ought not to be adopted even as amended." Is it not proper then to strike it out? MR. HOLMES. section nine? Could the committee turn around now and strike out MR. MCFARLAND. Unless it was held that we had passed it and proceeded to the consideration of another section. Suppose the Moreland amendment had only referred to a portion of section ten; could you not have moved to strike out the whole section? Now his amend ment really only relates to the amendment of the section. It is in the shape of a substitute, but it is an amendment in theory and substance. Will any gentleman tell me that after you have amended a section at all you cannot strike it out? If that is so the smallest amendment in the world would prevent the committee from striking out a section. I do not think that gentlemen ought to indulge in a violation of parliamentary rules. I am opposed to the motion made by the gentleman from Alameda, and should hate to see the section stricken out, but it seems 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, and now it is claimed that because we have adopted an amendment we cannot strike the section out. MR. MCCALLUM. Mr. Chairman: I wish to say that, in my judgment, the ruling of the Chair is not only in conformity with the ruling of the President of this Convention, but is in accordance with correct principles, and that the proposition has been argued entirely upon a wrong theory. The President of this Convention has frequently decided that the friends of a proposition had a right first to amend before a motion should be made to kill it, or indefinitely postpone it. MR. ESTEE. Mr. Chairman: I send up an amendment. "Amend section eleven, line three, by striking out all after the word 'the,' to and including the words 'eighteen hundred and seventy-nine,' and insert the following: First day of March, eighteen hundred and eighty.' MR. ESTEE. Mr. Chairman: The reason for that amendment, or for some amendment requiring the Constitution to go into effect after the meeting of the first Legislature, seems to be obvious. There will be no code of practice for the new Courts prescribed in this Constitution, and there will be no machinery by which these Courts could be held in their respective counties and administer justice. This puts it only two months after the Legislature meets. MR. BEERSTECHER. I call the attention of the gentleman from San Francisco, Mr. Estee, to section one of the report of the Committee on Schedule: tion, not inconsistent therewith, shall remain in full force and effect "SECTION 1. That all laws in force at the adoption of this Constituuntil altered or repealed by the Legislature; and all rights, actions, prosecutions, claims, and contracts of the State, counties, individuals, or bodies corporate, not inconsistent therewith, shall continue to be as valid as if this Constitution had not been adopted. The provisions of all laws which are inconsistent with this Constitution shall cease upon the adoption thereof, except that all laws which are inconsistent with such provisions of this Constitution as require legislation to enforce them shall remain in full force until the first day of July, eighteen hundred and eighty, unless sooner altered or repealed by the LegislaI would inquire of the gentleman whether he has read that section MR. ESTEE. Striking out is not the equivalent of indefinitely post-ture." poning. 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. Under the new Constitution are not the names of the MR. ESTEE. The object of going into Committee of the Whole is 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 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 out; or, in other words, to indefinitely postpone. To say the other thing would be to say that the object of all parliamentary law could be defeated by a parliamentary trick. Fearing that this question might be raised, and not knowing what might be the views of the Chairman, I raised this very point to ascertain whether the Chair entertained the views of the President, before the question was put on the amendment. The Chair said he would entertain the motion after the amendment was disposed of. I concede that an amendment cannot be amended after it 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 indefinitely postpone, although a motion to indefinitely postpone is not MR. DUDLEY, of Solano. The motion is simply a motion to strike out, and under the rules of the House of Representatives, the rule under which this Convention is operating, and under the universal practice of legislative bodies, it is proper to permit a motion to strike out after the friends of the section have come as near perfecting it as they can. MR. WEST. Mr. Chairman: I move the previous question. in order in Committee of the Whole. Seconded. MR. BEERSTECHER. This section which I have read provides that shall cease upon the adoption thereof, except that all laws which are "the provisions of all laws which are inconsistent with this Constitution inconsistent with such provisions of this Constitution as require legislation to enforce them shall remain in full force until the first day of July, eighteen hundred and eighty, unless sooner altered or repealed by the Legislature." That seems to me to meet every objection of the gentleman. The only tangible thing that the gentleman has urged has been in relation to the judiciary, and there is nothing in that. The Practice Act will apply just the same in the Superior Courts as it applies to-day in the County