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AN 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. [Approved March 30th, 1878.]

The People of the State of California, represented in Senate and Assembly, do enact as follows:

SECTION 1. An election shall be held on the third Wednesday in June, eighteen hundred and seventy-eight, of delegates to meet in Convention 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 on at such election, any statute or law to the contrary notwithstanding. All other elections called for the same time shall be held at the next general or special State election.

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the State in force at the time of said election, so far as the same shall be applicable thereto, and not inconsistent with the provisions of this Act. Second-At the special election to be held under this Act, if no other provision for printing or using new Great Registers or Ward Registers shall have in the meantime been made by law, the copies of the Great Registers which were in use in the several counties of this State at the general election held in the year eighteen hundred and seventy-seven Election of each precinct in their respective counties before the day on which said special election is appointed to be held, at least one copy of the aforesaid Great Register. If the Boards of Supervisors cannot otherwise obtain a sufficient number of copies of the Register for the purpose, it must take the copies filed in the office of the County Clerk, in pursuance of section one thousand two hundred and sixty-eight of the Political Code. If the copy of the register which shall be furnished to any precinct shall have been used at a previous election, the character "X" may be used instead of the word "voted," as required by section one thousand two hundred and twenty-eight of the Political Code. It shall not be the duty of the Boards of Election to post copies of the Great Register, as required by section one thousand one hundred and forty-nine of the Political Code. The voter, when he offers his ballot at a polling place, shall not be required to announce his number on the Great Register, as provided for in section one thousand two hundred and twenty-five of the Political Code.

Third-The officers of the several counties of this State, whose duty it is under the law to receive and canvass the returns from the several precincts of their respective counties, as well as the City and County of San Francisco, shall meet at the usual place of meeting for such purpose on the second Monday after said election. If at the time of meeting the returns from each precinct in the county in which polls were opened the returns; but if all returns have not been received, the canvass must be postponed from day to day until all of the returns are received, or until six postponements have been had, when they shall proceed to make out returns of the votes cast for delegates to be members of the out said returns shall be the same as those prescribed for like officers in the case of an election for Governor, except that the returns shall be transmitted to the Secretary of State. The person receiving the highest number of votes at such election shall be elected, except in the case of persons voted for as delegates at large. Of the persons so voted for as delegates at large, the eight persons, residents of any one Congressional District, who shall have received a plurality of votes over all other perdeclared elected such delegates at large.

SEC. 2. The number of delegates to be chosen to such Convention shall be one hundred and fifty-two, to be apportioned as follows: The Counties of San Diego and San Bernardino shall jointly elect one delegate; the County of San Diego shall elect one delegate; the County of San Bernardino shall elect one delegate; the County of Los Angeles shall elect three delegates; the Counties of Santa Barbara, Ventura, and San Luis Obispo shall each elect one delegate; the Counties of Tulare, Kern, and Fresno shall elect one delegate each; and the Counties of Mono and Inyo shall elect one delegate; the Counties of Mariposa, Merced, and Stanislaus shall jointly elect one delegate; the Counties of Mariposa and Merced shall jointly elect one delegate; the County of Stanislaus shall elect one delegate; the Counties of Santa Cruz, Monterey, and San Benito shall jointly elect one delegate; the County of Santa Cruz shall elect one delegate; the County of Monterey shall elect one delegate; the County of San Benito shall elect one delegate; the County of Santa Clara shall elect five delegates; the City and County of San Francisco shall elect at large thirty delegates; the City and County of San Francisco at large, jointly with the County of San Mateo, 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 Contra Costa and Marin shall jointly elect one delegate; the County of Contra Costa shall elect one delegate; the County of Marin shall elect one delegate; the Counties of San Joaquin and Amador shall jointly 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 Tuolumne and Calaveras shall jointly elect one delegate; the County of Tuolumne shall elect one delegate; the County of Calaveras shall elect one delegate; the County of Sacramento shall elect five delegates; the Counties of Solano and Yolo shall jointly elect one delegate; the County of Solano shall elect three delegates; the County of Yolo shall elect one delegate; the Counties of Napa, Lake, and Sonoma shall jointly 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 of Sonoma shall elect four delegates; the County of Placer shall elect two delegates; the Counties of El Dorado and Alpine shall jointly elect two delegates; the County of El Dorado shall elect one delegate; the Counties of Nevada and Sierra shall jointly elect one delegate; the County of Nevada shall elect four delegates; the County of Sierra shall elect one delegate; the Counties of Yuba and Sutter shall jointly elect one delegate; the County of Yuba shall elect two delegates; the County of Sutter shall elect one delegate; the Counties of Butte, Plumas, and Lassen shall jointly elect one delegate; the Counties of Plumas and Lassen shall jointly elect one delegate; the County of Butte shall elect two delegates; the Counties of Mendocino, Humboldt, and Del Norte shall jointly elect one delegate; the County of Humboldt shall elect one delegate the County of Mendocino shall elect one delegate; the County of Del Norte shall elect one delegate; the Counties of Siskiyou, Modoc, Trinity, and Shasta shall jointly elect one delegate; the Counties of Siskiyou and Modoc shall jointly elect one delegate; the Counties of Trinity and Shasta shall jointly elect one delegate; the County of Tehama shall elect one delegate; the County of Colusa shall elect one delegate; and thirty-two (32) delegates shall be elected by the State at large, eight (8) residents of each Congressional District.

