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for such amount as may be necessary to pay the expenses of the State Government.
President, and Delegate from Benicia.
BENJ. F. MOORE,
RODMax M. PRICE, ELAM BROWN,
Jxo. McDougall, Elisha O. CROSBY,
Man'l DOMINGUEZ, José M. COVARUBIAS,
MYRON Norton, STEPHEN C. Foster,
PACIFICUS ORD, PABLO DE LA GUERRA,
MIGUEL D. PEDRORENA, Lewis DENT,
M. M. McCARVER, KIMBALL H. DIMMICK,
ANTONIO Ma. Pico,
THE ENABLING ACT.
As ACT TO PROVIDE FOR A CONVENTION TO FRAME A NEW CONSTITUTION be governed and regulated in all respects by the general election laws of FOR THE STATE OF CALIFORNIA.
the State in force at the time of said election, so far as the same shall be [Approved March 30th, 1878.]
applicable thereto, and not inconsistent with the provisions of this Act. The People of the State of California, represented in Senate and Assembly, provision for printing or using new Great Registers or Ward Registers
Second-At the special election to be held under this Act, if no other do enact as follows:
shall have in the meantime been made by law, the copies of the Great SECTION 1. An election shall be held on the third Wednesday in Registers which were in use in the several counties of this State at the June, eighteen hundred and seventy-eight, of delegates to meet in Con- general election held in the year eighteen hundred and seventy-seven vention to revise the Constitution of this state and to frame a new Con- shall be used. The Boards of Supervisors must furnish the Boards of stitution. No other question shall be submitted to the people or voted Election of each precinct in their respective counties before the day on on at such election, any statute or law to the contrary notwithstanding. which said special election is appointed to be held, at least one copy of All other elections called for the same time shall be held at the next the aforesaid Great Register. If the Boards of Supervisors cannot othergeneral or special State election.
wise obtain a sufficient number of copies of the Register for the purSec. 2. The number of delegates to be chosen to such Convention pose, it must take the copies filed in the office of the County Clerk, in shall be one hundred and fifty-two, to be apportioned as follows: The pursuance of section one thousand two hundred and sixty-eight of the Counties of San Diego and San Bernardino shall jointly elect one dele- Political Code. If the copy of the register which shall be furnished to gate;
the County of San Diego shall elect one delegate; the County of any precinct shall have been used at a previous election, the character San Bernardino shall elect one delegate ; the County of Los Angeles "Å" may be used instead of the word "voted,” as required by section shall elect three delegates; the Counties of Santa Barbera, Ventura, and one thousand two hundred and twenty-eight of the Political Code. It San Luis Obispo shall each elect one delegate; the Counties of Tulare, shall not be the duty of the Boards of Election to post copies of the Kern, and Fresno shall elect one delegate each; and the Counties of Great Register, as required by section one thousand one hundred and Mono and Inyo shall elect one delegate; the Counties of Mariposa, forty-nine of the Political Code. The voter, when he offers his ballot at Merced, and Stanislaus shall jointly elect one delegate; the Counties of a polling place, shall not be required to announce his number on the Mariposa and Merced shall jointly elect one delegate; the County of Great Register, as provided for in section one thousand two hundred and Stanislaus shall elect one delegate; the Counties of Santa Cruz, Mon- twenty-five of the Political Code. terey, and San Benito shall jointly elect one delegate; the County of Third–The officers of the several counties of this state, whose duty it Santa Cruz shall elect one delegate; the County of Monterey shall electis under the law to receive and canvass the returns from the several preone delegate; the County of San Benito shall elect one delegate; the cincts of their respective counties, as well as the City and County of San County of Santa Clara shall elect five delegates; the City and County Francisco, shall meet at the usual place of meeting for such purpose on of San Francisco shall elect at large thirty delegates; the City and the second Monday after said election. If at the time of meeting the County of San Francisco at large, jointly with the County of San Mateo, returns from each precinct in the county in which polls were opened shall elect one delegate; the County of San Mateo shall elect one dele- have been received, the Board must then and there proceed to canvass gate; the County of Alameda shall elect five delegates; the Counties of the returns; but if all returns have not been received, the canvass must Contra Costa and Marin shall jointly elect