Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-08-11
ASSEMBLY.

| TUESDAY, August 10, 1886.
| The Assembly met at l0A. NJ, Speaker Parks
| in the chair, and quorum present.
The Clerk read the reply of Justices Morrison
! and Sharrstein to the charges preferred against
| them by Judge Terry. This communication,
! which was addressed to Speaker Parks was pub
| lished in the RECoRD-UNION on Saturday last.
The committee appointed By the House to in
| vestigate the charges-Morrisr Chairman-made
| the following report:
Your committee, appointed to investigate the
| charges against Hon. K. +. Morrison, Chief JUS
! tice, and Hon. John r. Sharpstein, Associate
| Justice of the Supreme Court of the State of
California, preferred by David S. Terry, after Il
! full and complete inquiry and the examination
of large number OF witnesses respectfully re-
port
| That the said charges are groundless. the ev-
! idence taken and herewith Submitted to the
| House showing neither mental nor physical in
| capacity on the part OF either Justice to per
| form the duties of his Office. Your committee
| therefore recommend the adoption of the fol-
lowing resolution. and ask to be discharged
| from fuIther consideration of the subject
| Res0ired That The charges heretofore pre-
! ferred against the Hon. r. F. Morrison, Chief
Justice, and Hon. John 4. Sharpstein, Associate
| Justice of the Supreme Court of this State, he
and they are hereby dismissed, being wholly
! unsupported by the evidence.
| Yuie moved to amend by striking out the
words being wholly unsupported by evil
| dence."
| MeGlashan- member of the committee said
! he hoped members would not vote for this
amendment until after they had read the testi
| mOny taken; which was now in the hands of the
printer and would soon be placed upon their
| desks He was satisfied that all who read the
testimony carefully would fully agree with the
committee that the charges were wholly un-
founded, and would concur in the report OF the
committee. At his suggestion the report was
temporarily laid upon the table.
| SPECIAL ORDER.
| The hour for the special order-consideration
| of the bill repeating Section 1422 of the Civil
| nJa taI nd cd fhot ba
\ had withdrawn his amendment to Walrath's s
amendment.
| Walrath's amendment or substitute, is as fol-
| lows section 1422. Nothing in the foregoing
section shall in any manner be construed to
| interfere with proprietors natural rights,
| which shall be construed to be water for family
and domestic purposes, for the purpose OF
watering live stock, and water for irrigation
purposes, TO such an extent as shall have been
appropriated and used up TO the time of the
passage of this Act.
monioTs debate between Walrath, Jones, Nc
| Glashan, Ellison and Firebaugh fJT and Mum
| day, May Lowell and Hazard against it.
In the heat of the debate Hazard said if the
author of the bill would agree to insert " ripari-
! an right instead of - natural right" he would
| support the amendment Much to Hazards
surprise, and evident discontinue. the mining
| member from Nevada sprang to his feet and
| cried out '+Mr. Speaker, accept the amend
ment"
The amendment, however, was lost by the
Ayes-Allen, Buhlert, Carter of Solano. Colby.
! Culver, Davis, Deyeny, Ellison, Firebaugh, HaZ-
ard, Hollister. Jones, Kalben, Laughlin. Nc
Van Voorhies, Wairath, Watson of Alameda,
Ward OF Butte Wood woodward-26
Noes-Asher Banbury, Barnes. Beard, Britt,
Carter of Contra Costa, Clark, Cook, De Witt,
Doolingr Douglas, Edwards, French, Gregory
Heath, Henley Haywood, Hunt, Hussey, John
son, Long, Loud; Lowell, May, Mcdonald. Nc
son, Pellet, Pyle, Reeves, Sullivan, Swayne.
TORY, Watson of Ell Dorado. Ward of San Iran
cisco, Weaver Whitcomb, Yule, Mr.. Speaker-l3.
Several other amendments were offered by the
minority. which were voted down.
The bill finally was ordered engrossed and to
a third reading by the following vote
Ayes-Ashe Banbury. Barnes, Beard. Black.
