Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-02-26
CALIFORNIA LEGISLATURE.
TWENTY FOURTH SESSION : FIFTY FOURTH
DAY.
SENATE.
sAcRANEYro, February 3. 1ss.

SACRAMENTO, February 25 1881.
| The Senate met in regular session at 10 A. NJ,
| President Mansfield in the chair Roll called quo
rum present. Journal OF last meeting read and
| corrected
Mr. DAVIS moved that s. B. 3i7, relative to the
regulation of hl draulic mining, be made the special
| order for this afternoon at O'Clock.
This motion gave rise to the usual discussion on
| that subject
M. JOHNSON said 1 shall vote to take up this
BILL Mr.. President not because think its passage is
| so entirely necessary as some OF the people in this
| city and this valley seem TO think. / do not regard
the decision of the late Supreme Court in the case
| of James II keyes against the Little York Mini e
| Company going to the extent that the attorney
fol the plaintiff in that case, who now eng ged in
| getting up public meetings for tine purpose of en-.
deavorng to influence somebody in reference to this
matter claims. don't think it goes so far as that
attorney thinks it goes. believe that that decision
| was right, under the pleadings of the case. | be-
leve that there is not lawyer in the State of Cali
| fOrnia, the author of the bill under
| sideraton, attempted to he brought up, Mr.
Davis himself included, but would say upon exam
! inaton of the pleadings that that decision was
| right, and that it simply the utter lack of ab
| ity and the miserable manner in which the COM
| plant drawn in that case by the man now fore
| most in getting up public meetings in this CITY,
| which resulted in the decision of the Supreme
| Cour that had the man most instrumental in
| the attempt to lead public sentiment against nv
draulic miung attended to his duty a lawyer, and
| drawn the complaint in accordance with the
OF the defendants themselves and the facts OF
the case, the decision would have been different
and If ther is lawyer upon this floor who thinks
that am mistaken, at any time, upon the examine
| tion OF the records in the case (and have them
here) feel certain that can convince any lawyer
upon this floor, or any other lawyer in the State,
| that am correct in nay statement that the only
fault in that case the Curious action OF the at
torney for the plaintiff, now prominent IN ATTEMPT
ing to buildoze other people Still shall vote for
this motion. shall vote to take up the bill shall
for the passage of the bill not because this
lawyer has succeeded in lea ing public sentiment in
this ty against interest of this State but be-
cause believe that the matter should be made so
| plan that even poor lawyer could not make mis-
| take in the matter. You all know whom | mean
the whole trouble in this matter, in my option,
| was brought about by his not doing his duty. In
| my judgment the of the defendants fur
ushed the very proposition upon which he could
have amended his compaint and brought them
| within the grasp of the law.
| Mr.. GLAscocK claimed that ii the bill under dis
cussion was passed the Senate there could be
no hope OF the repeal of the debris Act in the AS
sembly. We're it not passed San Francisco could
keep paying its SOB 000a year, and the southern
counties could still be oppressed by useless burden
of taxation. But II the Senate passed the bill OF
Senator Davis he had the assurance OF several men,
bers of the Assembly who were voting against the
taking up of the repeal bill that they would vote TO
! take it up and would support its passage.
| Messrs. BAKER and CoNGER opposed the motion.
| Mr.. ESos made argument in favor of the mo-
| tion during the course of viii h he censured the
course of the opponents of the repeal bill in the
1
| his willingness to remain here for an indefinite
period of time until the obstructionsts were smoked
| out
| Mr. CHENEY replied to Mr. Enos sarcastically OF
terng to supply him with the tobacco required for
the smoking process. He also criticised the ac
ton of Mr.. Davis in long delaying the introduc
| tion of the bill now sought to be brought up.
! Mr. DAVIS briefly defended his cou'se relative to
the bill He had introduced it as soon as possible
after the repeal OF the deb is bill in the Senate. He
took cognizance OF the proceedings Of the other
| house far as his action i'll the Senate was con
! cerned.
Mr. GEORGE regretted the time which had been
wasted in debate. He was opposed TO taking up
the bill out OF order He himself had bill just
! important as that under discussion. He hoped
| the Senate would vote down the motion and go to
| business.
