officers, because called together under the provisions of article ten, on the subject of amendment and revision. I could not help but think that the delegates to the New York Convention, who thus are construed not to be officers, would have been refused admittance to both the heaven and hell spoken of by Mr. Shafter, and been compelled to go to midair with Mahomet's coffin. What is the true meaning and force of article ten of our Constitution, providing for amendments and revision of the Constitution; and what is the effect of its absence in the New York Constitution? Is it not clear that the people of New York had the inherent political power to alter and amend the Constitution of that State? Is not that a great underlying principle of the American Government? Must the power to make a new Constitution come from a grant in the Constitution itself? Does it not come from the genius and spirit of republicanism itself? Manifestly so. delegates. They, in the language of the Constitution, have the right to Resolved, That the Hon. Eugene Fawcett is entitled to a seat in this Convention. vote: Andrews, The Act of the Legislature of New York calling a Convention was merely putting the dormant power of the people of the State into action. It provided merely a proper and regular mode for the exercise of an admitted power inherent in the people. So article ten of our Constitution performs the like office. It avoids confusion and uncertainty, and secures a regular, peaceful, and orderly right which existed before the Constitution was framed, and will survive all Constitutions-the right declared in section two of the Bill of Rights. Inherent power is not granted by a Constitution. It is a confusion of ideas to say that Belcher, inherent power is dependent upon a Constitution. The Bill of Rights Biggs, does not give to the people the power to alter or amend the Constitution, Blackmer, but simply declares and affirms its existence, and the power would have Brown, existed all the same had there been no declaration of it. Now, if it be Campbell, correct that this power was inherent in the people of New York-and Caples, the gentleman from San Francisco, Judge Hager, admits it-and they Casserly, could exercise it, though not mentioned in the Constitution, then I ask Charles, him whether the mere mode of setting that great power of the people Crouch, into motion could make any difference? Whether a delegate to a Con- Dudley, of Solano, vention called by the Legislature can be no officer, but a delegate called Dunlap, in another mode is an officer? I ask whether this Convention, when it Eagon, is assembled, differs from any other Constitutional Convention lawfully Edgerton, assembled, no matter how called? Estee, Evey, Filcher, Finney, Garvey, Glascock, Graves, Harvey, Heiskell, Hilborn, Hitchcock, MR. HAGER. The gentleman will allow me to correct him. I did not state that in New York he was not an officer. I stated that the Constitution of California provided for the mode of calling this Convention, while the New York Constitution did not, and therefore they were different in that respect. I did not say they were not officers there but they were officers here. I certainly did not say anything of the kind, except that in our State they are recognized by the Constitution as members of the Convention, while in New York there was no such recognition in the Constitution. That is what I said. MR. WILSON. I wrote it down, Mr. President, immediately after he said it. I beg the gentleman's pardon, but he said distinctly that these persons were not officers in New York. He has a right to retract it, of course, but I cannot be mistaken, for I wrote it down immediately. MR. HAGER. We are not lawyers now, before a jury. When a member gives his views as to what he intended to say, that should be sufficient. I hope the gentlman will accept the explanation. MR. WILSON. Certainly; the gentleman has a right to make the explanation. I desire to show him all due courtesy, but I cannot admit that I have uttered a falsehood before the Convention. I can now say this much, that Mr. Hager did not intend to say that they were not officers in New York. I will therefore assume that he didn't say whether they were officers or whether they were not. The learned gentleman took the distinction which now, by his explanation, amounts to nothing, for he says, "I didn't say whether they were officers or He took that distinction to show you that whilst it was right in New York for Judges to sit in Convention, it could not apply to us here, because in California they are officers, and thus he takes up Jameson's proposition and adopts it. not." I say that the position of the members of the New York Convention and those of the California Convention are the same. The mere mode of calling them together is a matter of secondary importance. Whether it is recognized by the Constitution or not is of mere secondary importance, because the right exists in either case. Article ten of the Constitution of California simply provides the regular and proper mode of calling the delegates together, to enable the people to exercise their great inherent powers, to frame and form a new Constitution. It Barbour, Hager, Walker, of Marin, White, Ayers "aye," paired with Reynolds "no." Kenny "no," with Barnes "aye." MR. MCCALLUM. I took no part in the debate, and I ask leave to explain my vote. I voted aye for the purpose of moving a reconsideraTHE PRESIDENT pro tem. The resolution