When motion or resolution may be withdrawn. Rule 29.-A motion may be withdrawn, by leave of the Convention, Rule 30.-A motion to adjourn shall always be in order. The Minute Rule 31.-No motion shall be debated until the same shall be seconded Order in speaking to questions lost by adjournment. Rule 45.-If a question pending be lost by adjournment of the Convention, and revived on the succeeding day, no member who shall have spoken on the preceding day shall be permitted again to speak without leave of two thirds of the Convention. Calling members to order when transgressing rules. Rule 46.-If any member, in speaking or otherwise, transgress the rules of the Convention, the President shall, or any member may call to order. ately sit down, unless permitted to explain; and if called to order by a In which case, the member so called to order shall immedimember, such member shall immediately state the point of order. If the point of order be sustained by the Chair, the member shall not be allowed to proceed; but if it be not sustained, then he shall be permitted to go on. Every such decision from the Chair shall be subject to an Rule 32.-A substitute shall be deemed an amendment, and be treated appeal to the Convention, but no discussion of a question of order shall in all respects as such. be allowed unless an appeal be taken from a decision of the Chair. Previous question; how demanded. Rule 33.-The previous question shall only be put when demanded by five members. Questions of order after previous question is ordered. Rule 34.-All incidental questions of order arising after a motion is made for the previous question, and pending such motion or previous question, shall be decided, whether on appeal or otherwise, without debate. The previous question; how put. Rule 35.-The previous question shall be put in the following form: "Shall the main question be now put?" And all debate upon the main question shall be suspended until the previous question shall be decided. After the adoption of the previous question, the sense of the Convention shall forthwith be taken upon original amendments reported by a committee, upon pending amendments, and then upon the main question, without debate. Question to indefinitely postpone. Rule 36.—When a question is indefinitely postponed, the same shall not be again introduced during the session of the Convention. Notice of reconsideration. Rule 37.-On the day succeeding that on which a final vote on any proposition or resolution concerning the Constitution, or other resolution, has been taken, said vote may be reconsidered, on motion of any member; provided, notice of intention to move such reconsideration shall have been given on the day on which such final vote was taken, by a member voting with the majority; and it shall not be in order for any member to move a reconsideration on the day on which such final vote was taken. Such motion of reconsideration shall have precedence over every other motion except a motion to adjourn. No notice of reconsideration shall be in order on the day preceding the last day of the session. Protest of members. Rule 38.-It shall be in order for any member, or members, to protest in writing against action of the Convention, and have such protest entered upon the minutes. Question of privilege. Rule 39.-A question of privilege shall be entitled to supersede other business; but when a member brings forward such question, he shall first present his complaint, either verbally or in writing; and the presiding officer shall decide, in the first instance, whether such statement, however brought forward, involves a question of privilege. If such decision shall be in favor of the question of privilege, the member may then make such observations as may be pertinent to the question of privilege, and may submit such resolution or motion as he may desire for the consideration of the Convention. Times a member may speak. Rule 43.-No member shall speak more than twice on one question, without first obtaining leave of the Convention, nor more than once until other members who have not spoken shall speak, if they desire to. Call to order for offensive words in debate. Rule 44.-If any member be called to order for offensive words spoken in debate, the person calling him to order shall report the words excepted to, and they shall be taken down in writing at the Secretary's table; and no member shall be held to answer or be subject to censure of the Convention for language used in debate if any member has spoken or other business has intervened after the words spoken and before exception to them shall have been taken. The President to decide who is entitled to the floor. Rule 47.