majority of the people of San Francisco; and, gentlemen, the vote here will determine whether we respect the voice of the people as the voice of God, or whether we expect to vote from a partisan spirit in this campaign. I am free to say that if Mr. Lloyd had received the indorsement of the people of San Francisco, as Judge Sharpstein has received that indorsement, I should vote for Mr. Lloyd. Though I was elected on a partisan ticket, I am prepared to vote for your choice from the County of Merced, as I am prepared to vote for your choice in the other case, because these vacancies belong to you. You received an express indorsement of the people in that part of the country, and we respect and honor that indorsement, and we ask you, as a matter of simple justice, as a matter of right, involving the democratic principle upon which our system of government is based, that Judge Sharpstein receive your indorsement. which I intend to cast. I occupy a position probably different from most of the members on this floor having been elected as an Independent. Not having received my nomination from any party, whether Non-Partisan, Democratic, or Republican, or Workingmen, but being supported by the great majority of the district which I have the honor to represent here. Now, sir, I claim it to be the duty of the members on this floor to throw aside all partisan prejudice and vote according to the dictates and will of the majority. The question presented here for our consideration at the present time, is to fill the vacancy caused by the resignation of Thomas Morris, of San Francisco. The question whether he was eligible or not does not enter into the contest at the present time. I claim, sir, that the seat should be filled by a representative of the same constituency which he represents. I don't claim that any body of men upon the floor of this house-the Workingmen-have the right exclusively to name the MR. WINANS. Mr. President: I do not intend to participate in any man to fill this position, but I do claim that the wishes of these gentleof the altercations or eulogies of this debate. But when one member men should be respected. I understand that the people of San Fransays that Judge Sharpstein is the choice of the people, meaning the cisco, at the last election, indorsed the principles and the platform upon people of San Francisco, he himself forgets to tell you that the voice of which this man Thomas Morris was elected, and I intend, as far as I am the people of San Francisco has no expression on the floor of this Con- concerned, to act independently of all parties, and cast my vote for vention. The old political parties were divided and split among them- Sharpstein. [Great applause on the Workingmen's side.] selves. The result was brought about by unhappy dissensions among MR. JOYCE. Mr. President: I rise to indorse the nomination of Judge the old parties. The present local delegation does not represent a major- Sharpstein. I don't intend to occupy your attention for any long length ity of the voters of San Francisco. We divided among ourselves and of time, by any long speeches. It is a well known fact that this famous fell a victim to our own dissensions. Had it not been so this local dele-sand lot that the gentleman speaks about is the declared enemy of all gation would never have been here. They do not by any means repre- forms of monopolies, bank rings, railroad monopolies, land monopolies, sent the majority of the people of San Francisco. [Applause.] That is the reason, Mr. President, that these men are not MR. SHAFTER. Mr. President: I would take great pleasure in going to sit still and allow the name of Judge Sharpstein to come up supporting Mr. Pico, the nominee of the gentleman from Tulare, if I without a fight. That is the reason they bring it up. could do so with propriety and safety. I am a man of exceeding timidity, and am apprehensive that I should be exposed to considerable personal danger from Mr. Pico, were he a member of this Convention. In his canvass, Mr. Pico declared his intention to bring his lasso here, and with it, subject all the thieves and rascals in the State and Convention to the discipline of that instrument. As he includes me in his inculpatory terms, I think I have a right to increase my chances for security by excluding him, if possible, from this Convention. In republican governments, there seems to be a propriety in not bestowing too much honor upon one family. Those familiar with the public life and conduct of Pio Pico will, I think, all agree that he has given sufficient distinction to his family, at least for this generation. It is said, however, that Mr. Pico gave lands to the State for the purposes of our State Prison, and that we owe him some return for such generosity. I am quite familiar with the State title to its prison property. The title to the lands in question never was in any of the Pico family, and the State paid to its grantor all such land was worth. The nomination of Judge Sharpstein is of somewhat different character. I have known this gentleman for twenty-six years. In eighteen hundred and fifty-two, he was in the State Senate of Wisconsin, while I was Speaker of the Assembly. He was subsequently District Attorney of the United States. I have known him since his residence in San Francisco. First a Democrat, he became a Republican, when that party became