Sacramento daily record-union., 1881-02-16


The Committee on Education reported back A. B.
462 for the relief of schools in flooded districts re-
commencing that it do not pass E. B. 241, for the
establishment of Normal School at Redding, Shasta
county, recommending that it do pass.
The Committee on Swamp and 0verfiowed Lands
reported back a B. 49S, to facilitate the egualiza-
ton OF assessments in reclamation districts recon-
mending that it do pass as amended.
The Committee ON County Governments reported
back A b. 467 to authorize the several counties OF
the State to erect monuments in honor of the de-
ceased soldiers and sailors who pershed in the civil
war, recommending that it do pass as amended.
The Committee on Enrolment reported the cor
rect enrolment of A. c. Il. 90
The Judiciary Committee reported back A. 3.
1856 to amend the Civil Code relative to cemetery
corporations, recommending that it do pass
as amended; S. q. 237, amendatory OF the Code
of Civil Procedure, relative to the compensation
of administrators and executors, recommending
that it do pass amended A. B. 435, amendatory
of the Code of Civil Procedure relative to the post
ponement of trials, recommending that it do not
pass A. B. 49, to amend Section 442 of the Code
OF Civil Procedure, relative to cross complaints,
recommendin that it do not pass; A B. 49, to
amend the Political Code relative to the duties of
Assessors recommending that it do pass as amended
A. B. 44G, to amend the Civil Code, relative to
mortgages Of real property, recommending that it
do not pass A. B. 4i7, to amend the Political Code
relative to duties of Recorders, recommending
that it do not pass A. B. AS, to amend the Civil
Code relating to transfer Of real property, recon-
mending that it do not pass s b. 2O6, to amend
Section l16l OF the Code of Civil Procedure, relative
TO summary proceedings for obtaining possession OF
real estate, recommending that it do pass
amended S. B. $50, to amend an Act for the relief
of insolvent debtors, etc. recommending that it do
not pass A. b. Az, to amend the Code OF Civil
Procedure relative to waiver of trial by jury recon-
mending that it do not pass A. B. 430, to encour
age the apprehension of criminals, recommending
that it do pass A. B. 432, ameudatorY of the Penal
Cole, recommending that it do pass A B.
40, to prevent the malicious prosecution of
State, county, township municipal
officers, recommending that it do not pass
A. b. 434, to amend Section 474 of the Code of
Civil Procedure, recommending that it do not pass
A. B. 442, prescribing the residence and duties of
Superior Judges, etc. recommending that it do not
pass A. B. 449, to amend the Political Code, rela
tive to the destruction of levees or reclamation
works, recommending that it do pass; A. b. 440,
amend tory of the Penal Code recommending that
it do not pass A. B. 46S, to alleged defects in
the proceedings OF authorities relative to public
wo' KS recommending that IT do not pass a. b. 400,
relative to the Attorney and Counselor OF the city of
San Francisco, recommending that it do not pass
A. B. 49, authorzi g suits to be brought against
the State in certain cases, recommending that it do
pass A. B. 423, ito amend the Civil Code relative
to the proof and acknowledgement of instruments,
recommending that it do not pass a. b. 419, TO
amend Section 465 OF the Code of Civil Procedure,
recommending that it do not pass: A. p. AIS, TO
amend Section 545 ofstae Code of Civil Procedure,
recommending that it do pass A. B. 463 relative to
the reincorporation Of Sacramento, as to confer
further po upon the Board of Trustees, recon-
mending that it do pass; a. s. H. t. regulate the
erection and construction OF public buildings, rec
ommending that it do not pass.
The following bills were introduced and referred
By Mr. CHANDLER-To amend Section $50 of the
Code OF Civil Procedure relating TO parties to ac-
tions. Jud ciary.
By MIR HowARD-To prohibit the killing OF do
mestic animals on the first day of the week, and to
preevnt the sale and delivery OF meat ON that day.
Judiciary.
BY Mr.. PISDAR To amend the Civil Code relative
straaf railroad pOrOOratiOnS C0rDOratiOnS
The Committee on Culture and Improvement of
the Grape Vine and Fruit Trees, by consent
ported back A. ]. l, with substitute recon-
mending that theIsubstitute do pass.
Mr.. MAY renewed his motion of the preceding day
to take up and consider out of its order the general
appropriation bill. Lost-ayes 40, noes Ga two
thirds vote being requisite to carry the motion
The bills on the third reading file were next con-
sidered.
A. B. 2l5, to amend Sections S94 and 39s of the
Code of Civil Procedure, relating to the place of
trial of civil actions, was read and finally passed
without dissenting vote.
A. B. 19i, to provide for the publication of notices
lin law journals), was read debated and passed
ayes 45, noes 81.
Mr.. MAY gave notice of motion for reconsidera.
tion
A. B. IS, to amend Section 10S5 of the Code of
Civil Procedure and to add section, to be
known as Section 109S, relating to the writ of
date, was refused passage-ayes %, noes AZ.
Mr.. MCCLURE gave notice that he would move to
reconsider the vote tomorrow.
Recess.
Afternoon Session.
Reassem5led at o'clock p VI.
