Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-05-07

are not greater in number than are necessary, 10
under the law no one can petition fer new distrie
who lives within two miles of a school-house.
Pending his remarks, the House, at 1884 ?. "
took recess until , P. N.
Afternoon session.
The House reaSsembled at P. NJ with Sneaker
PARKS IN the chair. Mr. MCDONALD favored leaving
the matter under discussion with the committee
Stiu lorgeT MI BAKER opposed concurrence: Mr.
! PLAT spoke IN favor Of concurrence. Mr.. FREgE
did not believe the Senate had treated the Assem-
bly, with respect in this matter He would not abatt
| ten cents from the amount in the Assembly bill.
lie would vote TO the very last for the full amount
the law says the common schools shall have
| Even as il is, in many ctions schools cannot be
! maintained Tor more than six months in the
year for want OF funds. Mr.. VAN FLEET would
| not do aught TO compiicate the duties
! OF the conference committee, but he had heard no
word Of argument or reason why the sum asked
| by the Assembly is necessary to run the common
| schools On the other hand the Chairman OF the
| committee had said the amount OF money is not
the real question, but an relative to another
! subject That was not sufficient for him He
should vote on the proposition AZ it showed its
face he did not feel that be Could vote for insist
| ence when he believed the amount asked by the
| Senate is more than sufficient to operate the com
/ mon schools. Nr. REYNOLDS said the question is,
how far shall the Legislature go in imposing bur
| dens ON the counties for the support of ;, ho0ls
| He again and at length urged concurrence aid said
/ 81 100000 was sufficient Mr. HALE asked him,
Sufficient for what? and ne replied, " Sutii.
cient for the State 70 appropriate for the
support OF schools; sufficient to supDOr. them,
| aided To what the counties raise" He considered
IL unfair to make this question feeler f. another
! disputed matter MIR. HALE had hoped this discus
sion would not arise at least when it did. He be-
lleVed the proper proceeding to be for the commit-
! tee TO report back as it did. Then the que ton
would he on The ns;steuce and the appointment of
new committee on request cf the other house, tn
| old members being reappointed .sith the ones,
| because the old committeeman supposed to be
! sses5ed cf the history and issues of the conf
I f,f
| suit in this agreement through the agency Of con.
| ference committees. When after all the stages
| conference passed and the House is moved 10
| adhere then Is the time to debate the question
| in all is phases. That parliamentary practice rests
on sound sense aud reason and he hoped the Assem-
bly, would follow that plan. Mr. Y'uNG hoped all who
favored bringing the session to speedy close would
vote fos concurrence. The position Of the commit.
Tee Is illogical, unsound and unsupported BY law or
rersop The committee cannot logically and proper
/ ly say to the House Bee 1--WE have not agreed
on some Of the matters OF difference, therefore you
I hal OF pass upon any OF the matters committed
20 us (He cited authorities in support He be
ieV- d in narrowing the issues and concurring as
speedily as possible on all the items where concur
re nee can he had.
The House ordered the previous question to be
put The question recuTe upon the motion OF Mr..
Edw ards to concur in the Senate amendment as to
tie school fund levy, and the House refused TO con-
by this vote:
Ayes-Alyiso, Burns, Camron, Crank, Edwards,
Estey, Ggrrity, HARRISON Jackson, Knburn, Lane,
Mcclure, McDorald, Murphy, Patterson of san Joa-
qiin, Paulk, Patt, Reynolds, Sargent. Siebe, Van
Fret, Youug-22.
Noss-AIik, Baker of Yolo, Birney, Branch,
Brown, Chandler, Crumpton, Dagsett. Del Vale,
Fraser. Freer, Gsyigan. Gay ary, Gilmore, Grit
ith Hale hendrick IIinshaw Hoitt, Holden, How
ard, Ktating, Kellogg, Leake, Long, Mathews of
Tehama, Matthew's OF San Benito, May, Medallion,
Mudgett, O'Colnor, Paterson of Nevada, Pinder.
Samueis Streeter, Swift, Wason OF Ventura, NassGn
of Mono, Wentz, Wertsbaugher, Wbipple, Wood,
Mr Speaker-44
The House then ordered that the Senate be in
formed that it % insists"
The road bill, as received from the Senate. was
then taken up, and the House reccded from its
amendment to Section 2621, relative to routes
private lands becoming public roads other than by
declaration by the Board Of Supervisors 1t receded
from its amendment fixing the pay Of Road Super
yisors at g AS TO the Assembly amendment 20
Article Ill, Section 26i5, subdivision s. changing
Road OYsrseers days for which he shall receive pay
from IS to 100 daYs 81 votes east for receding
and 10 against. To have the question settled by the
Houss whether it took Al te5 to recede the CHAIR
ruled the House had reeeded, and Mr.. HALE ap-
pealed from the decision and argued that II votes
needed to recede because it is the nature OF
concurrence, and thus final action and the making
Of law. Mr.. YoUNG he'd that the very reasons
given for the necessity of Al votes to
co cur are precisely the reasons why Al
are not needed to recede from proposed
amendment (Nr Holt in the ehair) The proro.
