Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1885-02-20
CALIFORNIA LEGISLATURE.
XVI. ACKNOWLEDGEMENTS DAY.
SENATE.


,ett in the chair. Roll called and quorum pres
mt. Prayer by the Chaplain. Journal of yes
erday read and approved.
Senators Cox and Foster and Spencer OF Napa
allowed one days leave of absence.
Boone offered resolution that the Secretary
If State be instructed to supply complete sets OF
he California Supreme Court Reports to the
United States District Courts of California Ne
'ada and Oregon. Referred TO Judiciary Com
nittee.
REPORTS OF COMMITTEES.
By Knight (Finance)-Senate Bill No. 2i0, re
ating TO the payment of election rewards; also,
senate Bill No. 292. TO pay the Indebtedness
,aused by calling out the State militia at Stock
on to enforce the law; favorably.
By Dougherty Clalmsl-Assenbly, Bill No.
SO, to secure the wages of persons laboring on
machines; favorably.
Johnson of Sonoma (Education)- Senate Bills
Nos. 276 and 277, amending the Political Code:
avorably as amended Also, Senate Bill No.
81, to establish Home for Fes BILE minded Chill
lren; also, Assembly Bill No. SO, same subject
matter; adversely.
MESSAGE FROM THE GOVERNOR.
message was received from the Governor
his approval of Senate Bill No. II,
% create Il State Board of Horticulture. Also,
he appointment of Philip Caduc as Pilot Com
and J. c. L. Wadsworth Insurance
Commissioner.
1t was moved and carried that the considera-
lou of the Governors message be made the
y after reading the journal.
Senate Bill No. 1910 establish branch
State Normal School. Read third time.
The question being on the passage of the bill,
Senator kellogg said: When Assembly Bill No
l03 was before the Senate on its second reading,
it was amended in several very important par
tlcularS. After the amendments were adopted
the question rs stated py the Chair was, Shall
this bill be engrossed and read a third time ?
The ayes and noes were called and duly re-
corded. The vote stood 16 in favor and q
against engroSsment-37 Of the 40 Senators on
this floor voting on the proposition. IN my
opinion the vote shows the pronounced judg-
ment of the majority OF this Senate that another
branch Normal School is not needed in this
State at the present time. With that judgment
| have no fault to find. Four years ago in this
Legislature my vote was recorded against the
of branch Normal School at Los
Angeles and | believe the events of the last
four years have shown that my Judgment was
better than some of those who voted otherwise.
Among the Senators who voted against the
of this bill ] find eight Senators
constituencies in Northern Cali
fornia, and l think unless we can come here
and present Il harmonious front in support of
the measure that the bill should not pass. II
might be a good thing for some particular town
in Northern California, but we are here to work
for the interests of the State, and l hope this
bill viii receive its quetus on this vote.
Taylor said northern California wanted the
school, and although they had been defeated in
1 ~
pass He was surprised that the senator from
P.umas should oppose the passage of the bill,
having heretofore, as he supposed, been friendly
to it, and having advocated amendments to it.
If the amendments were put there for the pur-
pose of loading down the bill it was not in good
faith. hope all the Senators who voted for the
bill locating the school al Shasta, and all friends
Of northern California, will vote for the bill
now.
Kellogg admitted that on second reading he
had favored certain amendments, but had dis
tinctly stated that he was not urging the merits
Of the bill
1t was moved and carried that the bill be
made the special order for tomorrow morning
after the special order already set.
SECOND READING OF BILLS.
Senate Bill No. 52-Providing for the erection
of buildings for the custody of insane criminals,
and persons charged with crime, was read a
second time.
Of $500 600 for an additional asylum Tor the in
sane was then taken up The question of the
location brought forth considerable discussion
Reddy claimed the location ought to be on the
30 acres of land owned 10y the state ut the site
Of the Napa Asylum for the Insane. Sl25, 900
would be sufficient to erect the asylum there.
Nrooman said no other State in the Union had
a habit of splitting up its State Institutions as
was done in California lie thought 100000 ii
year could be saved if there was only one State S
Prison instead of two, and SI50,o0O could be
saved if there was only one Asylum for the
Insane.
Knight said he would otflr All amendment re-
ducing the appropriation to $4,000.
Whitney pointed out the danger of congre-
eating many persons in buildings which were
close together, rs would be the case if the addi-
iional asylum were located on the grounds at
Napa.
Recess.
Afternoon Session.
