Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-04-16
CALIFORNIA LEGISLATURE.
FIRST EXTRA sEssIoN-TwELFTH DAY.
SENATE.


SACRAMENTO, April l5, 1881.
The Senate was called to order at 10 o'clock.
President Mansfield in the chair Roll called and
quorum present. Minutes read, corrected and ap.
proved.
Mr. PARDEE from the Committee on France, re.
ported back A. B. II deficiency bill for thirty
second year,. with minority report that the bill
do pass and minority report that the bill is un-
constitutional
The bill was read second time.
Mr.. WENDELL claimed that only one item can be
passed in the BILL and moved to srike out all but
the first item. The motion favored by Senators
WENDELL, SEARS, PARDEE, HIrTKLb and ZucR, and
opposed by Senators SArTERwHIrE, DAVIS and Con-
GER, when Mr.. WENDELL withdrew his motion.
Mr.. ZucK moved to amend by grouping certain of
the items into one bill and striking out others, and
to amend the title
Mr.. SEARS moved to recommit the bill to the FL
nance Committee with instructions to bring in sep
arate bills for each item in the present bill.
Mr.. GEORGE, from the Committee on Engrossment,
reported back S. B. and S. B. rs correctly en-
crossed.
Mr.. JOHNSON moved to take up S. B. 2 The roll
was called and the motion declared carried. Ayes
%, noes l3.
Mr. ENos raised the point OF order that it required
a two thirds vote.
The PRESIDENT decided the point not well TAKEN
from which decision Mr.. SATTERwHITE appealed
The decision Of the Chair was not sustained.
Mr. JOHNSON moved that A. Il be temporarily
passed. Mr.. BAKER moved to lay the bill ON the ia
BILE. The roll was called and the motion to lay on
the table prevailed. Ayes 20, noes l6
At u o'clock Mr.. RYAN moved to take a recess
until o'clock Lost
The Secretary commenced reading S. B. 2, when
Mr. RYAN raised the roint of order that the bill was
not properly before che Senate.
The PRESIDENT decided that the next business be-
fore the Senate was the regular order, which was
messages from the Assembly.
A. b. 10taX levy bill-and A. B. 11-deficiency for
the thirty fiscal year were read The first bill
referred to the Finance Committee, and the lat
-,1oa Alarr
On motion of Mr.. PARDEE, Senators Enos Wen
dell and Sears added to the Finance Commit.
tee.
Mr.. CoNegR asked to be excused from the Finance
Committee, which request was granted.
At 1925, on motion of Mr.. MORELAND the Senate
took recess until o'clock.
Afternoon Session.
The Senate reassembled at o'clock President
Mansfield in the chair.
S. B 2, Senate and Assembly apportionment
bill, came up on its third reading. Considera-
bic filibusterng occurred, an effort being made to
take up the road bill. The PRESIDENT decided that
he governed by the file, which gives the prefer
ence to S. B. 2. Before the bill was read Mr.
SA1TERwnITE arose to discuss the same. The PREsI.
DENT decided the gentleman not in order, from
which he appealed. On motion OF Mr.. JOHNSON the
appeal was laid on the table.
The bill was then read, when Mr.. ENos took the
floor in opposition to the BILL and made very earn
est speech. MIR. TRAYLOR and Mr.. BURT gave rea-
sons for their votes ilr. GLAsCoCK presented the
following protest. which was read for information:
Mr. President The undersigned respectfully pro-
test against the passage OF S. b. 2, entitled
AN Act to divide the State into Senate and AS.
sembly Districts and to provide for the election of
Senators and Assembiymen therein for the reasons:
First-That said bill was not read at length on three
several days in the Senate, nor was it read at
length but once in said Senate. Protestauts further
say that when S. b. came up for a second reading
a substitute was offered for said BILL which was in
effect an entirely new bill, and SAID new bill was
read but twice at length in said Senate. Second
That said bill is unconstitutional and entirely void
for the reason the said bill embraces more than one
subject, viz: 1t provides for dstrictng the State
into Senate Districts and also into Assembly Dis
tricts and further provides for the election OF SEN
ators and Assembymen therein. Third-The said
Senate Districts not numbered from one to forty
inclusive, in numerical order, and the Assembly
Districts are not numbered from one to eighty in
the same order, commencing at the northern bound
ary of the State and ending at the southern bound
ary thereof as provided in Section 6 of Article w.
of the Constitution. W. W. Moreand, B. B. Glas-
cock, W. L. Anderson, b. F. Langford, J. H. Har-
Ian, D. NJ. Pool, John S. Enos, J. C. German, Mar
tin Kelly, John W. Satterwhte Pierce II. Ryan.
On motion of Mr.. JOHNSON, the special order was
suspended until the present bill should be dis
posed OF.
Mr.. KANs mol ed to strike out the enactinr clause
Lost.
The bill was then passed by a vote of % to r.
On motion of Mr.. JOHNSON, S. B. 4-reating to
roads and highways-was taken up and read third
time.
Mr.. MoRELAND moved a call of the Senate
The roll was called and quorum present, and on
motion OF Mr. RYAN, further proceedings under the
call were dispensed with.
Mr.. JOHNSON stated that he should vote against
the bill on the grounds that he believed it unconsti-
tutional, but would not file protest.
s. B. was then passed by vote Of &c toe.
Mr.. JOHNSON moved to take up the second reading
file.
Mr. RYAN moved to amend by taking up A. B. IL
The President decided that the second reading
file in order without motion, and Mr.. Ryans
motion in order. Mr.. Ryan's motion prevailed
A. b. II was then taken up on the amendment OF
Mr.. SEARS to recommit to the Finance Committee
with instructions which motion prevailed by
vote of 81 to s.
At $50 Mr. MoREJAND moved to adjourn. Lost
The second reading file was taken up and, on
motion of Mr.. JOHNSON, S. Bs. and S were in
definitely postponed.
Mr.. JOHNSON asked leave to withdraw s. Bs O. 10
and g. Leave was granted
AT $685. on motion of Mr. RYAN, the Senate ad-
journed to meet at 10 o'clock tomorrow morning.