is adopted, declaring tion. ADJOURNMENT. is a good thing to have in the Constitution, because it prevents At twelve o'clock and nine minutes A. M., October twenty-sixth, on motion of Mr. Murphy, the Convention adjourned. TWENTY-NINTH DAY. SACRAMENTO, Saturday, October 26th, 1878. Andrews, PRESENT. Barton, Belcher, Bell, Blackmer, Shurtleff, Smith, of Santa Clara, there was only one hundred and fifty thousand dollars specially appropriated for the expenses of the Convention, and their pay was fixed at ten dollars per day, and the number fixed at one hundred and fifty-two members, while one hundred days are allowed them to sit; when it must have been apparent to the Legislature, that one hundred and fifty thousand dollars would have been greatly inadequate to pay all the expenses of the Convention for a much shorter time than one hundred days. Third-All other expenses of the Convention must, in our judgment, be paid out of the special appropriation of one hundred and fifty thousand dollars made in the Act calling the Convention. Constitutional Convention of the people of the State of California: Resolved, That under the law of the State calling this Convention, the stationery furnished members by the Secretary of State is chargeable to the appropriation of twenty-five thousand dollars made "for stationery, fuel, lights, etc.," and not to the special appropriation of one hundred and fifty thousand dollars made in said Act calling the Convention; and that the printing is chargeable to the appropriation of one hundred thousand dollars for the support of "State printing," and not against the one hundred and fifty thousand dollar appropriation aforesaid; and be it further Resolved, That the President of the Convention be instructed to take such steps as he may deem necessary to be taken in the premises to carry into practical effect the foregoing resolution. Smith, of 4th District, MR. LAINE. Mr. President: I ask leave to present a report from the Judiciary Committee. The Chairman of the committee has gone away, and this is a report that ought to be made, and I ask that it be printed, with the accompanying resolution, and laid on the table. THE PRESIDENT. If there is no objection the report will be received. The Chair hears none, and it is so ordered. MR. PRESIDENT: Your Committee on Judiciary, to whom was referred the question as to the meaning and construction of the Act of the State Legislature calling this Convention, in regard to the fund or funds chargeable with the cost of printing, stationery, etc., necessary for said Convention, respectfully report, that we had the same under consideration, and that it is the opinion of the committee, that under the Act it is the duty of the Secretary of State to furnish the members of the Convention with stationery, and that the same is chargeable to the twenty-five thousand dollars appropriated "for stationery, fuel, lights, etc., for the Legislature and State This conclusion is arrived at by construing the Act making the general appropriations with the Act calling the Convention. (See Stats. 1877-8, p. 1007, third item from bottom of page; same Stats., p. 1008, Sec. 2, and p. 763, Sec. 5.) officers," etc. Reading these sections and provisions together lead us to the opinion above expresed. Second-As to the printing, it is our opinion that it is chargeable to the one hundred thousand dollars appropriated for support of the State Printing Office. (See Stats. 1877-8, p. 1007, Sec. 1, twelfth item from top of page; see also same Stats. p. 765, Sec. 10,) by which the printing is directed to be done at the State Printing Office, and the Convention is not given control of it, nor required to audit the accounts therefor; but that power is confined to the pay of members, employés, etc. This view is strengthened by the fact that the Controller's estimate for the State Printing Office for the two years ending June thirtieth, eighteen hundred and eighty, was the sum of seventy-five thousand dollars; (See last report of Controller, p. 131, while the appropriation was one hundred thousand dollars. (See Stats. 1877-8, p. 1007, before cited.) This large appropriation leads us to the conclusion that the printing for the Convention was included; and this is strengthened by the fact, that MR. MCCALLUM. Mr. President: During the call of the roll last night on the question of the eligibility of Judge Fawcett, I stated that I voted in the affirmative for the purpose of moving for a reconsideration, as under the previous question then pending, there was no opportunity otherwise to state the reason for my vote. While by parliamentary law such notice can be given on the day following, I am aware that our rules require that notice shall be given on the day on which the vote is taken. There was no chance to give any other notice before the adjournment. A rigid enforcement of the rule would prevent the making of the motion, but if the rule was liberally construed I might make it now. Without raising that point, however, I may, perhaps, be permitted to have a few minutes in the many hours that have been occupied on this question, here to state the grounds of my motion, and I hope the Chair will entertain it temporarily for that purpose. THE PRESIDENT. Shall the gentleman have leave? [Cries of "leave! leave!"] MR. MCCALLUM. I make this statement because my vote was influenced by a different reason from any of those which were given here in that lengthy and able debate. While believing