Fourth-The Secretary of State shall, as soon as the returns of said election shall be received by him, or within twenty days after said election, in the presence of the Governor and Controller of State, open and compute all the returns received of votes given for members of the Convention, and the Governor shall forthwith issue his proclamation, declaring the names of the persons who have been chosen members of said Convention. SEC. 5. The delegates so chosen shall meet in Convention in the Assembly Chamber at the Capitol, in the City of Sacramento, on the twenty-eighth day of September, eighteen hundred and seventy-eight, at twelve o'clock м. They shall by a viva voce vote, and the vote shall be entered on the Journal, elect one of their number President, and such Secretaries and other officers as they may deem necessary. After the said Convention has met and organized, it shall have power to adjourn to and hold its meetings at any place in said City of Sacramento other than the said Assembly Chamber, and all committee rooms of the State Capitol building shall be under the control of said Convention. The President of the Convention may appoint not exceeding one Doorkeeper and four Pages. The Convention may select Phonographic Reporters, and fix the amount of their compensation; also a Sergeantat-Arms and one Assistant. The delegates to the Convention shall receive the same per diem and mileage as members of the Legislature; provided, no compensation shall be allowed delegates after the expiration of one hundred days. No pay shall be allowed for any recess longer than three days at one time. The Secretary shall receive eight dollars per day, and his assistants each six dollars per day, and the Doorkeepers, 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

SEC. 3. All persons entitled by law to vote for members of Assembly shall be entitled to vote at such election in their respective election districts, and not elsewhere. Such election shall be by ballot.

SEC. 4. The following regulations shall apply to the aforesaid election, to be held on the third Wednesday in June, A. D. eighteen hundred and seventy-eight:

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 in 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 said Convention shall order or require for its use from time to time while in session. It shall be the duty of the Secretary of State to furnish 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 adopt such rules and regulations for its own government as a majority of its members may determine, and said Convention shall be the judge of the election and qualification of its own members.

SEC. 10. All the printing necessary for the said Convention, under the provisions of this Act, shall be done and performed at the State Printing Office.

SEC. 12. The sum of one hundred and fifty thousand dollars, or so much thereof as may be necessary, is hereby appropriated out of any money in the State treasury to pay the expenses of the Convention provided for in this Act. SEC. 13. This Act shall take effect immediately.

PROVISIONAL ACT.

AN ACT TO PROVIDE FOR THE PUBLICATION OF THe Debates and Proceed-
INGS OF THE CONSTITUTIONAL CONVENTION OF THE STATE OF CALIFORNIA.
[Approved March 31st, 1880.]

