The record-union., 1891-01-16


such estates requiring their settlement
within three months. which is, of course,
impossible. / think the matter should be
left to the discretion Of the Judges, and
trust the motion will not prevail.
Mr.. Shanahan1 Although member OF
the Judiciary Committee, 1 cannot con-
sent to its action governing my course on
this floor. When this bill was considered
by that committee the printed bill was
not at hand, and the members relied on
statements made as to its provisions,
some of which statements We're erroneous,
necessitating the amendment I offered
here, which has been adopted by the
House. But even rs amended l consider
the bill an improper one, drawn for q
special emergency, and shall vote to
strike out the enacting clause.
Mr.. Gould-The House, it seems to me,
should bear in mind carefully the charac-
ter and position of those usually inter
ested in estates. My limited experience
has taught me that four times out of five
they are minors or women, and, as a
rule, completely under the control of the
| attorney in charge of the estate. In their
behalf contend that none OF the existing
safeguards OF the law should be taken
| away. The result OF continuing admins
tration OF estates viii be to accumulate
costs and fees OF counsel, and l cannot see
any compromising benefit to overcome
| Mr.. Bruner-After listening to the ar
guments in opposition TO the bill am
more than ever convinced it should be-
come a law. The Judges of every county
in the State ] believe to be honest and
just, and they, like the English Lord
Chancellor, are the guardians Of the in
terests Of the widows and orphans coming
before their courts. 1t often happens
that will requires the closing Of an es-
tate in q certain time, and that, by reason
OF q fall of prices, or from some other
cause, a loss is entaiied thereby on the
devisees, the widows and orphans spoken
OF, the judge, under the law, as it now
stands, having no discretion. 1t does
seem to me, that TO the honor and intcg-
rity of our judges we can safely leave the
matter. My own experience in Sacra-
mento county is that the judges are, if
anything, over-Zealous and anxious in
taking care of every estate coming before
them. may add here that the first
amendment adopted | think a proper
one; the second amendment / see no
need for.
Mr. Matlock-I am satisfied the bill is a
wholesome one. IL does not interfere in
any way with the distribution OF prop
erty or with the will of the decedenI, but
simply gives the court discretion as to
time in which, consulting the best inter
| ests Of all, an estate should be settled
y
ence, | claim that judges should have
that power. | am therefore opposed to
the motion to strike out
/ Mr.. Martin-This discussion leads US to
consider that this bill is Of a rather grave
subject. | am OF opinion, after listening
to the eloquent gentlemen advocating il,
| that Ii is q correct measure; that when a
| petition goes to the court for CONTINUES
| tion of the settlement of an estate, COM
| ing from all interested, the Judge, if sat-
| isfied, should have that discretion. Sup
pose / should be warned of the necessity
OF making will and should will that
my mining estate should be settled
now prescribed by law, and after
| had passed over the river, the Gov
ernment should reopen the mining
! industry, would it not be wise for my
| heirs to continue the settlement of my
estate until the gold could be taken out
Of the ground which has been tied up? 1t
could then be sold to some advantage
Laughter and applause.1 am in favor
of the bill.
| Mr.. Clark Withdrew his motion to
strike out, and, on motion of Mr.. Mat
| lock, after some further discussion, the
bill was recommittcd to the Judiciary
Committee by vote of 35 ayes to % noes.
REPORTS.
! By Mr.. Culver-From the Committee
on Rules, recommending certain amend
ments to the standing rules. Laid over
one day under the rule.
BY Mr. Bledsoe-From the Enrolling
Committee, that A. b. 159, authorizing
the Governor to appoint Il Stenographer.
had been found correctly enrolled and
presented to the Executive.
GENERAL FILE RESUMED.
A. B. 10, adding Section 1853 to Civil
Code, relative to assignments for benefit
of creditors. Read second time and or
| dered engrossed.
A. b. 50, amending Sections 5s and 792
of Political Code SO as to authorize fe-
male Notaries Public. Same action.
! a. IL. %, amending Section 2024 of Code
of Civil Procedure, relative to manner of
taking dispositions out of the State. Same
action.
A. "a, amending Section $40 of Code
OF civil Procedure, relating to service of
summons in Justices Courts. Same
action.
| A. b. Sc, amending Section 12S of Civil
Code, relative to actions in divorce cases.
Same action.
A. b. 90, adding Sections 1702 and 17O3
to Code OF Civil Procedure, relative to
decllnatlon Of testimentary trustees and
appointment of persons in their stead.
Same action.
a. b. So, amending Section 1905 OF
Penal Code, relating to fines and i'm
| priSonment. Same action.
| a. b. 132, amending Act relative to GER
tain deputies of county clerks. Same
| action.
RESOLUTIONS.
| By Mr.. Young-That Beecher be sub
stituted for Young on the Irrigation Com
mittee, and Young for Beecher on the
Committee on Public Morals. Adopted.
| By Mr.. Steltz-That the Sergearit-at-
Arms be authorized, subject to approval
| of Committee on Ways and Means, to
rent committee rooms. Committee on
Ways and Means.
By Mr.. Dibble-Instructing the Ser
geant-at-Arms not to allow bills to be
distributed singly during the session, but
to have them made up in regular order
in packages, and placed on the desks in
the morning and during the noon recess
Adopted.
BILLS INTRODUCED.
Y BY Mr.. Gould-To amend Section 2eSl
of Political Code, with reference to peti-
tions for laying out or disseminating
public highways. Roads and Highways.
BY Mr.. MarioH-To add Section 1884 to
Political Code, with referenceeto appoint
ment OF State Sanitary Inspector. Ju-
dietary.
Wy Mr.. Bert-To amend Sections 1856
and 7SS of the Political Code, relative to
salaries of Judges of Supreme and Su-
perior Courts.
By Mr.. Clark-To add section 1921 to
Code Of Civil Procedure, relative to news
papers in which notices shall be pub
ished. Judiciary.
= By Mr.. Jones-For relief of Cornelius
Lynch, for injuries received while in the
service of the State. Claims.
By Mr.. Smith of Orange-To enable
cities of the fifth class to issue bonds to
purchase school lots, and erect and fur
nish school buildings. Education.
Also, to prevent sale of tobacco to
minors under Is. Public Morals.
By Mr.. Matlock-To amend Municipal