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LAND AND HOMESTEAD EXEMPTION.
LEAVE OF ABSENCE.
difference how unanimously we might be agreed upon it; no matter Leave of absence for one day was granted Mr. Schell.
though it was sections of the old Constitution, about which there is no Two days' leave of absence was granted Messrs. Laine and MeComas. question, the ayes and noes, under that proviso, would have to be taken Three days' leave of absence was granted Messrs. Johnson and Winans. upon every section. And in those cases where there are different questions Indefinite leave of absence was granted Messrs. Graves and Overton. involved, as is frequently the case, the ayes and noes would have to be
taken upon the different propositions. We find that in our Constitution,
as it is, there are one hundred and fifty-three sections. We have to pass Mr. WYATT. Mr. President: I move that the reading of the Journal upon each section, whether we amend it or not. We have to pass upon be dispensed with, and the same approved.
it as a part of the proposed new Constitution. I could not, if the time perSo ordered.
mitted me, say how many sections there would be in this new ConstituMEMORIAL TO CONGRESS.
tion. It is safe to say it is double the number, which would be three hunMR. AYERS presented the following resolution:
dred and six. Besides we have several articles in addition to what we
had before. We have, in fact, thirty committees, and each committee Resolved, That a special committee of three be appointed by the President to draw up a memorial to Congress, protesting against the further issuance of scrip which can reports something. I suppose that is upon the idea that if they did not be located on vacant Government lands, whether surveyed or unsurveyed.
report something it would be thought they had not done their duty: MR. AYERS. Mr. President: I offer this resolution so that this Con- and that makes the instrument more voluininous than it would othervention may be enabled to protest against the practice which has grown wise have been. Estimate only ten sections to a committee, and it up in this Government of issuing preferred scrip on public lands, whether would make three hundred sections. We have a report of the Commitsurveyed or unsurveyed. This practice has resulted not only in great tee on Corporations other than Municipal which contains some twentyinjury to the honest settlers, but it has caused great wrongs in regard to six sections, which is entirely different from the old Constitution, being titles that already seemed to have been settled. Take the Valentine in a separate article; another report on revenue, which is entirely a sepscrip for instance. That scrip has been held by parties and laid in wait arate article; and in a number of articles which I have had an opporto find a flaw in some title to land located in one of the populous and tunity to examine I find that the sections are considerably increased. wealthy centers, and whenever a flaw has been found, this scrip has I understand that it takes twenty minutes to call the roll
, or it will pounced upon it and taken it. I find, Mr. President, a dispatch in one average twenty minutes. There would be three hundred roll calls; of our public papers relative to this matter, showing that we are about that is six thousand minutes; how many hours is that? One hundred to have a new avalanche of this serip, which will go in and precede the hours. That would be twenty days at five hours each day. It would settler, take away the choice lands, and do great public injury:
actually take twenty days time to call the roll, and do nothing else. “Washington, January 21.- The House Committee on Public Lands Under the rule five members can call for the ayes and noes, and where to day agreed to recommend the passage of Luttrell's bill providing for there is no material difference of opinion it is not necessary to call the the issuance of scrip to owners of the Oregon wagon road grant of July roll on every section. This is only to avoid the inflexible rule, that it third, eighteen hundred and forty-four, for the number of acres equal must be called anyhow, I think it will be passed by a unanimous vote, to the quantity of
lands within the limits of said grant, subsequently if there is a correct understanding of it. embraced in the Klamath Indian Reservation. The proposed scrip is
MR. WHITE. Would this disturb the right of five members to call to be locatable on any unoccupied and unappropriated public lands, not for the ayes and noes? mineral, whether surveyed or unsurveyed. It could be used apparently
MR. MCCALLUM. No sir. Five members may call for the ayes and just like the Valentine scrip, and the amount called for by the terms of noes any how.
MR. BEERSTECHER. Mr. President: I believe, sir, that if that be the bill, though not stated, is understood to be very large."
Now, sir, I for one protest against this practice of issuing scrip which stricken out, there will be no time gained at all, because there will be may disturb titles, and which may gobble up the land which settlers a sufficient number of members upon this floor who will be anxious to ought to have. It is a practice which is ruining the country, and I hope have the ayes and noes go upon record, and consequently the ages and that the resolution may be adopted, and that a committee will be noes will be called by five members. The Chair will then be under the appointed to investigate this matter and send on a proper protest.
obligation of saying: Is the call for the ayes and noes supported? These MR. WEST. I second the motion.
members must then arise, their names must go upon record upon the The resolution was adopted.
Journal, and the very fact of obliging five members to call for the ayes and noes will consume as much time as the roll will, taken under the
rule. I know that it has been the common practice with certain men MR. BEERSTECHER. Mr. President: I move that nine hundred upon this floor, after the Chair has decided that the vote was in their and sixty copies of the report of the Committee of the Whole upon the favor, to then jump up and ask for a division. I have known men to minority report of the Committee on · Land and Homestead Exemption do it upon this floor more than fifty times. The same thing will happen be printed as a supplement to the report already made.
in relation to a call for the ayes and noes, and the very fact of calling MR. ESTEE. Was not the original minority report printed ? for the ayes and noes will use up more time than if we go on under the MR. BEERSTECHER. Yes.
rule. I am opposed to the change. Mr. ESTEE. Well, then, I do not see why we should print a second MR. DOWLING. Mr. President: I am opposed to amending this edition of the minority report. This Convention has acted upon the rule as proposed by the gentleman from Alameda, but if we have one report in Committee of the Whole. It will be printed and come on the that no one can offer any more than one amendment to each section, I file. Now, as I understand it, the original minority report was printed. think it will facilitate business and meet with the approbation of the
MR. BEERSTECHER. The motion is to print the report of the Com- Convention. mittee of the Whole.'