SEC. 6. A journal of the proceedings of the said Convention shall be 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 kept open, except when the public welfare shall require secrecy. Every delegate to the Convention shall have the like privileges from arrest and from civil process as members of the Legislature now have by law. For any speech or debate in the Convention the delegates shall not be questioned in any other place. The Convention shall have the power to 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 be expelled until the report of a committee appointed to inquire into the facts alleged as the grounds of his expulsion shall have been made. The Convention shall have the power to punish as a contempt, and by imprisonment or otherwise, a breach of his privileges, or of the privileges of its members; but such power shall not be exercised, except against persons guilty of one or more of the following offenses:

do enact as follows:

SECTION 1. The State Board of Examiners are hereby authorized and directed to enter into a contract with E. B. Willis and P. K. Stockton, for the transcription into long-hand writing of the short-hand notes taken by said E. B. Willis and P. K.. Stockton, of the proceedings, transactions, and debates of the Constitutional Convention which assembled on the twenty-eighth day of September, A. D. eighteen hundred and seventy-eight, in the City of Sacramento.

First-The offense of arresting or subjecting a member or officer of the Convention to civil process, in violation of his privilege from arrest, as heretofore declared. 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. Third-That of publishing any false and malicious report of the proceedings of the Convention, or of the conduct of a member in his delegated capacity.

Fourth-That of refusing to attend or be examined as a witness, either before the Convention or a committee to take testimony in the ings of the Convention.

SEC. 2. The contract entered into by and between the said Board of Examiners and the said E. B. Willis and P. K. Stockton, shall stipulate hand writing of the transactions and debates had in the Constitutional Convention and in the Committee of the Whole of said Convention. And the compensation to be paid to the said E. B. Willis and P. K. Stockton for such transcription shall be twenty cents per folio of one hundred words; provided, that the entire amount to be paid for said proceed-transcribing the entire transactions and debates of the said Convention, and of the Committee of the Whole of said Convention, shall not exceed the sum of eighteen thousand dollars; and provided further, that the said Board of Examiners shall not be required to receive and examine manuscripts covering less than five thousand folios, or audit any claim for less than one thousand dollars at one time, and shall not authorize the payment of more than seventy-five per cent. of any claim audited or allowed, until the entire work of transcription shall have been completed and placed in their hands.

Fifth-That of giving or offering a bribe to a member, or of attempting by menace or any other corrupt means or devise, directly or indirectly, to control or influence a member in giving his vote, or to prevent him from giving the same.

In all cases in which the Convention shall punish any of its members, or officers, or any other person, by imprisonment, such imprisonment shall not extend beyond the session of the Convention. Every person appointed to the office of Secretary of the Convention, shall, before he enters on the duties of his office, execute a bond to the people of the State, with such security as the Controller shall approve, in the penal sum of five thousand dollars, conditioned that he shall faithfully perform the duties of his office and account for all moneys which may come into his hands by virtue thereof.

SEC. 3. The transcription of the said short-hand notes shall be made of the proceedings of consecutive days of the said Convention, beginning with the first day, and all installments of manuscripts delivered to the said Board of Examiners shall be of continuous and consecutive days' proceedings, in plain, legible, long-hand copy, properly prepared for the printer; provided, that either House of the Legislature shall, upon the sub-passage of this bill, be entitled to call for a transcription of such parts of the transactions and debates of the said Constitutional Convention, and of the Committee of the Whole thereof, as may be designated in a resolution calling for said transcription, and the transcription called for by either House shall be made and furnished without delay; but the manuscript of transcription called for by either House shall be returned to said Willis and Stockton, but shall not be by them presented to the Board of Examiners until they are reached in their proper connection by a consecutive transcription of the short-hand notes.

SEC. 4. Said Willis and Stockton shall verify the transcription of the report presented by them to said Board of Examiners, by an oath to be administered by the Governor.

