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THE

Stevenson,

MR. O'SULLIVAN. I also challenge Judge Fawcett's vote.
MR. BEERSTECHER. I challenge the vote of Judge Terry.
The Chair then announced the result of the vote, which was received Lavigne,
with applause.

Lewis,

MR. EDGERTON. I move that a committee of three be appointed Lindow,

by the Chair to escort Colonel Hoge to the chair. Carried.

The Chair appointed Messrs. Edgerton, Tinnin, and Larkin. Tinnin and Larkin.

Colonel Hoge was conducted to the Speaker's desk between Messrs. McConnell,

GOVERNOR IRWIN. Gentlemen of the Convention: Allow me to introduce to you Colonel Hoge, who has just been elected President of this Convention. [Applause.]

COLONEL HOGE.

THE PRESIDENT'S REMARKS.

McCoy,
McFarland,
McNutt,

Miller,

Mills,

Morse,

Rhodes,

Schell,

Schomp,

Shafter,

Shoemaker,

Shurtleff,

Walker, of Tuolumne,

Waters,

Webster,

Weller,

Wellin,

West,

Wickes,

Smith, of Santa Clara, White,

Smith, of 4th District, Wilson, of Tehama,
Smith, of San Francisco, Wilson, of 1st District,

Soule,

Stedman,
Steele,

Winans,

Wyatt,

Mr. President.

The minutes of yesterday's proceedings were read and approved. MR. O'SULLIVAN. Mr. President: There is no record of the objections which I made to Judge David S. Terry taking his seat on this door, and also the objections to Judge Fawcett. Objections were made in both cases.

THE PRESIDENT. The Secretary informs me that the Chair failed to recognize these objections.

MR. ROLFE. Mr. President: I desire to call attention to the fact that the proceedings of Saturday have not been read yet, I believe. THE PRESIDENT. The Secretary will read the minutes of Saturday. The Chair will state to the members of the Convention that, for the convenience of the reporters and of the Secretary at the desk, any gentleman rising will please give his name and the county until the Chair becomes familiar with the members, so that the Secretary and reporters may get them down correctly.

Gentlemen of the Convention: It would be affecta- Moffat, tion in me not to admit that I feel very highly honored by the distinc- Moreland, tion which you have conferred upon me. I return those gentlemen who have stood by me during the whole of this contest, my thanks. I Murphy, certainly have no unkind feeling as against any gentleman who voted against me-not the slightest; and you will all find that I shall do everybody justice in the performance of the duties of this office which you have conferred upon me. I shall know no section, no party, no creed. I shall endeavor to perform the duties of this office with entire impartiality-with complete justice. I shall recognize the interests of every section upon this floor. This is not an ordinary convention. We have been sent here from every section of the State for the very great purpose of framing a new system of government for this glorious young State of ours-a Constitution which shall protect every interest of every section of the State. Justice to all; favors to none. [Applause.] We are all standing upon the plane of the Constitution with equal rights, with equal responsibilities. Such, I have no doubt, will be the opinion of this body, and I say, as it is my duty, so will it be my pleasure to cooperate with you for these great ends in the performance of all your duties. We have met, gentlemen, at not the most favorable time for making a Constitution. For many causes there seems to be very great depression in the business and industrial enterprises of the country. To some extent we have fallen upon evil times, but, gentlemen, the energies of this country and of our people I think already begin to open the chances for relief, and while I do not believe that Constitutions will make men rich, or that laws will prevent men from becoming poor, yet, with a Constitution which is based upon justice, and which bears equally upon all interests throughout the entire State, with the recuperative energies of our people, with the vast resources at our command, with the integrity of our people, with their faithfulness to principle, I think we may safely-in the language of a statesman, now no more, delivered on a former occasion-commend our country and our State to the common parent of us all. Gentlemen, I do not deem it proper to detain you longer with any remarks, and will proceed now to the further organization of this Convention.

MR. HILBORN. I move that the Convention do now adjourn until to-morrow morning at ten o'clock.

The motion prevailed, and at three o'clock and twenty minutes P. M. the Convention adjourned.

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MR. HERRINGTON. Mr. President: I rise to a point of order. The record the objection that was made at the time of calling the roll by minutes have not been approved, and I desire to have placed upon the myself to the making of a record by the Clerk, that he had no right at the Chair ruled that I was out of order. the time in this Convention either to make or to certify. Whereupon I desire that it should be made

to appear upon the record that I entered my protest at the time against the ruling of the Chair.

