Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1883-02-21
TIE LEGISLATURE.
The Confirmation Of Regents OF the uni
versity-Ex-eovernor Irwin Appointed
uarhor coynr,.ssioper-Trrie

Both houses of the Legislature held long sessions
yesterday, aud transacted considerable business.
The Senate met at 10 A. NJ, observation-disclosures
Daggett in the chair.
Spencer Of Stanislaus was granted one day. leave
OF absence
Johnson, from the Committee on Education, re
ported back adversely Reynolds bill to abolish
Teachers Institutes.
transmitted the report Of the State Superintendent
OF Printing on the cost of printing State series of
school books. One thousand copies Of the report
were ordered printed.
Kelly of Solano reported back adversely Nicolas
keys bill which declares pull and void all swamp
land locations made before 1874 and certified to
by the Surveyor. General.
Cross from the Committee on Judiciary reported
back large number Of bills.
Baldwin, from the Committee on Federal Rela-
tons, reported back fayorably S. O. R. s. relative to
the appointment of Captain John Mullen as the
agent of California In the District OF Columbia.
Kellogg, from the Committee on Elections, pre-
sented report, signed by Kellogg, Reddy and Eng.
lsh, in favor OF seating J. W. Brooks, in the seat
now occupied by George Steele as Senator from
Santa Barbara, San Luis 0bispo and Ventura He
also presented resolutions, which were adopted,
making the consideration Of the subject the special
order for to-day at IL o'clock, and limiting the time
OF the speakers to half an hour.
Mcclure, from the Committee Elections, pre-
sented report signed by Vrooman and himself in
favor OF Steele retaining his seat.
Spencer OF Napa and Sullivan subsequently
porte1 in favor of Steele retaining his seat.
Langford introduced bill to provide for the cree
ton of residences fol physicians at the State insane
asYlums
Kelloggs bill to protect the sidewalks in unincor-
porated towns and villages, and yreoman's bill to
provide for the classification CT municipal cor
porations, were read first time.
McClure's city and town government bill was
denied first reading.
The apportioDment bills, the road Law, Vrooman's
street and improvement bil and McCures amend
ment to the Constitution to provide for the submits
sion OF proposed amendments to the Constitution
to the people, were passed on file.
Considerable discussion was bad ever Del Nalle's
resolution changing the rule that the third read
ing file shall precede the second and firstreading
files. The amendment failed becauseit did not re-
ceve a two third vote. Notice of a motion to re-
consider was given.
The Senate then took up the general file and
proceeded with the first reading of bills.
message was received from the Governor an
nouncing his appointment of William Irwin as
Harbor Commissioner, vice George s. Evans
On motion of Cross, the consideration of the
message was made the special order for to-day at
O'Clock P. NJ.
The Senate then took up, read the third time and
passed A. B. -, relating to roads and highways.
Ia, lor introduced bill vacating the offices of
Port Wardens, Harbof Commissioners and Board of
Health Of San Francisco.
Ryan introduced bill appropriating $1,000 TO
payt he deficiency for repairs Of furniture, etc., in
the State Capitol.
When the bill TO regulate insurance companies
Qlnown as the valued policy blD came up for first
reading, quite an animated discussion took place
Spencer OF Nspa, Cross, Reuter- and Kelly of Sc
lano spoke in favor of the bill, and YroomaR, Mad
dox and Chandler against it.
Vrooman insisted strenuously that it was vicious
legislation and would simply lead to an increased
number Of incendiary fire.
After recess the Senate took up the special order,
which was the consideration of the majority and
minority opinions Of the Committee on Judiciary
corning the Regents of the State University. The
guments the subject have already been published
The majority reported that in their opinion the ap
pointments OF Regents should not be submitted TO
the Senate, and if submitted the Senate should
take no action. The minority took exactly the op-
posite views. The majority report was signed by
Senators Kellogg, Kelly of Solano, Reddy Mcclure,
Whitney, Yrooman, johnson, Perry and Baldwin.
The minority report was signed by Senators Spen-
Ger of Napa, Cross, Del Vale, Sullivan and Taylor.
Governor Stoneman occupied seat on the floor
of the Senate during the argument of the question.
On motion of English call of the Senate
dered and the Sergeantat-Arms instructed to bring
in the absent Senators.
Ryan, Cronan and Wallis were brought in, and
upon making good showing were excused.
Further proceedings under the call were then
dispensed with.
Spencer of Napa moved to postpone the consider
alton OF the subject until 730 p. NJ. The motion
was lost.
Kellogg moved the adoption of the report Of the
majority of the committee.
