vision of this Constitution by appropriate legislation, and provide by law that the new or amended Constitution shall be submitted to the electors of the State for their approval or rejection. ries of the officers of the government, shall contain no provision on any other subject. The compensation of the members of the General Assembly shall be five hundred dollars each per session, except extra session, and for then they shall each be allowed one hundred dollars, and ten cents a mile in Referred to the Committee on Legislative Department. UNAPPROPRIATED WATERS. SEC. 5. Whenever two thirds of the members elected to each branch Referred to Committee on Future Amendments. EXECUTIVE DEPARTMENT. MR. SCHELL introduced the following proposed amendment to the Constitution, relating to the Executive Department: Resolved, That the following amendment to section fourteen, article five, of the Constitution, be incorporated in the new Constitution: SECTION -. There shall be a seal of the State, to be called "The Great Seal of the State of California," which shall be kept and used by the Governor officially; and the one heretofore in use shall continue to be the great seal of the State. Referred to Committee on Executive Department. CHINESE TAX. MR. O'DONNELL introduced the following proposed amendment to the Constitution, revenue and taxation: Section seventeen, of article first, of the Constitution, is amended as follows: erty as native-born citizens. SEC. 17. Foreigners (of Caucasian descent) who are or who may hereafter become bona fide residents of this State, shall enjoy the same rights in respect to the possession, enjoyment, and inheritance of propSEC. The Legislature shall, by appropriate enactments, discourage the importation of Chinese coolies into the State of California. Section fourteen, of article eleven, of the Constitution, is amended as follows: SEC. 14. Taxation of all property, except articles of Chinese manufacture, shall be equal and uniform throughout the State; all real and personal property, except property owned by Mongolians, shall be taxed in proportion to its value, to be ascertained as directed by law. SEC. 15. No poll tax shall be levied or collected from the citizens of this State, but the Legislature shall have power to provide for the collection of such tax from aliens by law. Referred to Committee on Revenue and Taxation. IMPORTATION OF COOLIES, ETC. MR. O'SULLIVAN introduced the following proposed amendment to the Constitution, relative to the importation of coolies, criminals, paupers, lepers, and immoral women prohibited. SECTION Importations of persons under the name of "coolies," or any other designation, or the adoption of any other system of peonage whereby the helpless and unfortunate may be reduced to practical bondage, shall never be authorized or tolerated by the laws of this State. SEC. Persons engaging in the importation of "coolies," or men or women bound by contract to labor or service for a specified time, shall be deemed guilty of felony; and persons employing such "coolies," by contract, to labor for a specified time in this State, shall also be deemed guilty of felony. SEC. Every contract whereby the compensation for the labor of any person is made payable to any person, company, or corporation, other than the one performing the labor, is hereby declared void; provided, that it shall be lawful for parents to secure for themselves and receive the wages of their minor children. SEC. The importation of criminals, paupers, lepers, and immoral women from foreign countries is forever prohibited. And any ship, the captain and owner of any ship, and the consignees of the same, shall be held responsible for an infraction of this provision, and must. transport back to the port whence they were brought said foreign criminals, paupers, lepers, and immoral women. The Legislature, at the first session after the adoption of this Constitution, shall provide, by suitable enactments, for the effectual enforcement of the provisions of sections Referred to Committee on Legislative Department. institutions: EMPLOYMENT OF CHAPLAINS. and MR. O'SULLIVAN introduced the following proposed amendment to the Constitution, prohibiting the employment of Chaplains in State SECTION No person shall ever be employed as a Chaplain in any department of the State Government, or in any of the public institutions of this State; and no money shall ever be appropriated out of the State treasury for the payment of persons to recite prayers or to give religious teaching of any character. Referred to Committee on Legislative Department. APPROPRIATIONS. MR. EVEY introduced the following proposed amendment to the Constitution, relative to the Legislative Department: All bills making appropriations of money out of the treasury for the pay of members and officers of the General Assembly, and for the sala MR. BROWN introduced the following proposed amendment to the Constitution, relative to the unappropriated waters of the lakes and rivers of this State: Resolved, That the unappropriated waters of the lakes and rivers of this State belong to the public, and such waters may be appropriated by individuals and companies. Priority of appropriation of water entitles individuals or companies to a priority of right to the amount of water appropriated by them. The uses of waters shall be controlled by legislative enactments. Referred to the Committee on Water and Water Rights. UNIFORM TAXATION. MR. GRACE introduced the following proposed amendment to the Constitution, in relation to revenue and taxation: Taxation shall be equal and uniform throughout the State; all property in the State, not exempt under the laws of the United States, shall be taxed in proportion to its value, to be ascertained as provided by law. The word property," as used in this article and section, is hereby declared to include moneys, notes secured by mortgage or otherwise, credits, bonds, stocks, dues, franchises, and