Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1883-03-13
TIE LEGISLATURE.
Still Another Congressional Apportion
ment Bill-The County Government Bill
Several Bills Passed.


ment Bill-The County Government BILL
Several Bills Passed.
The Senate hsld session from 1:30 to $40 ". ".
yesterday. After passing the amended county gov.
ernment bill there was q contest Congressional
apportionment. The bill was finally amended. so
that it is the Del Yas BILL except that Butte and
Yolo are taken out of the First and put in the Sec
ond District, and Napa is taken out OF the Second
and put in the First.
The Senate met at 1:3e p. NJ, the President in the
chair
Murphy moved to take up out OF order A. B. 467,
to amend Section 1897 OF the Political Code relating
to Normal Schools, but the motion was lost.
Reddy moved to suspend the rules and take up
out Of order the Barry railroad bill, but withdrew
the motion.
The county government bill was then taken up on
its passage.
desired TO explain why he should vote against the
bill. There were two objections TO the bill. The
first wes t0at it is unconstitutional lie read from
the case of Deyine vs.. the Commissioners Of Cook
county, S4th H. page 500, decision made under a
provision similar to the i'll the Constitution Of
California, as follows: Its absurdity would be
most manifest if the Assembly should designate as
many classes there counties in the State and
then enact a law limited in its operation to each
class under the pretense that it vas neverthe-
less, general law applicable to particular class.
Such construction would render Yaueless the sal
uOry provisions of the Constitution forblddng local
or special laws" He thought the Senate should
| not pass law which has been, in effect declared
unconstitutional by OF the highest Courts of the
land. He cid not care to ampify his objection, as
he relied entirely upon that decision. The second
objection to the bill that it not made part
Of the code. There sixty pages of the code
devoted to the question Of county governments.
This bill was an Independent Act, irrespective OF
the provisions OF the code. In some cases part OF
a section was taken from the code, and the balance
of the section left In some cases the duties OF Off
GERS were defined, and in others they were not.
While the bill puIported to give full scheme for
the government of counties, it made TO provision
for q tax levy by the Board of Supervisors de
said that he could sit down with the bill and in
hour raise fifty questions that all OF the lawyers upon
the floor of the Senate could not answer. He did
not believe it to be for the best interests OF the
pie to pass law of this kind, and for that reason
felt compelled to vote against the bill.
Cross proposed to vote for the bill because he be-
ieved it cont ined many excellent provisions, but
proceeded to poiet out in what particulars it was
unconstitutional principally because it was not
made q part Of the Code He complimented the
Chairman of the Committee on Counties and County
Governments Spencer of Napa-and the other
members of that committee, for their zeal in en-
deavoring to perfect the bill. He called attention
to the various conflicts that would arise between the
bill and the Code saying that if the bill was passed
and went into effect, every county officer could draw
a salary under the Act and under the Code too
Every officer would be compelled TO act under the
Act and under the Code the bill did not reps al
the sections OF the Code which related to the same
subjects.
Spencer of Napa'defended the bill. He did not
think the decision referred to by NrComan would
bear the construction that Senator had placed upon
it, That decision OF the controlling reasons
why the committee had made this independent
Act, instead of an amendment 10 the Coda. IL was
drawn in that way to avoid certain dcta which had
been thrown out by the Supreme Court in several
cases. He thought it would be wise for the Senate
to allow the question Of the constitutonaty Of the
bill to be discussed and decided by the Supreme
Court. He believed the bill to be constitutional
johnson had not examined the bill critically with
reference to its constitutonsity. He did not affirm
that it constitutional or otherwise, tut he be-
lieved that it the best bill that could be passed
at this session, and he would vote for it.
Wallis said that he desired to state thSt he agreed
with every word that had been said by Cross, and
in order to be consistent he should vote mo"
Taylor believed the bill to be subject to consttu-
tonal objections but he would vote for it because
he believed it was the best that could be done this
session.
The bill was then passed by vote Of &c ayes to 3
.noes-Viooman, Wallis and Whitney voting no, -
and Mcclure being absent.
Reddy moved to take up out Of order the bill
known as the Barry railroad bill.
The motion was lost by the following vote-two-
thirds being required
Ayes-B lldwin, Buck Chandler, Cox Cross Del
Vale. Eng ish, Ficher, Foster, Fraser, Johnson,
| LaDgford, Lynch, Maddox, Murphy, Reddy, Rey-
nolds Spencer of Stanslaus Spencer of Napa Sulli-
van, lay Tor and VI olTsklll-22.