The Senate met at > P. NJ, President Daggett
in the char
Chandler moved to take up Assembly Bill No.
221, TO appropriate money to pay tie indebted
ness Incurred under the Drainage Act. Carried.
Read first time.
Boone moved that Senate Bill No. -. provid-
ing for an additional insane asylum, be referred
to the Committee on Finance, with instructions
to prepare the bill for action by the Senate
Knight said the Committee o. Hospitals had
examined the asylums and found them like
and, after great consideration the
committee had prepared the bill
Notion lost
Several amendments were then made to the
bill reducing the appropriation to 62GJ,GO0 and
providing that the Trustees of the Napa Asylum
should be the Trustees Of the new asylum and
that they should select its site.
REPORTS OF COMMITTEES.
BY Cross Judiciary Bill No is, declar-
Ing the idehti y OF married women: flvorably as
senate Bill No. 1875, relating to assess
ments and questioning the legality of taxes: adj
versely. Senate Bill No 2U2, relating to revenue.
also, Senate Bills Nos. 19l and 1872, relating to
revenue and taxation; referred to Committee on
Finance. Senate Bill No. 227. relating to writs
Of mandate: tavorably, as amended
By Lynch Contingent EXpenses)-Al Allowing
state Prison Committee $500 mileage: also Com
nittee on Military Affairs, sol 30: also, Commit
tee on Hospitals $500
BY Creighton BIZ No. 2ls, authoriz-
ng The erection, furnishing and construction of
l hotel in Yosemite Valley, and appropriating
5000 therefor; tayorably, as amended.
GENERAL BUSINESS
The following bill was introduced
By Parklnson-To prevent unjust delays and
expenses IN cases OF unlawful detaner OF real
property. judiciary.
By Reddy-From the Board of Directors of
he immigration Association, requesting the
Jest legislation to secure the ijIrtherance of az
couture by irrigation.
Mcclure moved il be referred 10 the san Fran
,iscO delegation. So ordered,
The following petition was introduced:
BY COX-A rcmonstrance against the proposed
measures in regard to irrigation. Referred to
he Committee of the Whole
Vt $50 p. ". the President declared the Senate
O be in Committee of the Whole.
Cox asked that the petition be read to the
The petition, which is from residents Of Kern
county, was read asking that n commission he
appointed TO inquire into the subject of irriga-
ion, and demonstrating against the proposed
measures contained in Assembly Bills Nos. 10
Ind III, which, il carried into effect. would
mount 10 conhScatlou of their property.
Senate Bin No. 30, to amend Title VIII of
Part ~. OF the Act to establish Il Civil Code, APP
proved March y, 1872, by repeating Section 1I22
hereof, and by adding thereto new sections
Az, 1928 IA and lbs for the appro-
lriation of water for irrigation purposes, and
declaring such purposes Il public use, and to
'ome within Title III of Part Ill of the Code Of
'iYil Procedure of this State, was then taken up
and read the first time.
Section |. Section l22 of the Civil Code of this
state is hereby repealed.
DeLong offered an amendment to Section l, as
olOWS " Section 1i22 of the Civil Code of this
state is amended 10 read as follows: Section
i22. The right of riparian proprietors to the use
d water in running streams for actual family
md domestic uses shall not be impaired by the
provisions OF this Act. and the appropriation or
diversion and use OF the water of these rivers
md streams, except the use by the riparian
)wners above stated shall be subject to appro-
Driation, diversion and use for manufacturing
mining and irrigating purposes This is offered
n good faith, 10 enable myself and some other
rieuds of this bill TO vote for ii. The cold
FLOODED proposition to strike out Section l422 of
he Civil Code il Il thing | am not in iGLyor of
neither can l vote for it. ~
Reddy-The question presented by section
IF this bil IS whether the riparian doctrine
hall continue to be the law OF this State or not
t that be continued i'll full force the results
nave already been 1ully deScril~.iv We all UNI
ierSiand what viii be the consequence of main
aiming that law. The object OF this bill Is to
,hauee the law in that respect for the future
e it has been The Law in this State. and rights
nave vested under il, every citizen must under
tand that these rights cannot be diverted by
my legislative enactment. IL is something
Fhich every man understands and understands
ul we'll, that this Legislature cannot divert or
axe away from any man, rights which are
rested in him by laws heretofore existing and
ye want to present this question fairly aud
quareiy IN order that there can be no misun-
Outstanding about it. The eject of this section
5 that there shall be no more riparian owners
n this State-those TINT exist must of courSe be