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expense, why, then, it must be apparent to every member that this is a waste of time. My suggestion is simply this: let us first determine whether we want an official reporter. If we determine that we do want an official reporter, then let us discuss the details; but if we don't desire an official reporter, it is, as I remarked, a waste of time. Therefore, I think we should first determine whether we want an official reporter. Having so determined, then let us go into the details.

Judge who would go in there to find what the sense of this Constitution would be. I know that this proposition to dispense with this work is rough on the orators of this Convention, and I should like to gratify these gentlemen in that manner, and hand them down to my posterity in good shape, but I beg them to remember that Demosthenes and Cicero had no reporters. They did not even have the benefit of the press. Į suggest to our orators to write their great speeches out on buckskin, and file them in the archives of the State. Now, I want to call attention-I am a sort of printer myself. They have spoken about the cost of composition, and I find in the report of this Committee of the Constitutional Convention of Illinois a suggestion that is very important to consider, and that is, that the printing of these reports is altogether different matter-estimated altogether different from ordinary composition. I will refer to the report: "It was further agreed that the debates should be printed and placed in newspaper form on the desks of the members of the Convention at twelve м. of each succeeding day, punctually; that two proofs of all speeches, resolutions, etc., should be furnished to members for correction and revision; and that all corrections, alterations, and revisions of 'copy,' should be done at the expense of the contractors; that after the debates have been printed in the newspaper form and furnished to members, all further corrections that may be made by members of the Convention for the Globe form shall be made at the cost of the contractor." This is an additional expense, as there will be everlasting revisions and alterations, which will multiply the work of the State Printer and increase the expense.

But, sir, I oppose this resolution upon other grounds. I have a very serious apprehension in my mind that the work of this Convention will be an abortion. It seems so to me now, sir. The inharmonious elements here, it seems to me, will be unable to agree upon and present to the people of this State a Constitution which they will adopt, and for that reason I wish to be upon the safe side, and save to the treasury every dollar that we can possibly avoid the expense of. We are reported sufficiently, I believe, by a newspaper published in this city, which has announced that it proposes to furnish full reports of this Convention. I refer to the hippodrome paper-the dead-alive paper called the Sacramento Record-Union. It is true, sir, that nobody reads it if he can avoid it, but the debates will be there, and that is enough for me. Any gentleman can order a thousand copies, if he wants to. They can put an antidote in the poison, and it is all right. Therefore I shall vote for the resolution to divide the question.

MR. SMITH, of Santa Clara. I move the previous question. THE PRESIDENT. The effect of the previous question will be to bring the Convention to a vote upon the amendment, and then upon the resolution offered by the gentleman from Placer, Mr. Filcher. The first question is on the amendment offered by General Howard.

MR. JOYCE. I would like to have the motion again read before the previous question is put, so that the people will know what they are going to do.

MR. TULLY. This is a subject that I know but little about. I listened to the statement of Colonel Ayers, who, I am informed, is a practical printer and newspaper man, and he assures this Convention that the whole proceeding would not cost the State over eighteen thousand dollars in round numbers. The Hon. Mr. Edgerton, the gentleman from Sacramento, I believe is a gentleman of large experience in these matters, rises and says that it would be about eight thousand dollars. Another distinguished gentleman from Sacramento, Mr. Freeman, who I am sure is a sound, practical, and safe man, assures us that these proceedings involve an expenditure of about thirty thousand dollars. Now, I am not willing to vote upon such an uncertainty as that, and I think gentlemen of this Convention should know what they are voting upon. Another gentleman from Sacramento, Mr. McFarland, desires making this appropriation for the benefit of his constituents-hard-working printers and such. I, for one, am not disposed to be niggardly on any of these questions. I think that there should be a decent record made of the proceedings and of the debates of this Convention, and I for one am willing to vote for the proposition, provided I can be assured with some degree of certainty what the proceedings are going to cost. Some gentlemen have argued that we should first elect a reporter, and then ascertain what it is to cost. It seems to me that we should first ascertain what the cost of the proceeding will be. I think that, in a very great degree, will determine the fact of whether we elect a reporter or not. It seems to me that the friends of this report are taking the very measures to defeat themselves, because I shall certainly vote against this resolution with the light I now have, and I will rely upon the newspapers to report all that I may wish to say upon this floor. I will make me a scrap-book and have my children set down at nights and read what I had to say in this Convention. I presume some of the gentlemen desire to have the debates printed and bound in leather, that their grandchildren may read the grand speeches that their grandfathers made here. I certainly shall vote against the proposition as it now stands. MR. AYERS. I merely wish to call the attention of this Convention to one feature of this debate. Gentlemen rise in their seats and speak about fastening upon the people of this State a heavy debt for this printing. I will say that as far as I have learned, this expense has to come out of the one hundred and fifty thousand dollars appropriated for this Convention. The one hundred and fifty thousand dollars will be used up in any event, and if a portion of it is used for printing, I do not see that any further taxation will be placed upon the people for that purpose. MR. BARBOUR. I agree, sir, with the suggestion of the gentleman from Sacramento, that we should come to a direct vote upon the question whether we will have Phonographic Reporters or not. That disposes of all the rest of the matters that have been discussed here this morning. Of course, if the Convention decides against having Phonographic Reporters, that settles it. I am opposed, in the present attitude of this Convention, to the employment of Phonographic Reporters; and now that I have the floor, I will state my reasons. I do not believe it to be a useless expense, but I do believe it is not worth it. expense that will not repay the people of this State an equivalent. Gentlemen have presented to us figures here in regard to the expense; but, Mr. President, these figures will come out exactly as the estimates did in the Illinois Convention, and fall about one half to two thirds short of the estimate. That committee was composed of practical printers. The chief of the committee was Mr. Joseph Medill, against whom no man could suggest anything; Mr. Cameron was another, both of them men whom, to say, in the West, that they would countenance any jobbery, would excite ridicule. They presented an estimate to that committee that the reporting, transcribing, and printing would cost in the neighborhood of twenty thousand dollars. It is said that the gentlemen are practical printers, and have presented a report that the cost will be about eighteen thousand dollars. But it turns out, the event shows, that in that State the cost was fifty-seven thousand dollars; and I have no doubt that if we undertake this business here we will find that it will approximate that, perhaps more, and I will tell you why. In Illinois it was let by contract. The contractors were bound to the contract in bonds. They could not go behind it. Here the work is given out to the State Printer. I say, therefore, that the responsibility for this thing, if any loss arises to the State, should be placed where it belongs-that is, upon the Legislature, which crippled this Convention. We cannot abandon our labors in the middle, for the want of anything in the treasury to go on with them. We cannot. We must go through. We must have the means to go through. Gentlemen talk about giving employment to working men. That is all buncombe and claptrap. If that is not buncombe politics as a motive here, I know of none such. You cannot catch Workingmen with propositions of that sort. The only question is, whether it is a proper expenditure. Is it a right expenditure? Now, sir, I would not have the great State of California practice an absurd economy or be niggardly. I would not have it to be behind other States in employing all the arts and improvements of modern invention to make its labors complete, but I see that other States have dispensed with this thing. Only half have their debates all printed. They are useless unless they are printed. The great argument offered here in support of the proposition to have shorthand reporters, is that THE PRESIDENT. I think I have corrected it already. The gentlethe questions that may arise after the Constitution is adopted may be man from Placer, Mr. Filcher, offered a resolution. The gentleman illustrated and exemplified by an examination of the debates. I know from Los Angeles, Mr. Howard, moves to amend by striking out the that the Courts examine custom, tradition, and everything else, but I latter clause. The gentleman from San Francisco makes this motion: do not know that Judges go into constitutional debates for the true intent "That in the opinion of this Convention Phonographic Reporters should of a constitutional provision. I undertake to say it would be a bold | be appointed to report the proceedings of this Convention,"

