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Constitution of the State. It is important for members to have the Constitution of the United States in convenient form as well as the Constitution of the State. I move, therefore, that five hundred copies of the Constitution of the United States be printed and laid on the desks.

MR. FILCHER. Mr. President: I would state, perhaps, for the edification of the gentleman from Sacramento as well as of this body, that I have had furnished me, on requisition, by the Secretary of State, a handsomely and neatly bound volume of the Constitution. MR. EDGERTON. Mr. President: As I am already sufficiently edified, I withdraw the motion.

FILLING VACANCIES.

order, which is the election to fill vacancies.

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Mr. S. B. THOMPSON, having received a majority of all the votes cast, was declared duly elected as a delegate to fill the vacancy caused by the resignation of Thomas Morris of San Francisco.

Mr. Thompson was escorted to the bar of the Convention by Messrs. Edgerton and Shafter and took the constitutional oath of office. THE PRESIDENT. The next order of business is the election of a member to fill the vacancy caused by the death of H. H. Haight. MR. VAN DYKE. Mr. President: I have the honor, as it is a pleasure, to put in nomination to fill the vacancy caused by the death of exGovernor Haight, Mr. J. West Martin, of Alameda County. It was known some time before the assembling of the Convention, in Alameda Martin would be put forward in this Convention from that county to County, by a conference of the delegates from that county, that Mr. supply that vacancy. So that we present to this Convention, so far as that part of the State is concerned, a name that is known, and the suggestion of his name for that place. I may state to the Convention, met with the entire approbation of Alameda County, as being a man in every gents of the University of California from its organization to the present way suitable for the place. Mr. Martin has been on the Board of Retime, and I am inforined by his associates on that Board that he has

THE PRESIDENT. The Convention will now proceed to the special MR. HAGER. Mr. President: On behalf of Mr. Burch and at his request, I desire to return to the Convention-to those who have supported Mr. Burch-his thanks; and at his request I withdraw his name. He is under obligations to his friends for their support. MR. BARNES. Mr. President: As my colleague from San Francisco has already so well expressed it, I desire to thank the members of this Convention for the support which they have given to the gentleman whom I nominated. It is not his desire to continue the contest here. His name was submitted more at the urgent request of others than from any ambitious sentiments of his own, and I therefore, at his request, with-been one of the most active members of that Board. He would be a

draw him from this contest.

THE SECRETARY began to call the roll. When MR. BROWN'S name was called that gentleman said: Mr. President: I wish to state some of the reasons why I shall vote in a certain way. Now, for instance, I was elected by a certain constituency holding certain political proclivities. If there had been a vacancy caused by my death, or by any other cause, I am satisfied—yes, I am thoroughly convinced-that my constituents, those that supported me, would have thought very strange if this Convention had taken into consideration the case of filling the vacancy and filled it with a man of different sentiments-with sentiments different from those of a majority of the people; those that put me in this position. And I am under the impression that the same principles will apply throughout to San Francisco, and that, as the Workingmen won there, it is, upon that principle, right and proper that we should put a man in who is of their political views. And in view of this sentiment in regard to it, as a principle which I think should prevail, I shall vote for Mr. Sharpstein. The roll was called.

MR. BARNES. Mr. President: I ask now that before the vote is

announced the roll shall be called with the statement as to how each member voted, in order that there may be no mistake.

most valuable member of this Convention in matters pertaining to the educational interests of this State. Mr. President, I will state further, that in addition to having the full support of the Alameda delegation, he has a majority of the district delegates from the Second Congressional elect him to supply the place of Governor Haight. I will state further, District, and, with these indorsements, I appeal to the Convention to that Mr. Martin was in the County Convention in which Governor Haight was proposed as a candidate for delegate at large, and put Mr. Haight in nomination and indorsed the platform on which Governor Haight was nominated and elected.

MR. O'SULLIVAN. Mr. President: As we, the delegates of the Workingmen's party, have appealed in vain to the sense of justice and selection of Judge Sharpstein to fill the vacancy from that city, I feel magnanimity of this Convention to regard the will of the people in the under no obligations to pay any regard to the desires of the majority here in filling the vacancy from the Second Congressional District. I shall certainly not vote for Mr. Peachy, the author of the infamous Coolie bill of eighteen hundred and fifty-two and eighteen hundred and MR. HOWARD. I call the gentleman to order.

fifty-three.