-When two or more members shall rise at once, the President shall decide who is first to speak. Taking up propositions or resolutions out of order. Rule 48.-When a member shall ask leave to have a proposition or resolution taken up out of its regular order, he shall, in making the motion, give the number and title of the same. Reading of resolutions before final action thereon. Rule 49.-Every resolution proposing any alteration in the Constitution shall be read on two several days before it is finally acted upon and adopted by the Convention. Indorsement and statement of object of papers introduced. Rule 50.-Every member presenting to the Convention a peation, memorial, or remonstrance, shall indorse his name thereon, together with a brief statement of the nature and object of the instrument. Title and numbering of propositions and resolutions. Rule 51.-Propositions and resolutions proposing matter to be incorporated in the Constitution shall be prefaced with a title briefly indicating the subject to which they refer. They shall be in writing, on legal cap paper, or printed, and shall be numbered by the Secretary in the order in which they are introduced. Resolutions limited to one subject; reading and reference of same. Rule 52.-Propositions and resolutions mentioned in the last foregoing rule shall embrace but one subject; they shall be read once when introduced, and then referred, without debate, to an appropriate committee. General file. Rule 53.-All propositions and resolutions, embracing matter proposed to be incorporated in the Constitution, reported by a standing or special committee, shall be read when reported, and shall be placed on a general file, to be kept by the Secretary, in the order in which they are reported. They shall be taken from the file and acted upon in the order in which they are placed thereon, unless otherwise ordered by the Convention; provided, that engrossed propositions and resolutions shall be placed at the head of the file, in the order in which they are received. Two hundred and forty copies of the file for each day shall be printed. Committees not to sit during session. Rule 54.-No committee shall sit during the session of the Convention without leave. Committee of the Whole. Rule 55.-In forming a Committee of the Whole Convention, the President may preside or appoint a member to preside. Propositions or resolutions relating to the Constitution shall be committed to a Committee of the Whole Convention, and shall be read in Committee of the Whole by sections. All amendments shall be noted and reported to the Convention by the Chairman. After report, the proposition or resolution shall again be subject to amendment before the final question is taken. Rule 56. The rules of the Convention shall be observed in Committee of the Whole, so far as they may be applicable, except for limiting the times of speaking, and except that the ayes and noes shall not be taken, and that the previous question shall not be moved. Rule 57.-A motion that the committee rise shall always be in order, and shall be decided without debate. Orders, resolutions, etc., which shall be considered in Committee of the the Constitution, and all reports of committees appointed to consider Rule 59.-The rules of parliamentary practice contained in “Cushing's Law and Practice of Legislative Assemblies," shall govern the Convention in all cases to which they are applicable, and in which they are not inconsistent with the standing rules and orders of the Convention. 19. On Agriculture, Manufactures, and Commerce; to consist of eleven members. 20. On Mining; to consist of eleven members. 21. On Immigration; to consist of fifteen members. 22. On Reporting and Printing; to consist of five members. 24. On Mileage and Contingent Expenses; to consist of nine members. 25. On Pardoning Power; to consist of nine members. 26. On Harbor, Tide-water, and Navigable Streams; to consist of nine members. 27. On Labor and Capital; to consist of nine members. 28. On Engrossment and Enrollment; to consist of seven members. 29. On Chinese; to consist of fifteen members. 30. On Land and Homestead Exemption; to consist of nine members. MR. REYNOLDS. I move, to save time, that the reading of the report be dispensed with, and that two hundred and fifty copies be printed and laid on the desks. MR. BEERSTECHER. I move to amend by making it three hundred and fifty copies. MR. REYNOLDS. It is not necessary to print that many copies until the report has been acted upon by the House, and then print them permanent form, including the names of the standing committees. MR. ESTEE. The names of the committees are in the report. MR. FREEMAN. Has this report been received? THE PRESIDENT. Yes, sir. Rule 64.