Noes = Brooks, Cronan. Dougherty, Harrigan,
Heating, Kelly Of San Francisco Kellogg Mccarthy,
| Mcclure, Nelson, Perry, Reuter-, Ryan, Vrooman,
| Wallis and Whitney-16
johnson moved to take up the so-called Foster
railroad bill.
| The Senate refused to take it up by vote OF 90
! ayes to II noes-two. thirds being required.
| A message was received from the Governor an
| nouncing the appointment of Joseph d, BEDDING,
! of San francisco, as Fish Commissioner, and of
Daniel Brown, of Sacramento, Trustee of the
| State Burial Grounds. The Senate went into eX-
ecutive session and confirmed the appointments.
S. 32l to appropriate the Of s., 900 for the
purpose of paying the rent of the Hastings College
Of Law, San Francisco, and A p. 1873, to make an
appropriation TO pay deficiency in the anpropria.
ton for the thrty-third and thirty-tourth fiscal
years, and b. All to provide for the erection Of
wall at the state Pr son at Folsom, were read sec.
ond time
The Senate took up the Congressional apportion-
ment bill for passage.
Del Vale moved that the bill be referred to the
Chairman of the Committee on Apportonment,
with instructions to insert substitute the Del
Vale BILL with some amendments
The Chair ruled that under the rules Of the Sem
ate \ substitute could not be offered on the third
reading Of the bill.
Spencer of Napa appealed from the decision of the
Chair.
The question being, "ShalI the decision of the
Chair stand as the judgment Of the Senate p The
Chair overruled by vote OF II ayes to q noes.
Nrooman then moved TO amend Del Wales motion
by recommitting the bill, With instructions to amend
by inserting the provisions OF his S. B. 207.
Mcclure moved that both amendments be printed,
and the further consideration of the bill be post
poned until they were printed The motion was
lost by vote of 10 ayes to 29-noes
Vroomaus amendment was lost by vote Of S
ayes TO 20 noes.
Dtl Wales motion prevailed by vote of q ayes
to 16 noes.
The general tax levy bill was reported back from
the Committee on Finance, and read first ard sec.
ond time.
S. B. III, to amend the Constitution, relative to
State series of text books up for third reading
Taylor moved to lay the bill on the table. The
motion was lost by vote OF IL ayes to 20 noes.
The bill WAS read third time and passed by
vote of 80 ayes to noes.
Lynch gave notice that he would move rcconsid-
GRAFTON, which was ruled out OF order by the Chair
A. B. 225, to amend Section 1897 OF the Political
Code, by striking cut the word Court" go that
naturazed citizen nesd not give the name of the
Court where he naturalized in order to get mis-
name on the Great Register was passed by vote OF
80 ayes to noes,
Sullivan reported back the apportionment bill
amended in accordance with the Instructions OF the
Senate
At $50 the Senate adjourned.
The Assembly met at 10 A. NJ, the Speaker in the
chair.
Various committees made reports.
Parker offered the following resolutions, which
were adopted:
WHEREAS, The evidence in the contested election
casa of Buck W. Dudley in the Senate, and Dezier
VS.. Barnes IN the Assembly, eS saolshed con-
spiracy between the foremen bosses in the United
States Navy Yard at Mare! Island to compel, by
fraud and intimidation, the mechanics and laborers
in that navy yard to vote the Republican ticket at
the election on the 9Th Of November, 1882 now,
therefore, be it
Resolued by the Assembly Of the State OF Cali
fornia, the Senate concurring That Senators in
Congress be instructed, and our Representatives,
requested TO demand Of the President of the United
States the dismissal of Linus Stewart, $. NJ Her
rick, p E. Jeffsris, John Quincy Adams William |.
Sargent, George J. Campbell, o. II. Butler and
Charles S. Jacobs, foremen or bosses in the said
navy yard, and who proved by the said evidence
to have aided and abetted in the organization and
execution Of said conspiracy.
Resolved That Governor Stoneman be requested
to forward copy of the foregoing resolutions t.
each one of Congressional delegation, together
with copy Of the printed evidence in the contested
election cases herenbefore referred to.
Brown offered the following resolution which was
tabled:
WHEREAS, The Conference Committee having
recommended that the twenty-ffth session OF the
Legislature adjourn sine die Tuesday, March 18th, at
IL P. NJ; therefore be it
Resolred by the Assembly, the Senate concurriug,
That this Legislature do adjourn sine die Tuesday,