MR. BARNES. Mr. Peachy has not been nominated before this Con

It was so ordered, and the President announced the result of the bal-vention. It will be time enough for gentlemen to attack him after he

lot as follows:

Ayers,

Barbour,

SEVENTH BALLOT-FOR SHARPSTEIN.

Smith, of 4th District,
Smith, of San Francisco,

Tuttle,

Vacquerel,

Walker, of Marin,
Waters,

Wellin,

West,
Wickes,
White,
Wyatt-61.

is put in nomination. Until then, such remarks are out of order.
THE PRESIDENT. The point of order is well taken; it is for the
Convention to say whether the gentleman shall be allowed to proceed in

order.

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MR. O'SULLIVAN. Mr. President: I nominate G. Thom for the vacancy from the Second Congressional District-a gentleman who ran as delegate at large on the Workingmen's ticket-a gentleman indorsed by the people of Alameda County and the people of the State-a Workingman, and a gentleman who is capable of filling this position as well as any of those named in opposition.

MR. VAN VOORHIES. Mr. President: I am authorized by Judge Lamar to state that he is not a candidate before this Convention for any position whatever; and he desires that his friends do not vote for him. MR. MURPHY inquired if Mr. Peachy was a candidate, and was informed that he was not.

THE CHAIR declared the nominations closed.

THE SECRETARY began to call the roll.

MR. REYNOLDS. Mr. President: I beg leave to place in nomination the name of that inveterate foe to corporations, that life-long friend of the people, the name of that great and good man, Leland Stanford. I do this, Mr. Chairman, on the ground that I prefer to deal with principals rather than agents. The suggestion

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Soule,

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Prouty,
Pulliam,
Reed,
Rhodes,
Schell,

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Andrews,

Hall,
Harvey,

Barnes,

Belcher,

McCallum,

Shafter,

Shoemaker,
Shurtleff,
Steele,

Stevenson,
Stuart,
Tinnin,

Townsend,
Tully,
Turner,

THE PRESIDENT. It is out of order for the gentleman to make any remarks while we are voting. The gentleman can make his nomination but not a speech.

[Cries of "Leave," "Leave."]

THE PRESIDENT. If there be no objection the gentleman may go
on with his speech. The gentleman has leave to proceed.
MR. REYNOLDS did not avail himself of the privilege.
The roll was called, with the following result:

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59

107

3

4

Necessary to a choice

Mr. Martin received..

Mr. Thom received.

Scattering

J. WEST MARTIN, having received a majority of all the votes cast, was declared duly elected a member of this Convention, to fill the vacancy caused by the death of H. H. Haight.

MR. VAN DYKE made a motion that Mr. Martin be presented to the bar of the Convention and take the oath of office, but it appearing that Mr. Martin was not in the city, the motion was withdrawn.

THE PRESIDENT. The next business in order is the election of a member to fill the vacancy caused by the death of G. M. Hardwick, of Merced and Mariposa Counties.

MR. TULLY. Mr. President: I rise to put in nomination for that position a gentleman whom I have known for many years. I do not think it necessary for me to attempt any eulogy upon his character, as I presume the minds of the members of this Convention are already made up. I therefore nominate Mr. J. M. Strong, a resident of Merced County. Mr. Strong is engaged in agricultural pursuits, a gentleman of good practical sense, and if admitted to a seat upon this floor, I think the friends of reform and good government will not find anything to regret in the course that he will pursue.

MR. BROWN. I second the nomination.

O'Sullivan,

Whole number of votes cast.
Necessary to a choice.

Mr. Strong received.
Mr. Lapham received.
Scattering

Among the scattering votes were: Reynolds, for Leland Stanford; Ringgold, for M. D. Boruck: Smith, of San Francisco, for Peter Donahue; Wickes, for Theodore Tilton; Stedman, for Dr. Mary Walker; and Wellin, for Henry Ward Beecher.

MR. STRONG was escorted to the bar of the Convention by Messrs. Tully and Brown, and took the oath of office.

On motion of MR. MURPHY, at forty minutes past eleven A. M., the Convention adjourned to meet on Monday, at one P. M.

TENTH DAY.

SACRAMENTO, Monday, October 7th, 1878. The Convention reassembled at one o'clock P. M., pursuant to adjourn

The roll was called and members found in attendance as follows:

MR. STEDMAN. Mr. President: I desire to place in nomination, forment, President Hoge in the chair. the suffrages of the Workingmen's delegates of this Convention, at least, a good, honest, true man-Mr. S. O. Lapham, of Merced. The roll was called.