dominant, and he has returned to his wallowing at the earliest opportunity. He was assailed for malpractice in Wisconsin, as shown by its law reports, though it is but fair to say that it is claimed his conduct was fully explained at the time he was appointed Judge by Governor Booth. Nothing that I have seen or heard, however, has created with me confidence in him. Leaving doubtful objections, there are some which put him beyond the pale of favorable consideration. After the termination of his appointment, the people preferred another candidate for Judge. Neglected by both Democrats and Republicans, Judge Sharpstein turned with great celerity to the sand lots. In a speech made on that classic ground, in language somewhat different in form from the coarseness of Kearney, though the same in virulence, he attributed to the Government of this State, and the influences controlling our people, to the Executive, to the Judiciary, and to the profession of which he was a member, every wickedness and villainy. These charges and assertions were unaccompanied by any explanation or specification; they were simply examples of vindictive vituperation. This violent and vile language was used by this man (long engaged in judicial business), and was uttered to a mob, utterly incapable of reason, already heated to the point of threatening the lives and property of quiet men and good citizens, and was apparently used for the sole purpose of still further exciting the mob to riot, violence, and bloodshed. Every gentleman must use his own judgment as to these nominations; mine forbids me to vote for a man who casts dishonor upon himself, his profession, and the institutions created for the purpose of securing the public peace. It is said we ought not to attack Judge Sharpstein in his absence. It is difficult, at least for me, to see a more proper time and place to investigate the character and claims of a candidate for office than the time when, and the place where, they are submitted to, and are to be acted upon, by those who have the power of election or refusal. It seems to me that a man who makes such assaults upon the character and conduct of those occupying the highest official positions in the State, and upon the whole legal profession, to a mob where an attempt at defense would be met by howling insult, if not with personal assault, is a very poor case to challenge decent and quiet discussion here. I beg to suggest to the gentlemen from San Francisco that they instruct their candidate, that if he is to give blows, he might expect blows in return, and that they earnestly endeavor to reform the sand lots, of which they are the fruit, so as to entitle them to the courteous treatment they claim, and which they have hitherto refused to all with whom they have disagreed. MR. MURPHY. Mr. President: I don't rise, sir, for the purpose of seconding the nomination of any of the gentlemen who have been placed in nomination here. Neither do I intend to make a lengthy speech, but simply to give to the delegates in this Convention the reasons for the yote MR. SMITH, of Kern. Mr. President: I do not rise for the purpose of seconding any nomination, but for the purpose of explaining my vote. I was elected as a Non-Partisan delegate at large, and I deem it necessary for me to explain the vote I shall cast for Sharpstein. I believe that this Convention has the legal right to choose any man it sees fit to fill this vacancy, but I do not believe the Convention has the moral right to ignore the expressed will of the majority of the voters of San Francisco. I believe that I have never met Judge Sharpstein. I know I do not know him personally. I am personally acquainted with the other gentleman nominated here, and I have all confidence in him, and all respect for him. If I but consulted my own wishes and opinions in this matter, I would cast my vote for the other gentleman; but respecting the will of the majority of the voters of San Francisco, I shall cast my vote for Sharpstein. [Applause.] MR. HAGER. Mr. President: I rise, sir, to place in nomination another candidate for this position, and in performing this pleasant duty I have nothing to say regarding the other gentlemen who have been named here. I have known Judge Sharpstein, not intimately, and I have nothing to say against him, for I know nothing of my own knowledge. As to Mr. Lloyd, I have known him for twenty-five years, as a bright student at law. But after the eulogy pronounced upon him by Colonel Barnes, it would be unbecoming of me to say one word against him; on the contrary, I rather feel proud of him. But I desire to place another candidate before the Convention, and inasmuch as there is a lack of harmony among the San Francisco delegation, I am in hopes that I can pour oil on the troubled waters by presenting a man against whose character and qualifications nothing can be urged, as far as I know. I present the name of J. C. Burch, a gentleman who has been honored by the people with a seat in the Legislature of this State, and a position in the Congress of the United States; a gentleman who was appointed by Governor Haight a member of the Code Commission, which position he filled with peculiar ability. He is particularly well qualified for the duties which he will be required to perform if elected to a seat in this body. I am not inclined to indulge in words of praise, or