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ought not to be adopted even as amended.” Is it not proper then to MR. ESTEE. Mr. Chairman: I send up an amendment. strike it out?

THE SECRETARY read : MR: HOLMES. Could the committee turn around now and strike out Amend section eleven, line three, by striking out all after the word section nine?

'the,' to and including the words “ eighteen hundred and seventy-nine,' MR. MCFARLAND. Unless it was held that we had passed it and and insert the following: First day of March, eighteen hundred and proceeded to the consideration of another section. Suppose the More- eighty.'land amendment had only referred to a portion of section ten; could

Me. ESTEE. Mr. Chairman: The reason for that amendment, or you not have moved to strike out the whole section ? Now his amend for some amendment requiring the Constitution to go into effect after ment really only relates to the amendment of the section. It is in the the meeting of the first Legislature, seems to be obvious. There will be shape of a substitute, but it is an amendment in theory and substance. no code of practice for the new Courts prescribed in this Constitution, Will any gentleman tell me that after you have amended a section at and there will be no machinery by which these Courts eould be held in all you cannot strike it out? If that is so the smallest amendment in their respective counties and administer justice. This puts it only two the world would prevent the committee from striking out a section. I months after the Legislature meets. do not think that gentlemen ought to indulge in a violation of parlia

MR. BEERSTECHER. I call the attention of the gentleman from mentory rules. I am opposed to the motion made by the gentleman San Francisco, Mr. Estee, to section one of the report of the Committee from Alameda, and should hate to see the section stricken out, but it

on Schedule : seeins to me that the committee has a right to strike it out if they see fit to do so. The committee has only adopted an amendment to the section, tion, not inconsistent therewith, shall remain in full force and effect

“ SECTION 1. That all laws in force at the adoption of this Constituand now it is claimed that because we have adopted an amendment we

until altered or repealed by the Legislature; and all rights, actions, cannot strike the section out.

prosecutions, claims, and contracts of the State, counties, individuals, or Mr. MCCALLUM. Mr. Chairman: I wish to say that, in my judg- bodies corporate, not inconsistent therewith, shall continue to be as ment, the rulivg of the Chair is not only in conformity with the ruling valid as if this Constitution had not been adopted. The provisions of of the President of this Convention, but is in accordance with correct all laws which are inconsistent with this Constitution shall cease upon principles, and that the proposition has been argued entirely upon a the adoption thereof, except that all laws which are inconsistent with wrong theory. The President of this Convention has frequently decided such provisions of this constitution as require legislation to enforco that the friends of a proposition had a right first to amend before a them shall remain in full force until the first day of July, eighteen motion should be made to kill it, or indefinitely postpone it.

hundred and eighty, unless sooner altered or repealed by the LegislaMR. ESTEE. Striking out is not the equivalent of indefinitely post-Iture." poning.

I would inquire of the gentleman whether he has read that section Mr. MCCALLUM.. The gentleman makes the mistake of supposing before. that this is like a legislative body passing bills, whereas it is a Constitu

MR. ESTEE. Well, I have read it before, certainly; but it is entirely tional Convention, acting upon different sections independent in them- inconsistent. Under the new judicial system we will have a Judge in selves, as this is. Now, sir, if the gentleman were proceeding as Speaker every county in the State, and several Judges in some counties. Now of the Assembly, he would hold that the friends of a bill have a right we are obliged to have a Practice Act. Under the present system everyfirst to amend it. After getting through with the amendments, if a body knows, we have County Judges and we have District Judges. motion was made to indefinitely postpone it he would entertain it. It

MR. BEERSTECHER. Mr. Chairman: I do not myself see, and concomes up in its order after the amendments are disposed of. That is the fess that I am unable to see, how a Legislature could meet and work only intelligent way.

under a Constitution not in force. MR. ESTEE. The object of going into Committee of the Whole is

MR. ESTEE. Under the new Coustitution are not the names of the only for the purpose of suggesting amendments. That is what the Com- judicial officers all changed, and their duties changed? mittee of the whole is for. It does not finally dispose of any measure. MR. BEERSTECHER. I do not see any difficulty in that. MR. MCCALLUM. The rules of this Convention, prepared by a com

MR. ESTEE. Then my friend does not understand the Practice Act, mittee of which the gentleman was Chairman, provides, that in Com- that is all. mittee of the Whole, the rules of the Convention shall govern, so far as

MR. BEERSTECHER. This section which I have read provides that applicable. This motion is equivalent to the one I have mentionedthat is to say, it shall not pass as amended; or, in other words, to strike shall cease upon the adoption thereof, except that all laws which are

“the provisions of all laws which are inconsistent with this Constitution out; or, in other words, to indefinitely postpone. To say the other thing inconsistent with such provisions of this Constitution as require legislawould be to say that the object of all parliamentary law could be tion to enforce thein shall remain in full force until the first day of defeated by a parliamentary trick. Fearing that this question might be raised, and not knowing what might be the views of the Chairman, I July, eighteen hundred and eighty, unless sooner altered or repealed by raised this very point to ascertain whether the Chair, entertained the gentleman. The only tangible thing that the gentleinan has urged has

the Legislature." That seems to me to meet every objection of the views of the President, before the question was put on the amendment. been in relation to the judiciary, and there is nothing in that. The The Chair said he would entertain the motion after the amendment was Practice Act will apply just the same in the Superior Courts as it applies disposed of. I concede that an amendment cannot be amended after it to-day in the County Courts. The only thing will be that the District is adopted. There is where the gentleman from Marin falls into an error. But this is not an amendment I offer. I propose substantially to Judges will be wiped out. There will be no practical difficulty in the indefinitely postpone, although a motion to indefinitely postpone is not way at all. The idea of officers coming into power and assuming official

functions, and the Legislature meeting here and attempting to legislate in order in Committee of the Whole.