Mr. WATERS. Mr. President: I move the previous question. MR. HAGER. The motion is all right enough except the number of Seconded by Messrs. White, Swing, Larue, and Martin of Santa Cruz. copies.
The ayes and noes were demanded, on the adoption of the amendMr. O'SULLIVAN. I move that the number be four hundred and ment, by Messrs. Farrell, Bell, Harrison, Nelson, and Smith of San eighty--the usual number.
Francisco. The motion prevailed.
The roll was called, and the amendment rejected by the following
vote, not being two thirds in the affirmative: MR. STEDMAN. Mr. President: I send up a report. THE SECRETARY read :
Howard, of Mariposa, Nason, Mr. PRESIDENT: Your Committee on Labor and Capital have had under consideration Proposition No.517-in relation to the hours of labor-and have directed me to Ayers,
Ohleyer, report the same back to the Convention, with a recommendation that it be not Barton,
· Prouty, adopted.
Reed, to a State Department of Labor and Labor Statistics and being unable to agree
Smith, of Santa Clara,
Smith, of 4th District, MR. BEERSTECHER. Mr. President: I move that the report be Davis,
Steele, placed upon the general file for action by the Committee of the Whole. Dean,
Stevenson, Tur PRESIDENT pro tem. It goes there without a motion.
Dudley, of Solano, Mansfield,
Martin, of Santa Cruz, Sweasey,
Turner, move to amend Rule Twenty-four by striking out the last proviso in that Garvey,
Walker, of Tuolumne, rule, which motion I now make. Rule Twenty-four, under the head of Hager,
Waters, calling the ayes and noes, provides: "On all questions and motions Heiskell,
Webster, whatsoever, the President shall take the sense of the Convention by Hitchcock,
Weller, ayes and noes; provided, five members present shall so require. When Holmes,
Wilson, of Tehama, the ayes and noes are taken no member shall be allowed to vote who Howard, of Los Angeles, Morse,
Wyatt-63. shall have entered the Convention after the calling of the roll is finished. The names of members shall be called in alphabetical order.” I do not propose by my motion to interfere with that rule at all. The Barry,
Glascock, last proviso and the one which I move to strike out is this: “Provided, Beerstecher,
Gorman, further, that on all resolutions and propositions relating to the Constitu- Bell,
Harrison, tion, the final vote shall be taken by ayes and noes."
Herold, motion which would come before the committee. It would make no Burt,
CHANGE OF RULE.
under the Constitution. This section, which is reported in the schedule,
says: Lavigne, Smith, of San Francisco. Vacquerel,
“SEC. 10. In order that future elections in this State shall conform Lewis, Soule, Van Voorhies,
to the requirements of this Constitution, the term of all officers elected Nelson, Stedman, Wellin,
under the same, and whose term of office is four years or over, shall be, Neunaber, Swenson, West,
respectively, one year shorter than the term provided for in this ConstiO'Sullivan, Swing, White--39.
tution, and the term of all officers whose term of office is two years shall
be, respectively, one year longer than the term provided for in this: SCHEDULE.
Constitution, except the members of the Assembly, whose first term of MR. MORELAND. Mr. President: I move that the Convention office shall be one year; and the successors of all such officers shall be resolve itself into Committee of the Whole, the President pro tem. in elected at the last election before the expiration of the terms as in this the chair, for the purpose of further considering the report of the Com- section provided. The first officers chosen after the adoption of this mittee on Schedule.
Constitution shall be elected at the time and in the manner now proThe motion prevailed.
vided by law." IN COMMITTEE OF THE WHOLE.
Mr. MCCALLUM. What provision do you refer to wherein we have
agreed to have the election on the even years ? THE CHAIRMAN. The Secretary will read the substitute for section MR. MORELAND. I do not believe that we have established it in ten, offered by Mr. Moreland.
the Constitution itself, but it seems to be an understanding in the ConTHE SECRÉTARY read :
vention. “ Substitute for section ten: 'In order that future elections in this Mr. MCCALLUM. The discussion is going to be whether it shall be State shall conform to the requirements of this Constitution, the terms on even or odd years. There are two sides to that question. Read the of all officers elected at the first election under the same, shall be respect- section in the legislative article. ively one year shorter than the terms as in this Constitution provided, MR. MORELAND. I do not know that it is yet settled. It has not and the successors of all such officers shall be elected at the last election yet been settled in the Constitution that the election shall be transferred before the expiration of the terms as in this section provided. The first to the even years. But it has been my understanding all the time that officers chosen after the adoption of this Constitution shall be elected at they would be. the time and in the manner now provided by law.'”
MR. STEDMAN. Does not the report transfer the elections to the
even years after the first election just as well as the amendment? Both REMARKS OF MR. BEERSTECHER.
