Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1883-02-08


the same.
Baldwin submitted a minority report, and recon-
mended the passage of the original resolutions.
message from the Governor was received trans
hitting the following nominations w. W. Smith,
Of San Bernardino, Brgadier General First Brigade
vice G. W. C. Rowell; James A Shepherd, OF San
Joaquin, Brigadier General Third Brigade, vice
Thomas E. Ketchum; John T. Carey, OF sacra.
mento, Brigadier-Generll Fourth Brigade, vice L.
Tozer, not confirmed The consideration of above
appointments was made special order for Friday at
M.
The following bills were introduced aud referred :
BIZ Sullivan, AUTHORIZE G the Board of Regents OF
the University of California to convey certain lands
By Knight appropriating 500 for the purchase of
for the use of the teachers and students
OF the Deaf, Dumb and Blind Asylum. Also bill
amending the Code of Civil Procedure, relative to
wills.
BY Filcher to amend Sections 1864, 3665 and 6774,
Political Code and to add six sections thereto,
and to repeal Section $780, relating to revenue, and
particularly to the assessment of railroads by the
State Board of Equalization, and the collection of
taxes due upon such assessment.
By Baldwin, to exempt volunteer fremen from
paying poll tax.
By Kelly of Solano, to amend Section 1913 OF Po-
litcal Code relative to requiring persons confined in
the county jail TO perform labor public works or
the roadwaYs OF the county. Also pill to amend
the Civil Code by adding two sections, relative to
misunderstanding that hydraulic mining, where
the debris, etc. is allowed to fow into any OF the
and in actions to abate such nuisances, where no
damages are claimed or for injunction, all persons
or corporations contributing to the creation
or continuation OF the nuisance may be Joined as
defendants
The following resolutions were introduced out Of
order:
By Lynch, directing the State Printer to print 200
copies OF the testimony taken in the Investigation of
the afairs Of the Board of Pilot Commissioners and
the Board of State Harbor Commissioners Adopted
By Fi'cher, requesting TIE Committee on Contin-
gent Expenses t. ascertain which OF the employees
and committee Clerks of the Senate be dispensed
with. Adopted.
The file taken up and S. B. I21, regarding the
appointment of Superior Judge for Mono county,
was argued at length by Reddy
AFTERNOON SESSION.
Reddy continued his remarks in favor of 5. B. 121
and the bill was finally passed to third reading
s. B. III and S B. lao, relative to the publication
of school books, was made special order for the
10Th.
The Senate went into executive session for the
purpose of considering the appointment of r. H.
Buckingham, o: Yolo, as Fish Commissioner and he
was unanimously confirmed
Business was then resumed in open session. S.
B. go to determine when husband and wife may
testify against each other in criminal eases, was
considered length, and several motions were
made ami voted on, but the bill failed final passage
by is ayes TO is noes.
Second reading resumed:
s. D. 10, relating to the destruction Of game,
was made special order for Friday at 2:30 P NJ,
owing to S. B 49, not being printed.
S. 182, concerning persons passing through in
closed land, tearing down fences, and hunting upon
inclosed lands This BILL as well as g. B. 1888, was
continued until the same time.
S. y. ~, providing for the care Of insane Grim
iuals and persons charged with crime, came up on
motion to reconsider the vote by which the enacting
clause was stricken out on first reading. The mo.
ton to reconsider wSs carried, and Knight moved
the enactiDg clause be restored. Carried. Perry
introduced an amendment changing the location Of
the prison from Folsom to San Quentin. Carried
Knight offored an amendment, making tho appro-
priation $4,000 in lieu of $4,000, and Kellogg Of
fered amendment that it he made So 600 The
latter was lost and the former adopted
s. b. 9S, relating to proceedings for new trials,
was read second time
Pitcher introduced bill to divide the State of
California into Congressional Districts.
w. w. Doughty offered resolution direci ing the
State Printer to report upon the cost Of printing
school books Adopted
Spencer of Napa presented petition requesting
that in The preparation of the bill for the organz-
ton and maintenance of municipal corporations
there should be provision allowing for small tax
for the maintenance of free public library, to be
kept open every evening. Ordered printed.
The Senate then adjourned.
ASSEMBLY.
The Assembly met at 10 A. NJ, Speaker La Rue in
the chair, and quorum present. Prayer by the
Chaplain.
Messrs. Sweetand and Ferry were given an in
definite leave of absence on account of sickness.
