Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1885-01-20


three weeks During This time no legislative
business was transacted in the Scntie. Ii
Is somewhat oi coincidence that the tirSt ma
tioaal deadlock should have occurred in the
fwentY-SiNth Congress and the first California
deadlock should uCcur in the fwcu.y-siNth
Legislature During She first session OF the
Ihirty-hr't Congress, in IS@-5u, twenty-five
days were occupied IN deadlock S2S ;he SeU-
ate meantime retElined from taking legislative
action. In the Senate of the ThirJy-ioufth Con-
grcSS, in 1876 two months passed before the
House organized, and TO bills were introduced
and no reports were mNdeby any C2Mm tee un-
til the organization was completed Executive
business was transacted but the practice was
not To receive bills a. all before the organization
OF the two Houses. FEc nactiou @. tha senate
during these three memorable tcndicclsS was
brought about by no rule or deCis a. and
indicated the. salt of no fehate
or formal action. The OD'v !usleation
of an opinion WdS given necymncr II,
1919, by Nicc-PreSiGeut Niil0rd Ij.epre, at
which time he said The imp;cS>.,,n u! the
iSlativc business can he had until both Houses
are olganiEed.' The impression of the
Nicc-PrcSiicut was not questioned, ana IN 1856
Nh. Gushing correctly stated the revealing
sixth Congress. ~ S1-tn. !. ri e was e.t.6ilshed
which was intended Io settle to1cvcr the uucS-
ton watch We now have under consideration.
That Sc Stou eoENCnCd December >, 1850. and
the House did not orAauigc until February |.
1863. In the meantime the Senate had received
bills retcrrvd them Jo committees, its commit
reports had been received and acted upon and
the bills had been twice read ON the 18th and
10Th OF January u discussion took place which
involved the legality ot the Senate'S action.
The question was ably discussed ia all its
phases That was senate composed of intel
lcctuai giants 1t contained such brilliant men
rs judah Z. benjamin. stephen \. Douglas,
William II. Seward Lyman IrumhUll Andrew
Johnson, BenJamlu +. WAGE, Charles sumner,
Henry Wilson, Iachariah Chandler Han
hal Hdmlin. William Z Pes rdcn
I.tl.a-
Lane and others Of Tie same stamp. William
NJ. Ciwinu was one OF Calitoruias Senators and
the first bin ON the calendar was his Pacific
Railroad bill. AlCr many suggestions. a test
question was arranged aS follows. Nr Binr-
ham of Michigan moved TO refer certain bill
to the Committee on Private Land Claims 4
question OF order was raised by Nj Mason of
Virginia, whose uhmc subsequently became
prominent in connection with that Of Mr. Sill
dell The question 10y request was submitted
to the decision of the senate instead of being
decided by The Chair. The question was. " Is it
in or,ier in the condition of the two houses To
refer the bill To Il committee The hil had
been twice read, ana the coustitutouality OF
the question was directly presented Tor test
vote. Fitty-two senators voted - yofing ave
and : voting no. one might as well attempt
" 10 paint the lily rs to improve upon the argl-
lncuts presented in the debate. The arguments
occupied a. considerable portion OF two days
and covered several PAGES OF the Congressional
Gio6c, beginning at page I.5 of Part
J. OF the Thir;y-SjXth session. Al that
~
pcrtiucutiy rs il did to the Senate of the United
States The Constitution was takeuaS The guide,
and the California Constitution should. with the
illUstritrlS precedent have cited, be our guide
our Supreme Court has decided that the Con-
stitution is not Il grant of power but is rather
restriction upon the powers of the Legislature.
Whatever powers are not forbidden can be cN-
ercised Nowhere IN our Constitution or Codes
is there Il syllable which indicates that we have
been transpcndiug our rights in shaping and
preparing legislation regardless of the election
ar ala NJ tf,a ptg'S Tlt.
twenty y-SiXth Legislature is convened and in
session, else why are the Senator'S and Assem-
blvmcu drawing their per diem Let lis follow
in the footprints of the grand men Who COM
posed the Senate of the Thirty-sixth Congress
let rs ratify the parliamentary rulings which
our distinguished Speaker has made during the
recent deadlock let us not be so childish ms to
undo the work we have ALREADY done: and let
MS establish a precedent which VIII he in accord
with the dignity of the body to which We have
been elected
Hazard said that there bCiuga question in re-
gird TO the legality of the bills already intro
6ucrd in The Assembly. he Thought il hest TO
have them all withdrawn and rcintrOduced. 1t
would be better in his opinion. to correct the
matter now than TO take any chances on what
the Courts might do in the future
Woodward SpoEe briefly in favor of the. report
and the r, r,intr6duction OF the bills now before,
the Assembly
Ellison (rctcrriur To NcGlasAan's remarksl
said ne had less fear OF the fifty succeeding Leg
isI,t1Irns hat ar, to look down mon II. than he
had Of The eyes of the seven Justices OF The Su-
preme Court when they should be confronted
with the laws nasscd lv this IegisIeture We
cannot assume that the supreme Cont will de-
eide mar The action of the House tins far has
bapn lcgaI and formal II would he better TO
.s,lont he ronort of the committee and then we
ehoH move aloup spoothIy and with greater
G ,t,.t,-
PARKS l,,bo had come in while tfa debate ,Vas
II, rr1s,,lssl t,oi ne ioar lie said IL ,,s NOT a
question ;lt ali AZ OK ilethc5 OF not ;ht. senate
was organized when these bills were Introduced
Ec bSd if was true held the senate 10 he n
continuous body and that was still hi, opinion
But when Senators disagreed with him on that
pTou0sition he was willing to give due impor-
tance TO their Judgment still, he regarded it
rs perfectly proper for the Assembly to trans
act any business that was not concurrent, and
while i'll the chair he had so held That Is all
there is of it. q" Is there, he asked, any con
stitutional or statutory law that prescribed how
when or in what manner bill shall be intro
duced? Not one. L is amere rule of the House
The Constitution does, however, provide that all
bills shall he read AT length on three separate
days before being placed upon their passage,
and that ali shall he printed. Ii does not say
anything about the manner of their iuirOduc-
tion, nor of their reference TO commit
tees. All this is done under the rule
of each branch Of the Legislature. acting in its
own way Who win say that the violation of
any rule of the Assembly would inv3lidatc Il
law passed by the Legislature? Surely. nobody:
for il is of no value 10 any other body depart
meut of the Government what the rules of the
Assembly might be Il is really not q question,
at this time. as to whether the Senate is con
tinuous body he held, however, tina il would
do no harm TOR any member who might choose
9, 10 d. t b,, ~ JiIi, ,,.;tl, 9-o,,, - tJ,o,,