--No member shall be absent more than two days without leave of the Convention; and a vote of leave of absence shall be inopera-in tive unless the member obtaining it shall avail himself of it within five days. Members absent not to draw pay except in case of sickness or on committee duty. Rule 65. No member shall receive pay for any week day on which he has not actually attended the Convention, except in case of sickness, or when he is absent on committee duty. Papers to be left with Secretary by members on leave of absence. Smoking in the hall. Rule 67.-No smoking shall be allowed within the hall of the Convention during the time of its session. Use of hall. Rule 68.-The hall of the Convention shall not be used for any public or private business other than that of the Convention, except by unani mous consent. Extra pay. Rule 69.-No increase of pay, nor any extra pay, shall be allowed any officer or attaché of the Convention, by resolution or otherwise, except by unanimous consent.. Extra assistance and compensation. Rule 70.-No proposition for additional help in any clerical or other department of the Convention shall be entertained except by resolution, in writing, therefor, and before final action by the Convention thereon such resolution shall be referred to the Committee on Mileage and Contingent Expenses, which committee shall inquire into the necessity therefor and the amount of compensation proper, if the same shall be required, and report without unnecessary delay; and upon receipt of such report the Convention shall forthwith proceed to consider and vote upon the passage of the resolution. Printing. Rule 71.-Five hundred copies of each proposition or resolution embodying matter proposed to be introduced into the Constitution shall be printed. Employment of committee clerks. Rule 72.-No committee shall be permitted to employ a clerk at the expense of the State, without first obtaining leave of the Convention for that purpose. Standing committees. MR. FILCHER. I move to make the number four hundred and eighty. MR. BEERSTECHER. I raise the point of order that this is already an amendment to the amendment, and this third amendment is out of order. The point of order is well taken. The first question is on the motion that the reading be dispensed with and that been offered to make the number three hundred and fifty. two hundred and fifty copies be printed. To that an amendment has THE PRESIDENT. MR. HALE. Two hundred and fifty means two hundred and forty. I suggest that number. MR. BEERSTECHER. I withdraw my amendment. The motion to dispense with the reading and print two hundred and forty copies prevailed. MR. EDGERTON. I would inquire whether the report adopted mentions the number of which the Committee on Chinese shall consist. THE PRESIDENT. I don't understand that any number was mentioned. MR. JONES. I don't know whether it is understood or not, but I move that eleven be the number. MR. EDGERTON. I have the floor, I believe. THE PRESIDENT. I don't understand that any number was mentioned. MR. EDGERTON. I move that the committee consist of fifteen. business the special order for to-morrow at eleven o'clock, so as to dis- MR. FREEMAN. I move to amend by making it two o'clock. RESOLUTIONS. MR. HERRINGTON. I offer the following resolution : Resolved, That each standing committee of this Convention be required to furnish from its own members such Secretaries as may be requisite for the proper recording of the proceedings of such committees. MR. HERRINGTON. I think it is useless to make any extra expenditures for clerical help, for there will always be some member of each committee who will be qualified to perform these duties. MR. EAGON. The rules provide for that in substance. It regulates that matter entirely, and there is no necessity for that resolution. THE PRESIDENT. The Chair will suggest to the Convention that, Rule 73.-The standing committees of the Convention shall be as perhaps, they had better wait until they hear the report of the commit follows: 1. On Preamble and Bill of Rights; to consist of nine members. 2. On Right of Suffrage; to consist of eleven members. 3. On Legislative Department; to consist of fifteen members. 4. On Executive Department; to consist of nine members. 5. On Judiciary and Judicial Department; to consist of nineteen members. 6. On Military Affairs; to consist of eleven members. 7. On State and Municipal Indebtedness; to consist of fifteen members. 8. On Education; to consist of nine members. 9. On State Institutions and Public Buildings; to consist of eleven members. 10. On City, County, and Township Organization; to consist of fifteen members. 11. On Apportionment and Representation; to consist of fifteen members. 