SEC. 21. This enumeration of rights shall not be construed to impair or deny others retained by the people, and shall not be construed to the exercise of powers not granted herein. Referred to the Committee on Preamble and Bill of Rights. RELATIVE TO GRAND JURORS. independent resolutions or propositions relating to the proposed Constitution, which MR. LARUE introduced the following proposed amendment to the introduce these resolutions is limited to the roll call. That the Constitution be so amended that Grand Jurors must be selected of the rule. RELATIVE TO FREIGHTS AND FARES. UNFINISHED BUSINESS. THE PRESIDENT pro tem. The next business in order is unfinished business. MR. STEDMAN. Mr. President: I do not desire to make a speech on the matter of the appeal which now comes up under this head, but I simply desire to state that there was a similar rule adopted in the Ohio Constitutional Convention, and I desire to read that portion of the Ohio Act calling the Convention, which refers to the salary of delegates, and also to read the same portion of this Act, to show the similarity. Section nine of the Act calling the Ohio Constitutional Convention says that the delegates and officers of the Convention shall be entitled to the same compensation and mileage for their services as is allowed by law to members of the general Assembly, to be paid out of the State Treasury, on the warrant of the Controller of State. Now, in the Act calling our Convention, it says the delegates to the Convention shall receive the same per diem and mileage as members of the Legislature. Now, Mr. President, the Ohio Convention adopted a similar rule to the one which was prowas enforced, I believe, during the whole of the session of that Convention-a greater part of it, anyway. Now, you will notice the similarity between the two Acts; and if it was proper to establish such a rule in the Ohio Convention, I submit we have a perfect right to adopt such a rule calling this Convention, as the Acts are very similar. That was the argument of the Chair in deciding the point of order to be well taken, that the Act specified that the delegates to this Convention should receive a certain salary. I took the appeal more on this ground than any other, that in my judgment the Legislature has no right to come into this Convention and say what rules we shall adopt, or what we shall do in this Convention. After we have complied with the first part of the Act, and organized the Convention, it is my judgment that we have a perfect right to establish what rules we please, and I appeal from the decision on these grounds. MR. AYERS introduced the following proposed amendment to the posed by the gentleman from San Francisco. Mr. Reynolds. That rule Constitution, relative to freights and fares: Resolved, That the Committee on Corporations consider the following proposition for insertion in the Constitution: SECTION Whenever a railroad or canal corporation shall, for the purpose of competing with a rival line, lower its rates for transportation of passengers or freight from one point to another, such reduced rates shall not be again raised or increased from such reduced standard. Referred to Committee on Corporations other than Municipal. RELATIVE TO A LABOR BUREAU. MR. BEERSTECHER introduced the following proposed amendment to the Constitution, relative to Bureau of Labor and Labor Statistics: Resolved, That there should be a Bureau of Labor and Labor Statistics established as a department of the State Government. Referred to the Committee on Labor and Capital. RELATIVE TO OFFICIAL BONDS. THE PRESIDENT pro tem. The question is on the appeal. MR. ROLFE. Mr. President: There are certain things that are clearly within the power of the Legislature to prescribe for this Convention, and there are certain other things it cannot. One of the things that is within the power of the Legislature is to fix the pay of members of MR. MCFARLAND introduced the following proposed amendment to this Convention and their mileage. I am not here to say whether it is the Constitution, relative to official bonds: MR. HITCHCOCK introduced the following proposed amendment to the Constitution, relative to agriculture, manufacturing, mining, and irrigation: Resolved, All persons and corporations shall have the right of way across public, private, and corporate lands for the construction of ditches, flumes, and canals for the purpose of conveying water for domestic purposes, for the irrigation or reclamation of lands, and for manufacturing and mining purposes, and for drainage, upon payment of just compensation. Persons owning lands benefited thereby shall bear their just proportion of expenses for drainage or protection against overflow. Referred