Courts. The only thing will be that the District Judges will be wiped out. There will be no practical difficulty in the way at all. The idea of officers coming into power and assuming official functions, and the Legislature meeting here and attempting to legislate under the provisions of a Constitution not in force would seem to me to to see how it would be done. I think that section eleven, in connection I am unable be decidedly an anomaly in the system of government. with the other sections of the schedule, is not subject to criticism, and ought not to be amended or changed. MR. TERRY. As there seems to be some difficulty in understanding what is going on here amid the confusion which prevails, I move that MR. SHAFTER. Mr. Chairman: I claim the right, under the rule, the committee now rise, report progress, and ask leave to sit again. to be heard last. Shall the decision of the Chair THE CHAIRMAN. There is no such rule. The main question was ordered. THE CHAIRMAN. The question is: stand as a judgment of the committee? ment was offered to the section, called a substitute, and at that time the Chair was inquired of if a motion to strike out would be in order. The Chair ruled that it would not be in order until the friends of the section had amended it so far as they might wish to amend it. The question was put on the amendment, and it was adopted, and the Chair then entertained the motion to strike out. The question is: Shall the decision of the Chair stand as a judgment of the committee? The decision of the Chair was sustained, on a division, by a vote of 51 ayes to 37 noes. THE CHAIRMAN. The decision of the Chair stands as the judgment of the committee. The question is on the motion of the gentleman from Alameda, to strike out the section. The motion was lost, on division, by a vote of 39 ayes to 54 noes. MR. STEDMAN. Mr. Chairman: I desire to give notice that I will on Monday move to reconsider this vote. THE CHAIRMAN. A motion to reconsider will not be in order. The Secretary will read section eleven. CONSTITUTION TO TAKE EFFECT. THE SECRETARY read: SEC. 11. Should this Constitution be ratified at the election for the ratification and adoption thereof, it shall take effect and be in force on and after the fourth day of July, eighteen hundred and seventy-nine, at twelve o'clock meridian. MR. SHAFTER. Mr. Chairman: I would like to offer an additional amendment, if the gentleman will withdraw his motion for that pur pose. MR. TERRY. I give way for a moment. MR. SHAFTER. The section declares that "should this Constitution shall take effect," etc. be ratified at the election for the ratification and adoption thereof, it I want to know when it will take effect, if it is not ratified and adopted? I move to strike out the word "should" in the first line, and from the word "Constitution" in the first line down to the word "shall" in the second line, so that it will read, "this Constitution shall take effect and be in force on and after the fourth day of July, eighteen hundred and seventy-nine, at twelve o'clock, meridian. MR. TERRY. I now renew my motion. THE CHAIRMAN. The question is on the motion of the gentleman and ask leave to sit again. from San Joaquin, Mr. Terry, that the Committee rise, report progress, MR. GRACE. I move we go into perpetual session. [Confusion.] MR. MCCALLUM. Mr. President: I move that we take up the arti-and the several memorials and petition relating to local option and mechanics cle on executive department in Convention. MR. ESTEE. Mr. President: I hope that when we approach the important duty of revising what we have done, that we will not do it without deliberation, and without a full house. I hope that if there is anything we can do in Committee of the Whole, we will do it, and commence, on Monday, with the understanding that we will take up the articles in Convention as they are on the file; and not commence on a Saturday, when we know we never have a full house, and that due deliberation is not given to the subject. MR. AYERS. I hope that when we go into Convention that we will begin at the beginning. I hope that when this Convention goes into-[Confusion.] MR. HAGER. I would like to know what the question is? THE PRESIDENT pro tem. There is a motion before the house, that the Convention take up for consideration the report of the Committee of the Whole on the Executive Department. MR. AYERS. Now, all I wished to say was this, that I think that when we do go into Convention to finally consider these reports, that we shall proceed in order; that we shall commence at the Bill of Rights, and go through in the regular order. If we jump from one report to another, we shall find ourselves in confusion worse confounded. Now, I have no objections that this Convention should adjourn until Monday, but I am anxious to get through with the work. I have been here five months and have not been home. My business is suffering from my continued absence. MR. MCCALLUM. I withdraw my motion. MR. HOWARD, of Los Angeles. I move that we adjourn. o'clock and six minutes P. M.] [Twelve [Cries of Division !" "Ayes and noes!" and continued confusion.] THE PRESIDENT pro tem. The gentlemen must take their seats, or business cannot proceed. The question is on the motion to adjourn. The motion was lost. BOUNDARY. MR. LARKIN. Mr. President: I move that the Convention resolve itself into Committee of the Whole, the President pro tem. in the chair, for the purpose of considering the article on State boundaries. The motion prevailed. IN