It is an

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MR. HAGER. The original proposition is the report of the committee, as I understand it. The next proposition is the amendment of the member from Los Angeles. To that is another amendment which I offered. If the previous question is ordered, the first vote will be upon the proposition which I have offered as an amendment. The next vote will be upon the amendinent offered by the gentleman from Los Angeles; after that upon the original proposition of the committee. THE PRESIDENT. The first vote will be upon the amendment of the gentleman from Los Angeles.

MR. HAGER. It is contrary to all rules I ever heard.

THE PRESIDENT. The Chair is very sorry to differ with the gentleman. The motion of the gentleman from Los Angeles is to strike out a portion of the resolution. The motion of the gentleman from San Francisco is to strike out the whole of it and insert something else. MR. HAGER. My motion is to amend the clause left standing. If the proposition is adopted, my amendment fails, because then by a vote of the House the first proposition has carried. THE PRESIDENT. The Chair differs with the gentleman.

MR. HAGER. Here I have the law: "All amendments of which a proposition is susceptible, so far as form is concerned, must be effected in one of three ways, namely, by inserting or adding certain words; or by leaving out certain words; or by leaving out certain words and inserting or adding others. These several forms of amendment are subject to certain general rules, which are equally applicable to them all." One of these rules is: "Whatever is disagreed to by the Assembly cannot be afterwards moved again. This rule is the converse of the preceding. Thus, if it is moved to amend A B by inserting C, and the amendment is rejected, C cannot be moved again; or, if it is moved to amend A B by leaving out B, and the amendment prevails, B cannot be restored; because in the first case C, and, in the other B, have been disagreed to." That is the case here. That is, the authors of a measure may perfect what is left standing by a motion to strike out before the motion is put, otherwise if we vote to strike out they have no opportunity to perfect it. We cannot recede from it unless we reconsider.

THE PRESIDENT. The gentleman has not moved to strike out anything. The gentleman from San Francisco moves this resolution: "That in the opinion of this Convention Phonographic Reporters should be appointed to report the proceedings of this Convention." The gentleman has not moved to strike out anything.

MR. HAGER. The Chair does not understand the point I make. I only wish the Chair to correct what he has already stated.

MR. HAGER.

My propositionTHE PRESIDENT. The gentleman will wait until the Chair has finished. Now, after the motion of the gentleman from Los Angeles, the gentleman's motion will be put. He offered it as a substitute. If the motion of the gentleman from Los Angeles does prevail, still the gentleman from San Francisco is in order to move to strike out the balance of it and insert, so that his vote is after that of the gentleman from Los Angeles, and the third vote is upon the original resolution. The previous question will bring the Convention to a vote in the order I have stated it.

MR. HAGER. Now, Mr. President

THE PRESIDENT. All debate is out of order.

MR. HAGER. The point I raised was as to the correctness of the

statement.

MR. EDGERTON. I desire to ask a question. I desire to know, if this resolution is defeated and no notice of reconsideration is given, whether a similar or like resolution would be admissible on the next meeting?