one delegate; the County of be postponed from day to day until all of the returns are received, or Contra Costa shall elect one delegate; the County of Marin shall elect until six postponements have been had, when they shall proceed to one delegate; the Counties of San Joaquin and Amador shall jointly make out returns of the votes cast for delegates to be members of the elect one delegate; the County of San Joaquin shall elect four dele- Convention; and the proceedings of the officers whose duty it is to make gates; the County of Amador shall elect two delegates; the Counties of out said returns shall be the same as those prescribed for like officers in Tuolumne and Calaveras shall jointly elect one delegate; the County of the case of an election for Governor, except that the returns shall be Tuolumne shall elect one delegate; the County of Calaveras shall elect transmitted to the Secretary of State. The person receiving the highest one delegate; the County of Sacramento shall elect five delegates; the number of votes at such election shall be elected, except in the case of Counties of Solano and Yolo shall jointly elect one delegate; the County persons voted for as delegates at large.. of the persons so voted for as of Solano shall elect three delegates; the County of Yolo shall elect delegates at large, the eight persons, residents of any one Congressional one delegate; the Counties of Napa, Lake, and Sonoma shall District, who shall have received a plurality of votes over all other perjointly elect one delegate ; the County of Napa shall elect one del sons, severally, who reside in the same Congressional District, shall be egate; the County of - Lake shall elect one delegate; the County declared elected such delegates at large. of Sonoma shall elect four delegates; the County of Placer shall elect Fourth— The Secretary of State shall, as soon as the returns of said electwo delegates; the Counties of El Dorado and Alpine shall jointly electtion shall be received by him, or within twenty days after said election, two delegates; the County of El Dorado shall elect one delegate; the in the presence of the Governor and Controller of State, open and compute Counties of Nevada and Sierra shall jointly elect one delegate; the all the returns received of votes given for members of the Convention, County of Nevada shall elect four delegates; the County of Sierra shall and the Governor shall forth with issue his proclamation, declaring the elect one delegate; the Counties of Yuba and Sutter shall jointly elect names of the persons who have been chosen members of said Convention. one delegate; the County of Yuba shall elect two delegates;
the County Sec. 5. The delegates so chosen shall meet in Convention in the of Sutter shall elect one delegate; the Counties of Butte, Plumas, and Assembly Chamber at the Capitol, in the City of Sacramento, on the Lassen shall jointly elect one delegate; the Counties of Plumas and twenty-eighth day of September, eighteen hundred and seventy-eight, Lassen shall jointly elect one delegate; the County of Butte shall elect at twelve o'clock m. They shall by a viva voce vote, and the vote shall two delegates; the Counties of Mendocino, Humboldt, and Del Norte be entered on the Journal, elect one of their number President, and shall jointly elect one delegate; the County of Humboldt shall elect such Secretaries and other officers as they may deem necessary. After one delegate: the County of Mendocino shall elect one delegate; the the said Convention has met and organized, it shall have power to County of Del Norte shall elect one delegate; the Counties of Siskiyou, adjourn to and hold its meetings at any place in said City of Sacramento Modoc, Trinity, and Shasta shall jointly elect one delegate; the Coun- other than the said Assembly Chamber, and all committee rooms of the ties of Siskiyou and Modoc shall jointly elect one delegate; the Coun- State Capitol building shall be under the control of said Convention. ties of Trinity and Shasta shall jointly elect one delegate; the County The President of the Convention may appoint not exceeding one Doorof Tehama shall elect one delegate; the County of Colusa shall elect keeper and four Pages. The Convention may select Phonographic one delegate; and thirty-two (32) delegates shall be elected by the State Reporters, and fix the amount of their compensation ; also a Sergeantat large, eight (8) residents of each Congressional District.
at-Arms and one Assistant. The delegates to the Convention shall SEC. 3. All persons entitled by law to vote for members of Assembly receive the same per diem and mileage as members of the Legislature; shall be entitled to vote at such election in their respective election provided, no compensation shall be allowed delegates after the expiration districts, and not elsewhere. Such election shall be by ballot.
