SACRAMENTO DAILY RECORD-UNION.ninTStliZ.»™^-Toi.*»xix-Ji».

>Tin.DAILYKECORD SLUIF.ft -VOL.XTI-NO.«4J».

DAILY KF''Or*-»-rv*<>*. s**ri'*s„VOW MV.\u25a0 ll-m-.uku 3.y \u25a0-.SACRAMENTO, WEDNESDAY MORNING, FEBRUARY 25, 1880.

CALIFORNIA LEGISLATURE.\ XXIII. SESSION— DAY. -.

tPhonographically Reported tor the RECOaD-UNION:1* '.-;'•.; -,

by Willis & Stockton.] \u0084;,:.;';

-'• ' •-:(iEXATr..

,1'-

\u25a0\u25a0\u25a0} Sacramento, February^ 24, 1830.'

The Senate met in regular session at 10 A. v.,President Mansfield in the chair. . \u25a0

Roll called and a quorum present.'y'

-The journal of Saturday was read and approved.Leave of absence was granted Senators Brown,

IGeorge, Conger, Pool and Morelaud for one day._.';•>' o-'-'-..- !;-i \u25a0•\u25a0'.'\u25a0':*- petitions. *:-••«\u25a0. i,--'' t7-'Mr. Hillpresented a petition from citizens of

Monterey county protesting against the passage ofthe insurance billsnow before the Senate. |Referredto the Committee onCorporations. .\u25a0 \u25a0--..

Mr.Skars presented a petition from citizens ofContra Costa county of the same nature. Some re-ference.

'''>!'*. .-A:v. t\'T.'..' \u25a0"*- . -y.".-;. _;<:."_\u25a0•

Mr. Carlock presented a petition from citizens ofSiskiyou protesting against • Johnson telegraphbill. Committee on Judiciary. - '

..\u25a0 .*.-.:\u25a0\u25a0\u25a0\u25a0>Also, a petition from citizens of Shasta county for

a local option law. Committee on Public Morals..:\u25a0.

'=A.- . '...."', REPORTS. .,.,-.. ... •:..-\u2666\u25a0

Mr. Kelly,from aminority of the Committee onCorporation*, reported iv favor of the passage ifAssembly BillNo. 75 —an Act tolimit and regulatethe sale of mining and other stocks— as itcame fromthe Assembly. '\u25a0 • -.-'" L *"1 h •\u25a0 v.-yy.y *-.

--y *\u25a0»

•-Mr.Nye, from the Committee on Judiciary, re-

ported back favorably substitutes for |Senate BillNo. 234

—an Actconcerning the trialof escaped con-

victs from the State Prison, and the costs of. thesame and Senate iBillNo. 234—an Act concerningthe trial of convicts for crimes committed in the

.State Prison, and the costs of the same.-

Mr.Joiixstox, from the Committee on Agricult-ure, reported back favorably, as amended. SenateBillNo. 313—an Acttoprovide for the managementand control of the Slate Agricultural Society by theState— adversely Senate Bill No. SS— an Act torestrict and limit titles to real estate. - •

i.',

-r- .ASSEMBLY MESSAGES. ;.-.'. y .

The Assembly messages were taken up, and billswere read the first time and referred as follows ::\u25a0

Assemby Bill No. 94— Act jto legalize assess-ment rolls in the various counties of the State, etc.Committee on Finance. y ..*'.-•

Assembly BillNo. 175 —An Act concerning home-stead corporations possessed of water and waterrights. Committee onIrrigation, Water Rights andDrainage. " , .. \u0084\u25a0,..• , ; .

Assembly BillNo. 113— An Act to amend certainsections of the Code of CivilProcedure, relating toappeals to Superior Courts." 'Committee on Judi-ciary. <-. .•--.- io, i."'.' ';'\u25a0: .- oi . • \u25a0• j \u25a0"-..-

--. Assembly BillNo. 211— An Act to amend certainsections of the Penal Code, ro'ntive to pleadings andproceedings after indictment and before the com*mencement of the trial. Committee on Judiciary. .

> Assembly BillNo. 210— AnAct to amend Sections825 and 861 of the Penal Correlating to proceed-ings in criminal actions prosecuted under indict-ment. .Committee on Judiciary. ...»