MR. DUDLEY, of Solano. The motioir is simply a motion to strike under the provisions of a Constitution not in force would seem to me to out, and under the rules of the House of Representatives, the rule under to see how it would be done. I think that section eleven, in connection

be decidedly an anomaly in the system of government. I am unable which this Convention is operating, and under the universal practice of with the other sections of the schedule, is not subject to criticism, and legislative bodies, it is proper to permit a motion to strike out after the ought not to be amended or changed. friends of the section have come as near perfecting it as they can.

MR. TERRY. As there seems to be some difficulty in understanding MR. WEST. Mr. Chairman: I move the previous question.

what is going on here amid the confusion which prevails, I move that Seconded. MR. SHAFTER. Mr. Chairman: I claim the right, under the rule, the committee now rise, report progress, and ask leave to sit again.

MR. SHAFTER. Mr. Chairman: I would like to offer an additional to be heard last. THE CHAIRMAN. There is no such rule.

amendment, if the gentleman will withdraw his motion for that purThe main question was ordered.


MR. TERRY. I give way for a moment. THE CHAIRMAN. The question is: Shall the decision of the Chair

MR. SHAFTER. The section declares that “should this Constitution stand as a judgment of the committee? The case is this: An amendment was offered to the section, called a substitute, and at that time the be ratified at the election for the ratification and adoption thereof, it Chair was inquired of if a motion to strike out would be in order. The shall take effect,” etc. I want to know when it will take effect, if it is Chair ruled that it would not be in order until the friends of the section the first line, and from the word “Constitution” in the first line down

not ratified and adopted? I move to strike out the word "should " in had amended it so far as they might wish to amend it. The question to the word " shall” in the second line, so that it will read, “this Conwas put on the amendment, and it was adopted, and the Chair then stitution shall take effect and be in force on and after the fourth day of entertained the motion to strike out. The question is: Shall the decision July, eighteen hundred and seventy-nine, at twelve o'clock, meridian. of the Chair stand as a judgment of the committee? The decision of the Chair was sustained, on a division, by a vote of

MR. TERRY. I now renew my motion.

THE CHAIRMAN. The question is on the motion of the gentleman 51 ayes to 37 noes. Tng CHAIRMAN. The decision of the Chair stands as the judgment and ask leave to sit again.

from San Joaquin, Mr. Terry, that the Committee rise, report progress, of the committee. The question is on the motion of the gentleman

The motion was lost. from Alameda, to strike out the section.

MR. HOWARD, of Los Angeles. I move the previous question. The motion was lost, on division, by a vote of 39 ayes to 54 noes.

Seconded by Messrs. Ayers, West, Larkin, and Holmes. MR. STEDMAN. Mr. Chairman: I desire to give notice that I will on Monday move to reconsider this vote.

The main question was ordered.

THE CHAIRMAN. The question is on the adoption of the amendTHE CHAIRMAN. A motion to reconsider will not be in order. The Secretary will read section eleven.

ment offered by the gentleman from Marin, Mr. Shafter.

The amendment was adopted.

THE CHAIRMAN. The question is on the adoption of the amend

ment offered by the gentleman from San Francisco, Mr. Estee. THE SECRETARY read :

The amendment was rejected. Sec. 11. Should this Constitution be ratified at the election for the MR. HOWARD, of Los Angeles: Mr. Chairman: I move that the ratification and adoption thereof, it shall take effect and be in force on committee rise, report the article back as amended, and recommend its and after the fourth day of July, eighteen hundred and seventy-nine, adoption. at twelve o'clock meridian.

The motion prevailed.





MR. SHAFTER. I hope that the gentleman from Alameda will not

cut off amendments. President pro tem. Belcher in the chair.

I hope we will get some island in there, so that THE PRESIDENT pro tem. Gentlemen : The Committee of the the workingmen can get some farms. Besides, the phraseology of the Whole have instructed me to report that they have had under consider- section is not good. ation the article on schedule, have amended the same, and recommend rise, report back the article, and recommend its adoption.

THE CHAIRMAN. The question is on the motion that the committee its adoption as amended.

The inotion prevailed. MR. MORELAND. I move that the usual number of copies be ordered printed.

IN CONVENTION. The motion prevailed.

President pro tem. Belcher in the chair.

THE PRESIDENT pro tem. Gentlemen: The Committee of the Mr. ROLFE. Mr. Chairman: I send up a notice.

Whole have instructed me to report that they have had under considerTHE SECRETARY read: “I hereby give notice that on Monday, the twenty-seventh day of ation the article on State boundaries, report the same back, and recom

mend its adoption. January, eighteen hundred and seventy-nine, I will move to reconsider the vote by which the Convention, this day, resused to adopt the amendment offered by Mr. McCallum to Rule Twenty-four.

MR. DEAN. Mr. President: I desire to make a report from the MR. HOWARD, of Los Angeles. Mr. President: I move that the Committee on Miscellaneous Subjects. Convention do now adjourn. (Twelve o'clock, M.]

THE SECRETARY read : The motion was lost.

MR. PRESIDENT: The Committee on Miscellaneous Subjects respectfully report MR. GRACE. I move we go into perpetual session.

that proposed amendments Nos. 8, 37, 32, 140, 141, 162, 164, 167, 176, 215, 220, 230, [Confusion.]