THE PRESIDENT. On another day the motion would be admissible. The ayes and noes were demanded, and the resolution was lost by the following vote:

Andrews,
Blackmer,

THE PRESIDENT. The gentleman is out of order. MR. HAGER. I merely wish to state that the Chair has not correctly stated the proposition that I made. The effect of the amendment offered Graves, by the gentleman from Los Angeles, as I understand it

Hoge,
Howard,

AYES.

Boggs,
Cowden,
Edgerton,
Filcher,
Finney,

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Hale,

Heiskell,

Mills,
Noel,
Overton,

NOES.

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THE PRESIDENT. The gentleman is now discussing the point-
MR. HAGER. No. But-

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Barbour,
Barnes,
Barry,
Barton,
Beerstecher,
Belcher,
Bell,
Berry,

Resolved, “That this Convention do now proceed to the election of a Phonographic Biggs, Reporter."

The amendment was adopted. THE PRESIDENT. The question now recurs on the amendment offered by the gentleman from San Francisco, as either a substitute or a motion, to strike out and insert: "That in the opinion of this Convention Phonographic Reporters should be appointed to report the proceedings of this Convention."

The ayes and noes were demanded, and the amendment lost by the following vote:

Andrews,

Barnes,

Belcher,

Blackmer,

Brown,
Burt,
Caples,

Herold,

Herrington,
Hilborn,

Hitchcock,

Holmes,

Huestis,

Boucher,

Hughey,

Shurtleff,

Hunter,

Johnson,

Joyce,

Kelley,

Kenny,

Keyes,

Smith, of Santa Clara,
Smith, of San Francisco,
Soule,
Stedman,
Steele,
Stevenson,

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Dudley, of San Joaquin, McCallum,

McConnell,

Tuttle,
Vacquerel,

Van Dyke,

Walker, of Marin,

Chapman,
Charles,
Condon,
Cross,
Crouch,

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Boggs,

Boucher,

Cowden,

Crouch,

Dudley, of Solano,

Dunlap,

Eagon.

Edgerton,

Estee,

Inman,

Pulliam,

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Dunlap,

McComas,

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Eagon,

Webster,

Lampson,
Larue,

Schell,

Estey,

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Smith, of 4th Dist.

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Wellin,

Dudley, of San Joaquin, Mansfield,

Swing,

Farrell,

Martin,

Tinnin.

Fawcett,

Moreland,
Morse,

West,
Wickes,

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Freeman,

McComas,

Van Voorhies,

Freud,

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Garvey,

Murphy,
Nason,
Nelson,

Wilson, of 1st Dist.

Winans-50.

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White,

Wilson, of Tehama,

Wilson, of 1st District,
Winans,

Wyatt-110.

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Resolved, That this Convention do now proceed to the election of a Phono- to comply with the law. graphic Reporter."

MR. HEUSTIS offered the following resolution:

Resolved, That the Controller of State be and is hereby authorized to draw warrants in favor of W. T. Beveridge and Aaron Wilson in the sum of eighteen dollars each, for services rendered as Pages, pending the organization of this Convention, payable out of the appropriation for the expenses of this Convention, and that the State Treasurer is hereby authorized to pay the same as above provided. Adopted.

FILLING OF VACANCIES.

MR. TINNIN offered the following resolution: Resolved, That the Convention now proceed to elections to fill the vacancies in the following order: First, to fill the vacancy caused by the resignation of Thomas Morris, of San Francisco; second, to fill the vacancy caused by the death of H. H. Haight, from the Second Congressional District; third, to fill the vacancy caused by the death of G M. Hardwick, from the Counties of Merced and Mariposa.

MR. MCCALLUM. I move to amend that by making the election for the delegate at large first; by filling the vacancy caused by the death of Governor Haight first.

MR. EDGERTON. I move to amend the resolution by striking out the word "now" in the first line, after the word "Convention," and insert "at two o'clock P. M. on Tuesday next."

the facts before this Convention, that Mr. Morris was not eligible to the office at the time of the election.

MR. BARBOUR. What provision of the law prescribes that?
MR. HALL.
A general provision of the Political Code.
MR. BARBOUR. What section?

MR. HALL. I cannot say what section; but there is a general provision in the Political Code, and a qualification which requires citizenship as one of those qualifications required to hold office by this law. That being a qualification necessary, and he not having that qualification, it would seem to me that he was ineligible, and I respectfully submit to the Convention that he never did become an incumbent of the office. He never was elected to the office. It was absolutely null and void. Again, sir, in this Convention, I may be permitted to say, inasmuch as we are on the question, that some action should be taken, if we do not want to cast a cloud upon the title of the successor of this gentleman. It would seem that his resignation has not come before this body. It was addressed to the President and members of this Convention. Now it would seem, sir, to me, that he ought to pursue the course prescribed by another general provision describing the manner in which case, requiring him to file his written resignation with the Secretary of State. There is such a general clause existing in our Codes touching and concerning subjects of this kind. That resignation has not gone to that officer yet, so far as I am informed. He has never been admitted, and his resignation is not legal. Again, sir, a vacancy may be worked that an officer elected at the hands of the people, who fails to present himself and qualify within ten days after the performance of that act is required by the law, is equivalent to abandoning the office. But these ten days have not as yet expired, sir. It strikes me, Mr. President, in the state of the law, that there is no vacancy existing in that office, but the honorable gentleman from Sacramento has proposed an amendment to the resolution by which the word "ineligibility" is substituted for "resignation," thereby setting it as a matter of record that we have proceeded to fill a vacancy where no vacancy existed at all; for, if he was ineligible, I do maintain, according to the decision of the Supreme Court, the election was null and void, and there is no vacancy.

