Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-02-09
CALIFORNIA LEGISLATURE.
TwENTY-FoURTH SESSION = THIRTY -SEy-
ENTH DAY.
SENATE.


SACRAMENTO, February s. 1881.
The Senate met in regular session at 10 A. NJ,
President Mansfield in the chair. Roll called Quo
rum present. Journal OF the last meeting read
and approved.
Mr. DAVIS said when the Senate adjourned on
the evening previous he had concluded that he
would not make any remarks upon the pending BILL
He thought that all had been said which could he
sa d in opposition to the bill and it seemed to him
that any remarks his part would be really talking
against time He was convinced that the fiat had
gone FORTH and that the bill would be passed by the
Senate. He deemed it his duty, however. to the
people whom he represented, to answer some of the
assertions which had been made The people whom
he represented had been enduring burdens which
did not belong to them alone, but which should have
rested on the shoulders of the State For years all
the profits of the business of his people had been
devoted to the protection OF themselves and the
property of the State. The pending question
broader than locality, and upon its solution depend
ed to considerable extent the prosperity, not only
OF his section, but of the entire commonwealth.
He surprised at the efforts ma9e by
Senator's to bring the question within the
domain of partisan politics Three years ago, when
the question had engaged the attention of the Legis
lature, it had no connection with politics; and the
jnitiatory steps in the matter taken by a
Democratic administration by approprating
500, 900 for department, that OF the State
Engineer One year ago the measure under dis
cussion had been considered good and a necessary
BILL He could not see how the bill had deprecated
in value in year. 1t to be expected, of course,
that the people of Yuba and Sutter counties were
in favor Of the retention of the law but in addition
to the interests OF private owners, The saliva.
ton of the navigation Of the streams Of
the State depended upon solution Of
this question. The question at issue had been
thoroughly and properly investigated by the only
men who were competent to do it and the pending
measure had been passed in accordance with their
recommendation. The speaker had no doubt but
what the plan set on foot by the State Engineer
would succeed. repeal OF the bill would be a
declaration that the State Engineer Eads and Men,
dell knew nothing about the subject They said
that the completion of the project would thou
sands and thousands Of OF valuable land to the
State which would Otherwise be destroyed The
friends of the pending bill had offered substitute
In the event OF the repeal of the debris Act He
surprised that Senators had the assurance, in the
face OF the testimony which had been adduced be-
fore the committee, to get upon the floor and con
tradict that evidence. There was no doubt that
these brush dams had witbstood the pressure of
great floods. The building OF the dams was only
small part of the work which had been done.
pkes and leyees had been built along the rivers OF
the State in accordance with the plans proposed
year ago One of the Senators who favored the
bill had set foot investigation which had cost
the State hundreds of dollars which had amounted
to nothing except to vindcate the character OF the
work of the dictatorship. Nine -tenths of the
people OF the State fthey understood the question:
would be opposed to the repeal measure. The
speaker Concluded by saying that if the Senator'S
wished to preserve their reputation for statesman
ship and wisdem, it behooved them to let the de-
bris Act stand where it was.
Mr. SEARS said that the Senator who had just taken
his seat had spent about half hour IN defending
the Drainage Commission when there was not the
color of a charge against them. This weuld natu-
rally lead to the inference that there was some fire
behind all this smoke. The only successful system
of drainage which the Drainage Commission had
carried out to drain the treasury of the State
of about half million of dollars. To that extent the
drainage system had been a success Last year the
speaker had been willing to take the advice OF the
O.. bod, h.a bad had fha
cusion that the debris scheme had worked injury
to the State and consequently was in favor of its
stoppage. He recognized the magnitude of the
damage which had stretched over these valleys and
was willing to give such remedy as he believed
would bring relief He was satisfied, however that
no benefit had been derived from the bill. Last year
he had thought it the auty OF the State to try
the experiment, and then call upon the General
Government in the interest of commerce to cary it
out to successful completion. He recog
nized the fact that the money expended
by the bill was loss, and the sooner
it was charged to the profit and loss account the
better it would be for the State. Previous TO the
visit of the Legislature to the DAM so conflicting
had been the statements that they did not know
whether it was forty feet or four feet high but since
that visit all impartial legislators agreed in the con-
cusion that the scheme Of brush dam was a failure
Even the farmers in the vicinity Of the works said
that they were the laughing stock Of the people,
and he had been informed by hydraulic miners Of
Nevada county that the system Of brush dams was
failure A glance from the dome OF the Capitol
at the OF water, extending from noun
tain to mountain over the valley, was
sufficient evidence Of the failure of the
dams He had attentively followed Senator Cheney
in his arguments, had accompanied him to the Po
and the Arno, and had travelled with him over the
mountains on mules and snowsboes, and had no.
ticed that the farther ne had wandered from the
seat of operations the more eloquent he became.