of one hundred days. No pay shall be allowed for any recess longer Sec. 4. The following regulations shall apply to the aforesaid elec- than three days at one time. The Secretary shall receive eight dollars tion, to be held on the third Wednesday in June, A. D. eighteen hun- per day, and his assistants each six dollars per day, and the Doorkeepers, dred and seventy-eight:
Pages, Sergeant-at-Arms, and assistants shall receive the same compenFirst-The said election shall be held and conducted by the proper sation as provided by law for similar services and attendance on the election officers of the several election districts of this state, and shall | Assembly. The amount of pay shall be certified by the President of the Convention, and shall be paid by the Treasurer of State, on the war- SEC. 9. It shall be the duty of the Secretary of State to cause this rant of the Controller, in the same manner as members of the Legisla- Act to be published once a month after its passage, until the election of ture are paid. It shall be the duty of the Governor to attend said delegates herein provided, in not more than five of the public newsConvention at the opening thereof, and to administer the constitutional papers published in this State-one of said publications to be in some oath of office to the delegates, and to preside at all meetings thereof newspaper published in the City and County of San Francisco, and one until a President has been elected and taken his seat, but the Governor in the City of Sacramento, and one in the County of Los Angeles, and shall have neither the casting vote nor any other vote therein. The one the County of Nevada, and one in the County of Tulare; and Secretary of State shall also attend at the opening of the Convention the expense of publishing the same, and all other legal expenses and call the roll of delegates. All public Officers, Boards, and Com- incurred in printing for the Convention, shall be audited by the Conmissions shall furnish such Convention with such information, papers, troller and paid by the State Treasurer according to law. statements, books, or other public documents in their possession as the Sec. 10. 'All the printing necessary for the said Convention, under said Convention shall order or require for its use from time to time the provisions of this Act, shall be done and performed at the State while in session. It shall be the duty of the Secretary of State to fur- Printing Office. nish the members of said Convention with stationery to the amount Sec. 11. In case any vacancy occurs by reason of the death, resigprovided by law for the Legislature while in session, and to the Conven-nation, or otherwise, of any delegate elected to said Convention, the tion such stationery, manual, file boards, and other like things as are same shall be filled by the Convention. furnished to the two Houses of the Legislature. Said Convention may Sec. 12. The sum of one hundred and fifty thousand dollars, or so adopt such rules and regulations for its own government as a majority much thereof as may be necessary, is hereby appropriated out of any of its members may determine, and said Convention shall be the judge money in the State treasury to pay the expenses of the Convention proof the election and qualification of its own members.
vided for in this Act. Sec. 6. A journal of the proceedings of the said Convention shall be Sec. 13. This Act shall take effect immediately. kept, and shall at the final adjournment thereof be filed in the office of the Secretary of State, and the Constitution agreed to by the Convention shall be recorded in his office. A majority of the Convention shall constitute a quorum to do business. The doors of the Convention shall be
PROVISIONAL ACT. kept open, except when the public welfare shall require secrecy. Every delegate to the Convention shall have the like privileges from arrest and An ACT TO PROVIDE FOR THE PUBLICATION OF THE DEBATES AND PROCEEDfrom civil process as members of the Legislature now have by law. For INGS OF THE CONSTITUTIONAL CONVENTION OF THE STATE OF CALIFORNIA. any speech or debate in the Convention the delegates shall not be questioned in any other place. The Convention shall have the power to
[Approved March 31st, 1880.] expel any of its members, and to punish its members and officers for The People of the State of California, represented in Senate and Assembly, disorderly behavior by imprisonment or otherwise; but no member shall
do enact as follows: be expelled until the report of a committee appointed to inquire into the SECTION 1. The State Board of Examiners are hereby authorized and facts alleged as the grounds of his expulsion shall have been made. directed to enter into a contract with E. B. Willis and P. K. Stockton, The Convention shall have the power to punish as a contempt, and by for the transcription into long-hand writing of the short-hand notes imprisonment or otherwise, a breach of his privileges, or of the privi- taken by said E. B. Willis and P. K. Stockton, of the proceedings, transleges of its members; but such power shall not be exercised, except actions, and debates of the Constitutional Convention which assembled against persons guilty of one or more of the following offenses : on the twenty-eighth day of September, A. D. eighteen hundred and
First—The offense of arresting or subjecting a member or officer of seventy-eight, in the City of Sacramento. the Convention to civil process, in violation of his privilege from arrest, Sec. 2. The contract entered into by and between the said Board of as heretofore declared.
Examiners and the said E. B. Willis and P. K. Stockton, shall stipulate Second-That of disorderly conduct in the immediate view and pres- for the immediate, consecutive, full, and accurate transcription into longence of the Convention, and directly tending to interrupt its proceedings. hand writing of the transactions and debates had in the Constitutional
Third–That of publishing any false and malicious report of the pro- Convention and in the Committee of the Whole of said Convention. ceedings of the Convention, or of the conduct of a member in his dele- And the compensation to be paid to the said E. B. Willis and P. K. gated capacity.