235, 236, 243, 273, 281, 304, 317, 366, 375, 414, 416, 46, 463, 482, 488, 192, 607, 529,530, Mr. MCCALLUM. Mr. President: I move that we take up the arti- and the several memorials and petition relating to local option and mechanics'

liens, have been considered by your conimittee, and the same are reported back to cle on executive department in Convention.

the Convention, with the recommendation that no further action be taken thereon. MR. ESTEE. Mr. President: I hope that when we approach the The committee respectfully submit eighteen sections, forming an article on misimportant duty of revising what we have done, that we will not do it cellaneous subjects, and recommend their adoption. without deliberation, and without a full house. I hope that if there is Messrs. Dean and Schomp dissent from sections sixteen aud eighteen, and Mr. anything we can do in Committee of the whole, we will do it, and com- Lavigne from section eighteen.

Messrs. Farrell and Lavigne dissent from section fifteen. mence, on Monday, with the understanding that we will take up the

JAS. E. DEAN, articles in Convention as they are on the file; and not commence on a

J. SCHOMP, Saturday, when we know we never have a full house, and that due

R. LAVIGNE, deliberation is not given to the subject.


S. J. FARRELL, MR. AYERS. I hope that when we go into Convention that we will

J. M KELLEY, begin at the beginning. I hope that when this Convention goes into-

P. M. WELLIN. (Confusion.]

Following is the proposed article: MR. HAGER. I would like to know what the question is?

ARTICLE THE PRESIDENT pro tein. There is a motion before the house, that the Convention take up for consideration the report of the Corninittee of SECTION 1. The City of Sacramento is hereby declared to be the seat the Whole on the Executive Department.

of government of this state, and shall so remain until changed by law; MR. AYERS. Now, all I wished to say was this, that I think that but no law changing the seat of government shall be valid or binding, when we do go into Convention to finally consider these reports, that unless the same be approved and ratified by a majority of the qualified we shall proceed in order; that we shall commence at the Bill of Rights, electors of the State voting therefor at a general State election, under and go through in the regular order.. If we jump from one report to such regulations and provisions as the Legislature by a two-thirds vote another, we shall find ourselves in confusion worse confounded. of each House may provide, submitting the question of change to the Now, I have no objections that this Convention should adjourn until people. Monday, but I am anxious to get through with the work. I have been SEC. 2. Any citizen of this state who shall, after the adoption of here five months and have not been home. My business is suffering this Constitution, fight a duel with deadly weapons, or send or accept a from my continued absence.

challenge to fight a duel with deadly weapons, either within this state Mr. MCCALLUM. I withdraw my motion.

or out of it, or who shall act as second, or knowingly aid or assist in MR. HOWARD, of Los Angeles. I move that we adjourn. [Twelve any manner those thus offending, shall not be allowed to hold any o'clock and six minutes P. m.]

office of profit, or to enjoy the right of suffrage under this Constitution. [Cries of " Division !” “Ayes and noes!" and continued confusion..] Sec. 3. Members of the Legislature, and all oflicers, executive and

THE PRESIDENT pro tem. The gentlemen must take their seats, or judicial, except such inferior officers as may be by law exempted, shall, business cannot proceed. The question is on the motion to adjourn. before they enter upon the duties of their respective offices, take and The motion was lost.

subscribe the following oath or affirmation:

“I do solemnly swear (or affirm, as the case may be,) that I will supMR. LARKIN. Mr. President: I move that the Convention resolve port the Constitution of the United States and the Constitution of the itself into Committee of the Whole, the President pro tem. in the chair, State of California, and that I will faithfully discharge the duties of the

office of for the purpose of considering the article on State boundaries.

according to the best of my ability.” The motion prevailed.

And no other oath, declaration, or test, shall be required as a qualifi

cation for any office or public trust. IN COMMITTEE OF THE WHOLE.

Sec. 4. All officers or Commissioners, whose election or appointment THE CHAIRMAN. The Secretary will read the article.

is not provided for by this Constitution, and all officers or Commissioners,

whose office or duties may bereafter be created by law, shall be elected THE SECRETARY read :

by the people, or appointed, as the Legislature may direct. ARTICLE XII.

SEC. 5. The fiscal year shall commence on the first day of July.

Sec. 6. Suits may be brought against the State in such manner and

in such Courts as shall be directed by law. Section 1. The boundary of the State of California shall be as fol- Sec. 7. No contract of marriage shall be invalidated for want of conlows: Commercing at the point of intersection of forty-second degree formity to the requirements of any religious sect. But no marriage of north latitude with the one hundred twentieth degree of longitude hereafter contracted in this state shall be valid between the parties west from Greenwich, and running south on the line of said one hun- thereto unless a public record thereof be made in such manner as may dred twentieth degree of west longitude until it intersects the thirty- be provided by law. ninth degree of north latitude; thence running in a straight line, in a SEC. 8. All property, real and personal, owned by either husband southeasterly direction, to the River Colorado, at a point where it inter- or wife before marriage, and that acquired by either of them afterwards sects the thirty-fifth degree of north latitude; thence down the middle of by gift, devise, or descent, shall be their separate property. the channel of said river to the boundary line between the United States Sec. 9. No perpetuities shall be allowed except for eleemosynary and Mexico, as established by the treaty of May thirtieth, one thousand purposes. eight hundred and forty-eight; thence running west and along said Sec. 10. Every person shall be disqualified from holding any office boundary line to the Pacific Ocean, and extending therein three English of profit in this state who shall have been convicted of having given or miles; thence running in a north westerly direction and following the offered a bribe to procure his election or appointment. direction of the Pacific Coast to the forty-second degree of north lati- Sec. 11. Laws shall be made to exclude from office, serving on juries, tude; thence on the line of said forty-second degree of north latitude to and from the right of suffrage, those who shall hereafter be convicted of the place of beginning. Also, all the islands, harbors, and bays along bribery, perjury, forgery, or other high crimes. The privilege of free and adjacent to the coast.

suffrage shall be supported by laws regulating elections and prohibiting, Mr. MCCALLUM. That is the old Constitution. I move that the under adeguate penalties, all undue influence thereon from power, bribcommittee rise, report it back, and recommend its adoption.

ery, tumult, or other improper practice. MR. HAGER. I would ask the Secretary to read the history of the SEC. 12. Absence from this State, on business of the State or of the report.