that we are bound by all the provisions of the present Constitution, and until a new one shall be ratified by the people, and utterly denying the right to disregard any part of it, I was satisfied that the authorities cited here at least raised a doubt whether the position of a member here was such an office as is contemplated by the Constitution. Especially in view of the fact that as it now provides a Convention can do nothing but propose a Constitution to the people. But in the Constitution, as made in eighteen hundred and forty-nine, it was provided that the Supreme Court Justices and the District Court Judges should be excluded from holding any other but judicial office during the term for which they were elected. That was amended in eighteen hundred and sixty-two, simply by adding County Judges. But the Constitution, as made in eighteen hundred and forty-nine, contained also this section in reference to Constitutional Conventions: Article ten, section two. "And if at any time two thirds of the Senate and Assembly shall think it necessary to revise and change the entire Constitution, they shall recommend to the electors of the next election for members of the Legislature to vote for or against the calling of a Convention, and if it shall appear that a majority of such electors voted in favor of calling such election, the next Legislature shall provide by law for calling a Convention, to be held within six months after the passage of such law; and such Convention shall consist of a number of members not less than that of both branches of the Legislature." And thus it ends. Under the Constitution of eighteen hundred and fortynine, in which the District Judges were excluded, it provided for making a Constitution by the Convention itself, without its submission to the people. When that prohibition was made the Constitutional Convention in view was not only a legislative body, but the highest legislative body known to the law. It was for that reason that in eighteen hundred and Constitution made by such Convention should be submitted to the people. fifty-six the amendment was made to this article ten, providing that any The question might be raised whether it would not even then have had to be submitted any way. But the authorities show that at least thirtyfour State Constitutions framed under similar circumstances in the United States in the last century, were never submitted to the people, according to Jameson. Therefore it was a necessity that the Constitution should be amended as it was, so as to require such submission for ratification. Therefore, believing that when the exclusion of District Judges necessarily meant from membership of such Convention, having the highest possible legislative powers, I feel compelled to vote accordingly, and against my inclination, in favor of retaining Judge Fawcett as a member. I need hardly say that I have no regret in being in the minority. On the contrary, personally I am satisfied that the majority have entertained a different view. PETITIONS AND MEMORIALS. MR. WICKES. Mr. President: I wish to present the following memorial from citizens of San Francisco, and ask that it be referred to the Committee on Preamble and Bill of Rights: To the Constitutional Convention, to meet at Sacramento, California, on the twentyeighth day of September, eighteen hundred and seventy-eight: Believing that Almighty God is the source of all power and authority in civil gov. ernment, that the Lord Jesus Christ is the Ruler of Nations, and that the revealed will of God is of supreme authority in civil affairs; Remembering that this country was settled by Christian men, with Christian ends in view, and that they gave a distinctly Christian character to the institutions which they established; Perceiving the persevering attempts which are made to prohibit the reading of the Bible in our public schools, to overthrow our Sabbath laws, to abolish the oath, prayer in our State Legislature, and other Christian features of our institutions, and so to divorce the Government from all connection with the Christian religion; Viewing with grave apprehension the corruption of our politics, and the prevalent lack of moral and religious character in those who hold office in the State; and, Believing that a written Constitution should contain explicit evidence of the Christian character and purpose of the State which frames it; and perceiving that the silence of the Constitution of the State, as well as of the United States, in this respect, is used as an argument against all that is Christian in the usage and administration of the government; We, the undersigned, citizens of the State of California, petition your honorable body to frame the Constitution so that it shall suitably express our acknowledgment of Almighty God as the source of all authority in civil government, of the Lord Jesus Christ as the Ruler of Nations, and of His revealed will as of supreme authority, and thus indicate that this is a Christian commonwealth, and place all the Christian laws, institutions, and usages of the State on an undeniable legal basis in the fundamental law of the same. THE PRESIDENT. It will be so referred. COMMUNICATIONS FROM STATE OFFICERS. THE PRESIDENT. The Chair is in receipt of the following communication from the Secretary of State, which the Secretary will read: STATE OF CALIFORNIA, DEPARTMENT OF STATE, Į SACRAMENTO, October 23d, 1878. To the honorable President and members of the Constitutional