the report and the amendment transfer the election to the even years. MR. BEERSTECHER. Mr. Chairman: I am opposed to the amend- MR. MORELAND. Yes; I think it is generally understood. This ment offered by Mr. Moreland, and I am in favor of the report of the section endeavors to conform to the Constitution, to that requirement. Of Committee on Schedule as the same stands in section ten. If the sub-course, if the Constitution decides otherwise, there will be no necessity stitute of Mr. Moreland were adopted, the consequence of its adoption for this section; but I am arguing on that hypothesis. This section is would be that we would have a general election in September of this defective in several respects. First, it says that the terms of all officers year, and that we would have another general election for all State, elected under the Constitution. does not say whether they are the county, and municipal officers next year. In other words, we would first officers elected or not. have two general elections within one year's time. And if the substi- MR. SWENSON. Are you not aware that that is a clerical error in tute of Mr. Moreland were adopted, with the Constitution as the same the report? I have already introduced an amendment to rectify that. now stands, allowing two Boards of Supervisors in the City and County MR. MORELAND. I did not draw up this section, and am not of San Francisco, or a legislative body with two departments in that responsible for any of its defects. The section that I have introduced city, one of these departments would only be in power and in operation provides that the terms of all officers elected at the first election under about four months before they would be out of office under the provis- the new Constitution shall be respectively, one year shorter than the ions of the Moreland substitute. Now, every member upon this floor terms fixed in the Constitution. Now, Mr. Beerstecher seems to go knows that if this Constitution that we are framing be adopted, in order upon the hypothesis that we are to have no clection next year, but I to give the people of this state the benefit of its provisions, it will be would say that we are. The section excepts members of the Assembly, necessary that legislation be had upon the subject. “It will be necessary and says that their terms shall be but one year, consequently we will that force and efficacy be given to the several sections by legislative have to have an election next year for members of the Assembly, enactments. The Legislature cannot sit at all until next January, and Under this section, as reported by the committee, the Senators elected the laws that that Legislature passes cannot go into force until some for the short term would serve two terms in the Legislature, and those time in May, June, or July of next year, and yet the Moreland amend- elected for the long term would serve three terms in the Legislature. I mnent proposes to wipe out all elected officers next year, virtually allow do not think the Convention want to provide that the Senators shall ing them to act under the new Constitution only about six months. If serve so many terms. The section I have introduced provides for cutwe desire to adopt anything of this character it would be less expensive ting off the terms of all officers, without making any distinction, one for us simply to say that there shall be no such election this Fall, but year. That is, the Judges of the Supreme Court would serve nine years that every person occupying official position in this state shall continue instead of ten. The State officers would serve three years instead of in office until a year from now.
four, and county oflicers one year instead of two. The object is to Mr. MCFARLAND. Do you recollect whether or not we have estab- bring the elections upon even years. I think the section I have introlished a day for the general election anywhere in this Constitution? duced is more perfect than the other, and ought to be adopted.
MR. WYATT. The day of the Presidential election.
Mr. MCCALLUM. There is its effect. It is assumed by the Committee on Schedule that we did change the time to the even years. We
MR. HERRINGTON. Mr. Chairman: I desire to present an amendhave not done that. This report assumes that, but that is not correct, ment. I propose to strike out lines one and two, down to and including It has not been done by any article yet. We have not changed the year, the word same,” in line three, and insert the term of all officers but we have fixed the day in the year when the election will take place elected at the first election under this Constitution.” I will say, in con
MR. BEERSTECHER. Mr. Chairman : Section ten, as reported by a nection with the amendment offered by Mr. Moreland, that I think tho majority of the committee, provides that those persons elected to positions section as originally reported had better remain, so far as the substance under the new Constitution shall continue in office until the next Presi- is concerned. I am in favor of the report just as it stands, with the dential election; that is, those who are elected for two years shall con- exception of the preamble, which I think is wholly unnecessary. There tinue in office three years and those elected for four years will hold but is no necessity of a preamble where it is unnecessary to carry out the three years. That will bring the next election succeeding the election objects and purposes of the section. I think the amendment as proposed which takes place this Fall with the Presidential election of eighteen by Mr. Moreland ought to be rejected, and that the report of the comhundred and eighty-four, and will make matters all right and smooth. mittee as it stands, so far as the substance is concerned, ought to be There will be no trouble about it. The government, under the new adopted. constitutional machinery, will be established and in perfect working order. This other way, we put into office a set of men who will have MR. JOYCE. Mr. Chairman: As a member of the Committee on barely been in office before they are to be out of office, or at least before Schedule, I want to say that this same proposition was introduced in it becomes necessary to have another general election. I cannot see the the Committee on Schedule. We disapproved of it, sir, for what we object in electing men for six months. I cannot see the object of oblig- considered very good reasons. According to some of the work already ing people to go to the polls twice within one year. I believe that the performed by this Convention, County Boards of Supervisors will have amendment offered by Mr. Moreland is undesirable, and that the report more power than they ever had before, to legislate our county matters. of the committee is a desirable report.
Now, sir, this Constitution is undergoing serious changes, and being that MR. WHITE. Under this report all members of the Assembly have these gentlemen would have more to take into consideration, in the few to be elected
months that they would have to remain in office, than they ever had MR. BEERSTECHER. I am speaking of the amendment as affecting before, we thought that the best thing that could be done to give these the whole State, not particularly Assembly men. I believe that the gentlemen an opportunity of legislating for the best interests of their report of the committee is a good and proper one, and the one usually counties and constituents, would be to transfer the shorter terms for one adopted in Constitutions.
year, and give a longer term one year, so that we would agree in bring
ing the elections on the even years. That would meet the Congressional REMARKS OF MR. MORELAND.
matter in a better shape than what it is in at the present time. But, MR. MORELAND. Mr. Chairman: The elections in this State have sir, to carry out the amendment as he has it now, men will just about heretofore been and are now in odd years. The plan of the Constitution begin to organize for the purpose of making local laws, when a new that has been adopted so far, is to transfer the elections from the odd election is called. My friend, Mr. Moreland, went in considerable on years to the even years, and it therefore becomes necessary to make economy, but if his amendment is adopted, it will cost the State fifteen some provision in this Constitution whereby these elections may be hundred dollars for every election that is held, and that might go to transferred from the odd to the even years. To do that it is necessary pay the back pay of the members of this Convention. So much saved to either to shorten or to lengthen the terms of the first officers elected the State. Sir, i hope, for the better interests of the State and the peo
REMARKS OF MR. HERRINGTON.