to pass any eulogy upon Judge Burch, but his name is associated with the early political history of the State. It has been said-I have heard it reportedthat Judge Burch sought a nomination in the Non-Partisan Convention in San Francisco. He informs me that such is not the fact. He did not seek the nomination of the Non-Partisan Convention; did not seek the nomination of any Convention. He was placed upon one of the local tickets-the ticket of the party to which he belongs-and defeated. But he did not seek that or any other nomination. MR. TINNIN. Mr. President: Nothing short of a public duty would induce me to inflict a speech upon this Convention, for I am satisfied that they have been sufficiently talked to. But I shall claim a few moments indulgence to state the reasons why I second the nomination, and will support Mr. Burch for the position to which he has been nominated. I have known the gentleman, and been almost constantly associated with him, for twenty-six years in this State. I knew him first as County Clerk of Trinity County; afterwards as District Attorney of the same county; afterwards as a member of the Assembly, then as a member of Congress from the northern part of the State, and afterwards as a member of the Code Commission, which office he filled for about four years. In all these positions in which he has been intrusted, he discharged his duties honestly and faithfully, and with marked ability; and I am satisfied that from his long experience and long association with the people of this State, he will fully comprehend what is wanted in the organic law. I think in the discharge of that arduous duty he will give satisfaction to the people of this State. MR. HEISKELL. Mr. President: It gives me great pleasure to second the nomination of Mr. Burch. He is a life-long Democrat, and has held high and responsible positions, and has filled them with ability. He does not come here with long petitions in his behalf, but his spotless record is his shield, and on that he rests. MR. HARVEY. Mr. President: It may seem preposterous, in view of all that has been said, and the eloquence that has been expended in behalf of the several candidates, for me to name another gentleman for the position of delegate to fill this vacancy. But I shall do so, never theless. I have the honor and the pleasure to nominate for this position Finney, FIRST BALLOT. The roll was called, with the following result: FOR SHARPSTEIN. Harrison, Herold, Herrington, Hughey, Lavigne, Avers, Reddy, Barbour, Reynolds, Barry, Ringgold, Barton, Rolfe, Smith, of 4th District, Dunlap, McFarland, Smith, of San Francisco, Eagon, McNutt, Van Voorhies, Edgerton, Freeman, Glascock, Graves, FOR LLOYD. Van Voorhies, MR. HILBORN. I move that we do now adjourn until to-morrow morning at ten o'clock. On this I demand the ayes and noes. MR. WHITE. I move as an amendment, that when the Convention adjourns to-day it be to meet to-morrow at ten o'clock A. M. MR. WILSON, of San Francisco. I move as an amendment, to adjourn until eight o'clock this evening. Webster, Weller, Boucher, Keyes, Shurtleff, Van Dyke, Prouty, MR. MCCALLUM. A motion to adjourn now cannot be coupled with Walker, of Tuolumne, The motion prevailed. At five o'clock and thirty minutes P. M., on motion of Mr. Hilborn, the EIGHTH DAY. SACRAMENTO, Saturday, October 5th, 1878. The Convention reassembled at ten o'clock A. M., pursuant to adjournment, President Hoge in the chair. The roll was called, and members found in attendance as follows: Andrews, 16 Ayers, Barbour, Barnes, Barry, Barton, Resolved, That when the Convention adjourns it will be until Monday next at Beerstecher, half-past twelve A. M. MR. WHITE. I move to amend that it be until to-morrow morning at ten o'clock. THE PRESIDENT. The question is on the resolution of the gentleman from Sacramento, Mr. Edgerton. MR. MCCALLUM. The question is on the shortest time-on the amendment. THE PRESIDENT. According to the opinion of the Chair the question is on the adoption of the resolution. The motion of the gentleman from Santa Cruz, Mr. White, is a separate and distinct motion. MR. EDGERTON. The question is on the longest time first. By a special rule here in the California Legislature it is the shortest time, but not so in general parliamentary law. The ayes and noes were demanded, and the resolution lost by the following vote: Belcher, Holmes, Rolfe, Hughey, Schomp, Hunter, Inman, Johnson, Jones, Joyce, Kenny, Chapman, Keyes, Kleine, Crouch, Larue, Davis, Dean, Lindow, Dowling, Martin, One day's leave of absence was granted to Messrs. Lewis and Glas- Tinnin, Townsend, Mr. Blackmer. THE JOURNAL. MR. STEDMAN. I notice that we have never had a full Journal read. Now, it is evident to the minds of all this Convention, and there was conclusive proof yesterday, that mistakes will occur, and that they will disagree. I submit that it is proper, when the ayes and noes are called, that they should be read the following morning for correction. I understand that it is customary in all legislative bodies to do so, I would call for the full reading of the Journal. C MR. BEERSTECHER. It seems to be a proper thing, in view of the fact that it would show each member exactly how the ayes and noes are recorded on the previous day's Journal. He can take up the printed Journal that is upon his desk, and he can examine the previous day's proceedings, and