Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1883-03-02

Judge Irwin having discovered the error this morn.
ing, had the House pass 4 resolution requesting the
Senate TO return the bill 70 the Assembly
HOLSTERS bill to prevent the spreading Of fruit
tree pests and diseases and TO provide Sor their ex-
tirpation, was read the second time
At the afternoon session Nicol moved a sr1speu.
sion Of the rules and taking uo out of order for con-
sideratlon A. B. 1872, amending the Code of Civil
Carried.
The bill was then read second time. ordered en-.
crossed and to a third reading, and made ssscial
o-dcr for 10 A. NJ. to-day.
Caninett moved to take up out Of order Z r
schools. Carried.
Read the first time, ordered to second reading,
and made special order for II A. NJ to-day.
Storke moved a suspension of the rules and the
consideration Of S. b S55 an Act amending the Act
creatiag the Hastings College Of the Law in the
Unigers ty OF the State Of California. Carried The
bill was r, ad the first time.
On motion of Cutter it was declared case of ur-
geney, and he bill read second and third time and
passed by GO ayes and only one opposing vote
The Governor informed The Assem- ly that he had
approved A. b. 140-the oleomargarIne bill
Bibb moved TO take up out of order and consider
S. B. l22--an Act TO grant to Boards Of Health in
cities and counties the power to regulate the plumb
ing and drainage Of buildings.
Flynn and Simon asked that the bill be allowed its
first reading.
Keller opposed It, and intimated that the little
" iOker" was concealed in the bill Lost.
Caminetti, moved to suspend the rules to take
up from the first reading file Z. b. 3 1SS and 1s9 de-
clare il cass Of urgency read them first and
second time, and put them on their final passage.
These bills provide for thainvestmeut of the moneys
derived from State school lands in the bonds of the
several counties Of the State. The bill read the
Irwin, on motion, secured the taking mp and read.
ing A b. S2T, repeating the Code relative to phnr-
macy, a second time.
a. y. I6t, introduced by Flynn, an Act to declare
when vacancy exists in an elective appoinlive
office, Board or Commission, Of any county, city,
city and county, township, or municipality and pro-
vide for the filing Of the same was taken up on
the regular file for second reading.
Flynn took the floor, and in q strong, exhaustive
argument favored the second reading Of the bill.
In his remarls he referred to Mr.. Barry Of San
Francisco who is opposed to the bill, ana charged
him with Inconsistency.
Barry replied to the remarks Of Flynn, and re-
ierred to the frequent whipping into the traces Tor
political purposes Of certain members, and included
among the bosses his colleague. lie spoke Tor G
considerable time, and pointed or ors to the
bill. He claimed that the bill. as originally framed
by the author was bad legislation, and menace to
the lives aud property Of the city Of San Francisco
He referred 10 the people who were present from
San Francisco in the interest Of this BILL and claimed
that they did not represent the tax paying or re-
spectacle elements OF that city. They meet you, he
said, in the lobby as you core 10 and 20 cut, and
their interest In this bill is well known not to be for
the public good. Their presence here and their ac-
tions plainly indicate their business.
Booth opposed to the bill first, last and all the
time. 10 was a mere political dodge, and in the in
teress Of Democratic patronage. The bill was ne-
ther required nor desired by the people OF San
Francisco.
Levers advocated the second reading of the bill.
He charged that the police force Of San Francisco
corrupt, and referred 10 many unlawful acts OF
the Commissioners and policemen.
Coleman said the bill would remedy none OF the
detects and would put the matter into local politics,
where it should not go Although he had the great
est respect for the author OF the bi he mad none IN
the least for The bill itself He said he read IN the
Bible that out of certain land no good could come,
and he thought he could plainly zee the boundaries
Of that land now.
Cutter strongly opposed the bill
The House refused 10 real tie bill a sec5nd time
By q vote Of p ayes to Il noes.
Keller offered a concurrent resolution that the
Legislature adjourn on the 18th of March.
Moiii moved To- lay the resolution on the table.
Lost-s0 ayes to 30 noes.
The House then, at 5 P. NJ, adjourned.
COMPLIMENTARY CONDITION.