Convention: GENTLEMEN: In compliance with a resolution adopted by your honorable body on the eighteenth instaut, I have the honor to furnish the following statement of the amount of stationery issued from my office upon requisition of the various members, officers, and committees of the Convention from the opening of the session up to and including Saturday, October 19th, to wit: Amount issued to members, $1,167 41; amount issued to officers and attachés, $212 24; amount issued to committees, $30 16; total, $1,449 81. Very respectfully. THOS. BECK, Secretary of State. THE PRESIDENT. It will lie on the table. I also have a communication from the Surveyor-General; if there is no objection the reading will be dispensed with, and the document will be printed. Hearing none it is so ordered. SURVEYOR-GENERAL'S OFFICE, SACRAMENTO, CALIFORNIA, October 24th, 1878. J To Hon. J. P. Hoge, President of the Constitutional Convention: SIR: In obedience to a resolution, passed by your honorable body, I have the honor herewith to submit the following statement. WM. MINIS, Surveyor-General. an account of the amount of money that the printing had cost up to date. It seems to me the cost was very large, and I would like to have that report referred to the Committee on Printing, that they may make an estimate, and see whether or not we are paying too much for printing. THE PRESIDENT. It will be so referred. MR. HILBORN presented the following report from the Committee on Mileage and Contingent Expenses: MR. PRESIDENT: Your Committee on Mileage and Contingent Expenses, to whom was referred resolution number fifty-two, authorizing the President to appoint Porters for the committee rooms, beg leave to report, that since the introduction of this resolution we have taken occasion to examine into the whole question of the employment of attachés in this Convention, in order to see if some change could not be made in the interest of economy. To this end we addressed a note to the Sergeantat-Arms, asking him to communicate to us his views upon the subject, and by his permission we hereby append his answer as a part of our report: "To the Committee on Mileage and Contingent Expenses of the Constitutional Convention-Gentlemen: In reply to your request for a statement of what additional help I deem necessary for the performance of the work now necessary to be done for the Convention; also, to the advisability of dispensing with any of the present employés, I hereby present the following for your consideration: First, two additional Porters are necessary to care for the committee rooms and other work they may be detailed to do; second, that there is one Doorkeeper more and two Pages more than are actually necessary for that branch of the service. The help arranged in this way, and properly detailed, would, in my opinion, be more than sufficient to perform all the work necessary. T. J. SHERWOOD, Sergeant-at-Arms. "October 22, 1878." Your committee fully concur in the views of the Sergeant-at-Arms, and since the Sergeant-at-Arms, by reason of his having charge of these Pages, has obtained a knowledge of their qualifications, and is able to judge as to who should be retained and who should be discharged, we recommend that he be clothed with power to designate the persons whose services can best be dispensed with, and we therefore recommend the adoption of the following resolutions: salary of four dollars per day each, payable out of the appropriation for the expenses Resolved, That the President appoint two Porters for the committee rooms, at a of this Convention. Resolved, That the services of one Doorkeeper and two Pages be dispensed with, and that the Sergeant-at-Arms designate the persons to be discharged. We herewith lay before you a list of the attachés of the Convention, with the salary of each, in order that the Convention may be informed as to the daily expenses: Acres. J. A. Johnson. 1,588,768.85 E. F. Smith.. 487,376.95 G. A. Thornton 40,445 06 E. L. Crawford 3,363.80 G. E. McStay. 636,021.31 Yosemite Valley grant T. J. Sherwood... 140,759 92 B. F. Chambers. 36,111.14 2,589.76 Grant of 16th and 36th sections and lands in lieu thereof $1,201,640 18 Grant of 500,000 acres.... Controller: Interest. $736,914 60 Frank Laine Henry Jones_ Porter.. 4.00 Total. 389,432 35 $1,591,072 53 407,811 98 4.00 J. D. Ricks. H. Durner Page 3.00 $1,144,726 58 Grant of sixteenth and thirty-sixth sections and lands in lieu thereof. The area of the State is about 100,500,000 acres. The area of lakes, islands, bays, rivers, swamp, and tide lands, is about 3,357,451 acres, which taken from the area of the State, leaves about 97,142,549 acres. This amount divided by eighteen (18), gives the area of the sixteenth and thirty-sixth sections and lands in lieu thereof, which amounts to about 5,396,808 acres. About all the land listed to the State in lieu of sixteenth and thirty-sixth sections has been disposed of. About 2,200,000 acres of this grant is unsurveyed. All the swamp land that is surveyed is either sold or applied for. The proceeds of the sales of this land is paid to the County Treasurers of the counties in which it is situated. The lands held under the grant of 500,000 acres have been wholly disposed of by the State. MR. MCCALLUM. I ask that my vote be changed in regard to the Fawcett resolution. THE PRESIDENT. If there is no objection the gentleman will be allowed to change his vote. The Chair hears none. REPORTS OF COMMITTEES. MR. SHOEMAKER