The record-union., 1899-02-04

and Judgment without jury" and
Davis was UP in arms in an instant,
with an amendment to strike it out.
Shortridge favored the amendment.
Bulla raised a point of order that no
amendment could be entertained which
Iwould simply re-enact the present law.
The point was sustained by the Pres
ident pro tenn, whereupon, Davis with
drew his amendment and moved that
the bill be denied engrossment and a
third reading
Morehouse vigorously opposed the
amendment, saying that if the amend
ment We're adopted it would brand the
Legislature which adopted it as infam-
Gus: He protested against the right
of trial by jury being denied any Amer
lean citizen, and said there could be
only two reasons for such a course:
One, that the Justice of the Peace de-
sired to convict the accused, or two,
that the Justice of the Peace did not
want to bring citizens into court away
from their business to act as jurors He
cried shame" on any Legislature which
would spread such blot upon the
statute books of the State.
Sims referred to the Constitution of
the State, which secures the right of
trial by jury to all it's citizens. He
claimed that the amendment struck di-
rectly at the root of the Government;
was unconstitutional, and ought not to
be spread upon the statute books.
/ Davis said he hoped that plutocracy
would never become strong enough to
force the Senate of the State of Cali
fornia to deny to any citizen the right
of trial by jury. The bill, he said not
only denied to Migrants the right of
trial by jury, but to all persons charged
with vagrancy He hoped that no
petty peanut proposition of expense
would guide the Senators in casting
their vote. The motive of the hill. he
claimed, was that Justices of the Peace
If they secured a conviction, would get
one fee, While if there was an acquttal
it would be another proposition. The
sympathetic justice dealt out by Jury
might be relied on to reach an euuita-
BILE conclusion, which might not be ar
rived at by the cold calculations of a
Judge. Besides all which, Justices of
the Peace were not Judges. He called
on the Senate to support his motion to
kill the bill.
Cutter said he looked on the jury sys-
! tenn as relic of barbarism He said
that no Innocent man was ever brought
into court who was not willing to be
tried by Judge-never a guilty one
who did not demand a jury He said
If justices of the Peace were elected
| who were not competent to act inteEi-
gently, the people would better elect
those who could and would He saw
nothing wrong about the bill except
that it was, in his opinion, unconsti-
tutional, and for that reason he would
oppose it.
Gillette called attention to the fact
that the Supreme Court had held that
cases such as those enumerated in the
bill. do not carry the constitutional
right to trial by jury He read that
portion of the Vagrancy Act, which de-
fines vagrancy, and contended that no
man who sought employment was la
bic to arrest under any of its provis-
ions. He said that if such characters
were left in the hands of peace officers.
the class known as Migrants would re-
ceive a blow which would do much to
guarantee protection to the citizens of
the State. He commended that it was
time to talk about mans constitu-
tional rights when he had eny. but
that such persons as those mentioned
in the bill, according to the decision of
the Supreme Court, have no rights to
trial by jury. He thought the bill was
good and ought to become a law
Morehouse contended that the bill
would deprive of his constitutional
rights, not the vagrant, but the man
arrested on a charge of vagrancy who
| probably was innocent of the charge.
Davis Endorsed Warehouses; position.
Smith said it had been understood
| ever since the first days of the session
| that the bill under consideration would
be the means of securing orators a
chance to expand and deliver them
| selves of poetical flights of fancy. and
he noticed that the crowd had
gathered to drink it in He him
self, had been greatly pleased and edi-
fed. but not convinced. Migrants, he
1 said, were the most despicable type Of
humanity to be found in the world and
he would rather see friend OF his be-
come common thief than a common
! vagrant. He contended that if a man
was arraigned for vagrancy who was
not guilty, the Justice who was more
used to such matters, would understand
his story much better than a jury If
a man were a vagrant he would want
to get in jail-if innocent, he would
| want to keep out He hoped the bill
as drawn would pass and that the mo-
ton to deny it a third reading would
be buried so deep that Gabriel with his
trumpet would never resurrect it,
Curtin took the floor, but Wolfe was
hungry: besides, he wanted to crate on
the motion himself He suggested to
Curtin that he hold his volley until this
morning after the reading of the jour-
nal, and Curtin agreeing, Wolfe put
his suggestion in the form of a motion
He pleaded the lateness of the hour
said he wanted to speak to the motion
and felt that there We're others Cur
tin bowed to the Observation-Disclosures
Wolfe's apparent. hunger, and the mo-
ton carried. Trial by jury this morn
I ing at 10 sharp
MORE BILLS.
Bills We're introduced as follows:
Ashe-To add a new section to the
Penal Code to be numbered 6531a Ju-
dietary
Cutter-To promote the reclamation.
cultivation and settlement of desert
lands. Public Lands
i Also: To locate and establish the
boundary line between Yolo ana Solano
Counties. County Boundaries.
SAN PABLO BAY.
A message was received from the AS
sembly announcing the adoption by
that body of Senate Joint Resolution
II, relative to dredging San Pablo Bay.
At o'clock the Senate adjourned