Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1891-01-07

of order; therefore it is not before the House
| and cannot be the subject of amendment The
! gentleman from Humboldt will have 10 present
| a new resolution embodyiDg his proposed
amendment, unless the decision of the Chair is
appealed from and overruled-
| the Chair.
| Mr.. Shanahan-I have been here for two ses-
| sions OF this Legislature. 1t has always been
| the current understanding that the Secretary of
| sta'e hes been the person = no has authorized
the keeping of this saloon and restaurant IN the
| basement of tbs building. OF course had
ton. If 1 had, think / would have put it
| squareiy on the proposition of directing the
Sergeant at Arms of this body to remove the sa.
loon from the basement of the building. But
still. inssmuch as it is generally understood,
AID believe it is the truth and fact, that the
| Secretary Of State has permitted, and does per
init, this thing TO be kept in the basement of
the building, think it would be proper enough
LOT the two Houses jointly to instruct
| MIN TO see that it is removed from
the Capitol. And, for that matter, he is the
person directly in charge of the entire Capitol
building and grounds. as l understand it, in an
| ex-oficlo capacity. think the resolution is
emlnently proper; l think 1t comes properly be
fore the House for consideration, and think
| we are fully entitled 70 act upon il. ! do not
| believe it is out of order. And certainly, when
It comes to the merits of the case, after we have
seen the condemnation that the people OF the
state OF California have brought down on past
sessions of the Legislature by reason of the
keeping OF this thing in thesbasem sat of the
10 be made IN the line or procedure to strain a
point in exercising our authority in that regard.
am in favor Of appealing from the decision of
the Chair, and | think that the appeal should
prevail.
Nj. Bruner-I wish to give my reasons now
Tor making the point of order which I'did. /
made 1t from knowledge OF and examination
into this very subject which was made very
thoroughly, when was member of the AS.
sembly eleven years ago. The question came
q a TNT,1fff fNf ,,,ls al,
chairman, with regard TO the powers OF this
House over the building. 1t came in connec-
ton with the celebrated contempt case of Denis
kearny-contempt committed against the priv
ileges of this body. After an investigation
lasting for DAYS the Assembly resolved that it
could not punish Kearny Dy exclusion from any
other part of the building than this chamber |
Therefore believe that the point OF order was |
well taken, and that the Speaker ruled cor |
rectly; that We have no authority over this |
building except this chamber and the various |
committee rooms that may be appointed for the |
use of the House. And think that the decision
OF the Chair should be sustained If the res |
olut1on were to come i'll a different shape-re-
questing the Secretary of state 10 do anything |
OF tbs kiDd-I would second il, and will do so |
If the gentleman from Humboldt viii draw one |
in that form, but for nstructing the ecretary
OF state. believe il is entirely beyond the |
power OF this House, and think the decision of |
the Chair ought to be sustained
The speaker-f the gentleman from Hum
boldt will, with the permission OF the House. |
wltndraW his resolution and so frame it that il |
is advisory instead of mandatory, | think ali |
diheulty would be avoided, and the object de- |
sired attained.
Mr.. Bledsoe-I am willing to DO so, with the |
understanding that / can Introduce the substl |
tuie immediately. | do not want to be cut off |
in this matter
The Speaker-Of course the gentleman can |
introduce the substitute when he likes: but the |
Coair thin ks it would be better to wait untilthe
organization is perfected.
Mr.. Bedsoe-I am afraid if wait until the |
complete organization OF the House the resolu- |
ton when introduced viii be referred to COM |
m1ttee, and there 1t VIII sleep If majority of |
the Republicans here wish to favor that saloon, |
all right. But withdraw the present resolu.
ton at the suggestion OF the Chair.
MESSAGES FROM THE SENATE.
That the Senate on Monday. January 5. 1891,
had effected its permanent organization.
Concurrent resolution for the two houses to |
meet in joint convention at $50 to canvass the |
returns for Governor and Lieutenant Governor |
A commi tee of the Senate headed by Senator |
Dray, appeared and informed the Speaker that |
the Senate, being fully organized, was ready to |
receive any communication the Assembly |
might have to make.