MR. TINNIN. I offered that resolution in good faith and for the pur-resignations may be made. There is a general provision covering his pose of advancing the labors of this Convention. In drawing the resolution I had no preference for any individual, and if other parties here have made agreements about which election shall come first, I have no knowledge of them. Now, sir, in answer to the last motion made, we have been here for three or four days simply doing nothing. It has been a contest here without seemingly accomplishing anything, and it is essen-out in another way. There is a provision in our Code to this effect: tially necessary that this election be had in order to fill the vacancies, that the President in making up his committees may know the individuals he is to place on the committees. The President does not know who is elected. He does not know what peculiar capacities these persons have who will be elected. It is essentially necessary that he should know before he makes up his committees, and for this reason I contend that we should immediately go into this election. If gentlemen desire to go to San Francisco on private business I see no reason why this Convention should delay its labors.

MR. VAN DYKE. I hope this body will take this matter into consideration and force this election at the present time. I hope the mover of the resolution will accept the amendment offered by the gentleman from Alameda. It seems a matter of propriety that a delegate at large should be elected first to fill the vacancy caused by the death of Governor Haight.

MR. EDGERTON. I withdraw my motion.

MR. MCFARLAND. If we are going to pass this resolution I do not see any reason for changing it. There is no particular object in it. I do not see why the delegate from San Francisco should not be elected first as well as the one from the Second Congressional District.

MR. CAPLES. It appears to me that there is a misnomer, perhaps unintentional, in the original resolution. The word "resignation" is used instead of "ineligibility."

MR. TINNIN. I see no point in that. That gentleman did resign. His resignation was read from the President's desk, and there can be no object in this only to hold forth certain ideas concerning the individual. MR. CAPLES. I think that no man can resign what he does not possess. It is a misnomer, an abuse of language or terms. I therefore insist on my amendment.

MR. TINNIN. I do not care to enter into any debate, but I wish to say that the Governor of the State of California, by his certificate, declared that Thomas Merris was a member of this Convention, and considering that fact his resignation was in order. It was legal under the circumstances, and was a fact that we all know, and I see no reason for debating it here.

MR. HALL. The member from Sacramento proposes to amend the resolution by substituting "ineligibility” for “resignation." I suggest, Mr. President, that if the word "ineligibility" is substituted for the word "resignation" it would seem to me, in the present state of the law, that the resolution would show upon its face that there is no vacancy whatever. If Mr. Morris, who is prima facia a delegate by the proclamation of the Governor, was, by reason of not being a citizen of the United States at the time of the election, ineligible, then it seems to me that there was no election. The election would be void, and he has not become an incumbent of the office. Never having become an incumbent of the office he has not resigned the office, of course. The provisions of the law in our Political Code provides for cases of this kind. It declares what shall be deemed a vacancy in office. It goes on to say that vacancies shall be created by the death of the incumbent, by the resignation of the incumbent, and so on. But in this case he has never become the incumbent of the office, because it appears this resignation was presented to the temporary President prior to the organization of the Convention. Hence he has never been admitted to a seat in this body. He has never become an incumbent of the office. Now, sir, the question has arisen before the Supreme Court of this State in a case in which I was personally connected, in a case decided not very long since, and I presume will be reported in the next volume. It was the case of Carver vs. Dunbar, and it is with respect to the office of County Superintendent of Public Schools in the county. Mr. Dunbar received the highest number of votes, Mr. Carver having received the next highest number. But Mr. Dunbar, at the time of election, held the office of Inspector of Customs of the United States, at the city of Stockton, and the question arose whether or not he was eligible. The Supreme Court decided he was not eligible, and the result of his ineligibility was that the election was void entirely void. So, the election being void, Carver was not entitled to it, and the Board of Supervisors proceeded, under the direction of the Supreme Court, to declare a vacancy, but the declaration of the vacancy preceded the action of the Board. After the office was declared vacant the Board of Supervisors proceeded, as by law directed, to fill that vacancy. Now, sir, applying that principle here, it would seem, upon

MR. MURPHY. I think a great deal of time is being wasted here on this amendment. It is a matter of no consequence whether he is eligible or not. There is a vacancy to fill, and I move we proceed to fill it, and on that I move the previous question.

MR. CAPLES. I will withdraw the amendment.

The motion to transpose the first and second clauses was lost. The question recurring on the adoption of the resolution, it was adopted.

THE PRESIDENT. Nominations are now in order to fill the vacancy caused by the resignation of Thomas Morris.