SEC. 7. The Constitution framed by such Convention shall be mitted by the Convention to the people, for their adoption or rejection, at a special election to be held on the first Wednesday of May, eighteen hundred and seventy-nine, and every person hereby entitled to vote for delegates may vote at that election, on such adoption or rejection, in the election district in which he shall then reside, and not elsewhere. The said Constitution shall be voted on as a whole; no other question than the adoption or rejection of the proposed Constitution shall be submitted to the people, or voted on at such election, any statutes or law to the contrary notwithstanding. The Convention shall prescribe the publication of such Constitution, and the notice to be given of the election. The ballots or tickets shall have printed or written upon 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 four of this Act shall also apply to said election. The canvassing and returns of the votes cast upon such question shall, in such manner as the Convention shall direct, be certified to the Executive of the State, who shall call to his assistance the Controller, Treasurer, and Secretary of State, and compare the votes as certified to him. If, by such an examination, it is ascertained that a majority of the whole number of votes cast at such election be in favor of such new Constitution, the Executive of this State shall, by his proclamation, declare such new Constitution to be the Constitution of the State of California, and that it will take effect at such time as the said Convention may have in its discretion, by resolution, or in said Constitution itself, fixed. If said Convention fix no time for said Constitution to take effect, then it shall take effect immediately upon such proclamation being made.

SEC. 6. The State Board of Examiners shall cause to be printed, at the State Printing Office, such numbers of copies of the said reports of the proceedings, transactions, and debates of said Convention as may be by them deemed advisable, under the direction of the Superintendent of Public Printing, at a cost which shall not exceed the sum of eighteen thousand dollars. The Board of Examiners shall copyright said publication, to the end that the State may be protected. Such copies, when printed, shall be placed in the hands of the Secretary of State, who shall dispose of them as follows, to wit: Ten full sets of volumes shall be filed in the State Library, for the use of members of the Legislature; one set shall be sent to the State Library of each of the States which have furnished the State Library of this State with volumes of the transactions and debates of the Constitutional Conventions held in such 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-in 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.

CONSTITUTIONAL CONVENTION.

SATURDAY,

SACRAMENTO, CALIFORNIA.

IN CONVENTION.

FIRST DAY.

SACRAMENTO, Saturday, September 28, 1878. Pursuant to an Act of the Legislature of the State of California, entitled "An Act to provide for a Convention to frame a new Constitution for the State of California," approved March 30th, 1878, the delegates elect to said Convention met in the Assembly Chamber of the State Capitol this day, at 12 o'clock M., His Excellency Governor William Irwin presiding.

Upon calling the Convention to order, Governor Irwin said: The hour having arrived for the meeting of the Constitutional Convention to frame a Constitution for the State of California, all persons 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 names are mentioned in that proclamation will please take the seats assigned them by the Secretary of State.

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 electors at the next election for members of the Legislature to vote for or against a Convention; and if it shall appear that a majority of the electors voting at such election have voted in favor of calling a Convention, the Legislature shall, at its next session, provide by law for calling a Convention, to be holden within six months after the passage of said

law."

At the Legislature of 1875-6 two thirds of both branches voted to recommend to the people of the State to vote for calling a Convention to amend or revise the Constitution. At the next general election a majority of those voting voted to call the Convention.

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In pursuance of this section of the Constitution, the last Legislature passed an Act calling this Convention. In that Act it is provided as follows: "It shall be the duty of the Governor to attend said Convention at the opening thereof, and to administer the constitutional oath of office to the delegates, and preside at all meetings thereof until a President has been elected and taken his seat; and the Governor shall have neither the casting vote nor any other vote therein. The Secretary of State shall also attend at the opening of the Convention, and call the roll of delegates."

In pursuance of the power conferred by this Act of the Legislature, I have now called this Convention to order, and I will direct the Secretary of State, Mr. Beck, to proceed and call the roll of delegates. Delegates

will answer to their names as the roll is called.

The Secretary of State, Hon. Thomas Beck, then called the roll, and the following delegates answered to their names:

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Overton,

SEPT. 28, 1878.

