Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1884-03-27
The LEGISLATURE.
EXTRA sEssIoN-THIRD DAY.
SENATE.

Langford, from the Committee on Rules, submit
ted report, Incorporating the rules Of the last reg
ular session with three exceptions. kuie Ii was
omitted; also Rule 10, designating the standing
committees was stricken out and the following IN
serted:
Rule a. Appointment and order of standing COM
mittees. The following standing committees shall
be appointed:
/ Committee on Contingent Expenses and Mile
age TO consist of five members
. Committee on Engrcssed Bills, to consist Of six
5. Committee on Enrolled Bills, to consist of six
Members.
4. Committee on judiciary, to consist Of sixteen
members ian addition of twol
3. Committee Pubic Printing, to consist OF
three members.
G. Committee on Revenue and Taxation, to con-
sist of seven members.
T. Committee on Federal Relations, to consis: OF
five members.
s. Committee on Constitutional Amendments, to
consist Of nine members.
The other rules were adopted up to 81 which Qn
the old form) reads: "RuIe disappearing and
Changing Rules-No standing rule or order OF the
Senate shall be rescnded or changed without vote
of two-thrds, and one days notice being gwen OF
the motion therefor; but rule or order may be
suspended temporarily by a vote OF two-thirds OF
tue senators present, except that portion OF Rule
relating to the final passage Of bills" etc.
The report Of the committee changed the words
two thirds in the first instance to " majority
but otherwise made no change in the wordii oil tue
rule The impression seemed to be that the omis
sion TO strike out the words "two-thirds" in the
latter part Of the rule unntenti0na on the part
OF the committee, and English at once moved to
recommit the report for amendment.
Cross objected. He said the report, as returned
by the committee seemed TO be eminenty fitting TO
the occasion. By it majority vote was required to
make permanent change in any rule, but it took
twO-thirds for temporary suspension. ms GER
tainly extraordinary rule but then the occa
sion was an extraordinary one-the Governor had
so declared in his proclamation. He believed IN the
eternal fitness Of things; he liked this rule Some
thing extraordinary expected Of this special SEES
sion. Ii must not only do everything IN ten days,
but it must undo everything it does not do. He
hoped the rule, as read by the Secretary, would be
adopted, as it seemed to him to be just what was
desired. Addre ssing the Chairman OF the commit
tee, 'What do you want? 2
Langford-Well, don't know as understand the
situation lAlerrment.l
Kellogg argued against the majority rule. lie
had seen The day when forty-two Republican As
semblymen would have liked nothing better than
to have haG such rule to enforce against thirty
eight Democrats. But the latter had some protec-
ton in the rule which required two-chlrds vote to
change or suspend the rules. He challenged any
Senator to show wherein majority rule OF this
kind had ever been adopted, except on one occasion
in Congress 1t was never heard OF in any parla-
mentary body. The majority cannot afford to
establish such rule. If were in the minority,
it would be just what he would like.
Mcclure offered as a substitute the old rule las
printed aboye) He said il was highly necessary
for the preservation of ORDER and decency and fair
ness, to have established rules OF procedure. When
any valid reason could be shown why the Senate
should depart from the precedent OF ages 1t might
be time enough to propose such thing. die could
not see the necessity for It now, when Democratic
President of the Senate Composed Of 81 Democrats
to Republicans) had placed on the Committee OF
Rules SIX Democrats and one Republican. He did
not care ii one branch OF Congress did, for a pur-
pose, enact such rule on one OCCASION IL was not
right. Did the minority at the last session resort
to any filibusteriug tactics? For himself, he pur-
Il. 4
established rules. 1t was not becoming
for the majority to come here and say
they would rush through, under a majority
rule some important measure affecting Feder,l re-
atons for instance, and say the minority shall not
have its rights respected. This proposed rule might
prove to be as dangerous two-edged sword.
