Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-03-03
CALIFORNIA LEGISLATURE.
TWENTY-FoURTH SESSION = FIFTY. NINTH
DAY.
SENATE.
sscRAN NENro. March .. 1881.

President Mansfield in the chair. Roll called quo
rum present. Journal OF yesterday read and cor
rected.
Mr.. SATTERwHITE-I ask leave to introduce an ap
preparation bill
Messrs. HILL and JoHSsoS obj ected-
Mr. GLAscoCK-I move that the gentleman hav,
leave to introduce the bill.
Mr.. RYAN, second the motion.
Mr.. JoHNsON-I hope, for one, hat leave will no
be granted. This is the old thin lg over and ovei
again. 1t is mere attempt to ma Ike political capi
tai, in my judgment, and that is III there is in it
1t has never been customary usl lal for the Sen
ate TO originate appropriation bills, if am correctly
informed and therefore for those two reasons and
others that might state trust that leave will moi
be granted.
Mr.. HILL trust that leave will not be granted
to introduce this bill AS Senator John son has said
1t is the custom to originate such bills IN the other
house, and they have bill there row, and if they
send it in to US, then it will be time for to act
trust leave will not be granted
MIR. SATTERwHITE-It is very true that this is of
fered sir for political capital. do not expect that
the Senate will allow the Introduction Of this bill,
and think perhaps the Democratic party nd men,
bers of the Legislature make political eapi
tai out OF this thing by Offering bill here. 1t is
very true that it is not usual for such bills TO be
troduced in the Senate. l never knew of appEo.
priation bill originating in the Senate. But, sir
no such extraordinary juncture has ever occurred
in the State of California exists to- day-that is
the majority party Intentionally refusing to pass
appropriation bill. That is the reason, sir, that
offer to introduce it.
Mr.. VEST shall vote against the introduction of
this bill at this time, and shall not vote against it
so much on account of any political bias may en-
tertain as on account of the demands of the south
ern part of this State. | opposed to the intro
duction or consideration Of an appropriation until
we get the apportionment, and until this Senate
passes the apportionment bill. Our part of the
State from which the Senator halls has not been
represented especially this floor, as we should
have been In point of numbers. Therefore | shall
vote against the introduction of this bill.
MIR. ENoSl snail vote for the introduction of this
bill shall vote for it not that desire any polit
icai notoriety, either. shall vote for this measure
first, because it is indispensably necessary that
should have an appropriation bill passed for the
support of the Government for the next two fiscal
years. shall vote fer it because If do not pass
this bill it will necessarily throw the whole response
bility upon the State, and compel the Governor to
call extra session OF the Legislature. Ii pass
this bill then we shall relieve the Executive of the
responsibility. We shall save the people Of this
State S35 900, yes, 800 O00 by passing this appro
priation bill. l shall vote for the introduction of
this bill because we have waited and waited for the
appropriation bill that was introduced in the other
house by the Chairman OF the Finance Committee
of the Assemb!y-which introduced more than
four weeks ago,
After further discussion the roll was called, and
the motion was lost by vote of % to 10 ayes,
Messrs. Nye, Watson and Lampson voting with the
Democrats.
On motion of Mr.. TRAYLoR, the Senate took up
the third reading file. as follows:
A. u.
Civil Procedure, relating to the practice and the
action of interpeader (by Mr.. Platt) was passed.
A B. 1S3, to correct the spelling Of the names of
two OF the Commissioners for the former pueblo or
city OF Sonoma, and to render valid their past acts
(by Mr.. Whipple), was passed
A. B. 199, to amend Section 500 Of the Penal
Code, relating to proceedings in criminal actions
prosecuted by indictment (by Mr.. McClure), was
passed
A B. 67, to allow incorporated towns and villages
10 equip and maintain a fire department, and to
assess and collect taxes from time to time, for such
purpose, and to create Board of Fire Commission
ers (by Mr.. Freer), was passed.
A. B. 106 to repeal an Act to confer certain
powers upon the Board of Supervisors of the county
Of San Mateo, approved March 20, 1878 (by Mr.. Eel
ton), was passed.
A B. 267 to amend Section 1903 of the Code of
Civil Procedure, relative to fixing days for hearing
petitions for probate of wills, and relative to giving
notice Of such hearing (by Mr.. McClure) was passed
A. B. l0S TO amend Sections 20t. POS, 206 20S,
209 211 215 and 2i1 of the Code of Civil Procedure
relating to selecting, returning and drawing jurors
for the Courts of record in this State (by Mr.. Kill
burn), was passed.
A. B. 152, to amend Section 4l09 of the Political
Code, and to repeal Sections 4024 1927 and all OF
said Code, relating to the election and terms of
Office of county and township officers (by Mr.. Hart
SOM, was taken up.