Smith, of 4th District, Van Dyke, Smith, of San Francisco, Van Voorhies, Soule,

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Stedman, Steele,

Stevenson,

Stuart, Sweasey,

Swenson,

Swing, Tinnin,

Townsend,

Tully, Turner, Tuttle,

Reynolds, Rhodes, Ringgold, Rolfe, Schell, Schomp, Shafter, Shoemaker, Shurtleff,

Smith, of Santa Clara, Vacquerel,

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Walker, of Marin,

Walker, of Tuolumne,

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George M. Hardwick, deceased.

GOVERNOR IRWIN. The members of the Convention have all responded to their names, except four; there being a majority of the Convention present we will proceed to the next business in order, which will be to swear in the members. The Secretary will call the names of members in groups of four, in alphabetical order, and when their names are called members will come forward and take the constitutional oath

of office.

Delegates then came forward in groups of four to the right of the President's desk, and took and subscribed to the following oath: "I do solemnly affirm that I will support the Constitution of the United States and the Constitution of the State of California; and that I will faithfully discharge the duties of the office of member of the Convention to frame a new Constitution for the State of California according to the best of my ability."

The delegates subscribed to the oath in the following order:
A. R. Andrews,
James J. Ayers,
Clitus Barbour,

W. H. L. Barnes,
Edward Barry,
James N. Barton,
C. J. Beerstecher,
Isaac S. Belcher,
J. Berry,
Peter Bell,
Marion Biggs,

E. T. Blackmer,
Augustus H. Chapman,
James Caples,
John D. Condon,
D. H. Cowden,
J. M. Charles,
Charles W. Cross,
P. T. Dowling,
Hamlet Davis,
James E. Dean,
Rob. Crouch,
Josiah Boucher,
P. Dunlap,
Jonathan M. Dudley,
Luke Doyle,
W. L. Dudley,
Morris M. Estee,
T. H. Estey,
John A. Eagon,
Henry Edgerton,
Edward Evey,
J. A. Filcher,
Eugene Fawcett,
S. J. Farrell,

Chas. G. Finney, Jr.,
Eugene Casserly,
J. Richard Freud,
J. C. Gorman,
W. P. Grace,
J. B. Garvey,
B. B. Glascock,
J. E. Hale,
W. J. Graves,
Jno. S. Hager,

S. B. Burt,
A. C. Freeman,
W. F. Huestis,

T. D. Heiskell,
Conrad Herold,
D. W. Herrington,
G. W. Hunter,
V. E. Howard,
William P. Hughey,
J. P. Hoge,
S. A. Holmes,
J. R. W. Hitchcock,
S. G. Hilborn,
P. J. Joyce,
J. M. Kelley,
L. F. Jones,
George A. Johnson,
T. H. Laine,
Charles R. Kleine,
James H. Keys,
Bernard F. Kenny,
Henry Larkin,
Hugh M. Larue,
R. M. Lampson,
H. C. Boggs,
John Mansfield,
John F. Lindow,
Raymond Lavigne,
David Lewis,
Thomas McConnell,
Rush McComas,
John G. McCallum,
Edward Martin,
John F. McNutt,
Thos. Bond McFarland,
Jno. F. Miller,
John McCoy,
Wm. S. Moffat,
H. Mills,
Lucius D. Moss,
W. W. Moreland,
James E. Murphy,
Henry Neunaber,
Thorwald Nelson,
Edmund Nason,

William H. Prouty,
A. P. Overton,
J. M. Porter,

M. R. C. Pulliam,
James S. Reynolds,
Patrick Reddy,
Jno. M. Rhodes,
Charles F. Reed,
J. Schomp,
C. S. Ringgold,
H. C. Rolfe,
George W. Schell,
E. O. Smith,
Benj. Shurtleff,
J. McM. Shafter,
Rufus Shoemaker,
E. P. Soule,
H. W. Smith,
Geo. Venable Smith,
John C. Stedman,
W. J. Sweasey,
Geo. Steele,
Chas. V. Stuart,
F. O. Townsend,
Chas. Swenson,
R. S. Swing,
W. J. Tinnin,
P. B. Tully,
A. P. Vacquerel,
Daniel Tuttle,
Henry K. Turner,
Walter Van Dyke,
W. Van Voorhies,
Jno. Walker,
Hugh Walker,
Joseph R. Weller,
P. M. Wellin,
J. V. Webster,
Byron Waters,
John T. Wickes,
Wm. F. White,
H. C. Wilson, (Tehama)
John P. West,