The reading OF the minutes was dispensed with and
the argument A. B. 30S relative to railroad com
panies, was resumed.
Cutter moved to strike out Section 4, which for
bids any railroad company organized under the laws
of this State to accept any charter franchise from
any other State. Barry opposed the motion briefly
and followed by Cutter, who advocated it.
Granger, storke and Simon also opposed the motion,
and there was running argument upon the ques-
tAu 1nen %
Mr. Levi offered an amendment to the see-
tion which forbds any company organized under our
law TO accept foreign franchise without receiving
consent OF tw0thir1s OF the Board of Railroad Com.
missioners The amendment was seconded by Cutter,
and Granger offered amendment, without
the consent of the Legislature of this State and
gued that the Railroad Commission had not power
TO grant such authority.
Leverson contended that they had and upon this
point he reinforced by Cutter, who quoted the
Constitution upon the point and said if the Consti-
tuition meant anything at all, this bill was OF no
value whatsoever and was entirely unconstitutional,
as it takes away from the Board of ailway Commits
sioners powers which the Constitution gives them
Granger opposed the substitute He said the
Legislature could not delegate of the preregatve
rights Of the Legislature TO any Commi. sion.
storke and Caminetti both spoke against the sub
sttute and it defeated BY about the same vote as
the previous question.
Coleman offered as an amendment, "Unless by
special charter" and this amendment after debate,
Shared tne late OF predecessors.
Sections and were passed without amendment
but when Section was read, which provides that
any railroad corporation violated any provision of
the Act its property should be confiscated by the
State Cutter offered as an amendment, and its
Directors shall be imprisoned for lfe." Ruled out
of order.
Johnston moved to strike out Section g. which is
IS TO lows: son the expiration or forfeiture Of
the charter of any railroad orloration its road and
appurtenauces and tight OF way acquired by 1t re-
main vested in the people OF the State for public
Its other property shall be Sold and the pro-
eeeds, after payment Of its debts and liabilities d.
yided among its stockholders"
Johnston objected TO the section as it might work
reverson to the State of private property leased to
TIE railroad and great quantities Of land secured by
the railroad by private purchase 1t is clearly
constitutional, Illogical irrational and outrageous
The House refused to strike out by vote of At
to IL.
The bill was finally passed to q third reading, DO.
ing snly amended so as TO correct typographical
errors, ordered engrossed and printed, and made
special order fer this morning at 10 O'Clock.
Reports from standing committees were received
with recommendations.
New bills we're introduced as follows
By Farley, relative to notice of assessment on
stock
By Atweii, to amend Section 2s3 of Article L
Chapter l, Title OF Part w. of the Civil Code SO as
to read as follows: ga corporation is a creature of
the law, having certain powers and duties Of uat.
raj person. Being created by the law, it may con.
tinue for any length Of time which the law pre-
scrioes bnt the refusal of any corporation to COM
ply with the laws OF the State or to pay to the State
the taxes levied and assessed upon its property or
to regulate its freghts fares tolls in accordance
with the laws Of this State shall destroy its person.
atty and it shall be longer entitled to protection
under the laws Of this State or to the pfocesse. of
any Court of this State in any action for its protec
ton"
By Culver, Coroner to appoint an assistant to hold
autopsies.
By Campbell, organizing and defining the duties
and payment OF salaries Of the Railroad Co rmis.
sion.
By Coleman, 'or the relief Of the Pacific Transfer
Company.
AFTERNOON SESSION.
Under consideration OF the general appropriation
bin in Committee of the Whole the item of 81 COS.
for two years for salary for bookkeeper in the Office
of State Controller, was reduced TO 50, 200
A motion by Brown of Alameda, to strike out the
IS, 900 appropriated for the Deputy Superintendent
OF Public Intructon, and insert 81, s09 was lost.
The item OF 500 for the Office of the Adiutant
General was reduced to $500.
Mathews moved TO reduce the item OF SI35. 600.
for maintenance Of the National Guard to 5000
Hershey moved to amend the amendment by in.
sertng $50, COO instead OF sl20, 600.
Without taking action the committee rose and
reported progress upon the bill.
Campbel's concurrent resolution, amending Sec
ton Of Article XIII. Of the Constitution was read
The second time.
Assembly concurrent resolution, proposing an
amendments to the Constitution OF the state of Call
vas next considered The bill provides that the sss-
lions Of the Legislature shall be eighty days instead
of sixty days.