MR. BARRY (When his name was called). I will say this, that I supported Judge Sharpstein yesterday and to-day on principle. I believe that the will of the people, as expressed in San Francisco, should be carried out. I believe that the Convention ought to have elected to fill the place of Mr. Morris such a man as Judge Sharpstein, who represents the same views. I believe the will of the people should be respected, but the Convention has disagreed with me, and I have no fault to find with their disagreement. I will not impugn the sincerity of their motives, believing that they have done what they believed to be right, yet at the same time I thought that the people's voice in San Francisco was favorable to Mr. Morris and Judge Sharpstein, and therefore I cast my vote for him. For the same reason, believing that Mr. Hardwick represented the intelligent people of Mariposa and Merced; that he received a majority, but was unfortunately taken away by death; I still believe in carrying out the same principle, as I propose to act upon principle from now until the very end of this Convention; to do what I believe to be right; to carry out the demands of the people on the vital questions before me; so, now, do I recognize the plea to select an Independent in the place of Mr. Hardwick. I now propose to cast my vote for Mr. Strong.

MR. LINDOW-(When his name was called). Some gentlemen don't vote. I don't think it looks well for a member to sit here and don't cast a vote at all; either that I am very much grieved that I am defeated in my first vote in Judge Sharpstein, but I don't want to see bad feeling in this Convention; but that I make my speech as short as possible, I vote for Mr. Strong.

MR. WICKES (When his name was called). As my vote would not do any good either on one side or the other, I must accept the situation and be consistent. I vote for that good, patient, and long-forbearing man, Theodore Tilton. [Laughter.]

The result of the vote was announced as follows:

Andrews,
Ayers,
Barbour,
Barry,
Barton,
Beerstecher,
Bell,
Berry,
Biggs,

Blackmer,
Boggs,
Boucher,
Brown,
Burt,
Campbell,
Caples,
Charles,
Condon,

Cowden,

Cross,

Crouch,

Davis,
Dean,

Dowling,
Doyle,
Dunlap,
Eagon,
Edgerton,

Estey, of Contra Costa,
Estee, of 1st District,
Evey,

PRESENT.

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Fawcett,

Filcher,

Finney,

Moffat,

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Andrews,

Ayers,

FOR STRONG.
Blackmer,

Boggs,

Barnes,

Boucher,

Barry,

Brown,

Barton,

Burt,

Belcher,

Bell,

Berry,

Biggs,

Townsend,

Tully,

Turner,

Tuttle,

Vacquerel,
Van Voorhies,

Walker, of Marin,

Walker, of Tuolumne,

Waters,
Webster,

Weller,

West,

Wickes,

White,

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printed. The question is on the motion of the gentleman from San Francisco.

MR. REYNOLDS. I would suggest that the gentleman from San Francisco for the present withdraw his motion to postpone and print until the whole report of the Committee on Rules be read. And the reason is this: there is not much probability that the house will adopt the report of the Committee on Rules as a whole, or perhaps that part of it relating to standing committees, until the members have had an opportunity to examine the report. They can only do that when it has been printed, and it will doubtless be read as a whole, ordered printed, and further action delayed until to-morrow morning. I think that will More time will be consumed in the shortest way of getting at it.

members attempting to find out what the report is than it will take to print the proof sheets. It can be easily printed and laid on the tables of members.

Leave of absence for one day was granted to Messrs. Belcher, Chap-be man, Schomp, Winans, Hall, Farrell, Van Dyke, Shafter, and Wellin; and for two days to Mr. Dudley, of San Joaquin. Leave of absence was also granted to Mr. Barnes until Wednesday, and to Mr. Strong until Thursday.

The Journal of Saturday was read and approved.

MR. EDGERTON. I think the gentleman who last addressed the Convention is under a misapprehension in this matter. As I said, this J. WEST MARTIN, who was elected on Saturday to fill the vacancy Convention has already adopted a partial report as to what committees caused by the death of ex-Governor Haight, was sworn in.

[MR. MCFARLAND in the Chair.]

MR. HILBORN sent up a resolution.

ADDITIONAL COMMITTEES, ETC.

should be appointed. I think some twenty-five or twenty-eight committees have already been provided for in the report adopted by this Convention and is now the law of this body, and the President is now engaged in making up those committees. The question now before the Convention does not go to the rules recommended for the government tional committees which have been recommended. That is all the question that there is now before this house. The rules are not before the house at all. The committee have recommended the appointment of six or seven additional committees, and that is all there is before the Convention.