COMMITTEE OF THE WHOLE. THE CHAIRMAN. The Secretary will read the article. ARTICLE XII. BOUNDARY OF THE STATE DEFINED. SECTION 1. The boundary of the State of California shall be as follows: Commencing at the point of intersection of forty-second degree of north latitude with the one hundred twentieth degree of longitude west from Greenwich, and running south on the line of said one hundred twentieth degree of west longitude until it intersects the thirtyninth degree of north latitude; thence running in a straight line, in a southeasterly direction, to the River Colorado, at a point where it intersects the thirty-fifth degree of north latitude; thence down the middle of the channel of said river to the boundary line between the United States and Mexico, as established by the treaty of May thirtieth, one thousand eight hundred and forty-eight; thence running west and along said boundary line to the Pacific Ocean, and extending therein three English miles; thence running in a northwesterly direction and following the direction of the Pacific Coast to the forty-second degree of north latitude; thence on the line of said forty-second degree of north latitude to the place of beginning. Also, all the islands, harbors, and bays along and adjacent to the coast. MR. MCCALLUM. That is the old Constitution. I move that the committee rise, report it back, and recommend its adoption. MR. HAGER. I would ask the Secretary to read the history of the report. MR. GRACE. It is a part of the history of our beloved country. MR. BIGGS. I understand that our eastern boundary has been changed since the old Constitution was adopted. I ask for information. MR. LARUE. I move to amend by adding as follows: "and to include Lower California, Sonora, Sinaloa." MR. MCCALLUM. My motion is, that the committee rise, report the section back, and recommend its adoption. MR. PRESIDENT: The Committee on Miscellaneous Subjects respectfully report that proposed amendments Nos. 8, 37, 52, 140, 141, 162, 164, 167, 176, 215, 220, 230, 235, 236, 243, 273, 281, 304, 317, 366, 375, 414, 416, 446, 463, 482, 488, 492, 507, 529, 530, liens, have been considered by your committee, and the same are reported back to the Convention, with the recommendation that no further action be taken thereon. The committee respectfully submit eighteen sections, forming an article on miscellaneous subjects, and recommend their adoption. Messrs. Dean and Schomp dissent from sections sixteen aud eighteen, and Mr. Lavigne from section eighteen. Messrs. Farrell and Lavigne dissent from section fifteen. JAS. E. DEAN, J. SCHOMP, R. LAVIGNE, S. J. FARRELL, J. M KELLEY, P. M. WELLIN. SECTION 1. The City of Sacramento is hereby declared to be the seat of government of this State, and shall so remain until changed by law; but no law changing the seat of government shall be valid or binding, unless the same be approved and ratified by a majority of the qualified electors of the State voting therefor at a general State election, under such regulations and provisions as the Legislature by a two-thirds vote of each House may provide, submitting the question of change to the people. SEC. 2. Any citizen of this State who shall, after the adoption of this Constitution, fight a duel with deadly weapons, or send or accept a challenge to fight a duel with deadly weapons, either within this State or out of it, or who shall act as second, or knowingly aid or assist in any manner those thus offending, shall not be allowed to hold any office of profit, or to enjoy the right of suffrage under this Constitution. SEC. 3. Members of the Legislature, and all officers, executive and judicial, except such inferior officers as may be by law exempted, shall, before they enter upon the duties of their respective offices, take and subscribe the following oath or affirmation: "I do solemnly swear (or affirm, as the case may be,) that I will support the Constitution of the United States and the Constitution of the State of California, and that I will faithfully discharge the duties of the -, according to the best of my ability." office of And no other oath, declaration, or test, shall be required as a qualifi cation for any office or public trust. SEC. 4. All officers or Commissioners, whose election or appointment is not provided for by this Constitution, and all officers or Commissioners, whose office or duties may hereafter be created by law, shall be elected by the people, or appointed, as the Legislature may direct. 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. SEC. 7. No contract of marriage shall be invalidated for want of conformity to the requirements of any religious sect. But no marriage hereafter contracted in this State shall be valid between the parties thereto unless a public record thereof be made in such manner as may be provided by law. SEC. 8. All property, real and personal, owned by either husband or wife before marriage, and that acquired by either of them afterwards by gift, devise, or descent, shall be their separate property. SEC. 9. No perpetuities shall be allowed except for eleemosynary purposes. SEC. 10. Every person shall be disqualified from holding any office of profit in this State who shall have been convicted of having given or offered a bribe to procure his election or appointment. SEC. 11. Laws shall be made to exclude from office, serving on juries, and from the right of suffrage, those who shall hereafter be convicted of bribery, perjury, forgery, or other high crimes. The privilege