Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1883-02-13
Tsg LEGISLATURE.
Proceedings in Both Housea-charters Of
Corporations-gh Industrial Exhibition
Bill In the Assembly.

:
bly, until 5:l0P. N.
. The Senate was called 10 order st 1:so P. NJ b,
, Lieutenant Governor Daggett. A call Of the roll
showed that only eighteen members were present
? Within five minutes however, three other Senator
came in, and business wls proceeded with.
English, Del Vale and Yrooman were granted Ont
, DAYS leayeof absence.
The Committee on Corporations reported back tht
bill Introduced by Kelly Of Selano. to amend See
: ton S72 Of the Pencil Code relating TO nuisansei
! Cznown as the anti-debris biil), with the recon-
mediation that it be referred to the Committee oil
Mines and Mining. It was referred. Also, favor
ably, Kellys (ei francisco s. b. III, to regu
late Insurance companies also. favorably, Will
amendments, Cronans bill to prohibit gas and wate
companies from charging consumers for pipes com
municating with supply pp=s or street MAINS anC
the line Of the street sidewalk curb fronting thu
premises 10 be supplied, and there making connec
ton with the pipes of the consumers. Also, with
out Recommendation, Reddy's S. b. 229. amending
Section 473 OF the Civil Code relating to the consol
idation of the capital stock, debts, profits, asset
and franchises OF railroad corporations, and Il
authorize such consolidation between railroad cor
p1r;tions organized in this State and railroad cor
porations Of adjoining States. Also, adversely
Lynch's S. B. 277, concerning savings and losn
porations
Under the new order Of business the Senate Their
took up ard resd first time S. BIS 81 and 65-the
Senatorial and Assembly spportonment biils, intro
iuced by Del Vale.
The road bills were all passed on file.
Whitney introduced bill providing that nc
street railroad company shall collect higher rate
of fare than frye cnts within the corporate limits
of the city or town.
taking into possession, driving using or killing any
stock not owned by the parties. Makes 1t a INSIDE
meener 10 kill any unmarked or unbranded bull,
cow calf OK beef steer, sheep, goat hog, his
| own, although the owner OF such animal be fun
known or to sell any hog with the head or head cut
| of, any dead hog with the ears newly marked
or to alter or change any brand on any animal, or to
brand or mark stock nottbelonging to the party,
WtlGllt consent OF the sell unbranded
| hides
Knight introduced bill providing that moneys
remaining in the building fluid of any school dis
trict after all bonds and Indebtedness shall have
been paid shall be paid into the county treasury,
subject the order OF the trustees OF said district
Foster introduced bill to add certain sections to
the Civil Code OF this State in relation to the fran
chises Of corporations, to be known as Title XYI[
OF Part ". OF Division First OF said Civil Code. 1t
provides that any corporation formed or existing
under the laws of this State, which shall here
after be formed pursuant to any law of this State
| which shall be delinquent in The payment Of its
Stste county, city, or city and county taxes law
fully assessed upon its capital Stock property assets
or franchise for period Of six months shall forfeit
its franchise. Upon information in writing, ver-
fed by the oath of any three taxpayers OF the State
or by the District Attorney, or any Supervisor of
any county city, or city and county, that any
poration is delinquent in the payment Of its taxes
upon ts capital stock property, assets or franchise
In any county, the attorney General must file q
complaint in writing in any Superior Court in the
State where the delinquency exists and the Court
must thereupon cite said corporation defendant by
| the service Of summons upoti any of its officers
| upon whom a service OF summons is required to be
made by Subdivision l., Section AL OF the Code Of
Civil Procedure TO appear before the Court at time
not more than ten or less than five days from the
time of complaint, and within twenty days must
proceed sumInary to hear the accusation and evi.
dence offered in support Of it, and the answer and
evidence offered by the corporation. If it appears
that the allegations are sustained, the Court must
decree that the corporation forfeits its franchise.
Taylor's bill declaring certain streams and waters
public ways was read first time
The next bill on the first reading file was S. B.
rs, by Chandler, relative p the powers and pur-
poses Of corporations.
Kellogg said that he opposed to the bill being
| read first time, second time ever becoming a
law OF the State. He admitted that the author, in
introducing it, was actuated by an honest motive,
but he based his objections upon two grounds
First, that it plainly in opposition, not only to
the express words, but to the intent Of the Consti
tuition next that it was against public policy. He
claimed that it was clearly in violation of Section
of Article MI. of the Constitution. The word
" charter as used in the Constitution, meant
" articles OF incorporation" Under the bill two
thirds Of any corporation in the State could enlarge
diminish or add TO its powers and purposes. 1t
would allow the large banking corporations, such as
the Bank OF Nevads or the Bank OF California, to 90
into the manufacturing milling, transportation or
any other business. 1t would allow railroad cor
porstion to engage 10 any aud all kinds OF business
He believed its operations would prove most dsas-
| trOuS to the people OF the State.