MR. BARBOUR. Mr. President: I have the honor to name Judge J. R. Sharpstein as a candidate to fill the vacancy in the San Francisco delegation, caused by the resignation of Thomas Morris. I present this name in obedience to the request of the San Francisco delegation as their unanimous choice, and I present him as the choice of the majority of the electors of the City and County of San Francisco, whose will was expressed at the last election. The usual course in the other States upon the happening of these vacancies appears to have been to order a special election to fill the vacancy. That is the true democratic method, because thus the will of the people is ascertained. The Legislature of this State has seen fit to clothe this Convention with power to fill these vacancies, not, as I should be sorry to believe, to be exercised arbitrarily, and reckless of the popular will, but in strict accord therewith. I have here the figures, taken from the official record, to show the votes cast and the general majorities given for each candidate. The majority given for the candidate which I present, Judge Sharpstein, is thirteen thousand nine hundred and thirteen votes out of a total of twenty-seven thousand votes. Nearly fourteen thousand out of a total of twenty-seven thousand. That of his opponent, M. M. Estee, was eight thousand three hundred and ninety-two votes, leaving a plurality in favor of Judge Sharpstein of five thousand three hundred and eighty-seven votes. Some have objected to him as a candidate because he was on the ticket at large, while Mr. Morris was on the local ticket. I would remind the people that at large or at small, it is only a difference in names. They were both on the same platform, were voted for by the same men in San Francisco, they are to sit in the same Convention, and the objections as to the difference in names I deem unworthy of consideration. It has been said that I am, as it were, presenting the name of a man who has been repudiated by the people of the State for a seat in this Convention. It is not true, sir. It is for the people of San Francisco, and not for the people of the State, to name the men to fill the vacancy. I suppose it will be next claimed that it is a man's misfortune to be popular and strong at home, and that the true test of his qualifications is to be popular abroad and weak at home. The whole question is summed up in this inquiry: Would the same vote. the same majority, have been given to Judge Sharpstein on the local ticket as on the ticket at large? That is certainly a fair, sensible construction. The question as to the eligibility or ineligibility of Mr. Morris, whose vacant seat is to be filled

MR. EDGERTON. I raise the point of order that this is not a legitimate subject for discussion.

THE PRESIDENT. The point of order is well taken.

MR. BARBOUR. I say it is a proper matter for discussion, but I was proceeding to show, when interrupted, that we had taken the proper course in selecting a candidate. The San Francisco delegation, upon the first intimation that Morris was not a citizen of San Francisco, drew from him, after an examination, his resignation. We might have brought him here with his certificate of election under the proclamation of the Governor. We might have voted him here upon all the propo sitions of the organization of this Convention, as the gentlemen well

