The record-union., 1891-03-21

Senate with important amendments and
necessary legislation on these by the
House might make it impossible to adj
Journ on Tuesday, the vote was reconSid-
cred and the resolution withdrawn.
On motion of Mr.. Dibble, S. B. 70l, to
pay the deficiency i'll the appropriation
for pay of officers and clerks of the SEN
ate, twenty-ninth session, was made a
case of urgency, passed, and transmitted
to the Senate.
a: B: 759, to appropriate the sum ot
$1,000 for the benefit Of the sufferers from
the Tia Juana flood. was passed, and
transmitted at once to the Senate.
A. B. 1876, TO appropriate $4,000 for the
purpose of sending an expert to Austria
liza and adjacent countries, to collect and
import parasites and predaceous insects
was passed.
A: B. $50, relating to the powers and
duties OF Boards of Trustees of reclama-
ton districts formed for the reclamation
OF swamp and overfiowed lands, was, on
motion of Mr.. Clark, read the second
time and made special order for Satur-
day morning after the reading of the
| journal.
S. B. 63S, fixing and providing for the
salaries of the Judges of the Superior
| Courts of several counties, was passed
S. B. 81, to authorize. reincorporation
| OF rural cemetery associations was read
the second time.
s. B. 463, to establish a naval battalion
| to be attached to the National Guard OF
California, was, on motion of Mr.. Burner
read second time, and made special
order for Saturday morning after the
| journal.
SPECIAL ORDERS.
The bill for the relief of John J. Conlin
| was passed.
A. B. 193 relating to the appointment
OF receivers OF the property of inSolvent
debtors. during the pendency of insol-
vency proceedings, was passed.
A. b. 37T, to~pay for skilled labor in the
construction of the dam at the Folsom
Prison, was made special order for Sat
urday morning after the journal.
resolution ordering that two copies o1
| the State Engineers report stall be pre-
pared, and sent to each member of the AS
sembly after the close of the Legislature
was adopted.
S. B. $50, authorizing the State Board
of Examiners to receive and receipt for
moneys due the State from the United
States Government, under an Act of Con-
gress known as the ''direct tax bill,' was
passed.
CONTEMPT BILL VETOED.
A message was received from the Gov
ernOr announcing his disapproval of A.
B. 2l9, providing for appeals in contempt
cases, in which he gave the following rea-
sons therefor:
ut will be observed that the proposed
amendment is very far-reaching in its
character and would embrace every con-
ceivable case of contempt. Did contempt
proceedings, provided for in Section 1872
of the Code of Civil Procedure, involve
entirely personal questions between the
court and the offending party and did
trn 10 .irr hte, SNf1
could be little room for objection.
The intention of the law, as it now
stands, is, it seems to me, to enable the
court TO protect the property of litigants,
which otherwise would be put in serious
peril, If not destroyed and lost. In equity
cases, for instance, the relief adjudged in
favor of the successful party largely de-
force its DEGREES. This can be done only
by proceeding against the offending
party as for contempt, as there is no other
way provided by the law for enforcing
the orders and DEGREES of courts of equity.
If the judgment of contempt can be
stayed by appeal, the injury sought to be
prevented would, in most cases, be COM
pleted and accomplished before the ap-
peal could be heard or decided.
Again, if judgments and orders in
contempt cases could be thus appealed
from and stayed, the court would be
powerless, except at the end of long and
dangerous delay, to compel dishonest
administrator or executor, without bonds,
to perform his duties, or restrain him
from robbing an estate, or require him to
account for or pay over moneys or prop
erty already embezZled. The restraining
influence of the court upon the indi-
vldual representatives of large cor
porations would be practically removed.
1t might also have tendency to remove
the barriers in the way of corporations
passing over and through lands of indi-
vlduals, without first obtaining consent
or making proper reparation.
"A recalcltrant juror, refusing to attend
upon the court, or witness refusing to
attend, or to testify, could not be COM
PEELED or enforced, and parties would be
safe in tampering with the witnesses of
the adverse party and keeping them away
| from the trial. In all these cases, an ap-
peal bond, conditioned to pay the cost of
appeal, would accomplish all the pur-
poses of an unscrupulous party or attor-
| ney. The present statute has been law
of this State since its early history, and
experience demonstrates that such a pro-
vision is necessary to enable courts to ad-
minister justice and to protect the per-
sonal and property rights of the citizens. y
s. G. A. %, in relation to revenue and
taxation, seeks to exempt from taxation
free public libraries, unproductive vines,
trees, etc. An amendment was offered
cutting out wines and trees,n and hor-
ticultural wrangle ensued, pending which
the House took a recess till o'clock.
Afternoon Session.
The House reassembled at O'Clock
the Speaker in the chair.
The amendments to s. G. A. % were. or
motion, laid on the table, taking the con.
stitutional amendment and all concern.
ing it with them, to the evident relief o,
everyone.
THE BRUNER INVESTIGATION,