if there is any errors in those proceedings he can call attention to the fact, and he can have it corrected. Of course the daily Journal we expect to have printed, and it is proper that it be printed and placed upon our desks the succeeding morning after the proceedings are taken. I believe that has been the regular course in the Senate and the Assembly. MR. BARNES. Mr. President: In view of the fact that the people of this State are groaning under the burden of taxation, and that the mover of the resolution, as well as myself, is here for the purpose of preventing any public expenditure of any form or description, whether necessary or otherwise, I move that the resolution offered by my friend from San Francisco be referred to the Committee on Expenditures and Contingent Expenses, to ascertain and report the probable cost of the extravagance proposed by the gentleman from San Francisco. [Laughter and applause.] MR. REYNOLDS. My facetious friend from San Francisco has talked away five dollars worth of time upon that point. Perhaps I will exceed him in expense to the State. The Act calling this Convention provides that the Convention shall keep a Journal, and print it. Now there are two objects in printing the Journal. One is, that it may be kept for the daily use of the members; the other is, for preservation. Now we do not incur any additional expense if we cause the Journal to be printed daily, and the proof-sheets laid on the desks of the members, to show what were the proceedings of the previous day. Afterwards the forms will be made up and a sufficient number-whatever number the Convention orders will be struck off, and, at the end, bound for preserva- | tion. When the Secretary reads the Journal there at the desk in the morning, half of the members in this hall cannot understand a quarter of what is read. The Journal is read, and now and then a member moves to correct something, but two thirds of the members are unable to hear half that is read, and so the matter goes over and we know nothing about what is in the Journal. At my desk I could not hear a dozen words of the Journal read this morning. I am unfavorably situated, as compared to some others, it is true. If we are going to print the Journal at all, we may just as well have it printed now, and have the proofsheets laid upon our desks every morning for our use. So far as the expense is concerned, I am sorry that the dignified gentleman from San Francisco, Mr. Barnes, should waste time in raising such a question as State. MR. EDGERTON. The gentleman from San Francisco, Mr. Reynolds, is in error when he says that the law provides for the printing of this Journal. Section six provides that "a Journal of the proceedings of the said Convention shall be kept, and shall, at the final adjournment thereof, be filed in the office of the Secretary of State, and the Constitution agreed to by the Convention shall be recorded in his office." I know, sir, by experience as a member of the Legislature, that very great convenience has ensued from having a resolution adopted similar to this, and I suppose that this Convention will certainly order this Journal to be printed, or preserved in some form, and deposited in the State Library. I am in favor of the resolution, except in this particular: I do not see what necessity there is for five copies of the Journal to each member. I would like to hear from the gentleman why five copies should be printed. THE PRESIDENT. If there be no objection to the amendment making it two copies, instead of five, it will be so amended. MR. EDGERTON. I accept the amendment. I only rise to say that if any gentleman votes upon the theory that a Journal is to be publishedand I suppose every gentleman is in favor of preserving the proceedings in some authentic form-that as to cost, the Journals can be laid on our tables every morning, with but little additional cost. The only additional cost will be the paper involved, and a little ink. That is all there is of it. MR. TINNIN. I desire to sustain the resolution offered by the gentleman from San Francisco, Mr. Beerstecher. The same matter was brought forward in the State Senate two years ago. Members could find the proceedings of the day before on their desks, and see whether any mistakes had been made in the proceedings of the day before. Now, so far as the number of copies are concerned, I say that there can be no necessity for the amendment, for the reason that five copies will cost little more than two copies. I am sorry that the gentleman accepted the amendment offered by the gentleman from Sacramento. THE PRESIDENT. The question is on the motion of the gentleman from San Francisco, Colonel Barnes, to refer the matter to the Committee on Expenditures and Contingent Expenses. MR. EDGERTON. I hope that will be voted down. MR. HAGER. Mr. President: This Act, sir, does not require this Journal shall be printed; that is a mistake, so far as my investigation goes. In looking at it there is no requirement in the Act for the printing of this Journal. If my friend can find any such provision I should like to have it pointed out. It says that a Journal shall be kept and certified by the proper officers of the Convention, and then filed in the Secretary of State's office, and I presume some future Legislature would have it printed if the Constitution should be adopted. At all events