Cross moved to amend by striking out the word
I" majority" and inserting the word minority"
He then proceeded to argue at length in favor OF
the adoption OF the minority report he said that
he intended to stand up for the prerogative Of the
Senate. IL was simply question as to whether
these appointments should rest alone with the Gov
ernor whether the Senate should be consulted in
regard to such appointments
Kellogg spoke in favor of the adoption of the re
port Of the majority. This appointment was not an
original appointment but an appointment to fill
vacancy. He held that the Governor had a right to
appoint to fill vacancy without having it con-
irned by the Senate, reading from the organic Act
in support OF his position His speech was pointed
and5powerfu one.
that under the Constitution the Legisla' ure could
not interfere with the government Of the University
The Regents of the University, under the Constitu
ton and under the organic Act, were not officers
but private Trustees.
Sullivan spoke in favor OF the minority report
ho'diIg that the position of Regent was Office
He asserted that the Hon. Joseph Winars, who
Chairman Of the Committee Education in the
Constitutional Convention, had sent telegram 20
a member Of the judiciary Committee, saying that
if the action proposed by the majority OF the COM
mittee was taken, it would lead TO usurp ton.
Yrooman sa they we're here to decide upon the
question as a legal proposition, and not poti-
cal one de did not propose to be influenced IN his
vote upon this question by the opinion of any per-
son outside of the Senate, no matter what position
he had held. He did not propose to announce any
pames, but he had III his desk very exhaustive
brief which was written by one of the ablest men
Of the state, holding that the Senate had juris-
diction in this matter. He hoped Senator's would
not tie influenced in their votes by the fear that
might at some time have Butler for Governor.
We have G. werner who would appoint gentlemen
worthy OF holding the position.
Taylor took the same view of the law as Cross.
He bel eyed that the Senate was psrs of the ap
pointing power. He was opposed to the centraliza-
tion Of power, and In favor OF holding it IN the
hands Of the people as represented by the Senate in
this instance. He argued at great length that the
position was an office. 1t was well enough to admit
that there politics in this question, but il
such was the case 1t was singular that all the Re-
publican members of the committee had signed the
majority report, while the minority report
signed only by Democrats.
Reddy held that there was ambiguity about
the law and there ought to be no difficulty in the
decision. The law was as plain the English Ian
guage could make it, and under it the position of
Regent could not be claimed to be an office. He
was glad to know that the Senate had guardian in
san Francisco, who telegraphed whenever he found
the Senate was going wrong. No doubt MIR. Winans
was good lawyer, but in tins case he couldn't follow
his advice. The minority could not explain away
this provision Of the organic Act: " No member of
the Board of Regents of the State University shall
be deemed public officer by virtue of such MEN,
bership or required to take any oath of office, but
his employment shall be held and deemed to be ex-
clusively private trust.
The mott n to substitute the word minority I"
for majority was carried bya vote OF II ayes to
I6 noes.
Kellogg asked that the question be put upon his
motion as amended but the President refused to en-
terrain it, on the ground that the adoption of the
motion Of Cross settled the question. motion
was made to take recess until 7;30 P NJ. Kellogg
appealed from the decision Of the Chair, but the
President declined TO entertain the appeal because
the motion was being put on toe question of taking
a recess. The motion to take a recess was lost.
At $40 P. N. the Senate adjourned.
The Assembly met at 10 A. NJ Speaker La Rue In
the chair.
Atwell presented the following petition, bearing
3C6 names
70 the honorable Legislature Of the State OF Cali
fornia at Sacramento city assembled We, the I'M
derslgned citizens of Tulare county, State Of Cali
fernia, most respectfully represent to your honor
able body That THlare county is one OF the most
extensively irrigated sections in the State that
water and irrigation is the life OF the county that
without it the county is barren waste and useless;
that there are large sections OF our county where
the settlers have expended nearly all their worldly
possessions ia the construction of canal systems for
the purpose Of watering the country, ana building
up homes for inhabitants; that by reasons
of late decisions OF the Courts upon
riparian rights, the leading interests and
paramount rights Of our citizens are jeopardiZed,
and without legislation We are homeless. In
view Of these facts, most earnestly petition the
Legislature now assembled to Immediately pass
some bill upon irrigation, relieving us from our
present condition, aud giving us greater
in the future Of the security OF interests and
the preservation Of our homes Believing, as we
do that the right Of petition is sacred, and conf
IDENTIFY hoping and expecting from the hands of the
present Legislature law upon the question of irr-
CATION that will finally settle the matter And we
VIII ever pray, etc.
Several committees made reports