Stockton for such transcription shall be twenty cents per folio of one Fourth-That of refusing to attend or be examined as a witness, either hundred words; provided, that the entire amount to be paid for said before the Convention or a committee to take testimony in the proceed- transcribing the entire transactions and debates of the said Convention, ings of the Convention.
and of the Committee of the Whole of said Convention, shall not Fifth—That of giving or offering a bribe to a member, or of attempting exceed the sum of eighteen thousand dollars; and provided further, that by menace or any other corrupt means or devise, directly or indirectly, the said Board of Examiners shall not be required to receive and examine to control or influence a member in giving his vote, or to prevent him manuscripts covering less than five thousand folios, or audit any claim from giving the same.
for less than one thousand dollars at one time, and shall not authorize In all cases in which the Convention shall punish any of its members, the payment of more than seventy-five per cent. of any claim audited or officers, or any other person, by imprisonment, such imprisonment or allowed, until the entire work of transcription shall have been comshall not extend beyond the session of the Convention. Every person pleted and placed in their hands. appointed to the office of Secretary of the Convention, shall, before he Sec. 3. The transcription of the said short-hand notes shall be made enters on the duties of his office, execute a bond to the people of the of the proceedings of consecutive days of the said Convention, beginning State, with such security as the Controller shall approve, in the penal with the first day, and all installments of manuscripts delivered to the sum of five thousand dollars, conditioned that he shall faithfully per- said Board of Examiners shall be of continuous and consecutive days' form the duties of his office and account for all moneys which may proceedings, in plain, legible, long-hand copy, properly prepared for the come into his hands by virtue thereof.
printer; provided, that either House of the Legislature shall, upon the Sec. 7. The Constitution framed by such Convention shall be sub-passage of this bill, be entitled to call for a transcription of such parts of mitted by the Convention to the people, for their adoption or rejection, the transactions and debates of the said Constitutional Convention, and at a special election to be held on the first Wednesday of May, eighteen of the Committee of the Whole thereof, as may be designated in a hundred and seventy-nine, and every person hereby entitled to vote resolution calling for said transcription, and the transcription called for for delegates may vote at that election, on such adoption or rejection, in by either House shall be made and furnished without delay; but the the election district in which he shall then reside, and not elsewhere. manuscript of transcription called for by either House shall be returned The said Constitution shall be voted on as a whole; no other question to said Willis and Stockton, but shall not be by them presented to the than the adoption or rejection of the proposed Constitution shall be Board of Examiners until they are reached in their proper connection submitted to the people, or voted on at such election, any statutes or by a consecutive transcription of the short-hand notes. law to the contrary notwithstanding. The Convention shall prescribe Sec. 4. Said Willis and Stockton shall verify the transcription of the the publication of such Constitution, and the notice to be given of the report presented by them to said Board of Examiners, by an oath to be election. The ballots or tickets shall have printed or written upon administered by the Governor. them the words “For the New Constitution," or "Against the New Sec. 5. The said Board of Examiners shall have such power and Constitution,” and all the provisions of law now or at that time exist- authority as may be necessary to carry out, in good faith, the purposes ing in regard to general elections shall be applicable to such election, and objects of this bill. except that the provisions of the first and second subdivisions of section Sec. 6. The State Board of Examiners shall cause to be printed, at four of this Act shall also apply to said election. The canvassing and the State Printing Office, such numbers of copies of the said reports of returns of the votes cast upon such question shall, in such manner as the proceedings, transactions, and debates of said Convention as may be the Convention shall direct, be certified to the Executive of the State, by them deemed advisable, under the direction of the Superintendent who shall call to his assistance the Controller, Treasurer, and Secretary of Public Printing, at a cost which shall not exceed the sum of eighteen of State, and compare the votes as certified to him. If, by such an thousand dollars. The Board of Examiners shall copyright said publiexamination, it is ascertained that a majority of the whole number of cation, to the end that the State may be protected. Such copies, when votes cast at such election be in favor of such new Constitution, the printed, shall be placed in the hands of the Secretary of State, who shall Executive of this state shall, by his proclamation, declare such new dispose of them as follows, to wit: Ten full sets of volumes shall be Constitution to be the Constitution of the State of California, and that filed in the State Library, for the use of members of the Legislature; it will take effect at such time as the said Convention may have in its one set shall be sent to the State Library of each of the States which discretion, by resolution, or in said Constitution itself, fixed. If said have furnished the State Library of this State with volumes of the Convention fix no time for said Constitution to take effect, then it shall transactions and debates of the Constitutional Conventions held in such take effect immediately upon such proclamation being made.
States; one full set of the volumes to each of the Justices of the Supreme SEC. 8. All willful and corrupt false swearing in taking any of the Court; one full set of the volumes to each Judge of a Superior Court oaths prescribed by this Act, or by the laws of this State made applica- this State. The remainder of the volumes shall be sold at a sum to ble to this Act, or in any other mode or form in carrying into effect this be fixed by said Board of Examiners, but which shall not exceed fifteen Act, shall be deemed perjury, and shall be punished in the manner now dollars per set of the volumes. prescribed by law for willful and corrupt perjury.
Sec. 7. This Act shall take effect immediately.
SEPT. 28, 1878.
THE OATH OF OFFICE.