12. On Revenue and Taxation; to consist of fifteen members. 13. On Corporations, other than Municipal; to consist of fifteen members. 14. On Miscellaneous Subjects; to consist of nine members. 15. On Future Amendments; to consist of nine members. 16. On Schedule; to consist of eleven members. 17. On Revision and Adjustment; to consist of nine members. 18. On Water and Water Rights; to consist of fifteen members. fee before introducing such resolutions, without knowing what the report is. MR. HERRINGTON. I withdraw the resolution for the present. MR. CAPLES. I now call for the reading of the resolution which I sent to the desk. MR. HILBORN. I sent up a resolution before that. THE PRESIDENT. The Chair will recognize the gentleman from THE PRESIDENT. I don't recollect of recognizing the gentleman from Solano. It does not matter which resolution was received first; he was not recognized by the Chair. The gentleman from Sacramento has the floor. MR. HILBORN. I was recognized. The report was sent up and claimed the attention of the Convention, and that being disposed of, I claim my resolution comes next. THE PRESIDENT. This is a matter of no importance. The Chair has recognized the gentleman from Sacramento. MR. TULLY. I think it is a matter of justice. MR. TINNIN. I am positive that the gentleman from Solano sent his resolution to the desk first, and that he was recognized by the Chair. MR. MCCALLUM. Mr. Chairman: I wish to add my testimony as to the question of fact MR. EDGERTON. I rise to a point of order. The Chair has already decided. THE PRESIDENT. The Chair recognized the gentlemen from Sacra mento. MR. CAPLES. The gentleman can appeal. MR. HILBORN. I appeal from the decision of the Chair. THE PRESIDENT. The Chair understands it to be the province of the Chair to recognize the first person addressing him. My recollection is distinct that I recognized Mr. Caples. MR. MCCALLUM. That was the point I was making when the gentleman called me to order. MR. HILBORN. The gentleman overlooks one thing; my resolution was properly before the House. It was not improperly sent up. I will, however, withdraw the appeal. The Secretary read the resolution offered by Mr. Caples, as follows: Resolved, That J. P. Dray be appointed Night Watchman at the same per diem as paid to the Doorkeepers. MR. HILBORN. I ask the courtesy to have my resolution read as an amendment. I offer it as an amendment: Resolved, That James Saultry be and he is hereby appointed Night Watchman at Andrews, a per diem of five dollars a day, to be paid out of the appropriations for the expenses of the Convention. MR. EDGERTON. I suggest that the gentleman move to strike out and insert. MR. HILBORN. No, sir, I want to fix this up to suit myself. MR. WHITE. I move as an amendment that one of the Doorkeepers be detailed for that purpose, for the reason that I understand that there are more attachés now than are necessary. We have more Pages than necessary, and more Porters and Gatekeepers than are necessary. MR. EDGERTON. I rise to a point of order. We passed a rule the other day that all such matters should be referred to the Committee on Mileage and Contingent Expenses. MR. HILBORN. I think the gentleman is mistaken. I don't think we passed any such resolution. THE PRESIDENT. I don't think there is any standing rule of that kind. But it seems to me that the Convention the other day resolved to leave the appointment of Night Watchman to the President of the Convention. I am so informed. MR. HILBORN. Mr. President: If you recollect, when the committee was appointed to designate the necessary officers for this house, and made their report, we called the attention of the house to the fact that the Night Watchman had not been provided for in their report. I pointed out how necessary it was that there should be such an officer, and my friend on the right corroborated my statements, and has made a report recommending that that officer should be appointed by the President. That report was recommitted to the committee, and when they reported again they left it out, so that, though the house has declared that they will have this officer, yet they have adopted a report and left it out. I doubt if the Chair has any right to appoint that officer. MR. BARBOUR. I have a resolution which' wish to offer as a substitute for the motion and the amendment. MR. HILBORN. I move that this whole matter go back to the committee, and leave it to them to say whether such an officer is necessary or not. MR. BARBOUR. I offer the following resolution: Resolved, That this Convention dispenses with the services of the two side Doorkeepers and the Mail Carrier. Ayers, Bell, Blackmer, Inman, Boggs, Johnson, Boucher, Jones, Campbell, Dudley, of San