Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1884-05-10
ASSEMBLY,.

The House met at 10 A. NJ, Speaker LaRue IN
the chair.
Brown of Alameda was brought before the bar
of the House, reprimanded by Speaker pro TEN.
Atwell. and fined s., for being absent during
the call of the House Thursday.
Nicol was excused until Tuesday, on account
of illness in his family
Keeer's bribery bill was refused a third read
ing. Weaver gave notice of reconsideration.
Cutters bill, to regulate the vocation OF fish
ing ETC. was read third time and passed.
Kiehl arose to Il question of privilege. He said
he had read in the RECORD-U MON ; report OF the
legislative proceedings that he had been brought
before the bar of the House and also that ne be-
lOnged to the San Francisco delegation. The
first assertion was bad enough, but the second
was humiliatiag. He represented an Intelligent
and respectable constituency. Both charges
were untrue. Ii was RaWle instead OF Rlehl,
Il mistake III print.
The House refused the second reading Of
Storkes bill relative to the assessment Of mort
Johnston's Assembly Bill No 60, an Act 70
authorize the payment of certain moneys tine
railroad taxes nov in the hands of the Attor-
ney-General into the state treasury and into GER
tain county treasures was taken up on its sec
ond reading.
Atwell spoke against the bill, claiming that
the present law was ample. If the Attorney
General had any money belonging to the State
he should pay il over ut once. He claimed that
the checks held by the Attoney-General. depos-
tied by the railroad company, was not money,
Johnston said the Attorney-General did not
hold checks but two certificates of depOSit-One
on the Bank of California and the other on the
Bank of Nevada. The member from Tuiare
was wrong when ne asserted that the money
could be paid i'll under the existing laws. The
speaker said the State stands very much in need
of this money to run her public institutions, par
ticularly her public schools. Vote against this
bill and you cast ballot that will close the
doors of every public educational institution III
this State, Vote against this bill and the weeds
will grow around the village sehool-houSe, ana
the rising generation will lose one year d their
now too limited education. Vote against this
bill and go on record for 50 doing, if you
dare. Then 90 home TO your constituency,
aud when you pass the deserted school-house.
be manly enough 10 say, " / am the cause OF all
this" They will remember you with remem-
brance not soon forgotten. They Will say
4" Away with the Democratic party-a party that
will not accept payment on account. II you
defeat this bill you Will be forever debarred
from holding another public Office. The people
will rise in their might resent this great wrong,
and consign to eternal political Oblivion every
man who dareS record himself against this very
necessary bill
Storke made lengthy and excited speech in
opposition to the bill. He was loud in his de
nunciation of the railroad. and intimated that
members the floor were representing the
railroad corporations.
Gutter thought Il portion of the remarks
made by Storkc entirely uncalled for. That
gentleman had referred to members differing
with him in opinion as - in the interest of the
railroads" and intimated that they were not
conscientious in their action and votes. so far
as he Gutter was concerned, he would inform
the gentleman that he represented in his course
and vote upon the floor the almost unanimous
sentiment of the county Of iuba and, in his
judgment. represented it far more correctly than
the gentleman did that Of Santa Barbara.
That county was crying aloud for railroad
facilities but ii would cry in vain il the meas
ures Mr.. StoTke and those of the same mind APP
proved became laws, for no corporation. no
HTntr1d no 1Ifrh 10
engage in further railway building in this State
if the ''Cinch bills were enacted into statutes.
It might be unfortunate thing for Yuba
county that its citizens could not or did not rise
to the pinnacle of wisdom in this respect that
the people of Santa Barbara did. if represented
faithfully by Mr.. StOrke. But at all events they
were satisfied with their Ignorance, if ignorance
ii were, and as their representative he Gutter
did not propose to allow himself to be either
directly or indirectly accused OF acting in viola
ton of his conscience and in the interest of cor
pOrations, when he simply rejecting the
will of those who had elected him. On his own
behalf and that of those on the floor who
thought and voted with him, he protested
against this arrogant assumption of exclusive
virtue on the part OF the majority and these
uriWarranted asperSionS cast on the minority
who had an equal right TO their opinions, even if
adverse to those of the gentleman from Santa
Barbara and of members from other southern
counties which section of the State the county
of Nuba cared nothing for and had little. II any
interest in common with. so far the bill
under consideration was concerned it simply
provided that this money should be received BY
the state on account This waived no right
and the money was much needed by many
counties particularly FOR the school funds The
money was now under the control of the
AttOrneyGeneral. without any bonds, and
should the bank where it was placed fail he
Gutter would like To know who would be re-
sponsible. Should such thing happen, and
the Supreme Court Of the United States affirm
the judgment of the Circuit Court in the tax
suits the State would absolutely and forever be
ont this large sum of money.
Wallace said he not frightened at the
threats of the gentleman from Napa Johnston.
If the life of the Democratic party depended on
their passing this bill, then he thought it had
outlivcd its usefulness ought to go and he would
have no tears Of regret To waste over its demise
Johnston he said, would have the House stultify
itself He would have them by this vote nulify
former actions. He was opposed to the bill. If
the railroad company was allowed to pay on &C
count, then other and smaller taxpayers should
be accorded the same privilege.
Campbell said if the Acknowledgement has ac-
Cepted the money on account, no man could say
that all of the rights of the state had not
been preserved. Why not pass this law Il has
been drawn up with great care Pass this bill
and the authorities will be allowed to receive
this much needed money on account. The PEG
pie of the state cannot, would not object. Under
the existing law the Controller cannot issue a
certificate for this money. He would like to
have the members lay aside their prejudices for
a moment and point out one single objection to
this bill or the impToprcty OF the State rcceiy-
ing this money which belongs to it, Taking
this money will not change in the least the
status of the cases 1t is no compromise of the
dignity of the State nor is II satisfaction of
any Judgment. 1t Is simply and only payment
on account. It was sacrifice of no principle,
and he should vote for it.
Beard said he opposed to the passage of
the bill. for. in his opinion, it would be humil-
iating. The people of his county tStanislaUs)
were proud, and rather than suffer this indig
nitv they would raise sufficient money by sub
tn rt1p
Storke moved to adjourn. Lost.
At 12:l5 motion was made 10 postpone
further consideration of the bill. Lost.
Atwell moved to indefinitely postpone the
further consideration of the bill Lost-93 ayes
80 noes.
Storke moved to adjourn. Yell moved 10
amend by making il sine die
Johnston excitedly exclaimed, " Mr. Speaker,
would like to know who are the obstruction
lists in this House
The hour for recess having arrived. the
Speaker declared recess until , 2. NJ.
AFTERNOON SESSION.
Leake Secretary fthe Assembly was granted
leave of absence on account of sickness.
HOLSTER asked leave of absence 50 as TO be
able TO attend the horse races, but the request
Assembly Bill No. 60. which was under con
siderition at the close of the morning session,
was again taken up. Atwell moved TO strike
out the enacting clause which was seconded by
Atwc}, said the Attorney General had no right
to do what he had done He was here to say
that the Acknowledgement was not rascal, but
he was 7,Ot here to say that he was not tooi. He
asserted that the House had nothing whateyerto
do with the matter.
Cutter-Don't you know that the Controller
instructed the county officers throughout the
State not to receive the money from the Attorney
General?
Atwell-To the devil with the Controller He
must not assume 10 know more than the highest
law officer Of The State. Let the Attorney Gen