THE PRESIDENT. The Chair stated, when the minutes were read, that if there was no objection to them they would stand approved. There being no objection the minutes were approved. The gentleman

is too late.

MR. HERRINGTON. Mr. President: I rose in my place at that time-the minutes were not approved at that time. I was still standing when the gentleman, Mr. Tinnin, obtained the floor.

THE PRESIDENT. The Chair overrules the gentleman's point of order. The gentleman was not recognized by the Chair. The minutes are approved, and of course the gentleman is too late.

MR. HERRINGTON. I rose in my place before the minutes were approved.

THE PRESIDENT. The Chair has decided the gentleman's point of order not well taken.

MR. FILCHER. Mr. President: I would like to suggest an amendment to the resolution offered by the gentleman from Trinity, that it be made to read: Eighth, the nomination and election of an Assistant Sergeant-at-Arms.

MR. TINNIN. I accept the amendment offered by the gentleman

from Placer.

MR. LARKIN. Mr. President: I would offer an amendment to the resolution by substituting "Secretary" instead of "Vice-President." We will then have completed the organization contemplated by the Constitution. My amendment will stand to all the officers. The office of Vice-President is not named in this Act. I move this amendment, and, if the gentleman will accept it, I think it will expedite business. MR. TINNIN. Mr. President: In order to obviate the difficulty we are now in, I move to strike out the words "Vice-President" in the resolution I offered, which will comply with the request of the gentleman from El Dorado.

MR. LARKIN. I withdraw my amendment in consideration of that motion.

OCT. 1, 1878.

OF THE CONSTITUTIONAL CONVENTION.

23

MR. WATERS. Mr. President: I would like to hear the resolution islature as to what minor officers it shall appoint, or what shall be the
The resolution was read, as follows:

read.

Resolved, That the Convention do now proceed to its further permanent organization and elect the following officers: First, a Chief Secretary; second, a Phonographic Reporter; third, an Assistant Secretary; fourth, a Minute Clerk at the desk; Afth, a Journal Clerk; sixth, a Sergeant-at-Arms; seventh, an Assistant Sergeant

at-Arms.

MR. MCFARLAND. Mr. President: I move to amend the resolution by inserting the words "Sergeant-at-Arms" immediately after the words "Chief Secretary." It seems to me that we should first elect a Secretary and then a Sergeant-at-Arms. Then you have the heads of your We should elect a Secretary and then a Sergeant-atdepartments. Arms. I move to amend by inserting the words "Sergeant-at-Arms" immediately after the word "Secretary."

MR. TINNIN. Mr. President: That seems to me to be out of the order of business heretofore practiced by legislative bodies. The Sergeant-atI have named them in the usual order Arms comes after these officers. of legislative bodies.

MR. REYNOLDS. Mr. President: I move a further amendment by striking out the words "Phonographic Reporter," for the reason that there is no provision in the law whereby the compensation of a phonographic reporter is to be fixed. I want to understand, Mr. Chairman, what is to be the contract or compensation for reporting the debates of this Convention, before I can vote understandingly upon the appointment of reporters. I move that a committee be appointed, to whom shall be referred the matter of phonographic reporting for the Convention, and I think that the Convention can act understandingly upon such a report I am in favor of this as shall show what it will cost, and who the different candidates for the position are, and what their different bids are. matter of reporting being conned well, and I want to see it done as cheaply and economically as possible. These are my reasons for moving the amendment.

MR. TINNIN. Mr. President: I think all the trouble of the gentle-
man can be obviated with this understanding--and I have no doubt that
the Convention will take that course-that is, to appoint a committee
who shall have the power, with the concurrence of this body, to fix the
have an idea that
pay of all these elective officers. This is the action that is always taken,
and I think this body will take the same course.
many of these salaries will be fixed, some of them lower than is now
anticipated, but it can all be done by committee.
MR. BARBOUR. Mr. President: I think that the objection as to now
going into the election of Phonographic Reporter is well taken. The
subject is not well understood by the delegates to the Convention, and
gentlemen can only be posted upon it by experts. The compensation to
the other officers is fixed-that is, the amount allowed to similar officers
of the Legislature. The Act provides that the Convention shall fix the
amount of their compensation. The correct method to have the report-
ing done is to have those who are competent to judge of the work of
phonographic reporters appointed to examine those gentlemen and then
to make a contract. That is the proper way to protect the treasury, giv-
ing the work out to those who will do it right and take it on the most
Therefore I support the amendment.
favorable terms.