Smith, of 4th District, Van Dyke,
Smith, of San Francisco, Van Voorhies,
Walker, of Marin,
Walker, of 'Tuolumne,
Wellin, "An Act to provide for a Convention to frame a new Constitution for
West, the State of California," approved March 30th, 1878, the delegates elect
Wickes, to said Convention met in the Assembly Chamber of the State Capitol Schell,
White, this day, at 12 o'clock M., His Excellency Governor William Irwin
Wilson, of Tehama, presiding.
Wilson, of 1st District, Upon calling the Convention to order, Governor Irwin said:
Wyatt. vention to frame a Constitution for the State of California, all persons Smith, of Santa Clara, Vacquerel, on the floor of the Chamber whose names do not appear in the proclamation of the Governor as having been elected delegates to the Convention, will please retire outside the bar of the Chamber. Gentlemen whose A. Campbell, Jr., David S. Terry, George M. Hardwick, names are mentioned in that proclamation will please take the seats Daniel Inman, Thos. Morris, resigned, deceased. assigned them by the Secretary of State.
John F. Miller, H. H. Haight, deceased, Article X, Section 2, of the Constitution, provides: “And if at any time two thirds of the Senate and Assembly shall think it necessary to revise and change this entire Constitution, they shall recommend to the
GOVERNOR IRWIN. The members of the Convention have all reelectors at the next election for members of the Legislature to vote for sponded to their names, except four; there being a majority of the Conor against a Convention; and if it shall appear that a majority of the vention present we will proceed to the next business in order, which electors voting at such election have voted in favor of calling a Conven- will be to swear in the members. The Secretary will call the names of tion, the Legislature shall, at its next session, provide by law for calling members in groups of four, in alphabetical order, and when their names a Convention, to be holden within six months after the passage of said are called members will come forward and take the constitutional oath law."
of office. At the Legislature of 1875-6 two thirds of both branches voted to
Delegates then came forward in groups of four to the right of the recommend to the people of the State to vote for calling a Convention President's desk, and took and subscribed to the following oath : “I do to amend or revise the Constitution. At the next general election a solemnly affirm that I will support the Constitution of the United majority of those voting voted to call the Convention.
States and the Constitution of the State of California; and that I will În pursuance of this section of the Constitution, the last Legislature faithfully discharge the duties of the office of member of the Convenpassed an Act calling this Convention. In that Act it is provided as tion to frame a new Constitution for the State of California according to follows: “It shall be the duty of the Governor to attend said Convention the best of my ability.” at the opening thereof, and to administer the constitutional oath of
The delegates subscribed to the oath in the following order: office to the delegates, and preside at all meetings thereof until a Presi
S. B. Burt,
William H. Prouty, dent has been elected and taken his seat; and the Governor shall have A. R. Andrews,
A. C. Freeman,
A. P. Overton, neither the casting vote nor any other vote therein. The Secretary of James J. Ayers,
W. F. Huestis,
J. M. Porter, State shall also attend at the opening of the Convention, and call the Clitus Barbour,
W. H. L. Barnes, T. D. Heiskell, M. R. C. Pulliam, roll of delegates."
Conrad Herold, James S. Reynolds, In pursuance of the power conferred by this Act of the Legislature, I Edward Barry,
D. W. Herrington,
Patrick Reddy, have now called this Convention to order, and I will direct the Secretary James N. Barton,
C. J. Beerstecher, G. W. Hunter, Jno. M. Rhodes, of State, Mr. Beck, to proceed and call the roll of delegates. Delegates
Isaac S. Belcher, V. E. Howard, Charles F. Reed, will answer to their names as the roll is called.