United States, shall not affect the question of residence of any person. MR. GRACE. It is a part of the history of our beloved country. Sec. 13. A plurality of the votes given at any election shall consti

MR. BIGGS. I understand that our eastern boundary has been tute a choice, where not otherwise directed in this Constitution. changed since the old Constitution was adoptea. I ask for information. SEC. 14. The Legislature shall provide, by law, for the maintenance

Mr. LARUE. I move to amend by adding as follows: “and to and efficiency of a State Board of Health. include Lower California, Sonora, Sinaloa."

Sec. 15. Mechanics, material-mer., artisans, and laborers of every Mr. MCCALLUM. My motion is, that the committee rise, report the class, shall have a lien upon the property upon which they have section back, and recommend its adoption.

bestowed labor or furnished material, for the value of such labor done






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and material furnished; and the Legislature shall provide, by law, for Roll called and quorum present. speedy and efficient enforcement of said liens.

SEC. 16. The amount nained in either a fire or marine insurance poliey shall be deemed to be the true value of the property insured for from the Committee on Miscellaneous Subjects, and ask that it be

MR. FARRELL. Mr. President: I wish to present a minority report insurance purposes. SEC. 17. When the term of any officer or Commissioner is not


provided for in this Constitution, the term of such officer or Commissioner

THE PRESIDENT. The question is: Shall the minority report be may be declared by law; and, if not so declared, such officer or Commis

Carried. sioner shall hold their position as such officer or Commissioner during the pleasure of the authority making the appointment; but in no case shall such term exceed four years.

MR. STEDMAN. Mr. President: I move that the Convention now Sec. 18. No persons other than citizens, or those who have declared resolve itself into Committee of the Whole, the President in the chair, to their intentions to become such, shall hereafter acquire or own, either by consider propositions number seventy-four and four hundred and seventypurchase or otherwise, real property in this state contrary to this pro- six, on labor and capital. vision--such property shall escheat to the State; nor shall any lands in

Carried. this State be held in trust for any alien; but the creation of any trust

IN COMMITTEE OF THE WHOLE. in lands for the benefit of an alien shall at once escheat the land to the State.

Thx SECRETARY read section one of proposition number seventy

four, introduced by Mr. Beerstecher, and reported back by the Committee MR. FARRELL. Mr. President: I send up a minority report.

on Labor and Capital.

Mr. McCallum in the chair. Following is the report:

“SECTION I. There shall be a State Department of Labor and Labor Mr. President: The undersigned, a minority of your Committee on Miscellaneous Statistics, whenever the Legislature by vote shall so determine." Subjects, whilo agreeing in the main with the report of the majority herein, beg leave to submit their report, recommending that the following additional provisions

MR. STEDMAN. Mr. Chairman: I will state that these propositions be incorporated in the Constitution :

were referred to the Committee on Labor and Capital. The committee SECTION 1. Mechanics, artisans, laborers, material-men, and miners shall have were unanimously of the opinion that it would not be expedient to establiens upon the building, structure, mine, or other improvement upon which they lish a Constitutional Labor Bureau, and if it had been left entirely with have performed labor or supplied material, for the value of the work dono or material the Chairman of the committee, it would have been reported back furnished. And the Legislature shall provide by law for the speeds and efficient with the recommendation that it be not adopted. But upon the solicitaenforcement of such liens, making such building, structure, mine, or other improve. ment, and the owner thereof, responsible for such liens, notwithstanding any pay. tion of Mr. Beerstecher, in order that he might state his reasons before ment, settlement, or contract inade by him with contractors or sub-contractors before the Committee of the Whole, it was reported back without recommendsuch liens have been paid.

ation. Eight hours shall constitute a legal day's work.

All public work-State, county, city, and city and county-shall be done by the day, and no contract shall be allowell except for supplying of material.

Mr. BEERSTECHER. Mr. Chairman: As the author of this propoSec. 4. The Legislature, at the first session after the adoption of this Constitution, sition, I desire to state the object. It is introduced at the solicitation shall provide by law for the compilation and printing of a complete series of school

It is not new to text-books, all the necessary mechanical work connected there with to be done in the and request of a large number of citizens of this State. State Printing Office. The text-books thus compiled and printed shall constitute a the people of the State. At the last session of the Legislature a bill to uniform series of text-books, to be used in the public schools of this State after the the same effect was introduced establishing a department of labor and first day of January, eighteen hundred a..d cighty-two, and shall be furnished to labor statistics, or, as it was called, a Labor Bureau. The matter came pupils at cost price. Tho printing of the codes and statutes of the State shall also up for consideration, and after full discussion of the merits and demerits be done in the State Printing Office.