REMARKS OF MR. JOYCE.
REMARKS OF MR. HAGER.
REMARKS OF MR. MCCALLUM.
ple at large, that the report from the committee will be adopted by the and seventy-nine, those who would hold office for four years, so as to Convention.
bring the election again in eighteen hundred and eighty-two. Then the
Presidential electiori would come in eighteen hundred and eighty-four, MR. HAGER. Mr. Chairman : I suppose we all understand what and the regular State election in eighteen hundred and eighty-six, and the object of this section is, and what the object of the amendment is. so on. I look upon this section as a very important one; one that If the new Constitution should go into force, the elections would come involves a very important interest of the State. “I think we should be on a different year from what they have been heretofore. Therefore, to very careful to regulate our elections so as to come on even years. 'inaugurate the new system it is necessary to change the terms; either Mr. WHITE. The section reported by the committee I see no objecto shorten them or lengthen them. The question is, whether we should tion to if the word “Legislature" was put in place of the word “ Assemshorten the terms, or lengthen the terms. Now, if there are any per
bly." " Assembly”
only takes the lower house. sons here who are ambitious or desirous of obtaining office under the
Mr. MORELAND. My amendment says the first term of the Constitution, the policy would be to prolong the term one year; but if officerswe are indisposed to accept office, I think the better plan would be to MR. WHITE. I would say “except the members of the Legislature.” shorten the terms. But without regarding any person's ambition, what
MR. ESTEE. Will my friend permit me to make a suggestion. The ought we to do? What would be the best policy in inaugurating the original section now says: “In order that future elections in this State Constitution under the new system? As I understand the last amend - shall conform to the requirements of this ('onstitution, the term of all ment, it is intended to shorten a two years' term to one year, and a four officers elected under the
same, and whose term of office is four years or years' term to three years, so that the officers elected at the first election over, shall be, respectively, one year shorter than the term provided for for two years will hold for one year, and those elected for four years in this Constitution, and the term of all officers whose term of office is would hold three years. Now, next Fall we have an election; the two years shall be, respectively, one year longer than the term provided Fall after that we will have another election, and the regular elections for in this Constitution, except the members of the Assembly, whose under the Constitution will come on the even years. The elections first term of office shall be one year.” Now, the result is that the term - under the old Constitution come on the odd years. By the old Consti- will always be three years unless that is amended. tution we have an election next Fall, and by the new Constitution we MR. WHITE. I supposed it was provided in the legislative article have another the year after. We will have an election at the time of that we have adopted that the term should be four years, and that this the Presidential election. I think myself that if this Constitution is merely provided for the first term. That should be amended, of course, adopted by the people, we ought to have a Legislature meet next Winter, in that respect. and a Legislature meet the following Winter, in order to inaugurate the new system. We will then have two succeeding Legislatures, one fol
Mr. MCCALLUM. Mr. Chairman: This discussion is assuming a lowing the other for two years, and then after that it will be biennial. As far as I have thought of the matter, it seems to me that in all prob- proposition to have been agreed upon by this Convention, which has not ability in inaugurating the new system under the new Constitution it yet been met and determined. I trust gentlemen will not vote upon a may be desirable to have a Legislature next Winter and a Legislature long term or a short term, until we meet the question squarely and the following Winter, although I do not know that it is absolutely neces
determine whether we are going to change the elections from the odd sary; but perhaps, as we have to have an election, and have to inaugu- such change. On the contrary, the Constitution upon which we have
to the even years. I say that the legislative committee has made no one succeeding the other, as the years succeed each other, in order to acted contemplates State elections on the odd years, the same as it has better inaugurate the new system under the new Constitution. Those been heretofore. If this stands as reported by the legislative committee, who are elected for a four years' term will hold three years, and those then this whole section ten of the Committee on Schedule is entirely elected for a two years' term will hold one year. The other proposition be voted down. It will stand then exactly as it was before. Now, sir,
unnecessary. It ought to be struck out, and the amendment ought to is, that those who are elected for two years should hold for three years. the error into which gentlemen have been led, who were not connected I do not think that is desirable. I do not think that we ought to pro- with that committee and familiar with its transactions, is the fact that long a term. I am inclined to favor the amendment which is offered by the election should be held in November, because Presidential elections the Chairman of the committee, to reduce the two years' term to one, have been held in November, and it has been assumed that therefore and the four years' term to three.
Mr. JOYCE. Did you not go in for long terms all through this con- State elections were to be held on the even years. The committee did vention?
not see proper to take any further action upon the subject that is MR. HAGER. No; I am a short term man. I should vote for a
reported in this section three, which is the only thing on the subject. short term. I am not in favor of a twelve-year term for Judges. I
* The members of the Assembly shall be chosen biennially, by the would prefer to have it six. I prefer always a short term, and if you the first Monday in November, and their term of office shall be two
qualified electors of their respective districts, on the first Tuesday after am in favor always of short terms where they are elected by the people. years."