Samuel M. Wilson,
Jos. W. Winans,

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MR. DUDLEY, of San Joaquin. I move now that the Convention adjourn until Monday morning at eleven o'clock, in order that members may have an opportunity to confer with each other in regard to the organization.

GOVERNOR IRWIN. Mr. Dudley moves that the Convention now adjourn until eleven o'clock on Monday. MR. HUESTIS. I second the motion. MR. BEERSTECHER. I move to amend that resolution so that it will read that we do now adjourn until three o'clock this afternoon to assemble here and proceed to business. MR. FREUD. I second the motion. GOVERNOR IRWIN. The question comes on the amendment to the motion to adjourn until Monday at eleven o'clock. The amendment is that the Convention adjourn until three o'clock this afternoon. The question was put, and before the Chair decided MR. BEERSTECHER demanded the ayes and noes.

GOVERNOR IRWIN, It requires three to call for the ayes and noes. MESSRS. O'SULLIVAN and WHITE called for the ayes and noes. GOVERNOR IRWIN. Do you understand the question? The original motion was that the Convention adjourn to meet at eleven o'clock on Monday. To this an amendment is offered to adjourn until three o'clock this afternoon. The question now is on the adoption of the amendment. Those in favor of the amendment will say "aye" as their names are called, and those opposed “no.”

MR. HAGER. I move to amend the amendment by substituting twelve o'clock on Monday.

GOVERNOR IRWIN. It is the opinion of the Chair that action on the adjournment to the shortest period will take precedence.

MR. HAGER. Not by any general rule we have before us. We have adopted no rule. Ordinarily in legislative bodies they have such a rule that a motion to adjourn to the shortest period shall be put first, but that is by an express rule of that body, not by any general parliamentary

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 privilege of appealing from the decision of the Chair.

GOVERNOR IRWIN. The Chair has not finally decided. The Chair will decide in due time.

MR. HAGER. Then I might reply that the gentleman himself is out of order, as there is no rule that applies to him. I presume that the correct rule would be to put the propositions as they regularly come up. If I should offer a substitute which would be allowed by parliamentary rule, I might offer as a substitute that we adjourn to another period. 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 the amendment they will vote it down, and the question will then come on the motion to adjourn until eleven o'clock on Monday. The question is now on the amendment offered by the gentleman from San Francisco, Mr. Beerstecher, to adjourn until three o'clock this afternoon. The members in favor of the amendment will answer "aye" as their names are called; those opposed will answer "no." The Secretary will call the roll. I beg that members will maintain perfect silence during the call of the roll, otherwise it will be impossible to hear the responses. THE SECRETARY called the first name.

MR. HERRINGTON. I rise to a point of order, and object to the calling of the roll.

GOVERNOR IRWIN. The roll is being called. The gentleman will take his seat. The roll call will proceed.

Charles, Cowden, Crouch,

Walker, of Tuolumne, Wilson, of Tehama,

Webster,

Hall,

Wyatt-57.

NOES.

Ohleyer,

Harvey,

Overton,

Heiskell,

Porter,

Herrington,

Prouty,

Huestis,

Pulliam,

Hilborn,

Reddy,

Hitchcock,

Reed,

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Schell, Schomp, Shafter, Shoemaker,

Shurtleff,

Smith, of Santa Clara,
Smith, of 4th District,
Steele,
Stevenson,
Stuart,
Swing,
Tinnin,
Townsend,
Tully,
Turner,

Van Dyke.

Van Voorhies,

Walker, of Marin,

Waters,

Weller,

Wilson, of 1st District, Winans-89.