Joaquin, Lampson, Smith, of San Francisco, Estey, McFarland, Fawcett, McNutt, Filcher, Miller, Mills, Moffat, Moreland, Webster, Freud, MR. BARBOUR. I offer that as a substitute, to vacate those offices,| upon the ground, as I am informed by the Secretary of State, that they are entirely unnecessary. In the beginning I objected to the appointment of these officers, and now I am convinced of the absolute uselessness of these officers. The Secretary of State informs me that the Mail Carrier is entirely unnecessary and useless to the Convention, and that the Postmaster might bring all the mail without any assistance. I Gregg, believe in economy and reform, and every time a gentleman moves for a clerk, I will move to strike off some of them. MR. MCCALLUM. That motion has nothing to do with the motion of the gentleman. I was going to make another motion by moving to refer it to the Committee on Contingent Expenses. I make that motion. The motion prevailed. MR. WEST. Mr. President: I desire to offer the following resolution: Resolved, That an additional committee be appointed, which shall be known as the Committee on Land and Homestead Exemptions. I MR. ESTEE. I move to refer this to the Committee on Rules. have no doubt but that committee, Mr. West being a member of it, will report in favor of this resolution, if it is required, but I do enter my protest against the making of committees on this floor, without the sanction or consideration of the Committee on Rules. MR. WEST. Mr. President: I disclaim any discourtesy towards the Committee on Rules. I offered this so that it might be incorporated in the principal report to be laid on our desks. The motion to refer the resolution to the Committee on Rules prevailed. MR. HERRINGTON. Mr. President: I now offer this resolution, and ask that it be referred to the same committee: Resolved, That each standing committee of this Convention be required to furnish from its own members such Secretaries as may be requisite for the proper recording of the proceedings of such committees. The resolution was so referred. Hale, Casserly, O'Donnell, Ohleyer, ABSENT. Eagon, Hager, Strong, White, Wilson, of Tehama, Mr. President. Wyatt, Wilson, of 1st District, The Journal of yesterday was read and approved. THE PRESIDENT then announced that portion of the standing committees that had been ordered by the Convention, as follows: STANDING COMMITTEES. On Preamble and Bill of Rights-Van Dyke, Van Voorhies, Mills, Freud, Ringgold, Noel, Boucher, Jones, Barton. On Right of Suffrage-Eagon, McCallum, Garvey, Glascock, Sweasey, Evey, Hugh Walker, Townsend, Wyatt, Cross, Caples. On Judiciary and Judicial Department-Wilson, Edgerton, Terry, Shafter, Graves, Belcher, W. L. Dudley, Eagon, Howard, Campbell, Tully, George V. Smith, Steele, Laine, Hilborn, Waters, Dunlap, Barry, Beerstecher. On Military Affairs-Barnes, Holmes, Davis, Stedman, Moffat, E. 0. Smith, Harvey, Ohleyer, Brown, Hunter, Estey. On Education-Winans, Chapman, Martin, Morse, Reynolds, Herrington, Lampson, Mansfield, Huestis. Ổn City, County, and Township Organization-Hager, Fawcett, Mc MR. BARBOUR. Mr. President: I offer the following resolution, Farland, Barbour, Hale, Hall, Schell, Tinnin, Reddy, Rolfe, Barnes, and ask that it be referred to the same committee: Resolved, That an additional Committee on Judiciary be appointed. The resolution was so referred. Holmes, Mills, McCallum, Freeman. On State Institutions and Public Buildings-Overton, Van Dyke, Andrews, Keyes, Larue, Condon, Wellin. On Appointments and Representation-Murphy, Freeman, Swing, On Future Amendments-Blackmer, Webster, Dowling, Gorham, On Schedule-Moreland, Boggs, Joyce, Harrison, McComas, H. W. Smith, Neunaber, Swenson, Vacquerel, Hughey, Kleine. On Reporting and Printing-Shoemaker, Filcher, Ayers, O'Sullivan, Thompson. On Privileges and Elections-Larkin, Stewart, Cowden, Rolfe, Berry, Martin, Shurtleff, Lindow, Nelson, McCoy, Hitchcock, Porter, G. V. Smith, Gregg, Jas. M. Dudley. On Mileage and Contingent Expenses-Hilborn, J. M. Walker, Rhodes, McNutt, Turner, Tuttle, Bell, Doyle, Jones. [MR. MURPHY in the Chair.] REPORT FROM THE COMMITTEE ON RULES AND ORDER OF BUSINESS. MR. ESTEE made the following report from the Committee on Rules and Order of Business: he is able to get four of us to second it. It seems to me that this rule MR. BEERSTECHER. It seems to me that each member ought to MR. LARKIN. I am certainly opposed to the amendment. I would increase that number to ten. We are here for the purpose of framing a new Constitution, and I do not desire to see any frivolous appeals taken. MR. PRESIDENT: Your Committee on Rules, Order of Business, and Standing Com-Any appeal that is properly made will draw