Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-02-06
CALIFORNIA LEGISLATURE.
xxyIIru sEss1oN-THIRrIErH DAY.
SENATE.

| stephen NJ. White in the chair
| Roll called and quorum present
| Prayer by the Rev. 7. \. Early Chaplain OF
/ the Assembly.
Journal of yesterday read and approved.
| AN INVESTIGATION.
Moffitt moved that a committee be appointed
TO investigate the condition of affai. S in the
| Office of the Journal Clerk, where there seemed
| to be some trouble which the Senator did not
state.
! Murphy wanted to know what the trouble
\ ton.
Goucher moved to amend by instructing the
committee to report forthwith.
The amendment was accepted and the orig
mai motion as amended was adopted.
The Chair appointed as such committee Sena-
tors Mottitt, Hescock and Caminetti.
THE HOUR OF MEETING.
| On motion of Mr.. Goucher, the Senate recon-
| sidered the vote by which it amended the rules
! SO that the daily meetings should commence al
| 10 A. NJ after the 18th inst.
| On motion of Goucher, the rules were changed
/ SO tnat the hour of meeting Will be 10 A. NJ on
and after the Sth inst; recess from u N. to 80
| P. NJ.
A large number of bills were reported back
on the file.
The Committee on Attaches reported favor
ably resolution allowing the Committee on
| Forestry, Yosemite Valley and Mariposa Big
| Tree Grove to employ stenographer. The
resolution was adopted.
| Resolutions were also reported favorably and
services as page, and to purchase twenty-five
| chairs for the use OF the Senate.
| ASSEMBLY MESSAGES.
Bills reported from the Assembly were dis
| posed of as follows:
| A. B. s. TO establish the county OF Glenn, was
| referred to the Committee on County Govern
| ments
| A. B. $780, referred to the Committee on Irriga-
\ ton
| A. B. 135, was on motion of Meany, substituted
/ on The hle tor ). b. $50 and the latter with
| drawn.
| A B $40, was substituted on the file for S. B.
| 379 and the latter was withdrawn.
The two last mentioned measures were in re-
| gard TO irrigation, and the Senate bills were
| identical with those passed III the Assembly.
| BILLS INTRODUCED.
Bills were introduced, read by title and re-
| ferred as follows:
| By Misunderstanding to rates of pilo:age.
| Commerce and Navigation.
| BY Bowers-To amend the Act to re incoI
1 porate the city of San Diego. City, City and
| County and Town Governments.
| By Heacock-Proyidirg that the Department
| Obispo, now presided over by Judge D. 5.
l Gregory, shall cease upon vacancy occurring
| therein. Judiciary.
public work in the State of California, and
] equalizing the remuneration therefor. Labor
| and Capital.
By Discriminating certain sections OF the
/ Act providing for the organization and govern
| ment of municipal corporations. City, City and
| County and Town Governments
By Pin1er-Requiring corporations and per-
| sons doing banking business 10 file statements
| with the Controller. Corporations.
| Also, requiring persons ana corporations oper-
ating cable street railways to file statements OF
annual profits and TO provide for the payment of
| a license for conducting such business. Cor
| porations.
By McGomas-To provide for the erection of
| State hospital for the insane, TO be located i'll
| Southern California. Hospitals.
| By MISUNDERSTANDING the Political Code
relating 10 the officers and employees of the
| Senate. Judiciary.
| Mr. Goucher in the chair
Bills on PASSAGE
| The third reading file was taken up and bills
| considered as follows:
| S. B. 55 making an appropriation for the def
| cheney in the appropriation for pay OF stenogra-
| pher to Railroad Commission for the thirty
ninth and fortieth fiscal years, was read a third
| time.
White moved that the bill be referred TO
committee of one, consisting of Mofitt, TO
| amend so as to reduce the amount from $3.50 50
| to $1,000. He gave full history of the claim,
and his reasons Tor offering the amendment.
The motion prevailed the bill was so amended
| and ordered reprinted.
J President pro TEN. il the chair
! S. l40 TO amend the Penal Code relating TO
| the depositing of sawoust in the waters of this
| State, was read third time and passed.
| S. B. 81, to amend tie Political Code, relative
to the registry OF births deaths, and marriages,
| was read a third time and passed.