all other matters and things capable of being converted into money, either real or personal. Referred to Committee on Revenue and Taxation. FRANCHISE. MR. SWEASEY introduced the following proposed substitute for section one, article two, of the present Constitution: Every citizen of the United States, of the age of twenty-one years, who shall have been a resident of this State one year next preceding the election, and the county or district in which he or she resides for the term of ninety days, shall be entitled to vote at all elections which are now or may be hereafter authorized by law; provided, that no Court in this State shall issue any naturalization papers within thirty days of any general election. SEC. 7. That the Legislature shall pass and amend, from time to time, such laws as may be necessary to preserve the purity of elections and the free exercise of the vote by ballot. Referred to the Committee on Right of Suffrage. LEGISLATIVE DEPARTMENT. MR. GORMAN introduced the following proposed amendment to the Constitution, relative to the Legislative Department: The Legislature shall pass such laws governing counties, cities, towns, and other corporations, as will restrict their powers of taxation, borrowing money, and contracting debts and loaning their credit so as to prevent abuses in taxation, and all propositions for extraordinary debts shall be, by consent of the people, expressed through the ballot-box. Referred to Committee on Legislative Department. ELECTION OF UNITED STATES SENATORS. MR. GRACE introduced the following proposed amendment to the It shall be the duty of the Legislature to provide for all MR. HUESTIS introduced the following proposed amendment to the Constitution, concerning the jury system: Resolved, That the following provision be adopted in that article of the Constitution which relates to the jury system: SECTION The right of trial by jury shall be inviolate in all cases of felony, in such cases of misdemeanor as the Legislature may determine, in all civil actions sounding in tort, and in all cases arising from breach of contract, where punitory or exemplary damages are sought to be recovered. In all actions, civil and criminal, six persons shall constitute a full jury. The Legislature shall fix and determine the character and qualifications of jurors, and the number whose concurrence shall be necessary to render a verdict in civil actions. Juries may be waived in all cases, civil or criminal. Referred to the Committee on Preamble and Bill of Rights. PRIVILEGES AND ELECTIONS. MR. LAVIGNE introduced the following proposed amendment to the Constitution, in relation to privileges and elections: Resolved, That no person shall be elected or appointed to any office in this State, civil or military, who is not a citizen of the United States, and who shall not have resided in this State one year next preceding to to the public concerning the condition and merit of mines incorporated the election or appointment. under the mining laws of California. Referred to Committee on Mining. Referred to the Committee on Privileges and Elections. WATER RIGHTS. MR. LAVIGNE introduced the following proposed amendment to the Constitution, in relation to water rights: Resolved, That the Legislature shall provide for reasonable rates to be charged for the use of the water taken from natural lakes and streams by individuals or corporations. Referred to the Committee on Water Rights. TAXATION OF STOCK. MR. J. WEST MARTIN, of Alameda, introduced the following proposed amendment to the Constitution, relative to the exemption of indemnity capital stock of corporations from taxation: Resolved, That the capital stock of savings bank corporations, where the same constitutes a guarantee capital that cannot be withdrawn or diminished until all trusts and deposits are fully paid and discharged, shall not be taxed. Referred to the Committee on Corporations. TAX ON CHINESE. MR. O'DONNELL introduced the following proposed amendment to the Constitution, relative to the Chinese: SECTION -. The Legislature shall provide by law for the exclusion of aliens of Asiatic descent from this State, and for that purpose may impose such taxes upon the Chinese population as they may deem expedient, and may provide such other measures as they may deem necessary to discourage Asiatic immigration. Referred to Committee on Legislative Department. CORPORATIONS. MR. O'DONNELL introduced the following proposed amendment to the Constitution, relative to corporations: TAXATION. MR. HOWARD introduced the following proposed amendment to the Constitution, in relation to taxation: WHEREAS, It is estimated that nearly one sixth of the value of the entire property of the United States is invested in United States bonds, or evidences of debt, exempt from taxation by an Act of Congress, but as the exemption does not extend to the profits accruing on the bonds; therefore, ARTICLE. SECTION 1. The Legislature shall impose an income tax on all United States bonds held or owned by citizens or residents of the State. SEC. 2. The Legislature shall provide for an income tax on money loaned on mortgage, or other evidence of debt, to be paid by the creditor only, but the owner of the property mortgaged shall be assessed on the same on the value, after deduction of the amount of the mortgage. SEC. 3. The Legislature shall impose an income tax on all State, county, and municipal bonds. SEC. 4. The Legislature shall provide for a tax upon corporations on the franchise and the income received, and the separate property of the corporation. SEC. 5. On all lands not necessary for the business of the corporation, which have been received from the Federal or State Governments as subsidies, the Legislature shall impose an increased or progressive tax Referred to the Committee on Revenue and Taxation. ADJOURNMENT. of per cent. MR. INMAN. I move that when this Convention adjourns, it