That is the anendment which I proposed, having introduced it, not
to bring the elections on the even years, but simply to have a uniformMr. ESTEE. Mr. Chairman, Gentlemen of the Committee: As I shall be held that time of year, and so we changed from December to
ity, inasmuch as the Act of Congress requires that national elections understand it, there is only one question involved in this amendment, January as to the time of the meeting of the Legislature ; it was thought and that question has been stated by the gentleman from San Francisco; to be just as good a time. Whether that amendment is a good one or Judge Hager. The question is, Shall we increase the term of the local not is of course not proper for me to say. I do not think it is of very officers to three years after the first election, or shall we fix it at one year much consequence-the change from September to November. The after the first election under this new Constitution ? It is a question of policy only. So far as I am concerned, I believe that it will redound to another thing, and in order to get a vote-I suppose it is in order—I
question is will we change from the odd to the even years? That is the best interest of the State, and it will have an effect upon the adoption of this Constitution, if it is thought worthy of adoption, which I believe move to strike out section ten of the report of the committee, simply to it will be, to shorten the first term instead of lengthening it. I do not present that idea. There is only one real objection to this
. That is, think that we ought to provide in this Constitution that the local officers four years, in which we have no other election—when no other officers
that by going on as heretofore we will have a Presidential election every of the City of San Francisco should hold for three years. The long terms have been tried, and it has been the universal opinion, so far as I will be the expense of an election under this proposition, which might
are elected except Presidential electors and Congressmen. Now, there have been able to observe, that in that city short terms for local officers be saved if we would change this system. I submit that the saving is is the true policy. As Judge Hager has well said, if a person proves by not worth the change. the exercise of his office, during a short term, that he is capable and honest, he will be reëlected. That has been the rule in San Francisco, ture successively, in order to meet this difficulty. If we elect members
It has been said here, that we must have two sessions of the Legislaregardless of party influence. I am in favor of short terms for local of the Legislature this year, and then elect them again in eighteen hunofficers. My friends who are candidates for office may think otherwise. dred and eighty-two, under the proposed change we would have no sesThe idea of electing men for two years, and lengthening their terms to session of the Legislature for three years—the next session in eighteen three years, I think will not meet with the approval of the people of hundred and eighty, and the following session in eighteen hundred and that city. I hope that the amendment as proposed by the gentleman eighty-three. Therefore there would be a necessity to have succeeding from Sonoma, Mr. Moreland, will be adopted for that reason. I think sessions of the Legislature, and, sir, the cost of this extra session of the it will be a wise provision, and I indorse what Judge Hager said in Legislature amounts to more than the costs of an election for President. regard to it.
Now, we have had this system heretofore, and I say it works well. My REMARKS OF MR. WELLER.
judgment is, that too much consequence is given to national politics, MR. WELLER. Mr. Chairman: I look upon this section as one of and too little to State politics. It is often of more consequence to the the most vital that we shall adopt, from the very fact that the frequency people who is elected Supervisor of a district, than who is elected Presiof our elections have been a great burden. If we elect for three years, dent of the l'nited States. I have been about as strong a partisan as commencing at the present time, we will have another election in most gentlemen on the floor, but my experience in the matter has coneighteen hundred and eighty-two-a gubernatorial election for the vinced me that more attention to the local offices—and this is particuState. The Presidential election comes in eighteen hundred and eighty, larly true where the issues between national parties can scarcely be and every two years we will have an important election-a guberna- defined. I would like to see more consequence given to State politics, torial once in four years and a Presidential election once in four years, and less to national politics. I think we had better keep it as it is. and that will draw out the general vote of the State each election. I do There are so many difficulties about having two sessions of the Legisnot see the objection to having our officers remain in office under this lature in succession, which would be involved in this idea reported by Constitution, even if it is new, for three years. Those that hold office the Committee on Schedule. I present this motion to strike out this for four years would be elected again in eighteen hundred and eighty- whole section. As to whether the terms of officers should be extended, two, and bring the elections on even years, and then alternately the I would be in favor of shortening them rather than extending them gubernatorial election and the Presidential election. I favor this section but I am discussing the main question, as to whether we should change that would elect the State officers for three years from eighteen hundred lour system or not.
REMARKS OF MR. ESTEE.
REMARKS OF MB, BARRY.
MR. MORELAND. I hope that this motion to strike out will not governed by this amendment at all. County officers are utterly unafprevail.
fected by it, for they are not elected for terms fixed in the Constitution. THE CHAIRMAN. The motion is not in order, and will not be It simply declares that they shall exist. But their terms are not fixed entertained until the other motions are disposed of.
in the old Constitution, and I am not aware tbat they are fixed in this. MR. AYERS. Mr. Chairman: I hope that the amendments now MR. MORELAND. This last clause says that: “ The first officers before the committee will be voted down, and that the motion to strike chosen after the adoption of this Constitution shall be elected at the time out will prevail. I do not see any necessity for changing the time for and in the manner now provided by law." holding the general elections in this state, and I say that the argument MR. SHAFTER. They are elected under the statute, and not under is strong and forcible that the general elections should be kept as they the Constitution. It only applies to the constitutional terms. are now, apart from the national or Presidential elections. Under this MR. AYERS. Would a motion be in order to pass this section until Constitution we have created a very great many important offices which after we consider the article on legislative department in Convention ? it will be more important for the people of this state to fill judiciously, I think it would be well. than it will be whether this man or that man is elected President of the Mr. MCCALLUM. Mr. Chairman: I desire to ask, whether the United States. It will be proper to keep our elections apart from the chair will entertain my motion to strike out, if this amendment should general elections of the Federal Government, and I hope that the be adopted. amendment will be voted down, and that we will agree to the motion THE CHAIRMAN. Yes. The question is on the amendment offered of the gentleman from Alameda to strike out the section and leave it as by the gentleman from San Francisco, Mr. Swenson, to insert the word it is.
first," between the word "the" and the word "term," as it occurs the MR. BEERSTECHER. Mr. Chairman: I am in favor of the motion last time in line four. to be offered by the gentleman from Alameda, Mr. McCallum. I think The amendment was adopted. the section ought to be stricken out
MR. WEST. The last clause of this amendment says, that“ the first Mr. HAGER. If that motion is not before the House then you have officers chosen after the adoption of this Constitution, shall be elected at spoken once on the subject pending.
the time and in the manner now provided by law.” The statute, at MR. BEERSTECHER. I desire merely to say if the section is present, provides for the election of members of the Assembly, in Sepstricken out to the word " the," in the ninth line, it will be sufficient. tember. They would hold office for one year under this provision.