He would remind the Senator however, that they
had to deal with to-day the views of California and
not with the past and with distant countries. The
Cd hat fba of
one which had been conceived subsequent TO the pas
sage Of the debris Act. He read from the report
of the State Engineer to substantiate this
view of the case The Senator proceeded to
give a detailed description Of the result
of his observation during his visit to the dam, and
deduced therefrom that it was the opposite of a
success He illustrated his argument with pointed
and amusing anecdotes, and reviewed the pro-
press which had been made by the Drainage Com
mission since its appointment giving the amount OF
taxes raised for the furtheruce OF the scheme, and
directing attention to the fact that most of the
counties in the district were delinquent. He also
censured the Commission for having expended a
larger amount than that derived from the tax, thus
| violating their oath and the statute under which
! they were created. He borrowed Senator Cheneys
| illustration Of the infant mounting into the
| giant and said that an infant which would
cost $500 900 would be vastly too expensive when il
had become a giant. He said that he had estimated
from the calculation of the State Engineer that the
Bea- river dam would be filled with slickens in 80
DAYS. The object of the miners in advocating the
debris Act was because it would postpone their day
| IN Court. He quoted from the RECORD UNION OF
ugHst 80 1880, to show that Senator Johnson had,
while in the AZ semby, obtained for Sacramento ap-
propratons aggregating 1929, ,0S6, and yet Senator
| johnson complained that Sacramento had been
ignored. The Senator concluded by saying that the
other House was waiting for testimony, and called
upon his brother Senators to set them good ex-
ample by repeating the Act and sendng it into the
| As emily, that it might pronounce judgment
upon it.
Mr.. CHENEY replied to the reference made by Mr.
Sears to his trips on shoes by detailing his first
experience in that kind of ocomotion and insti-
tuting comparison between his own frantic at
tempts to keep his snow-shoeS from gong in oppo
site directions and the effort made by Mr. Sears to
reconcile his conflicting course thsiyear and last,
relative to Senate Bill 27.
Mr.. NEUMASN announced his intention of voting
for the bil but acknowledged, in the course OF a
brief speech, that he would do not from
the conviction that such the right course
to pursue, but because his constituents
did not desire to pay any more taxes
for the furtherance of the debris scheme. He SAID
he had listened with admiration to the argu-
ulents that had been used, and while there was
merit in most of them, so far as points were con-
cerped, he thought none had made any except SEN
ators Hill and Watson. So far as his judgment was
concerned, he thought he wrong in casting
vote for the repeal Of the bill. There had been
nothing offered by those who opposed it, by way Of
a substitute or by way of remedial legislation, and
he doubted in spite OF the grand and eloquent
and pointed argument of the Senator from Mon
terey, that the repeal would be beneficial
The Senator from Marin needed no excuse for voting
as he did on this question, and he thought that he
would have done better If he had not lost himself in
the debris OF scientific explanations. The speaker
related an anecdate of Senator Nye of Nevada,
illustrating Mr.. Searss position He said that Mr.
Parks had been rudely, vulgarly, and in cowardy
manner insulted on the floor of the Senate. He
had heard the testimony relative to the Drainage
Commission elected by the Irrigation Committee
and the rumors of malfeasance in Office which had
been dimy alluded to by Senator Glascock had not
been sustained.
Mr. WENDELL commenced speech in favor of the
bin, but ere he had proceeded far in his remarks
the President declared a recess.
Afternoon Session.
The Senate reassembled at 2P. NJ, President pro
tenn. johnson in the chair.
Mr.. ZUcK informed che Senate that he had ascer-
tanned that ti.sre was not sufficient money in the
contingent fund for the weeks payroll. He accord
ingly asked permission to introduce the following
bill out OF order
An Act to provide contingent fund for the Legs
lature.
On motion of the author Of tae BILL It vas ordered
on file.
Mr. WENDELL moved that all special orders be con-
tinued 10 the same hours to morrow. Carried.
Mr.. WENDELL. resumed his interrupted argument.
He reviewed the operations which had been con-
Quoted by the Drainage Commission since the pas
sage Of the Act sought to be repealed and stamped
them as failure. He read data relative to the
amounts which had been derived under the debris
law from the State at large and from the different
counties comprising Drainage Dis rict No. /. He
quoted from the reports of the engineers and com
mented thereon. He read the report Of the Com
mission in critical way, and drew attention to
the fact that while they had itenized the expendi
lures Of the State Engineers Office they deemed 1t
unnecessary to account for the various items of
expense in the construction of dams and levees but