The record-union., 1895-02-27
Afternoon Session.


munlty property, was called up. The
question was upon the passage of the
bill, 1t having been read the third time at
a former session.
Senator Smith said he could not see the
bill go 10 vote without reiterating his
protest against its passage. He did not
believe the necessity OF protecting the
VIE warranted Its passage, and hoped 1t
would be defeated.
Senator McAllister conceded with the
remarks made by Senator Smith. Such
legislation, he declared, would be vicious
In the extreme and should not be spread
upon the statute books.
senator Burke favored the passage of
the bill. While he understood that mar
RED women did not amount TO much in
California, the people had for the last
mali century been educating themselves
up to the spirit OF justice, in protecting
the wife against the actions OF protiigate
husband.
The roll was called and the Senate re-
fused to pass the bill
Senator Simpson moved a call of the
house, and upon the motion the roll was
called. The motion prevailed by vote
OF - TO II, and the call was proceeded
WITH The doors were closed, but it was
discovered that there were no absentees.
Inc President pro tenn. then announced
that the Senate had refused to pass the
bill by vote of 20 ayes to 10 noes.
On motion of Senator VOORHEES,, the
further proceedings under the call were
dispensed with,
senator Bert in the chair
HYDRAULIC MINING BILL.
a. b. 3d. by Spencer, to amend an Act
to establish Code Of Civil Procedure. was
taken up, and Senator Aram moved that
the further consideration OF the bill he
made the special order Tor Friday next.
senators Ford and Arms protested
against such proceeding and insisted
upon present action.
The bill makes contempt cases appeal
able to the Supreme Court.
Senator Aram opposed the passage of
the blII. lie declared, If passed, 1t would
defeat the ends OF justice. The courts.
years ago, had served iniuncttons mon
hydraulic miners in the foothills. and if
the Dill passed they would at once start
their mines ana succeed in the work.
partly accomplished, of filing up the
rivers with their debris. Ii thew were
brought before the courts under restrain
ing InJuncuons they would appeal to the
Supreme Court and delay matters in
definitely, while the mines ran on and
the slickens continued to I'LL up the
rivers. lie hoped the bill would not
pass.
FORD's APPEAL.
Senator Ford championed the bill. he
having introduced an Identical one in the
Senate. He declared that it had been
twice before the Judiciary Committee
and was the first time reported back with
a favorable recommendation, The seq
ond time 1t was returned CARRYING the
opinion that II was unconstitutional, He
had consulted with some of the best con-
stitutiOnaI lawyers in the State. all of
whom expressed the opinion that the
bill was constitutional. He had THOUGHT
the old fight between the valley faruIer
and the mountain miner had been defin-
iteIy settled, but in the defense of Justice
and human rights ne picked up the gaunt-
let thrown down by the Senator from
! OlO lAraml. He asked tor the miner
only those personal liberties accorded to
all other lHdIvlduaIs-that of appealing
from the decisions of a lower court TO a
higher. Under the present law the da-
cIsiOn OF superior Judge was final. and
the miners chance Tor Justice was small
indeed. ANY man from the valleys. who
would not recognize q hydraulic plant if
ne met one in the street, had a perfect
right 10 inform against man whom he
saw playing pipe upon q wagon load of
drItt gravel Tor the purpose of securing
the gold 1t might contain, and bring him
before a Judge in the valley who would
find him guilty and it was queer how in
NdIldDlt WAS ING Iul0 ny winch the valley
Judge Away convicted, and the noun
tain Judge eXculpaJed), and pose a $500
tine or Iucarcerate him in jail for num-
Der Of months, without so much as GIVING
him chance TO appeal from that autOcratic
decision. From that tine for contemnt
for disregarding the injunction there was
no appeal. de demanded protection for
the miner strom that old law OF iniunc-
ton which had descended from the DAVIS
Of barbarism. and which so ill-accorded
with the spirit of American liberty, and
ended with strong appeal for the pas
sage of the bill.
senator Martin followed with one of
his characteristic speeches. He had. he
stated, several inspirations, and had de-
uermIned 10 turn on hydraulic pressure.
as the opposition to the bill came rom
the swamp lands, whose trog-ponGs had
years ago been filled in by sIickeus from
the hydraulic mines. He made an earn
est appeal Tor the passage OF the bill. de-
ciariug that it would give to the miner
only that privilege enjoyed by persons OF
other professions and in other sections of
the State.
HART OPPOSES THE BILL.
Senator Hart said he had always enter
tanned conservative opinions regarding
the question of hydraulic mining. He
had always been the friend of the miner
~ @SAAt = - AIAsa DAto1hSSS uIu uOL interfere
with interests Of other sections of the
State. But he declared if the bill became
law there would lee absolutely no relief
lor the farmer, because, pending the de-
cIslonS OF the supreme Court the in
functions would be entirely nugatory.
anu the miner would continue TO send
down his debris, and cover UP the farmer
IL the valleys before decision could he
reached by the court.
THE pr
The roll was called and the bill passed
by the following vote:
8yes-Arms, AndrOus, Bert, Bippy.
Denlson, Earl, Fay, Flint. Ford. FrancI5
Gesiord, Gleaves, Henderson, Holloway
Linder. Mahoney, Martin, Mathews, Me-
Alllster' Mitchell, Seymour. Shine.
Simpson, Toner, VOORHEES,. Whitebnrst
and Withington-27. ~
Noes-Aram, Hart, Hoyt. Lanpford
Pedlar, Shippee-6. ~
a. B. 70, by Glass, to amend an Act ~
establish Penal Code, carried a reco,,1o
mendation that it do not mass and tba
Senate refused to pass it without com.
ment by vote OF ayes 0, noes %.
ton l4l6 of the Civil Code of This StoIo
relating TO water rights, was PISSED on
the file.
S. b. 49, which on Monday was refnsad
passage by the Senate, was called M, Nv
Senator Mathews. The roll was called on
the motion to reconsider the vote bv
which the bill was defeated, and resulted
in . ayes, s noes.
The bill provides for the disestablish-
ment of law libraries in counties hv
Boards of Supervisors where such action
is deemed necessary.
The question was upon the passage Of
the bill, and it passed by vote of % to 6.
On motion of Senator Simpson, A. b.