presented the following report: W. Campbell.. J. E. Doack Cary Goods MR. PRESIDENT: Your Committee on Reporting and Printing, to whom was MR. HILBORN. There are two resolutions. One says that the Presireferred resolution number sixty-three, concerning certain inquiries as to the probable cost and the expediency of transcribing and printing the Journal of this Con-dent shall appoint Porters of the committee rooms. They had better be vention, have had the same under consideration, and herewith report the same back voted upon separately. and recommend its adoption by the Convention. The following is the resolution: Resolved, That the Committee on Reporting and Printing be and it is hereby instructed to inquire into and report at an early day to the Convention, by resolution or otherwise, the expediency and the probable cost of inscribing, indexing, and printing the Journal of this Convention. THE PRESIDENT. The question is upon the adoption of the resolution. THE PRESIDENT. The question is on the adoption of the first reso lution: Resolved, That the President appoint two Porters for the committee rooms, at a salary of four dollars a day, to be paid out of the appropriation for the expenses of this Convention. MR. HILBORN. Our investigation shows first, that there is no doubt that these Porters are necessary. It may be said by some gentlemen that the committee rooms are now kept in good condition. This is true. The Sergeant-at-Arms, since the committees have been meeting, has had employed and have been at work from early in the morning until late at night, and they have all they can do. I think this resolution should be adopted. MR. LARKIN. I would like to have some member of the committee state what this is going to cost. I do not want to vote blindly in a mat-two men employed-without authority, it is true-but they have been ter of this kind. MR. SHOEMAKER. This resolution was never adopted. It was introduced and referred to our committee, and we now report it back recommending its adoption. If the resolution is adopted by the Convention, then the committee will report upon the cost. It has nothing to do with the cost. The resolution was adopted. MR. GREGG. I would like to ask how long we will need these Porters-how long these committees will be in session? It will certainly not be long until the committee work will all be done up, and then there will certainly be no need for Porters. MR. HILBORN. Mr. President: I would like to make a motion out MR. HILBORN. I will assure you that as soon as their services can of order. The other day the Superintendent of State Printing sent in | be dispensed with I shall not stand in the way of their removal. But they are necessary at this time, as the various committees of the Con-eminent gentlemen on this floor, whenever a question of economy is vention are at work, and the rooms must be attended to. The resolution was adopted by a standing vote: ayes, 62; noes, 43. "Resolved, That the services of one Doorkeeper and two Pages be dispensed with, and that the Sergeant-at-Arms designate the persons to be discharged." MR. HILBORN. Now, in regard to this resolution, the Committee on Contingent Expenses felt that this was a very painful duty to perform, to present a resolution, the adoption of which would turn some of the employés out of employment, but we felt that we were charged with the duty which we could not evade. Mr. President, we claim that we should manage the financial affairs of this Convention as we would our private affairs, and when it came to the knowledge of the committee that there were more employés than necessary, we could do nothing but inform the Convention of that fact. It is a very painful duty to turn off any of these employés, and we consider that we are showing no disrespect to the President when we took away that disagreeable duty and gave it to the Sergeant-at-Arms. We shall not feel that we have been snubbed if you vote the resolution down. We have no personal feeling in this matter. As to the matter of who shall designate these persons to be discharged, this will relieve the President of the Convention of a very unpleasant duty, and since the Sergeant-at-Arms has control of these employés and knows their efficiency, I think it would be a great deal better to leave the matter to him. That is all there is of the resolution. Let the Ser; geant-at-Arms designate the ones to be discharged. I have no personal feeling in the matter, but I believe the business of the Convention can be carried on with less employés than we now have. We must not squander the money of the State, and we should manage the business of the State as we would our own private matters. I hope the resolution will be adopted. MR. O'SULLIVAN. I move, as an amendment to that, to strike out the word "Pages" and read that two Doorkeepers be discharged. MR. BARBOUR. I have a resolution to that effect which I desire to send up. THE SECRETARY read the resolution, as follows: Resolved, That the Sergeant-at-Arms be authorized to detail two Doorkeepers to take care of the committee rooms as Porters. THE PRESIDENT. That resolution is in conflict with the resolution just adopted, and therefore it is out of order. The motion of Mr. O'Sullivan is to discharge two Doorkeepers and retain all the Pages. It is moved, in the shape of an amendment to the original resolution reported by the Committee on Contingent Expenses, to strike out "two Pages" and insert "two Doorkeepers." The