Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-05-12

moved to lay the motion on the table. Mr.. MCCLURE
moved call of the House. md it was ordered by "a
to 80. Mr. DAeeErT moved that further proceedings
under the call be suspended. Mr. PATTERSON 81
Nevada moved to lay the motion on the table. Inc
Chair held that motion cut of order, as II wouio
tie up the House indefinitely" The roll was
called and twelve absentees were reported urtnei
proceedings under the call were then uispeiSeu
with. Mr.. MCCLURE moved for recess untii 7. NJ
Mr.. WIIEPIE took the point OF order tnat the mo
ton out of order while the otner motoh IL
men ING as it ia not motion to adjourn Held not
well taken Mr. DEL VALE asked II 1t IS rule OF
the House that the House take a recess az lZ:oo
p NJ The CHAIR replied that 1t was MI. DBL
VALE then gave notice that he would raise the
point of order that it would require two-thirds
vote to carry the motion. The CHAIR re-
piled that when raised 1t would be held pot
well taken The roll was called and the motion
was lost the vote beng 81 to 81, and the House
refused to take recess. Mr. MCCLURE moved
call of the House and attempted to speak, but the
members cried out at every effort so as to drown
his voice, and scene OF great confusion ensued.
What Mr.. Mcclure endeayored to say was under
stood to be that the Democrats paired with Repub-
licans had violated their "pairs," and that Mr..
Estey (Republican) was the only member paired
who had stood to his word. Mr.. MCDONALD moved
the previous question. Tie CHAIR gave the House
lecture for its behavior, and the roll call was or
dered on Mr.. McDonald's motion. Mr. McCALLuA
asked that those non-voting be required 10 .ote.
Mr.. Noonan was next on the list, and asked TO De
excused. AS Democrat he thought the notioh
unnecessary On excusing Mr.. Noonan the
ayes and noes were called. Git was now
l2O5 p NJ The effort being made was
apparently to reach the recess hour lZ:5o Witn0ut
action ON the motions relative to the bill) Inc
House excused Mr.. Noonan. The question was on
excusing Mr. Clarity. and he voted MIR. MCCLURE,
on question of privilege, asked II MIR: swift and
Mr.. Samuels were not paired wish hepuoncans anu
bound net to vote He objected to their voting Inc
CHAIR held gentlemen paired must answer f1r them
selves as to how and when they should rete. Dir.
SAMuELs said he was paired with Mr.. Wason ON the
first second third reading OF the bill, but on no
questions leading to those things. Mr.. SWIFT said
he was paired with Mr.. Warkins ia like manner.
The roll call was completed-ayes SO, noes 80 (Mr.
Noonan and Mr.. Burns voting at LAST, and the
CHAIR declared the motion lost, and the previous
question was not ordered. Mr.. MCDONALD dis
puted the count, but the Clerk was sustained.
The question required on the motion of MIR.
Mcclure for call Of the House, and the ayes ano
noes were ordered and caaled. Mr.. MCCLURE de-
manded that the vote be read over. so ORDERED,
and the Clerk began to read the list amid cries OF
"Call em slow; it wants only five minutes :!
[Merriment.l AS the list was called members from
both parties kept calling Slower Mr. fsTEY
said there was so much noise he couldn't hear. The
SPEAKER said probably the members didn't want to
hear The list was half read when Messrs. PLAT,
Young and Others asked the Clerk TO begin again,
as they didn't understand. The SPEAKFR said in
two and half minutes the hour would arrive all
seemed to want, and ordered the Clerk to read on,
which he did, amid cries OF "Tme." The vote stood
SO to "a, but prior to announcement the hour ar
rived and the recess was ordered. IMerriment.l
Afternoon Session.
The House met at 2 P. NJ, Speaker Parks in
the chair
The chair held the pending motion lost. The
question REQUIRED on Mr.. McCallions motion to lay
on the table. Mr.. DAGeErr moved call OF the
House. Carried. Pending the announcement of
the vote Mr. BAKER objected to Mr.. Sargent voting,
as he was paired with Mr.. Kellogg. Mr.. SARGENT
denied that he was paired with Mr.. Kellogg, and
stated the arrangement attempted to be made be-
tween himself and Mr. Kellogg. Mr. EsrBY ex-
planned his vote He was paired with DIR. Mathews
on all party questions. He did not consider this
one and had voted he being left to judge freely by
his pair. 1t agreed that if he saw the one side
going sodly he was to be held, but az the
gentleman from Placer (Mr. Hale) had voted with
the Democrats right along, he didn't know but that
he could claim to be absolved. The call proceeded
and ten absent members were named. message
was received from the Senate announcing the pass
age OF the legislative contingent fund expense ap-
preparation bill over the Governors veto. lap
plause, mingled with hissesl On motion OF Mr..