William P. Hughey, J. Schomp,
C. S. Ringgold, the following delegates answered to their names:
H. C. Rolfe,
E. T. Blackmer, J. R. W. Hitchcock, George W. Schell, Andrews,
E. 0. Smith,
Augustus H. Chapman, S. G. Hilborn,
J. McM. Shafter,
J. M. Kelley,
D. H. Cowden,
E. P. Soule,
J. M. Charles,
George A. Johnson,
Charles W. Cross,
H. W. Smith,
T. H. Laine,
Geo. Venable Smith,
P. T. Dowling, Charles R. Kleine,
Hamlet Davis, James H. Keys, John C. Stedman,
James E. Dean,
Bernard F. Kenny, W. J. Sweasey,
Chas. V. Stuart,
Josiah Boucher, Hugh M. Larue,
R. M. Lampson, F. 0. Townsend,
Jonathan M. Dudley, H. C. Boggs,
R. S. Swing,
W. L. Dudley,
John F. Lindow,
P. B. Tully,
T. H. Estey,
A. P. Vacquerel,
John A. Eagon, Thomas McConnell, Daniel Tuttle,
Henry Edgerton, Rush McComas, Henry K. Turner, Charles, Harrison, McFarland,
John G. McCallum, Walter Van Dyke, Condon, Harvey, McNutt,
J. A. Filcher,
Edward Martin, W. Van Voorbies,
Eugene Fawcett, John F. McNutt, Jno. Walker,
S. J. Farrell,
Thos. Bond McFarland, Hugh Walker,
Jno. F. Miller,
Joseph R. Weller,
P. M. Welli
J. Richard Freud, Wm. 8. Moffat, J. V. Webster,
J. C. Gorman,
W. P. Grace,
John T. Wickes,
J. B. Garvey,
W. W. Moreland, Wm. F. White,
B. B. Glascock, James E. Murphy, H. C. Wilson, (Tehama) and Amador, Hughey,
John P. West,
J. E. Hale,
Thorwald Nelson, Samuel M. Wilson,
Jno. S. Hager,
Edmund Nason, Jos. W. Winans,
V. A. Gregg,
Sweasey, Joel W. Harvey, Chas. C. O'Donnell, Joseph Č. Brown, Rhodes,
Smith, of San Francisco, Vacquerel,
Walker, of Tuolumne, Wilson, of Tehama,
Ohleyer, of one of the members, or a gentleman who was elected as a member of
Overton, the Convention. I will read it, and it will lay upon the table until the
Reed, tion from the City and County of San Francisco.
THOMAS MORRIS. Burt,
Shafter, tion of the Convention, when the Convention can take such action as it Chapman,
Shoemaker, may deem proper.
Smith, of Santa Clara, VR. DUDLEY, of San Joaquin. I move now that the Convention
Dudley, of Solano,
Smith, of 4th District, adjourn until Monday morning at eleven o'clock, in order that members
Steele, may have an opportunity to confer with each other in regard to the Dudley; of San Joaquin Larue,
and Amador, Lewis,
Swing, adjourn until eleven o'clock on Monday.
Tully, read that we do now adjourn until three o'clock this afternoon to assem
Turner, ble here and proceed to business.
Walker, of Marin, motion to adjourn until Monday at eleven o'clock. The amendment is
Waters, that the Convention adjourn until three o'clock this afternoon.
Wilson, of 1st District, STECHER demanded the ayes and noes.
GOVERNOR IRWIN. Do you understand the question? The original called he said: motion was that the Convention adjourn to meet at eleven o'clock on Mr. Chairman, I believe I ain now in order. Monday. To this an amendment is offered to adjourn until three o'clock GOVERNOR IRWIN. How does the gentleman vote? this afternoon. The question now is on the adoption of the amendment. MR. HERRINGTON. I vote “no," upon the ground that I do not Those in favor of the amendment will say "aye” as their names are believe that the Chairman of this Convention has any right to adjourn called, and those opposed “no.”
this body. MR. HAGER. I move to amend the amendment by substituting Governor IRWIN. The gentleman will please take his seat. The twelve o'clock on Monday.
Secretary will proceed with the roll call. Governor IRWIN. It is the opinion of the Chair that action on the The calling of the roll was then finished. adjournment to the shortest period will take precedence.
GOVERNOR IRWIN. Ayes, 57; noes, 89. The Convention refuses to MR. HAGER. Not by any general rule we have before us. We have adopt the amendment. The question is now on the original motion, to adopted no rule. Ordinarily in legislative bodies they have such a rule adjourn until 11 o'clock on Monday. that a motion to adjourn to the shortest period shall be put first, but that The motion prevailed, and the Governor, at 1:40 P. M., declared the is by an express rule of that body, not by any general parliamentary Convention adjourned until Monday at 11 A. M. rule.
MR. BEERSTECHER. Mr. President: I rise to a point of order. The Chair has decided, and if he desires to take an appeal he has got the
THIRD DAY. privilege of appealing from the decision of the Chair. Governor IRWIN. The Chair has not finally decided. The Chair
SACRAMENTO, Monday, September 30th, 1878. will decide in due time.