THE PRESIDENT. The Secretary will read the resolution.
The Secretary again read the resolution.

THE PRESIDENT. This is the original resolution, gentlemen. Mr. McFarland moves to amend the resolution by striking out the seventh provision as to the election of a Sergeant-at-Arms and inserting it as the third provision, following that in reference to the Chief Secretary. The first question is on the amendment offered by the gentleman from Sac

ramento.

MR. HAGER. Mr. President: It is, perhaps, not a matter of very As the statmuch consequence how we elect these officers, but I think the statute provides the manner in which the selection shall be made. ute reads, the Convention shall meet and organize, as I understand it, by the selection of a President and Secretary. After that organization is completed, then the Convention is open for other business, such as the election of a Sergeant-at-Arms, a Phonographic Reporter, and the like. They shall elect one of their number President, and "such Secretaries and other officers as they may deem necessary." That is the first provision. Then it proceeds to say that "after the said Convention has met and organized"-and I say that the organization is by the election of a President and Secretary; a presiding officer, and a Secretary, to record what is afterwards done; that should be done preliminary to any other work. After the Convention is organized "it shall have power to adjourn and hold its meetings at any place in said City of Sacramento other than the said Assembly Chamber, and all the 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." And then this clause: "The Convention may select Phonographic Reporters and fix the amount of their compensation; also, The interpretation, sir, that I a Sergeant-at-Arms and an Assistant." think is the correct one to be put upon that statute is to select our PresiAfter we have dent and Secretary as preliminary to any other business, that the acts of the Convention may be recorded upon the Journal. organized by the selection of a President and Secretary, then we proceed to the election of other officers. I move to amend this resolution to confine it for the present to the selection of a Secretary.

MR. CROSS. Mr. President: Judge Hager has read the statute of the Legislature of the State passed in reference to this Constitutional Convention. The statute is good until the Convention is organized. When this Convention is organized by the election of a Chairman and Secretary, the power of that legislative body to say what this Convention should do is at an end, and if they did not understand it when they made the law, they should understand it when this Convention acts: that when this Convention is organized it is not to be controlled by any Act of the Leg

order in which it shall appoint them. Judge McFarland makes a
proposition in which the order proposed is different from that suggested
THE PRESIDENT. The first question is on the amendment of the
by the law. I take the ground that this Convention is, in no manner,
bound by the provisions of that Act. [Cries of "Question," "Question."]
gentleman from Sacramento.

A VOICE.

What is that?

THE PRESIDENT. To strike out "Sergeant-at-Arms" from the
The amendment was lost.
seventh provision and insert it so as to make it the third.

THE PRESIDENT. The next question is on the motion by the gen-
tleman from San Francisco, Judge Hager, to strike out all after the
word "Secretary."

MR. HAGER. Mr. President, I move, as a substitute, that we pro-
ceed now, first in the order of business, to the election of a Secretary, in
order to perfect our organization.

THE PRESIDENT. The question is on the adoption of the substitute
offered by the gentleman from San Francisco.
The substitute was adopted.

THE PRESIDENT. Under this resolution we now proceed to the
election of a Secretary for this Convention. Are there any nominations?

NOMINATIONS FOR SECRETARY.

MR. BIGGS. Mr. President: I place before this Convention the name of a gentleman who has not a superior on this coast as Secretary. We want a good Secretary. The gentleman I have the honor to name is MR. EAGON. Mr. President: I rise to second the nomination of known to every member of this Convention, Marcus D. Boruck, of San Francisco. I do so, sir, merely on the ground Marcus D. Boruck. I do not wish to be understood as doing so on any sentiments which that gentleman has. personal grounds, or friendship, or on account of any political or other of his peculiar fitness for the distinguished position to which he has been nominated. I care not what his sentiments may be upon politics; I care not what his opinions may be as to the great questions coming before this Convention; I care not whether he is Democrat or Republican, WorkI see around on the great question of taxation; I care not whether he agrees with ingman or Non-Partisan; I care not whether he quite coincides with me nese cheap labor. These things make no difference to me. Kearney or not on the great question of Chinese immigration and Chime a number of gentlemen who have occupied positions in the Legislature of this State time and time again, and, like myself, they all readily see that a great deal depends upon the efficiency and the ability of the Secretary. In fact, sir, it will be almost impossible for a body of this kind to get along without one who thoroughly understands the business, whose voice can fill this very poor chamber for persons to hear in, one I do not wish to speak, sir, in a who knows the duties of the position, and if we have such a man for the position the duties of the members will be greatly relieved and the interest of the State will be looked to more than if we had a man in that this Convention here for that position, because I believe there are many position who did not understand it. derogatory manner of any gentleman who has been nominated before men who can fill it ably; but I am satisfied that none have been tried so thoroughly as Mr. Boruck. His voice is such that the delegate in the most remote seat from the Secretary's desk can hear everything that is read from the desk; and members will take notice that is a very important thing, in order that they may properly discharge their duties, and man's views, as I have already taken occasion to state, I care not what vote intelligently upon questions coming up in this body. This seems to me a good reason why we should vote for him. In regard to the gentlehis political convictions may be, because I do not intend that any gencoming before this Convention; and I would be grieved to think that tleman at that desk, or on this floor, shall control my action on anything there is a single gentleman on this floor who would be so controlled. All we have to look to is, will he efficiently and faithfully discharge the duties at the desk? and if we do that, my impression is he will be the unanimous choice of the Convention.

