Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-02-03
ASSEMBLY.
sAcRAnrNro, February 2, 1881

SACRAMENTO, February 2, 1881.
The Assembly met at IL NJ, Speaker Parks IN
the chair Roll call. Quorum present Prayer by
the Chaplain.
mort relative to municipal corporations, which was
published in the RECORD UNION OF Tuesday.
Mr. KELLOGG presented aminority report, signed by
esr Del Vale and Reddick which reads as follows
Must the law p!oviding for the classification of
municipal corporations the law for the government
OF municipal corporations OF the various classes and
the law for the organization OF municipal corpora
tons under them said general laws be Incorporated
in one bin or can they be passed separately as in
troduced and further the Judiciary Committee
were requested to give their opinion upon the gen
era scope and meaning OF Section g, Article NJ, re-
lating to municipal corporate ns The committee,
with the exception of Mr. Young of Sacramento,
were unanimously OF the opinion as reported to the
Assembly, that general law in separate bill
providing for the classification OF cities
and towns of the State according to
population could be passed. and that it would be
Constitutional With that decision agree. The
committee then decided that general law Tor the
organization and Incorporation OF these citleS ans
towns so classified must 10 included IN one BIZ
We dissent II special bill can be passed for the
class1c ,tion, why not one providing for their or
canizstion? And, by the same reasoning, why
passed as a separate bin providing for corporation
or in other words, the charter or rule OF govern
mept of the cities towns of the different classes
as SO classified The word classification canEet by
DOSSiDIilUy DC construed " Hltdb 1A5
OF less than separating or dividing INTO classes. In
constituting the language of the Constitution we
think first, that the plain common sense popular
idea of the meaning of words should be resorted TO-
and next the meaning as viewed technically. The
word incorporation, as used, doubtless means the
charter or rules Of government which are to be
passed 10y the Legislature, and after the voters OF
any city or town have decided to organize. Then
the incorporation or charter being upon the statute
book takes effect becomes self operative by process
OF law and is then the law for the government OF
the city or town. Whenever the cities ana towns
are classified general law affecting all IN one OF
the classes may be passed in a separate bill, and
laws for each Of such classes may be separate. Any
other course must certainly result in confusion I'M
certainty. and defeat the real intent OF the Constl
tuition The word organization, as used in Section
g. Article XI. must mean the manner OF and form
for allowing the voters to determine whether Ghey
will place themselves in the class provided and III
conformity Herewith, aud the way for canyasslng
and determining the result and giving notice tnereOI
and who may act asofiicers of the election etc We
believe that separate bills Tor the government I'm
cerporation) Of the various classes tone bill Tor each
class may consttutionallY be passed.
Following is a second minority report, signed by
Messrs Baker, Whipple and Van Fleet:
A bill for the classification of municipal corpora
t ons may constitutonally be passed as separate
measure.
A bill for the organization Of all municipal cor
po1ations that is, providing for the manner and
means by which new corporations may be formed,
and by which corporations now existing may organ
under general laws, may COusUtuIi0haIy ne
passed as a separate measure.
Bills providing for the mode and form OF govern
ment Of municipal corporations so organized and
classified may consttutionally be passed as separate
measures one bill for each class
We are led to these conclusions by consideration
Of the Ian guage of the Constitution Itself, and our
concus ons are strengthened by the decisions OF the
highest Courts of various States having similar con
stitutional provisions, III all Cf which States the
point wherever raised, has been decided III accord
ance with the views herein expressed. law COM
plete in ITSELF providing for the government OF a
legal constitutional class, has always been held to
Dc a general law
4 The committee also reported the following
bills: A. B. 30, unconstitutional A. b. $50, to
create the county Of Orange, do not pass a. B. ia,
relative to the punishment of robbery, provides
making the penalty death for the second offense,
do pass minority, do not pass; A. b. 49, relative
20 fishing do not pass 4. 3. S38, to prohibit the
employment OF aliens by corporations, referred to
the Committee Corporations A u. 326. relative
to pawn brokers' referred TO the Committee on Ways
and Means; $. B. II. do not pass s. B. 1877, pass
rs amended; 4. Z. 3l3 relating TO assault with III
tent to murder, do not pass 5. \. 49, relative 10
the punishment Of incest, do not pass >. u. 70,
-eIat!ye to the validity OF marriages, pass IS
amended $. BE- 80, Is ana 81, pass as amended :;
s. B. 100 relative to assignments for the benefit OF
creditors pass as amended ). B. ~, to reduce the
number Of peremptory challenges in criminal cases,
do not pass; 5. B. l5S, for the relief OF insolyen
debtors the protection Of creditors, etc, do not
pass S. g. l16, relating TO proceedings Tor new
trIais, 1aSS as afiienueQr w ilot pass o. d
ll3 prohibiting secret meetings by Boards OF Super
visors Legislatures, etc do not pass; y B. IS, do
not pass A. B. 3+5, do not pass; A. b. Sa5, relat-
ing to grounds of action for divorce, do not pass ;
A. B. 9l2 referred 10 Committee on Elections A
B. $50 relative 10 bills OF exception do not pass !;
A. 337, relative 10 accounts OF administrators
and executors, do not pass; A. b. 10y, to allow
women to vote in elections for school officers, ETC.,
unconstitutional, do not pass; A. B. S35, to repeal
an Act TO- the incorporation OF Martinez, etc, do
PASS b 49, relative to the settlement OF estates,
i pass as amended A. B. $50, relative to compen
sation of special counsel employed by city and
county officials do pass A. b. lj2, do pass tnlnor
itv do not pass); A 3. Ilg, do not pass.