, introduction or BILLS.'. V :

\u25a0\u25a0 Bills were introduced, read first time at length,and referred as follows:--: <.?'.-:"'-*)'*\u25a0'* :..*.-'-\u25a0

By Mr.Watson— An Act to regulate the practiceof pharmacy. (Requires four years' instruction be-fore practicing pharmacy.] Committee on Hospitals.

By .Mr. Ciikxkv—An Act to amend Sections 2647and 2650 of the Political Code, relating to the dutiesof Commissioner of Highways, Boards of Supervisorsand Road Overseers. Committee on Roads .andHighways. •' • y;' .' .. Also, an Act to amend Section 397 of the PenalCode, relating to tbe sale of intoxicating liqgjors todrunkards and Indiana and torepeal an Act to pre-vent the ,sale of intoxicating drinks to minors.Committee on Public Morals. ...... ... \u0084

\u25a0 Also, an Act to provide for the payment of certainoutstanding bonds of Plumas county. CommitteeonJudiciary. I\u25a0>;'."-^.

- -•. '--.-• v. •\u25a0.?.'-'_.By Mr. Kblly—An Act t.confer certain powersupon the Board of State Harbor ICommissioners.[Appropriates 1150,000 for repairs, etc.] Committeeon Finance.

*j

By Mr.Gorman- -An Act to prohibit the keepingof places of resort for smoking or otherwise usingopium. Committee on Public Morals.

• 'i

By Mr.Hittell-An Act to amend Section 1161of the Code of CivilProcedure, relating tosummaryproceedings for obtaining possession of real estate.Committee on Judiciary. "\u25a0•.-- -•\u25a0.•- '•

Also, an Act toamend Section 595 of the Code ofCivilProcedure, relating to postponement of trials.Committee on Judiciary.

Br Mr.Lampson— An Act to authorize D.M. Ken-field to sue the State. Committee on Judiciary.

By Mr. Nye—AnAct toamend Section 811 of thePenal Code, concerning the jurisdiction of magis-trates. Committee on Judiciary.

Also, an Act to provide for the payment of theJudges of the Superior Courts in this State. Com-mittee onJudiciary.

Also, an Act to amend Section 542 of the Code ofCivilProcedure, relating to the levyof attachments.Committee ou Judiciary. - . '

t» i• ,'-

ANOTHER CLERK.

Mr. Hittklloffered a resolution authorizing theCommittee on City and Town Governments to em-ploy a clerk .at a per diem of 85.ItReferred to tl.eCommittee on Contingent Expenses.

\u25a0- SECOND READINGS. ...The general file was taken up for the second read-

ing and the engrossment of bills and the followingIwere disposed of: : \u0084

Senate BillNo. 228—An Act making appropria-tions for tbe support of orphans, half orphans andabandoned children for the thirtysecond and thirty-third fiscal years (by Mr. Johnson)— withdrawn.

Senate Bill No. 274 An Act to reimburse thosupport fund of the Deaf, Dumb and Blind Asylum(by Mr.'Nye)— was read 1 second time and tempor-arily placed on tbe file..

'\u25a01

ly- . .

Senate, No. 321 An Act'making an at.proprl-ation for the improvement of L street, betweenTenth end Fifteenth streets, in the city aud countyof Sacramento (by Mr Johnson) read .secondtime aniordered engrossed. .."

Assembly Bill No. 205—An Act making appropri-ation for the salaries of the Chief Justice and As-sociate Justices of the Supreme Court of the State ofCali.ornia for the balance of the thirty-first fiscalyear ending June 30, 18S0 (by Mr.Merry)— was readsecond time.'.

Assembly Bill No. 206— An Act making appropri-ation for the State's nortion of the salaries of theSuperior Judges of the State of California for theba ance of the thirty-first fiscal year ending June 30,1880 (by Mr.Merry)— was read second time.

Senate BillNo. 183—An Act toregulate fire, ma-rine and inland insurance companies transactingbusiness in this State, and Senate BillNo. 7—AuAct to regulate fire, marine and inland insurancecompanies transacting business in this State (by Mr.Johnson*

—were made the special order forThursday

morning at 11 o'clock. - . \u25a0 -:--'-\u25a0'-Assembly Bill-No. 2SB—An Act to appropriate

monej for the payment of tbe deficiency in the ap-propriation for th". support of the state PrintingOffice for ihe thirtieth fiscal year (by Mr.May' -wasread a second time.