Sec. 5. If any one who is a candidate for either House of the State Legislature of the project, it was finally adopted by both branches of the Legislature. sball publicly declare his intention to support, advocate, and vote for any particular The bill passing the latter part of the session, the Governor pocketed measure or proposed law, and shall, after election, refuse to support, advocate, or the same, and there the matter ended. In the present session of the vote for such measure or law, he shall be deemed guilty of a breach of trust; or if Legislature of Nevada, a similar bill has been introduced and is pending. such a person make a public declaration that he will oppose, try to defeat, and vote against some particular measure or law, discussed before the people during his can

A Department of Labor and Labor Statisties has been in successful opedidacy, and shall afterwards support, advocate, or vote for any such measure or law, ration in Massachusetts, and exists there to-day. As the section reads as he shall be deemed guily of a breach of trust, and in either case he shall, upon the amended, it leaves the power in the Legislature, where it is to-day, but sworn complaint of any five of his constituients, be brought to trial before a jury in gives the measure the sanction of the Constitution. It has been found the District Court of the county in which he resides, and, if convicted as charged, he that the plan here proposed works well in Massachusetts. An examinshall forth with forfeit his office, be fined a thousand dollars, and be ineligible there-ation will show that the condition of her laboring classes has been vastly after to any office of bonor, trust, or profit in the State.

Sec. 6. The complaint provided for in the previous sections shall be full and bettered since the establishment of this department. It will be seen specific in its character, and among other necessary allegations allege that the com- that they have no labor strikes, no destruction of property by labor riots. plainants voted for the person compiained of, and were induced to do so, in part, Whereas, though the advocates of a like measure have been agitating because of the public pledgey given by him.

Sec. 7. A member of the Legislature proceeded against, as provided for in the the question in Pennsylvania, New York, Maryland, and other States, two foregoing sections can claim no exemption from prosecution on account of being they have not met with success, and the consequence was that in July, a member of the Legislature.

eighteen hundred and seventy-seven, there were violent labor outbreaks, Sec. 8. Any person who shall, directly or indirectly, offer, give, or promise any which, in Pennsylvania alone, destroyed over fifty million dollars' worth money, or thing of value, testimonial, privilege, or personal advantage to any execu. of property. tive or judicial officer, or member of the Legislature, to influence him in the per

A number of the intelligence and employment offices of San Franformance of any of his public or official duties, shall be guilty of bribery, and be punished in such manner as shall be provided by law.

cisco are operated by unprincipled men, who prey upon the necessities of Sec. 9. The offense of corrupt solicitation of members of the Legislature, or of the poor. I know, from my personal observation, that men have gone public officers of the State, or of any municipal division thereof, and any occupation to these employment offices and have been informed that situations were or practice of solicitation of such members or officers to influence their official action, awaiting laborers at Marysville and other interior towns-after paying shall be defined by law, and shall be punished by fine and imprisonment. Sec. 10. No person from whom a divorce has been obtained shall, during the lifo

two dollars and fifty cents for the addresses of persons wanting labor, time of the person obtaining the divorce, be again allowed to contract a marriage; proceeded to the designated points, failed to find employment, and were such divorces to be obtained by civil action, in tho District Courts only, for causes informed no demand for labor existed. Having expended their all for provided by law.

bogus information, they turned their faces towards San Francisco-Sec. 11. No person possessing property, real, personal, or otherwise, and who has one or more direct heirs, shall ever be allowed to dispose of more than one third of tramps. Weary, and footsore, discontented and moneyless, they return said property, either by will or gift, in favor of any other person, corporation, society,

from whence they started. The worthless manager of a worthless or association. The remaining two thirds, shall become the property of his heir or employment fraud refuses to return the two dollars and fifty cents paid heirs. And any sales which may prove illegal or fraudulent of any part of said upon false representation. The workingman is remediless; no one cares property shall be declared null and void.

for him. 8. J. FARRELL,

A short time ago, since the session of this Convention comP. M. WELLIN,

menced, a report was published in a newspaper of Sacrainento that men

R. LAVIGNE. were wanted near Truckee; that three doliars per day would be paid. MR. HOWARD, of Los Angeles. Under the rules of this Convention, established, it would have supervision over the labor of this State;

Numbers went, and found it a cruel hoax. If this department were it is the duty of the Chair to declare a recess until two o'clock. MR. GRACE. I move that the minority report be read.

would furnish reliable data in relation to the labor demand; also, report MR. MORELAND. I send up a resolution.

to the Governor and Legislature, and recommend such legislation as THE SECRETARY read:

would be desirable with reference to the laboring classes. As it now is,

if labor troubles occur, no reliable information can be gotten. Perchance Resolred, That the Surveyor-General be requested to furnish this Convention the

a legislative committee is formed in haste and sent to the city or town proper boundary of this state.

where the trouble exists, and upon a report hasty legislation is had. Adopted.

What individual or committee can make an intelligent report upon labor MR. WELLIN. Mr. President: I was one of those who signed that and its needs, having given the subject a mere twenty-four hours' examreport, but I should have dissented from that section where it says that ination? But the managers of a State department for this special subthe State shall be sued. I dissent from that section. I hope that the ject can give intelligent and reliable information, upon which needed minority report will be read.

legislation can take place. If the laboring element of society in this MR. BLACKMER. I move that the usual number of copies of the State ever breaks loose, as it did in Pennsylvania in eighteen hundred report be printed.

and seventy-seven, more property would be destroyed in twenty-four The motion prevailed.

hours than it would cost to maintain a labor bureau for fifty years. THE PRESIDENT pro tem. The Convention will take the usual recesz until two o'clock P. M. AFTERNOON SESSION.