MR. SHOEMAKER. Mr. President: I place in nomination for the office of Chief Secretary, A. M. S. Carpenter, who was Reading Clerk in the Assembly during the last Legislature. He is the peer of any man in this State as a Secretary.

MR. TINNIN. Mr. President: It is essentially necessary that in all deliberative bodies their proceedings should be kept with fidelity and ability. It is a matter that every member of this body is interested in; I am very well aware, Mr. President, it is a matter in which the people of the whole State have an interest. They desire to have a gentleman placed in that position who will perform these duties faithfully, and to the satisfaction of the people of the entire State, whom they serve. do not believe, sir, that that it is a most important position, and requires a peculiar fitness to discharge the duties of the office; and, Mr. President, while I do not desire to detract in the least from the honor, integrity, or ability of any gentlemen named as candidates for that office, confine these qualities to only a few persons. I believe, sir, that they an All-wise Providence has been so illiberal in His dispensations as to charge the duties with ability; and I believe that he will do it in the have been distributed around. I believe that the gentleman whom I have the honor of nominating is fully competent, and that he can disinterest of this body, that he will do it to your entire satisfaction, advancing the interests and convenience of the members of this body. MR. LARKIN. I rise to place in nomination another gentleman. I nominate for the position of Chief Secretary, W. S. Redding, of San Francisco. Agreeing with the gentleman from Trinity, that there is more than one man in this State capable of discharging the duties satisfactorily and intelligently at that desk, I desire to place a man there who has had

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experience in legislative departments, whose qualifications no man can Tuttle,
doubt. While I believe that candidates should have all these qualifi- | Vacquerel,
cations, it is not so much what kind of a voice he has; but what we want Walker, of Marin,
to know is, that the man will not be governed by any private interests;
that he will not turn the leaves for the benefit of you or me, or this man
or that man. This man comes here untrammeled, and will stand there Burt,
and discharge the duties without fear or favor. I desire to place such a Filcher,
man in nomination, and many of you already know to whom I allude Howard,
F. J. Clark, of Alameda.
Inman,

Wellin,
West,
Wickes,

FOR JOHNSON.

Laine,
Larue,
McMcCallum,

Nason,

FOR THORNTON.

Holmes-2.

Whole number of votes cast.
Necessary to a choice..
Mr. Boruck received..

MR. FILCHER. Mr. President: I desire also to place before this Convention a gentleman for the office of Secretary; one who, I have every reason to believe, is fully competent to fill the position, and with- Brown, out taking up the time of this Convention I shall simply state that the gentleman I refer to is Mr. J. A. Johnson, of Alameda. He comes here substantially the representative of the southern portion of Californiaa place where he has been residing some years-and it seems to be but fair, though I am from the northern portion of the State, that the southern portion of the State should be considered in the distribution of these positions; and it seems no more than fair that San Francisco should not come here, like Alexander, taking all there is and weeping because there is no more.

MR. MCCALLUM. Mr. President: I rise for the purpose of seconding the nomination of Mr. Johnson, announced by the gentleman from Placer. He is now from Alameda, though, more strictly speaking, he is identified with the southern portion of the State, having been a resident of Santa Barbara County. He has resided in Alameda County about one year, where he is engaged in the business of journalist, where he is well and favorably known as a gentleman of high character, and I am sure that I think I can say that he is well qualified for the position he seeks. He is affable and able, and has had large experience as a Secretary in bodies of this kind. I cannot speak from personal knowledge as to that, but I have heard him as a public speaker, and I know that he has a clear and distinct voice, and I am informed by those who have heard him that he is an able reader, which is a very important thing in a Secretary. That, Mr. President, is all that I deem it proper to say at this time. I rose not for the purpose of indulging in any fulsome eulogy of the candidate, but simply to say that he is able, affable, and honest. MR. BARBOUR. Mr. President: I second the nomination of Mr. Clark. He has never solicited the appointment; he is not here now logrolling and wirepulling for the election. For that reason I support him. Nominations closed.

