Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-09-09
CALIFORNIA LEGISLATURE.
EXTRA SESSION.
SENATE.

EXTRA SESSION.
SENATE.
WEDNESDAY, September s. 1886.
| The Senate met at II A. NJ President Daggett
in the chair Roll called, and quorum present
| Prayer by the Chaplain. Journal of the pre-
cedlns day read and approved.
MILEAGE OR PER DIEM?
Cross offered a resolution directing the Com
| mtttee on Contingent Expenses and Mileage 10
| inquire into the matter OF allowing mileage to
\ the Lieuteuaut-Governor and Senators OF the
| prorogued session, and also to determine what
| per diem NAV be due attaches for the time COW
| cred by the recess.
The author OF the resolution said he regarded
the present session distinct from the last, and
| that while members of the Senate should not
receive their per diem during the recess they
should have mileage. The recess was mot OPP
tional with them, but was the act OF the Execu-
tive. In many cases the mileage allowed will
not compensate members for their actual eX-
penses in returning from their homes TO the
capital.
Kellogg believed that members were entitled
to their per diem during the recess, but not to
mileage.
Lynch speaking on behalf of the Committee
on Mileage and Contingent Expenses, expressed
desire 10 have the resolution discussed, i'll Or
der that the committee might have light on the
subject. There were nice points involved, and
the committee desired to avoid mistakes. 1t had
already considered the matter of the mileage of
members and was inclined to think that they
and certain attaches were entitled to mileage.
The resolution was adopted.
MISCELLANEOUS BUSINESS.
Cox offered a resolution allowing Martin
Steinman 81 per day for lighting the gas in the
Senate chamber. Referred.
Boone moved 10 take up Assembly messages.
Carried.
The Secretary then read Assembly joint reso-
luton directing the Secretary of State TO provide
each member of the Legislature with a set of
the debates of the Constitutional Convention.
Del Vale suggested that it be amended so as
to include water pitcher fofSeach member.
Taylor moved that a recessp taken until l
+. u. Carried.
Afternoon Session.
Filcher from the Committee on Engrossment,
reported that Senate Bill No. Is had been cor
reetly engrossed.
WORK on THE FILE
Senate Bill No. LOAN Act to provide for the
formation of water districts and of irrigation
districts. and for the preservation and stribu-
ton of the waters OF the State for agricultural
and other purposes Passed on file
Senate Bill No. 5-An Act to declare the title
to water in rivers, streams, lakes and ponds,
and the right TO its use Passed on file.
Senate Bill No. IAN Act to propose to the
people OF the State an amendment to the Con
stitution of the State of California, relative to
water and water rights. Withdrawn.
THE QUESTION OF LEGALITY.
Days offered long preamble and resolution,
alleging that the present session is an illegal
one, and resolving that the Senate declare itself
adjourned sine die at noon on Friday.
Ruled out of order
Taylor moved to take recess till noon on
Friday.
Ruled out of o-der, as the Assemblies action
90 the Senate resolution to adjourn sine die at
midnight on the 18th had not been reported to
the Senate.
SECOND READING OF BILLS.
Senate Bill No. 1l-An Act to propose an
amendment to Article NV. of the Constitution,
relating to water rights, by adding sections 3, L.
>, o. and S.
Section provides that water flowing in all
non ayigable rivers, streams, creeks and nat
raj courses within the State OF California is the
property of the public and is dedicated to the
use of the people of the State. Such
water may .be applied for purposes of
supplying. cities, cities and counties,
towns, villages and hamlets, navigation, ir-
rigation and other beneficial uses. The use of
said water to be granted or leased for term of
years, not exceeding twenty, upon conditions
TO be prescribed by law.
Whitney offered to strike out the last pro-
vision, fixing the duration of water leases at
twenty years
Days argued that the term might be reduced
rather than stricken out.
Cross thought the matter should be left to leg
islative action, instead of incorporating it into
provision OF the Constitution
Mcclure favored the view of Cross.
The motion to strike out prevailed.
Filcher moved TO insert the word mining
after navigation" Adopted.
Taylor moved to amend by adding after the
word " California" the words, the right TO the
use of which is not vested in private owner
ship" Lost, by the following vote:
Ayes-Boone, Chandler, Cox, Drumm, Paimi-
eri, Sake, Tay lor-7.
Noes-Cross, Days Del Vale. Filcher. Hurl-
burt johnson of San Bernardino Kellogg, Lowe,
Mailer, Mcclure, Parker. Parkinson Reuter-,
Steele, Wallis, Whitney, Wright-l7
int
ton of all systems OF said water derivation, dis
tribution and drainage, the Governor, by and
with the consent of the Senate shall appoint
State Water Commission, of three suitable per
engineer; the term, duties and emOlumentS of
Office Of said Commission shall be prescribed by
law.
Section ,. For purposes of irrigation, and
drainage in connection Herewith, there shall
be established, when necessary, irrigable land
districts that may be irrigable by the waters of
the aforesaid rivers, streams, creeks, and
natural courses, in such manner as shall most
equally apportion the distribution of the said
waters upon the lands of the said districts pro-
vided, that the aggregate or total area of such
districts upon any one natural water
channel or source shall not require an excess of
the mean annual supply of water therein for
irrigation and agricultural use. The location,
extent and area of each district to be de-
ternined by the said Water Commissioners
upon iudciOus irrigation practice, and may
be prescribed by law
Section u. me stale may, by law, undertake
and complete the construction of headworks,
dams and other appliances for the, raising,
flowing, and storage OF water, and the legal in
terest on the cost thereof shall be annually
levied upon the irrigabe lands of the districts
for whose service they may be intended. to-
gether with the cost of their repairs. and the
proportional expenses OF the said Water Com
missioners' establishment estimated upon the
whole number of districts under its charge,
such leves to be paid annually. The Legsla-
ture shall pass all laws necessary to carry out
the provisions of this article.
Cross moved to strike ont the words bracketed
above and insert " Collected from the waters
furnished by such works at uniform rate.
Lost
Whitney moved to add to the section the fol-
lowing And to provide a sinking fund for
the payment of the cost of the works contem
plated by Section g.
Cross held that such a thing could not be done
under the Constitution.
SIDE QUESTIONS.
A message was received from the Assembly
announcing the fact that that body had ad-
journed till Friday, the 10th, at r. NJ, and
pending action ON the amendment, Wallis
moved to ajOurn until o clock =. u. on Friday.