Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1884-04-03
ASSEMBLY.

ASSEMBLY.
The House met at 10 A NJ After the call of the
roll, prayer Of the Chaplain, and the usual motion
TO dispense with the reading Of the minutes As
semblyman LeyeTson of san Francisco addressed
the Chair and sent up to the desk the following
communication:
SACRAMENTO, April ,. 1854.
To the Honorable Members OF the Assembly
Gentlemen Directly after the adjournment OF the
House lsst evening the honorable gentleman from
Santa Barbara OVER to the desk Of the under
signed, addressed HIM question touching upon the
debate ard the remarks Of the undersigned in the
debate just closed, and, without giving tiue for
reply, said: g denounce YOU for a liar"
The privileges Of the House, its character and
dignity, adhere TO the Undersigned; therefore he
lays before the House this breach ot its privileges
this grave assault upon its character and dignity
that the House may take due steps to maintain aud
vindcate its privileges, Its character and dignity
VI. X. LENERSuN
An attempt was made to lay the communication
on the table, and Atwell Of Tulare moved refer it
TO the Committee on Swamp Lands, all Of which
was ruled out Of order. The matter finally dis
posed Of by referring 1t 10 committee composed Of
Camp bell, Atwell and Yell.
The Barry bill being the special orler, was next
taken up and considered by sections.
After debate, motions to strike out Section T. and
amend II in various particulars, were voted down.
The fifth section WAS simi arly disposed Of.
The sixth section brought forward an animated
discussion, persistent efforts being made to amend
it, which srenuousY resisted by the friends Of
the bill. Irwin OF FL Dorado, in the course OF the
discussion, said he understood that a number Of
measures had been agreed upon by the majority OF
the Assembly and the Governor, and that this bill
was one of them, and that the friends Of these
measures had determined to force them through
without amendment. He demanded that these
measures be all brought IN at once, and If there
majority to pass them, that they be passed and
the members 20 home 1t was waste of time to re-
main here and consider bills to which amend
ments viii be permitted, and whose passage was al
ready determined upon beyond all question.
Terry OF San joaquin cOncprred in the remarks OF
Judge Irwin. He characterized the proceedings Of
the House farcica and said that no amendments
however proper, right and just. would be enter
tanned. He gave notice to the House that he would
join the rabbe, and in the future would vote
against any and all amendments offered to this or
any other of the agreed bills. His remarks.
were delivered in manner that causedi a
blush of shame to rise to the checks of more than
one member of the House.
Several members proposed amendments to Section
7, but all were voted down by the usual vote.
Brown OF Alameda offered TO amend Section by
striking out the words imprisoned for thirty days
and inserting " take them out and hang them. 3"
This he claimed was in keeping with the balance Of
the bill and should be adopted. Ruled out Of order
Johnston of Nlpa said We are sitting here to do
justice between man and man. and we are treating
the railroad people worse than dogs, than
demned criminals. We ought at least to put them on
as good footing as do a red handed murderer.
right and not just when YOU treat these men worse
than murderers. Give them at least stay of pro-
ceedings.
Section was treated in the same manner as
those preceding, and the bill passed to a third read
ing.
D5ty in some remarks alluded to the Superior
Judges Of Sacramento county, and said they were
not elected by the people but appointed through
railroad influence
Camineti Immediately demanded an explanation
Doty replied that his remarks very plain
and ought to be easily understood"
Camineti said he was personally acquainted with
Judge Armstrong, one Of the Superior Judges of
Sacramento county; that he honest upright
| and honorable gentleman, and he would resent N
debate or otherwise any imputations by a member
of the House upon his character.
Granger of Butte arose to point OF order and
stopped the controversy
keellr of Mono also commenced scoring the Sac
ramenio Assemblyman, but was hastily sat down
upon by the Speaker.
The bill then read for the second time and or
dered TO its third readin.. As amended it reads as
follows, and is known az the Barry bill
An Act to prevent determinations d abuses by
railroad corporations.
