municipal
Corporations. Adopted
Ine Committee on Rules reported adversely or
FeSOQU on changing Jille q meeting from Il
10 o'clock 4. NJ The Recommendation II the COM
mttee was adopted, and the resolution was rejected
The Judiciary Committee reported back A. b. 256,
amendatOry OF an act to authorize Chico School
District to issue bonds for building purposts recon-
mendng that il be Withdrawn by its author 4. 3.
4c6 amendatGrv of the Civil Code relative to the
PRIORITY OF grants Of real property ever liens there
on, recommending that it do pass ~ B. 40S, 20
amend Section $50 Of the Penal Code. relating 70
gaming, recommending that il do not pass :. E.
Al, amendatory Of Sectors 1922 and 1923 Of the
Code OF Civil Procedure, in regard to sales Of p-r-
sOnal property Of deceased persons, recommending
that it Go not pass A 3. 43S, amend aorv Of Sec
toa 529 OF the Code of Civil Procedure relative TO
security upon lnjUnCti1ns, recommending that it do
pass A. B. H. TO amend Section los of the Code of
Civil Procedure, relative TO Justices Courts and 4
b. SO and 234 relative to justices Courts with .
substitute, recommending the adoption Of the sub
stitu.e Also. returning several petitions without
recommendation. The committee also returned or.
swers to the following sterrOgatories
Questou-Can the power 10 form new counties he
delegated by the Legislature, or must il be cNer-
cised by the Legislature directly Ausver-N0
the power cannot be delegated, bat must be eNer-
cised directly.
Q-Mast not new counties be formed BY special
laws without being submitted TO the people local
Authorities Of the territory ia be affected thereby?
Anew counties must be formed by special lavs
such laws may or may not contain provision that
they shall take effect only upon ratification by vote
Of the people affected thereby.
Mr. CRANR by permission, reintroduced A E.
2S0 to create the county of Orange, etc. and the
bi 3 was ordered to take its position on the file.
The Committee on Water Rights and Drainage re-
turned suudrv petitions for and against the repeal
of the debris Act, and recommended the adoption Of
two resolutions for the payment OF the shorthand
reporters and witnesses in the debris investigation
which were referred TO the Committee on Attaches
and Contingent Expenses The committee also re-
ported back c. +. T. relative to mining debris and
channel distractions. recommending Us adoption.
The resolution was adopted.
The Committee on Claims reported back A e.
4S7. recommending that it do pass A B. 25l rela-
tive to the claim Of Francis Williams j. r. NcDon-
aid and Henry De Neuve, without recommendation
A B. 443 TO authorize the payment OF deficiency IN
salary OF A. Patty, County Assessor Of Amad0r
county, recommending that it do not pass A. B.
$50, relative TO the claim Of =. T. Morris, recon-
mending that it DO not pass, :. T. i$9, relative to
payment OF deficiencies in appropriation for pro
curing and listing lands 70 The STATE b. the United
States recommending that it do not pass.
The Committee Public Printing reported back
). B. 1859, recommending that IT do pass.
The Committee on Public Lands reported back
S c. X J. relative 10 the sale Of public lands. re-
commencing that it be adopted. So ordered.
Also A. =. 3l4, relative 10 the sale Of tide lands
belonging TO the State, recommending that it do not
pass. A b. 4l3, relative TO the establishment Of
meridian lines in counties Of the State by the
Boards Of Supervisors of said counties recommend
ing that 1t do pass as amended. A. B. 252, for the
relief VI INDICATED school land warrants, recon-
mendiug that 1t do pass A. J. 427, relative to the
adjustment between the United States and the State
OF California al school land business, recommending
that il do pass.
The Committee on Public Buildings and Grounds
reported back S. b. -, relative TO the permanent
improvement OF the State Capitol grounds, recon-
mending that ii do pass as amended
The Committee Pubhc Morals reported back
A. B. AL to prevent the discharge OF firearms in
places OF public resort recommending that It do
pass as amended A. B. 42S TO provide for and en-
force the employment of prisoners in county iails
upon public streets, etc, recommending that il do
pass ; "A. B. 362, to repeal Act to prohibit the
collection OF accounts for liquors sold az retail re-
commencing that it do not pass.
Mr. NAY moved that the vote by which the House
refused passage a e. S4 relative 70 the Board of
Bank Commissioners, be reconsdered, and that the
consideration of said bill be made the special order
for tomorrow at Pm.
Mr. KELLOGG moved TO lay the motion on the
table Lost-ayes 50, noes 40.
The orig nal motion then earried-ayes 40,
noes 81.
A report was read from the Secretary of State
showing the amount OF postage stamps drawn by
each member, aggregatng $500.
Mr.. LEACH, by assent, offered resolution author
izing the deduction of the respective from the
last weeks salaries of members Adopted
Mr.. LANE gave notice that he would to morrow
offer an amendment to Rule l.
The following bills were introduced ard referred
By Mr.. HoiTT-To enable the Board OF Supervisors,
other legislative bodies Of any city and county
city or town IN the State OF California 70 fix the
standard illuminating power, and the price OF gas.
Corporations.
By Mr MAY-To appropriate money to supply
deficiency in the contingent fund Of the Assembly.
Ordered 10 be printed and TO be put at the top Of
the file under 4 suspension of the rules
By Mr. JoSEs--To prevent the malicious prosecu-
ton Of any state, county, township or municipal
officers OF the State. Judiciary.
Also, an Act amendatory Of Section Of the
Do ss4a~ HW