During the call of the roll, when MR. HERRINGTON'S name was called he said:

Mr. Chairman, I believe I am now in order.
GOVERNOR IRWIN. How does the gentleman vote?

MR. HERRINGTON. I vote "no," upon the ground that I do not believe that the Chairman of this Convention has any right to adjourn this body.

GOVERNOR IRWIN. The gentleman will please take his seat. The Secretary will proceed with the roll call.

The calling of the roll was then finished.

GOVERNOR IRWIN. Ayes, 57; noes, 89. The Convention refuses to adopt the amendment. The question is now on the original motion, to adjourn until 11 o'clock on Monday.

The motion prevailed, and the Governor, at 1:40 P. M., declared the Convention adjourned until Monday at 11 A. M.

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MR. WHITE. Mr. President: I desire to call the attention of the Convention to a matter which several have spoken to me about. It appears to me, sir, that the law under which we are convened here has made one omission. The Legislature undertook to give us a temporary organization, but they have only gone so far as to say that the Governor shall preside until the permanent President shall have been elected, and they say nothing about the Secretary, except that he shall be present and call 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 the temporary Secretary of this body until the Convention shall have elected a permanent Secretary.

GOVERNOR IRWIN. The Act does not specifically say that he shall continue to act until a permanent Secretary shall have been elected, but it is fairly implied, and is understood. That is the construction that both the Secretary of State and myself have put upon the Act, with reference to his duty, and I suppose he will continue to act.

THE SECRETARY AGAIN.

GOVERNOR IRWIN. Gentlemen of the Convention, the Chair will hold that the law providing for the meeting of this Convention has provided for a provisional organization, and one of these provisions is, according to the construction of the Chair, that the Secretary of State shall act as Secretary of the Convention during the provisional existence of the Convention. That is the ruling of the Chair. If the gentleman who made the motion desires to except to the ruling, the Chair will put 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 that the Convention may give an expression of opinion on it.

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."

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MR. WHITE. Mr. President: I appeal from the decision of the Chair.

MR. O'SULLIVAN. I second the appeal.

GOVERNOR IRWIN. Gentlemen: The ruling of the Chair on this point, to wit, that the Secretary of State is authorized to act without being appointed by the Convention, has been appealed from, and the 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 Convention.

GOVERNOR IRWIN. Yes, sir.

MR. ANDREWS. Does not the Act require that the vote shall be taken by ayes and noes?

GOVERNOR IRWIN. Not on a question of that kind.
The question was put, and the Convention sustained the ruling of the
Chair.

SUBORDINATE OFFICERS.

GOVERNOR IRWIN. The Chair will take occasion to announce that it has appointed the following gentlemen to act during the continuance of the provisional organization: Minute Clerk, A. J. Dobbins; Sergeantat-Arms, J. M. Farrelly; Watchman, James Saltry; Doorkeeper, B. F. Alexander; Porter, Hiram Clock. Their terms of office will expire on the organization of the Convention. I have here, also, a communication addressed to the members of the Convention, which I will pass to the Secretary. It will lie on the table until the Convention shall have been organized.

MR. BARBOUR. I desire to ask about the appointment of these offiGOVERNOR IRWIN. They will continue to act until the Convention shall have been organized.

MR. O'DONNELL. Mr. President: What is the question? MR. ESTEE. Mr. President: I understand that the first business in order 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 order if we had any precedent or any authority under any known parliamentary rules. As it is, I suggest that the first business in order is the election of a President of this Convention. Let us proceed in the usual order, as the statute indicates. Let us proceed to elect a President and then a Secretary of the Convention.

MR. VAN VOORHIES. Mr. President: There are three of the members who have not as yet been sworn in. I think that should be the

first order of business.

MR. MCFARLAND. Mr. President: If there be any doubt as to whether the Secretary of State is entitled to act as Secretary until a permanent Secretary has been elected, it would do no harm for this Convention to declare that he shall act until we shall have elected a permanent Secretary, and I don't see how there can be any objection to it. In my opinion, the resolution should pass.