Mr. Hill regretted the fact that he was compelled
10 differ from some OF the friends Of repeal IN this
matter but ne should not vote to take up this b
out of order, ii taken up would he vote for it
| long the debris law remained on the statute
| book.
| Mr.. RowELL favored the motion, and was sorry
| to see the prejudice manifested by come of the
| friends Of peal
Mr. JoHNsrON said that he did not appreciate
such innuend es as had been made this morning on
reputable citizens OF California. Unlike
other Senators, he was willing to follow
leader, no matter who be be, pro-
vided he had the ability to lead and
not put himself up leader, but he was willing to
follow the lead of others, and wss willing to follow
the lead of the Senator from Yuba in this instance
and he did not propose to Oe driven away from chat
position
! Mr.. DICKINSON opposed the motion, and thought
| that the bill was unnecessary He had looked over
the papers in the test referred to by Mr. john
son, and concluded that the case was conducted by
the attorney for the plaintiff in defective
He deemed the existing law sufficient for the neces
| site, of the case.
After further discussion the motion vas lost by
vote of % ayes to Is n5es.
| The Committee on Claims recommended the indie
| finite postponement OF A. b. 1l6.
The Committee on Fish and Game recommended
| the passage of A. b. $50.
| Mr.. JOHNSON moved that the bill be taken up i'm
mediately. Carried
The bill was read second time, discussed
amended anu ordered re d third time
Mr. HARLAN moved that S. B. $40, to prevent the
filling up of the streams, rivers and bays Of the State
with taIlings and debris from hydraulic mines, be
referred to the Committee on Swamp Lands.
! Mr.. JOHNSTON moved as substitute that the bill
! be taken up for immediate action.
This latter motion lost by vote of IS ayes to
| 10 noes.
The Committee on Agriculture recommended the
passage OF A B. 4Si, relative to the protection Of
viticulture.
| Mr. WEST moved that the above bill be taken up
on its second reading Carried
Mr. BROWN moved that the bill take its place on
! the file.
The motion was lost by vote of 25 to s.
MIR. BRowN moved to make the bill the special or
der for next Monday at 2 P NJ Lost.
Mr., BROWN moved that Section Of the bill be
| stricken out.
MIR. RowRL1 moved that the bill be taken up i'm
mediatey after recess and considered until disposed
| OF. Carried.
On motion OF Mr.. JOHNSON, the Senate took a re-
| cess at 1925 p. a.
Afternoon Session.
| The Senate reassembled at 2 P. M
Consideration Of A. B. 4S4 was resumed
| Mr.. kOwELh opposed Mr.. Browns motion to strike
| out Section 3 He called attent to the i'm
pOrtance of the interest sought TO be protected and
! instituted comparison between the diseases Incl
| dent to the physical and the vegetable worlds. He
| enumerated the stringent measures which were
found necessary in order to confne the ravages of
contagious diseases to those sections in which they
| had their origin Similar precautions were needed
in order to prevent the spread OF vine pests and de-
| structve inse is
| A. B. 152, by Mr.. Harrison, relating to elections
and terms OF officers, was received from the other
| House.
| Mr.. JOHNSON moved to take up Assembly messages
| Carried.
Mr.. JOHNSON moved that the bill be made the
special order for Monday afternoon at O'Clock, i'm
mediatey after the consideration of the adjournment
| resolution.
Mr. BAKER moved to make it the special order for
| Monday morning, Immediately after the reading of
| the journal. Lost.
| Mr. Johnson's motion was carried
| Reading and reference of Assembly bills
Mr.. NRUMANs (by leavel introduced joint reso-
luton relative to the protection of naturalized ct
zens of the United States in Costa Rica, which was
| ordered engrossed
| Mr.. Browns motion to strike out Section was
| lost
Mr.. HTTTELL moved to amend by striking out the
word suspected" fr, m lines 6 and II of Section 8
| of the printed bill. Adopted
On motion of Mr.. GoRNAN the sum Of $3.50 per
! month for the employment OF chief viticutural
officer was reduced to $3.50 per month.
| Mr.. JOHNSTON moved to amend by creating the
position of chief horticultural officer whose powers
and salary shc ud correspond with those of the witt
| cultural officer The amendment was adopted by q
| vote OF 81 10 g.
Mr.. BURT moved to strike out Section 8. Lost.
Mr. NYE offered the following substitute for Sec
ton s: There shall be collected by the Health Of
ieer the Of s. for each of field or orchard
examined which with all nther finea