The Assembly Committee on State Library has
mace the following report:
Mr. Speaker: Your Committee on State Library
beg leave 20 report that they have examined into
the tffiEs Of the State Library, and found every
thing in proper eOnd ton. The books are well kept
and neatly and conveniently arranged. The increase
in numaer Of volumes by additions to the various
departments has been very considerable, and we
take pleasure in obse rving that the purchases made
OF works Of intrinsic merit and permanent
value, and adapted to the purpose OF making this
chiefly reference and scientific library. We find
the books, both Of record, Of purchases and dOna-
tions and Of finances properly kept, and the proper
vouchers for all the money paid out and the bills
properly audited by the President Of the Board of
trustees. The system of keeping accounts adopted
by the present Librarian is neat and accurate
and much to be preferred 10 the former method.
The employees Of the Library and the management Of
BRIcELAED, Chairman.
TIE TANGLE IN THE ASSEMBLY.
The majority appear to have tangled themselves
sadly IN the Assembly in the matter OF he appor-
uonment bill. The Journal showed, en- the day af.
ter the passage Of the bill that but FORTY members
had voted for it. According to the reports as pub
lshed, one member then spoke to the Speaker near
his desk, but not so loudly that the House could
hear him, AMI the Speaker thereupon directed the
Clerk to enter in the journal that member as voting
aye instead Of nay By this change in the record
the bill would have had the constitutional majority
The journal was then, by consent OF the House,
changed to meet the correction. Against this pro-
test was entered by several members and an appeal
from the decision Of the Chair allowing the change
OF entry to be made, was tabled. written protest
then offered, signed By twenty three rnenahers
that appears to be in due form and properly worded
Certainly il passes our comprehension TO discoveriu
it anything at all disrespectful. Il is lust such
protest as should have been entered if the right to
protest IS conceded at all, and even il not in every
particular correct, it was not discourteous But
the Speaker refused to receive it not because it
was not the right sf the protestants to have 1t en-
tered, but because he held it was discourteuus to
him. Now it develops that the gentleman whose
vote has cast such doubt on the whole proceeding il
satisfied that he in error in changirg the record
OF his vote, and that he really did vote nay If
that is fact, then it is also fact that the bill
by which the apportionment was made never re-
ceiyed the vote required by the Constitution and
is therefore improperly in the Senate TO which it
waa sent as q properly passed bill There can he m
doubt that the House has the right 10 correct errors
in its Journal and it proper TO say that the state
ment TO the Speaker by the member referred to
cannot be considered change Of a vote but rather
certihcation to him that the estTy of the roll call
IN the Journal was error. II would have been
best for him to have made it from his ssat on the
floor of the House, or TO have authorized L IT, as Is
said, he was too i'll to do 60 Hal the member
whose vote was in doubt the right to declare
at all what his vote was, IN order to have the Jour
nal correctedf By its action the House has con-
eefed tlst such testimoDycould be received and by
its vote it has itself borne testimony to the error
But minority protested that the member mad not
that right, insisting that the vote was properv en-
teret by the Clerk Of the House Now il being ad-
mtted that testimony be and should be received
20 correct error in the journal and it now deyeop-
ing that the member in fac. did vote nav and not
aye and that in making the CORRECTION OF surnosed
error the House actually committed e fer and
made q false record, how can the Assembly now
avoid by its own logic, setting itself right and so
certifying that the bull did not receive the reoui tie
voter The new testimony is substantiated by many
members; it agrees with the tally on roll cali sheets
kept by the clerks, by reporters Of the press,
and no one doubts that the member referred to is
now stating anything but the exact truth or that
ms Il st statement was made with any intent 81 lead
House is bound by the Journal as approved, and
that error can only be reached by expungine; but
if the facts justify it, they now appear to, let
that be resorted to. 1t is also now for the first
time, argued that forty is constitutional majority
nasmuch as the House has decided that but seventy
nine members were elected But the spirit Of the
Constitution eontemplates minority Of eighty and
The House has unifornlygo recognized it by curing
forty-one votes for passage OF bill Why il forty
is a majority, did the fiends Of the bill Yiol.ptly
compel The change Of the record? This matter ia Of
the gravest importance, aud the Assembly should
rise equal 70 the emergency and not throw it into
the Courts where it is csrtsin To 20 ii the error
made IS not corrected now. It may defeat the bin
for the session, but If constitutional majority did
agree to its passsge then it IS already debated
and should be. The people have provided the
methods by which laws are to be made, and any
substantial departure from them to secure never 50
good an end cannot be tolerated. Let il not be said
that any body of men elected by the people OF Cali
ifornia, having the power, will be guilty of such in
justice as is contemplated.
THE RAILROAD CoMPANY's ANSWER The
following is copy of document fled ia the
Railroad Commissioners office Wednesday:
To the Honorable Board of State R4iroad Com