The people Of the State Of California represented
| in Senate sld Assembly, do act as foloas:
Section l. All railroads built or owned by c0rpo
ritions organized under the laws Of the state are
public highways over which all persons entitled
TO transportation for persons property equal
and impartial terms. All roadway and right of way
| acquired by such companies is for public use. All
| persons aud companies engaged in operating any
such road, or in Transporting freight passengers
over the same, which shall hereafter operate or
engage 9frr said, shall forward, move and carry
| inpArtially for all persons Offering freight TO he
transported or moved without discr minat on pref
| erence or favor to over another in price dis
! patch, speed or accommodation Of any kind except
as herein provided. All freight shall be dispatched
and forwarded in the order in which il is received
rendered for transportation except that prefer
| ence may be given to perishabe articles EXPRESS
matter and fast freight, and equal and similar flc
ties, not inferior to any in use January / 1854 shall
be extended on like terms to all connecting trans
| portation lines, whether by land or water in the
receipt and delivery OF goods, exchanging cars max
ing connections by rail and all other arrangements
for expeditiag and facilitating the receipt transfer
| transportation and delivery Of freight
Section 2. All persons and companies mentioned
in the first section OF this Act shall at all times keep
posted in conspicuous place, accessible to the pub
lie, at each Of their stations and Offices printed
table schedule, of all rates OF freight and charge
in force for transportation between all points and
stations to or from which they carry and shall for
examination furnish printed copy of such table or
schedule to all persons demanding the some, on re-
quest Such rates shall be equally available to all
| pers lns demludjug transportation for person or
property over said road, any part thereof, with
out discrimination or favor to any, as provided in
Section l hereof. AL discount, rebates, special
contracts special rates and other devices for charg
ing or less than such published rates, are for
| bidden pr0gjded, that uniform discount Ito be
established and published as aforeSald) for payment
| in advance or for prompt payment NAV be made
and different rates may be charged for express mat
ter fast and slow reghts and Tor carload lots ana
lots under carload all such rates and discounts
| to bs available TO all applicants on equal terms
Section 3. All railroad corporations must at all
times maintain all their track and other structures
in good and sufficient repair and in a state of com.
piete efficiency Tor the purposes for which they were
constructed or adopted. Any such track or struct-
| ure decayed, destroyed, or removed must be dill
gently replaced restored to as good or better con-
dinon OF usefulness and efficiency as before such
| decay or removal.
Section 4. No railroad corporation orsanized nm
der the laws OF this State is permitted to accent ay
charter or corpors te franchise from any other Co.
| ernnent STATE or sovereignty; and no corporation
! organized under the laws OF any other Government
state or sovereignty is permitted to operate any
| rallroad or carry by rail within this State
| Section Section 40l OF the Civil Code does no.
apply u railroad corporations formed By the con-
sohdatlou OF two or more companies previously eX-
isting but the term of the existence of corporons
so formed shall not extend beyond that of any of
| the corporations entering into the consolidation
| Section O. On the expiration or forfeiture Of the
| charter OF any railroad corporation, its road and
appurtenances and right OF way acquired by it. re-
main vested In the people OF the State Tor public
USE It's other property shall be sold and tie pro
ceeds, after payment OF its debts and liabilities
| divided among its Stockholders
| Section I. Any railroad company violating the
provisions OF Sections l. or of this Act shall for
ieit us charter and corporate privileges and shall
be anudged to have incurred such forfeiture and to
be ciss lived, in an 7tion on behalf Of the penpe of
this stete, to be instituted by the
Any tihcer, agent, or servant OF any railroad com
| pany, VINO shall take part in the making carving
out or enforcing OF any contract or agreement for
railroad transp 'Fton IN violation Of the provisions
OF this Act, or IN collecting charges, or paving,
| or allowing discounts or rebates forbidden
| thereby, or who shall directly or indirscrIy,
enter into any agreement or undertaking, or give
any orders or directions for consent or ratifca-
ton to the carry ing OF freight on terms in any re-
speet Hi1efsnt from those prescribed in this Act
forbidden, or for violating the provisions of this
Acs IN any particular, shall be deemed guilty Of a
misdemeanor, and shall be punished by imprison-
months
Section s. Rates of freight or fare adopted BY the
Board Of Railroad Commissioners If not put in force
and complied with BY the railroad companies af-