adjourn to meet to-morrow morning at ten o'clock. MR. EDGERTON. I ask the gentleman to withdraw that motion and allow me to introduce a resolution which, if adopted, will cover his MR. INMAN. I would like to get to work in the committees. MR. BIGGS. I see we have a special order for two o'clock to-day, and we must attend to it. SECTION views. Every association or corporation doing an insurance business, or issuing policies of insurance upon real estate, shall be required by law to pay to the insured the full amount of losses sustained by him upon any property insured, not exceeding the full amount mentioned in policy of insurance. Referred to Committee on Corporations other than Municipal. CONTENTS AND ORDER OF THE CONSTITUTION. MR. MCCONNELL introduced the following resolution, relative to contents and order of the articles of the Constitution: MR. INMAN. I withdraw my motion. ARRANGEMENT OF BUSINESS. MR. EDGERTON offered the following: Resolved, First, that after this day, and until Wednesday, the twenty-third day of the present month, all that part of rule seventeen after the sixth order of business Resolved, That the Constitution framed by this Convention, when such twenty-third instant, the Convention adjourn each day immediately after conbe and the same is hereby suspended; second, that from and after this day, and until complete, shall consist of fourteen articles, entitled as follows: Articlecluding the sixth order of business, for the purpose of enabling the standing comOne-Bill of Rights; Article Two-Right of Suffrage and Election; mittees to consider the subjects referred to them and to mature a plan of action Article Three-Distribution of Powers; Article Four-Legislative De-concerning the same; third, that immediately after such acjournment said compartment; Article Five-Executive Department; Article Six-Judicial that on such twenty-third instant, or sooner if practicable, they report such plan to mittees proceed to hold daily sessions for the disposal of the business before them, and Department; Article Seven-Militia; Article Eight-Taxation and the Convention for its action. Finance; Article Nine-Municipal Corporations; Article Ten-Private Corporations; Article Eleven-Education; Article Twelve-Mode of MR. EDGERTON. That rule, if adopted, will be our order of busiAmending and Revising the Constitution; Article Thirteen-Miscel-will be the order of business: "Roll call; reading and approval of the ness until one week from to-morrow. After to-day we meet, and this laneous Provisions; Article Fourteen-Schedule. And that any pro- Journal; presentation of petitions and memorials; communications from vision reported to this Convention from a committee shall be marked by State officers; reports of standing committees; and reports of select comsuch committee to take its place as a section in an appropriate article. Referred to Committee on Preamble and Bill of Rights. mittees." It suspends the remainder of the rule. It also temporarily suspends another rule-I forget which it is, now-which provides that each standing committee shall report within fifteen days from the day APPORTIONMENT AND REPRESENTATION. MR. STRONG introduced the following proposition, in relation to representation and apportionment: SEC. 29. The Senators and members of the Assembly provided for in this Constitution shall be apportioned among the several counties and districts to be established by law, according to the number of inhabitants; provided, however, that in any and all apportionments made under this Constitution, each and every county of the State shall be entitled to at least one representative in the Assembly. Referred to Committee on Apportionment and Representation. SUFFRAGE. MR. MCCOMAS introduced the following proposed amendment to the Constitution, proposing a new section for the Constitution, in relation to suffrage: SECTION. Suffrage is hereby declared to be a duty of citizenship, which shall be enforced by proper legislation. Referred to Committee on Right of Suffrage. STOCK DEALING. MR. DOWLING introduced the following proposed amendment to the Constitution, entitled "A proposition to authorize the State to bridle stock swindling:" SECTION All mining, railroad, water, gas, bank, or other incorporated company's stock, incorporated under and in compliance with the incorporation laws of this State, shall be considered negotiable paper. All stockholders of any incorporated company under the laws of this State shall be entitled to a vote or voice in the management of the same, and shall also be permitted to examine the condition of the property. SEC.. Referred to Committee on Corporations. MINING BUREAU. MR. DOWLING introduced the following proposed amendment to the of reference. THE PRESIDENT. Rule twenty. adopted it will greatly facilitate the business of this body. MR. HERRINGTON. I rise to a point of order. The proposition is THE PRESIDENT. The point of order is not well taken. MR. EDGERTON. This rule provides merely for the temporary suspension of these rules until next Wednesday. The resolution also conveys the instruction that immediately upon the adjournment the committees go to work during the daytime and perfect and mature some plan of action by that day, or sooner if practicable. Now the resolution does not preclude any gentleman from sending to the desk any proposition that he has in his mind. It facilitates the business of the Convention in this, that, if the committee covers the views of any gentleman, it saves him the necessity or the trouble of sending up a proposition. If it does not, any gentleman, either in Committee of the Whole, or afterwards in Convention, can send up any proposition he pleases by way of amendment to the plan reported. Such a mode of procedure was adopted, I believe, in the Convention in Pennsylvania. After the propositions were received, I think they broke up for some fifteen or twenty days, to give the various committees