' - - ..' .Assembly Bill No. 289—An Act to appropriate

money for the payment of the deficiency in the ap-pr psiation iur the support of the State PrintingOffice for the twenty-ninth fiscal year (by Mr. "lav)—was read second time. 1 .... .y

Senate Bill No. 92-An Act to amend Sections2292 and 2295 of the Political Code, relative to theState Library, and Senate BillNo. 93—An Act toprovide for the government of the State Library (byMr, Johnson) taken up. . T*ie Secretary readthe substitute for both bids offered by the Com-mittee on Slate Library.

Mr. Satterwiiite sail that the bill was simply abill to legislate out of office the present State Li-brarian because he v.-as aDemocrat. He did notcare to debate the question. If the Republicanparty wanted to pass this bill let them do it.: Mr.Baker inquired if the present i-tatc Librarianwas not put in by a billsimilar to this. y . . y

Mr. BATrauwarra said that he did not remember.Mr.John-son said that the bill was one in the in-

terest of the State and of the people. :.Mr. Satterwiiite called for the ayes and noes on'

the cn-rrossa-ent of the bill. : \u25a0

Mr. Knos said this billsimply rut out of office mentwo yeirs before tbe time of the expiration of theirterm of office. Ifitwas shown that these men wereIncompetent or derelict in duty he would vote forthe bill. The present Librarian had been in thoplace through several administrations and no com-plaint could be made against him.

*He could see

no reason for the p-ssage of this bill except a po-litical reason. This was one of the places thatought not to bo considered party spoils.

-Mr.SATTEaHviuTB said that upon consideration he

could reply to Mr. Baker that Mr. Cravens waselected at a regular election.

Mr.Ciiass could not vote to put a man out of of-fice simply on political grounds. He believed thatpolitics had nothing to do with the State Library.

The rollwas called and the bill ordered engrossedby a vote of 17 ayes to 13 noes. ,', ..• Senate BillNo. Attract to repeal an Act en-titled an Act to encourage the destruction of f**uir-rels and gophers in the county of San Joaquin, andto provide .a bounty for the same, approved March30, 1S78— was ordered engrossed..' \u0084-*---.: •*\u25a0 \u25a0

Subs itutc for Senate Bill No. 232-— Act in re-lation to

'the trial of escaped convicts -wag read

second time and ordered engrossed. ySubstitute for Senate BillNo.234-"-in relation to

trial of escaped convicts.- was ordered engrossed.-

. Senate BillNo. 311— An Acttoappropriate moneyto the California Artificial Stone Paving Companyto piv the balance tine to the company for1.-yingdown the stone walks and avenues about the Capi-tol grounds (by Mr.Kilos')— was read second time.IMr.Sears moved to refer the billto the Commit-tee on Ju.lioiary to consider its constitutionality. .

After some discussi n the :motion was lost andthe bill ordered engrossed. -*' '

:.Senate Bill No. 259—AnAct!to rcaulatc the

cleansing of streets in cities and towns of the Slateof California (by.Mr. Kane)— was taken up.

-1

- (\u25a0IMr. BrrrZLli moved to indefinitely postpone the |bill,inaccordance with the recommendation of theCommittee on Cityand Town Governments.

Mr.Kasb and Mr.Gorman warmly defended thebill, and urged its passage on behalf "ofthe sufferingpoor of San Francisco. J :'\u25a0•-. :\u25a0\u25a0 :'\u25a0\u25a0;..::-.:-. \u25a0••..

• y \u25a0-'-»'- •\u25a0

\u25a0 Mr. KiTTnLLmoved that the biil be recommittedto the Committee on Judiciary. ,y. ;\u25a0•\u25a0\u25a0\u25a0.; •--

\u25a01 Mr. Dickinson favored the motion, and added,with instructions to report the bill back to-morrow

morrurig.y"'-£*.s*i*^"*-sß'- .---•'• :."--• . .'>""' '-IMr. K.nos opp; sed the motion and urged the en-grossment of the • bill at once. IItwould be a greatrelief to the suffering poor of San Francisco.IMr.Bakes opposed the indefinite postponementof the bill, because he believed there should besome reform in the cleaning of streets ivSan Fran-cisco. \u25a0 :..-:.i \u25a0.;---.

