Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-04-21
CALIFORNIA LEGISLATURE.
FIRST EXTRA SESSION SEVENTEENTH DAY
SENATE.

SENAtE.
SACRAMENTO, Auril 20, 1881
The Senate was called to order at 10 o'clock
President pro TEN. Johnston in the chair Roll
called and quorum present. Minutes read and
approved.
Mr. PARDsE, from the majority o: the Finance
Committee. reported back A. B. S-generai appro-
priation bill-with amendments, and recommended
its passage as amended Referred to the general
file.
Mr.. JOHNSON suggested that the amendments
should be printed.
Mr.. WENDELL. on behalf of minority of the
judiciary Committee, presented a voluminouS re-
port in refer nee to the State Engineer question,
claiming that by the Act of March %, 1875 under
which the present acting officer was appointed the
term OF office was fixed at two years from the lst of
May, 1878 and for two years only, instead of four
years. is the term of other State officers and in
that Act no provision made for the appointment
of successor Besides there no time fixed for
the services Of the Consulting Engineers but as the
Engineer was required to make monthly reports to
the Governor of. certIin work performed by him.
and full report the 1st of January 1880 to the
Legislature, and the Consulting Engineers were re-
qured to join in the final report the inference was
that the report to the Legislature was the final re-
port. This report the Legislature of Is four
months before the expiration of the two years term
in which to decide whether continue the office or
not The Legislature did not pass any law con-
tinuing the office, and the title of the bill did not
show that the original Ac. was for the purpose of
creating a office, nor did the Act provide for
the person to be appointed under it holding office
until successor was appointed, therefore the LIST
of May, $780, the Office ceased to exist The inten.
ton of the Act evidently to obtain certain in
formation to be acted on by the subsequent Leg is
lature and was not intended a permanent pro-
vision.
Mr.. JOHNSON, in accordance with notice given
moved to reconsider the vote by which S. b. l2-
deficiency for bookkeeper to Secretary of State
failed to pass. The motion favored by Senators
JOHNSON, BAKER, DAVIS, CHASE and WENDELL, all
taking the position that the statutes having fixed
the salary, the Senate was bound to provide the
means for paying the same Senators HILL and
NYE opposed the motion on the ground that it was
in conflict with the provisions Of the Constitution
The roll was called and the motion prevailed by a
vote OF "a to Ii, and the bill passed by vote
of % to l3.
Mr.. JOHNSON moved to reconsider the vote by
which S. B l3 failed to pass which NO ion pre-.
vailed, and the bill passed by vote OF % to IA
Mr.. JOHNSON moved to reconsider the vote by which
S. B. % deficiency for water for State Capitol
failed to pass. The motion prevailed, and on mo-
tion the bill was recommitted to the Finance Com
mittee, with instructions to insert 5000 in place of
S400.
The communication OF the Governor announcing
the appointment OF Trustees for the California State
Miners Hospital and Asylum was taken up and the
appointments concurred in.
A message from the Assembly was read announc-
ing concurrence in the amendments to A B. Il tex
penses Of extra session.
On motion of Mr.. DICKINSON the Senate took up
A. &. general appropriation biiD on its second
reading.
Mr. WEST offered resolution referring certain
portions of the bill to the Judiciary Committee
Mr.. BAKER moved to lay the resolution on the
table. Lost by vote OF Is to 90. Mr.. BAKgR
moved to amend by instructing the committee to
report at O'Clock this afternoon. Lost. Senators
WEST, KANE and PARDEg favored the resolution,
while tlessrs JOHNSON, 1RAYLoR, HITTELL, BAKER
and CoAGER were opposed, on the ground that all
but two of the Judiciary Committee on the
Finance Committee, and n new light would be
thrown the question. The resolution was de-
feated by q vote OF 10 to "a.
Mr.. GEORGE, from the Engrossiug Committee, re
ported back B. % as correctly engrossed and the
bill was ordered printed.
On the appropriation bill the following amend
ments were adopted: The salary of Clerk of the
Supreme Court was reduced $780, the salary of the
clerk of the Insurance Commissioner was reduced
$500.
At 1890 the President declared recess until ,
o'clock.
Afternoon Session.
The Senate reassembed at 2 o'clock President pro
TEN. Johnston in the chair.
S. B. l6 deficiency for the expenses of the Su-
preme Court-was passed on file.
The consideration of A. B. was resumed and
the item for contingent expenses in the office of In
surance Commissioner reduced from 25 900 to
s., 500.
On the item for the construction of water reser-
voirs for the Napa Insane Asylum, the committee
had taken the position that this and similar appro-
institutions, and therefore had stricken them all
out in conflict with the provisions of the Consti-
tuition.
Mr.. LANPsoN stated that the supply of water
at the Napa Asylum very short, even for the
ordinary of the institution and at present there
was absolutely supply for III case of fire, and
therefore this appropriation necessarily for the
running expenses Of the institution.
Senators ANDERSON, JOHNSON, BAKER, GoRHAM,
CHASE, ESos and HTrrELL took substantially the
same position, claiming that these appropriations
were in all respects within the puryiew o, the Con-
stituton and strictly within the proclamation of the
Governor.
On the question of concurring in the recOmmen-
dation of the committee the roll called and the
Senate refused to concur by vote OF II TO 25
The recommendation of the committee on the item
for inclosing bay windows and stoves in the asylum
concurred in and the item stricken out
At SOP Mr. ENos moved to adjourn. Lost by
vote OF y to 81.
The commi tees recommendation to strike out
the item for purchase of magic lanterns, ETC. for
the asylum was concuIred in and the item stricken
out.
At $40, on motion of Mr. DAVIS, the Senate ad-
journed until 10 O'Clock tomorrow morning.