The point I wish information upon, is this: Do the committee expect to
provide for the first two sessions of the Legislature, under the new ConMR. BARRY. Mr. Chairman: I hope the amendment to section ten stitution, to be annual instead of biennial ? will be voted down, and the motion to strike out, offered by Mr. McCal- Mr. MCCALLUM. That would be the effect. I now make my lum, will prevail. Section three of the report of the Committee on motion to strike out section ten. Legislative Department, which Mr. McCallum referred to, expressly says, MR. SHAFTER. I move to strike out the word “shorter,” and insert that the members of the Assembly shall be chosen biennially, and their the word " longer.” term of office shall be two years. Now, we have agreed upon that in Mr. HAGER. This is out of order. It is going back to the original committee, and section ten is in direct conflict with section three of the proposition. This proposition is to amend. legislative article, by providing that the terms of the members of the Mr. MCCALLUM. My motion is not in the nature of an amendment. Assembly shall be but for one year. I do not think that we ought to My motion is simply to strike out. undo what we have already done, especially, as this is better as it now The CHAIRMAN. I entertain the motion, but all these motions stands. I have heard no objections with regard to the members of the precede a motion to strike out. Assembly holding for two years; and as I have claimed before, on this MR. WELLER. Mr. Chairman: The word “longer" will bring the floor, upon questions of this character, where there is no change gubernatorial and Presidential election both in the same year, and Mr. demanded by the people, I believe that we, acting in the interests of the Moreland's amendment will bring the gubernatorial election in eighteen people, should not favor a change where there appears to be no change hundred and eighty-two. We do not want a Presidential election to demanded, and no change necessary. If there is any one thing that is interfere with our important State elections. We want an important elecmore essential than another in official duties it is experience in office. tion every two years. The consequence will be, under Mr. Moreland's The experience that a man has in public offices makes him qualified to substitute, that we will have our elections, Presidential and gubernatorial, perform his duties. I think that it section ten is stricken out and this alternately every two years. report of the Committee on Legislative Department, section three, is Mr. KĖYES.' Mr. Chairman: It appears to me that this Convention agreed upon when we come into Convention, that then the ends will be does not understand the proposition. I think for my part, that it is subserved which the Committee on Schedule desire to have subserved decidedly perferable to have the elections on the even years, and that is by their report on section ten.
the proposition in the Moreland amendment. The people do object to baving so many elections. It has been a cause of complaint in my part
of the country, that we have too many elections. Mr. McFARLAND. Mr. Chairman : It seems to me that you do not all understand this section alike. Now, the gentleman from Los
REMARKS OF MR. LARKIN. Angeles says, that he is opposed to State elections coming on the same MR. LARKIN. Mr. Chairman : This matter is a matter that would day with the Presidential election. Now, I understand that by this properly have corne before the Committee on Privileges and Electious, section we elect all our States officers on a year other than that in which but as the Committee on Legislative Department saw fit to report upon the Presidential election is held. For instance, the next Presidential this matter in relation to the election of Senators and Representatives, I election is in eighteen hundred and eighty. We elect our Governor have seen fit to allow this discussion without calling a meeting of that and State officers in eighteen hundred and eighty-two. We elect a committee for this purpose. I am certainly opposed to extending the President again in eighteen hundred and eighty-four, and State officers time of any officer beyond the time provided in the Constitution. I again in eighteen hundred and eighty-six. The only election that we believe that the true policy would be to elect the State officers this Fall would have at the time of the Presidential election would be some local for three years, and then again in eighteen hundred and eighty-twó. It officers and members of the Legislature. We certainly could stand would bring our county elections on the even years. It will obviate the that. It does seem to me that every two years is often enough to have necessity of a special Act of Congress every two years for the election of an election. Now, if this amendment of Mr. Moreland is adopted, we our Congressmen. A special
Act was passed because we did not want to would have an election every two years, and that is enough.
hold an election last year. To extend the time will throw the gubernaMR. AYERS. Wouldn't it bring the election for State officers and torial election with the Presidential election, which I think should be Presidential Electors on the same year?
defeated. Me. MCFARLAND. The State officers would be elected in eighteen Mr. CROSS. My opinion is that the people did want an election this hundred and eighty-two, and the President in eighteen hundred and last year. eighty-four. County officers would be elected both in eighteen hundred MR. LARKIN. speak of the Legislature as representing the people. and eighty-two and eighteen hundred and eighty-four. One election in Now if you adopt the Moreland amendment, you will bring the State two years would be enough. They would both be important elections, election in eighteen hundred and eighty-two, in eighteen hundred and and would both bring out the full vote.
eighty-six, and so on between the presidential elections on even years. MR. AYERS. Then I understand the gentleman to go on the idea It will bring your county elections on even years, and I think it would that the State officers shall be elected in eighteen hundred and eighty- suit better. To extend the term of the Governor and State officers, I do two instead of eighteen hundred and eighty. That is not the question not approve.of. The officers elected next Fall will be elected for three before this Convention.