On motion of Mr.. Dibble Senate concurrent |
resolution relative to the joint convention to |
canvass the returns was taken up and passed. |
THE ''wELL" AGAIN
Mr.. Bledsoe-I now offer g substitute reso,u- !
ton for that withdrew
The Clerk commenced TO read.
Mr.. Gibble-I move that that resolution be /
referred TO the Committee on Public Buildings |
and Grounds with instructions to report within |
forty-eight hours.
Mr.. Bledsoe-I object The resolution has not
been read in full, but will state that the only
difference between it and the resolution with
drawn is the substitution of advised for sir
structed" wish to say this: That if this is not
adopted the Republican members of this AS
semoiy, and the Democratic members as well,
will go on the record SIS being in favor of main
tanning saloon in the basement of this Capitol |
when 1t is in direct violation of the law, which
declares that any sale or giving away of liquors
in the Capitol or on the grounds shall be mis-. |
demeanor. And l DO not understand that the
Secretary of State is above the law. We are as
sembled here to make the law; and should we
go down on the records as being in favor of |
breaking the law? 90 not care whether the
official be high or low, it is his business to
keep himself within the law. And l ask per-
mission to read the section OF the Code
which makes the sale or gift of LIQUOR in the
Capitol msdemeanor. l wish, before l do
that. to say that, while the Secretary of State is
the legal custodian of the Capitol. there is no
section of the law, there is no Act ever passed
by the Legislature giving him the right TO rent |
any room in this building for any purpose
whatever, whether it be a legitimate or an lille.
gltlmate purpose. Section il2 OF the Political |
Code declares The Secretary of State is the |
superintendent and has charge of the state /
Capitol, and he must keep the same, together |
with all property therein, in good condition and |
repair" There is no section, there is no law. |
which permits or authorizes the Secretary of |
in this Capitol for any purpose whatever. Sec
ton III of the Penal Code which is the law of |
the state by which we are bound and appre- |
bend, by which the Secretary of state is bound,
says: EVERY person who, in the State Capitol or |
within tie limits of the grounds adjacent |
thereto and belonging thereto, sells, gives away
or exposes for sale any vinous or alcoholic |
liquors, is guilty of a misdemeanor.'' Now il is |
not necessary for me to make long argument |
here upon this resolution. The only question
before the House is whether we, as legislators, |
are willing TO be bound by the law; whether |
we, assembled here to make laws, are willing |
to say that the Secretary of State is above the |
law. do not think he is
MI. Brunei second the adoption of the re-
solution.
The question was put and the resolution |
agreed TO. with but two or three dissenting |
votes. After the result was declared roll call |
was demanded by several members, but the |
Speaker announced it was too late.
ATTACHES.
By Mr.. Dibble That the Speaker be author
ized to appoint the following: A doorkeeper, at |
per diem OF S.; three gate-keepers at a per |
diem of 81; two watchmen, at per diem of 81; !
a mail-carrier, at per diem of 81; clerk to |
the Serseant-at-Arms, at per diem OF IS; eight |
per diem OF So.
Mr.. Brown would like to ask if the rasolu-
ton is satisfactory to the speaker?
The Speaker-Yes, sir The number was cut |
down at my suggestion. I wish they could ali |
be cut down.
The resolution was adopted.
SECOND ASSISTANT CLERK.
Mr.. Bruner-I move that we proceed to the |
election OF the additional officers allowed. |
Agreed to.
For second Assistant Clerk Mr. Wentworth
nominated L. B. Beacon of San Francisco VINO |
was elected by vote OFFS.
ASSISTANT JOURNAL CLERK.
Mr.. Bruner nominated Mrs Sadie Burns; Mr.
Gould nominated Eugene Ward. Mrs. Burns
received SIS votes 70 Is for Ward.
COMMITTEE To WAIT on GOVERNOR
The Speaker announced as the committee to
wait on the Governor: Johnson, Winrow and
Matthews.
REGULAR ORDER OF BUSINESS.
Mr.. Dibble-I ask for the regular order of the
day. My object is to reach the introduction of
bills so that they can be sent to the State
Printer.
Agreed to.
When the order of introduction of bills was
reached. Mr.. Shanshan moved that the intro
duction of bills be deferred until the report of
the Committee on Rules was made and adopted,
which motion was agreed to with the under
standing that the mmittee would meet and
report as soon as possible