a sufficient number of the members of this Convention to its support. I would prefer much to increase the number than reduce it. mittees, to whom was referred a number of resolutions, have considered the same MR. BARNES. I move the adoption of the report. THE CHAIR. The question is on the adoption of the committees. MR. MCCALLUM. I move that the resolution adopted, by which the rules were made the special order for to-day at two o'clock, be reconsidered with a view to calling them up at this time. Carried. MR. MCCALLUM. I move that we now proceed to consider the rules reported by the Committee on Rules. MR. GRACE. I do not know how it may be with other members of the Convention, but I certainly have not had sufficient time to read over these rules. They were laid on the tables at the time of meeting this morning. I don't know what is in them. MR. LARKIN. I move that we take up these rules seriatim, or in taking them up commence at rule one. I hope this Convention will vote upon this question and not spend the day as we did yesterday in doing nothing. THE CHAIR. If there is no objection, the rules will be taken up. The Chair hears no objection. CONSIDERATION OF THE RULES. I trust that a spirit of fairness will adopt this amendment. MR. EDGERTON. I understand the gentleman from Alameda, Mr. MR. FREEMAN. The reason why I think any member ought to have the right to appeal is that when an appeal is taken the original point of order is not debatable, and it is not until after the appeal is taken that a motion begins to be discussed and the attention of other members are directed to it sufficiently to have them join in an appeal. I remember the other day, when the gentleman from San Francisco desired to Rule 1.-The Convention shall meet each day of sitting at ten o'clock correct the record of his vote, the Chair three or four times decided him to be out of order. As soon as the appeal was taken, and the matter Rule 2.-The Convention shall take a recess each day from twelve allowed the gentleman the point which he claimed. I think that any o'clock м. to one o'clock P. M. Adopted. Rule 3.--Not less than seventy-seven members shall constitute a quorum for the transaction of business. Adopted. 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. Adopted. 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. one ought to have the right to bring an appeal or point of order before MR. ESTEE. Mr. President: Your committee, in adopting that rule, MR. BARBOUR. I move to amend the rule by adding after the The amendment was adopted. MR. MCCALLUM. I notice that this rule five provides that "he shall preserve decorum and order; may speak to points of order in preference to other members." I would say that I think that is an unusual proceeding. I think that is something new. But here is another: "He shall decide all questions of order, subject to an appeal to the Convention by any five members." I think it is the right of any member to appeal. I move to strike out the word "five" and insert "any member.” MR. MCFARLAND. I do not think that any one gentleman should have the right to compel a vote of the House upon an appeal without MR. ESTEE. I was unable to hear the gentleman before, and if he withdraws that I have nothing more to say. MR. MCCALLUM. Now, Mr. President, I wish to say in answer to Mr. Estee, that whenever any evidence proves to be true I will adopt it, but this positive assertion that this rule has universally prevailed I most emphatically deny. During my brief term in the Senate any member could take an appeal, and after being seconded he had the right to have a vote of the Senate. I inquired of gentlemen around me whom I happened to have met at the same time in the Assembly. I have said not one word except to correct the gentleman's statement. He seems to be very sensitive on the subject, and I do not wonder at it, in view of the extravagant statements that he has made here in regard to the legislative experience of all past time. MR. EDGERTON. I desire to say one word. The rule of the Assembly--and as I understand that rule has prevailed every session-is as follows: "He shall preserve order, and may speak to points of order in preference to the members, rising from his seat for that purpose, and shall decide questions of order, subject to an appeal to the house by any two members." As I understand it, the rule in California never was that one member can appeal, and if this Convention should adopt such a rule any factious person in this Convention can delay its proceedings for a whole day at any time. The Assembly has eighty members. This Convention has nearly double that number. Your committee, consisting of fifteen members, carefully considered the