years. The officers elected for county officers would be elected for one Mr. McFARLAND. Under this section our State election will come year, so as to make it come on the even year. We can elect county in this year, in eighteen hundred and eighty-two, and again in eighteen officers in eighteen hundred and eighty, at the time of the presidential hundred and eighty-six, and never touch the Presidential election—that election. We would elect again in eighteen hundred and eighty-two, so is, if the section, as it stands, is adopted.
it brings your elections uniform on even years. It avoids election MR. AYERS. But suppose the amendment is adopted.
expenses and the complaints that Mr. Keyes alluded to. The people MR. MORELAND. It would come just the same under the amend-demand that we should retrench upon this matter, and should provide ment.
for elections so that all officers should be elected every two years, and Mr. MCFARLAND. I think that is right. It will give an election that the city, county, and township elections should conform to the every two years.
general elections. It costs as much to elect county officers as State MR. SHAFTER. Mr. Chairman: The terms of the State officers, Officers. All elections should be so that they can be held on even years. including judicial and legislative offices, are fixed in the Constitution, that will correspond with the provision offered by Mr. Moreland. and it is probable that this motion has reference to some other class of MR. McFARLAND. Mr. Chairman: I merely wish to call the attenofficers. I would inquire what officers they are, that are elected for two tion of the Committee to the fact that if the amendment offered by Mr. years under this Constitution?
Moreland is not adopted, we will have an election every year. If you MR. MCCALLUM. Members of the Assembly and county officers. do not adopt this section, you will have State elections every odd year,
MR. SHAFTER. County officers are constitutional officers, but their and National elections every even year. We have had one or two terms of office are not fixed in the Constitution at all, and will not be special laws of Congress, and such was the dissatisfaction that they are
REMARKS OF MR. MCFARLAND.
REMARKS OF MR. MCCALLUM.
going to compel the Congressional elections to be uniform throughout been so ruled twenty times by the President during the session of this the United States; and they will come on the even year preceding the Convention. If a substitute is adopted we must pass to the next section. Presidential election. Then without this section we will have an elec- A motion to strike out a part of it and insert is not the adoption of the tion every year. It seems to me that it is a foolish expenditure of proposition itself. Here there has been a distinct vote to adopt it. money. If you go on with the present system, you are bound to have MR. HAGER. Mr. Chairman: I refer to Rule Thirty-two: "A suban election every year, whereas, if you adopt the amendment, you will stitute shall be deemed an amendment, and be treated, in all respects, only have an election every two years.
as such.". Now, according to the parliamentary rule, as I understand MR. WHITE. Mr. Chairman: I submit to the members of this con- it, there is no such thing as a substitute at all, it is merely an amendvention whether it would not be better to strike this out, and, in con- ment. The name substitute came into use by moving to strike out cernection with the article on legislative department, correct it as we wish. tain words and substitute others. This motion that has prevailed changes The fact is, we do not exactly understand the bearing of it.
only about two words of that old section. The section is the same. A Mr. MCCALLUM. What necessity is there for correcting the legis- practice has grown up here which I have never seen anywhere else. I lative article?
have seen whole sections recopied, with the change of only one or two Mr. WHITE. I say if the majority of the Convention wish to alter words, and offered as a substitute. But this rule says that a substitute it, it appears to me that is the proper time and place to do it. I sug- shall be deemed an amendment and treated, in all respects, as such.” gested that we would strike that out, and get it into a shape that would The proposition offered by the Chairman of the Committee on Schedule do it much better, and make no conflict between the two sections. was nothing more than an amendment. There are a great many gentlemen who do not understand the bearing MR. TERRY. Mr. Chairman: The motion of the gentleman from of the two sections upon each other. When we get into Convention Alameda, as I understand it, was to strike out section ten, as reported we can alter it to suit.
by the committee. Now, that has been stricken out and another adopted. Now, what is there before the House? There is no motion to
strike out the substitute. Mr. MCCALLUM. Mr. Chairman: If the amendment of the gen- Mr. MCCALLUM. My motion was to strike out section ten. tleman from Marin prevails, one year is to be added to the terms of all MR. TERRY. Section ten has been stricken out and other words put offices. For instance, the first terms of the Supreme Court Judges will in its place. be thirteen years, the Governor five years, our Railroad Commissioners, Mr. HAGER. Mr. Chairman: As I understand this thing, it is to all of whom are to be elected for four years, will serve five years. No put this thing back under the old Constitution, and have the elections in opportunity for any change whatever for five years in that case. As to the odd years, instead of the even years. But perhaps we had better be the two propositions, I am in favor of the shorter, if this system is to be cautious. A great many members are in favor of having the elections adopted at all.
as they have been heretofore, so as to get them out of the Presidential MR. AYERS. Would not the amendment of Judge Shafter bring the elections, and of United States politics. Now, that is the question that general State elections and the Presidential elections on the same year? ought to be determined first, by the Convention, whether we should Mr. MCCALLUM. Yes.
have the elections in the odd or even years. It is a very easy matter. MR. AYERS. That is an evil which we should guard against. I regret the previous question was moved so early, because that is an
Mr. MCCALLUM. It would extend the term one year instead of important matter. I am inclined to favor the odd years. There is but shortening it one year. If the amendment should be adopted it would one objection to it, and that is in regard to the congressional elections. not only not be in conformity with the legislative article, but the legis- Our congressional election should have been last year. This is an lative article would have to be amended to conform to it, because all important question to be settled by this Constitution, whether it is disofficers are to be elected at the next general election. We would then posed to have these elections as they were, in the odd year, or, as some have to change that clause which requires them to be elected biennially, think, and as it is proposed to change, to the even year?. If this subso as to be consistent with what we have already done. We have to stitute stands as it is now, we are confined, of course, to the even years vote down this amendment and strike out the section.
by the change, but if we strike it out, it leaves it open to an arrangeMR. WYATT. I believe that we are as well prepared to vote now as ment in the future. I am therefore in favor of striking out, and I am we will be. I move the previous question.
in favor of sustaining the ruling of the Chair. Under the rule we have Seconded by Messrs. Freeman, Howard, of Los Angeles, Ayers, and adopted, this must be considered as an amendment. West.