know, and might perhaps have changed the results. We might have absolute and indefeasible right to name the candidate to fill the vacancy
stood on the ground that his non-citizenship did not disqualify him from created upon the local ticket, it would have said so. We are not to go
taking a seat on the floor of this Convention; his case would not have outside of the law; we are not to stand here and argue it upon any
been passed upon until after the organization had been completed. vague or general principle, or assumed vague and general principle, that
But, sir, I say we stood not upon any of these technicalities. We said finds expression in the speech made by the gentleman who declared
we went by the spirit of the law, and the spirit of the law was that this that wherever or whenever he heard anything coming from what, in
Convention should be composed of citizens of the United States. That his own expressive language, he called the corporations' jugglers or fug-
the people voted for him thus under the impression that he was a citizen | lers, he would vote against it. I suppose he went upon the principle
of the United States, and since it turns out that he was not, the delega- which actuates gentlemen from the happy land from which he comes,
tion resolved not to stand by him, and we exacted a resignation from at Donnybrook Fair, Whenever you see a head hit it." I submit that
him. The delegation want the spirit of the law carried out, and hence it is unfair for the gentlemen from San Francisco to be forever arrogat-
they announced the candidate they intended to propose weeks ago in ing all virtue to themselves, and denouncing in unmeasured terms
San Francisco. That name was before the people for their considera- everybody else. I submit that the proof of work is in the work itself.
tion, and I believe the universal verdict is that he ought to have the And in rising to propose a gentleman for this place I desire once for all
place. The people never intended by their votes to elect a non-citizen, to enter my protest against the spirit manifested here by my col-
but they did not intend to elect anybody else. Therefore, as a matter of leagues from San Francisco on the local ticket. I say it is unworthy of
right and justice, we demand that the seat be given to the man we pre-them, and unworthy of the cause which they represent. Now, sir, the
sent as the unanimous choice of the people of San Francisco.
proposition seems to be that one portion of the delegation from San
MR. CROSS. Mr. President: It is my privilege to second the nom-Francisco has the sole right to be heard on this floor. There are eight
ination of Judge Sharpstein. I shall state the reasons why he is a can- gentlemen here from San Francisco, and though voted for all over the
didate, and why he should receive the votes of this Convention. I will State, are equally the representatives of the people of the First Con-
state them briefly. He is a man who is well able to fill this position.gressional District-gentlemen at least as distinguished as those who
If the constituency which elected Mr. Morris could be heard here, they have made this demand. We have a right to be heard. We have a
would speak in favor of Judge Sharpstein as representing their views. right to stand upon the law and to say that if this statute had intended
When they elected Mr. Morris from San Francisco they did so because that the local ticket in San Francisco should nominate and fill vacancies
he was a representative of their views. But when Mr. Morris proves to when occurring, the statute would have expressed it so. Mr. President,
have been ineligible, by reason of not being a citizen, then it becomes a it does not belong to them; it belongs to you all, gentlemen. It is for
proper question whether it is not our duty as well as our privilege, to you to say who shall fill these vacancies. It belongs to no locality. No
respect that sentiment. It becomes a question whether the man who man has a right to claim it. No man who ran on the ticket at large
is chosen to fill this position should not be a man who is able to repre- and was defeated has the right to say that because he got a plurality of
sent the sentiments of the people of the particular locality. We claim votes in one portion of the State it belongs to him by sovereign right,
that the Workingmen's party of San Francisco and of the State has and that the right to reign and rule, like the sacred oil poured upon the
been greatly misunderstood. That some of the gentlemen on this floor heads of kings, has made his claims indefeasible. The statute says the
have a wrong impression in regard to the principles and purposes of Convention shall determine that subject, and the members of this body,
the Workingmen's party.
sitting in calmn deliberation, have a right to look beyond the results of
MR. BARNES. I call the gentleman to order. He is not speaking the upheaval that occurred in San Francisco-or, as it has been
to the question.
expressed, the wail of universal discontent-and select the best man.
MR. CROSS. I hold that it is germane to the question, and I will As to selecting a man for this vacancy, the Convention has a right to go
come to the bearing of it. Now, to the delegates in this Convention, let to Shasta or San Bernardino. The Convention has the right, if it can
me say that it is not merely for the interest of the Workingmen's party obtain the services of some able, distinguished man-some one whose
that Judge Sharpstein should hold this position, for really the results wisdom, experience, and ability would guide us through the difficulty-
cannot be changed by Judge Sharpstein's vote, for we stand fifty-one to to go to San Bernardino and bring him here. If it is to be determined
one hundred; but since we have, unfortunately, very few in our dele-upon by the number of votes, then I contend, without discussing the
gation who are able to present before this body, in a clear and plain man-question whether Morris was eligible or not, we have the right to pre-
ner, the real sentiments of the Workingmen's Party of California; and sent some proper person coming from San Francisco for that position.
since there is standing back of Judge Sharpstein a strong public senti- On the local ticket there was a vacancy. The gentleman claims credit
ment; and since that public sentiment is now misunderstood in this body; for not perpetrating a fraud-credit for not perpetrating a political crime-
and since this candidate is a man of the kind who will be able to bring and for demanding the resignation of a man who had been standing on
before this body, in its true light, the real views of the party, thus enabling bogus naturalization papers. That is not the point. The question is,
any member of this Convention to be properly informed as to their wishes, who is the best man? There was no election. That is clear enough.
and intentions, and purposes, before they vote-for these reasons, I say, Judge Sharpstein was not standing upon the local issues of San Fran-
Judge Sharpstein is the proper man for this place. He is not a Commnu-cisco. As far as appears the Workinginen didn't want him as a repre-
nist; he is not a Socialist; he is a man who will be able to represent the sentative at all. He was put on the ticket at large, and it is a matter of
views and sentiments of this party-the Workingmen's Party, as it is political history, pretty well understood from the outset, that the men
called-in this Convention, in such a way that this Convention, when-who were put on the ticket at large were put there for the purpose of
ever it acts upon any of the propositions which the party proposes, they giving them something in the shape of a complimentary testimonial,
will be able to know what the wish is, and know the true sentiments of the but it was never intended, expected, or anticipated that they would be
people who stand back of him. When this sentiment is clearly expressed, elected. If local votes on local candidates is to be the test, I hold in
as Judge Sharpstein can express it, then this Convention will have that my hand a certificate of Louis Kaplan, Registrar of Voters, saying that
information as to the intentions and purposes of the party which will R. H. Lloyd received the largest number of votes after Mr. Morris. As
enable them to vote intelligently upon all propositions which shall be a legal proposition it may be laid down that when a candidate was voted
presented here. Let me say, farther, that the Workingmen's Party not for, at the time ineligible, the vote was thrown away, and the man hav-
only claim their right to be thus represented, but they concede the same ing the next highest vote was entitled to the place. I don't base it on
right to the Non-Partisans, and are ready to vote for their nominee upon any such grounds. I am a representative at large, and a representative
the same principle. The people elected Mr. Haight to represent them of a very large voice of San Francisco, so far as personal votes are con-
and their particular views, and the same people now have the right to cerned, and, as a representative from San Francisco, I claim that Mr.
have a man elected who will carry out those views, and faithfully repre- Lloyd is entitled to the suffrage of this Convention. I ask this Conven-
sent their sentiments on the floor of this Convention. So, Mr. Presi-tion to vote for him, because I know him. I also know Judge Sharp-
dent, with regard to the other case; the Workingmen's Party proposes to stein. I knew his history before he came to the State. I know it now.
vote for a man who will represent San Francisco. We place this case upon I knew him as a Democrat. I knew him again as a red-hot Republican,
the same principle. Judge Sharpstein would be the choice of that peo-when Booth came to the surface. I knew him as the Judge of the
ple. He would be able to represent the views of the Workingmen's Twelfth District Court, and I know that when he came up for reelection
Party in such a way that it could not be misunderstood.
he was defeated.

MR. BARNES. Mr. President: It is true, as the gentleman from San Francisco, Mr. Barbour, has said, that it was determined by the local delegates from the City and County of San Francisco to insist that they and they alone had the right to be heard in this Convention, and were crowned with some immortal principle of representation that should enable them to stand here and demand from the Convention its support for Mr. Sharpstein.

MR. REYNOLDS. Mr. President: I raise the point of order that the gentleman is not speaking to the question concerning the nominations we have made.

MR. DOWLING. I raise the point of order that the gentleman is not speaking to the question before the House.

THE PRESIDENT. The point of order is not well taken. The Chair understands that the gentleman is speaking to the precise point.

MR. CROSS. Mr. President: I rise to a point of order. Mr. Barnes objected to Mr. Barbour speaking upon this very same branch of the question, and the Chair held that Mr. Barbour was out of order when he was speaking to the eligibility of Mr. Morris.