MR. LARKIN. Mr. Chairman : This proposition is a most remarka

ble proposition. It might be well in Europe, where the citizens belong The Convention reassembled at two o'clock P. M., President Hoge in to the Government, but not here. To a certain extent, the idea of estabthe chair.

lishing a Labor Bureau has been tested in this State, by the Act provid

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ing for a Bureau of that kind, in eighteen hundred and sixty-seven. The principal man connected with that was Mr. White, of San Fran

MR. ESTEE. Mr. Chairman : The Legislature has full power over cisco. In eighteen hundred and sixty-nine they came to the Legislature this question. There is no doubt about that. I do not believe there is and asked for ten thousand dollars to continue operations; the majority of the committee reported against them, but, by a combination in the any gentleman, here who will deny that proposition. In the next place,

if we say that the Legislature shall have power to do so and so, it does Senate, it was carried, and five thousand dollars appropriated. The not control them in the slightest degree. Not at all. The Legislature session following, they presented themselves again, and asked for ten would have a perfect right to disobey it. Now, I make no objection to thousand dollars more." Upon that, Dr. Pardee, of Alameda, moved for the first section, that there shall be a State Department of Labor Statisa committee to investigate the matter, and the report of that committee ties when the Legislature shall see fit. I have no objections to that. I will be found somewhere in the Journals of eighteen hundred and sev

think it is all well enough. But when you undertake to make a bureau, enty-one-seventy-two, showing that it had been a curse to the laborers and make a dozen officers, you undertake what will result in nothing, in of San Francisco. They had accomplished no good in that respect. It my judgment. Now, some years ago, I had the privilege of knowing is only to make places for a few men, and no benefit will result to the something about one of these labor bureaus in San Francisco, and I free laboring man. It will tend to make laboring men dependent upon indorse all that Mr. Larkin has said, that the bureau was a total failure. the Bureau for employment, rather than upon their own resources.

It was merely to make a place for a lot of broken-down politicians, and cannot support any proposition of this kind.

did not benefit labor one dollar. The men who bowled the loudest for

this bureau were the ones who never did a day's work in their lives. Mr. BARBOUR. Mr. Chairman: I see no need for a department in When it was established a lot of old political hacks controlled it. I do the shape that this is, anyway. If there is anything that is of real bene- not say that it will be so in future, but my idea is, if we attempt in our fit to the laboring man, that I can see is a benefit to him, I will support poor way here to establish a labor bureau, we will do that which will it; but I consider this about as little benefit to the laboring classes as result in nothing to the laboring man. It will be a place for some of anything that could be imagined. Laboring men do not care for philo- you gentlemen, and that is all. It will be saddling a labor bureau upon sophical disquisitions upon labor and capital; they don't care for statis- these men which will do them no good. I indorse the remarks made by tics showing the law of supply and demand, nor do they care for a great the gentleman from San Francisco, Mr. Barbour, about statistics. You inass of statistics; what he wants, is to find out where he can get might as well try to teach a hungry man religion. You cannot succeed employment. If this was a proposition for an employment office, where until you fill his stomach. They don't want statistics, they want bread the laboring man could be given employment, I would have no objec- for their families; they do not want a bureau, they want enterprises left tion to it. If it would tend to bring employer and laborer together open to them wherein one man's right hand is just as good as another's. more effectually, I would have no objection, but it seems to me that this And whenever you can propose any legislation in that direction, you power exists in the Legislature already; it is not necessary for the Con- will find that a large majority of this Convention will go with you. stitution to confer any such power upon the Legislature. But this seems And when you attempt to impose a labor bureau of this kind on them. to look only to the compiling of a huge mass of statisties, which would you are doing a great wrong, and injuring the cause you are striving to be of no practical value to the laboring man. It is not necessary to

benefit. cumber the Constitution with anything of this sort.

I have no objections to declaring that there shall be such a depart

ment whenever the Legislature shall so provide, but they can do it just REMARKS OF MR. WELLIN.

as well without any provision of this kind, and they can do it safely MR. WELLIN. Mr. Chairman: I am in favor of the first part of this without our putting in any of these details about the salaries, etc. I report—the first section, as amended. But the balance I don't think is venture the assertion that the man who would get that salary of two necessary at all. I have been somewhat interested in this movement- hundred dollars a month would be a man who never done a day's work not merely for a year or two years, but for ten or twelve years. The in his life. He would be a man who has some kind of political intluworking people of San Francisco desire to have some place where em- enoe. That is the kind of workingmen who usually get that kind of ployé can meet employer without being subjected to the expense and places. I don't think the gentleman who is the author of this proposiTrouble of these so-called intelligence offices. But I do not think it neces- tion knows any more about the laboring interests than any other lawyer sary to put this report into the Constitution. We desire to have some on this floor. He has had but a few months experience in California, recommendation in the Constitution, but we desire to leave it flexible. while others of us have been here twenty-five years. I do not think Therefore, I ask that this Convention adopt the first section as amended. he knows anything more about the laboring man than many of the rest

MR. HUESTIS. Notwithstanding the very able and plausible argu- of us, who have labored with our hands. I think there is a good deal of ment of the gentleman, I am of the opinion that it would be entirely buncombe in that kind of a laboring man, who never did a day's work wrong to incorporate this in the Constitution, and I therefore move to in their lives, and never expect to. When you tell ine that labor is strike out the first section.

confined to any particular walk in life, or to any profession, you are MR. HERRINGTON. I ask leave to offer a substitute to section one. denying the very first principles of labor, according to my idea. WherTHE SECRETARY read :

ever a man can do good ; wherever a man can make two blades of grass “Section 1. The Legislature shall establish a Bureau of Statistics. grow where only one grew before, there you will find the true laboring It shall be the guty of this department to collect and publish, semi- man, who is of service to the country, and to the community where he annually, statistical details concerning every class of labor in the State, lives. So far as a provision of this kind can do real good, I am for it; and the condition of all mines of the State, and the character, location, but so far as it amounts to buncombe and humbuggery, I am against it. and condition of all lands belonging to the State, or the United States within this State, and their location, with such facts as will aid in their settlement and occupation.”