At the same time Mr. ESTEE presented a report from the Committee of this body, but simply whether the Convention shall have the addion Rules and Order of Business, as follows:

Mr. President: Your Committee on Rules, Order of Business, and Standing Committees recommend that the following additional committees be appointed: On Agriculture, Manufactures, and Commerce, to consist of eleven members; on Mining, to consist of eleven members; on the Pardoning Power, nine members; on Tide Water and Navigable Streams, nine members; on Labor and Capital, nine members; on Engrossment and Enrollment, seven members. Respectfully, M. M. ESTEE, Chairman.

The report was accepted by the Convention, and MR. ESTEE moved its adoption.

MR. CAPLES. Mr. President: I have a resolution to offer. The resolution was laid on the Secretary's desk until after the disposal of the report of the committee.

MR. MCCALLUM. The question is on the adoption of the report of the committee. When a committee makes a report it is always under-think we might as well settle it right now. If we have reported a comstood to be moved to be adopted.

THE CHAIR. I do not understand that it has any precedence over any other motion. MR. ESTEE. It has no precedence, but it is a very important matter for the Convention to adopt now, or reject now, so that the President can take it into consideration in making up the standing committees-a work upon which he is now engaged. I hope that the Convention will not take up other matters.

MR. BARBOUR. Mr. President: I move, as an amendment, that the consideration of the report be postponed until to-morrow morning, and that two hundred copies of the report be printed. THE CHAIR. The Convention will understand that the report of the Committee upon the subject of Rules and Order of Business has not yet been received. The committee offer a separate report in relation to committees, and that is the motion before the Convention now. MR. AYERS. I ask for the reading of that report. The report was read.

MR. ESTEE. Mr. President: If it is necessary to have this partial report, merely suggesting five more committees, printed for the members before they can understand it, then, sir, I am in favor of having it printed; but it strikes me that a half dozen lines can be understood by all the members of this Convention, and every member in this Convention can tell right now whether we want a Committee on Engrossment, whether we want a Committee on Navigable Waters, on Tide Waters, on Harbors, on Mining, or on Agriculture, Commerce, and Manufactures. That is all the point there is in it. Now, the motion is to put off until to-morrow. I mittee there that we should not have, let it be stricken out by the vote of this body now; or, if there is any committee to be added, let it be added now. Every gentleman has the right to-morrow, or any day, to move for additional committees, as the necessity for them presents itself. That is the practice. Whenever it is found that we need a committee on any particular subject, a member will rise in his place and move for such a committee. It is not expected that your committee will understand all the possible exigencies, but by special request we have reported these, because the President is making up the committees, and because we were expected to report all the committees that we thought ought to be adopted by this Convention. We have done our duty as we understood it, and ask this Convention now to adopt that report, if right, and remedy it, if wrong. Let us not deceive ourselves with the idea that we have got to put it off until to-morrow in order to understand it. I think we all understand it now. I hope the motion to postpone and print will be voted down, for we have more time to-day than we will have

to-morrow.

MR. EDGERTON. A report was made by the Chairman of the Com- MR. REYNOLDS. I have no objection to the adoption of this part mittee on Rules and Order of Business on Friday last or Saturday, of the supplementary report, and I suggest to the gentleman from San enumerating several standing committees, and that report has been Franciscco, Mr. Barbour, to withdraw his motion to postpone and print, adopted and is before this House now. Now this report merely recom- and that we adopt this part of the report solely with a view to facilimends to this Convention the appointment of five or six more committating business, for the reason that amendments may be made by the tees. For instance, a Committee on Engrossment and Enrollment. Convention afterwards. There must be such a committee. The Convention recommitted the matter of the consolidated Committee on Agriculture and Mining to the Committee on Rules, to be further considered. They have considered it further, and they have divided that committee, so that it stands one Committee on Mining, which is a concession to the wishes of a very large majority of this Convention, and one on Agriculture, Commerce, and Manufactures. In addition, there is a committee, at the request of the party which the gentleman represents, on Labor and Capital. I do not see why this should be delayed. The President is now engaged in making up these committees, and it is necessary that this matter should be settled. I hope that the motion to postpone and print will not prevail.