it will be there as a memorandum in case any person wants to refer to it. I am not very tenacious whether this Journal is printed or not; but I think that it is very important that reference should be made to a committee to ascertain what shall be printed in that Journal. In the course of time various propositions will come before this Convention, embodying the points which it is desired to incorporate in the new Constitution. They will come forward in the shape of resolutions, and all these propositions would have to be printed in the Journal. At the same time, under the rule for printing, they will have to be printed in another form for the use of the members. Therefore I think it is very important to send it to a committee, who shall judge what shall be printed, excluding all propositions that may be offered as amendments to the Constitution and that must necessarily be printed by themselves; otherwise we will have a volume of perhaps two hundred pages every morning. MR. BARRY. Mr. President: I think the Journal should be printed, but I would not favor more than two copies. I think two copies would be sufficient. I agree with my friend Colonel Barnes that the resolution should be referred to the Committee on Contingent Expenses. MR. BARNES. Mr. President: I wish to say, in explanation of my motion, that I quite agree with my friend from San Francisco that something of the kind should be done, and the reason I moved to refer to the committee is because I think that anything that involves an expenditure of money ought to be based upon an examination, and as it does not hurt anybody to-day, I think it ought to go there. That is all. MR. RINGGOLD. Mr. President: I understand that this rule would require an additional clerk. THE PRESIDENT. No additional clerk would be required. The question is on the motion to refer to the Committee on Expenditures, with instructions to examine into and report the probable cost. The motion to refer prevailed. PHONOGRAPHIC REPORTERS. MR. NOEL. Mr. President: I offer a resolution: Resolved, That a committee of five be appointed by the President, whose duty it shall be to prepare and report to the Convention, at its assembling on Monday next, a resolution for its consideration, defining the duties of the official reporter of the proceedings and debates of the Convention, and fixing definitely his compensation. MR. NOEL. Mr. President: We have expended a very considerable portion of time here wrangling over this subject and in idle debate, and nothing has been accomplished. The object of the resolution is simply to have the matter presented to the Convention in such a shape that we can act upon it definitely, and that without delay. MR. LARKIN. Mr. President: I think this Convention has indicated its views very clearly on this proposition. I therefore move to lay the resolution on the table. The resolution was laid on the table. THE CONSTITUTIONS. MR. HOLMES presented the following resolution: MR. BEERSTECHER. I merely inserted the word five copies, and I am perfectly willing that if the Convention sees proper that two copies should be substituted for five copies. As the gentleman from Sacramento has very aptly said, this Journal, when printed and preserved by us, can be used as a matter of reference. We can turn back and see what has been done. Unless we have a Journal of this character we cannot see what resolutions have been offered here nor what business has been done. This does not necessitate the appointment of a Phonographic Reporter. It is merely the printing of the minutes that are read here every morning, and it seems to me a matter of absolute neces- MR. BARNES. Mr. President: There has already been laid upon sity that we should have a memorandum of the proceedings. It will be the desks of the members, and I presume of the gentleman who offers impossible to retain in our memory everything that has taken place the resolution, a very handsomely gotten up copy of the present Constihere. If we have a printed Journal it shows us clearly what motions and tution of the State of California, interlined with blank leaves for the what resolutions have been made, voted down, lost, or carried. I have purpose of annotation, and I hardly think we require another. More examined the proceedings of a number of the Constitutional Conven- than that, any person who desires a copy of the law can have it on tions that have been held in this country during the last forty years, application to the Secretary of State, who will furnish him with a copy and in every one of them have Journals of this character been preserved of the statutes containing it. MR. HOLMES. and printed. Even those Conventions that have had their debates and As the effect of my resolution was simply to authorproceedings printed in full, have also, in addition thereto, kept a Journalize the State Printer to do what he had already done without authority, which has been printed and placed upon the members' tables in the morning. And, gentlemen, it is a matter of absolute economy and a matter of necessity, and I hope that the motion will prevail, and that we will have the benefit of a printed Journal. I withdraw it. MR. EDGERTON. Mr. President: I move that five hundred copies of the Constitution of the United States be printed and distributed among the members. The copy alluded to by Colonel Barnes embraces only the |