The Committee on Roads and Highways reported
back A. Bs. l 46 and 272, recommending that they
do PASS . also A. &. PSI recommending That II do
not pass The Committee on Engrossment reported
the correct engrossment of A. G. rs. and s. The
Committee on Homestead and Land Monopoly re-
ported back A. B. sos, to discourage the monopoly
OF land in this State, through taxation, recommend
ing that it be referred to the Judiciary Committee.
The Committee on County Governments reported
A. B. 100, to prevent hogs from running at large in
town sites recommending that it do not pass.
The Committee on Commerce and Navigation re-
ported back S c. r, 5, relative to appropriations
from the Gem raj Government for the improvement
of certain rivers, recommending its adoption.
The Committee on State Hospitals reported back
A. B. 1877, relative to the management OF the insane
asylums of this State, etc, recommending that 1t do
pass.
minority report BY Mr.. CRuyProN recommended
that il do not pass.
Mr.. TOWARDS presented petition from 400 citi-
zens and taxpayers OF the city OF Oakland, asking
for the repeal of the law known as an Act to pro
mJte drainage.
Mr. BrRxs, by consent. introduced a concurrent
resolution asking the United States to pardon the
convicted Musse slough settlers now in the jail at
santa Clara.
The rdles were suspended and the resolution unah-
imogsly adopted.
The following bills were introduced and referred
BY Mr. KRATIye-To appropriate money for the
purchase Of a steamboat for the protection OF the
harbor Of the city and county of San francisco.
Commerce ana Navigation.
BY Mr.. CUNNIN6HAA--To promote drainage and
protect the agricultural interests OF the State from
debris of Sawmllls, paper mills, powder mills and
tanyards Water Rights and Drainage.
By Mr.. CHANDLER-To allow owners in certain
cases 10 pay up and obtain patent on swamp, school
or seminary lands Of this state. Swamp aud Over
flowed Lands
By Mr. HOWARD Concerning gas companies Cor.
Also to prevent Sstortiou by gas companies in
the State of California. Corporations.
By Mr. PAULK-To provide that each city having
volunteer fire department shall pay to each active
member Of said department the OF 3 per
annum. Ways and Means.
BY Mr.. LEAcH-To provide for the government by
local Boards OF Education OF school districts having
a populat on exceeding 1000 Municipal Corpora
tions
BY Mr. wIIFPIE TO amend Section 1lo7 OF the
Civil Code relative TO the priority OF grants OF real
property over liens thereon. Judiciary.
Bs Mr. SIEBE-To amend Section OF an Act Gre
ating a Board OF Bank Commissioners, ETC., relating
to the examination Of the books and accounts of
savings banks, etc. Corporations
By Mr. SWIFT amend Section $50 OF the Penal
Code relative to gaming Judiciary.
BY Mr. HoLDEN-To amend Section 3S71 OF the
Political Code relating t. the settlement by the
Controller with the County Treasures. Claims.
Ry Mr. HARrsoS-For the improvement OF the
srroiInds of the Napa state Asylum for the Insane
Public Buildings and Grounds.
Bills on the third reading fle were next eonsid-
ered
nicipal corporations, was read and finally paSsei-
ayes IS noes ).
corporations owning controlling water for pur-
poses of irrigation to distribute the water pro rata
among purchasers in times of scarcity, passed
ayes IS, noes 5.
r. 1873. to correct the spelling of the names OF
two of the Commissioners for the former pueblo or
ty Of Sonoma, and render valid their past acts,
was unanimously passed
The House next passed TO the consideration OF the
first reading file:
,anize and define the powers OF the Board of Rail
5SaJ Commissioners, approved April &c, 1880,
p a75 to amend sections 5S7 and 5SS of the
roda ~ Civil Procedure, relating 70 attachments,
was Passed also on ile. ~, -.
r 923. to amend Section 354 Of the Civil Code,
reiatinr to corporations, was Withdrawn.
p 100 TO provide for greater security IN the
.ransraission OF election returns; a. b IsS, CON
cernine the time OF caIly9ssing tlle re.atLs =.
-. fa1 Governor and MISUNDERSTANDING a %
eiV ihit rllblic officials from enterIhg into any
., 70 ~, The part Of the public covering longer
const =. .;n, 4ian their term OF office aad . b.