MIR. KANE owed to recommit to the Committee
Elections, with instructions to amend by except
ing the city and county of San Francisco from the
provisions of the bill
An argument followed, Messrs KANE Exos and
HTTRLL speaking in favor of the motion, and
Messrs HILL SEARS JOHNSON and NEUAANN against
The motion was lost by vote of u ayes to 25
noes.
Mr. GoRMAH moved to recommit the bill to the
committee, with instructions to strike out the words
city and county and report the bill back imme-
dately. Lost by vote of "a to IA.
Mr.. GoRMAN moved to recommit the bill to the
committee with instructions to amend Section 4, so
fal- NIatt AfaNN.
January, 1882. Lost.
The bill was passed by vote of % to IA.
Mr.. GERMAN gave notice Of reconsideration on
tomorrow.
messages, with the object to bring up A B. 475,
amending the Political Code in relation to the
on railroads by the State Board OF
Equalization.
The motion was carried by vote of 10 to IS
Mr. JOHNSON asked for a roll-call, on the
ground that Senator Pardee had not voted.
After considerable parliamentary wrangling, Mr..
SEARS moved to reconsider the vote by which the
motion had prevailed.
Mr.. HILL asked that Senator Baker be excused.
Mr.. JOHNSON moved a call OF the Senate, but SUBJ
withdrew his motion on the promise OF
Mr.. Davis, who intended to vote against recon-
that he would pair his vote with Mr..
Bakers
The roll was called and the vote stood 10 ayes to
10 noes, Mr.. Davis having voted in the negative
Another wrangle followed, and Mr.. Davis, in re-
spOnse to second call of his name paired with Mr.
Baker.
Messrs HILL and WEST objected to Mr.. Davis,
pairing with an absent Senator and without that
Senator's knowledge
Pending discussion. Mr. WEST moved that the
hour of be extended until the result of the
last vote was determined.
The motion was lost, and the Senate took the
usual recess.
Afternoon Session.
The Senate reassembled at . P NJ
ND aproin nyalt hat A ltrT
sages be taken up.
Mr.. JOHNSON moved a call of the Senate. Carried
Senators Baker and Lampson were found to be
absent.
Mr.. Hull moved that further proceedings under
the call be dispensed with. Lost.
Mr.. JOHNSON made the same motion. Ruled out
Of order
Mr.. JOHNSON moved to adjourn. Lost
Mr.. JOHNSON again moved that further proceed
ngs under the call be dispensed with Carried
After considerable discussion Mr.. Moreland's mo.
tion was put and carried by vote of 10 to Is.
Assembly messages were then read.
Mr.. WENDELL moved that \. 3. AVS be declared a
case of urgency that the constitutional provision be
suspended and that the bill be placed upon its final
passage He defined the object of the bill as being
merely to correct defect in the present revenue
law, by which the railroad companies had been en-
abled to escape taxation, and compel them to pay
their taxes.
Mr.. JoHSsoN-I deny the statement of the Senator
from Soano. aver that this bill goes further than
simply amending title. l aver that this bill goes
further and imposes additional burdens the rail-
road company and fixes a different method of as
sessing the railroad companys property from that
fixed for any other class Of property in the State of
California. j aver that the author Of this BILL with
that accums which distinguishes him. has left out
a very important word in this proposed amendment
Of his and that while hitherto the law that property
shall be assessed to the railroad company as for
other purposes at its cash value he has left out the
word 4" cash" i aver that this Dill imposes addi-
ti0nal taxes upon the companies imposes additional
duties upon the Board Of Equalization; imposes
additional duties upon the Assessors: changes
the method of assessment i examined the
bill in connection with Mr.. George, and found l3
changes in the statute Of last wi',ter and yet the
Now, submit that the proper method Of dealing
with this matter is to let it go the Finance Com
mttee. Iapprehend that the railroad companies of
this State pay their taxes equally well with the
Senators from Los Angeles Monterey, Solano and
Santa Clara, and apprehend that the railroad COM
panY will be found upon examination to have done
their full duty to the State OF California as well
as other people, or other corporations and |
apprehend that the time has gone by in the
language of the Senator from Yuba when it is only
needed to raise the red flag of railroad railroad,
railroad to sudoze, or TO locomotive bill through
this Senate, or Assembly, Legislature. The rail.
road company, as | understand it, has expressed
their willingness to pay a reasonable decent and
a proper rate Of taxation. They aver that certain
have been incorrect, nd when the
proper time comes for discussion upon the matter
apprehen3 that can show to the majority Of this
Senate that assessments made have been unfair un-
by the letter the spirit Of the
that system of assessment has
been adopted which would crush all railroad en-
terpTise, assessing them 50 900 per mile for their
in addition to the assessment upon their