of free suffrage shall be supported by laws regulating elections and prohibiting, under adequate penalties, all undue influence thereon from power, bribery, tumult, or other improper practice. SEC. 12. Absence from this State, on business of the State or of the United States, shall not affect the question of residence of any person. SEC. 13. A plurality of the votes given at any election shall constitute a choice, where not otherwise directed in this Constitution. SEC. 14. The Legislature shall provide, by law, for the maintenance and efficiency of a State Board of Health. SEC. 15. Mechanics, material-mer, artisans, and laborers of every class, shall have a lien upon the property upon which they have bestowed labor or furnished material, for the value of such labor done and material furnished; and the Legislature shall provide, by law, for speedy and efficient enforcement of said liens. SEC. 16. The amount named in either a fire or marine insurance policy shall be deemed to be the true value of the property insured for 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 may be declared by law; and, if not so declared, such officer or Commissioner 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. SEC. 18. No persons other than citizens, or those who have declared their intentions to become such, shall hereafter acquire or own, either by purchase or otherwise, real property in this State contrary to this provision-such property shall escheat to the State; nor shall any lands in this State be held in trust for any alien; but the creation of any trust in lands for the benefit of an alien shall at once escheat the land to the State. MINORITY REPORT. MR. FARRELL. Mr. President: I send up a minority report. MR. PRESIDENT: The undersigned, a minority of your Committee on Miscellaneous Subjects, while agreeing in the main with the report of the majority herein, beg leave to submit their report, recommending that the following additional provisions be incorporated in the Constitution: MR. STEDMAN. Mr. Chairman: I will state that these propositions 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 done or material the Chairman of the committee, it would have been reported back furnished. And the Legislature shall provide by law for the speedy and efficient with the recommendation that it be not adopted. But upon the solicitaenforcement of such liens, making such building, structure, mine, or other improvement, 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. SPEECH OF MR. BEERSTECHER. SFC 2. Eight hours shall constitute a legal day's work. SEC. 3. All public work-State, county, city, and city and county-shall be done by the day, and no contract shall be allowed except for supplying of material. SEC. 4. The Legislature, at the first session after the adoption of this Constitution, shall provide by law for the compilation and printing of a complete series of school text-books, all the necessary mechanical work connected therewith to be done in the State Printing Office. The text-books thus compiled and printed shall constitute a uniform series of text-books, to be used in the public schools of this State after the first day of January, eighteen hundred and eighty-two, and shall be furnished to pupils at cost price. The printing of the codes and statutes of the State shall also be done in the State Printing Office. SEC. 5. If any one who is a candidate for either House of the State Legislature shall publicly declare his intention to support, advocate, and vote for any particular measure or proposed law, and shall, after election, refuse to support, advocate, or vote for such measure or law, he shall be deemed guilty of a breach of trust; or if 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 candidacy, and shall afterwards support, advocate, or vote for any such measure or law, he shall be deemed guily of a breach of trust, and in either case he shall, upon the sworn complaint of any five of his constituents, be brought to trial before a jury in the District Court of the county in which he resides, and, if convicted as charged, he shall forthwith 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 honor, trust, or profit in the State. SEC. 6. The complaint provided for in the previous sections shall be full and specific in its character, and among other necessary allegations allege that the complainants voted for the person complained of, and were induced to do so, in part, because of the public pledges given by him. SEC. 7. A member of the Legislature proceeded against, as provided for in the two foregoing sections, can claim no exemption from prosecution on account of being a member of the Legislature. SEC. 8. Any person who shall, directly or indirectly, offer, give, or promise any money, or thing of value, testimonial, privilege, or personal advantage to any executive or judicial officer, or member of the Legislature, to influence him in the per formance 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. 