Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-02-05

was Just ss certain that the law was unconstitu
tionai as the other was that ii was constitu
tional. When has any special law come VI
that you do not have lawyers on the two sides
! Why, II there was not two sides to il their occu
patton would be gone tLaughter.J And So We
| have here few lawyers who differ amons
themselves. to say in advance what is eonstitu
tonal and what Is not. Under these circum
stances the Senator from San Diego and Sar
/ Bernardino has had to do exactly the same a.
| the Senator from Amador, whip the devil
around the slump,' and introduce general
law to meet cases that are absolutely necessary
| am informed by members of the Assembiy
that this bill has been unanimously Endorsed by
the Judiciary Committee of the Assembly
| What may be the difference in the ability oj
the two committees it is not for me to say But
| this is the fact in this case. So much Tor your
constitutional law in regard to it. You are not
/ the Judges of what is constitutional You NAV
give your opinion, bu. the tribunal that we
IN the course of the session l may call to mind
some matters that the Judiciary Committee
have indorsed very generally, that apply TO law
| yers that are probably as open TO question as To
| their constitutionality as this bill
| Now, as to the facts in this case: The old CITY
OF San Diego was situated about four miles from
| the present city. AT that time they surveyed
out park OF about fourteen hundred acres OF
! dry hill land. When the new city.was started
| IT was right close TO this park, and il is now
| Tlsht where the heart OF the, city ought TO be.
| much OF his property in San Diego worth
| probably about quarter of A million OF dollars
who LETT by will all of his property to establish
an industrial school for boys, for the education
| of orphans and abandoned children and those
young children who are inclined to be criminal
The city Trustees OF the city of Ssn Diego
granted hundred acres in this park in trust
| to the executors of his win and to three other
gentlemen who joined with those exec
tors and pledged, each of them, $780,
w. untli m now 5000 oJo has been pledged Since
weeks. another wealthy citizen, whose name
am not allowed to give, has also pledged his en-
| iiIe property, amounting to 100000, and they
| intend TO add TO this a school for technology
| The speaker read the deed OF trust, showing
| inat the park was solely for the purpose OF this
institution. II not so used it was to be kept
| into the matter had secured from the fIme
company free water for all time. Bryon
Howard and E. W. Morse had each
| to guarantee the city against any harm in the
future from the action. -Four wealthy men had
given them the opportunity to take their hun
dred acres OF coyote pasture, and erect upon il
instltutlons where the orphan children of the
state could be taken care Of They were not
State.
ton that says that any land shall be dry land
ana wsste forever, rather than that it should
| De put TO benevolent purpose, is poor Con-
stltutlon, or else il is mighty poorly construed
| by your lawyers. Applause.] / would strain a
constitutional point in case like that and
believe every other Senator ought to. 1t is a
benefit to the city of San Diego; ii is benefit to
the State. and more than that, repeat it again,
not one OF you can say that it is unconstitu-
tional- On the contrary, the lawyers OF the
other house have reported that it is eonstitr-
tlonal. Very good lawyers IN Southern Califor-
nia-perhaps not equal in ability to the Judici-
ary Committee OF Senat but very good LAWYERS
have had no question about its constitutional
ity. Would you prevent a monument being put
up in Golden Gate Park in San Francisco? If
you can do one you can do the other. 1t is net
diverted from park purposes. DO you want to
prevent these people from taking this little piece
OF waste lsnd-th!s coyote pastnre-aDd putting
up the finest institution in the State of CaIifor.
ma? Gentlemen, if you want to stand by that
record, why put yourself upon that record"
Ar. Bowers then proceeded to read extracts
from the san Diego papers showing the only
class OF persons who had opposed the granting
OF the ground. He denounced them in good
round terms, and praised the public spirit and
philanthropy of those interested in the institu-
ton The speech was the best effort ON the
floor OF the Senate during the present session.
and the speaker deserved the signal victory he
won.
S. B. 143, directing the transcription of all
matters Of record in the offices of the County
Clerks and County Recorders of the counties Of
Fresno and Merced concerning real estate in the
territory taken from those counties and ,added d
to that OF the county of San Benito by Act of
the Legislature, was read a third time and
passed
SECOND READING FILE
Bills were taken up, read a second time.
amended and ordered engrossed as follows:
;. b, ll2, relating to the fees and salaries of
officers in counties of the fifth class
:. r. 81. relative to the registry of births
deaths and marriages
S. B. 81, to encourage and provide for a general
vaccination in the State of California
S. b. 49, relative to the interment or cremation
of human bodies
s.. B. rs to provide for law libraries in the
counties of the State and library funds therefor,
and to secure the use of said law Libraries to the
Courts held in the state, end 10 the bar, and to
the people of the respective counties
At 5:20P NJ, on motion of GoueheT, the Senate
/