Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-04-05
ASSEMBLY.


SACRAMENTO, April 4, 1881.
The House assembled at II noon today in extra.
ordinary session, pursuant to call by the Governor,
Speaker Parks in the chair and all the House oice
in attendance The Clerk called the roll and the
following members answered present
Aviso, Baker OF Yolo, Bost, Brown, Burns,
Camron, Chandler, Coleman, Crank, Gun
ningham, Daggett, Del Vale, Edwards, Estey,
FELTON,, Fraser Freer, Garrity, Gavigan, Ge1ry,
Gilmore, Griffith, Hale, Hendrick, Hinshaw, Hott,
Holden, Howard, Jackson, Jones, Keating, Kellogg,
Kburn, Lane, Leake, Lewis, Long, Mason,
Mathews of Tehama Matthews of San Benito, May,
Mccall ion Mcclure McMurray, Noonan, oConnor,
Paterson of Nevada, Patterson OF San Joaquin,
Paulk, Pinder, Platt, Reddick, Samuels, Streeter,
Swift, Van Fleet Warkins, Wason of Ventura,
wasson Of Mono, Wentz, Wnipple, Wood, Young,
Mr.. Speaker.
After prayer by the Chaplain the Clerk read the
proclamation Of the Governor (Heretofore pub
iished in full in the RECoRD-UNIoS
On a motion by Mr. HORT TO notify the Senate
of the organization OF the House, Mr.. GILMORE
raised point Of or Ter that the House was not
organized.
The Chair held the House to be regularly organ.
lied by its officers all being in place as elected at
the opening OF the regular session.
| Mr. KELLOGG offered resolution as substitute
to that of Mr. Hoitt, that the House proceed to or
ganize by electing certain officers.
On a point of order by Mr. PLATr, the Chair ruled
the motion out of order. The House, If not organ
| lied cannot entertain the motion under the pre-
vaijipr organization. If the House had desired tC
organize over it could have done at II o'clock
and if it should have done tb n, the Speaker is
| usufper However by consent debate would be
| heard on the resolution.
| Mr. KELLOGG argued that the officers do not hold
over; that an extra session. so far as officers are
concerned is a new Legislature, as they elected
| not fer a legislative term, but for the session.
| Mr. MAY held that the officers hold over, and
thought there could be doubt of it. This is the
| cath, not the 25th Legislature There is no prece
! dent that the officers lose place by adjournment
sine die, except at the end of the term. The Sen
| ate re elected this year, but it was new Senate
alt hough composed OF the same men as in the 23d
Senate The able editorial in the RECORD UNION on
| Monday fully covered the ground.
He read from Cushing's Elements in support.
| Mr. FRRER held to the same views, and said the
adjournment sine die was adjournment without
day, but that did not cut off the terms when day
| is given for reassembling. He read from CushDg's
! Elements in support and additional sections to
those already pu oished in the RECORD UNION, show
| lug that the clerks hold (until removed by resou
tion) for the entire term for which the Legislature
| is elected He opposed reorganization because il
would cause delay and be revolutionary in charac
| ter. He wanted to expedite business.
| Mr.. GRIFFITHs favored reorganization. He cited
| the journal OF the House Of Louisiana, March
1873, then convened in extra session. where the of
fcials retained by resolution regularly passed
| Also journal of the Iowa House, January, 1862 in
extra session, where, by resolution the old officers
| so far deemed necessary, were reappointed
Also journal OF the Senate of Illinois, 1867, extra
session, when by resolution certain Officers were
4
| extra session, when the House entered into a new
election. He said if any doubt left as to the
| matter it might involve the laws passed. and so a
reorganization had better be had There might ssC
| be officers who be dispensed with.
| Mr.. Wason of Ventura in the chair.
| Mr.. YOUNG had at first thought adjournment sine
| die dissolved the organization, but examining
the law he had come to the settled conviction tina,
| he had been in error Adjournment is term
| somewhat confused in some minds; adjournmen,
| is not prorogation, not dissolution. The members
elect constitute the Legislature when not in
session, and hence the power given in the Consti
tuition to cal the Legislature together after adjourn
ment, thus recognizing the existence of the body
though not in session. He cited Cushings Law and
Practice, Section 1916, in support.
Mr. JACKSON said the strongest legislative prece.
dent cited by Mr.. Griffiths was not worthy of at.
| tention because of the character of the body in
Louisiana
Mr.. KELLOGG spoke in support of his resolution,
and held the officers were pad for the session and
not the term.
Mr.. FELTON, held the Legislature TO be regularly
and properly organized but there is diversity
of opinion resolution retaining The officers of the
late session will cure any possible error
Mr. PLArT, Mr. JAcRsoN and Mr.. IAN FLEEI
moved the previous question: and it was ordered BY
3S to q. On the substitute resolution OF Mr..
Kellogg the following the vote
Ayes-Burns, Camron Coleman, Del Vale, Ed