B. %, TO encourage and provide for q
| general vaccination in the State of California,
| was read third time and passed.
{. Is. 50, to amend ;he Political Code, relative
| to the in;erment or cremation of human bodies,
was read a third time and passed.
Afternoon Session.
Senate reassembled at P. NJ. President pro
TEN. in the chair.
| LAWYERS ELL.
S. =. IS to provide for law libraries in the
| counties of the State, aud library funds there
| for. and TO secure the Use of said law libraries
| TO the Courts held in the State, and to the bar
| and 10 the people OF the respective Counties by
| Mr. White was read a third lime
Yell moved TO strike out the enacting clause
of the bill. He said that he did so because he
| believed ii To be the inhic ion of additional
| burdens upon those who are compelled to COM
mence actions to secure their rizhts. 1t was
discrimination in favor of the lawyers OF the
| Sia'e. and forced upon litigants an additional
J tax OF = % upon every action they are COM
PEELED 70 bring. He also pointed cut that the
| D.l would act unevenly i'll different counties
He was aware that the bill won d benefit him as
well as other lawyers. bui he sa n no more rea-
son why libraries should be furnished to lawyers
any more than to physicians or other classes.
| Mr.. Goucher in the chair.
| White spoke earnestly in favor of his bill He
| said that Ar. Yell did noI understand the bill
| II was the same in effect as the law under
which the Law Library Of San Francisco was
organized. Any county which did not want
| law library need not have it.
Bowers denounced the bill as unconstitu-
tional: He claimed that it was special legisla
! ton OF the worst kind. IL was evident to him
that it made a great deal ef difference what
pasture man was in. The lawyers were very
ready to discover the unconStitutonaiity OF bills
| Tor anything that was not tor their benefit, but
| they did not hesitate to offer unconstitutional
measures when they were interested in them
The bill was also wrong i'll principle and ought
not 10 pass.
| McGowan said that he agreed with Chief
Justice Bowers, of San Diego. He thought the
blli was purely lawyers bill. 1t was special
| legislation and ought not to become a law. Let
| the lawyers buy their own book. Litigation
| should be cheap and no more burdens should
| be placed upon it for the benefit of lawyers
| White said that Bowers constitutional views
| in reference 20 lawyers were always bilious.
| He was willing to have other counties excepted
| from its provisions. He moved that the bill be
recommitted to the Judiciary Committee for the
purpose of making it satisfactory.
| t,aminetti favored recommitting the bill
| Yell withdrew his motion.
Bowers objected to recommitting the bill. As
| soon as the special legislation was taken out of
the bill there would be nothing lett in 1t that its
| friends desired. In explanation of his former
remarks about lawyers, he said he was great
| admirer of lawyers He looked upon them as
| pretty near as good as anybody, but he opposed
this measure on account OF its provisions
The motion to recoInmit prevailed by vote
POLL TAxEs.
:. c. A. 2, to propose an amendment to Article
NIL, Sec tion IL OF the Constitution of the State
OF California. abolishing poll taxes came up on
| tSkecOnu readlng as a special order.
President pro tenn. in the chair.
! The question arose on the substitute offered
| by the Committee on Constitutional Amend
ments.
Dray took the floor and made long speech
against the substitute and in favor of his amend
| ment. The substitute made no change in the
present iaw, except to exempt from the pay
| ment of poll taxes ex-soldies and sailors in the
| army and navy of the United States or who have
been honorably discharged. He denounced all
poll taxes as unjust and unequal and gave an
| elaborate array Of figures to support his posi-
| tion.
Campbell said that the substitute did not cor
| reet any evil at all, the tax was not now col
| leeteo from the persons sought TO be exempted
| be favored tre original amendment
| Aesny spoke on the same side, and the SUBJ
| stitnte was lost
Heacock moved to amend by adding or from
| any honorably discharged soldier or sailor from
| the army or navy OF the United States so as to
make the law take effect immediately upon the
| adoption of the amendment so far as that class
1 is concerned
Roth said that he believed that man who
was not willing 10 psy the small sum of 81 a
year ought not TO be SLOWED to vote on the dis
position OF The property OF those who did pay
taxes
Yell pointed out that the adoption of the
| amendment would take away from the school
| fund of the state. $4,000 annually.
| Bowers said thai every rnan Whn eharae tf n