Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1883-01-20

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on the miners. Now there are hye coun
lies that had banded together, as a matter oil lie
and daath in demanding this action. The valley
neonle could not afford TO wait for Judge Sawyers
decision. There was danger of fl bod coming at any
time that might the lands OF the valley WITH
debris He urged also that 10 the event of he de-
struc,on of the nayi aton OF the Sacramento river
competition would be removed, and the railroads
could control the entire carrying trade
Campbell of Souoms sal tnat while he had re-
uorte adversely to the BILL he would favor its first
e.ding in order that there might be full discus
sion Of it.
Farley opposed the first reading of the bill, and
said that it would destroy one of the great st indus
trie, of the State 1t meant the corfiscaton OF the
property Of the miners by allowing one man 70
bring into action every miner IN the State. Ii u
was limited to the iOinder OF miners operating on
one stream in one county, the mining men would
not oppose it.
RYAN of Sacramento asked that the bill be allowed
first reading He said that the people of the Sac
ramento valley desired 70 have this bill passed Ss
speedy remedy. he could not see why the Leglsla-
ture should desire to compel the people Of the
valley to bring forty suits where one would answer
the same purpose.
Leverson favored the bill as correct in principle
and applicable TO all nuisances IL was wise ana
just law, and had been recognized as such Tor TWO
thousand years in other countries
Booth OF San Francisco had joined with the ma
iority of the commit ee in reporting adversely to
the BILL but he should favor its first reading Ii 1t
was proposed to amend 1t so as TO remove some
-
the farmers he would favor its passage.
Granger OF Butte said that ne came from section
of the State where the people were nearly equally
divided on this question. He would vote for the
first reading Of the b in the hope that it would be
SO amended on iecond reading as to do
Justice to both Sides He hoped that the
Assembly could agree upon some plan
which would do justice to both the great interests
Of mining and agriculture The people of his
county elected their representatives, on the SUPPOSE
ton that the debris question going to be settled
BY the Courts. The miuers were now in accord with
the principle that all must take care of their own
go as not TO interfere with the rights of others. He
desired 10 an amendment adopted that those IN
one county, on one particular STREAM could be made
defendants in one action.
Caminetti said that the bill was reported against
BY the Committee Judiciary purely legal
grounds. 1t lmpracticable and unjust, because
it permitted person to be made party defendant
| even if he were not engaged in mining
Simon said that the Constitution of the State and
OF the United States guaranteed to all citizens
tain inalienable rights, and this bill to al
the farmers OF the valley to preserve their rights
| by going into the Courts and having justice melted
out to them. He deprecated the action of the ma
iority of the Committee on Judiciary in not recon-
mer ding amendments If their objections to the bill
were to the form and not TO the principle. AS an
| illustration, he said that the miners had no more
right to pour down their debris upon the lands OF
the people in the valley, than he would have to go
upon Telegraph Hill in San Francisco with fire
engine and wash down that hill upon the property
| of those below.
Irwin said without reference to the effect it will
| have on hydraulic mining, that it ooens up other
classes of litigation II am action Is brought under
this bill 1t will include every mine in the State
quartz, seam or gravel Actions can be brought in
Sacramento county injurng parties in Siskiyou, Ell
Dorado any other county in the State. 1t makes
no distinction whether the matter Is large or small
| Il may be large cOrpo' alton or poor man barely
eking out an existence for his family and unable to
attend the Courts or defend himself In the action.
Still default will be catered, and he will be per
petually enj0ined. He opposed 1t as a species OF
| class legislation.
Cutter said that the bill did not contemplate suits
against any but hydraulic miners. Judge Temples
| decision had declared failing into a river to be a
public nuisance and the miners had not carried it
into the Supreme Court because they knew they had
| no case.
| Mathews said he would favor the first reading of
| the bill, and would support it hereafter if 1t was
| amended in particulars. 1t Vas question
that ought TO be met at this session of the Legsa
| ture.
Lewison said that the slickens question was not
properly before the Assembly. The committee had
| reported ten to three against this bill purely on
| legal grounds The author of the bill was attempt
| ing to mislead the House, and had tackled his
amendment on to the wrong section of the Code.
johnson sail that he represented an agricultural
county, and his sympathies were with the aRricul5-
| ural interests of the State He was member of
the committee, and objected to the bill because it
| enabled the farmers to throw dragnet all the
State and bring every miner into one suit. The ag-
riculturiss have the right to-day to bring I'll the
suits they desire. Under this bill every miner
gagged on any river whose waters empty into the bay
of San Francisco could be Joined in one suit and
dragged to San Francisco or Sacramento to defend
suit brought by one small farmer. bill to permit
persons having comm unity OF interest ;ert
Of action to be joined in one suit was thing
heard Of in common law. He would favor the first
reading of the bill.
Terry moved the previous question, and it was or
| dered
The Assembly decided to read the bill first time
BY a vote of IS to Farley and Lewiston voting in
the negative
The Assembly then took recess unit P. NJ.
In the afternoon large numbered bills were read
first time without discussion until A. B. 81, to
amend the law relating 10 persons of unsound MIND
by Leverson, was reached. The author OF the bill
said he believed he could convince the Assembly in
few words that the bill should pass, notwithstand
ing the recommendation of the Committee Ju-
dietary that it do not pass He said that the bill
was designed to put an end to the insanity law by
which rich murderers can almost always escape the
punishment due to the oense. TIE substance of his
bill was that if insane man commits murder or
other crime he shall be sent to lunatic asylum. IT,
on the other hand he is not insane, he must be
tried for his crime. The bill read the first time
Ryan's bill allowing marTiedfwoman to act as
administrative came up on second reading. The
Committee on Judiciary reported substitute pro
| viding that married woman may be appointed ad-
ministratrx OF an estate where she is the sole heir
| Mr. RYAN spoke earnestly in favor OF his bill as
introduced and against the substitute offered by the
Committee on Ju1clary, and the Assembly suS
tanned him by voting down the substitute and order
ing the original bill read second time and en-
crossed.
Murdoch offered a concurrent resolution provid-
ing that the present session OF the Legislature shall
consist of sixty working days, end that Sunday
shall not be counted in calculating the per diem Of
members and employees Referred to the Commit
tee on Judiciary
Various committees made reports.
Storke introduced a bill for the organization Of
| munic pal corporations
Lsverson introduced a bill to amend the Act to
regulate the practice Of medicine, aud twelve
amendments to the Contribution.
Simon introduced bill providing for the payment
| of the claim of Daniel McNea
The Assembly took up and passed the Senate con-
current resolution directing the State Engineer 10
proceed Immediately to the State Asylum for Deaf,
Dumb and Bind, and the State University, and
port plan for the disposition Of the sewage of
| those institutions.
81, by Terry, providing the manner in which
preferred labor claims may be disputed reported
correctly engrossed read third time and passed.
Also, A B. ISL, by Gaussai making appropria-
ton for the support OF the State Printing Office for
| the fiscal year ending June 80, 1888.
at o'clock P. NJ the Assembly adjourned.
COMMITTEES.
The Senate Committee on Education held meet
ing Yesterday. S. 3. 81 aboiishing Teachers Insti
tues was discussed, and made the special order for
the next meeting McClure's bill relating to the
publication of State series OF text books was laid
on the table for future consideration.
Assembly Committee Agriculture held