to Committee on Agriculture, Manufactures, and Commerce. MR. INMAN. Mr. President: The rule presented this morning was to the effect that the roll shall be called each morning, and each member whose name was called had the privilege of introducing one or two resolutions. Now, you can see that men whose names have been called are again introducing propositions. THE PRESIDENT pro tem. The seventh rule in the order of business is the introduction of propositions relating to the Constitution. I do not know what the rule is you refer to. The Secretary will read it again. The SECRETARY reads: Resolved, That on presentation of resolutions and propositions, as provided for in part seven of rule seventeen, the Secretary shall call the list of delegates alphabetically, and each delegate, when his name is called, shall be allowed to present two right or wrong, for the purposes of this appeal. We were elected under the law allowing us ten dollars a day. Now, I say, if by any rule of this Convention we can annul that provision of the law under which we have met, and prescribe our own pay, then I say we can prolong this session for six months, or a year and six months, and vote ourselves twenty dollars a day. The law provides that we shall receive per diem the same as members of the Legislature, except that it makes certain exceptions; that we shall not receive pay for a longer time than three days of adjournment. That is, if we adjourn over for a longer time than three days, we shall not draw pay. Now, if we can adopt and enforce this rule, by a similar rule we can annul the provisions of the statute, and adjourn over for two weeks, and say that we shall receive our pay all the time. As I said, we can prolong our session beyond the prescribed limit fixed by the statute. Now, I propose to stay here and attend to the business of this Convention, and finish up the work in one hundred days, and I do not propose to ask this State to pay me one dollar for anything over the one hundred days, and I have no false modesty, and I have no false modesty which will prevent me from getting up here and demanding all that the State promised to pay me. I shall endeavor to earn the money, and when I do the work I shall demand the pay for it. I shall therefore vote to sustain the ruling of the Chair. If any gentleman has any scruples about taking pay when he is not in actual attendance, he is not compelled to take it. I have no such scruples. I believe it can be safely said that a majority of the delegates will lose money by accepting seats in this Convention at ten dollars a day, and I do not propose to lose any more than the law compels me to. MR. HEUSTIS. Mr. President: I move to indefinitely postpone the appeal. THE PRESIDENT pro tem. The gentleman from Humboldt moves to indefinitely postpone the appeal. The motion prevailed. MR. REYNOLDS. I rise to a point of order. My point of order is that a motion to indefinitely postpone an appeal is not in order, and cannot be made under any circumstances. THE PRESIDENT pro tem. The Chair decides the point not well taken. It may be postponed. NEW RULES. MR. COWDEN offered the following as a new rule, to be numbered rule seventy-five: Rule 75.-All officers and attachés, not yet appointed nor elected, who MR. COWDEN. I think a rule of that kind is necessary now. MR. AYERS. I call for the reading of my resolution. MR. VAN DYKE. I object to resolutions being sent up until the Chair announces that order of business. I ask what is the order of business? Resolved That a Committee on Federal Relations, to be composed of nine members, be added to the standing committees. Referred to the Committee on Rules and Order of Business. Resolved, That there should be appointed a Committee of nine on State Officers, to ascertain and report to this Convention the names of all persons in any manner employed under the present organization of the State government, with the duties required of them, and the time spent each day in the performance of those duties, and the compensation paid to each such officer, deputy, clerk, or employé. Referred to the Committee on Rules and Order of Business. Resolved, That a Special Committee on Irrigation and Surveying be appointed, to consist of nine members. Referred to the Committee on Rules and Order of Business. Ruled out of order, as the committee already consists of fifteen members. MR. LARKIN. I desire to make a motion to suspend the rules for the purpose of naming Mr. Strong as a member of the Committee on Water Rights. He resides in that portion of the State where those things should be represented. I hope the Convention will consent to have him there. THE PRESIDENT pro tem. It requires a motion that he be added. MR. LARKIN. I move