question is on the adoption of the amendment. MR. MCFARLAND. I understand the resolution includes two Pages and two Doorkeepers. THE PRESIDENT. No, sir; one Doorkeeper. raised, who take the opportunity of throwing into the teeth of gentlemen who advocate economy, that we are afraid the funds are going to give out. I want to say to such gentlemen, as far as the delegates from San Francisco are concerned, we are desirous of completing our duties in this Convention as quickly as possible, and going home to our constituents. We are desirous that this work shall be done as soon as possible, but we want it done well, and we are not scared about the funds giving out. I, for one, am going to remain at my post until it is completed, money or no money. The gentleman says we will get our money anyway, that is, if the funds give out, so you see he is willing to go on and entail an extra expense on the State, and allow the State to pay it. We, being true desire to say now once more, that we want to get through with this work economists, desire that those Doorkeepers be detailed as Porters, and I as quickly as possible, but we are not afraid about the funds giving out. hope the amendment will be adopted. MR. TINNIN. It is a notorious fact that in almost all legislative bodies, when a man has been placed in a position, no matter how unnecessary he may be, it is next to impossible to remove him from the place. Now, sir, it is enough for me to know that a standing committee of this body, composed, as it is, of all the elements represented here, connected with it, and they come here with a report and tell you what after a full investigation of this subject, they investigate every matter these facts are, and sir, it is enough for me to know that the committee the committee in that conclusion. It is evident here to us that there have unanimously arrived at that conclusion; I am willing to sustain members know half of them, and if the committee, through the Serare too many attachés in this body at the present time, but few of the geant-at Arms, desires to curtail the expenses of this Convention, I think by all means they should be sustained in their report, and I hope the report of the committee will be sustained as it is. THE PRESIDENT. The Secretary will read the resolution. "Resolved, That the services of one Doorkeeper and two Pages be dispensed with, and that the Sergeant at-Arms designate the persons to be discharged." THE PRESIDENT. The gentleman from San Francisco, Mr. O'Sullivan, moves to strike out "two Pages," and insert "two Doorkeepers" instead of one. The question is not divisible under rule twenty-one. MR. HERRINGTON. I think the question should be taken on the nights; and, Doorkeepers and then on the Pages. MR. MCFARLAND. Mr. President: I understand that there are only three Doorkeepers now, and certainly we want that many. Now, I find that some gentlemen are laboring under a great misapprehension about the duties of Doorkeepers. Now, we must either have three Doorkeepers or none at all. One would be of no avail, because there are three gates by which persons can enter on this floor. Now, the Sergeant-at-Arms has no secretary or clerk, and it seems to me that we should have at least three Doorkeepers. It looks to me rather a small thing to change our mind on this business, right in the middle of the session, in order to make a little show of economy, wasting ten dollars for every one saved. We have made up our minds how many employés we need, and I do not see how we are going to get along without them. Members need not be so afraid about exhausting the appropriation, they will all get their money anyway. MR. SHOEMAKER. Mr. President: I understand that the resolution reported by the committee will save about ten dollars a day, and I don't think the Sergeant-at-Arms, for such a small consideration, should have so much trouble put upon him as to have to turn off these men. WHEREAS, As this Convention will be known to all future generations as a body that in all their acts exercised the most rigid economy, even to the discharging of, and refusing to pay, a Night Watchman, who had faithfully toiled for twenty-one WHEREAS, Since his discharge the desks of the members are nightly robbed of pens, pencils, stationery, and everything of value left there, thus depriving members of their use, and our glorious State of California of their value: and, WHEREAS, It is necessary to maintain our future standing with unborn generations; therefore, be it Resolved, That the President of this Convention be requested to commence, in alphabetical order, as the names are on the roll call, and name a member each night to act as Watchman in this chamber, and in the rooms adjoining thereto. MR. EDGERTON. I move that the order be reversed, to commence at the bottom of the roll call instead of the head. THE PRESIDENT. I rather think the resolution is out of order. MR. LARKIN. Mr. President: I wish to offer the following resolution: Resolved, That each member of this Convention, and each standing committee, be allowed stationery to the value of ten dollars, and no more. Referred to the Committee on Contingent Expenses. MR. LARKIN. I observe by the report of the Secretary of State that our stationery account amounts to about one thousand four hundred dollars. I am satisfied, Mr. President, that any member on this floor can get along with ten dollars worth of stationery, and no committee can certainly use more than that amount; therefore, I