-...;\u25a0•;\u25a0•- y.--"'- : '

\u25a0

• :..-.The Senile took the usual recess. r , .'*;',

*r^C.;iAFTEKSOO>-/SESSION'. yl .-The Senate rea»«nrib!cd at 1:30 p. a., President

Mansfield in the Chair. \u25a0y;• y ->\u25a0 y:. '4;Roil called am! a quorum pre*ent.""*-*'".*\u25a0•'"* * '-'

\u25a0

: The Senate resumed consideration cf Senate BillSo. 253. -WS,"o- » •..;.-,' . _̂,-,i;-<^v jr,« ,— --MI*Mr. NE"*gA--N1tras in favor of the possagc of thebill, but hoped t at :it would|be re .enmitted withspecial instructions :to report it- back ;to-morrowmoininir. '-.:*. -;\u25a0—>.. --^;.>

*i. .-«-\u25a0-*•.-.-..-. -\u25a0-•\u25a0'\u25a0 \u25a0 :.> ';-.:. '1

('» .'.'.-. Hillfavored (3m indefinite postponement ofthe bill. Be was cot rcaily t>vote lo abolish labor-Esvir.j taa.*'::!:. ;- , ..-•.'' jy...--'.-\u25a0\u25a0: .'y-ri'

Mr.Neumann said that question was not containedin this bill. Son Francisco had ,been badly swept,and this street-sweeping machine was not a labor-saving machine. -'-•-.. Mr. Watson favored the bill.>\u25a0- The motion to recommit the tillwith instructionsprevailed. ....; \u25a0.!\u25a0.• \u25a0-"-

ON PaSSAOE.-

-"• The Senate took up bills on third reading and dis-posed of the following: -;

Assembly Concurrent Resolution No. 11—Relativeto the establishment of a dead-letter office in SanFrancisco (by Mr. Horse)— was concurred in by avote of 82 ayes to 1no. \u25a0—'

--»'-.-\u25a0---

Assembly Bill No. 30—An Act to repeal Section1222 of the Code of Civil Procedure, relating tojudgments and orders in esses of contempt (by Mr.Young)— was read third time. , -*

Mr. Dickinson opposed the passage of the bill.The section was necessary to maintain the properdignity and authority of"the Courts. The Judgewas the best judge of the contempt. y y...... \u25a0 i.!A

Mr. Hittell took the same view of the case.Mr. Johnson favored the bill. Itwas a billto pro-

tect personal liberty, to protect the rights of thepeople and to strike down one of the most iniquitousprerogatives now possessed by the Court. He gavethe history of the well-known case of Webb, in Am-ador county, and held that there should be appealsin cases of contempt. This section was a relic cfbarbarism and ought to be repealed in the interestscf personal liberty.r ,. -

: -. •- ~- . y.Mr.Neumann opposed the passage of the bill. This

section had been on the statute books for a longtime, and it was strange that it should be found tobe so bad allat once. In the history of the Statethis law had never, been abused but twice. TheCourts should have the power to punish contemptsummarily, and nothing should be done to weakenthe power of the Court in this respect

Mr. Davis agreed with Mr.Neumann, and heldthat the judicial department should be held sacred.This bill would take away from the Courts the powertopreserve order inthose Courts. '. Ho held that thebill was unconstitutional. \u25a0 y

_r

> v, :'- yyMr. Dickinson again argued against the passage of

the bill, elaborating the argument already advanced.He held that the Supreme Court did not have ap-pellate jurisdiction in this case.

- -. Mr. fc.vos urged the passage of the bill. It wasnot to do away with the power of the Court to com-mit for contempt, but itwas simply to give a man aright to appeal from the ord.r committing for con-.tempt of Court. He took the same ground as Mr.Johnson, and held that the bill was in the interestof personal liberty. He believed it to be constitu-tional, and that the Legislature had the power toproscribe the appellate jurisdiction of the Courts ofthe State. The powers of Courts had been abused inmore than one or two coses, not only from personalgrounds, but onaccount of politicalgrounds.

Mr. Satterwhitx agreed wita Mr. Davis. Thishillcould only effect appeals from Justices' and Po-lice Courts to the Superior Courts. The Constitu-tion provided the appellate jurisdiction of the Su-preme Court, and the Legislature could uot alter itwithout amending the Constitution.