The majority might feel Ike taking all the chances,
but the minority had right to protection. II this
extraordinary rule adopted, snap judgment
might be taken while some Senators on the minority
side temporarily absent on committee or other
duty and they would have no redress. The two
thirds rule was necessary to prevent the taking up
OF unwlse bills, and had always served good pur-
pose. he could no justice in changing it at this
session. There but three sections OF the Con
sttuton requiring action at this session, and 1t
premature and unreasonable TO talk Of legislation
being baked by the minority The latter would be
glad to adjourn in ten days. For the ma 0ritY,
with its present power 81 to s. to say to the minor
ity, "We'll take you by the throat aud hold you
down ; or, when eaten any OF You eut Of your
seats will take up the work and override you"
would be an arrogant abuse Of power. He quoted
from Gushing in support Of the proposition that
two-thirds vote on changing rules vas demanded by
every principle OF right and decency, and the rights
of the minority should not be subjected to the
caprices Of the majority.
fIlcher offered an amendment to McClure's subsu-
tute, making the rule read &" a majority of all the
Senators elected" instead Of present"
Spencer OF N4pa spoke at length in support Of the
majority rule h c thought that all the legislation
of this session should be nonpartisan, and where
there were no political measures involved the
ority rule should be satisfactory to everybody 1t
was fair for one side as another. The law pre-
sumes that every Senator will be present 70 vote,
and he need have no advantage taken Of him He
would support the amendment offered by the SeEa-
tor from Placer
Cross thought that some of Senator McC ure's
arguments should be answered He (McCiure) had
dared to intimate that minorities have rights that
should be respected, and he Cross would like to
have him prove it. He then replied to some re-
marks OF the Senator from Napa, in which Repub-
licans rebuked for not participating III the
caucus called for Monday evening by Senator Del
Vale and Assembyman Campbell. He said he,
although OF the majority, happened in there acct
dentally and almost as highly entertained as ii
he had gone to the 1voli. he did not know it to
be admitted fact tnat minOfies have rlg hts but
if they have, then majorities should also have
rights AS one Of the majority (being Democrat,
he wanted that majority protected. He hoped that
from this time there would be no more talk about
men being dishonest because he did not agree with
others on certain questions. he did not know but
that he should, with the Majority, be ready to hit
the head of the minority with good stout Demo
cratic club whenever it dared show up.
Del Vale replied to some OF the illusions made
by the Nevada Senator to the alleged nonpartisan
caucus.
Fhcner argued in favor Of his amendment, which
he thought would guard against any possible uawise
action by bare quorum.
Knight, Kellogg, ReddY and Johnson spoke in
favor Of the Filcher amendment.
VrcOman thought the question one of vast i'm
,1vr fr1.s-
for this session, but it debating the adyisabty
of doing something that might establish a Danger
GUS precedent. 1t might be, in the estimation Of
the ma jorlty, proper to override the rights OF the
minority He did not SO much contend for q two
thirds rule at this session for principle old
that the mind OF runneth not TO the contrary
A rule should be permanent, but cease % be one
when bare ms jority shall have power to change
it. II was out Of place for CT the majority to
drag into this debate the subject OF the so-called
non-partisan caucus. The speaker was not in the
habit Of considering grave questions Of public con
Germ i'll such a BODY and the promoters Of that csu
Gus must have known in advance thai it would be
failure. The important questions upon which Sen
at0rs called upon to cgisate could not be CON
sidered in one evening in caucus. II was an alb
surd proceeding from the first
Whitney thought that any rule which did not have
the respect OF two-thirds Of any body when change
was contemplated, must be Objectionable
Mcclure said he had offered his substitute on
principle, but as so much had been said on the sub
ject and the debate had taken such a wide range,
he would withdraw it. Referring to the caucus
abous which so much had been said, he would say
that he did c1me to the Capitol for the purpose
OF meeting and discussing in a caucus, mob, such
grave and intricate questions as relate to
and taxation. He came here to legisate-not to
fritter away his time in caucuses.
Del Vale again defended his motives and action
regarding the calling Ct that caucus.
Cross said he found himself in the position Of the
humorist who forced to explain one Of his
best Jokes lie had declared that minorites have
uo ri hts. In SO doing he made-Or attempted to
psrpetrate Joke but it was apparent to him that
he lad made dismal failure Of 1t. If forgiven he
would never again attempt that particular joke.
Filcher's amendment to the original Rule 81 (now
S6) vas then adopted, were the remainder Of the
rules of last session. without division.
Kellogg offered a resolution appointing Joseph
Van PrAag Porter Of Commttee-rooms at per diem
of 81. Adopted
On motion of Murphy, the Senate adjourned until
Thursday at P ".
ASSEMBLY.
The Assembly was called 10 order at , P. NJ,
Speaker LIRue in the chair. Prayer offered by
the Chaplain