an opportunity to look over the various propositions and out of them to extract some plan and present it for the action of the Convention. I hope the resolution will be adopted. MR. VAN DYKE. I entirely agree with the proposition in this resolution. I think it will expedite the transaction of our business. Our committee has met three evenings and there is a rule that prevents us The Legislature shall provide for the creation of a Min-meeting during the session of the Convention, and some of our members are on other committees, and it will be utterly impossible for the com ing Bureau, whose duty it shall be to give true and authentic information mittee to discharge their duties unless the Convention takes a recess MR. INMAN. I have no objection to reporters coming into any comduring the day. mittee-room, and I don't want to be misunderstood, but I deny the right MR. BEERSTECHER. As there is a special order of business for two of this Convention to say who shall be there as reporters. It is a thing o'clock, namely, the consideration of the resolution offered by the gen-unheard of. I am not ashamed of what I do any more than the gentletleman from San Francisco, Mr. Winans, I therefore move the resolu- man. I am perfectly willing that this State shall know. I am not a tion offered by the gentleman from Sacramento, Mr. Edgerton, be made stickler for any proposition and I hope that this Convention will take the special order of business at three o'clock this afternoon. That will that view of it. I do not care who knows what I do. I don't do anygive each member an opportunity of considering the subject until that thing in the dark and I don't suppose any gentleman proposes to. time. MR. ROLFE. I am not ashamed of anything I do, but I do not believe in this Convention prescribing a rule for these committees that was not prescribed for the Convention by the Legislature. The Legislature, in its wisdom. has provided in the statute that its sessions shall be open, except when the Convention shall be disposed to hold secret sessions. I The motion prevailed. CLERK. MR. EDGERTON offered the following resolution: is actually employed. Resolved, That the Committee on Revenue and Taxation be and is hereby author-do not suppose that there is a legislative body in the United States but ized to employ a clerk at a compensation of five dollars per day for each day that he what has the same provision. It is the practice in the Congress of the United States. I do not propose to hold any secret sessions, but I am opposed to prescribing a rule to the committees of this Convention which is not prescribed to the Convention itself. It was referred to the Committee on Contingent Expenses. NIGHT WATCHMAN. Mr. DUNLAP offered the following resolution: persons enter the same. Resolved, That the President of this Convention appoint a Night Watchman, whose duties shall be to take charge of this chamber, and see that no unauthorized Said Night Watchman shall not permit any books or papers to be taken from members' desks without orders from the owners thereof. Said Night Watchman shall receive the same compensation as is now paid to the Door keepers of this Convention. MR. TINNIN. That question has been up once before, and it is an established rule of this Convention that all matters of this kind shall go to the Committee on Contingent Expenses. I hope that the Convention will not depart from that rule. THE PRESIDENT. The subject has been referred and reported back to the Convention. MR. HILBORN. There was some resolution of this kind which was referred to the Committee on Contingent Expenses. They reported COST OF PRINTING. MR. BARTON offered the following resolution: Resolved, That the Superintendent of State Printing be requested to furnish this Convention, at the earliest day possible, a statement showing the cost to date of printing the resolutions and propositions relating to the new Constitution that have been presented to this Convention. MR. FILCHER. In order that the resolution may not be mandatory and yet arrive at an expression, I move to amend the resolution so that it shall read: "It is the sense of this Convention that the meetings of the standing committees should be open to reporters." Then if any committee should choose not to admit reporters, that committee itself will be responsible for its action and not this Convention. If, on the other hand, a committee should choose to admit them, it would be privileged to do so. I would like to have an expression of this body on to so change the resolution as to read: "Resolved, that it is the sense of that subject, and to arrive at that expression, I would ask the gentleman this Convention that the meetings of the standing committees should be open to reporters." MR. BEERSTECHER. I accept the amendment. MR. GREGG. I move to lay the whole proceeding on the table. MR. ESTEE. I would like to have it include, also, the Constitu tional Club organized by my colleagues, the delegates from San Fran- MR. BARTON. I move its adoption. MR. BEERSTECHER. I move that it be referred to the Committee Burt, on Printing. The resolution was adopted. Keyes, Lampson, Larue, Lewis, Schomp, Stevenson, Swing, Terry, Dudley, of San Joaquin, Mansfield, Thompson, Martin, of Alameda, Townsend, Resolved, That the accredited newspaper reporters and correspondents of the press reporting the proceedings of this Convention be privileged to be present at all regular meetings of standing committees. Estey, Finney, McFarland, McNutt, Mills, Ayers, MR. BEERSTECHER. I move the adoption of that resolution. 