Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1885-02-19


complete the works committed to my charge
| with the appropriation made two years ago.
Second-That 1 had used moneys, apprc-
priated for State work, in the surveying of pri-
| vate lands for the benefit of private individ-
| uals, and in making maps for private indi-
| yiduas.
| Third-That had neglected official duties TO
| attend to private business.
Fourth-That had interfered in the munic;
pal affairs of the city of Stockton, in the matter
| of sewage works, because had not or could not
! get some commission on the work.
These charges, one and all, most emphatl-
| cally denounce rs false, and at the same time
| respectfully suggest that, as they are directed
| against me personally, and not against the de-
| partment. my official conduct should be in
| quired into and reported upon by a duly anthor-
| lied committee and that the result or proceed
| ing should have nothing to do with the matters
| pertaining to the State Engineering department.
1t is within the province of the Legislature 10
remove me from office if l have done wrong. |
stand ready to answer for NY NY o HsM H fonauc
State Engineer
Coleman moved that committee of three be
| appointed for the purpose, as requested, OF IN
| quiring into the allegations made against state
Engineer Hall by Corcoran. Lost
TREASURES RELIEF BILL.
| Swavne moved a reconsideration of the vote
whereby the bill for the relief of County Treas
urers had been defeated. Carried-ayes 43,
noes 81.
bill ii was passed by vote of - ayes to 81 noes.
French moved to reconsider the vote by which
Henley's Road Overseer bill was defeated. THE
bill provides for the election of Overseers, in
stead of appointment | Lost
Roseberry moved to reconsider the vote by
which Assembly Constitutional Amendment No.
S was refused first reading. Lost.
on SPECIAL FILE.
Senate Bill No. 81 public school textbook
bilD was reported back correctly engToSSed, and
would have been put upon third reading, but
Jordan, Chairman of Committee on Education
asked that the bill be referred to a special com
mittee of one for certain changes to be made
and to be reported again to the Assembly i'm
mediately. He submitted the amendments
proposed: One was to require any author
whose teXtb book should be offered to
and accepted by the State, TO grant 10 the
State copyright of same, together with eXclu-
sive right to publish and sell the same within
the State of California. A second amendment
strikes out that part of the bill which permitted
other states the right to acquire copies of the
electrOtype plates of the textbooks adopted by
this state. and third change i'll the bill places
the question of determining the quality OF pa
per, binding, etc. of the textbooks in the State
Roard of Education, instead of leaving 1t in the
hands of the State Printer Upon motion the
bill was referred to il committee of one (Jordan)
to make the changes III the Dill suggested. Mr..
Jordan attached the written amendments to the
copy of the bill and returned it to the Assembly,
when il was ordered to be printed, and will
come up on the special file to-day for third read
Assembly Bills Nos and Ito determine the
amount and to provide for the payment of Il de-
fciency in the support of the state Prison at
San Quentin for the thrty-tifth and thirty-siXth
fiscal years Read first time.
Assembly Bill No. 205-Making appropriation
for deficiency III appropriation for official adver
Using for the thirty-second fiscal year. Read
first time.
GENERAL FILE.
Assembly BILLS Nos 10 and 100 were with
drawn by their authors.
Substitute for Assembly Bill No. 19-Providing
G,, +b, creation IF Tho cnnntv of ORANGE from
~ southern hale of Los Angeles comfy Read
-. -, W -
1-snnlii,. Bill NJ 41a-To nrevent tha sale of
+,i'.,c,.i tn Minors pnod arr lime
Ascoy,i,l,. piIIs Nos $50 3n5 and 373 were with
drawn
Assembly, Rill No 3l7-Ralatinn to local or
ton Rafiscd first reading
assembly, Cnnstifnfionai amendment No 10
Pe1atine ~ salaries of Justices of the supreme
a1j s,lT7erior Courts Passed ON file
NsserI,Iy Xiii No DE- 1prndinG the Nunici
mol f'ornotation Act Read first time
teSo1IIhi1- i,iII M 12S-ReIntinm IN danosits of
s,,f.lj,1af in etrna,,,s i'm Yosemite VALLEY
McC;Ioebon moved to refer the hin 10 the Com
- on Eib H,,d CnISn 7 oSt ond tho hin
raai tho tiret limo
D. Ncii,Tlir Establishing water RIGHTS
coo;;n,issi01, ltha Wcc.inra hin Water Riehts
o,,d n rai,1.,o
Bv NrnnGS7v.Ra latinp IN testimony taken in
ori,3i M c"ces b1dicisrv
- BIs, ~ IN !, \,
4 VA
Evening session.
The House re-assembled at 80 p. NJ.
The special order of the evening-cOnSideTa-
ton of Assembly Bill No. 40, relating to irriga
tion-was taken up.
McJunkin's motion TO strike out Section !
trepealing Section l422 of the Civil Code was
lost
Ellison moved to. amend by striking ont Sec
ton ,, which declares against that portion of
riparian rights. as being rcpugnant to and in
consistent with the climate, topography, and
necessities of the people of this State. He
argued al some length in support Of his amend
ment declaring Section > TO be full of danger To
the welfare of the State. The riparian owners
would not surrender their acquired rights sim
ply because this Legislature might declare that
no such rights ever existed under its laws. If
the common law be not 4 part of the law of this
State, where are we going 10 find our law? Most
OF the land i'll this State was acquired from the
Federal Government, and he failed TO see how
this State could pass any laws to oyerturu the
authority of the Government. 1t would be well
to pause and ask ourselves if we can repeal the
laws OF Congress, which declare that the owner
ship of land extends to the water thereon. Pass
such a law rs that proposed. and II would be
but false light to lead supplemented men on
to their financial ruin.
fiTchaugh favored the motion to stri Ike out,
and read from a decision of the supreme Court,
in mining case, to prove the private owner
ship to certain water privileges enjoyed hy Il
mining company. These privileges the Cont
held, were not OF those that could be condemned
for private Ii is useless 10 try to lcgslatc
upon Il subject that viii not bear legislation.
Why pass bills that cannot possibly withstand II
test in the Courts?
Ellison's motion 10 strike out was lost.
McJunkiu moved to amend Section , by pro-
vidmg that nothing in the Act shall affect liti-
CATION now pending III the Courts. Lost.
Weaver moved to amend by striking out Sec
ton = which provides that ''all existing rights
Of appropriation are hereby confirmed Car
ried.
Firebaugh moved to strike ont Section G.
which repeats all laws in conflict with this Act.
Lost.
Walrath moved as a substitute for Section 6, to
provide that al existing rights for milling. min
Ing. manufacturing etc, are hereby confirmed
Jones oppased the amendment which he de
clared was intended to set aside all decisions
heretofore rendered to protect the farmers of
the Sacramento valley from the evils of hydraIl-
lie mining.
Barnett indor cd the views expressed by
Jones
WalTath substitute was lost.
Britt moved 10 amend Section so rs to read
" That portion of the common law of England
which relates 10 riparian rights land which for
bids the diversion Of water from streams Tor irri-
cation i}IrboStsL'' etc Lost
Another amendment offered by Walrath to
Section was also defeated as likewise one to
Brt moved to sJiEe ont the etaGt n clause
% hoSs. - III. $50. e,..,..-.,
Jold4H moved 10 StTlke out oectiojl . on tilS
I'M "llch PpNlctS MAJ any PclSoi ie'
y! tlie VI .e Iisy vi @ ~ VI
''!tol una! uilh5 u'y ~ 4o'o' u '' 'le
ili W. S M a. 49, i-o5 1@7 ,..,1
me b4ll was iNil p4''t W tiiE L'9SNt-