Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-03-07


of the county of San Benito, on the ground that
the new county would have sufficient area,
wealth and population and leave the old county
in a like condition The present bill presented
the same case. He read statistics to show that
the new county of Glenn would have more than
double the amount of essessable property and
population than Ssn Benito county had. On
this showing the Senator from Collsa ought to
re the chief advocate of this bill.
The speaker argued that ie was absurd to say
that a senator represent g a certain district
should have the sole say about laws affecting it.
If this were the case Senator would be able to
dictate and control everything in his district
Each Senator might as well meet by himself in
his own district and decide all matters affecting
regard to submitting the question to vote of the
people. he asserted that Two years ago the
friends of the bill proposed to submit it TO the
people and Senator Boggs opposed it as bitterly
as he now did this bill 1t was ridiculous tc
say that Senators did not know any thing about
Colusa county because they had not been there
They knew ali about the county from the
school books, the maps: the newspapers. and
the Capitol and given information in regard to
ii. He concluded his remarks by an appeal tC
the Senate to pass the bill.
president pro TEN. in the chair
AT l45 p NJ. Jones moved to take a recess I'M
til P. NJ, in &C ordance with a resolution
adopted at noun by caucus of the Democratic
members
The motion was lost by vote of IL ayes to 2,
noes.
1t was then decided, on motion of Goucher
that the consideration of the bill be con
tinusd until P NJ, when the Senate should
take recess until P. NJ. and then resume the
consideration of the DILL.
Campbell said that he opposed the bill be
cause the Senator from Colufa did so. He be.
lieved 1t his duty to vote on local matters with
the representative from the district affs cited.
Preston took the same ground. The custom
during all of the session had been to concede to
the Senator representing a certain district the
right to say what policy should be adopted. He
believed in local representation and that the
Senators from the various districts were elected
to represent those districts. He had admired
the conduct of the Senator from COlusa IN his
course IN the Senate, in not obstructing legisla.
ton and retaiiating upon those who were Iavor-
ing the bill.
Goucher askt what he would have done two
years ago, when the Assemblyman from Colusa
favored division and the Senator opposed it.
Preston replied that the Assembly was a sep
arate body and the Senate was not responsible
Tor Its actions. He then proceeded to argue
that a Jaw should be passed permitting coun
ties to be divided under genei al law.
Mead said that he had no intention to say
word on the bill, but some remarkable argu-
ments had been used by the last two speakers
NO Senator could represent but one side of q
question of this kind, and it was the duty OF
every member on the floor to examine the other
side and see whether that Senator was doing
his whole duty and fairly representing all OF
the people. He had been in doubt how to vote
county on Sunday last and was convinced that
IL ought TO be created Ii was to be composed
of forty townships of magnificent country, and
the people asked TO be allowed to have county
OF their own. The old and new counties would
both be better off for the division. He said that
from the Information he had he believed that
half of the people of Colusa county and half oil
the people of the town of Colusa were in favor
of the division.
Caminetti spoke against the bill on the ground
that on purely local matters the representative
OF county should control the legislation affect
ing it.
Moffitt asked him why he voted against the
Oakland charter which had been adopted by q
large majority of the people OF that city.
He replied that it was because petition had
come from people of Oakland against the ap
prevail of the charter. He said that the petit
ton was stolen from Senator Gouchei' s desk al
very opportune moment to give them chance
to get up new petition at the last moment
examine. He took the position that under the
Constitution counties could not be divided ex.
cept by general law. The bill laid down nc
rule by which the population of the county
been passed to provide for this contingency
The law was defective in various other partic.
ulars The bill provided for the election OF q
known to the law There was such an Officer
as the Judge of the Superior Court The
commissioners were authorized to designate
the precincts of the county, not to define the
DOuoodIlts VI the prtCluCtS- he pointed out
several other points which he declared
were defects in the BILL Under the
Constitution, he held, there was nc
authority for the election of Judge of the Su.
perior Court at special election. He must
either be appointed by the Governor or be
elected at general election. The friends OF this
measure, if they desi to make it effective
should amend it II they wish TO have it con
stitutional The bill would disfranchise the
people of Glenn from voting for Congressmen
Memb.r o the State Board of Equalization and
Railroad commissioner at the next election. Il
would lead to litigation. Hewould have Offered
these amendments but for The fact that it would
have been charged that he was trying TO delay
the bill.
At 5:S5 Heacock move to take ,ece until
Pm.
Goucher opposed the motion and Bogg
favored it.
The motion was lost by vote of Is ayes to 2.
noes.
Moffitt said that no amount of talk wonlf
change the result, and unless the argument
was proceeded with he should move the previ
Gus question.
De Long said that he was opposed to the bill
because he believed it was vicious, mainly be.
cause it arbitrarily divided the county without
submitting the question to a vote OF the people
If provision OF that kind was put in iie bill
ne would cAeerfully vote for it.
BILLS APPROVED.
message was received from the Governor
announcing his approval of b. 1874, to provide
for the SELECTION OF permanent Home for the
care and training OF Feeble Minded Children
;. b. $50, providing for the appointment of Q
Commission 10 make arrangements tor the
proper reception of the National Grange o.
Patrons OF Husbandry: and s. B No CSC, appro
priating $4,000 for the contingent expenses O.
the Senate.
AT $50 p. NJ. the Senate took recess until
P. NJ
Night Session.
The Senate reassembled at P. NJ. and re-
sunicd consideration of the bill to create the
Senators White and belong were granted
leave of absence. to attend the State Prison
investigation.
Mr. Bowers in the chair.l
Calninetti stated that another defect in tn,
bill was that it dsorganized the Board of Super
visoTs OF Coiusa county and provided no remedy
Boggs replied to the arguments made IL
favor of the bill. In regard T.. the bill presented
BY him two years ago, he said that during tn.
elecuon which preceded that session the ones
ton OF division was not an issue. He simply
introduced the bill at the request of people q
the county who favored division He could mo-
account for the loss OF the petition from SEN
a'or Gouchers desk, but he was sure none O
the opponents of the bill had stolen it
He had presented petition bearing
the names OF 500 citizens and taxpayer:
asking the Senate not TO psss the bill. he ad
mitted that the county of Colusa was wealthy
and that the new county would be, but this wa
no reason why they should go to extra Expense
of Senators who visited Coiusa county on Sun
day last, he said that by the time they got to st
John they were not in condition to know
much about the sentiments of the people. HI
admitted having assisted in dividing other coun,
ties. but said he did so because the represent
atiyes of those counties favored the division
He denied having made any bargains to secur,
the defeat of the bill.
Goucher replied to Caminettis argument il
regard TO the constitutionalty of the bill II,
said that the bill was the same as that creatins
Kern county, with The exception of the claus,
in regard TO the election of the Judges OF the Su
perior Court That Act had been tested, anC
declared TO be constitutional. He was inclined
TO think that the power TO appoint the Judge o
the superior Court was unconstitutional. bu
even If that were true it could not invalidat,
the bill These points in regard TO defects il
the bill had only been raised at the last mo
ment, when it was too late TO amend 1t, even
its friends desired t.. II on a test case it wa
decided that Judge could not be elected at ,
special election, all that would happen woul(
be that the Governor would aproint the Judge
Meany said it was folly for Caminetti to tall
about defects 10 the bill. If that Senate
thought the bill unconstitutional he would let /
go through and be well satisfied. The friends O
The bin were satisfied with the bill.
Goucher moved the previous question, and i
was ordered