Mr. Johnson held the bill to be constitutional,and again urged its passage, replying at length tothe argua cuts of those on the other side. He didnot wish to take away the power of the Courts topunish fircontempt, but when the C urt was wrongthe order ought to be reversed onappeal. No matterhow old a law was, ifit was abad law itought toberepealed. ' Let the Suprems Court decide upon theconstitutionality of the law. >'- -' '

"\u25a0'• Mr. Wendell favored the passage of the bill.Senators were mistaken in supposing that this billtook away the power of Courts to punish for con-tempt. Itsimply repeals that provision which pro.vides that the judgment of the Court shall be finaland conclusive. He held that the Supreme Courtcould have jurisdiction in such cases.

- -' "

. Mr. Kane believed in tho right of appeal andrepeal. He favored the passage of the; Dill. ,Heknew of many cases where Courts had decided caseswrongly.. The Judges ought not to be the finalarbitrators.

--•\u25a0 -i

- -IMr.Hill favored 'the passage of the bill. Hewas glad to stand

-with the Senator from Sacra-

mento, infavor of human liberty and the liberty ofthe press. : y :-

* ... - . t.'The tillwas lost by a vote of ISayes to 17 noes. j-^

\u0084 \u25a0

-.'-7, "VSAINO SESSIONS. . :-,. \u00841,

Mr. JonxsON called np his resolution providingfor evening sessions on Wednesday a d Kriuay even-ings, for the consideration of bills en the generalfile. \u25a0•

'-

y. \u25a0..'*•

-. , .Messrs. Sattsrwhitb sad Coxoaa spoke against

the resolution.- '

\u25a0\u25a0\u25a0

Messrs. Johnson, Dickinson, Sears and Davisspoke in favorof tbe resolution. \u25a0

Tbe resolution was adopted bya vote of 33 ayesto 2noes. \u25a0

"._, *

BILLS ON PASSAGE. '.. '\u25a0 ..%The Senate renewed the general file, as follows :.Senate BillNo. 22-An Act prohibiting savings

banks, or savings and loan societies, and the attor-neys, counselors, and ether employes thereof, fromcharging borrowers for searching or passing uponthe title or property mortgaged to such banks orsocieties, and providing for the appointment andpayment of attorneys and counselors of such banksand societies (by Mr. Eiios"— was read third time.

The report of a minority of the Committee onJudiciary against the passage of the bill was read.

Messrs. Hittell,Dickinson. Neumann, Davis andJonNHTON spoke against tlie bill. . \u0084..,.'

Messrs. Lnos, Johnson, Rowkll, Kane and Ryanfavored the passage of the bill.

- 'The bill was lost by a vote of 19 ayes to 17 noes

—not receiving the constitutional vote. ,lSenate Bill No. 2—Au Act to prcvei.t the ac-

cumulation of large landed estates (by Mr.John-son)—was ordered, at the head vi the file for Fridaynight.

NOTICE.\u25a0 ,

Mr. Ryan gave notice that on to-morrow he wouldmove to reconsider the vote by which the Senaterefused to jwss Assembly Bill No. 30— An Act toamend Section 1222 of the Code of CivilProcedure,relating to judgments and orders in cases of con-tempt. , - •

\u25a0 . -.'.".Senate BillNo. 279— An Ac! to add a new section

to the renal Code, to be known as Section 307, re-lating to the use of opium (byMr. Davis) was reada third time, and passed by a vote «f 36 ayes to0noes. . .' '•- •V \u25a0

\u25a0"' .Substitute forSenate BillNo. S3— An Act provid-

ing apunishment for violating Sec-ion 17 of ArticleXI.of the Constitution (by Mr.

—was read a

third time, and passed by a .vote of 35 ayes to 0noes. '

".-"."\u25a0Senate BillNo. 2116— An Actconcerning the Board

of Harbor Commissioners (by Mr. Trajlor)—read a third time at length, and passed bya vole of33 ayes to 2 noes. ,

Senate Bill No. 263— An Act prohibiting thekeeping or sale of animals sfflictcd with glanders orother contagious or infectious disease' (by Mr.Fnos)— was read a third time •

Mr.Hittellmoved to refer the bill to the Com-mittee on Judiciary, with instructions to make itapart of the Code, and report on Thursday. '

Mr.Johnston moved to amend by referring ittothe author for that purpose. "

iThe motion prevailed. •\u25a0

Senate Bill No. 306— An Act relating to the in-toxication of officers (by Mr. Hill)

—was read a third

time at length, and passed by a vote of 33 ayes to1no.

