Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-01-17
CALIFORNIA LEGISLATURE.
xxvu1rH sEssIoN-TENTH DAY.
SENATE.

senate met at IL A. NJ, pursuant TO adjourn
ment, PRESIDENT pro TEN. Stephen NJ. White in
the chair.
Roll called and all present except Senator
At the request of Mr.. De Long, one days leave
OF absence was granted Senator Wilson
The Chaplain, Rev c. c. Bane. offered the
Lords Prayer
Journal of yesterday read and approved.
REPORTS OF COMMITTEES.
MI Sanford, from the Committee on Tinicult-
ure and Viticulture, reported back fayorably
senate BIZ NO. S6-An Act to amend Sections 8,
Q, 0 ana II OF An act to create and establish
State Board of Horticulture. and appropriate
money for the expenses thereof" approved
March IL, 1883 and to add five new sections to
SAID Act, to be known as Sections IA, 10, 16 II
and Is, and to repeal Sections and S of said
Act and to appropriate money for the use of the
State Board of Horticulture.
Mr. Jones, from the Judiciary Committee re-
ported back bills with the following recon-
mendstions
Senate Bill No: IAN Act to amend Section
lS7 Of the Political Code of the State of Cali
fornla. Passage as amended.
Senate Bill No. CAN Act to amend Section
OF an Act entitled '.An Act authorizing the in
curing of Indebtedness by cities, towns or
municipal corporations incorporated under the
laws OF this State" approved March Is, 1882
Passage as amended.
Senate Bill No. 42-An Act to amend Section
1851 of the Code of Civil Procedure, relating to
Instruments acknowledged or proved and GER
tied, or the original record thereof or copies of
h
out further proof. Passage as amended
Senate Bill No. 44-An Act to add a new sec
tion to the Code of Civil Procedure, to be known
as Section !29, relating to the sale of mortgaged
premises by commissioner. Passage as
amended.
Senate Bill No. San Act to validate probate
proceedings. Do not pass.
Senate Bill No. SAN Act to provide for the
funding of certain Indebtedness of the several
counties OF this State, and the issuance of bonds
therefor. without recommendation.
MI Murphy, from the Committee ON Attaches
reported back favorably resolutions appointing
b. Landers messenger to the Judiciary Commit.
tee, James Sharkey porter to the Judiciary Con-.
miIst.ee, Charles Carter sergeant-at-Arms to the
JUDICIARY committee, and to pay George Locke
si2 for three days services as porter of the Sem
The resolutions were all adopted
Mr.. Britt, from the Committee on Labor and
capital, reported back bills with the following
recommendations
senate Blu No. 1l.An Act to provide for the
SHOPS, and the preservation of the health of the
employees. Passage as amended.
senate blll No. 6l-An Act to regulate the
hours of labor and employment of minors and
females. Passage as amended
Senate Bill No 63-An Act to amend an Act
10 support and establish Bureau OF Labor Sta
tistics. Passage.
BILLS INTRODUCED
Bills were introduced, read by title and 1e-
ferred as follows:
By Mr. Goucher-An Act to add a new section
to the Civil Code, to be numbered S474 and to
amend Section 347l OF said Code, all in relation
10 assignments for the benefit of creditors Ju-
dietary Committee.
By Mr.. Heacock-An Act to amend Section
4l6l Of the Political Code in relation to deposits
of public moneys. Judiciary Committed HANKS
where public moneys are deposited to give
bonds
By Mr.. Roth-An Act to amend Sections 79s
and 500 of the Penal Code relating to the limi-
tation of time within which prosecutions for
murder, the embezzlement of public moneys
and the falsitication of public records must be
com commence. Judiciary Committee. Provides
by M. McGowan-An Act to authorize the
establishment of county high schools ana provide
Tor their support. Committee on Education
By Mr.. Spellacy-An Act to provide for The
payment OF ID. Jordan, for work and labor per
formed upon and material furnished in the con
struction OF the State Prison at Folsom Com
purpose
By Mr.. Hamill-An Act to provide for the
dehclency in the appropriation for salaries of
secretaries of Judges of the Supreme Court for
the thirty first fiscal year Finance Committee.
An Act to provide for the deficiency in the
appropriation 10 for salaries of Secretaries of
fiscal year. Finance Committee.
An Act to provide for the deficiency in the
appropriation for salaries of Secretaries of
eighth fiscal year. Finance Committee.
By NJ. Day-An Act making an appropriation
10 pay the claim of n. E. Doane Committee
on Claims. $3.50, for claim allowed by Board of
Examiners.]
