The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1893-04-13

= ~ NAN SOISlALuliOn Vi Tile ECldl6 VI
California, relative to changing the seat
OF government from the city of Sacra-
mento the city of San Jose. The Legis-
4ature OF the State of California,
at us thlrtleth session, commence
ing on the second day of Janu-
airy, A. D., one thousand eight hundred
ana nlnety-three, two-thirds OF all the
members elected to each house of said
Legislature voting in favor thereof,
hereby proposes that Section l of Article
M. miscellaneous subjects) OF the Con-
stltutlon of the State of California, be
amended so as to read as follows:
Section l. The city OF San Jose is
hereby declared to be the seat of govern
ment, and shall SO remain, until changed
by laws, but no law changing the seat of
government shall be valid or binding
unless the same be approved and ratified
by majority of the qualified electors of
the State voting therefor, at a general
State election, under such regulations
and provisions as the Legislature, by a
tWo-thlrdS vote of each house, may pro-
VIDE, submitting the question of change
to the people; proOided, that the State
snail receive donation of site OF not
less than ten acres and one million of
dollars, before such REM oval shall be had.
The Governor, Secretary of State and
the Attorney-Gene are hereby author
lied TO approve said site, and upon the
pr " al IhCiSOl, anu lI6 pay LlSuI Oh one
ihllllon dollars into the State Treasury, the
Legislature shall provide Tor the erection
OF the necessary buildings and. the re-
moval OF the seat of government"
That thereafter the Hon. John C.
Lynch, Assemblyman from the Seventy
eighth Assembly District, moved that the
rules OF the Assembly be suspended, and
that said alleged Senate Constitutional
Amendment No. % be considered. That
thereupon Hon. J. L. Sargent, AS
semblyman from the Fifteenth Assembly
District, moved the previous question;
that SAID motion was seconded by Hon.
j.. }. McElroy, Assemblyman from
the Seventeenth Assembly District and
y. l.. Drees, Assemblyman from the
torty-eighth Assembly District; and
thereupon the Speaker of said Assembly
stated the question to be: Shall the main
question be now put? That a call of the
mouse was demanded and allowed, where
upon II was shown that nineteen Assem-
DIYInen were absent without leave, and the
Sergeant-at-Arms WAS ordered to bring
the absentees before the bar of The house.
mat thereafter and at said evening ses-
sion OF the Assembly, upon call of the
roll OF said Assembly, the Speaker there
OF announced the vote, and declared The
resolution proposing said alleged Senate
Constitutional Amendment No. % to be
adopted by vote of 81 Assemblymen
voting for said resolution and 7 AS
semplymen voting against said resolu-
tlon. That thereupon Hon. g. w. Nor
uecal, ASsemblyman from the Sixty
seventh Assembly District, gave notice
That on the next legislative day he would
move Tor q reconsideration of the vote by
which said resolution proposing said al
legged Senate Constitutional Amendment
No. % had been declared adopted by said
Assembly. That thereupon, without
hn A hi
That thereafter, and on the 18th day of
March, 1893, at regular session of the
Assembly OF the State of California, the
Hon. John Z. Lynch, Assem- blyman
from the Seyenty-eighth Assem- bly, Dis
trict, moved that the vote by which Sem
ate Constitutional Amendment No. %
had been declared adopted by said AS
sembly be reconsidered, and Immediately
upon making such motion the said Hon.
John c. Lynch moved to lay said motion
to reconsider on the table. That during
the same day, and after the hour of 2
O'Clock in the afternoon of said day, dur
ing regular session of said Assembly,
the question being on pending motion
to lay on the table the motion to recon
slider the vote by which the said resolu-
ton proposing said alleged Constitutional
Amendment No. % had been declared
adopted by said Assembly, the ayes and
noes were demanded by Hons. Lynch.
Pendleton and Johnson, and the roll was
called, and the motion to lay on the table
the motion to reconsider the vote by
which the resolution proposing said al
legged Senate Constitutional Amendment
No. % was declared adopted by said AS
sembly was carried by the vote Of So As
semblymen voting in favor Of laying on
the table and 10 Assem- bIymen voting
against laying on the table.
That thereafter, and on the - day of
L. -. 1.
Legislature of the State of California adj
journed sine die without having at any
time made any other,or different DISPOSE
ton of the motion to reconsider the vote
whereby the resolution proposing said
alleged Senate Constitutional Amend
ment No. D was declared to have been
adopted, and that said resolution propos-
ing said alleged Senate Constitutional
Amendment No. % was never at any
time legally adopted by the Assembly of
the State of California.
That after the votes taken by the SEN
ators and Assemblymen, as above set
forth, and prior to the 18th day of April,
1898, the records of the proceedings OF the
Senate and Assembly respectively, with
tional Amendment No. %" and the orig
inal of such resolution as adopted in the
Senate, and the alleged copy thereon as
delivered to the Assembly, and the orig
inal journals of the Senate and Assem-
bly,, including the records of the matters
hereinbetore set out, were transmitted to
the defendant, as such Secretary of State,
by the Secretary and Assistant Secretary
of the Senate, and the Chief Clerk and
Assistant Clerks of the Assem- bly,; and
such original records, journals and reso-
luton ever since have been, and now are.
in the custody and control OF defendant
as such Secretary of State; and he is now
about to prepare, or cause to be prepared,
an index of all laws, resolutions with
marginal notes. and journals kept, passed
or adopted at said thirtieth session of the
Legislature of the State of California, in
Guiding the record, journal and original
of said resolution constituting said al
legged "Senate Constitutional Amendment
No. 23,'' and the alleged copy thereof de-
hvered to the Assembly, for the purpose
of certifying to the State Printer such in
dex and marginal notes, for printing and
publication.
That the defendant, as such Secretary of
State, Is about to proceed with the codifi-
cation, classification and arrangement of
all the journals, records, Acts passed and
resolutions adopted by said thirtieth ses-
sion OF the Legislature of the State of
California, including proposed amend
ments to the Constitution of the State, for
the purpose of preparing for certifying to
the Clerks OF the respective counties of
the State such matters as the Secretary of
State is required to certify to such Clerks,
by the provisions of Sections 1894 and
1895 of the Political Code.
That defendant is including in his ar
rangement for the certitication of an in
dex and marginal notes to the State
Printer, an index and marginal notes to
said alleged Senate Constitutional
Amendment No. 3d." That defendant is
arranging and preparing to certify to the
clerks of each County in the State of
California, as proposed constitutional
amendment to be submitted to the cleo
tors of the State for the popular vote, said
allnnad ttSnnata Con stifrtin nj r,no