MR. JONES. Mr. Chairman: I wish to say that I am in favor of

that motion. I wish to embrace this opportunity to express my views MR. HERRINGTON. I understand that measures of this kind are of and what I believe to be the views of the people of this State, against the highest importance, and should receive the inost careful consider- every form of bureaucracy. I believe, sir, the people of this State have ation. It makes but little difference how you may view this question, in not given up their faith in representative and responsible institutions. view of the Constitution which you are now about to frame and submit I believe that notwithstanding it is their habit to growl at the actions to the people, you cannot ignore the fact that labor is the chief element of each succeeding Legislature, that they do it by virtue of their lipon which the national prosperity rests. It is that upon which we inalienable right to growl at anything that does not suit them. I must depend. You cannot live upon speculation. You cannot live upon believe that the people of this State have not lost their faith in republirailroads. You cannot even live upon mines, as far as that is concerned. can institutions, and that it is still their wish that the laws of this state Labor is the foundation of our institutions, and that is the subject upon shall be made by the representative Legislature of this State. That which the mind of the people have turned and are now resting. I sub- these matters shall be subject to change and revision ; that they shall mit that this is one of the most important departments of the State, and not be so embodied in the organic law as to be beyond the control of the one which should receive the most earnest consideration.

people or the Legislature, and therefore it behooves us to be extremely MR. ESTEE. Cannot this be done by the Legislature, without any careful not to embody anything in the organic law of the State which constitutional provision ?

may properly be trusted to the Legislature, and which properly belongs Me. HERRINGTON. Yes, sir; but it is not mandatory on them to to the legislative functions of the law making power of this state, do it. They have done nothing the past twenty-five years, and how do elected by the people for that purpose. I am in favor of leaving this we know that they will do anything during the next twenty-five years. matter to the Legislature. I do not believe the people propose to surI desire to put it in an instrument that is to be submitted to the people, render all their rights into the hands of these bureaus. I presume that in order that they may put the stamp of their approval upon it, so that most of the members agree with me on that proposition. believe in their wishes cannot be ignored. That is what we desire. You under-holding the Legislature responsible. I believe in the right of the peostand how the Legislature has been captured and controlled in times ple to growl at them when they do wrong. Now, as to this matter, it past better than I can tell you. This thing has been made of secondary is a matter coming fully within the power of the Legislature elected consideration ever since the foundation of the State. Now, I say put every two years. They can do any specific thing which the people into this instrument something which will be mandatory, and which may demand, that is not prohibited in the Constitution. We have will compel the Legislature to act. We have a provision in the Consti- already established one constitutional bureau, an irresponsible bureau, tution which says that its provisions shall be mandatory. If we put this which in my judgment is quite sufficient. If this bureau should prove in the Constitution the Legislature cannot fail to act. I do not wish to worthless, as it probably will, the people could not get rid of it without leave it optional with them any longer. Twenty-five years' experience amending the Constitution. Now, sir, I don't believe that the Legislahas shown us that they are unmindful of the interests of the laboring ture of this state will ever be materially worse than the people who classes. I want the laboring men to know, when they come here, where elect them. They are fully competent to represent the demands of the our mines are; where our farins are. I hope that this subject will people, and as they have full power in this regard there is no earthly receive that careful consideration which its importance demands. need of a constitutional provision of this kind. If we want a bureau

MR. ROLFE. Mr. Chairman: I move that the committee now rise, of this kind, to lend encouragement to any class, we can have it any report back the subject under consideration, and recommend that it be time we want it. I am in favor of the motion to indefinitely postpone indefinitely postponed.

this whole matter.









Stevenson, MR. BEERSTECHER. Mr. Chairman: I hope this motion to post



pone the consideration of this important subject will not prevail. It is Stuart,
not treating those interested with due courtesy. If we are wrong in Swenson,

Walker, of Tuolumne, White,

Wilson, of Tehama, this matter, let us come to a vote and determine the issue. I desire to Swing,


say to the gentleman from Mariposa, Judge Jones, who has spoken of Terry,
representative government, that what we are after is a representative gov-
ernment--one in the full sense of the term. We want a government that


Reed, represents every man, woman, and child, every class and condition,


Reynolds, every interest in the State. What we do not want is a government Berry,


Ringgold, which represents one interest and ignores all others. We do not desire


Howard, of Los Angeles, Schell, the representing of capital at the expense of labor. Therefore, I appeal Campbell,


Schomp, to gentlemen on this floor to say that the laborers' demands shall be


Shaster, recognized. The gentleman from San Francisco, Mr. Estee, grows elo


Shoemaker, quent talking about what he pleases to call “ something else more


Sweasey, desirable.” This is an easy way to evade an obnoxious proposition, to


Thompson, say: "Give us something else." If the gentleman has something else: Dudley.of San Joaquin, Lindow,

Townsend, something better than that proposed, why in the name of reason and of

Dudley, or Solano, Martin, of Alameda, Tuttle, justice does he not offer it? His something else” is a method of evad


Vacque ing a direct issue upon this question before the Convention. The gen


Van Dyke, tleman from El Dorado, Mr. Larkin, who claims to be a hard-fisted son


Van Voorhies, of toil, says this is a “ European proposition, and antagonistic to Ameri


Walker, of Marin, can institutions." I deny the assertion. Had the gentlemau been paying Finney,


Wickes, attention to the debate, he would ere this have known that Massachusetts


Wilson, of 1st District, some years ago established a State Bureau of Labor and Labor Statistics,


Winans, which has proved a blessing not only to the poor, but also to the rich.