that he be added to the Committee on Water and Water Rights. The motion prevailed, and Mr. Strong was added to the committee. MR. FREUD. Mr. President: If the Convention please, I would like to bring before its consideration a matter I consider germane to that now before the house. Mr. Finney was appointed as a member of the Committee on Chinese Immigration. I was appointed a member of the Committee on Agriculture. I don't know much about agriculture, and Mr. Finney tells me he don't know much about Chinese. Now it would be mutually agreeable to us, and with the consent of the house, we would like to change positions. Leave was granted. MR. O'DONNELL. Mr. President: I move that the Committee on Chinese be increased from fifteen to twenty-one. Put Mr. O'Donnell on the committee and he will MR. WICKES. Resolved, That the Committee on Lands and Homestead Exemption be increased make the other six. from nine to fifteen members. MR. O'SULLIVAN. I think this committee is one of great importance, and I think there should be a large number on such committee. Referred to the Committee on Rules and Order of Business. MR. GRACE offered the following: Resolved, That this Convention do now proceed to apportion the seats in this chamber among the delegates by lot. Ruled out of order. MR. SHOEMAKER offered the following: MR. MURPHY. I move that Mr. O'Donnell be added to the committee. MR. FILCHER. Mr. President: I would like to make a motion that the rules be suspended, and that J. P. Wickes be added to the Committee on Education. MR. MURPHY. I have the floor, I believe. MR. CAMPBELL. I hope we shall proceed no farther in this matter, if we do we shall get into confusion. The committees will be so changed that there will be no way of getting out of it. The printers will not be able to ascertain who are members of committees. We have too many Resolved, That in printing matters introduced into the Convention required to committees now. They are too large, and I hope we shall stop this busibe printed, the Superintendent of State Printing shall use for the present the origi-ness of adding to the committees. nal papers introduced here. MR. EDGERTON. I rise to a point of order. We have not reached that order of business. THE PRESIDENT pro tem. The point is well taken. The resolution is out of order. The next order is the special order. INCREASING COMMITTEES. MR. HAGER. Mr. President: I believe the Standing Rules are now before the house. I want to make a motion in reference to the rules. I desire to make a motion as to the Committee on Apportionment and Representation. San Francisco is not represented on that committee. San Francisco composes about one third of the State, and should be rep; resented on that committee. I move, therefore, that Mr. Barnes and Mr. Reynolds be added to that committee. There is no member from San Francisco on that committee. The motion prevailed, and Messrs. Barnes and Reynolds were added. MR. AYERS. Having done an act of justice to the City of San Francisco, I would now ask that the Convention do an act of justice to the southern end of the State. We have no representation upon the Committee on Corporations. MR. EDGERTON. I rise to a point of order. I would inquire under what head we are now acting? THE PRESIDENT pro tem. Under the head of special orders. MR. EDGERTON. Then the gentleman from Los Angeles, Mr. Ayers, is out of order. It will be in order for him when we arrive at that order of business. MR. AYERS. It was in order for San Francisco, and I think it is in order for Los Angeles. I say that the southern end of the State, as far as I recollect, has no representative upon the Committee on Corporations other than Municipal. That to the people of that end of the State the question of railroad discrimination is one of vital importance. We have over four hundred miles of railroad in that portion of the State, and this committee will have to deal with the subject; and we would like to have that portion of the State represented on the committee; and we ask that General Howard and Mr. West be added to that committee. MR. HALE. I rise to a point of order. One of our rules says the committees shall be appointed by the President of the Convention, and now it is proposed to have the Convention appoint them. MR. AYERS. It was all right in the case of San Francisco. THE PRESIDENT pro tem. The point of order seems to be well taken. MR. AYERS. Mr. President: I answer that point of order in this way. Yesterday we refused to establish the two-third rule in this Convention, and I hold that a majority of the Convention can allow this motion, notwithstanding the rule. MR. WATERS. I move that the rule be temporarily suspended, in order that these two names may be added