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 said property, either by will or gift, in favor of any other person, corporation, society, or association. The remaining two thirds, shall become the property of his heir or heirs. And any sales which may prove illegal or fraudulent of any part of said property shall be declared null and void. S. J. FARRELL, MR. BEERSTECHER. Mr. Chairman: As the author of this proposition, I desire to state the object. It is introduced at the solicitation and request of a large number of citizens of this State. It is not new to the people of the State. At the last session of the Legislature a bill to the same effect was introduced establishing a department of labor and labor statistics, or, as it was called, a Labor Bureau. The matter came up for consideration, and after full discussion of the merits and demerits of the project, it was finally adopted by both branches of the Legislature. The bill passing the latter part of the session, the Governor pocketed the same, and there the matter ended. In the present session of the Legislature of Nevada, a similar bill has been introduced and is pending. A Department of Labor and Labor Statistics has been in successful operation in Massachusetts, and exists there to-day. As the section reads as amended, it leaves the power in the Legislature, where it is to-day, but gives the measure the sanction of the Constitution. It has been found that the plan here proposed works well in Massachusetts. An examinbettered since the establishment of this department. It will be seen that they have no labor strikes, no destruction of property by labor riots. Whereas, though the advocates of a like measure have been agitating they have not met with success, and the consequence was that in July, the question in Pennsylvania, New York, Maryland, and other States, eighteen hundred and seventy-seven, there were violent labor outbreaks, which, in Pennsylvania alone, destroyed over fifty million dollars' worth of property. cisco are operated by unprincipled men, who prey upon the necessities of A number of the intelligence and employment offices of San Franthe poor. I know, from my personal observation, that men have gone to these employment offices and have been informed that situations were awaiting laborers at Marysville and other interior towns-after paying two dollars and fifty cents for the addresses of persons wanting labor, proceeded to the designated points, failed to find employment, and were informed no demand for labor existed. Having expended their all for bogus information, they turned their faces towards San Franciscotramps. Weary and footsore, discontented and moneyless, they return The worthless manager of a worthless from whence they started. employment fraud refuses to return the two dollars and fifty cents paid upon false representation. The workingman is remediless; no one cares for him. A short time ago, since the session of this Convention commenced, a report was published in a newspaper of Sacramento that men were wanted near Truckee; that three doliars per day would be paid. established, it would have supervision over the labor of this State; Numbers went, and found it a cruel hoax. If this department were would furnish reliable data in relation to the labor demand; also, report to the Governor and Legislature, and recommend such legislation as would be desirable with reference to the laboring classes. As it now is, if labor troubles occur, no reliable information can be gotten. Perchance a legislative committee is formed in haste and sent to the city or town where the trouble exists, and upon a report hasty legislation is had. What individual or committee can make an intelligent report upon labor and its needs, having given the subject a mere twenty-four hours' examination? But the managers of a State department for this special subtheject can give intelligent and reliable information, upon which needed legislation can take place. If the laboring element of society in this State ever breaks loose, as it did in Pennsylvania in eighteen hundred and seventy-seven, more property would be destroyed in twenty-four hours than it would cost to maintain a labor bureau for fifty years. MR. HOWARD, of Los Angeles. Under the rules of this Convention, THE SECRETARY read: Resolved, That the Surveyor-General be requested to furnish this Convention the proper boundary of this State. Adopted. MR. WELLIN. Mr. President: I was one of those who signed that report, but I should have dissented from that section where it says that the State shall be sued. I dissent from that section. I hope that minority report will be read. MR. BLACKMER. I move that the usual number of copies of the report be printed. The motion prevailed. THE PRESIDENT pro tem. The Convention will take the usual recess until two o'clock P. M. AFTERNOON SESSION. REMARKS OF MR. LARKIN. MR. LARKIN. Mr. Chairman: This proposition is a most remarkable 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 estab the chair. lishing a Labor Bureau has been tested in this State, by the Act provid ing for a Bureau of that kind, in eighteen hundred and sixty-seven. The principal man connected with that was Mr. White, of San Francisco. In eighteen hundred and sixty-nine they came to the Legislature and asked for ten thousand dollars to continue operations; the majority of the committee reported against them, but, by a combination in the Senate, it was carried, and five thousand dollars appropriated. The session following, they presented themselves again, and asked for ten thousand dollars more. Upon that, Dr. Pardee, of Alameda, moved for a committee to investigate the matter, and the report of that committee will be found somewhere in the Journals of eighteen hundred and seventy-one-seventy-two, showing that it had been a curse to the laborers of San Francisco. They had accomplished no good in that respect. is only to make places for a few men, and no benefit will result to the free laboring man. It will tend to make