By Mr.. Dargie-An Act appropriating money
for the erection of buildings at the Industrial
Home Of Mechanical Trades for the Adult
Blind. Finance Committee
An ACT 10 amend an Act to establish an In
dustrial Home OF Mechanical Trades for the
Adult Blind, creating a Board of Trustees and
appropriating 5000 for the support of said
Home. Finance Committee
An Act appropriating money in the State
Treasury, known as the adult blind fund, una
yallable. FlEance Committee
By Mr.. Murphy-An Act to creste Police
Court in and for the city and county of San
Francisco judiciary Committee
secionF oy MI 4e,n 3oy II FednesStAn S Act to amend
libel and SANDER. Judiciary Committee De.
fines privileged communications, such as re-
ports OF Court proceedings, meetings. etc.
Malice is not 10 be inferred unless publisher re-
fuses 10 retract libellous matter for period of
hfteen days otter having been requested in
writing. by the injured party so TO do Unless
malice is proven, or probable ground to infer
malice, only actual damages to be recovered
BY Mr. Greely-An Act to establish Police
Court IN and forthe city OF Marysville. Juoi-
ciary Committee.
By Mr.. Jones-An Act authorizing the Boards
OF supervisors of the several counties of this
State TO declare unnavigable streams highways
for the floating of logs and timber and provide
TOR the improvement and use of the same. Ju-
dietary Committee.
By Mr. Moffitt-An Act to provide for the in.
corporation of mutual fire insurance companies
and define their powers and duties. Judiciary
Committee.
SECOND READING OF BILLS
Senate Bill No 3-An Act to increase the num-
Der OF Judges of the Superior Court of the
County OF San Dego, state of California and for
the appointment of such additional Judges, by
Mr.. Bowers, was read a second time, committee
amendment adopted. and ordered engrossed
Senate Bill No. 12-An Act to amend Section
53Z OF an ACT entitled :" An Act TO establish a
Penal Code, approved February II, 1872 con-
cerning the crime of obtaining money or prop
erty by false pretenses by Mr. Wilson, was read
a second tim c and ordered engrossed
Senate Bill No l5-An Act to provide for the
appointment by the Supreme Court of FIVE Com
missioners to be known as Commissioners of
the Supreme Court. aud to appoint Secretary
therefor, to relieve said Court from the over
burdened condition of its calendar and to pro-
vide for the compensation OF said Commission
ers and Secretary, by Mr.. Wilson, was taken up
for second reading.
Mr.. Yell moved to amend Section so as to
make the Commission consist of three members
instead of five. He said he could see no reason
for increasing the number of Commissioners
especially as there were several propositions
before the Senate to re-organize the Supreme
Court If any of these should be adopted there
would be no necessity for the Commission.
MT. Crandall argued that five Commissioners
were necessary to clear up the calendar of the
Supreme Court. This bill was prepared by the
Justices c OF the Supreme Court, and they thought
1--WE Commis sioners necessary He was there
fore opposed to the amendment
Mr.. Murphy spoke III favor of the amendment
lie said ii more Commissioners were needed IL
was because of the physical incapacity Of some
OF the Justices.
Mr.. Jones said that it seemed to him that this
method OF making Supreme Court by the I eg-
islatule, when the Constitution intended 1t
should be done by the people, is Objectionable.
No douot more force was needed, but the
method of acquiring that force is one that
should be gwen careful consideration. He
thought 1t better TO leave the Commission as II is
Mr.. Conklin opposed the amendment. He said
that the crowded condition of the Supreme
Court calendar was q bar to justice.
Mr.. Goucher favored the amendment because
be thought there would be proposed to the peo-
pie by this Legislature an amendment to the
Constitution reorganizing the Supreme Cour.
Ihere was no doubt that the present condition
before the supreme Court has been largely
brought about by the physical. If not the men
tai incapacity of some of the Justices
Mr.. boggs in the chair
MI White spoke a, length against the amend
ment. he gave something of history of the
immense amount of work done by the members
OF the supreme Court. He asserted that there
was not a lawyer on the floor of the Senate who
did as much work as any one member Of the
supreme Court. More work was done by The
supreme Court of this State than that of any
other State OF the Union with the exception Of
three. ana about the same as those three 1t was
the opiuion OF the Judges OF the Supreme Court
ana the commissioners that five were needed
MI Yell said that he did not believe in hay-
ing The rights OF litigents disposed of by Com
missioners. II was the duty OF the Court to dis