1Gregg, understand that some of the regular accredited reporters have been Hale, denied admission to the committee rooms; and I hope that the newspaper reporters and the newspaper correspondents will have the privilege of entering to any of the committee rooms and attend the deliberations of every committee of this body, in order that the work of this Convention may be given to the people at large; and the only way to do that is to allow the newspaper reporters and the newspaper Caples, correspondents full liberty and full privilege of attending the meetings Condon, of this Convention, both as a whole or in committee; and I move the adoption of the resolution. MR. INMAN. It seems to me that belongs to the committees. Each committee has a right to decide for itself. I have no objection to the reporters being in any committee where I am, but it is not a question that belongs to the Convention. MR. VAN DYKE. I would like to have an expression of the Con vention. Cross, NOES. Turner, Van Voorhies, Walker, of Tuolumne, Wilson, of Tehama, Herrington, Howard, Hughey, Hunter, Joyce, Kenny, Smith, of San Francisco, MR. EDGERTON. I hope the resolution, with all respect to the author, will not be adopted. It certainly misconceives the very object of these committees. They are designed for the purpose of private Grace, 'deliberation and consultation; for informal interchange and comparison Harrison, of views; and many things occur in committee that are perfectly proper Heiskell, that no gentleman desires to have in the newspapers. I never have Herold, heard of such proceedings in a deliberative body. MR. GRACE. I don't want anything to pass through these committee-rooms or through this body but what the public may know. Everything that I do, or that any delegate does, I think the world is entitled to know it, and I am in hopes that the reporters will be allowed in the committee-rooms and that everything that is done there by members. their constituents may know. This is a Convention of the people for the purpose of making a Constitution for the people, to be ratified by the people, to make a government for the people, and we want the people to know what we are doing, and we don't want to do anything that we are ashamed of. Morse, Murphy, PAY OF PAGE. Tuttle, West, MR. ESTEE offered the following resolution : Resolved, That the Controller of State shall issue his warrant, and the Treasurer shall pay to Willie Campbell the sum of eighteen dollars, for six days' pay as Page, for services rendered before his appointment. Referred to the Committee on Contingent Expenses. CHINESE. MR. O'DONNELL. I wish to offer this resolution: Resolved, That it is incumbent upon this Convention to incorporate in the Constitution a section which shall forever disqualify aliens THE PRESIDENT. It is out of order. Resolved, That the Committee on Privileges and Elections be and they are hereby instructed to inquire into the eligibility of said member and his right to a seat in this Convention, and report thereon at an early day. MR. HOWARD. I suggest that the resolution should go to the Judiciary Committee. THE PRESIDENT. It will be so ordered. MR. O'DONNELL. I send up my resolution again. THE PRESIDENT. The gentleman is out of order. We passed that order of business some time ago. MR. MCCALLUM. Do I understand the Chair to rule that the resolution goes to the Committee on Judiciary? As I understand it, where there is a difference as to which committee a resolution shall be referred to, it is for the Convention to decide, and not the President. THE PRESIDENT. Undoubtedly so. But there was no objection to its being referred to the Committee on Judiciary. MR. MCCALLUM. The resolution itself asks that it go to the Committee on Privileges and Elections. THE SECRETARY read the resolution. MR. MCCALLUM. Now, I am in favor of the motion made by General Howard, but I think that where a question of reference arises the Convention ought to decide. THE PRESIDENT. That is very true. The Chair was not aware that the gentleman had moved a reference to the Committee on Privileges and Elections. If it is desired the question will be put. The motion to refer to the Committee on Privileges and Elections was lost, on a standing vote, by a vote of 54 ayes to 61 noes. THE PRESIDENT. The question now recurs on the motion to refer to the Committee on Judiciary. MR. DUDLEY, of San Joaquin. I raise the point of order that the Act calling the Convention provided that no member should be expelled until after the report of a special committee appointed to investigate charges. There is a provision in the Act for appointing a committee where a question of eligibility arises. It reads as follows: "The Convention shall have the power to expel any of its members, and to punish its members and officers for 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." I hold that it is the duty of the Chair to inquire into the facts as alleged in the resolution. MR. VAN DYKE. That is with reference to eligibility. forty, by Mr. Winans, which is made the special order for two o'clock. THE PRESIDENT. The first thing in order is resolution number The Secretary will read the resolution. THE SECRETARY read the resolution as follows: this Convention, in the new Constitution formed by it, to the following extent: That Resolved, That the form and order of the present Constitution shall be adopted by the new Constitution shall consist of a preamble, to be followed by twelve consecutive articles, which shall be numbered, entitled and have sequence, respectively, in the same manner and comprise the same subjects as the twelve articles of the pres ent Constitution; that to these shall be added such new articles, numbered in proper order after said twelve, as this Convention shall adopt, after which shall follow the schedule as the final division of said new Constitution. Resolved, That said preamble and articles shall be considered and acted upon by this Convention in the order and sequence aforesaid, and no one of them, nor any subject-matter belonging to any one of them, shall be adopted or discussed until all other articles and matter pertaining to them, having priority as aforesaid, shall have THE PRESIDENT. The point of order is not well taken. The been disposed of in their order. motion is to