Chandler defended his bill lie thought the gen.
tleman from flunas was unnecessarily frightened.
All that corporation now has TO do if they want
to increase or diminish their powers Is to dsincor-
porate, and then reincUrP0rate and take on those
powers. That was what done N the case of the
| Grangers' Business Association But the trouble
| was that it made great coat. This bill simply per-
mit5ed corporations amend their charters with ut
going to the expense OF disncorporating and rein
| cooperating again.
Mcclure, Whitney and Cross took the same
ground, and said that the bill would injure the
people Of the State. 1t was to NEST just such
as that Of the Changers Association. MIR. Cross
thought there might be little doubt about the con-
stitutonaity Of the BILL but he thought it con-
stitatIOnal
Kellogg cited Sections 355 aud 500 of the code in
| connection with Section Of Article XII. OF the
Constitution. He believed that the people of this
State opposed 10 aggregated capital getting any
more power than it has now. Ii So this bill should
receive very close and serious investigation
The bill was allowed first reading.
When the bill to pay out certain moneys paid into
the Treasury under the act to promote drainage
was reached, it was recommltted TO the Committee
on Claims.
The bill in relation to the printing of the reports
Of the Supreme Court at the State Printing flee
met violent opposition from Cross, and warmly
defended by Pitcher. 1t was allowed first reading
by vote If II TO II
Filchers bill IN relation 70 examinations aad
plants also created eonsidera Die discussion and
refused q first reading
Spencer OF Napa introduced bill in regard to the
management of the Napa Insane Asylum, and
Perry in relation to swamp lands.
Sullivan introduced resolution calling upon the
Committee on Commerce and Navigation to report
back s. b. 22S, in relation to the State Board OF
Harbor Commissioners, Wednesday, and it
awoke one OF the most animated AID personal dis
cussons OF the session.
Cross moveU to amend that the committee report
az soon as they reasonably can.
Ryan moved TO amend that the committee report
| forthwith, with recommendations.
Both amendments were lost and the original res
olution adopted by a vote Of "a ayes to noes.
The Assembly session commenced at 10 A. NJ,
| Speaker La Rue in the chair.
number OF unmportsnt bills were introduced,
none Of which will reach the thIrd-readng file
of the Senate, even if there is time to get them
| through thu Assembly.
Whartons bill, to prevent the sale of adulterated
milk Bowers bill, amending the law rel ting to
elections upon questions of the issuance of bonds
Of school districts for the purpose OF raising money
for school purposes; Terry's bill, relating to APP
pas in criminal cases. and the one prescribing pun
| shment fol obtaining money or property by false
| pretenses and by false reports OF wealth lrwlns
bil relating to elections held votes had for any
purpose by corporations; Reeves bill, relating to
! the payment OF moneys received by certain lands
and school land warrants; whartons bill, to make
the furnisher of intoxicating liquors responsible for
| damages; Terrys bill, relative to the proceeding
| supplementary TO the execution, and the one pro.
yidlng that ignorance or mistake OF fact shall con-
stitute defense to certain accusations Farley
BILL to pay the claim of n. b. Fish; sinon's BILL &c
pay the claim OF Daniel Mcneil; and Coiemans OIL
10 amend Section 3J4 OF the Civil Code, relating to
corporations, were passed.
| The Committee on Rules reported in favor OF the
resolution providing for sessions from 1S9 p NJ to
| 10 P NJ.
After recess, on motion of Farley, the resolution
| was LAID on the table.
O'Connor's bill to enable Boards Of Supervisors or
other legislative body Of any city and county, city
| or town, TO fix the price OF gas, was passed.
CampbePs bill amending the law for the protec-
ton Of game refused passage by vote CT 30
ayes TO II noes. He gave notice cf motion to re-
consider.
YelIs bill to amend Section 635 of the Penal Code,
relating to the use of poisonous or explosive sub
stances in fishing, and the placing passing into
the waters of this State deleterious matter, was
taken up This Is the saw dust bill. which has
been so persisteutly fought by the Nevada delega-
ton from the time of its Introduction in the House.
The previous question called for and all debate
/ cut off
| Granger moved to fer to the Committee Fish
/ and Game, with instructions TO add proyiso per-
hitting the Boards OF Supervisors of the several
counties the right to gulste the same Lost.
5he bill was refused passage by vote Of 20 ayes
| to 80 noes.
Leverson's bill amending the law relative to the
confinement of insane persons for crime was dc.
feated
The following bills passed Irwias bill au-
| thorizng and directing the County Judges of the
| several counties to EXECUTE esrtaiu trusts Twins
bi requiring corporation to file i'll the office of the