Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-02-02
CALIFORNIA LEGISLATURE.
TwENTY-FouRTH SESSION -THIRTIETH DAY
sen ATE.

SACRAMENTO, February l, IsSl.
The Senate met at 10 NJ, President Mansfield in
the chair. Roll called quorum present. Journal
Of the last meeting read and approved.
The Judiciary Committee reported bills as follows {:
S. B. ls9, indefinite postponement; s. B. AZ, do not
pass: 5. b. 202 indefinite postponement; S. b. 20i,
indefinite postponement; S. Bs. 209, 2l6 223, 224,
passage.
The majority Of the Committee on Swamp Lands
recommended that S. B. 40 do not pass.
A minority of the committee dissented from the
above recommendation.
Mr. SgARs, the author Of S. 3. s, recommended
its passage with amendments.
A message was read from the Governor signifying
his approval of s. b. 30.
The following bills were intr, duced
BY Mr.. HARLAN-To repeal an Act to provide a
system of irrigation to promote rapid drainage and
improve the navigation OF the Sacramento anu San
Joaquin rivers. Irrigation.
BY Mr.. SEARS Making an appropriation for de-
ficiencies for the completion of the branch State
Prison at Folsom, prior to the thirty second fiscal
year. On file
By Mr. RyAS-To amend Section 1865 of the Po-
litical Code. Educa ion.
By Mr.. LANeFoRD-To ascertain the will of the
people of the State of California touching the pro-
priety of so changing public school system as to
place the education of children under parental
control and to render it less expensive and better
adapted to the wants of the rising generation than
is practicable under the present system. Education
By Mr.. HiTfELL-An amendment to Section 6,
Article XI. of the Constitution, to the effect that
corporations for municipal purposes may be created
by general or special laws, ana tflat the Legislature
may provide by general laws for the incorporation,
organization and classification in proportion the
population OF cities and towns, which laws may be
altered, amended or repealed. Cities and towns may
be inco porated in future whenever majority of
the electors voting at any general special election
shall wish to 90. judiciary.
Also an amendment TO Section of the same arti-
Gle, as follows: City and county governments may
be created and consolidated into one municipal gov
ernment tn one set of officers, and may be ncor
porated under general or special laws" Judiciary.
The Finance Committee reported back bills as fol
lows: S. B. 254, passage: S. B. l40, passage, with
amendments S. B. 176, passage; S. B. 173, do not
pass; S. B. Isl, be re referred to Committee Cor
porations S. B. 236, passage.
The Senate took up the second-reading file as fol-
lows:
State OF California, and defining who are legal ply
scians and surgeons (by Mr.. Hudson), taken up.
Mr. RowELL moved that the bill be re-referred to
the Hospital Committee
Drs RowELL, LAMPsoN and PARDEE spoke az ainst
the BILL and favored its recon mmitment.
Mr. DICKINSON thought that the Committee on
Judiciary just competent to consider bill OF
this character as the Committee on Hospitals. The
motion to recommit was, in his opinion, slur on
the Judiciary Committee
Mr. CHASE opposed the motion. He was in favor
of the BILL and believed in giving it fair chance.
Mr.. CHENEY also spoke adversely to the motion.
He advocated the propriety OF giving the homeo-
pathists well the alopathists chance to make
a respectable livelihood.
MT Ryan OppOSeu the IuOiiOH were tnt COIL
mittee to be instructed to report at some early date
he would favor recomlnitment.
Mr.. JOHNSON in favor of the bill and spoke
against the motion. He cited facts tending to show
the relentless persecution which the old school OF
physicians had carried against the homeopath-
lists The bill, in his opinion, a good one, and
he proposed to vote n its favor.
Mr. KANE did not wish further delay, and conse-
quently opposed the motion.
Mr. JOHNSTON announced himself as being against
the bill. He advocated the advsabity OF consider
ing it Immediately.
The motion to recommit was lost by vote of Il
ayes to 10 noes.
Mr. RowELL moved the indefinite posiponement Of
the bill, and gave his reasons therefor. The fact
that every quack and mountebank in the State was
opposed to the existing law was conclusive proof
that its provisions effective. The proposed
bill, he thought, was in favor of quackery.
At the request of DR.. LAMPsoS the reports of the
Committee on Judici'ry, relative to the pending
bill, were read.
Mr.. JOHNSON said it was evident that the trainers
of the minority report did not know what they
writing about. Neither OF the Senators signing the
report were physicians and he did not believe they
had written it. In listening to the remarks of the
Senator from Fresno, an uninformed person would
think that the existing law good and grand, and
under which no quaek could practice medicine in
the State. He dared the Senator to mention sim
GLE solitary quack who had been driven the State
The very instances which he had mentioned only
showed that the law could not be enforced 1t was
imperative because public sentiment was opposed
".