refer to the Judiciary Committee. The motion to refer to the Judiciary Committee prevailed, and it so referred. MOTIONS AND RESOLUTIONS. Resolved, That for the purpose of giving effect and enforcement to the rules aforesaid, the several committees having charge of the matters embraced in the said prewas amble and twelve articles shall make their reports in the order herein named, and none of said committees shall report upon the subject-matter of any of said articles until all the articles having priority thereto, as aforesaid, shall have been considered and disposed of by this Convention, and that the other committees having charge of matter not embraced in said articles shall report afterwards and in such order as this Convention may determine. MR. HILBORN. Mr. President: I wish to send up two resolutions: Resolved, That the Superintendent of State Printing be directed to print and revise the rules of the Convention and the list of committees and names of members on each committee at once, and out of its order. MR. ESTEE. It is already in the hands of the printer and being) revised. MR. HILBORN. It is a rule that matter is printed in the order in which it is received, and there is other matter in ahead of this. It is essentially necessary to have this at once and ahead of the other. The purpose of the resolution is that it shall be printed in advance of the useless mass of matter now in. The resolution was adopted. MR. EDGERTON. This order of business seems to be exhausted, and I ask leave to send up a resolution a little out of order, concerning the articles of the existing Constitution. MR. O'DONNELL. I object. THE SECRETARY read as follows: Resolved, That so much of the existing Constitution as relates to the preamble and declaration of rights be referred to the Committee on Preamble and Bill of Rights; that so much of the same as relates to the right of suffrage be referred to the Committee on the Right of Suffrage; that so much of the same as relates to the legislative department be referred to the Committee on Legislative Department; that so much of the same as relates to the executive department be referred to the Committee on Executive Department; that so much of the same as relates to the judicial department be referred to the Committee on Judiciary and Judicial Department; that so much of the same as relates to the militia be referred to the Committee on Military Affairs; that so much of the same as relates to the State debt be referred to the Committee on State and Municipal Indebtedness; that so much of the same as relates to education be referred to the Committee on Education; that so much of it as relates to the mode of amending and revising the Constitution be referred to the Committee on Future Amendments; that so much of the same as relates to miscellaneous provisions, excepting taxation, be referred to the Committee on Miscellaneous Subjects; that so much as relates to the schedule be referred to the Committee on Schedules. MR. EDGERTON. Mr. President: I, for one, am in favor of the standing committees retaining, as far as possible, the existing Constitution. I am very much enamored of it; positively opposed to laying irreverent hands on it. I observe that other Constitutional Conventions have adopted similar resolutions. MR. BARBOUR. I move to amend by providing that the whole Constitution be referred to the committees and they be allowed to use as much of it as they see fit. THE PRESIDENT. The question is whether the gentleman shall have leave to introduce the resolution out of order. MR. O'DONNELL. I object. Resolved, That as rules inconsistent with the foregoing resolutions shall be modified, or, so far all necessary, revoked, to the extent of insuring conformity therewith. MR. WINANS. Mr. President: Under the system which now exists and the confusion into which the system may expand, I can see no prospect for the future but confusion and disorder. Nearly or quite three hundred resolutions and amendments have now been proposed, of every variety of character, quality, and kind, belonging to every department of constitutional propositions, sought to be incorporated together, and by virtue of the rule of this body, they having been sent to committees, required to report them within fifteen days, they will all come into the Convention in a rude, incongruous, ill-assorted mass, and when they reach here they will demand action, according to their several priorities. The consequence will be, unless this change is wrought, that this body will be tossed on a sea of turbulence and utter confusion. There can be no such thing as harmonizing matters under this system. One man brings up his proposition, which embraces a section on the Chinese question. Another man attempts to get the floor in order that he may bring up the subject of taxation, and so on, and men who have special topics of their own to look after pay little attention to anything else. Now, sir, we must not ignore the old Constitution entirely. We are proceeding at present to the demolition of all that exists, and attempting to make something entirely new. We should not go so far as to entirely ignore the present document which now stands as the Constitution of the State. I think we should preserve it in all its forms and features, as far as it is possible, in the making up of the new instrument. To that end I have proposed, in this resolution, that the articles of the Constitution be taken up in their respective orders as they now exist. The main object of this resolution is to consider every article to be put in the new Constitution by itself, in all its parts and departments, and finish that particular article before entering upon the consideration of another. That is the only method, in my judgment, whereby we can secure order and form of procedure, and it will certainly quicken our action and expedite the business of the Convention. Then, there is a part of this plan