Mr. President.
We desire this article to be incorporated in the new Constitution, that


Pulliam, the laborer, the workingman, the hard-fisted son of toil, shall have a department of the State government devoted to his interests. The irrational, unconstitutional legislation of last Winter directed against the

One day's leave of absence was granted Messrs. Mills, Biggs, and Harworkingmen of San Francisco, would have been prevented by the existence of such a department of State, and the ferment in that city would

Three days' leave of absence was granted Mr. Boggs. have ceased long ere police and military forces were called into requisi- Mr. MCFARLAND. There is barely a quorum present, and I move tion. The rights of the working classes cannot be denied and withheld, that this Convention take a recess until one o'clock. and their wants ignored, for any length of time; for what they demand in

(Cries of “Two o'clock.”] justice they surely will receive, not as an act of justice to a class, but as MR. LARKIN. There are some ten or twelve more members in town. an act of necessity for the nation's integrity; as an act tending to elevate There will be from eighty-five to ninety-five members here, and I object the material, mental, moral, and physical condition of the people.

to taking any recess. THE CHAIRMAN. The question is on the motion that the commit

Mr. McFARLAND. There is nothing to do except to commence tee rise, report back the matter to the Convention, and recommend that upon the final action by the Convention upon the reports, and then if it be indefinitely postponed.

we should manage to keep a quorum here until noon, it will hardly be Division being called, the vote stood--ayes, 40; noes, 29; no quorum fair to act upon these questions with a bare quorum. At one o'clock we voting. The question was put again, resulting in a vote of 43 ayes to 33 will have a large body. noes-no quorum voting.

MR. BROWN. Mr. President: The members are slowly coming in, MR. MURPHY. Mr. Chairman: I move that the committee rise.

and if we get in the habit, Monday morning, of leaving off business, Carried.

members that are somewhat negligent will grow more so. I am under IN CONVENTION.

the impression that this Convention should act in such a way as to let

members know that it is intended to proceed with business at once. I MR. MCFARLAND. Mr. President: I move that the Convention think it would be very improper to adjourn at this time. now adjourn.

THE CHAIR. The question is on the motion of the gentleman from Carried.

Sacramento, Mr. McFarland.

The motion was lost. Aud at three o'clock p. 2. the Convention stood adjourned until Mon

THE JOURNAL. day morning at nine o'clock and thirty minutes.

MR. O'SULLIVAN. I move that the reading of the Journal be dispensed with, and the same approved.

The CHAIR. If there be no objection, the reading of the Journal ONE HUNDRED AND TWENTY-SECOND will be dispensed with. DAY

Mr. FREUD. I object.

MR. AYERS. I object. SACRAMENTO, Monday, January 27th, 1879. THE CHAIR. The question is on the motion of the gentleman from The Convention met in regular session at nine o'clock and thirty min- San Francisco, Mr. O'Sullivan.

The motion prevailed. SECRETARY SMITH. The Convention will come to order and elect a

MR. WHITE. Mr. President: I move that we take up the bill of temporary President, in the absence of the President and President pr& rights in Convention.

MR. AYERS. I second the motion.

MR. O'SULLIVAN. Mr. President: I move that the Convention On motion of Mr. Huestis, Mr. McCallum was chosen to preside.

resolve itself into Committee of the Whole, Mr. McCallum in the chair, Mr. McCallum in the chair. The roll was called, and members found in attendance as follows:

for the purpose of further considering the section relating to labor and

MR. WHITE. I withdraw my motion.

THE CHAIR. The question is on the motion of the gentleman from

Martin, of Santa Cruz, San Francisco, Mr. O'Sullivan.

The motion prevailed.



THE CHAIRMAN. The Secretary will read the amendment offered

by the gentleman from San Francisco, Mr. Beerstecher.

MR. ROLFE. The question was on the motion to rise, report back

the subject-matter, and recommend its indefinite postponement. Boucher, Herrington, Morse,

THE CHAIRMAN. No motion would be in order except for the com-

mittee to rise, because there was no quorum present.

MR. ROLFE. I make that motion now. I wish to say-
Howard, of Mariposa, Neunaber,

THE CHAIRMAN. The question is not debatable except hy unani-

mous consent.

[Cries of “ Object."]

THE CHAIRMAN. The question is on the motion that the committee Davis, Joyce, Reddy,

rise, report the article back, and recommend its indefinite postponement.

On a division, the votes stood 47 ayes to 21 noes.

THE CHAIRMAN. No quorum voting. Gentlemen will please vote.

There is a quorum present. Vote on one side or the other.

Smith, of Santa Clara, On a division, the vote stood 44 ayes to 26 noes.

Smith, of 4th District, The CHAIRMAN. The Secretary will count the committee.

Smith, of San Francisco, MR. STUART. I move that the Convention take a recess.

MR. MARTIN, of Santa Cruz. I move that the committee rise.

The CILAIRMAN. The Secretary is counting the committee.


utes A. M.



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