Fresno if it was not member OF the State Society
who lhad piEne-i off bogus bNby ~ San Carts
TO the best of his knowledge that medical gentleman
was still member of the State Society, and was
now practcing medicine in San Francisco He
knew a healing medium in Sacramento who mad
performed woa aderful cures, and there Senator
on the floor whose family had ibeen cured of sick
ness by OF these quackS. He had even heard OF
aopaths. holnopathiss and eclectic physicians who
had allowed patients to die and had even heard of
lawyers making mistake. According to our pres
ent law even the Messiah could be punished if he
came to earth again and performed cures without
a medical diploma.
Mr.. CHASE said the general sentiment of the pub.
lie was against the existing law.
Mr.. DICKINSON said he would vote against the in
definite postponement of the BILL although he was
not prepared to say how he would vote on its final
passage. He was of the opinion that no lawyer
should be allowed to practice who had not been ad-
mtted by Supreme Court but the Senate thought
different at the last session. and he didn't see why
every one should not be allowed to practice medi-
cine as well as law. What sauce for the goose
was sauce for the gander. The professions of law
and physics went hand in hand and the same gem
eral principles should apply to both.
The motion to indefinitely postpone was carried
by vote Of II to II, the Chair voting aye.
The following bills were presented:
By Mr.. SATTERwHITE-To enable San Diego county
to pay San Bernardno county taxes collected upon
an err oneous assessment of railroad property. FL
nance.
By Mr.. HARLAY--To prevent the filing up of the
and debris from hydraulic mines. Irrigation
Also relation to parties to and place OF trial in
actions for injuries arising from talings and debris
Irrigation.
Also to prevent the running OF tailings on the
lands If another. Irrigation
Also, to enable parties in actions to dam
ages for injuries from the flow Of tailings. Irrga
tion.
BY Mr. JoHNsoN-To amend Section AZ of the
Code of Civil Procedure relating to the sessions OF
the Supreme Court. Judiciary.
The reading OF bills on the second reading file was
The substitute for Senate Bills Nos 1872 ard 16S
was ordered engrussed
s. B. 80, to amend Section 427 of the Civil Code,
concerning investments of the capital stock and
funds of insurance companies (by Mr.. Dickinsonl,
was taken up.
Pending discussion the Senate took the usual re-
cess.
Afternoon Session.
The Senate reassembled at 2 p. NJ.
The Committee on Engrossment reported the fol-
lowing Senate bills as being correctly engrossed:
2l9, 1885, 36, 169, 206, 80, 257 o. 239 139 and 120
The Committee on Commerce and Navigation rec
commended the passage OF S. B. 2S6
The Committee on Irrigation recommended the
passage of S. B. 272.
Mr. JOHNSTON give notice that on tomorrow he
would move the reconsideration of S. B. l6.
S. b, 104, to protect and promote the horticult-
ura interests OF the State (by Mr. Baker), was taken
up as the special order.
Mr. JoHxsToN submitted several amendments,
wnlcn were auopIeu ne also spuhS III iaFOI vi tlie
bill.
Mr. BAKER advocated the passage OF the BILL
Mr. Ryan objected to its passage on the ground
that while it local in its benefits it appropriated
$4,000 OF the States money per annum.
Mr.. WATSON was in favor OF letting the Ni'icult-
ura! Commission discharge the functions which the
bill proposed to repose in Horticultural Commits
sion.
Senators BAKER and JOHNSTON siguified their will
ingness to have the appropriation stricken out Of
the bill.
Mr. HIrTELL read the laws which had bearing on
the subject and spoke adversely to the passage of
the measure.
Mr.. RYAN moved that the bill be indefinitely post
poned.
Mr. ESos remarked that the bill would be imprac-
a law He thought the correct plan would be 10
leave with each locality the exclusive supervision Of
its own fruit.
Mr. KANE opposed the bill.
Mr. JOHNSTON offered an amendment to Section a.
appropriatng not more than g 900 per annum to
the State Commissioner and not to exceed 81 900
per annum to each District Commissioner. Adopted
Mr.. ENos moved to strike out Section 4, having
reference to the appropriation.
The ayes and noes called for, but the Chair
stated that the Senate being in Committee of the
Whole it was not in order to call for the ayes and
noes
By unanimous consent the roll was called on Mr.
ESos' notion with the following result: Ayes, 20;
noes, II.
On motion of Mr.. wESDEL1, Section was also
stricken out.
Some further amendments were made, after which
Mr.. BAKER offered a substitute for the bill
After prolonged debate Mr.. SEARS moved that
the bill be reeommitted to the Committee on Aori-