laboring men dependent upon the Bureau for employment, rather than upon their own resources. I cannot support any proposition of this kind. REMARKS OF MR. BARBOUR. It MR. BARBOUR. Mr. Chairman: I see no need for a department in the shape that this is, anyway. If there is anything that is of real benefit to the laboring man, that I can see is a benefit to him, I will support it; but I consider this about as little benefit to the laboring classes as anything that could be imagined. Laboring men do not care for philosophical disquisitions upon labor and capital; they don't care for statistics showing the law of supply and demand, nor do they care for a great mass of statistics; what he wants, is to find out where he can get employment. If this was a proposition for an employment office, where the laboring man could be given employment, I would have no objection to it. If it would tend to bring employer and laborer together more effectually, I would have no objection, but it seems to me that this power exists in the Legislature already; it is not necessary for the Constitution to confer any such power upon the Legislature. But this seems to look only to the compiling of a huge mass of statistics, which would be of no practical value to the laboring man. It is not necessary to cumber the Constitution with anything of this sort. necessary at all. REMARKS OF MR. WELLIN. MR. WELLIN. Mr. Chairman: I am in favor of the first part of this report the first section, as amended. But the balance I don't think is I have been somewhat interested in this movementnot merely for a year or two years, but for ten or twelve years. The working people of San Francisco desire to have some place where employé can meet employer without being subjected to the expense and trouble of these so-called intelligence offices. But I do not think it necessary to put this report into the Constitution. We desire to have some recommendation in the Constitution, but we desire to leave it flexible. Therefore, I ask that this Convention adopt the first section as amended. MR. HUESTIS. Notwithstanding the very able and plausible argument of the gentleman, I am of the opinion that it would be entirely wrong to incorporate this in the Constitution, and I therefore move to strike out the first section. THE SECRETARY read: MR. HERRINGTON. I ask leave to offer a substitute to section one. "SECTION 1. The Legislature shall establish a Bureau of Statistics. It shall be the duty of this department to collect and publish, semiannually, statistical details concerning every class of labor in the State, and the condition of all mines of the State, and the character, location, 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." REMARKS OF MR. HERRINGTON. MR. HERRINGTON. I understand that measures of this kind are of the highest importance, and should receive the most careful consideration. It makes but little difference how you may view this question, in view of the Constitution which you are now about to frame and submit to the people, you cannot ignore the fact that labor is the chief element upon which the national prosperity rests. It is that upon which we must depend. You cannot live upon speculation. You cannot live upon railroads. You cannot even live upon mines, as far as that is concerned. Labor is the foundation of our institutions, and that is the subject upon which the mind of the people have turned and are now resting. I submit that this is one of the most important departments of the State, and one which should receive the most earnest consideration. MR. ESTEE. Cannot this be done by the Legislature, without any constitutional provision? MR. HERRINGTON. Yes, sir; but it is not mandatory on them to do it. They have done nothing the past twenty-five years, and how do we know that they will do anything during the next twenty-five years. I desire to put it in an instrument that is to be submitted to the people, in order that they may put the stamp of their approval upon it, so that their wishes cannot be ignored. That is what we desire. You understand how the Legislature has been captured and controlled in times past better than I can tell you. This thing has been made of secondary consideration ever since the foundation of the State. Now, I say put into this instrument something which will be mandatory, and which will compel the Legislature to act. We have a provision in the Constitution which says that its provisions shall be mandatory. If we put this in the Constitution the Legislature cannot fail to act. I do not wish to leave it optional with them any longer. Twenty-five years' experience has shown us that they are unmindful of the interests of the laboring classes. I want the laboring men to know, when they come here, where our mines are; where our farins are. I hope that this subject will receive that careful consideration which its importance demands. MR. ROLFE. Mr. Chairman: I move that the committee now rise, report back the subject under consideration, and recommend that it be indefinitely postponed. REMARKS OF MR. ESTEE. MR. ESTEE. Mr. Chairman: The Legislature has full power over this question. There is no doubt about that. I do not believe there is 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 not control them in the slightest degree. Not at all. The Legislature would have a perfect right to disobey it. Now, I make no objection to the first section, that there shall be a State Department of Labor Statistics when the Legislature shall see fit. I have