to the committee. THE PRESIDENT pro tem. It is moved and seconded that the rule be temporarily suspended. MR. ROLFE. The rule simply provides that the President shall appoint the committee, when not otherwise ordered. And this motion is out of order and unnecessary. In THE PRESIDENT pro tem. The number is fixed by the rule. view of this rule itself the Chair sees no objection in the motion being put. The motion prevailed, and Messrs. Howard and West were added to the committee. MR. O'DONNELL. Mr. President: As the Committee on Chinese is a very important committee, I move that it be increased from nine to fifteen members. The motion to add Mr. O'Donnell to the Committee on Chinese prevailed, by a standing vote-ayes, sixty-two, noes, fifty-eight. RESOLUTION. MR. EDGERTON offered the following: Resolved, That as to all resolutions and propositions relating to the Constitution, the titles and names of the authors of the same, and the date of their introduction only, be entered on the Journal. MR. EDGERTON. Mr. President: I send up that resolution, because unless it is adopted it will be necessary to employ a clerical force of fifteen or twenty to write up this Journal. This is the practice in legislative bodies, to enter the names of the authors and titles of bills introduced on the Journal. The resolution was adopted. OFFICIAL REPORTING. MR. MCFARLAND offered the following: WHEREAS, It is of the greatest importance that the notes of the proceedings of this Convention should be taken in full, in order that the same may be published in case the Constitution shall be adopted by the people; therefore, be it Resolved, That one official reporter shall be elected, who shall have power to appoint one assistant, each to receive a per diem of ten dollars. The duties of the official reporter and his assistant shall be to take down in shorthand, verbatim, all the debates and proceedings of the Convention from beginning to the end. The official reporter shall be required to give a good and sufficient bond in the sum of ten thousand dollars, that he will, upon the order of this Convention, at any time, or upon the order of the Legislature, or upon the request of any member of this Convention, write out in full or in part, as may be directed, the debates and proceedings of the Convention, at a cost not to exceed twenty cents per folio for transcribing. It is MR. MCFARLAND. Mr. President: I offer this resolution, sir, because I am satisfied this Convention is still in doubt as to whether we should have an official reporter of the proceedings of this body or not. necessary to determine now whether we shall entirely ignore any attempt to perpetuate the proceedings of this Convention. Now, this proposition looks to the election of two reporters without any provision for the publication. It will cost but twenty dollars a day. That will preserve in shorthand the proceedings and debates of the Convention, and if it is not deemed best to publish them now we need not do so, but leave that to the Legislature. But if at any time any member desires to have a portion of the notes transcribed, the reporter is compelled to do so. If the Legislature desires to publish them, it can do so, or if the Convention desires to order them written out and published, it can do so. MR. EDGERTON. I rise to a point of order. Under the rules it must go to a committee. MR. HOWARD. I move that it be referred to the Committee on Reporting and Printing. There is no other appropriate committee. MR. SMITH, of Kern. Before that reference is made I wish to send up an amendment and have it read. Resolved, further, That the committee heretofore appointed on Phonographic Reporter is hereby instructed to ascertain on what terms such services can be procured, and report thereon, by resolution or otherwise, as soon as practicable; such report to include the per diem, the amount per folio for transcribing, and cost of indexing, and, if printed, when and on what terms the same can be placed on the desks of the members. MR. WHITE. I move that the whole subject-matter be indefinitely postponed. MR. ESTEE. The question to refer comes up first. MR. HUESTIS. By request, I introduce a resolution, and ask to have it referred to the Committee on Contingent Expenses: Resolved, That the Controller of State be and he is hereby authorized to draw a warrant in favor of W. F. Germaine, in the sum of eighteen dollars, for services rendered as Page during the organization of this Convention. Referred to the Committee on Mileage and Contingent Expenses. Resolved, That the Controller of State be and he is hereby authorized and directed to draw his warrant in favor of G. E. McStay for the sum of forty dollars, for services rendered in writing