Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-04-29
CALIFORNIA LEGISLATURE.
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SENATE.
SACRAMENTO. Apr,l Is. 1881

SENATE.
SACRAMENTO, April Is, 1881.
The Senate was called to order at 10 o'clock Presi
dent Mansfield in the chair. Roll called and a
quorum present Minutes read, corrected and ap-
pr.ved.
A message was received from the Assembly noti-
flying the Senate of the passage of Senate deficiency
bills, and Senate concurrent resolution in reference
to Massel Slough settlers
A. B. 10 was read third time and was placed on
its passage.
MIR JOHNSON moved to reccmmt the bill to a
select committee, with instructions to strike the
passed Yesterday.
Mr.. SEARS raised point o: order that it is not
competent at this time TO repeal the amendment.
The President decided the point not we taken.
Mr.. JOHNSON said he desired to call attention 70
some of the arguments presented, and hop>d the
matter would be discussed dispassionately and dis
carlng all appeals to passion and prejudice, decide
the question solely upon the necessities under the
laws now in existence. Three points were made
denuncistion of the Debris Act, unconstitutioaaity
of the Debris Act and the of the
tax levy, unless the amendment should stand. The
first proposition merits reply. The loudest de-
nuncIators were the loudest for its passage one
year ago. On the second proposition, the Debris
Act is on the statute books and we have
nothing to do with it, as it only he done away
with by repeal Mr.. Wendell, in his argument on
provided fer by Act of the Legislature, and this
Is parallel case. One Senator seems anxious o
appeal case now pending in the Supreme Court, in
which he is the attorney, to this Senate He should
leave it 10 the Supreme Court, where he has taken
il. On the third proposition, not single authority
quoted yesterday sustains the position that this
levy, without the amendment, would be unconst tu-
tional for all decide that where legal can be sep
arated from an illegal tax the legal tax is not sect
ed The tax will not be levied until september 10TH
and there is plenty Of time to secure decision, for
there will be two terms of the Supreme Court be-
fore that time certified copy Of proceedings Of
the Board OF Equalization for last year shows that
the levy under the Debris Act segre-
gated. and the State tax levied for
only 50 cents, ,3while the Legislature in the
Act itself levied TIE debris tax. If, then, this
amendment is so unnecessary we must look to other
motives for its passage one OF which is the virtual
repeal of the debris Act in this indirect manner.
The effort to thus load down the levy bill is
utionary and unnecessary and should be voted
down.
The question was favored by Senators CHASE and
CsENEY, and opposed by Mr.. WENDELL when Mr..
JoHSsio ION moved to refer the bill to the Judiciary
Committee, with instructions to report tomorrow
morning on the coustitutionalty of the amendment.
Senato CoNGER, SEARS and ZUCk opposed the
proposition and Mr. WATsoi favored.
Mr.. WEST took the floor in favor Of the motion to
recommit. when, at 1870, the PRESIDENT declared q
recess until o'clock.
Afternoon Session.
The Senate reassembled at o'clock President
Mansfield in the chair.
Mr.. DAVIS rose to question Of privilege, and
called attention to the report OF yesterdays proceed
ings in the San Francisco E1aIaincT, in which he
was accused OF stating that an assertion made by
Mr.. Sears was false. He claimed there no occa-
sion for ouch d remark, and that ne made no such
remark Mr.. SEARS confirmed the statement.
Mr.. ESos also called attention to reference to
him in said report, and pronounced the same an un-
qualified lie.
Mr. WEST concluded his remarks and was followed
on the same side by Senators CHENEY, NEUMANN
DICKINSON, LAMPsoN, RYAN, NYE, DAVIS and JOHN
son, and by RowELL KANE, CoNGER, HILL, SATTER-
WHITE, PAtDEE and FNos in opposition.
Mr.. GEoRGE, in favor of recommitting, said |
would not have said anything on this occasion only
for the surs and innuendoes thrown out by the Sen
ator from Monterey, who has assaled every Senator
who votes different from him with merccnary mo-
tives. He says the people, and especially the peo
pie whom he met after ne left here, were disgusted
at the result of our last sessions action on the
debris scheme that they impatient and dissatis
fed with action. lie asked several Senators
yesterday, 90 How would you meet your coDstitu-
ency on your return home with your lite old car
pet sack labelled Siiekens." wish to say to you
that return the people met me with out
stretched arms TO welcome me. They awaited my
arrival at the depot in masses and welcomed me
home. don't know that did anything to entitle
me t. such reception. | not aware that my
course earned any such Treatment, but did my
duty During the entire session | have voted on
every occasion against the introduction and action
on every resolution and matter that has been pre-
sented 20 us, which | thought outside the Gov
ernors call, against every question which thought
irrelevant to the matters which we were required
to consider / have voted against this amendment
and shall now vote in favor of reference because
believe it to be contrary to precedent, contrary
rac:ce contrary to law, contrary to the best inter
ests of the people for whose benefit it procured
believe it an indirect, underliauded, unfair method
of trying to accomplish under cover OF your power,
hee1uSp o Dgcan q a
majority to do so, what cannot be accomplished by
legal means | have, during my course here, en-
deavored to use my Judgment. my limited knowl-
edge my experience in casting my vote, not infiu-
enced by any narrow prejudice, but so as to be Of
the most good. | hoped on my return here to
enjoy season CT comparative repose and rest. l
thought the matter of shckens was for tie present
at least, settled, and that would have season of
enacting such laws would help to retrieve our lost
names, and yet redeem ourselves but, to my utter
disgust and contempt, nearly the first Shrek was
slickens slickens and SO it has been kept up
local prejudices and petty strifes, to use the
mainder OF time here in enacting such laws and
transacting such business will be Leneficia to
our constituents and our State.
The question recurring the motion to recon-
NIT to the Judiciary Committee the motion was lost
by vote OF u TO 25.
On the motion to recommit to a select committee,
the vote was as follows
Wis, Dickinson, George, johnson, Lampson, Neu-
mann, Nye, Ryan, Watson, West-15.
Noes-Anderson Baker, Conger, Enos, Glascock,
German, Harlan, Hill, Hudson, Johnston, Kane,
Kelly Morelanj, Nelson, Pariee Pool, Rosell, Sat
terwhite Sears, Wendell, Zuck-21.
Senators Carlock an Traylor, who would have
voted aye, were paired with IIttell and Langford,
voting no.
Mr GEORGE moved to recommit the bill to select
committee with instructions to insert provision to
prevent the levy of the district and water tax under
the Drainage Act.
The President decided the motion out of order,
and on appeal the Chair sustained.
The bill was then passed by vote o 20 to u.
Mr. JOHNSON moved to amend the title by adding
and to repeal that portion of the Act to Promote
Drainage approved April 2S, 1850, which provides
for a levy of one-twentieth of l per cent. for the
purposes of said Act" Lost.
Mr. JOHNSON, having CHARGED his vote ON the
passage of the bill fer the purpose gave notice OF
motion to reconsider the vote by which a. b. 10
passed.
Mr. JOHNSON moved TO amend the title by adding
" and to define the duties of the State Board of
Equalization Lost ..,
MFR. NyE moved to amend the title by adding
and to suspend during said fiscal years the provi-
sions of Section "a OF the Act to Promote Drain
ace >" Lost by a vote of Is to p.
At 5.25. on motion of Mr. ENos, the Senate ad-