no objections to that. I think it is all well enough. But when you undertake to make a bureau, and make a dozen officers, you undertake what will result in nothing, in my judgment. Now, some years ago, I had the privilege of knowing something about one of these labor bureaus in San Francisco, and I indorse all that Mr. Larkin has said, that the bureau was a total failure. It was merely to make a place for a lot of broken-down politicians, and did not benefit labor one dollar. The men who howled the loudest for this bureau were the ones who never did a day's work in their lives. When it was established a lot of old political hacks controlled it. I do not say that it will be so in future, but my idea is, if we attempt in our poor wayere to establish a labor bureau, we will do that which will result in nothing to the laboring man. It will be a place for some of you gentlemen, and that is all. It will be saddling a labor bureau upon these men which will do them no good. I indorse the remarks made by the gentleman from San Francisco, Mr. Barbour, about statistics. You might as well try to teach a hungry man religion. You cannot succeed until you fill his stomach. They don't want statistics, they want bread for their families; they do not want a bureau, they want enterprises left open to them wherein one man's right hand is just as good as another's. And whenever you can propose any legislation in that direction, you will find that a large majority of this Convention will go with you. And when you attempt to impose a labor bureau of this kind on them. you are doing a great wrong, and injuring the cause you are striving to benefit. I have no objections to declaring that there shall be such a department whenever the Legislature shall so provide, but they can do it just as well without any provision of this kind, and they can do it safely without our putting in any of these details about the salaries, etc. I venture the assertion that the man who would get that salary of two hundred dollars a month would be a man who never done a day's work in his life. He would be a man who has some kind of political influence. That is the kind of workingmen who usually get that kind of places. I don't think the gentleman who is the author of this proposition knows any more about the laboring interests than any other lawyer on this floor. He has had but a few months experience in California, while others of us have been here twenty-five years. I do not think he knows anything more about the laboring man than many of the rest of us, who have labored with our hands. I think there is a good deal of buncombe in that kind of a laboring man, who never did a day's work in their lives, and never expect to. When you tell ine that labor is confined to any particular walk in life, or to any profession, you are denying the very first principles of labor, according to my idea. Wherever a man can do good; wherever a man can make two blades of grass grow where only one grew before, there you will find the true laboring man, who is of service to the country, and to the community where he lives. So far as a provision of this kind can do real good, I am for it; but so far as it amounts to buncombe and humbuggery, I am against it. REMARKS OF MR. JONES. 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 and what I believe to be the views of the people of this State, against every form of bureaucracy. I believe, sir, the people of this State have not given up their faith in representative and responsible institutions. I believe that notwithstanding it is their habit to growl at the actions of each succeeding Legislature, that they do it by virtue of their inalienable right to growl at anything that does not suit them. I believe that the people of this State have not lost their faith in republican institutions, and that it is still their wish that the laws of this State shall be made by the representative Legislature of this State. That these matters shall be subject to change and revision; that they shall not be so embodied in the organic law as to be beyond the control of the people or the Legislature, and therefore it behooves us to be extremely careful not to embody anything in the organic law of the State which may properly be trusted to the Legislature, and which properly belongs to the legislative functions of the law making power of this State, elected by the people for that purpose. I am in favor of leaving this matter to the Legislature. I do not believe the people propose to surrender all their rights into the hands of these bureaus. presume that most of the members agree with me on that proposition. I believe in holding the Legislature responsible. I believe in the right of the people to growl at them when they do wrong. Now, as to this matter, it is a matter coming fully within the power of the Legislature elected every two years. They can do any specific thing which the people may demand, that is not prohibited in the Constitution. We have already established one constitutional bureau, an irresponsible bureau, which in my judgment is quite sufficient. If this bureau should prove worthless, as it probably will, the people could not get rid of it without amending the Constitution. Now, sir, I don't believe that the Legislature of this State will ever be materially worse than the people who elect them. They are fully competent to represent the demands of the people, and as they have full power in this regard there is no earthly need of a constitutional provision