question and came to the conclusion that it should take five members, and the gentleman from San Francisco, Mr. Reynolds, cordially assented to that rule. MR. EDGERTON. The rule of the Assembly is not as you state. Mr. McCALLUM. I have not said that the rule of the Assembly is not so now. If the gentleman will allow me, I said that when I was in the Senate the gentlemen who were then in the Assembly tell me that the rule then was in the Assembly as it then was in the Senate, that any gentleman could appeal, and on being seconded have a right to have that appeal submitted to the Senate or Assembly. Now the idea is not that these appeal always involve the calling of the ayes and noes, and it is the calling of the ayes and noes that occupies so much time. That requires to be demanded by five members. But the mere right of appeal-and I have accepted the suggestion of my friend here-which I MR. REYNOLDS. I desire to say one word in vindication. suppose would imply, in the first place, that on being seconded, any THE CHAIR. Does the gentleman rise to a question of privilege? member should have the right to appeal. The occasion cited by the gen- MR. REYNOLDS. Yes. When this Committee on Rules was tleman from Sacramento, Mr. Freeman, was in point. Here the other appointed, at the first session of that committee a sub-committee of five morning, the gentleman from San Francisco demanded that his vote was appointed. They put Mr. Barnes upon the committee and then should be recorded as he voted. By some misapprehension he was proceeded to construct these rules. Yesterday morning the committee ruled out of order. He took an appeal and had but one second. The was called together, the rules were read over to the committee, and House, or rather the Chair, corrected the division. I undertake to say there was no such time given to the committee to consider these rules that if that member had depended upon five members noticing what as is now given to this house. It is unfair in the gentleman to say was going on here, he would have failed to have received the second that there has been any due consideration of these rules by this comrequired by this rule. I desire to see time saved, and regret to hear gen-mittee. There has been no due consideration of the rules by the comtlemen speaking frequently, and at length, upon questions of little im- mittee. A sub-committee of five was sprung, and they have been the portance. But this is a question of some moment, coming right home men who have considered these rules and not the committee. And furto the rights of members upon this floor. I have to assume, and it is ther, it makes no difference to me whether the Senate of California, or proper to assume, that every member here has some reputation of his the Legislature of California, have provided that five members shall take own to protect, and would not desire to get the reputation of taking an appeal, or two, or three, or any other number. It is well known that frivolous appeals. I have never seen a body of such dignity as this but the rules of the Legislature of California have been constructed under what every member had intelligence enough to know that he would the most outrageous and unheard-of tyranny, and for the purpose of injure himself and lose his influence if he practiced anything of that squelching and intimidating, and running through that Legislature any kind. Now these questions will be voted upon without a call of the measure that was required by the powers that be. Now, sir, it makes ayes and noes usually, and will be disposed of in much less time than is no difference what the rule of the Legislature has been, but it does make occupied in the discussions of questions of order. a difference what the rule shall be. MR. WICKES. I move that "two members" be inserted instead of "five members." MR. MCCALLUM. I accept the amendment. MR. SMITH, of Santa Clara. I move for a division of the question. Take the question on the motion to strike out first. THE CHAIR. The Chair hardly thinks the question is divisible. MR. DUDLEY, of Solano. When the Chairman of this Committee on Rules had the honor of representing Sacramento County in the Assembly seven years ago, the rule was that two members could take an appeal. That is the case to-day in the House of Representatives of the United States at Washington. Two members can appeal, and I think that is the common rule. I hope the motion of the gentleman | from Alameda will prevail. say that was the rule at the time when the gentleman from San Francisco, Mr. Estee, represented Sacramento County in the Assembly. MR. ESTEE. On the contrary, it was three. MR. EDGERTON. I rise to a point of order. The gentleman merely rose to a question