that every article shall be considered in its proper place, and all there is to be said and done in reference to it shall be done while it is the subject of debate, so that we can pass rapidly from one to another. Let us not work blindly, grasping blindly after results that cannot be attained. If we do not adopt such a mode of procedure, you will find that it will be up-hill work. If a skillful artisan were about to construct a model of the human body, he would THE PRESIDENT. The question is, shall the gentleman have leave not first form a portion of an arm, and then a toe, and then a foot, and to introduce the resolution. Leave was granted. then a section of the spine, and then a fragment of the leg, but he would finish it in its proper order of joining, making member by member, and then adjust the members together, and form a harmonious whole. is the course of action for us to pursue. This Objection has been made by the minority of the Committee on Rules and Order of Business that this resolution required committees to report in a stated order. As far as that proposition is concerned, it is not a vital point with me. If some committees are ready to report before others, upon an entire subject or article of the Constitution, then their report can be considered when it comes up. But the main object is to consider and dispose of one subject entirely before entering upon the consideration of another. This is the main purpose of this resolution, and if that purpose is carried out, I am satisfied the Convention will never see the day when it will have occasion to regret its act. MR. LARKIN. I desire to retain in the present Constitution every item that is good, and every item that satisfies the people. But the resolution before us, that is proposed by the gentleman from San Francisco, Mr. Winans, I believe will delay action in this Convention-will hinder the work of this Convention, hinder the committees, and may block the work of the Convention entirely. It has been charged repeatedly that certain gentlemen on this floor desire to defeat this Constitution, and obstruct the business of the Conyention. I hope the gentleman from San Francisco is not one of them; but these resolutions will, I am certain, delay action in the Convention. There can be no final act upon any proposition submitted here from any committee. This Convention has met to frame a Constitution. As far as this proposition is concerned-as far as the distinguished gentleman has illustrated his remarks-it is to make one harmonious whole by commencing at the first provision to be embodied in the Constitution. Now, I see no reason for the adoption of this resolution at this particular time. If all the committees had reported, then such a resolution might be in order. If we had all the subjects framed, it might not be improper for this Convention to say in what order they should be joined together. While everything is in chaos here, while the committees are filled with propositions and resolutions, let us go on with the work, and let each committee stick to its duty, and not by any delay postpone the action of this Convention until the funds are exhausted and we are compelled to return home without making a Constitution. We want no delays here. Let us vote down the proposition and go on with the work, and then come together in Committee of the Whole and consider each proposition, and adjust it so that it will be in harmony, one section with the other. We want no final action by any committee; no final action upon any proposition submitted now, because we may change our views upon many of the questions to come before us. I hope the resolution will be voted down, for it will be sure to delay the Convention in its work. MR. BEERSTECHER. Mr. President: I am opposed to this resolution, because I think the adoption of this resolution would clog the wheels of the Convention and result in an absolute loss of time. The resolution, taken as a whole, provides: "That for the purpose of giving effect and enforcement to the rules aforesaid, the several committees having charge of the matters embraced in the said preamble and twelve articles shall make their reports in the order herein named." articles in the Constitution. There seems to be some misunderstanding MR. EDGERTON. There are some matters in the Legislative Department that properly belong to the Committee on Bill of Rights, and it takes away from the Committee on Bill of Rights and sends to the Committee on Legislative Department, matters properly within its jurisdiction. And it is the same way as to other committees, and the object is to correct it in that particular. THE PRESIDENT. The question is on reconsidering the vote by which the resolution was adopted. The motion to reconsider prevailed. MR. EDGERTON. I ask leave to withdraw the resolution for the purpose of correcting it. THE PRESIDENT. There being no objection, the gentleman will have leave to withdraw the resolution. SPECIAL ORDER. MR. ESTEE. Mr. President: I move that we take up the next special order, set for three o'clock. THE PRESIDENT. There being no objections, the special order for three o'clock will be taken up. The Secretary will read the resolution. THE SECRETARY read the resolution, as follows: Resolved, First-That after this day, and until Wednesday, the twenty-third day THE PRESIDENT. The question is on the adoption of the resolution. ADJOURNMENT-PROPOSITIONS. MR. AYERS. I move that the Convention do now adjourn. MR. HAGER. Before adjourning, Mr. President, I ask leave to introduce some propositions. THE PRESIDENT. There being no objection, the gentleman will have leave. DECLARATION OF RIGHTS. ment to the Constitution, in relation to the declaration of rights: 1. All men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences; no man can of right be compelled to attend, erect, or support any place of worship, or to maintain any ministry, against his consent; no human authority can, in any case whatever, control or interfere with the rights of conscience, and no preference shall ever be given by law to any religious That would be, first, the Committee on Preamble and Bill of Rights, the Committee on the Right of Suffrage, the Committee on the Dis-establishments or modes of worship. tribution of Powers, the Committee on Legislative Department, and so on to the end. I don't believe it is good policy to have every committee in this body wait the action of any other committee. MR. WINANS. As I stated, I am perfectly willing to modify the resolution to that extent. Alter that, and allow each committee to report when it is ready. 