'• . . I. .

Senate BUINo. 307— An Act relating to swindlingby cards or other means (by Mr. Hilt)—was read athird time at length, and referred to the author,with instructions to mike it a part of the PenalCode. \u25a0

-- - -'-':' y..'y' ,j)I:\u25a0-.-,\u25a0.

Senate BillNo.213— Actto amend Section 'Milof the Political Code (by Mr.Johnson)— passedby a vote of 38 ayes to 0 noes.

BILLS READ first TIME.'

The bills introduced by Messrs. West and Neu-mann on Saturday, and ordered printed withoutreading, were read the first time at length and re-ferred to the appropriate committees. •.

-On motion of Mr.Esos, at SP. M the Senate ad-

journed. .' '.

iASSEMBLY.

Sacramkntd, February 24, ISSO.The Assembly met puntuot to adjournment,

Speaker CV>wdury inthe chair.Ko!l called ami q.iorum present.Prayer l>v the Chaplain..Minutes of Saturday corrected.

IXTRODICTIOX OF BILW.

By Mr. Del Valle—

Act providing for the lo-cation of abranch Normal School at Los Angeles. .

Also, an Act to amend Sections 1044 and 2947 ofthe Civil Code, and to add new sections thereto tobe numbered 1096 and 1110, relative to transferringand mortgaging property. ....

Also, an Act to amend Section CSS of the Code ifCivil Procedure, regarding property liable to beseized in execution, so amended as toinclude ran-chises owned or held by corporations ornatural per-sons.

-- .. -\u25a0 . - . \u25a0 . ~

..''•'.'IAlso, an Act to amend .Section 4221 of the Polit-ical Coda, regarding the counting of money in theTreasury and iking a statement thereof. [Theamendment makes "the Auditor," District Attor-ney and Chairman of the Board of jSupervisorscount the money.] .•;By Mr.Tyler—AnAct to amend Section 111lof theCode of CivilProcedure. (Itprovides that summonsand other papers may be serve.! ondefendants any-where in the United \u25a0 States by registered lettersthrough the Postolfico, and t'c receipt purporting tobe signed by defendant shall be prima locie evidenceof his teceipt thereof. j : \u0084 \u0084'•«'- \u0084 •:

t\u25a0 By Mr. .Mavbkll— Act to add a new section tothe PenaLCode.

-Also, an Act to prevent the burying of remains of

deceased persons withinthree mile' of cities contain-inga population of more than 100,000. .r-yy.-...v.. !

ByMr.Ga-"Kky—

AllAct in relation to work onthe sen Tamil. Of this bill the author says :ThCode provides that work dune on tho sea wall shallbe let to the lowest bidder by contract. Ibis billproposes to amend the law so that Ihe Harbor Com-missioners can employ men toperform the workbythe day, and abolish the contract work. IThe con-tractors pay starvation wages, and when the laboreris discharged he is no tetter. than when he com-menced to

'work.'i..This bill compels the Com-

missioners to pay them a littlemore, and they re-ceive their wages every week.] -' • \u25a0

' -• \u25a0\u25a0'By Mr.Cakk of Yuba—An Act to provide !for the

location of three State Normal Schools. I[Itprovidesforan appropriation of 875,000 for aNormal Schoolbuilui g in San Jose, $50,000 for one InLos Angeles,and $50,000 for one at Nevada City.] : . y. :y

IA71,7 ~ KEP.. RT3 OF COMMITTEES. .-'.. :, .

'Mr. Fox presented the following report from theCommittee on Judiciary :Senate HillNo. 113, pas-sage as amended :Assembly BUI No. 131, substituterecommended for pissajre ;Assembly Bills Nos. 251,301, 33', 335, 336 and 310, iiafsico as amended bythe committee ;IAssembly Hills Nos. 23C, SS2, 292,300, 302, 300, 324, 331, 812 and 319,passage ;Assem-blyBillNo. 326, referred to San Francisco delega-tion;Assembly BillNo. 339, referred to the Com-mittee on Retrenchment ;Assembly Bill No. £72,

