Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1883-02-01

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/ folio wing amendment: Nothing in this section
shall be construed to authorize the oinder of parties
( complained Of as defendants, where the nuisance
sought TO be abated or njoined IS alleged by the
plaintiff to be the result Of quartz drift any kind
of placer mining, any process other than that of
4 hydraulic mining, popularly so called"
/ Granger Of lite moved to amend the amend
ment, Dy adding " Provided, that in every action
to abate nuisance or for injunction to prevent
/ the commission c2ntinuaucs thereof only those
shall be enjoined as defendants who reside in
and the same county; and that the defendants in
the &C ION shall have an absolute right to make all
LEGAL defense thereto in the county where they
/ side, and before jury Of their yicinage."
| Gutter addressed the House at length in opposi-
ton to the last amendment and in favor Of the bill
! with his amendment The amendment offered by
Granger would destroy the bill, and if the gentle.
man from Butte had read that amendment from any
stump in his county during the canpaign he never
would have been elected to the Assembly. He re-
viewed the whole debris question from the stand
point Of the farmer in an able and forcIble manner
and Gained that his bill demanded by the peo-
pie of the valleys as speedy solution of the whole
question.
Granger defended his amendment, and claimed
that his constituents did not want the bill passed
He had consulted with the counsel employed by
Sacramento county, and from him learned that the
people OF Sacramento did not want it passed, and
read an editorial from the Bee to the same effect
Gutter asked him if he intended to say that Geo.
Cadwaadsr or the people OF Sacramento favored his
amendment.
Granger said he would not 90 50 far as that but
he not in favor of the bill.
Cutter said that Cadwaader had been engaged in
suits against the miners In the employ of the firm
ers for over five years and had only succeeded in
shutting down one mine unless the Miocene was in
Guided, and he believed he was not In that action.
For this service he had received from the people Of
the valley something like 500 0O0 and he was not at
all anxious to have this bill passed. because it would
put an end to this continued litigation by settling
the whole business in one action.
Caminettl spJ Ike in favor of the amendment, on
fns0 hot
tried ia his own vicnage. This was one of the
great principles of the Declaration Of Indepsnden e
an! one OF the chief causes OF complaint against
King George by our forefathers.
Bib made ansoratorical effort ia behalf of the
bill, denounclng the miners in unmeasured terms
Simon opposed the amendment and urged the pas.
sage Of the bill.
Doty opposed the bill on the ground that the
Board of Supervisors of Sacramento county had
employed counsel to attend to their neres IS in this
NATTER and had been Endorsed in that action by the
people of this county; that counsel did not favor
this bill, and anti debris men of this county lad
deayored to have the author of the bill withdraw il
and he would not do it.
Barry opposed the bill because, he said it made
the legislative Departmental the government higher
than the judiciary.
Ryan spoke warmly in favor Of the bill and against
the amendment.
Nicol favored the amendment and opposed the
bill as destructive of great industry.
Johnston opposed the bill on the ground that the
farmers have right to 60 into Court and abate the
nuisance, ii one exists, as the law nov stands
Irwin favored the amendment and spoke against
the bill
Stephens said he came here pledged to his con-
st;tuents to vote in favor OF some such BILL and he
would not go back on his pledge on account OF the
opinions of any newspaper.
Farley spoke earnestly against the bill and all
amendments to it, reciting the wel-known argi-
ments from the miners standpoint. lie advised the
Assembly to be careful and not bring ruin and de-
struction upon a large portion of the STATE He
had rIIinpd section of broIIoht abOuf
by sectional strife-having been q Confederate
soldier-anG it was a sad sight.
Hershey favored the passage of the bill, and be-
iieYed 1t was good one.
Changers amendment was lost by vote of Is
ayes to As noes
Cutters amendment was amended by striking out
the words "is alleged by the plaintiffs 70 be the
result Of, and inseitig in lieu thereof the words
" IS caused BY" 1t was then adopted by vote of
Al ayes to 81 noes
Irwin offered amendment to insert after the
word nuisance" the words "ereated by mining
operations, which was voted down.
The previous question was ordered, and the bill
was refused eugrossment by the following vote
Ayes-Barnes, Bib, Brown, Carter, Clark, Cole
man, Cutter, Field, Flynn, Fortna, Granger, Hall,
Hamilton, Head Heay, Hershey, Hughes Kerrick,
Leverson, Martin, Mathews, Mcdonald, Moffitt,
Peterson Plovsr, Rswle, Reeves, Ryan Simon
Smith, Stephens, Terry, Weaver, Yell and Mr..
Noes-Barry, Beard, Briceland, Celaghan, Cant
nett, Campbell Cary, Clement, Crumpton, Culver
Doty, Farley, Faw, Gaussail, Harvey, Heath,
Hunter, Irwin, Johnston, Keller, LewIson, Nc
Claskey. McHale, Mckinley, Murdoch. Nieol,
Parker Rhle, Rowland, Stewart Storke, Sweetland,
Townsend, Walrath, Wheat aud Wheslan-36 80.
The Assembly adjourned until to-day at 10 O'Clock
AN.
SAFE INVESTMENT" -All.wool ladies'
cloth. "a inches wide, reduced to 81 per yard,
at Hale's stupendous clearance sale.
~
LOOK out for No. Petaluma Butter, at 55c
per roll, Sc Auker & Moore's. 1l00 and 1102
J st, corner Eleventh. Read the prics list
JOHN MUNDELLs genuine solar-tip shoes
for children at Haie's s.upendous clearance
sale.
THE best full stock kip boot on the coast
for So so, at Hals's stupendous clearance
sale.
HUNDREDS testify of the benefits received
from Rock and Rye. G. w. Chesley, agent. =
SILK. velvet and satin remnants, unpaTal-
lelsd vslueE, st Hates stupendoUs sale.
Do Nor postpone your visit to Hale's stu
psndeus clearance sale.
:" No RESERVE All winter goods must
go, at Hale's ttupsndous clearance sale.