insist upon the resolution of that kind, so that each member will be limited in the amount of stationery he can draw. I think we should practice economy. I am for retrenchment and reform in the administration of the government. THE PRESIDENT. It will be referred to the Committee on Contingent Expenses. MR. JONES. I desire to offer an amendment to the resolution. THE PRESIDENT. . It has been referred to the committee. When it comes back you will have a chance to amend it. PROPOSITIONS AND RESOLUTIONS RELATING TO THE CONSTITUTION. THE PRESIDENT. Propositions and resolutions relating to the Constitution are now in order. ON LEGISLATIVE DUTIES. MR. HILBORN. As I understand it, the Sergeant-at-Arms, if this were carried out, can so arrange the force that the business can be carried on without the services either of the Night Watchman, or any additional Doorkeepers. For instance, if one of the Doorkeepers is dispensed with, the Assistant Sergeant-at-Arms can tend one of the doors, or if he is engaged in other business, one of the Assistant Porters, or some of them, can be had to assist at the gates. We passed a resolution the other day placing all the Pages under the control of the Sergeant-atArms, and under that resolution he now has the control over them, so that he can assign one for night work, and there would be additional Night Watchmen enough on the force without any additional expense to the State. As I said before the committee has no feeling in the world about this. You can adopt the resolution or vote it down, or change it in any way, but the committee coming in possession of the facts that MR. BELL introduced the following proposition for incorporation in there were more employés now than are necessary, some of them ought the article on legislative duties. to be discharged. You can do what you please with the resolution. The selling of any kind of goods under false pretenses MR. STEDMAN. Mr. President: I hope that the amendment offered shall be punished as a felony, and it shall be the duty of the Legisla by the gentleman from San Francisco, Mr. O'Sullivan, will be adopted.ture to provide, by appropriate legislation, for the enforcement of this I do not believe that the people of Sacramento are so troublesome and section. so fierce, and so desirous of getting hold of our papers and propositions, to carry them off, that we must have two or three gentlemen sitting by the gates to hold these doors and keep people out. I do not see any necessity for any Doorkeepers; at the same time, I have no objection to having one if it is actually necessary. Now, sir, I believe that two of the Doorkeepers can be detailed as Porters. There is no necessity for discharging any one, no necessity for hiring any one. There are some SECTION. Referred to the Committee on Legislative Department. JUDICIAL DEPARTMENT. MR. BARTON introduced the following proposition to amend article six, section sixteen, of the old Constitution: Amend article six, section sixteen, of the Constitution, by adding thereto the following: MR. SMITH, of Santa Clara, introduced the following proposed amendment, prohibiting the forced sale of personal and real property, and securing rights of married women, etc. SECTION 1. The personal property of any resident of this State, to the value of five hundred dollars, to be selected by such resident, shall be exempt from sale or execution, or other final process of any Court, issued for collection of any Court of any debt contracted after the adoption of this Constitution, except for the payment of taxes. SEC. 2. Hereafter the homestead, of the value of three thousand dollars, belonging to any resident of this State, who is the head of a family, shall not be incumbered in any manner, while owned and occupied by him or her, for debts contracted after the adoption of this Constitution, except for taxes, laborers and mechanics liens, and securities for the purchase money thereof, and dues to the State, county, township, school, or other trust funds. SEC. 3. If the owner of any homestead dies, leaving a family, the homestead shall be exempt from debt in the same manner as to deceased, for the benefit of the heirs thereof, and all rents and profits therefrom The real and personal property of any female in this State, acquired either before or after marriage, whether by gift, grant, or inheritance, devise, or otherwise, shall, so long as she may choose, be and remain the separate estate and property of such female, and may be devised or bequeathed by her the same as if she were unmarried. Referred to the Committee on Land and Homestead Exemption. MECHANICS' LIENS. shall accrue to the benefit of said heirs. SEC. 4. MR. MCCALLUM introduced the following proposition to amend the Constitution, so as to seecure the liens of mechanics, laborers, and others: Amend as follows: ARTICLE SECTION Mechanics, artisans, laborers, and material-men shall have liens upon the building or structure upon which they have done labor, or for which they have supplied material, for the value of such labor and material. And the Legislature shall provide by law for the speedy and efficient enforcement of such liens, and making the owner responsible for such liens, notwithstanding any payment or settlement made by him with contractors or sub-contractors before such liens have been paid. Referred to the Committee on Legislative Department. REVISING THE CONSTITUTION. SECTION. The Legislature shall provide by general laws for the