of this kind. If we want a bureau of this kind, to lend encouragement to any class, we can have it any time we want it. I am in favor of the motion to indefinitely postpone this whole matter. REMARKS OF MR. BEERSTECHER. in Steele, Stevenson, Tinnin, Turner, Caples, Casserly, Weller, Wellin, West, Dudley, of San Joaquin, Lindow, MR. BEERSTECHER. Mr. Chairman: hope this motion to postpone the consideration of this important subject will not prevail. It is Stuart, not treating those interested with due courtesy. If we are wrong Swenson, 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 government-one in the full sense of the term. We want a government that Barnes, represents every man, woman, and child, every class and condition, Belcher, every interest in the State. What we do not want is a government Berry, which represents one interest and ignores all others. We do not desire Boggs, the representing of capital at the expense of labor. Therefore, I appeal Campbell, to gentlemen on this floor to say that the laborers' demands shall be recognized. The gentleman from San Francisco, Mr. Estee, grows eloquent talking about what he pleases to call "something else more desirable." This is an easy way to evade an obnoxious proposition, to say: "Give us something else." If the gentleman has something else, something better than that proposed, why in the name of reason and of justice does he not offer it? His "something else" is a method of evading a direct issue upon this question before the Convention.The gentleman from El Dorado, Mr. Larkin, who claims to be a hard-fisted son of toil, says this is a "European proposition, and antagonistic to American institutions." I deny the assertion. Had the gentlemau been paying attention to the debate, he would ere this have known that Massachusetts some years ago established a State Bureau of Labor and Labor Statistics, which has proved a blessing not only to the poor, but also to the rich. We desire this article to be incorporated in the new Constitution, that 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 workingmen of San Francisco, would have been prevented by the existence of such a department of State, and the ferment in that city would have ceased long ere police and military forces were called into requisition. The rights of the working classes cannot be denied and withheld, and their wants ignored, for any length of time; for what they demand in justice they surely will receive, not as an act of justice to a class, but as an act of necessity for the nation's integrity; as an act tending to elevate the material, mental, moral, and physical condition of the people. THE CHAIRMAN. The question is on the motion that the committee rise, report back the matter to the Convention, and recommend that it be indefinitely postponed. Division being called, the vote stood-ayes, 40; noes, 29; no quorum voting. The question was put again, resulting in a vote of 43 ayes to 33 noes-no quorum voting. MR. MURPHY. Mr. Chairman: I move that the committee rise. MR. MCFARLAND. now adjourn. Carried. IN CONVENTION. ADJOURNMENT. Fawcett, Hale, Miller, Mills, Nelson, Noel, O'Donnell, Overton, Porter, Pulliam, LEAVE OF ABSENCE. Shoemaker, Vacquerel, Van Dyke, Van Voorhies, Walker, of Marin, Wilson, of 1st District, Mr. President. MR. LARKIN. There are some ten or twelve more members in town. There will be from eighty-five to ninety-five members here, and I object to taking any recess. MR. MCFARLAND. There is nothing to do except to commence upon the final action by the Convention upon the reports, and then if fair to act upon these questions with a bare quorum. we should manage to keep a quorum here until noon, it will hardly be At one o'clock we will have a large body. MR. BROWN. Mr. President: The members are slowly coming in, and if we get in the habit, Monday morning, of leaving off business, members that are somewhat negligent will grow more so. I am under 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. President: I move that the Convention think it would be very improper to adjourn at this time. And at three o'clock P. M. the Convention stood adjourned until Monday morning at nine o'clock and thirty minutes. ONE HUNDRED AND TWENTY-SECOND DAY. SACRAMENTO, Monday, January 27th, 1879. The Convention met in regular session at nine o'clock and thirty min-San utes A. M. 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 pro rights in Convention. tem. MR. AYERS. I second the motion. MR. O'SULLIVAN. Mr. President: I move that the Convention resolve itself into Committee of the Whole, Mr. McCallum in the chair, for the purpose of further considering the section relating to labor and capital. MR. WHITE. I withdraw my motion. THE CHAIR. The question is on the motion of the gentleman from McCallum, McFarland, Moreland, Murphy, Nason, Howard, of Mariposa, Neunaber, Heiskell, Herold, Herrington, Hilborn, Burt, Holmes, Chapman, Charles, Huestis, Ohleyer, Prouty, Reddy, Rhodes, Smith, of Santa Clara, IN COMMITTEE OF THE WHOLE. 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. THE CHAIRMAN. No motion would be in order except for the committee to rise, because there was no quorum present. MR. ROLFE. I make that motion now. I wish to sayTHE CHAIRMAN. The question is not debatable except by unanimous consent. [Cries of " Object."] THE CHAIRMAN. The question is on the motion that the committee 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. THE CHAIRMAN. The Secretary will count the committee. |