Los Angeles herald., 1907-11-22
SECOND CALL
is BARRED BY
GOV. GHLET7 7
OMISSION OF MINISTERIAL
ACTS DELIBERATE
SENATE AGREES ON LEAvITT
RESOLUTION
Bill Defines Legal Holidays and Limits
Courts Activities - Sanford
Scores Reckless Finance
In the East
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CONTINUED from Page Onel
session little had been accomplished be-
yond the ratifying of four of the San
Francisco charter amendments today.
The rock on which the legislature
seems hopelessly stranded is the holt-
day question The upper house met In
special night session to consider the
subholiday bill reported back by ma
jority of the Judiciary committee this
afternoon. The measure did not even
come to vote. After more than three
hours debate tonight the proposed bill
was referred back to the judiciary COM
mittee for further deliberation and to
be amended or redrawn to conform
more to the governors call, leaving the
entire matter practically where it was
the first day.
Subcommittee of the assembly judi
ciary committee tonight slightly
amended the senate tax delinquency bill
and drafted a sub bill for the holiday
measures introduced in the assembly
similar to the bill considered in the
senate tonight. The subcommittee will
report to the general assembly commit
tee tomorrow morning.
The senate committee on banks and
banking tonight reported back Senator
Anders on's resolution for a legislative
bank investigation committee of one
senator and one assemblyman without
recommendation.
Senator Sanford introduced a concur
rent resolution in the senate requesting
the California delegation in Washing
ton to support any congressional meas
ure having for it's object additional
elasticity in the currency to be pro-
vided for and controlled by the gov
ernment.
Governor Gillett this morning fatty
informed the senate judiciary commit
tee that he would not issue a supple
mentary call for another extra session
to include legislation not contained in
his first proclamation with the possible
exception of the San Francisco charter
amendments and the Legislature is no
nearer the solution of the holiday prob
lem than it was the first day.
"Inciuded All Desired"
81 included in my proclamation for
an extra session the legislation that I
wanted included and left out just what
wanted excluded" frankly said the
governor. A subcommittee of the sem
ate judiciary committee suddenly dis
covered late last night that no legisla-
tion could be enacted under the COVER
nors present proclamation for the sus-
pension of writs of attachments on
holidays, such proceedings being min
isterial acts while the call specifically
mentioned judicial acts only. The
judiciary committee called on the gov
ernor this morning, calling his atten-
tion to this omission and asked him to
issue a supplementary call. They were
informed that he had purposely omitted
ministerial acts and wanted no legisla-
tion interfering with attachments and
executions.
The senate today held three sessions
a brief one in the morning and after
noon and a night session at which was
considered the concurrent resolution by
Senator Leavitt calling for a legisla-
tive commission to investigate the
banking laws and banks and trust COM
panies, and the subj for all the holi-
day measures introduced as recon-
mended by a majority report of the
senate judiciary committee. The bill
defines what are legal holidays on
which no court other than the supreme
court and the several district courts of
appeal shall be open for the transac-
tion of judicial business, except for the
following purposes
To give upon their request instruc-
tions to q jury when celebrating onI
its verdict.
To receive a verdict or discharge a
Jury.
For the exercise of the powers of
proceeding of criminal nature. In
functions and writs of prohibition may
be issued and served on any day.
Section 2, section 1876 of the code of
civil procedure of the state of Califor-
mia is hereby amended so as to read as
follows:
ION all other legal holidays than
those specified in section 1874 of the
code of civil procedure the courts of
this state shall be open for the transact
tion of any and all judicial business,
except the trial of an action or the
entry of a judgment based upon a con-
tract expressed or implied for the direct
payment of money.
Section 3-This act shall take effect
and be in force from and after No
vember %, A. D. 1907. at IL o'clock m.
of that day"
A minority report. signed by Sena-
tors Curtin, Carter Lukens, Wright
and Anthoy. was fled declaring that
the proposed measure is in direct co J.
fiict with section of article of the
cons titution, which declares that courts
shall always be open, legal holidays
and non-judicial days excepted.
The bill was agreed upon by the ma
jority after wrangling in committee
nearly all day.
On motion of Senator Caminett a spe-
cial night session was held to conside,