MR. BEERSTECHER. Mr. Chairman: Mr. McCallum, of Alameda, The main question was ordered.
made a motion to strike out. The Chair at that time decided the motion THE CHAIRMAN. The question is on the adoption of the amend- was not in order. There were two amendments before the House, one ment offered by the gentleman from Marin, Mr. Shafter.
of which was adopted. The amendment offered by Mr. Moreland was The amendment was rejected.
also adopted. Now, the Chair decides that the motion to strike out is Tux CHAIRMAN. The question is on the adoption of the substitute, in order. Unless the ruling of the Chair is sustained, Mr. McCallum's offered by the gentleman from Sonoma, Mr. Moreland.
motion to strike out is totally ignored, and any motion to strike out The substitute was adopted on a division, by a vote of 46 ayes to 40 that may be made in this House must necessarily hereafter be ignored,
MR. TINNIN. Is a motion before the House until it is entertained MR. MCCALLUM. Mr. Chairman: I move to strike out the section. by the Chair?
Mr. TERRY. It has been adopted by the committee and cannot be MR. BEERSTECHER. The Chair decided that the motion was not stricken out. It is not an amendment or a substitute.
in order at that time, but would be in order after the amendments were Mr. MCCALLUM. I asked that specific question, whether a motion disposed of. I shall vote to sustain the ruling of the Chair: to strike out could be entertained, and the Chair answered in the affirma- MR. ESTEE. Mr. Chairman: As I understand it this body has tive. To say that we could not make that motion would be simply to adopted a substitute for section ten. That is, this House was not satisdeprive the Convention of an opportunity to vote upon it at all. The fied with the original section, so it adopted something else different from President of the Convention has uniformly ruled for the last two weeks the original section. It is true that our rules say that that substitute is that this was the last motion to be put.
nothing but an amendment, bnt it is an amendment representing the Mr. HAGER. Mr. Chairman: This is nothing more than an amend final action of this House. Now, the proposed amendment interposed ment. It is adopted as an amendment, and the motion to strike out is by the gentleman from Alameda, is to strike out just what this House perfectly in order, because the substitute is nothing more than an amend- has just adopted, and that is unparliamentary. It cannot be done for
this reason, that there never would be an end to the action of a legislaMr. ESTEE. A motion to strike out without inserting anything is tive body; and the only means of reconsidering the action of a legislaout of order.
tive body is by some member, who voted in the affirmative, giving Mr. TERRY. The action of the committee in inserting these words notice of a motion to reconsider, and having it come up in its regular is binding, and it cannot be stricken out. We have already adopted it, order. Again, let me say, that the ruling is not correct for another reaand we cannot undo what we have done.
son, that the gentleman moves to strike out section ten as originally MR. BLACKMER. There is nothing before the committee.
presented. Section ten has been changed, and the result is as Judge THE CHAIRMAN. There is a motion before the house. The point Terry has stated. I think the house cannot reconsider. It is a well of order is raised that that motion is not in order. In the opinion of the established proposition, that when a legislative body adopts any propoChair it is in order. The Chair will entertain it. The question is upon sition, that proposition must remain as the action of that House, unless the motion of the gentleman from Alameda to strike out the section. the proposition as amended be added to; but the original action cannot MR. SHAFTER. I appeal from the decision of the Chair.
be changed except by adding to. You cannot strike it out. For that Seconded by Messrs. Reed and Blackmer.
reason I shall have to vote to sustain the appeal. THE CHAIRMAN. The Chair has decided that the motion to strike Mr. McFARLAND. Mr. Chairman: It seems to me that the ruling out the section now, after it has been amended by a substitute, is in of the Chair is entirely correct. It does not follow because this body order. From that ruling there is an appeal taken by the gentleman has amended a section that it has expressed its opinion in favor of the from Marin. The question is: Shall the decision of the Chair stand as section. A majority of the committee may be against the whole subjectthe judgment of the Committee?
matter, and it inay be willing to amend it, so as to get it in the best form MR. SHAFTER. Mr. Chairman: The general rule, as I understand it may be got into. Suppose a majority were opposed to section ten; it, is that after a legislative body has adopted a single proposition it can- how are we going to get rid of it? There is only one way, and that is not be overruled nor subverted by any process whatever. The only to strike it out. We do not adopt these sections in Committee of the exception made is in our Rule Twenty-one: “Any member may call for Whole. We simply take up the section, consider it, and amend it. If a division of a question when the sense will admit. A motion to strike the committee does not amend it, we go on. Suppose a majority of the out and insert shall be deemed inadvisable; but a motion to strike out committee are opposed to the whole provision ; what can they do except being lost shall neither preclude amendment nor a motion to strike out to move to strike it out? Will gentlemen say, that because this comand insert.” There has been no motion to strike out that has been lost. mittee has amended this section they cannot strike it out? Suppose a The section has been adopted just as it stands precisely, and it does not majority of the committee, being undetermined how to vote on the whole fall within this rule by any manner of means. If it did then you could proposition, vote to amend it, and after they have looked at the section have moved to amend, but having been adopted upon a distinct motion to as amended, they say: "Well, we are opposed to it anyway, notwithadopt it, I do not see what power this committee has over it. It has standing the amendment. The amendment makes it better, but it