Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1883-02-12
TIE LEGISLATURE.
Both Houses in Session saturday-some
Important Insurance Bills in the Sem
ate = More Investigations by the As
sembIv

Saturday, although that Of the Senate did not last
until noon The session Of the Senate commenced
at 10 o'clock, Lieutenant Governor Daggett in the
| chair.
The Committee on Apportionment reported back
fayorably Del Valles apportionment bill with slight
/ amendments. Other bills of minor importance were
| reported back from several other committees.
Baldwin introduced a bill amending Section $50 Of
] the Code Of Civil Procedure, relatinglto appeals.
Sullivan, by request, introduced bill appropriat-
ing $1,000 for the purpose OF paying the Of the
Hastings College OF Law in San Francisco.
Baldwin introduced by request an Act to provide
| remedy in cases where damages have been sus-
| tanned by the irregular or illegal proceedings of
| municipal officers, and to provide for the payment
| Of the same. This is the bill known for years the
| street contractors BILL except that it excludes
| claims prior to 1860.
| Perry Introduced ten bills amending various Sec
| tions of the Civil Code in relation to insurance.
The amendments win affect the insurance laws, as
follows: The amendment to Section 255S, relating.
| to policies when void, makes an important change
1t omits the words whether the person insured has
or has not any interest in the property insured,
that the policy shall be received proof Of said in
terest. That to Section 2562, which now entities
the injured party to rescind of insurance.
| whether intentional uninteniional coucealment
has been Practical omits "1nintentional." great
change is effected in Section 1888, relative TO the
right OF resembling contract Of insurance by pre-
scrioing that the right shall be exercised upon the
| immediate discovery of intentional concealment
| Misrepresentation. The law at present gives the
insurer the right rescind at any time previous to
| the commencement of an action ON the contract.
| Section 9j now provides that the mere trans
/ fer of a thing insured does not transfer
] the policy, but suspends it until the same person
becomes the owner of both the policy and the thing
| insured The bill reverses the order of things and
makes a transfer Of the thing insured transfer of
the policy, the owner succeeding TO all rights OF the
original policy holder Section 1857, which specifies
| what the policy shall show, is amended by adding
the following subdivision The policy Of in; urance
shall contain restriction to the freight carried
or the port where the owner master or consgnee Of
any water craft so insured shall fit TO send said
water craft so insured provided, that said water
craft does not carry passengers" The fact that
insurance is taken out In the name of person other
than the owner of the property insured shall be
no defense in action brought TO reco er damages
by reason OF any loss sustained under the policy.
| No insurance company shall, in case Of a
| loss, require certain per cent. to be
damaged lest or destroyed before their liability at
| taches; but any damage or loss occasioned by any
Of the risks insured against shall be paid by said
1 company. Section 2596, which declares valued
policy to be one which expresses on its face an
agreement that the thing insured shall be valued at
specified sum, is changed by declaring that where
no such agreement exists the amount named in the
| policy and upon which premium has been charged,
shall be- in the event Of total loss the value of the
thing insured and the amount to be paid the policy
holder. Section 26lS, which provides that the in-
surer is not entitled TO the return Of premiums,
however short the period of risk may have been, is
| changed by prescribing that if peril insured
against has existed the insured may, if desirous
surrender the policy and the insurer shall be liable
| for proportioDate amount of the premium paid |;
| the proportion to be deteTmir ed by the
length of time the policy has to run. Section $685.
which requires in OF loss by fire. the insured to
give notice without unnecessary delay, EMIT the
! insured to the benefit Of insurance, is amended by
giving the insured ninety days within which to give
such notice Section 1884, which declares that when
preliminary proof OF loss is required by policy, the
Insured is not bound to give such proof would be
required in Court Of Justice but it is sufficient to
give the best evidence he has, is amended by pre-
scrlbing that no proof shall be required Of loss
cept to notify the insurer. The section does not
apply to proceedings had in any of the Cou t. of the
State new section is added, to be known as Sec
tion 1885, relating TO the contract Of marine nsur-
anee, and specifying what the form Of said contract
shall be-.
Cross made report from the Committee on
Judiciary, reporting back large number of bills.
Among those recommended for passage was s. B.
211, providing the compensation and fixing the
jurisdiction of Justices of the Peace; s. b. 16S re-
lating to complaints in criminal cases and A. b. 49,
prescribing the order in which the property of an
estate must be resorted to in payment of claims S.
B. lis, relative to the punishment Of assault, and
S. B. lo5 repeating the section Of the Code of
Civil Procedure relative to the time of commencing
actions other than for the recovery Of real property
were reported adversely.
On motion of Ryan, the Committee on County
and County Governments were requested to report
back S. B. 44-Ryan's county government billion
Monday, February II, 1888.
Kea'ing allowed to withdraw S. B. 243 FOR
the relief II II. d. Gamble.