This is

MR. AYERS. The reason I asked for the reading of the report was that I understand that there is no Committee on Lands. MR. EDGERTON. There is a Committee on Public Lands. an additional report, in addition to the committee established the other day.

MR. AYERS. I intended to move such a committee. If other committees should be wanted they can be appointed at any time by a motion.

MR. BARBOUR. This is the reason I wish to have the reports printed, in order that members may know what the committees are. These committees are provided for. There is no disposition to strike out of the report any of these committees, but this Convention must know what the standing committees are. Now, it is just as necessary, and then if we find it necessary to have more committees we will have before us a light with which to govern our conduct. That part of the report comes in the report of the Committee on Rules. The number of the committees is printed in the rules, and provision is made for printing five hundred copies of the whole thing.

THE CHAIR. The gentleman from San Francisco, Mr. Estee, moves that this report be adopted. The gentleman from San Francisco moves that the matter be postponed until to-morrow at eleven o'clock, and that five hundred copies, both of this report and the former report, be

MR. BARBOUR. It seems very difficult for me to make myself understood. I have not objected to these additional committees. I have simply asked that a list of the committees proposed up to the present time, be printed and laid on our desks to-morrow morning, and then if we want additional committees we can have them. I am willing to have the report adopted now, but I want it printed so that we can see what committees we have provided for.

THE CHAIR. I do not know whether the Convention fairly understands the question. The committee made a report the other day reporting a number of committees, and to-day they make a report suggesting additional committees. The motion of the gentleman from San Francisco, Mr. Estee, is that that report be adopted. The question as to the report on Rules and Regulations is not now involved in this motion. MR. BARBOUR. I withdraw the part in reference to printing. MR. HALE. Mr. President: I rise to inquire of the Chairman of the Committee on Rules if it would occasion any inconvenience to have the report printed. If it will not, I desire to renew the motion of the gentleman from San Francisco, and I desire to state why I renew it. Now, we all know, sir, from our general knowledge of the course of deliberative bodies, that the constituting of its standing committees is a matter of the greatest moment. One of our important committees here, on rules, have made two reports-a primary and a secondary one-the two ostensibly to cover or to provide for the appointment of all the standing committees which will be necessary. Now, sir, while from the reading, or rather from my hearing read this report, I see no reason to demur to it, yet I submit that it would be the part of prudence to have this report printed, showing what the committee recommend, and then when, to-morrow, that report has been examined by every member, if they desire to make amendments they can do it then. Now, I think it will be wise for us not only to have this report printed, but all the reports of our standing committees should be printed and laid upon our desks, to give us a chance to examine them before they are acted upon. I therefore renew the motion to print.

MR. EDGERTON. Does the gentleman remember that the Conven

tion has adopted one report fixing the number and designation of some twenty-five or twenty-six committees.

MR. HALE. I believe I am correctly informed upon the action of the Convention. Heretofore a report has been made, which was announced to be partial in its character; that the Convention adopted that report so far as it goes; that now a report is made providing for the appointment of additional committees. The motion is to print the entire report, original and supplementary, and then when it shall come up before the Convention they will all have a better opportunity to examine it in detail, and will be able to say whether they are entirely satisfied with it.

MR. BARTON-(When his name was called). I shall vote for the appointment of a Committee on Chinese, and my reason for doing so is this: I believe that the Committee on Immigration has nothing to do whatever with the labors of this Convention. It is strictly and purely legislative in its bearings, and the subject of Chinese is one of local importance to us, which we are determined to handle in this Convention. Therefore I hope that there will be a Committee on Chinese appointed, and that the House will sustain the motion. I vote "aye" for the appointment of the committee.