the Journal of proceedings during the organization of this Convention, prior to October third, eighteen hundred and seventy-eight; that the expenses of this Convention, MR. MCFARLAND. I rise to a point of order. The rules provide that no final action shall be taken until it has been referred to the committee. The motion to indefinitely postpone is final action. MR. EDGERTON. Under rule eighteen, the motion to commit takes State Treasurer is hereby authorized to pay the same out of the appropriation for precedence. MR. WHITE. We have lost a great deal of time, and the rest of the evening may as well be spent in disposing of it. THE PRESIDENT pro tem. The motion to refer takes precedence. It is moved that this resolution be referred to the Committee on Reporting and Printing. MR. EDGERTON. I have a suggestion to make-it requires a twothird vote to suspend the rule seven. MR. AYERS. That only applies to clerical officers. MR. HOWARD. Rule seven has no application here at all. The motion was lost on a standing vote-ayes, forty-two, noes, seventy-one. MR. MCCALLUM. I move to refer to the Committee on Contingent Expenses. The motion prevailed. OTHER RESOLUTIONS. MR. ESTEE offered the following: Resolved, That all motions to increase the number of committees, or to form new committees, be referred without debate to the Committee on Rules. MR. BARBOUR. I have a substitute to offer to the resolution : Resolved, That the delegation from San Francisco constitute one of the standing committees. Referred to Committee on Mileage and Contingent Expenses. Resolved, That in printing matters introduced into the Convention required to be printed, the Superintendent of the State Printing shall use for the present the original papers introduced; he or his chief clerk receipting to the Secretary of the Convention for the same, and returning them to the Secretary's desk as soon as possible. MR. ESTEE. That is not an amendment to the resolution I offered. Andrews, Ayers, Barbour, Barnes, Barry, Barton, Beerstecher, Hale, Hall, Harrison, Harvey, Heiskell, Herold, Herrington, Resolved, That the seats to be occupied by members of the Constitutional Conven- Belcher, tion be drawn by lot. Hilborn, Bell, Hitchcock, MR. STEDMAN offered the following substitute: Resolved. That the members of the Convention now proceed to select their seats by lot, provided that before any such selection, the temporary President of the Convention be permitted to select his seat; and Resolved, That the friends of any absent member may select his seat for him. MR. SMITH, of Santa Clara. I move to lay the resolution on the table. The motion to table prevailed--ayes, eighty-five. MR. VAN DYKE. Mr. President: There is a resolution now on the table that was ruled out of order before we commenced on this order of business, and I wish to call it up now. It was to the effect that the Sergeant-at-Arms be instructed to prepare rooms for the committees. MR. ESTEE. If the object is to go outside of the Capitol, I am opposed to it. Berry, Howard, Biggs, Huestis, Schell, Blackmer, Hughey, Boggs, Boucher, Brown, Burt, Campbell, Caples, Casserly, Hunter, Inman, Johnson, Jones, Schomp, Smith, of Santa Clara, Chapman, Charles, Condon, Keyes, Kleine, Laine, Smith, of San Francisco, Soule, Stedman, Steele, Stevenson, Strong, Stuart, Sweasey, Swenson, The amendment was adopted, and the resolution as amended was also adopted. MR. BARTON. Would it be in order to move to amend one of the standing rules at this stage of the business. I have a resolution to offer amending rule two, but if there is any objection I will not offer it. MR. LARKIN. I raise the point of order that no notice has been given, and therefore the resolution is out of order. MR. BARTON. Then I will withdraw it and give notice of a motion to amend. MR. CAMPBELL. Mr. President: I wish to offer a resolution and have it referred to the Committee on Printing: Resolved, That the Committee on Reporting and Printing ascertain from the publisher of the Daily Record-Union upon what terms he will publish in said paper daily a full report of the debates of this Convention. MR. GREGG offered the following as a substitute: Resolved, That a committee of three be appointed to determine and report at what cost the Record-Union, or any other daily paper in this city, will publish in the daily issue a full and true report of the debates and proceedings of this Convention, and furnish to the members of the Convention two hundred and fifty copies every morning. MR. O'SULLIVAN. I move to indefinitely postpone the resolutions. MR. AYERS. I raise the point of order. The Act calling this Convention requires that the printing necessary to be done by the Convention shall be done at the State