Britt Buhlert. Carter of Contra Costa, Carter of
Solano, Clark Cook, Culver, Deveny, De Witt
Dooling, Douglas, Edwards, Franklin, French,
Hazard, Heath, Henley, Haywood, Hunt, Hus-
Lowell, May, Mcdonald, Mclean, MeMurray,
MeaIs, Mofftt, Norris Munday, Patterson,
Pellet, Pyle. Reeves, sullivan, Swayne. TORY,
Watson OF El Dorado, Ward of Butte, Ward of
San Francisco, Weaver, Whitcomb, Yule, Mr..
Speaker-53.
Noes-Alen- Colby Daley Davis, Ellison, Fire
baugh Hollister JONES' MeGlashan, McJunkin,
Watson of Alameda, Wood, Woodward-17.
Lowell offered a resolution that the Speaker
appoint committee of five to act with the sac
ramento citizens reception committee to 9. A.
R. celebration. Carried
The Speaker appointed as such committee
Lowell, Douglas Banbury, Edwards and Nc
Junkin.
Afternoon Session.
The House reconvened at 2R NJ.
Heath, Chairman of the committee, reported
back all the business in its hands as follows:
Assembly Concurrent Resolution No. l, rela-
tive to water and water rights, pass as amended.
Assembly Concurrent Resolution No. 2. Tela
tive TO water rights, and recommend the pas
sage of the committees substitute.
NIB o. n
relative to the public waters OF the State and
recommend that it do not pass, for the reason
that the same embodies principles contained in
Assembly constitutional amendment No >.
Assembly constitutional amendment No. .,
relative to water and water rights. without re-
eommendation.
Assembly constitutional amendment No. ;,
relative to water and water rights, without re
commendation.
Assembly constitutional amendment No. s,
relative to the public waters of the State, that it
Assembly constitutional amendment No. 10,
relative to the judicial department, without re-
commendation.
Assembly constitutional amendment No H.
that it do not pass No 4, as amended, conforms
to it.
relative to the judicial department, that it do
Assembly constitutional amendment No. 10,
relative to water and water rights, without re-
commentator.
Assembly constitutional amendment No. II.
relative to judicial department, that it do not
pass.
WHEREAS, The Grand Army of the Republic
will hold a celebration in Sacramento to-mor-
row, Wednesday, August H. 1886. therefore be it
Resolred That when this House adjourns that
it adjourns until August L, 1885, at II o. clock
A. NJ. Lost.
BY May
Rssolued by the Assembly, the Senate concur
ira session of the Twenty-sixth Legislature be
and is hereby allowed to Martin Steinmetz, for
lighting and caring for the gas-lights of the
Assembly and Senate chambers and the Con-
troller is hereby authorized to draw his war
rants, one-half on the contingent expense ac-
count OF the Assembly and one-half on the con-
tingent expense account of the Senate, in pay
ment of the same Lost.
ONE THAT WAS NOT LOST.
! Resolced That the Secretary of State be and
he is hereby requested to furnish the Controller
with a statement of indebtedness to his office
by members of the House for postage-stamps
! andstationery, and that the Controller of State
thereupol draw his warrants against the con-
tingent expense account of the Assembly for
each member, severally. covering ihe balance
due upon the S2o allowance heretaSore made.
Swayne introduced bill appreTTiating 5000
\ to pay the expenses of the extra session Re-
| ferred TO the Committee on Ways and Means
| GENERAL FILE.
| The general file was then tsken up.
| Goacher's Assembly Bill No was amended,
:; read a second time and ordered engroSsed aiaG
/ TO a third reading.
/ The bill as amended reeds as follows:
Section /. The water e{ every natural st.sem
within the State of California is the properly OF
| the public, and is dedicated to the use of the
| people of the State. Such water may be appro-
priated, diverted, and used for irrigation or
| other beneficial purposes. The right TO divert
| unappropriated waters of any natural stream to
J such beneficial uses shall be regulated by law.
! Prior appropriations of water to any such use,
whether heretofore or hereafter made, so long
! as applied to such use or other beneficial pur-
pose, shall give the better right 20 the extent of
!. the amount of water actually diverted and ap-
piled, and the right of appropriation, diversion
and use shall be exercised under legislative
regulations porided. the navigation in nayiga
BILE streams under the control Of the United
eI,a a hsai fraI Er,oI