2. No power of suspending laws shall be exercised, unless by the Legislature, or by its authority. 3. No ex post facto law, nor any law impairing the obligation of contracts, or making irrevocable any grant of exclusive or special privileges or immunities, shall be passed. 4. The printing press shall be free to every person who may undertake to examine the proceedings of the Legislature, or any branch of government, and no law shall ever be made to restrain the right thereof. The free communication of thoughts and opinions is one of the invaluable rights of man, and every citizen may freely speak, write, or print, on any subject, being responsible for the abuse of that liberty. No conviction shall be had in any prosecution for the publication of papers relatother matter proper for public investigation or information, where the fact that such publication was not maliciously or negligently made shall be established to the satisfaction of the jury; and in all indictments for libels the jury shall have the right to determine the law and the facts, under the direction of the Court, as in other cases. 5. The citizens have a right, in a peaceable manner, to assemble together for their common good, and to apply to those invested with the powers of government for redress of grievances, or other proper purposes, by petition, address, or remonstrance. MR. BEERSTECHER. The difficulty is that the resolution, according to the statement of the gentleman from San Francisco, Mr. Winans, is acknowledged to be defective, and of course it is not proper to ask us to vote for it in its present condition. Farther, Mr. President, it seems to me that a resolution of that character is entirely unnecessary. The gentleman from Sacramento, Mr. Edgerton, this morning introduced a resolution which was adopted, which particularly specified that partic-ing to the official conduct of officers or men in public capacity, or to any ular matters should be sent to particular committees designated for such matters, and that they should be sent nowhere else. Consequently, the Committee on Declaration of Rights has nothing else to do, save solely and alone to consider subjects relating to the declaration of rights. The Committee on Legislative Department has nothing to do but to consider subjects relating to the legislative department. Mr. Edgerton's resolution provides for the matter that these committees shall consider these specific things and nothing else; and when these committees are ready to report, they will come before this house and bring their report, and the house will act on it. Of course the house will not act on two reports at the same time. That proposition is absurd. It is just as absurd as that two bodies can occupy the same space at one time, for this house to act upon two reports at one time. When a report is brought in, the house will take it up and consider it seriatim on one day, or whenever it is necessary, and I think the resolution of the gentleman from Sacramento provides for the whole matter, and I hope the resolu-out sale, denial, or delay. No law can limit the amount to be recovered tion as offered by the gentleman from San Francisco will be voted down, I don't see any analogy between the arms and toes of a human form and this Constitution. We propose to take up reports as they come in. If we provide that a committee can only report in the order it is designated upon any particular schedule, the consequence will be that if another committee is ready to report, it cannot report because the schedule will not allow it, and the consequence is, we would be obliged to adjourn from time to time waiting for the report of the proper committees. MR. O'DONNELL. I move that the resolution be laid on the table. THE PRESIDENT. The motion is to lay the resolution on the table. The motion prevailed and the resolution was tabled. RECONSIDERATION. MR. EDGERTON. Mr. President: I move to reconsider the vote by which the resolution was passed this morning in relation to the different 6. The Legislature shall not grant any title of nobility, hereditary distinction, or exclusive privilege, nor create any office the appointment to which shall be for a longer term than during good behavior. 7. The Courts of justice shall be open to all, and every man for an injury done him in his property, person, or reputation, shall have remedy by due course of law, and right and justice administered withfor injuries resulting in death, or for injuries to persons or property; and in case of death from such injuries the right of action shall survive, and the Legislature shall prescribe for whose benefit such actions shall be prosecuted. No law shall prescribe any limitations of time within which suits may be brought against corporations for injuries to persons or property, or for other causes different from those fixed by general laws regulating actions against natural persons. Referred to the Committee on Preamble and Bill of Rights. JUDICIAL DEPARTMENT. MR. HAGER, by consent, introduced the following proposed amendments to the Judiciary Department, to be added to those heretofore made in amendment number ten: 1. Whenever two Justices of the Supreme Court are to be chosen for the same term of service, each voter shall vote for one only; when three |