8 b. - 70 provide for the appointment OF
Deputy Supreme Court Reporter d to regulate lis
compensation, read the third time
Mr.. MCDONALD moved for its indefinite postpone
ment. Lost.
The bill was then passed-ayes 60, noes 5.
The motion of Mr. MCCLURE for a reconsideration
of the vote by which s. &. 50, relating to property
set apart for the use of the family, was refused
second reading, was cIIred by viva voce vote. The
biTi was then read and ordered engrossed and to
third reading.
Mr. MAY moved to suspend the rules and take up
and consider A. Il. 51S, to provide for a deficiency
in the contingent fund of the Assembly, stating that
at present there was money to pay the attaches.
Mr. MEDALLION moved to lay the motion on the
table, Lost-ayes 20, noes is.
Mr. MAYS motion then prevailed, by vote of 64
ayes to noes.
The bill was next read the second time, ordered
engrossed and to third reading and directed to be
put at the top the file for tomorrow.
Mr. MCCLURE offered a resolution relative to the
payment of the mail, which was read and referred
to the Committee on Attaches, Employees and Con-
tins ent Expenses.
The special order for the hour, Jackson's substi-
tute for A. b. 50, to amend Section 1888 OF the PO
itical Code and to provide that work upon the pub
lie buildings of this State, and of every city,
county, and city and county, within this State, shall
be done by day labor, and under the supervision of
a Superintendent, or officer ha' ing charge OF the
same was considered, and under call for the pre-
vious question was finally passed by the following
vote:
Ayes-Arick, Baker of Yoo, Birney, Bost, Branch,
Brown, Burns, Cunningham, Daggett, Del Vale,
Fraser, Freer. Garrity, Gayigan, Geary. Gilmore,
Griffith, Holden, Howard, Jackson, Keating. Kel-
logg,. Lane. Leake, Long, Mathews of Tehama,
MeMurray. Mein, Mudgett, Noonan, Paterson OF
Nevada, Pinder, Platt Siebe, Swift, Wasson of
Mono, Whippe, Wood-42.
Noes-Alviso, Camron, Chandler Crank, Edwards,
let, Fol Cav Nlri, HIT
Jones, Kilburn, Leach, Lewis, Mason, Mcclure,
Murphy Patterson of San Joaquin Pauk Reddick
Sargent, Streeter, Van Fleet, Warkins, Wason of
Ventura, Wenz, Wertsbaugher, Mr. Speaker-29.
Mr.. MAY gave notice Of a motion to reconsider.
The following bills were introduced by consent:
BY Mr. BAKER of Yolo- Providing for the pay
ment of the claim of Mr.. Sanders. Claims.
By Mr.. MAY To appropriate the sum of s25.0O0
for the purchase of stauary for the State Capitol
Public Buildings and Grounds.
Third reading file resumed:
S. B. Ss, to amend Section 2217 Of the Political
Code relating to the committal Of insane persons,
was passed ayes 81, no l.
S. B. 66, to amend Section 329 of the Political
Code, relating to the operation of statutes, was
passed-ayes SO. noes 4.
The Committee on Engrossment, by consent, re-
ported the correct engrossment of A. B. AIS
The file resumed:
S. B. Al, to amend Section III of the Penal Code,
in relation TO preparation, presentation and settle
ment of bills OF exceptions in criminal cases, was
passed-ayes 81, no l.
Mr.. CANRoS moved TO now proceed to the con.
sideraton of s. 3. 81 for the repeal Of the " Act to
promote drainage"
The SPEAKER ruled that it could not be considered
except under suspension OF the rules, which would
require two-thirds vote
Mr. CANRos then appealed from the decision of
the Chair saying that he did so under Rule H.
which reads as follows GAN bills reported to the
House by either standing or special commit tees
shall be placed upon general file, to be kept by
the Clerk and no bill shall be eonside ed by the
House until the regular order Of business shall have
been gone through and then bills shall be taken
from the general file and acted upon in the order in
which they reported unless otherwise specially
ordered by the House but engrossed bills shall be
placed at the head Ct the fle in the order in which
they are received. The Clerk shall post in copspic-
uous place in the chamber daily statement of the
bills on the general file, setting forth the order in
which they filed, and specifying the alterations
arising from the disposal of business each day"
Mr.. DAGGETT said that Rule So which reads as
follows "No standing rule or order of the House
shall be rescnded or changed without vote of two
thirds, and one days notice beng given Of the mo-
tion therefor but rule order may be suspended
temporarily by vote of two-thrds of the members
present, except that portion Of Rule relating to
third reading Of bills. motion or resolution pro-
posing to increase or diminish standing committee
shall not be adopted until the same has been re-
ferred to the Committee on Rules and Regulations"
the only rule applicable to the case under dis
cussion The rules could not be suspended so as TO
permit the taking up Of any bill out of its regular
order, except by a two thirds vote.
Mr. MAY said he was profoundly impressed by Mr.
Camron's profound parliamentary knowledge 1t
came near making him Speaker OF the House Still
he differed from the gentleman in the present in
stance. There was not even a Page in the House
who did not know that the bill could not be consid
cred except by two-thiYds vote