The morning call., 1895-02-27
Big VICTORY
FOR MINERS.
PASSAGE OF THE BILL TO
ALLOW APPEALS IN
CONTEMPT CASES.
STUBBORN CONTEST IN THE SENATE
AGAINST THE PROPOSED
NEW LAW.
SARCASM AND ALLEGORY
SENATOR MARTINS LITTLE STORY
ANENT ST. PETER AND THE
LATE JUDGE SAWYER.

SACRAMENTO, Feb. 26.-The hydraulic
miners won an important victory in the
Senate to-day when Spencer's Assembly
bill, providing for an appeal in contempt
cases, passed the third reading by a big
vote, and now goes to the Governor for
his signature. Bontires Will blaze in the
mountain towns tonight when the news
of the victory reaches the miners of the
Sierras. Ii Governor Budd signs the bill
big impetus will be given to mining, as
the miners believe that they viii be re-
leased from unnecessary harassment.
The bill amends section 1922 of ''An act
to establish a Code of Civil Procedure as
follows:
The judgment and orders of the court or
Judge made in cases of contempt where the
contempt is committed in the immediate view
and presence of the court or the Judge at
chambers, are final and conclusive In all
other cases of contempt the judgment and
orders given or made in relation thereto are
subject TO review by motion for o new trial
and by appeal, in the same manner in which
other judgments and orders are so reviewed.
Senator Aram led the attack on the meas
ure by moving that it be made a special
order for 2 o'clock on Friday. Senator
Ford opposed the delay. The anti-slickens
forces claim that the bill is in the interest
of the hydraulic miners, and that the pas
sage of the bill will, by allowing appeals,
permit the miners to disregard iniunctions.
Senator Ford stated that he desired to
keep the bill on file for the purpose of SUBJ
stituting some other BILL" declared Ser
ator Aram. "In the Judiciary Committee
Senator Ford last night told me that he
intended to press the passage of the bill,
but he did not say when he intended to
bring up the BILL
Senator Ford retorted that the Senator
from Yoio had had ample time. The Sen
ate bill, identically the same, had been
twice before the Judiciary Committee, and
the Assembly bill had been considered in
the same committee. The proposition to
make the bill special order was defeated
Senator Aram then led a bitter attack on
the bill, which would, he declared, lead to
the delay and defeat of Justice The con-
stitutionality of the bill was defended by
Senator Ford. As to the policy of the bill
he thought the time was past when the
farmers and miners should renew their
quarrel.
Senator Martin seconded Ford. He
alluded to Aram as "the Senator from the
frogponds of Yolo." He delivered quite
little allegory: "When the Judge died and
went to the gates of the golden city," said
Senator Martin, "St. Peter asked him if he
was that Judge Sawyer who decided against
the miner, and when he said he was. st.
Peter told him that he could not come in
as it was golden city, and said to Judge
Sawyer, You go way down below to the
slickens where you belong
'Spies from the valley in the garb of
peddlers, mechanics and laborers have
gone into the mountains and convicted
men on false testimony"
Senator Hart declared that he had no
prejudice against the mining men, but if
the bill became law there would be abso-
lutely no relief to the valley from in
justice. The order would be nugatorv
during the tendency of an appeal to the
Supreme Court. 1t would affect not only
hydraulic mining but every other nuisance
which had been enjoined. The bill was
finally passed by an overwhelming vote, as
follows:
Ayes-Arms, Androus, Biggy, Denison, Earl,
Fay, Flint, Ford, Franck Gesford, Gleayes.
Henderson, Holloway, Linder, Mahoney. Mar
IL,
Shine, Simpson, Toner, VOORHEES,, Whitehurst.
Withington-26.
Noes-Aram, Hoyt, Hart Langford Pedlar,
Absent or declined to vote-Beard, Bert.
Burke, Dunno, MCGOWAN Orr, seawell,
Smiths.
There was a lively little tilt over the AS
sembly bill introduced by Llewellyn which
provides an amendment relating to the
disposition of community property. The
amendment is as follows:
The husband has the management and CO
troll of the community property, with the like
absolute power of disposition, other than testa-
mentary, as he has of his separate estate pro-
vided, however, that he cannot make gift of
such community property, or convey the same
without valuable consideration, unless the
wife, in writing, consents thereto; provided
furthur, that no conveyance of the real prop
erty of the community shall be valid unless
the wife consent in writing thereto such con
sent being evidenced by her joining in the
conveyance or by her separate conveyance
E., Senators Smith and McAllister attacked
the measure and Senator Burke spoke in
its defense. The friends of the bill lacked
one vote of a majority, and the measure
was defeated.
The old claim OF Contractor d. Jordan,
that has been before every Legislature
since 1878, passed this morning by vote
of % to "a.
Langford of San Joaquin opposed the
bill, denouncing it as purely a lobby
measure, but Ford championed the bill,
pointing out that it now has the approval
of the State Board of Examiners The bill
has passed two Legislatures, but failed to
become law because of the lack of funds
to meet the claim.
Jordan was present when the bill passed
and expressed great satisfaction. The
claim is for $40 900 and is for work done at
the Folsom prison.
Orr of Ventura gave notice of motion
for the reconsideration of the vote by
which the bill passed.
Bills appropriating STAG, $50 for o build