At eleven o'clock A. X., pursuant to adjournment, GoverxOR IRWIN Mr. HAGER. Then I might reply that the gentleman himself is out called the Convention to order and requested all persons not members or of order, as there is no rule that applies to him. I presume that the who had not seats assigned them on the floor, to retire outside the bar of correct rule would be to put the propositions as they regularly. come up. I the chamber. If I should offer a substitute which would be allowed by parliamentary
The Secretary of State called the roll and the members were found in rule, I might offer as a substitute that we adjourn to another period. attendance as follows: My object is merely to test the sense of the Convention in the shortest and most expeditious way. Governor IRWIN. If the Convention does not see proper to adopt Andrews,
Howard, the amendment they will vote it down, and the question will then come Ayers,
Huestis, on the motion to adjourn until eleven o'clock on Monday. The question Barbour,
Hughey, is now on the amendment offered by the gentleman from San Francisco, Barnes,
Hunter, Mr. Beerstecher, to adjourn until three o'clock this afternoon. The Barry,
Johnson, members in favor of the amendment will answer "aye" as their names Barton,
Jones, are called; those opposed will answer “no." The Secretary will call | Beerstecher,
Joyce, the roll. I beg that members will maintain perfect silence during the Belcher,
Kelley, call of the roll, otherwise it will be impossible to hear the responses.
Kleine, ing of the roll.
Lampson, take his seat. The roll call will proceed.
THE SECRETARY AGAIN.
GOVERNOR IRWIN. Gentlemen of the Convention, the Chair will
hold that the law providing for the meeting of this Convention has proNeunaber, Shurtleff, Van Voorhies,
vided for a provisional organization, and one of these provisions is, Noel, Smith, of Santa Clara, Walker, of Marin,
according to the construction of the Chair, that the Secretary of State O'Donnell, Smith, of 4th District, Walker, of Tuolumne,
shall act as Secretary of the Convention during the provisional existence Ohleyer, Smith, of San Francisco, Waters,
of the Convention. That is the ruling of the Chair. If the gentleman O'Sullivan, Soule, Webster,
who made the motion desires to except to the ruling, the Chair will put Overton,
the question on appeal.
MR. WHITE. Mr. President: I appeal from the decision of the
Chair; not that I desire to make any factious opposition, but merely Pulliam,
that the Convention may give an expression of opinion on it. Stuart,
Mr. O'DONNELL. Mr. President: According to the statutes which
I have here," the Secretary of State shall attend the Convention and
call the roll of delegates."
Wilson,of San Francisco,
GOVERNOR IRWIN. Has an appeal been taken from the decision of
MR. WHITE. Mr. President: I appeal from the decision of the
Mr. O'SULLIVAN. I second the appeal.
GOVERNOR IRWIN. Gentlemen : The ruling of the Chair on this GOVERNOR IRWIN. The next business in order will be the reading point, to wit, that the Secretary of State is authorized to act without of the minutes of the meeting on Saturday. The gentleman who kept being appointed by the Convention, has been appealed from, and the the minutes will read them.
question now is upon sustaining the decision of the Chair.
MR. ANDREWS. Mr. President: As I understand it, the question now
is, shall the decision of the Chair stand as the decision of the ConvenMR. WHITE. Mr. President: I desire to call the attention of the Con- tion. vention to a matter which several have spoken to me about. It appears Governor IRWIN. Yes, sir. to me, sir, that the law under which we are convened here has made MR. ANDREWS. Does not the Act require that the vote shall be one omission. The Legislature undertook to give us a temporary organ- taken by ayes and noes? ization, but they have only gone so far as to say that the Governor shall GOVERNOR IRWIN. Not on a question of that kind. preside until the permanent President shall have been elected, and they
The question was put, and the Convention sustained the ruling of the say nothing about the Secretary, except that he shall be present and call Chair. the roll of delegates. For the purpose of correcting that omission I move that the Secretary of State be requested to act as temporary Secretary of this Convention, and upon his acceptance that he be declared
Governor IRWIN. The Chair will take occasion to announce that it the temporary Secretary of this body until the Convention shall have has appointed the following gentlemen to act during the continuance of elected a permanent Secretary.
the provisional organization : Minute Clerk, A. J. Dobbins; SergeantGovernor IRWIN. The Act does not specifically say that he shall at-Arms, J. M. Farrelly; Watchman, James Saltry; Doorkeeper, B. F. continue to act until a permanent Secretary shall have been elected, but Alexander; Porter, Hiram Clock. Their terms of office will expire on it is fairly implied, and is understood. That is the construction that the organization of the Convention. I have here, also, a communicaboth the Secretary of State and myself have put upon the Act, with tion addressed to the members of the Convention, which I will pass to reference to his duty, and I suppose he will continue to act.
the Secretary. It will lie on the table until the Convention shall have Mr. O'DONNELL. Mr. President: What is the question ?