MR. CAPLES-(When his name was called). I am in favor of a special committee to consider this subject, but the proposition is thrust MR. EDGERTON. Mr. President: I repeat that as to the report of in here at an improper time, as I conceive to the confusion of legitimate yesterday, it has already become a law of this Convention. The Con- business. I will say this to the gentlemen in favor of this committee, vention almost unanimously adopted that partial report and fixed the when they propose such a committee at the proper time I shall vote for mode in which these committees should be appointed. As I said before, it with them; but as I before remarked, it has been thrust in here before the only question before the Convention is whether these five additional the question on the adoption of the report of the committee. The committees shall be appointed, and that is for the Convention to deter-question ought to have been simply on adopting the report of the commine; and it is suggested by the gentleman from San Francisco, Mr.mittee. Then, every gentleman on the floor will concede that the genBarbour, that then his motion to print the entire report would be in tleman could move for an additional committee. Therefore I vote “no.” order. I hope the report will be acted upon soon, because it is a very MR. ESTEE (When his name was called). I do not wish to explain important duty in which the President is engaged. my vote. I wish to explain to the Convention exactly how the matter MR. JOYCE. It seems to me. Mr. President, if there is any one thing stands. It stands in this way: in the Convention the committee were more than another that deserves the consideration of this Convention, unanimous in permitting one of the members of that committee, from that subject is the Chinese subject. It is one that there has been no San Francisco, if he so desired and if this house so desired, to move this political party for the last ten years that has not given it serious atten-house to have such a committee, and then he would necessarily be tion; yet it seems that the committee has lost sight of it. It seems Chairman of the committee. And with due respect to that gentleman that it was not sufficiently important for our committee to create a he does not now appear to care about being Chairman of that comspecial committee for that one subject. Now, I believe that it is para-mittee. I make this statement to show that the committee were not mount to all other subjects, and I desire that there should be a special opposed to having one of the standing committees of this House invescommittee on that subject alone, and I would now move that the Chinese tigate this question. It was done as a matter of propriety and delicacy, subject has a special committee for itself. and it should not be charged that this committee were trying to evade it. The committee were unanimous in all these questions, and were unanibest committee that could be made to investigate it. I vote "ave." MR. FREUD (When his name was called). Mr. President: By leave of the Convention, I should like very respectfully to explain my vote. I concede a great deal that has been said by the Chairman of the committee. Undoubtedly much that pertains to the Chinese question probably will and ought to come before the Committees on Immigration, and Capital and Labor; nevertheless the question is so broad, and of such an anamolous character, that in my opinion it should have a special committee. Therefore, I shall vote "aye."

MR. EDGERTON. The report which was adopted the other day provided for a committee that covers this case-the Committee on Immi-mous in permitting, if the house saw fit, the fullest examination of the gration.

MR. JOYCE. My point is this: I do not believe that this Committee on Immigration can deal with this. That affects the United States. We calculated to deal with its domestic relations with this State.

MR. EDGERTON. There is in that report a provision for a Committee on Capital and Labor. These two committees cover the whole subject. MR. SHOEMAKER. I move the previous question.

MR. CROSS. I second the motion for a committee on the Chinese question.

THE CHAIR. It is moved and seconded that there be a Committee on Chinese.

MR. JOHNSON-(When his name was called). I think, Mr. President, that the committee's report sufficiently covers this case, but inasmuch as there is a question of doubt, and inasmuch as this question ought to be thoroughly investigated, I shall vote "aye." MR. WICKES (When his name was called). I do not intend to cast any reflection on the committee when I vote "aye." The roll being completed, the Chair announced the result of the vote as follows:

Beerstecher,
Bell,
Berry,
Biggs,

Blackmer,
Boggs,
Boucher,
Brown,
Burt,

MR. JOHNSON. Mr. President: This Committee on Rules have reported in favor of certain standing committees. On further advising among themselves they make an addititional, or supplementary report, that four or five additional standing committees are necessary, in their judgment. Now this is merely a matter of convenience. It is merely dividing out the labor of this Convention among these gentlemen who constitute these different committees. It is simply a division of labor. They have thought that by adding four or five additional committees Andrews, that they can divide out the labor of the Convention more completely, Avers, so that the business of the Convention may be more properly transacted. Barbour, It does not involve any principle. It does not involve any policy. Barry, Therefore I can see no possible objection at all to the addition of these Barton, four or five standing committees to the list which we have already adopted. It seems to me eminently proper that in making his appointments the President should have the names of these committees before him, so as to assign to the different committees those gentlemen who are most suitable to be on those committees. Now, I understand there is a Committee on Immigration. It occurs to me that the Chinese question can properly come before that committee. It is also suggested to have a Committee on Labor and Capital, and if the Committee on Immigration is not the proper committee, this Chinese question can be referred to the Committee on Labor and Capital. In other words, whenever there is any question as to the proper reference of any particular subject, if the title of the committee does not sufficiently specify or indicate it, the President can say, if it meets with the approval of this Convention, to which committee the subject-matter should be referred. I, too, hold that this Chinese matter should be investigated, but it seems to me there is no occasion for making supernumerary committees. There is no necessity for making more committees than are necessary. This Committee on Rules and Order of Business is not discharged, and if any gentleman in this Convention deems that an additional standing committee is necessary, that gentleman can rise here and indicate what additional committee shall be named by this Convention. But it occurs to me that Edgerton, there is no occasion whatever to make too many committees. We have Estee, this Committee on Rules, consisting of several gentlemen of experience, Estey, and they report to this Convention that in their judgment five additional Evey, standing committees are necessary. It occurs to me that there is no Fawcett, objection to them at all. It is a mere matter of routine. It does not Fileher, involve a principle or policy. I am in favor of the motion of the gentleman from San Francisco, Mr. Estee.