FIRST BALLOT.

The roll was then call on the nomination for Chief Secretary, with the following result:

Mr. Carpenter received
Mr. Redding received
Mr. Clark received
Mr. Johnson received.
Mr. Thornton received.
No choice.

White,
Wyatt-50.

Ohleyer,

Smith, of Santa Clara,
Webster-11.

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75

69

4

13

50

11

2

MR. BARBOUR. Before a vote is taken I would ask that persons not members of this Convention repair without the bar. I think it is a shame that a candidate should be on the floor.

THE PRESIDENT. Gentlemen not members of the Convention will

please retire beyond the rail.

officers of this Convention.
MR. RINGGOLD. I protest against Mr. Terry being allowed to vote for

The Secretary will call the roll.
THE PRESIDENT. The gentleman is out of order, and will take his

seat.

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FOR BORUCK.

Cowden,

Lewis,

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Smith, of 4th Dist.
Steele,

Stevenson,

Stuart,
Terry,
Townsend,
Tully,
Turner,

Van Dyke,

Van Voorhies,

Walker, of Tuolumne,

Weller,

Wilson, of Tehama,
Wilson, of 1st Dist.
Winans-67.

Edgerton,

McNutt,

Turner,

Estee,

Estey,

Fawcett,
Freeman,

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Garvey,

Overton,

Wilson, of Tehama,

Blackmer,

Mansfield,

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FOR REDDING.

Noel,
Swing,
Tinnin,
Waters-12.

Winans-69.

FOR CARPENTER.

Ayers,

Inman,

Shoemaker-4.

Burt,

Kelley,

Fawcett,

Laine,

Filcher,

Larue,

Holmes,

McCallum,

McConnell,

FOR JOHNSON.

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Howard,

Barbour,

Barry,

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FOR CLARK.

Barton,

Herrington,

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Hughey,

Moffat,

Bell,

Hunter,

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O'Donnell,

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Swenson,

Cross,

Hughey,

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Tuttle,

Davis,

Hunter,

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Ringgold,

Evey,

McCoy,

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Smith, of San Francisco, Farrell,

Moffat,

Doyle,

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Farrell,

Lavigne,

Sweasey,

Gorman,

Neunaber,

Walker, of Marin,
Wellin,

West,
Wickes,

Wyatt-49.

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Grace,

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Davis,

Larkin,

Tuttle,

Dean,

Lavigne,

Vacquerel,

Dowling,

Lindow,

Doyle,

McCoy,

Walker, of Marin,
Wellin,

Evey,

Moffat,

Farrell,

Morse,

Finney,

Nelson,

Freud,

Neunaber,

West,

Wickes, White, Wyatt-52.

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At the conclusion of the fifth ballot and before the result was announced, many delegates changed their votes from Clark to Johnson. So much confusion arose in regard to the changes that it was decided by the Convention to call a new roll.

raise this point of order: I MR. REYNOLDS. Mr. President: understand there was a roll call, and before the announcement of the vote, a motion was made to call the roll again. I suggest, sir, that this is out of order. There was a vote cast here, and it has not been announced. The gentlemen voting are entitled to an announcement of that vote, whatever it is. It may be that a candidate was elected, and if so, he is entitled to his election, and he is entitled to an announcement before there is any further roll call. If we are to proceed in this manner of calling the roll, and then getting into confusion, and calling the roll again; and if we are to ascertain by keeping a private record, what ones are elected, and then getting into a snarl and have the roll called again before the announcement of that vote, when will we ever know that there has been an election here, and how is it to be known what candidates are elected? That is the point of order-that we are entitled to the announcement of the vote.

MR. ESTEE. Mr. President: Does there seem to be any muddle there at the desk? I rise to a point of order, and it is this: The Chair has the power at any time before the announcement of the vote, where there are many changes, to order a new vote. It is supposed that the vote is taken for the instruction of the House through the Chair. And when Now by any means the Chair is not informed, or there is a mistake, he has the power to direct the Secretary or Clerk to call the roll anew. the Chair has that power, and if he desires he can exercise it.

Noel, Tinnin-7.

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