1 that the author have leave to withdraw the same ;,Assembly BillNo. 305, same order;Assembly Bill:No. ****>,do not pass ;Assembly BillsNos. 24?., 247,294, 297, 307, 308 302, 311, 317, 345 .nd 346, do notpass; Assembly Bills Nos. 103,2';;, 250, 233 and 351,inieflnit-\ postponement ;,Senate Bill N0. ,96,notprinted as amended, and referred back to the Sen-ate; Senate BillNo. 152,not correctly enrolled, andreferred back to the Senate ;Senate Bills Nes. 108,113, 114, 115, 110. 117, 124, 125, 140, 145, 146, 147,14$, 149, 150, 15),159, 161, 113 and 165, passage •«am CI by the committee; Senate Bill.Nos. 112,141, 15?, 162,164 and 175 and Assembly BillNo. 363,passage as amended by the committee ;Senate BillNo. 173. do iot pass ;Senate BillNo. 84," As-..;.BillNo. 205-, a new bill to be off-red by the c .!:;-

mi'tee ;Senate Bills Nos 93 and 129. indefinite post-I»o:icu:eut ;Assembly BiilNo. 254, that.the author

have leave to withdraw some ;Assembly BillNo. 391, passage ;Assembly Bills Nos. 355 and 305,do not pass ;Assembly Bills Nos. 3SO. 386 and 387,indefinite postponement ;Senate Bill No. 270, As-sembly Bid No. 298, 1passage ;1Assembly Bill No.221, Senate Bill No. 284, passage ;Assembly BillsNos. 396, 298 and 393, do not pass ;Assembly BillNo. 244, passage as amended. \u25a0

I-Mr.Bki'sek, from the Committee onPublic Build-

ings, report d bock the following bills:AssemblyBill No. 140, without recommendation ;AssemblyBillNo. 277, making appropriation for deficiency inthe fund for the improvement of the State CapitolPark and grounds, passage ;Assembly BillNo. 276,do notpass ;Assembly BillNo. 321, passage. .'

* - --

Mr. Stricter, from the Committee on CountyGovernments, reported back Assembly BillNo. 216,do not pass ;Assembly BUI No. 180, asking that itbe rereferred to the committee. *-.

'\u25a0

-"i A

Mr.Dimond, from the Committee on Roads andHighways, reported back Assembly Bill.No. 179,concerning wagon rood corporations, Ipa sage asamended by the committee. ..,..'*,,;

"

.TillREVENUE BILLS. ,The majority and minority reports of the joint

Committee on Revenue and Taxation were read, andit was agreed that they should be considered to-gether. .o. .•>--y.(.-yo .--'-'..- . • \u25a0\u25a0; ..-..-:..---I.Mr. Leach opened the discussion. He said :;Weare now entering upon one of the most importantActs for which this Assembly was convened, and itis proper weshould discuss the question of revenueto its fullest extent, that the members- may actwisely, intelligently and without prejudice. ,Thelaws for taxation are enacted for the purpose ofraising revenue far the support of the machinery ofgovernment. Governments are organized forthe protection of society and the maintenance of therights of individuals in their pursuits of life andhappiness; that the weakest among the people mayfind a sanctuary under its authority; that justiceshall be meted out, for the asking, to every manbe he rich or poor, high or low. Now, sir, is itnottbe bounden duty of every citizen to willinglybearhis shore orproportion of the expense for the enjoy.ment of these grand privileges ;and such share shouldbe paid withpromptitude, and without coercive laws.ButIregret to repeat that which is in the knowl-edge of everyone— the spirit of evasion of taxationis almost the rule; and this unpatriotic feeling hasgone so far that in years past the assistance of thehighest Courts of the land havebeen invoked tomakecomplete the escapement of taxation. Untilnowat least one-half the p.operty of the State is un-justly bearing the whole burden of the expense ofGovernment. And the worst feature of this condi-tion of affairs is, that the owners of this one- half arethe class of citizens least able to bear the tax—theclass which frequently in paying the tax have todeny themselves and their families the comforts oflife,and, sometimes, even the necessities of exist-ence. ;„,.o, s„-.y \u25a0 \u25a0;, \u25a0 -.:-.: -\u25a0 ;,-. -

_\u25a0' IS THIS JUST?