MR. O'DONNELL. Mr. President: As there seems to be a doubt about the matter, let it be put to a vote of the Convention, and that will settle the matter.

[Cries of "Question, question."]

OTHER DELEGATES.

MR. VAN VOORHIES. Mr. President: If I understand it, we cannot act upon that resolution until these other members are sworn in. GOVERNOR IRWIN. It will be proper for them to be sworn in first. Gentlemen of the Convention, there are some two or three members, I understand, who were not present on Saturday, and have not yet been sworn in, and this matter will remain in temporary abeyance until these three members shall have been sworn in. The matter will lie the table temporarily. The members who have not yet been sworn in will now please come forward and take the oath.

MR. BARBOUR. I wish to know if that is the decision of the Chair, so as to take my appeal and prevent

GOVERNOR IRWIN. I will state to the gentleman that this action was taken by the Chair because it was deemed necessary that such officers should be in existence. For instance, it is desirable to have the minutes of the Convention properly kept. It was necessary to be done, and the Chair, recognizing the necessity, took the responsibility of appointing these officers.

MR. BARBOUR. I desire to know by what law or authority it is done. GOVERNOR IRWIN. Has the gentleman any motion to make?. MR. BARBOUR. Mr. President: I desire to appeal from the ruling of the Chair. MR. TULLY. Mr. President: I move that the Convention now proceed to ballot for President.

MR. MURPHY. I second the motion.

GOVERNOR IRWIN. It is moved and seconded that the Convention proceed

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 Act says it must be viva voce.

MR. BARBOUR. Mr. President: I have a resolution which I desire to offer.

GOVERNOR IRWIN. The question is on taking a ballot for President of the Convention, or taking a vote. The motion has been seconded. Gentlemen, are you ready to proceed to vote for President of the Cononvention?

MR. BEERSTECHER. Mr. President: I object to David S. Terry being sworn in, and base my objections upon thisGOVERNOR IRWIN. The gentleman is out of order.

MR. BEERSTECHER. Section seven of article eleven declaresGOVERNOR IRWIN. The gentleman will take his seat-he is out of order. The law makes it my duty to swear in the persons elected to the Convention. Then any objection to the eligibility of members can be raised. The power to determine who are members rests in the Convention, and not in the Governor, who presides temporarily.

MR. O'DONNELL. Mr. President: I think we have the right to enter our objections

GOVERNOR IRWIN. The gentleman will please take his seat, he is out of order.

MR. O'SULLIVAN. Mr. President: I think so also, and I protest against the gentleman taking his seat.

GOVERNOR IRWIN. The gentleman will take his seat; the gentleman is out of order.

[D. S. Terry, of San Joaquin, Alexander Campbell, Jr., of Alameda, and Daniel Inman, of Alameda, were sworn in and subscribed to the oath of office.]

MR. BARTON. Gentlemen of the Convention: I trust that you will act in this matter in a channel that is proper and respectable, quietly, and not proceed to vote for candidates for President until they have been properly presented to the Convention, thereby giving the members of the Convention an opportunity of knowing who are the candidates. GOVERNOR IRWIN. The question is on proceeding to vote. Are you ready for the question?

The motion was put by the Chair and carried.

MR. BARBOUR. Mr. President: I call for my resolution now. MR. VAN DYKE. Mr. President: I rise to a point of order. GOVERNOR IRWIN. The Convention has just decided to vote now for a President of the Convention. That business is now in order. MR. VAN DYKE. Mr. President: I understand that it is to nominate candidates to be voted for.

GOVERNOR IRWIN. The Convention has just decided to vote. MR. VAN DYKE. Mr. President: As I understand it, the only order of business now is to present names to be voted for.

GOVERNOR IRWIN. That is not strictly in order; every member can vote as he chooses.

MR. VAN DYKE. Mr. President: Would it not be a part of that order of business to present names to be voted for, if any gentleman sees proper to present them?

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