of privilege, and is not at liberty to discuss the merits of the question. MR. REYNOLDS. I yield the floor. I have said all I want to. MR. HEISKELL. My experience differs from that of the gentleman from Sacramento, Mr. Edgerton. The rule may have been changed, but at one time in the history of California it was the rule that one member could appeal provided he had a second. THE CHAIR. The question is on the motion of the gentleman from MR. MCCALLUM. To strike out "five" and insert "two." MR. VAN DYKE. Mr. President: In view of the large number in this Convention, I would be in favor of increasing that number rather MR. DUDLEY, of Solano. It was two. It is two in the House of than diminishing it. I think if there is any attempt by the Chair to MR. ANDREWS. Mr. President: I believe that the question now stands on the motion to make it two. I hope that will prevail. It seems to me, Mr. President, that this is a privilege that pertains to every member to have his position on any question, so that it can be entertained by the house. So far as my experience goes in legislative bodies, I have seen but very few factious appeals. It is very rarely the case. In the hurry of matters of that kind, a member may be cut off from his privilege if he has to have four or five members second his appeal before he has the privilege of stating his grounds. I think two is sufficient. have no knowledge of any legislative body where it has required five members to take an appeal. I MR. REYNOLDS. I desire to accept the challenge of the gentleman from San Francisco, Mr. Estee, to know where there is any legislative body that required but one member to take an appeal. I will read three lines from rule eight, of the rules adopted by the Constitutional Convention of Illinois: "The President may speak to points of order in preference to other members, rising from his seat for that purpose, and shall decide points of order, subject to an appeal to the Convention by any one member." MR. ESTEE. Well, what was the rule in Ohio, Pennsylvania, and New York? MR. FREEMAN. In further reply to the gentleman from San Francisco, Mr. Estee, rule twenty-eight, of the Senate says: abuse his privilege there will be no difficulty in getting five members here to demand an appeal. I do not understand that it is the particular privilege of any member. It is a matter that affects the house, and not individuals. I do not think there will be any difficulty in getting five members to demand an appeal from anything that appears to violate the privileges of the house. The amendment was adopted, on a standing vote, ayes seventy-five, noes sixty-two. MR. STEDMAN. I desire to move the addition of the following words to that section: "Except the party appealing, who may speak twice." MR. ROLFE. That would mean that the three members appealing could speak twice. It requires three members to appeal, and the amendment would therefore allow them all to speak twice. MR. STEDMAN. In offering the amendment, I referred to the party first appealing. There would certainly be one to appeal first, and then two to second the call. Under my amendment it is intended that the first party appealing should have the right to speak twice. The amendment was lost. MR. COWDEN. I move to amend by inserting after the word "committees," "officers and attachés not now appointed, who shall be deemed by the Convention." MR. LARKIN. I rise to a point of order-that the amendment is not germane to the rule. THE CHAIR. The point of order is well taken. Rule 6.-All committees shall be appointed and announced by the "Every question of order shall be decided by the President, subject to an appeal to President, unless otherwise specially directed by the Convention. the Senate by any member." MR. ESTEE. Of course. But, Mr. President, the Senate was only composed of forty members. The Assembly, with eighty members, as far as my memory goes, always required three members to appeal. In Illinois, the gentleman may be right. There is a case where the Convention only consisted of eighty members. I will say this: that this rule came up for adoption in the committee, and the gentleman from San Francisco, Mr. Reynolds, voted for it. I do not understand why a member should vote for a rule in the committee, and then come into the house and attempt to defeat it. MR. REYNOLDS. I desire to correct the gentleman, by saying that Adopted. Rule 7.-All writs, warrants, and subpoenas, issued by order of the Convention, shall be under his hand and attested by the Secretary. Adopted. 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. MR. BARBOUR. I move that the words "perform the duties of the Rule 9.-The President shall have the general direction of the hall |