been organized. MR. ESTEE. Mr. President: I understand that the first business in
MR. BARBOUR. I desire to ask about the appointment of these offiorder is the election of a President of this Convention, under the statute. cers. The adoption of a resolution for the nomination of officers might be in Governor IRWIN. They will continue to act until the Convention order if we had any precedent or any authority under any known par
shall have been organized. liamentary rules. As it is, I suggest that the first business in order
MR. BARBOUR. I wish to know if that is the decision of the Chair, is the election of a President of this Convention. Let us proceed in the so as to take my appeal and preventusual order, as the statute indicates. Let us proceed to elect a President
Governor IRWIN. I will state to the gentleman that this action and then a Secretary of the Convention.
was taken by the Chair because it was deemed necessary that such offiMR. VAN VOORHIES. Mr. President: There are three of the mem- cers should be in existence. For instance, it is desirable to have the bers who have not as yet been sworn in. I think that should be the minutes of the Convention properly kept. It was necessary to be done, first order of business.
and the Chair, recognizing the necessity, took the responsibility of Mr. McFARLAND. Mr. President: If there be any doubt as to appointing these officers. whether the Secretary of State is entitled to act as Secretary until a
MR. BARBOUR. I desire to know by what law or authority it is done. permanent Secretary has been elected, it would do no harm for this Governor IRWIN. Has the gentleman any motion to make?. Convention to declare that he shall act until we shall have elected a
Mr. BARBOUR. Mr. President: I desire to appeal from the ruling of permanent Secretary, and I don't see how there can be any objection to the Chair. it. In my opinion, the resolution should pass.
MR. TULLY. Mr. President: I move that the Convention now proMr. O'DONNELL. Mr. President: As there seems to be a doubt ceed to ballot for President. about the matter, let it be put to a vote of the Convention, and that will
MR. MURPHY. I second the motion. settle the matter.
GOVERNOR IRWIN. It is moved and seconded that the Convention (Cries of "Question, question.”]
MR. BEERSTECHER. Mr. President: I rise to a point of order.
My point of order is that the election is not to be by ballot at all, as the MR. VAN VOORHIES. Mr. President: If I understand it, we cannot Act says it must be viva voce. act upon that resolution until these other members are sworn in.
MR. BARBOUR. Mr. President: I have a resolution which I desire GOVERNOR IRWIN. It will be proper for them to be sworn in first. to offer. Gentlemen of the Convention, there are some two or three members, I Governor IRWIN. The question is on taking a ballot for President understand, who were not present on Saturday, and have not yet been of the Convention, or taking a vote. The motion has been seconded. sworn in, and this matter will remain in temporary abeyance until Gentlemen, are you ready to proceed to vote for President of the Conthese three members shall have been sworn in. The matter will lie onvention ? the table temporarily. The members who have not yet been sworn in MR. BARTON. Gentlemen of the Convention : I trust that you will will now please come forward and take the oath.
act in this matter in a channel that is proper and respectable, quietly, MR. BEERSTECHER. Mr. President: I object to David S. Terry and not proceed to vote for candidates for President until they have been being sworn in, and base my objections upon this
properly presented to the Convention, thereby giving the members of GOVERNOR IRWIN. The gentleman is out of order.
the Convention an opportunity of knowing who are the candidates. MR. BEERSTECHER. Section seven of article eleven declares- Governor IRWIN. The question is on proceeding to vote. Are you
GOVERNOR IRWIN. The gentleman will take his seat-he is out of ready for the question ? order. The law makes it my duty to swear in the persons elected to the The motion was put by the Chair and carried. Convention. Then any objection to the eligibility of members can be MR. BARBOUR. Mr. President: I call for my resolution now. raised. The power to determine who are members rests in the Conven- MR. VAN DYKE. Mr. President: I rise to a point of order. tion, and not in the Governor, who presides temporarily.
Governor IRWIN. The Convention has just decided to vote now for MR. O'DONNELL. Mr. President: I think we have the right to a President of the Convention. That business is now in order. enter our objections
MR. VAN DYKE. Mr. President: I understand that it is to nomiGOVERNOR IRWIN. The gentleman will please take his seat, he is nate candidates to be voted for. out of order.
Governor IRWIN. The Convention has just decided to vote. MR. O'SULLIVAN. Mr. President: I think so also, and I protest MR. VAN DYKE. Mr. President: As I understand it, the only order against the gentleman taking his seat.
of business now is to present names to be voted for. GOVERNOR IRWIN. The gentleman will take his seat; the gentle- Governor IRWIN." That is not strictly in order; every member can man is out of order.
vote as he chooses. [D. 8. Terry, of San Joaquin, Alexander Campbell, Jr., of Alameda, MR. VAN DYKE. Mr. President: Would it not be a part of that and Daniel Inman, of Alameda, were sworn in and subscribed to the oath order of business to present names to be voted for, if any gentleman of office.)
sees proper to present them?