Printing Office-not in a newspaper office, but in the State Printing Office. THE PRESIDENT pro tem. The point of order is well taken, and the resolutions are out of order. MR. O'SULLIVAN. I moved to indefinitely postpone. Resolved, That J. West Martin, of Alameda, and J. T. Wickes, of Nevada, be added to the Committee on Education. MR. ROLFE moved to add Mr. Blackmer to the committee. Dean. Dowling, Doyle, Lindow, Mansfield, Dudley, of San Joaquin, Martin, of Alameda, Dudley, of Solano, Dunlap, Edgerton, Eagon, Estee, Estey, Evey, Farrell, Fawcett, Filcher, Finney, Freeman, Freud, Glascock, Gorman, Grace, Graves, Gregg, Hager, Garvey, Holmes, Martin, of Santa Cruz, Tully, McCallum, Turner, Leave of absence was granted, for one day each, to Messrs. Jones and Holmes. The Journal of yesterday was read and approved. PETITIONS AND MEMORIALS. MR. MANSFIELD. I desire to offer the following resolution; WHEREAS, It is represented that the United States is about to conclude a commercial treaty with the Republic of France, that will in effect prove destructive to the wine interests of the United States, and especially to California; therefore, Resolved, That the subject be referred to the Committee on Agriculture, Manufacture, and Commerce, with instructions to inquire into and report, at as early a time as practicable, to this house, for its protest or for such other action as it may deem expedient. MR. MANSFIELD also offered the following: LOS ANGELES, October 5th, 1878. To the Hon. John M. Mansfield, member of the Constitutional Convention, Sacramento, California: Dear Sir: At a public meeting of the business men and viniculturists of Los Angeles County, held at the Court House this day, with the Hon. John G. Downey in the chair, a committee was appointed to draft suitable resolutions in relation to the above subject-matter. [Signed by a large number of business men.] MR. BARBOUR offered the following: Resolved, That this Convention memorialize the President of the United States to take such measures to abrogate or modify the Burlingame treaty; and also memorialize Congress to prohibit Chinese immigration. MR. NOEL. I raise the point of order that the resolution is out of order, because that is a resolution, and not a memorial. sex. 8. So that no one can be deprived of the elective franchise, or of the right of citizenship, or of education in the public schools, on account of nationality, color, or 9. So that the elective franchise may not be granted to persons of foreign birth, except those who speak the English language, until after they have been in the United States five years, and to no one who is unable to read the English language intelligently. 10. So that in trials by jury verdicts may be rendered by nine out of twelve. JOHN RICE, N. A. JOHNSTON, N. J. RICE, S. RICE, THE PRESIDENT. That comes within the rule, and is in order. It account of sex. will be referred to the Committee on Chinese. ACKNOWLEDGING GOD IN THE CONSTITUTION. MR. CROUCH presented the following memorial: To the Constitutional Convention, to meet at Sacramento, California, on the 28th day of September, 1878: Believing that Almighty God is the source of all power and authority in civil government, that the Lord Jesus Christ is the Ruler of Nations, and that the revealed will of God is of supreme authority in civil affairs; Remembering that this country was settled by Christian men, with Christian ends in view, and that they gave a distinctly Christian character to the institutions which they established; Perceiving the persevering attempts which are made to prohibit the reading of the Bible in our public schools, to overthrow our Sabbath laws, to abolish the oath, prayer in our State Legislature, and other Christian features of our institutions, and so to divorce the Government from all connection with the Christian religion; Viewing with grave apprehension the corruption of our politics, and the prevalent lack of moral and religious character in those who hold office in the State; and Believing that a written Constitution should contain explicit evidence of the Christian character and purpose of the State which frames it; and perceiving that the silence of the Constitution of the State, as well as of the United States, in this respect, is used as an argument against all that is Christian in the usage and administration of the Government; We, the undersigned, citizens of the State of California, petition your honorable body to frame the Constitution so that it shall suitably express our acknowledgment of Almighty God as the source of all authority in civil government, of the Lord Jesus Christ as the Ruler of Nations, and of His revealed will as of supreme authority; and thus indicate that this is a