organization and classification of cities and towns. The number of such classes shall not exceed four; and the power of each class shall be defined by general laws, so that all such municipal corporations of the same class shall possess the same powers and be subject to the same restrictions. The Legislature shall also make provisions, by general law, whereby any city or town existing by virtue of any local or special law, may elect to become subject to and governed by the general laws relating to such corporations. SECTION. The Legislature shall, by a law uniform in its operation, provide for and regulate the fees of all county officers, and for this purpose may classify the counties by population. Referred to Committee on City, County, and Township Organizations. RELATING TO PUBLIC OFFICES. MR. O'SULLIVAN also introduced the following proposed amendment to the Constitution, relating to public offices: SECTION All public officers shall receive moderate fixed salaries, and all fees shall be accounted for and paid into the public treasury. No extra compensation shall be paid to public officers. SEC. It shall be unlawful for the Legislature, the county, or municipal governments to create any unnecessary or sinecure offices. SEC. No State, county, or municipal officer shall be interested, directly or otherwise, in any contract for supplies furnished or work done for the State, county, or municipality. Referred to Committee on Legislative Department. RELATIVE TO MISCELLANEOUS PROVISIONS. MR. HARVEY introduced the following proposition, relative to miscellaneous provisions: Proposition to amend article eleven (11) of the Constitution, in relation to miscellaneous provisions, by inserting the following new section: SECTION. Official duties shall be so performed as to facilitate the proper enforcement of the laws of this State; and the Legislature shall of public officers who may neglect the performance of any official duty devolving upon them, or who may perform their duties in such a careless or incompetent manner as to embarrass or retard the due operations of law. Referred to the Committee on Miscellaneous Subjects. MR. SHOEMAKER introduced the following proposition concerning have power to provide for deductions from the salaries or compensation revising or changing the Constitution: ARTICLE SECTION. If at any time two thirds of the Senate and Assembly shall think it necessary to revise or change this entire Constitution, they shall recommend to the electors, at the next election for members of the Legislature, to vote for or against a Convention; and if it shall appear that a majority of the electors, voting at such election, have voted in favor of calling a Convention, the Legislature shall, at its next session, provide by law for calling a Convention to be holden within six months after the passage of such law; and such Convention shall consist of a number of members not greater than that of the less numerous branch of the Legislature. The Constitution that may have been agreed upon and adopted by such Convention shall be submitted to the people, at a special election to be provided for by law, for their ratification or rejection; each voter shall express his opinion by depositing in the ballotbox a ticket whereon shall be written or printed the words "For the new Constitution," or "Against the new Constitution." The returns of such election shall, in such manner as the Convention shall direct, be certified to the Executive of the State, who shall call to his assistance the Controller, Treasurer, and Secretary of State, and compare the votes so certified to him. If by such examination it be ascertained that a majority of the whole number of votes cast at such election be in favor of such new Constitution, the Executive of this State shall, by his proclamation, declare such new Constitution to be the Constitution of the State of California. Referred to Committee on Future Amendments. MILITIA. MR. HARVEY also introduced the following proposition, to amend section one (1) of article seven (7), relative to the organization, etc., of militia: SECTION 1. The Legislature shall provide by law for the effectual organization and discipline of the militia of this State, for the encouragement of volunteer corps, and the safekeeping of the public arms, in such manner as may be requisite and necessary to best promote and make efficient this arm of the public service to cope with any emergency that may arise; subject, however, to the paramount authority of the Constitution and laws of the United States over this subject. Referred to the Committee on Military Affairs. SECTION Every person who shall be chosen or appointed to any office of trust or profit under this Constitution, or any law made in pursuance thereof, shall, before entering on the duties thereof, take an oath to support the Constitution of this State and of the United States, and an oath of office. SEC. Each member of the Senate and House of Representatives shall, before they proceed to business, take an oath or affirmation to support the Constitution of this State and of the United States, and also the following oath: "I,, do solemnly swear (or affirm) that, as a member of this Legislature, I will in all appointments vote without favor, affection, partiality, or prejudice, and that I will not propose or assent to any bill, vote, or resolution, which appears to me injurious to the people, or consent to any act or thing whatever that shall have a |