MCDONALD further proceedings under the call were
suspended and, on motion Of Mr.. BURNS, the pend
ing battle was suspended until Senate messages
could be taken up and s. B. "a was taken up Qegis
lative expeuses), and the Governors message
fusing his approval 10 the bill was read. Mr.. HALE
said he had to perform painful duty. The legisla
tive expenses if unpaid, would amount to repudia-
ton by the State else be subjects for deficiency
bills. He did not think the Governor would
purposely trench upon the juris lotion of
the legislative department, but inadvertently
he had been led into an act that had that direct
tendency The fundamental principle of the gov
eminent is that it shall be divided into three de
partments, and that neither shall trench upon the
other. This subdivision is the underlying principle
of the republic. What has the Governor to do with
the legislative department To call the Houses
together and name the subjects to be considered,
and to approve or disapprove the bills they pass.
There alsne are his duties. But in this message
he has departed from all precedent in the history
of all of the States. The settled law and usage is
that if the Governor have objections as to the
dty of the bill it is his duty and privilege to
turn the bill and give his reasons or If it is
question of State policy, he may do likewise These
representatives each represent given number Of
the people, and the voice OF these houses is their
voice, and when the Governor attempts to lecture
the members of these houses like schooi.boys as
to their duty, he puts an indignity, not
upon the representatives alone, but upon the peo
pie whom they represent, and for one
he felt it to be his duty to object t. it aud enter his
protest against the infringement made BY the mes
sage loud applause Mr. DIT VALE said the
people well knew sixty days were too few to 60 the
necessary legislative business. All admitted that,
and an extra session became 4 necessity. Prior to
the adjournment of the regular session the Gov
ernor sent ia message urging the passage OF the
appropriation bill and pointing out the great
sity of action it then, and Mr.. Lane at made
motion to take up the BILL and it was lost by 40
noes to q ayes Later he De Valle) again tried to
get the bill up, and it was refused. The road bill
was declared an imperative necessity-but he did
not admit it-and SO voumnous was it that it took
two weeks to get through it understanding Y, and
time left to pass it, In his call the Governor
limited the session to twenty days but where his
authority for it, 1t q fling at the Legis.
lature. few days ago the Assembly
passed the resolution to adjourn sine die,
and the Senate postponed it beyond the
date fxed that was disagreement sufficient to
Justify the Governor exercising his perogative, and
adjourn the houses. He did not do So He had not
willingly come to remained at the extra session,
~. ~
tested against the message unusual and an in
fringement. Mr.. PLAT could not afford to labor for
the State for indefinite period without
pensation. He bad voted against the bill. but
would now vote TO pass !. over the veto. The bill
was passed, by 60 to 0.
The question required on the motion Of Mr.. Nc
GALLON 10 lay the motion TO reconsider by which
the House refused t. read the johnson legislative
apportionment billy on the table. Carried by the
AYES = Arick, Baker of Yolo, Birney, Bost
Branch, Brown, Burns, Cunningham, Daggett, Del
Vale Clarity, Gayigan, Geary, Gilmore Griffith
Lane Leake, Long, Matthews Of San Beui;o, Nc
Cal ion, NcDonal McMlrray, Mea, Mudgett
Noonan, oConnor, Pinder, Plat, Sargent, Swift
whpple. Wood, Mr. Speaker-S9.
Noes-Alvlso, Camron, Coleman, Crank, Edwards,
FELTON,, Fraser, Gay, Harrison, Hendrick, Hoitt
Jones, Lewis, Mason, May, Mcclure, Paterson of
Nevada, Patterson of san Joaquin, Paulk, Reynolds
Siebe, Streeter, Van Fleet. warkins, Wason Of Ven
Mr. BAKER offered n concurrent resolution that
the Legislature adjourn Friday next at noon.
Mr. SARGENT moved To lay tho resolution the
table. Lost. Question on the resolution. Adopted
~ to 81.
The House then took up A. B. o. by Mr. Plat Ito
divide the State into legislative districts-known
the Democratic bD and IL was refused first read
ing, X publicans largely voting for and Democrats
against, amid much merriment-30 to35 Mr.. Nc
CLuRE moved 20 reconsider the vote whereby the
Assembly yesterday refused A. p. "a first reading
(the Lewis legislative appcrtionment bilD Several
incidental skirmish motions were here interlarded
when Mr.. MCCLURE moved to adjourn. Lost. Mr.
MCCLURE moved the further consideration of his
motion be postponed until ThursdAy, immediately
after the reading Of the journal. Mr. DAdogrT
moved that the motion to reconsider be laid on the
table. Mr. MCCLURE moved TO take recess until
I P. NJ and the ayes and noes were demanded
Lost-2S to SO. Mr.. FRASER moved 70 adjourn
Lost-29 TO 49, The question was on the motion of
<fr. Daggctt 20 lay the table the motion to re-
consider, and it provailed-S9 70 &C.
At 1888 p. N. the House adjourned
San FRANCISCO STOCK SALES.
san FgAScIsco Nav IL 1881