MR. BEERSTECHER. I have a resolution to offer. MR. SHOEMAKER. I call attention to the fact that I moved the previous question.

THE CHAIR. Those in favor of the main question being now put will please rise.

Campbell,
Condon,
Cowden,
Crouch,
Davis,
Dean,
Dowling,
Doyle,
Dudley, of Solano,
Dunlap,
Eagon,

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Finney,

Freeman,

Moreland,

Freud,
Garvey,

Morse,

Nason,

Glascock,

Nelson,

The previous question was ordered.

THE CHAIR. The original motion was to adopt the report to that an amendment is offered that there be an additional Committee on Chinese. The first question is on the amendment to add an additional Committee on Chinese.

Gorman,
Grace,
Harrison,
Harvey,

Neunaber,

NOES.

Caples,

Gregg,

Stuart-4.

The ayes and noes were demanded by Messrs. Joyce, O'Sullivan, and Barton.

Charles,

And the amendment was adopted.

Noel,

Ohleyer,
O'Sullivan,

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Hour of meeting.

M M. ESTEE, Chairman Committee.

Duties of officers at the close of the session.

Rule 16.-The Secretary and Assistant Secretaries, at the close of the session of the Convention, must deliver to the Secretary of State, duly marked, labeled, and arranged, all propositions, resolutions, petitions, memorials, and other papers belonging to the Convention, and also all books belonging to the same. Order of business.

Rule 17.-1. Roll call.

2. Reading and approval of the Journal. 3. Presentation of petitions and memorials; under which head shall be included remonstrances, communications from individuals and public bodies. 4. Communications from State officers; under which head shall be embraced, also, communications from public officers, and from corporations in response to calls for information. 5. Reports of standing committees, in the order in which they stand in the rules. 6. Reports of select committees. 7. Introduction of resolutions and proporders. 10. General order. 11. Miscellaneous motions and resolutions. Precedence of motions during debate.

Rule 1.-The Convention shall meet each day of sitting at ten o'clock ositions relating to the Constitution. 8. Unfinished business. 9. Special A. M., unless it shall adjourn to some other hour.

Recess.

Rule 2.-The Convention shall take a recess each day from twelve o'clock M. to one o'clock P. M.

Number of members to constitute a quorum.

Rule 18.-When a question is under debate, or before the Convention, no motion shall be received but: 1. To adjourn. 2. To lay on the table. 3. For the previous question. 4. To postpone to a day certain. 5. To commit or amend. 6. To postpone indefinitely. Which several but the first three shall be decided without debate; and no motion to postpone to a day certain, to commit, or to postpone indefinitely, being decided, shall again be allowed on the same day, and at the same stage of the proceedings.

Rule 3.-Not less than seventy-seven members shall constitute a motions shall have precedence in the order in which they are named; quorum for the transaction of business. Duties of President.

Rule 4.-The President, or in his absence the President pro tem., or in

the absence of both, such Chairman as shall be selected by the members present, shall take the Chair at the hour to which the Convention shall have adjourned, and shall immediately call the members to order. To preserve order, to decide points of order, and may speak to same. Rule 5.-He shall preserve decorum and order; may speak to points of order in preference to other members, and shall decide all questions of order, subject to an appeal to the Convention by any five members, on which appeal no member shall speak more than once, except by leave

of the Convention.

Appointment of committees.

Rule 6.-All committees shall be appointed and announced by the President, unless otherwise specially directed by the Convention. Signing of writs, warrants, and subpoenas.

Rule 7.-All writs, warrants, and subpoenas, issued by order of the Convention, shall be under his hand and attested by the Secretary. May call any member to the Chair.

Rule 8.-The President shall have the right to name any member to perform the duties of the Chair, but such substitution shall not extend beyond an adjournment.

To have direction of the hall.