THE PRESIDENT. I don't recollect that there was any such ruling. MR. BARNES. My friend is mistaken about that, as he generally is. THE PRESIDENT. The point of order is overruled; the gentleman Now, Mr. President, they claim this nomination upon the ground that will proceed. Judge Sharpstein has the unanimous indorsement of the people of San MR. BARNES. This is that same spirit of intolerance and self-asser- Francisco. I deny it. The people of San Francisco know, and every tion which has found expression sundry times upon this floor; which lawyer knows, that while on the bench in San Francisco, he gave unifound expression when the delegate who named the gentleman, versal dissatisfaction. He was caught up like a chip upon the surface of addressed the Governor of this State, when presiding over this Conven- this great wave of popular discontent, and was put upon the ticket at tion, in a manner to which I will not refer, but which every gentleman large, where he had no possible hope of being elected. Now the only on this floor remembers; a spirit which found expression in the resolu- time I know when the people of San Francisco had any opportunity to tion which proposed, in effect, to give the power to appoint a delegate express their approval of him was in the judicial canvass. have no to this Convention to one portion of the delegates from the City and charges to make, but every lawyer knows that he gave universal disCounty of San Francisco. Now, sir, I contend-and I think the propo- satisfaction. The gentleman speaks about his being the representative sition is unanswerable-that if the law calling this Convention together of the Workingmen's party. Now, the most remarkable decision that I had designed to bestow upon the delegation from San Francisco the lever knew Judge Sharpstein to make was made in the interest of the

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Spring Valley Water Company, and the Supreme Court reversed his the lands given by this gentleman to the State, which lands are now decision from the bench. That is his record upon the subject of corpora- worth one thousand dollars an acre. Mr. President, I would say that it tions. He had ridden the Democrats, he had ridden Booth, and now he is a matter of some consequence that the members of this Convention jumps on top of the Workingmen's movement. For these reasons, if take into consideration the claims of this gentleman. I believe he is the there was no other candidate here, I would not vote for him. So far as only man of that race, that once possessed this whole country, that is on his record is concerned, he has favored those corporate monopolies of hand here, and I believe none of the representative Californians are here which complaint is made; and right here I want to say one word on in this House; and I would state that the Spanish and Mexican poputhat subject. The gentleman alluded to the corporation bugler, against lation amounts to twenty-three thousand. They are in that respect whom he was going to vote. When we shall have finished the work of without representation; and I think they should be allowed a reprethis Convention I think it will be apparent who are the men about sentative on this floor. Now, it does appear to me that in all justice and whose necks the corporation collar stands. It is not upon mine, and I fair dealing, that a family that has done so much for this State, so much hope the gentleman will not repeat what he has said this morning. I for the welfare of this State, should be recognized, and that one of the believe in the right of the State to control every corporation in it. It family at least should occupy a position upon this floor in the councils has the right and should have the power, and such a provision should of the State. It seems to me to be reasonable that we should consider be put in this Constitution that shall hold them with a grasp of iron, so the matter in this light. I am fully convinced that in this case it is that never again in this State shall there be any unjust discriminations, proper that we should give this office to this honorable gentleman. He any outrage or wrong inflicted upon persons or communities from the is a gentleman of refinement. He is a gentleman of ability and learnday this Constitution takes its place as the organic law of the State, untiling. His name is now before you, and I hope his claims may be fairly time shall be no more. [Applause.] I am not going to be put down as considered. a corporation bugler. The charge is not correct, as the result will eventually prove. Mr. Lloyd has been a resident of San Francisco since boyhood. He was an errand boy in the office of Sharp & McDougall, and did the work of the office from day to day, and month to month, and year to year, and educated and trained himself. No university has put its degree upon his head, but he has honest manhood and self-named for this position has been attacked. It is an outrage upon the culture, and is as good and careful a lawyer as there is in San Francisco. He has the approval of every lawyer who ever knew him. No human being can say a word against him. If you take the best man, I know he will be elected. He was a candidate on the Non-Partisan ticket, and had the support of all classes of men, Germans, French, and Americans-thank God there are a few left. [Applause.] Mr. Lloyd has always had their sanction and indorsement. No man can lay charges at his door, and I commend him to you, gentlemen of the NonPartisan party. And I ask you whether you are going to be dictated to and controlled because the representatives from San Francisco represent one political party, or whether you will in your consciences and on your oaths select the man who shall seem to be the best qualified for the place? I know of no indorsement that could be given higher than to Mr. Lloyd. Nothing better could be said of him than that he is an honest man, a self-educated and trained lawyer, of thorough good sense, of perfect capacity, of perfect honesty, and even in this time he ran far ahead of the Non-Partisan ticket, and was the next in order to the gentleman whose seat has been relinquished. I ask you, gentlemen of the Non-Partisan party, to give him your suffrages, that you will not entertain the idea that because there is a large delegation here from San Francisco, that the minority from that city and county have no right to be heard. The law puts the power in your hands; that if it had designed to give it to the gentlemen on the other side of the House, it would have said that the vacancy should have been filled by the gentle-statement here in regard to this matter, and if the gentleman had left men from that locality. I think it is fair and just to take the best men. I know both candidates, and I think there is not a delegate on the ticket at large who does not know both. There is no comparison between the fitness of the two. It is altogether and in every way in favor of Mr. Lloyd, and I hope he will be elected.

MR. BARBOUR. Mr. President: I would not again trespass upon the time of the Convention, but I should feel myself recreant to my trust if I did not rise to defend the name of the candidate presented by me. In presenting my candidate, sir, I never felt it incumbent upon me to assail the candidates of any other party. The gentleman I have delegates here, and upon the candidate himself, who is not here. He has stayed at home, tending to his business, relying on his friends here. The other has been here and his friends have been digging into the records and laboring to find some way by which his repudiation by the people of San Francisco could be transformed into an indorsement. Not finding that, he has gone back home and left the gentlemen here to assail our candidate here by making statements to this Convention which we are not prepared to deny and which we had no reason to anticipate. How does it appear to this Convention? Certainly it is unjust. It is disgraceful, and I stand upon that statement. Judge Sharpstein is known, and respected and honored by the people of San Francisco, and that ought to be enough. The vote shows it. The vote is a complete refutation of the statements made by the gentleman from San Francisco, and I state now to him that it would have been in far better taste to have allowed that statement to have come from somebody who could bring a better indorsement than that.