Christian commonwealth, and place all the Christian laws, institutions, and usages of the State on an undeniable legal basis in the funda[Signed by James Mitchell, and fifty others.] mental law of the same. MR. MILLS presented a petition to the same effect as the above, signed by about fifty persons. MR. OVERTON presented a memorial to the same effect, signed by thirty persons. MR. HAGER presented a memorial on the same subject, same as above, signed by one hundred and ten persons. MR. VAN DYKE presented a memorial on the same subject, signed by seventy persons. MR. HAER presented the following memorial, which was referred to the Committee on Preamble and Bill of Rights: To the Constitutional Convention, to meet at Sacramento on the 28th day of September, 1878: We, the undersigned, citizens of the State of California, believing that civil government is a divine institution, and that the Constitution of a commonwealth composed of Christian people should be framed so as to promote the highest interests of all the people, by fostering justice, morality, benevolence, and Christian institutions and usages, do hereby petition your honorable body to frame the new Constitution of California in accordance with this theory. And, more specifically: 1. So that there will be in the Constitution a full and explicit acknowledgment of Almighty God as the source of all authority in civil government, of the Lord Jesus Christ as the Ruler of nations, and of the supreme authority of the moral law of God, as revealed in the Bible; and thus indicate that California is a Christian commonwealth, and place all Christian laws, institutions, and usages of the State on an undeniable basis in the fundamental law of the same. LOCAL OPTION. MR. HOWARD presented a petition from citizens of Los Angeles County, asking for the passage of a local option. law, as follows: To the Constitutional Convention: Give us We respectfully represent that we have a right to be by law protected in life, person, and property, from intemperance; our lives are in danger, property is stolen and destroyed in consequence of whisky, and our taxes doubled; snares are set all over our land to draw our sons and daughters from virtue to vice, from plenty to poverty, and from honor to degradation. We demand that the Convention shall "lead us not into temptation, but deliver us from evil" of intemperance. a local option law. [Signed by J. O. Matthewson, and one hundred and nine others.] Referred to the Committee on Legislative Department. MR. HILBORN presented the following petition from citizens of Solano County, as follows: The honorable members of the Constitutional Convention : WHEREAS, it seems right, reasonable, and proper that a majority of the citizens in any community should have the right to decide in regard to the sale of intoxicating liquors within its bounds; and WHEREAS, the highest judicial authority of this State has declared that our present State Constitution does not allow such decision; therefore, we, the undersigned citizens of Solano County, State of California, hereby respectfully petition the members of our State Constitutional Convention to insert an article in the Constitution to be presented to the people, giving them the power at every general election to vote for or against the granting of license for the sale of intoxicating liquors in any township, village, town, or ward of a city. [Signed by J. W. Jones, and fifty-four others ] Biggs 2. So that under the Constitution there may be statute laws to prevent, not only public acts of blasphemy and gross forms of profanity, but also all such gross violations of the Divine law of the Christian Sabbath as tend to prevent Christian ple from peaceably enjoying their right to rest and worship on the Lord's day. 3. So that it may be constitutional to pass statutory laws to prohibit the manufacture Brown and sale of spirituous liquors for common drinks; and especially so that the sale of such common drinks cannot be on the Christian Sabbath. Blackmer. peo Boggs Boucher. Burt (6.) All who have been justly condemned prisoners in any State Prison; and, (7.) All who are known to not have the scriptural qualifications of civil rulers. See Exodus, 18, 21: "Provide out of all the people able men, such as fear God, men of truth, hating covetousness; and place such over them to be rulers." And II Samuel, 23, 3: "He that ruleth over men must be just, ruling in the fear of God." 7. So that all oaths of office, or oaths required of witnesses, jurors, etc., shall be in the name of God, and always with uplifted hand. Dudley, W. L.. 96 14 40 118 17 70 25 20 Holmes. 