The Senate took up the 6rstreadiDg file and dis
posed of all the bills thereon. Much time was taken
up in the reading of Crumpton's A. b l. relating to
roads and highways. When S. B. 1i5 by Chandler
amending Section 1856 OF the Civil Code relative to
the powers and purposes Of corporations, came up
Kellogg asked that it be passed on file, out Of
courtesy to the author He said that majority Of
the Committee on Corporations had reported in fa-
vor Of its passage, and minority adverse to
it. He opposed to the first reading
| of the bill, but did not like to take
advantage of the absence of the author. Nc
Cures S. B. %, providing when and by what
Courts the writ of certiorari may be granted and
matters may be reviewed under such writ was the
| last the fist reading file. II was refused
first reading on Friday, and notice given by Vrooman
of a motion to reconsider. Mcclure and Vrooman
were both absent, and Cross moved to reconsider
and then Immediately moved to indefinitely post
pone the motion. Perry and Ryan appealed to the
Senate to postpone the consideration OF the motion
until the return Of Vrooman and Mcclure and Perry
made motion to that effect, which was lost The
motion to indefinitely postpone then prevailed by
party vote, Ryan voting with the Republicans
At 1920, Oh motion of Kelly Of Solano the Senate
adjourned.
The Assembly met at 10 A. NJ, Speaker LaEue in
the chair.
Leverson introduced the following resolution.
which was adopted:
Resoloed, That the Committee on Ways and
Means be requested to report to the House ali Acts
and parts OF Acts under which fixed expenditure
is required or provided to be made by the State:
also such reductions in such expenditures as thew
think might be made without detriment to the pub
lie service; also to report to the House bill or
bills amendatory Of or repeating such Acts or parts
OF Acts as may be ne es ary TO eject the desired
| reductions.
Campbell offered the following preamble and reso-
| luton, which was adopted:
Whereas, grave charges have been made against
| the Official conduct Of Hon. Marcus p Wiecin a
Judge OF the Superior Court in and for the county
| of Mono; and whereas, certain documentary eyi.
dence has been presented in this Assembly relating
| to said charges therefore
ReS0lred, That select committee of five be an
po ntes by the Speaker to inquire into said CHARGES
and report whether articles OF impeachment in the
| name of this Assembly and all the people of the
State of California shall be presented against the said
Marcus p Wiggin, Judge of the Superior Court of
said County OF Mono, for misdemeanor in office the
committee TO have to send for persons and pi-
psrs and take testimony, and shall report to this
Assembly articles Of impeachment against the said
Marcus p. Wiggin il warranted by the evidence be-
| fore them.
In presenting his resolution Campbell presented
| documentary evidence, which tends to show that
Judge Nggin, while acting Judge of the Superior
Court OF Mono county, took fee Of $500 for attend
ing to case before the Board OF Supervisors that in
probate before him he ordered that the admin.
istrator pay the sum, about 81 600, into Court and
that he took possession OF the money and postponed
the hearing OF the matter for year The testimony
also refers to some matters relating to the dsssal
Of indictments, which, it is alleged, call for exam
/ inaton.
The Speaker subsequently appointed as the Com
mttee OF Investigation, Campbeii, Johnston, Farley,
| Yell and Ryan.
Bills were introduced as follows By Hughes,
providing that any person who tvertises himself as
an attorney counselor-at-law, and who practices
as such in any Police Court in this State without
first having license such attorney from the su-
p-eIue Court, is guilty Of misdemeanor; bT Doty
requiring ali hay offered for sale in cities OF IL 600
inhabitants to be weighed by one authorized to
weigh the came, and Gently the weighing thereof
by Carey TO amend Section 103 Of the Code OF Civil
Procedure, relating to Justices Courts; by Cutter
| to amend the Penal Code, by adding new section:
thereto TO be numbered 800 to restrain vice aud i'm
morality, aud prohibit barbarous and noisy amuse-
| ments on the Sabbath day; by Farley for the re-
/ demption Of certain Controllers warrants by
Mofitt, amendatory Of Section I03 Of Code OF Civil
Procedure, relative to Justices Courts by Kerrick
| relative to am1u'ts pad the different companies
| Of the National Guard by Irwin amending section
/ COZ Of the Penal Code, defining trespass; aud by
| Wharton, providing thar any iinerant yender who
shall sell ofer for sale any drug nostrum oint-
| ment, appliance of any kind intended for the
treatment Of diseases orgaus, shall be guilty Of
| mlsitmeanOr.
| The Committee on Eections made reports on the
contested election of Il. c. T. tzier W. d. G.
Barnes the majority giving the to Tozier the
1 ground OF intimidation and fraud in regard to the
navy yard lite, while the minority hold such a state
| Of affairs was not proven. Made the special order
/ for Wednesday evening at 7:30.
! Bibbs election bill, providing that naturalized
citizens applying for registration need not as
eto the Court from which they received naturalization
| papers, was passed by vote of 50 to L.
| The apporlionment bill read a first time