stion to recede is not legislation but . proposal
to withdraw from proposed legislation. 1t is not
final and nothing has been accomplished byit. The
bill as amended, should be put final passage at
the close aud forty-ope votes required. Mr.. Nc
CLURR held that there is vast difference between
receding and eonlurring, and forty one votes ere
not needed in the former case, for concurrence of
constitutional ma j1rty is not required to refuse to
legslate. He cited New York cases n support Mr.
r HIrpLB aid the New York Constitution is not like
that Of California He believed forty-one votes
were necessary. Mr. PAcLR put this case Sup
pose the Senate passes al appOrunnment bill giving
Sacramento three snd san Joaquin two Assembly
men. ln the Assembly one is tsken from Sacra-
mento and given TO San joaquin and the amend
ment requires 'rty-one vO,es. The Senate refuses
to accept the amerdusnt and asks the House to re-
cede. Now csn he Assembly, BY the bare majority
Of quorum rece!e and thus undoand directly legis
ste on that which it required fortv.oBe or consti
tUtional majority ~ DO. He thought not. 1t might
be d-ne If. alter al amendments are gone over the
roll is called on iinal agreement TO the bill and
forty-oue votes be Iequired. BY u to 43 the de
CT ion Of the Chlir Overruled. The vote by
which the House refused t. recede from the last
amendment was reconsidered, and tne House sg3in
refused to rec de-35 10 10
Mr. VA spoke to question Of prvi,ega He
RI ferred to what ,u port to he a rel ont o.
the pro eedngs Of The Coz feren Con mittee
made in report to the Senate whica it is out
that the report Of the Senate committee states that
" the Senate committee proposed to the Assembly
committee to modify the taxevy bill to provide for
the support only of the general school and interest
and sinking funds fer both years that the Assembly
committee refused to accede to this stating chat if
upon including therein, in express words, the dram
age tax OF cents"
Mr.. MAY said Now Mr. Speaker, when you con-
slider the high character the sterling e-rity Of
gentlemen that committee. it will surprise ycu
to hear me say that is false without qualification
such reply was made on behalf of the Assembly
by the Chairman Of its committee or by either of
bis assoe ties. The proposition was made by Sena-
tor Sears Substantially as they report, and it
met by prompt refusal t. put it to a vote of the
Assembly committee. The Chairman said 9"
shall not call the roll OF my committee it without
first taking the sense OF the Assembly because 1t IS
matter, and because it replaces matter that has
already received the sanction of both Houses, and
therefore it is inadmissble under well established
parliamentary law 4" l then turned to Judge Hale
and sgid q Do you sustain me i'll my position?"
and he responded Z" | do fully" And from MIR.
Daggett l received q like response to a similar
query He admitted that he di not question the
veracity of the honorable Senator'S bat the reporter
lie suspected, had made mistake
Mr. Hale said that the statement of DR.. May was
correct in every particular. Nr. DAGGETT said the
statement made by DR.. May was, to his knowledge,
in conformity with the exact truth. Subsequently,
Mr. DAGGETr, speaking to question of privilege,
and referring to the fact that such report
as DIR. May read from had in fact been
fled in the Senate, be said Senator Glascock had
u-t stated 10 him that he not present when the
alleged prefer and answer we're made, and that he
took the statements OF Senators Sears and Wendell
for what had taken place in making up the report.
Assembly amendment TO Section 2645, providing
that the 0verseers shall pay Dto the county treas
ury to the credit of the districts, the sum OF all
moneys collected. The House receded What is
known as the Baker amendment was then taken up,
and the House. by almost unanimous vote refused
to concur further in Senate amendments, and
questsd the Senate to appoint committee of free
conference on the bill. Mr. JACKSON moved to take
ups B. a. Act making appropriations to pay the
expenses of the extra session of the Legislature dur
ing the thirty second fiscal year. Mr.. MCCLURE
moved to adjourn. Lest. The CHAIR declared the
M ton to take up S. B. "a carried Mr.. MCCLURE
! appealed from the decision. Mr.. BURNS moved to
lay the appeal the table. The CHAIR declared it
| carried. lConfusion.l MIR. PaULK appealed. Mr.
EsrSY moved to lay the appeal on the
table. Carried. MIR. GAY moved to ad-
| journ. Speaker Parks in the chair On
| call of the roll lost. Mr.. MCCLURE moved call
OF the House on call of the roll, lost Mr. JACKSON
moved the bill be read second time. Mr. KILBJRS
| moved to adjourn. Mr. WHIPPLE took the point of
! order that the motion could not be made while
| another motion pending. Held not well taken.
| The ayes ard noes were demanded, and the motion
lost. MIR. .tAossoN moved that Mr.. Mcclure be
Cd ind s,;ta cf NJ lnxy. .Dps