I

MR. BROWN, of Tulare. Mr. President: I think in so important a matter as this there should be a great deal of latitude given to members who make nominations, so that the character and standing of the gen-come here simply naming this man. Simply presenting the claims of tlemen presented before this body may be known, so that we may be able to vote intelligently. I rise before you to present before this body the name of a gentleman that you all know, and with whose family you are all well acquainted; it is a family whose name is connected with the early history of California, and for such every old settler in this State, at least, must have some degree of respect. I refer to Major José R. Pico as a representative native Californian.

MR. BARNES. I would inquire if Mr. Pico was not also a candidate as delegate at large on the Workingmen's ticket?

MR. BARBOUR. Mr. Pico was repudiated by the delegation. plause.]

close.

Now I have a word to say, and I did not intend to have said it, and should not have said it, but the gentleman's own candidate, I have no doubt, is an attorney for the Spring Valley Water Company to-day, He is a partner and relation-a son-in-law-of Senator Sharon, and they have all that business, and know all about the monopolies of the deepest and blackest dye. I don't wish to go into his character, or to know anything about it; I don't care anything about it, or to make any our candidate alone, I would never have said anything about it. admire his spunk, but it was not necessary for him to assail the absent. MR. BEERSTECHER. Mr. President: We don't make this nomination in the spirit of intolerance. We don't make this nomination for the purpose of forcing upon this Convention the person of Judge Sharpstein, nor the purpose of any other man. If we did come here with any such object it would be ridiculous and absurd in the extreme. We Judge Sharpstein for your consideration, nothing further. We don't deny the right of this Convention to choose a man to fill this vacancy, one that they believe to be the best qualified and the most proper person for the place. But we do come here presenting the name of Judge Sharpstein, not in any partisan spirit, but because he is a gentleman who has the indorsement of a majority of the voters of the City and County of San Francisco. Judge Sharpstein received thirteen thousand nine hundred and thirteen votes in the last campaign. Mr. Lloyd received eight thousand five hundred and twenty-six votes. Judge [Ap-Sharpstein has a majority over Lloyd of five thousand three hundred and eighty-seven votes. The total vote cast in the City and County of San Francisco was about twenty-seven thousand, and Judge Sharpstein has received, not a plurality vote, but he has received a majorand saying to you that we recognize these grand principles which underlie this system of government, which is that the will of the people must be respected; that the people are the source of all power, and that when they indicate through the medium of the ballot their choice, their choice ought to be respected. Gentlemen, we don't come here saying to you that you must take Judge Sharpstein. We don't desire to be understood that we are attempting to force any solitary man upon you, for that would be an absurdity. We simply present the claims of this gentleman, saying that he received five thousand three hundred and eighty-seven inore votes than were received by the other candidate, Mr. Lloyd. I have nothing, gentlemen, to say against the character or reputation of Mr. Lloyd. Nothing at all. Absolutely nothing. That is a matter for your consideration and inquiry. Nor do we come here presenting the name of any one who would be unfit to sit in this Convention along with us. Nor do I think Col. Barnes would present any one here who was not qualified and worthy to sit here. I urge nothing against the candidate he has presented. The San Francisco delegation urges nothing against him. But we do say that Judge Sharpstein is the choice of the people of San Francisco, and the man who has received a majority of all the votes cast should be chosen. With all due deferenee to the gentleman from San Francisco, Col. Barnes, I do say that the express indorsement of the people of San Francisco is better than the charges that the gentleman has brought against Judge Sharpstein, and we ask that Judge Sharpstein be elected to fill this vacancy. I ask it as a matter of justice. We appeal to you, representing the

MR. BROWN. I will proceed further. I know that party sentiments are in conflict here. Men are in favor of certain men. It is not for me to say to you whether or not this feeling runs so high as to endangerity, an absolute, positive majority. We come here appealing to you, justice and right. That is a matter for this body to take into consideration. As range has been given to some extent, I presume it will not be out of the way for me to refer to some extent to the Pico family and their ancestors. Now, I don't intend to take up as much time as has already been taken up here. I shall be brief in my remarks; and if I am not too frequently interrupted, shall soon bring my remarks to a Mr. Pico's father was in the Constitutional Convention-that great Convention which brought forth the Constitution under which we have been living for so many years. He took a prominent part in the proceedings of that body, and all of us remember his name with some degree of reverence. We all remember him as a philanthropie man, whose donations to the State mark him as a liberal as well as a wealthy man and most worthy citizen, one to be admired and loved by every person. Now, for instance, we find that he had donated to this State a site for a State Capitol, in San José. We find that this illustrious man, almost forgotten in the heat and strife of political contests, presented the grounds for the State Prison at San Quentin. Is this all he has done? Had he stopped at that he would have been worthy the honor of being a member of this Constitutional Convention; but he went farther, and gave to this State the grounds for the Insane Asylum at Stockton. This has been the manner of this illustrious man from that time down. Here, to the Capitol of this State, he gave stone worth five hundred dollars. Now, these are acts which show the intentions and good feelings of the man. Now we have before us Major José R. Pico. He is a gentleman of refinement and a scholar. I shall not advert to

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