Rule 9.-The President shall have the general direction of the hall of the Convention and of the galleries. No persons, excepting members, officers, and attachés of the Convention, and such persons as may be invited by the Convention, or by the President, shall be admitted within the bar of the Convention. The Chairman of each Committee of the Whole, during the sitting of such committee, shall have the like power of preserving order in the hall and in the galleries.

Duties of Secretary.

Rule 10.-The Secretary must attend each day, and call the roll, read the Journal and all propositions or resolutions. He shall have the direction of the Assistant Secretaries unless otherwise ordered.

Duties of Assistant Secretaries.

Rule 11. The Assistant Secretaries must attend each day, take charge of all resolutions, propositions, petitions, memorials, and other papers presented to the Convention, file and enter the same in the books provided for that purpose, and perform such other duties as may be directed by the Secretary of the Convention.

Duties of Minute Clerk.

Priority of business.

Rule 19. All questions relating to the priority of business shall be decided without debate.

Reference of resolutions; when committees must report.

Rule 20.-When a motion is made to refer any subject, and different committees should be proposed, the question shall be taken in the following order: 1. The Committee of the whole Convention. 2. A Standing Committee.

3. A Select Committee.

Every committee of the Convention to whom a resolution or proposition has been referred, shall report the same to the Convention within fifteen days from the time it is received by the Chairman of the committee, unless further time to report is granted, unless otherwise ordered by the Convention. Every proposition or resolution shall be referred to the appropriate standing committees as indicated by its name given herein.

Motion to divide question; to strike out or insert.

Rule 21.-Any member may call for the division of a question when the sense will admit of it. A motion to strike out shall be deemed indivisible; but a motion to strike out, being lost, shall neither preclude amendment nor a motion to strike out and insert.

Call of the Convention.

The doors

Rule 22.-Upon a call of the Convention, the names of the members shall be called over by the Secretary, and the absentees noted; after which the names of the absentees shall again be called over. shall then be shut, and those for whom no sufficient excuses are made may, by order of those present, be taken into custody as they appear, or may be sent for and taken into custody wherever found, by the Sergeant-at-Arms, or by a special messenger to be appointed for that | purpose.

Division and count of Convention.

Rule 23.-Upon a division or count of the Convention on any question, no person without the bar shall be counted. Calling the ayes and noes.

Rule 24.—On all questions and motions whatsoever, the President shall take the sense of the Convention by ayes and noes, provided five members present shall so require it. When the ayes and noes are taken, no member shall be allowed to vote who shall have entered the Convention after the calling of the roll is finished. The names of members shall be called in alphabetical order. Provided, further, that on all shall be taken by ayes and noes.

Rule 12. The Minute Clerk must keep a correct record of the pro- resolutions and propositions relating to the Constitution, the final vote ceedings of the Convention.

Duties of Journal Clerk.

Rule 13.-The Journal Clerk must record each day's proceedings in the Journal, from which they must be read each day by the Secretary, and then be authenticated by the signature of the President. Duties of Sergeant-at-Arms.

Rule 14.-The Sergeant-at-Arms must give a general supervision, under the direction of the President, to the hall of the Convention and rooms attached; attend during the sittings of the Convention, execute its commands and all process issued by its authority; keep an account of pay and mileage of members, attachés, and employés, and prepare

checks for the same.

Duties of Assistant Sergeant-at-Arms.

Rule 15.-The Assistant Sergeant-at-Arms must attend the sittings of the Convention each day, prohibit all persons except members, officers, and employés, and such other persons as may have the privilege of the floor assigned them by the rules of the Convention, from entering within the bar unless upon invitation, and keep order in the halls, lobbies and galleries.

Explaining or changing vote.

Rule 25.-No member shall be allowed to explain his vote or discuss the question while the ayes and noes are being called; and no member shall be allowed to change his vote after the vote is announced from the Chair.

Motion to instruct committees.

Rule 26.-It shall be the duty of each member who moves that any committee be instructed to inquire into the expediency of amending or revising the existing Constitution, to point out the amendment which he deems expedient, in writing, to accompany his motion. Commitment and recommitment of motions and reports.

Rule 27.-Motions and reports may be committed or recommitted at the pleasure of the Convention, and with or without instructions from the Convention.

Motion, or proposition of a subject, different from that under consideration, inadmissible under color of amendment.

Rule 28.-No motion, or proposition of a subject, different from that under consideration, shall be admitted under color of amendment.

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