308 46 20 146 10 93 60 25 20 18 30 37 80 42 30 46 80 We therefore recommend the adoption of the following resolution: Resolved, That the Controller of State be authorized and directed to draw his warrants, payable out of the appropriation for this Convention, in favor of the parties named, and for the amounts stated in the above report. HILBORN, Chairman. MR. HILBORN moved that the reading be dispensed with, and the report printed and laid on the desks of members. So ordered. MR. HILBORN, from the Committee on Mileage and Contingent 25 20 Expenses, also made the following report: 6.00 15 00 15.00 61 50 21 00 Your Committee on Mileage and Contingent Expenses, to whom was referred the resolution by Mr. Caples, and also the resolution by Mr. Hilborn providing for the employment of a Night Watchman, have had the same under consideration, and hereby report as follows: That the attendance of a Night Watchman in the hall of this Convention is absolutely necessary; that one person can perform the duty of both Day and Night Watchman, and that five dollars per day is a reasonable com pensation for said services. The committee offered the following resolution: Resolved, That James Saultry be and he is hereby appointed Night Watchman of this Convention, at a salary of five dollars per day, the same to date from the beginning of this Convention, MR. CAPLES. Is the question debatable? MR. CAPLES. Mr. President: I offered the first resolution for the appointment of a gentleman to fill that position. I did so because I believed him to be a sober, truthful, honest, conscientious, faithful gentleman, and that he will perform the duties of the position creditably. The gentleman proposed by the other resolution may be equally qualified. On that I do not undertake to say; but I understand that Mr. Saultry is now on the payroll of the State Prison, I don't know in what capacity. I see he is also performing some function here. MR. HILBORN. I am informed that such is not the fact. I don't want him to be misrepresented. MR. FAWCETT. The Convention passed a rule yesterd that all employés should be appointed by the President, with certain exceptions. THE PRESIDENT. The Chair understands that the Night Watchman was not mentioned. MR. MCCALLUM. The report goes to the table until we reach resolutions. We have not yet reached resolutions. We are now under the head of standing committees. THE PRESIDENT. That is a report from a standing committee, and 25 20 the question is always on the adoption of the resolution. It belongs to 15 90 the report and comes up with the report. MR. CAPLES. Whether it be true or not that Mr. Saultry is on the 42 30 payroll, I shall not undertake to say, but it does appear that he is here 17 70 in some capacity, I don't know what. He appears to be engaged during 13 50 the day, and there is to be an effort made to enforce the eight-hour law, 27 00 and it seems to me that to work this gentleman, Mr. Saultry, twenty-four 141 30 hours in a day, would be to call down upon our heads the wrath and 8 70 indignation of the Workingmen. It does appear to me that one position 25 20 of ten, or twelve, or fourteen hours a day is enough for him to fill, 6 60 whether he is or not on the payroll at San Quentin. As I remarked 25 20 before I shall not undertake to say which of the two gentlemen are best 180 00 qualified to fill the position, but I do think, and submit to the candor of 23 10 the gentleman, whether it is not more proper, other things being equal, 10 50 to give the position to the gentleman who is at liberty to devote his entire 34 80 time to the duties of the position. Now if this gentleman performs these 20 10 functions during the day, it seems to me we are working him too hard. 18 30 I think twelve hours is enough without imposing any more, and there45 60 fore I am opposed to his appointment. MR. HEISKELL. Mr. President: It is proposed to take the appoint25 20 ment of these subordinate officers from the Chair, and I wish to protest 54 90 against this manner of appointing by resolution. There are other gentle25 20 men here as competent to fill this position as Mr. Saultry. Give them all 89 40 a fair chance to compete. The great argument in his favor that he is 53 10 familiar with the duties of the place has no great weight; I know other 37 80 gentlemen equally competent. As to this matter of his being on the pay93 60 roll, I wish to make a statement. It appears that he was on the payroll 25 20 in eighteen hundred and seventy-seven. When the Legislature convened 176 40 he laid down his arms and came here and got a position as Night Watch14.40 man. The Legislature adjourned and he again appears on the payroll. His name appears on the payroll for the month of August just past. THE PRESIDENT. The question is on the adoption of the resolution reported by the Committee on Mileage. |