Isitstrange that people complain when the otherhalf escaping taxation are of a class that to pay theirshare of tbe burden would uot compel them a de-nialof hardly a luxury? So palpable had this in-justice become, so onerous the unequal burden, thatthe murmuring of the people was unmistakable andanew Constitution, containing almost an entire rev-enue system, was the result. The people were de-termined that the time hail come when the burdenof taxation should be divided between the real estateholder and those who own princely fortunes inbonds, mortgages, stocks, etc. -\u25a0-••

- - -Inthe consideration of ihe question the duty of

this body is plainly and unmistakably set forth inthe provisions of tho Constitution. There can beno evasion or equivocation: The lines arc clearlycut and well defined. With a fulland conscientiousconception of this fact, the duties demanded of ushave been provided for in the billsubmitted by theminority.. On the contrary, the bill submitted bythe majority is nothing but a careful, skillful, craftyand shrewd evasion of the requirements of the peo-ple, as expressed in the Constitution.' '\u25a0 ,>->'-' • •

j political pledges. ,;..*.j ;.. .; y

To be true to the mandatory provisions of theConstitution was the greatest trust the people placedin this Assembly, and each political party pledgedIts candidates to a strict observance of the spiritand letter of the new fundamental law, and Isin-cerely and honestly feci, and say it withall the em-phasis of my manhood, that'Icould do no greaterviolation to those trusts— those duties— than to givemy support to a measure which is a plain evasion ofthe spirit and letter of the Constitution

—the bill

supported by the majority. .• From the reports of the State officials for the year1879, 1 find that the total. amount of property as-sessed in this State that year, from which the rev-enue for the support of the State was derived, wasabout 8600,000,000, withthe property only assessedat about one-half of its full value. By assessingproperty at its fullvalue the amount of the rollofthis State should be nearly one billionof dollars. Ialso find from the reports that the eighty-four banksof the State have at least $100,000,000 worth of taxable properly, none of which has been returned tothe Assessors for years There is at least as muchmore of the same class of property in the hands ofprivate individuals that has escaped taxation. Toshow the inequality of taxation, a member of theConstitutional Convention of the State, Mr. Dudley,took the trouble to investigate the question. Theresult of his labors willbe shown in the debates ofDecember 27th, which was, that while the averagetaxpayers paid about six per cent on their gross in-comes, four certain corporations of the State onlypaid a tax of seven mills.

-These are the evils we propose to correct, ,and

when the assessment of the stock of corporal ioi s istaken into cousiderati n, together with the propertyof the banks and individuals that has eecaped tax-ation, and the .ating of all property at acash value,it must be plain to every one that the assessmentroll of the State under such a bid as the minorityreport sliolll. be double its present amount, and therate of taxation reduced near!) one-half. Is anyone going to be hurt ? .ianswer no, sir, for the manwho is compelled to do bis duty nnd pay the debt heowes society for the security of his person, biswealth and happiness, is not hurt onlydoing undercompulsion what he ought todo voluntarily.- ' *'

THE taxation OF stocks.The kernel of the whole question is, sha'l we tax

tho capital stock of corporations? The Constitutionsays we shall. T'ne Constitution says the word'•property"

besides other things is declared to meanstocks, as well as all other matters aud things, real,personal and mixed, capable of private ownership,and, further, that all prop, shall he taxed. Nowwhat is plainer t an this. How could wo evadethis lain duty, even if we desired'; Nevertheless,the committee were urged not to assess the sharesof certain corporations, and oven one gentlemanwent so far as to call on us topause in our mad ca-reer, and warned us of the terrible result thatWould follow, namely: That

'certain cor-

porations would disincorporate, and cer-tain capitalists would remove to Sew York,Now, sir,Ifeel like hurling back the warning, tohim and those whose 'ctiliracnts be echoes, andwarn them to"beware that they carry not too fartheir defiance to the willof the people. There canbe no greater menace to the woll-beingof acountrythan the encouragement and recognition of an une-qual and discriminating taxation. Because we thai!pass laws compelling a class ofcitizens to share withus the cost of supporting the Government, thesepatriotic individuals are going toleave the State.When Ibevel this warning Iat once sought Hie rev-enue laws of New York, and Ifound to my aston-ishment that the Code iv that State provides for amore stringent assessment ofcapital stocks and cor-porations than do-s the law wo propose In fact, Iinvestigated the laws of nearly all the States, andold Missouri was about the only State that bad lessstringent laws than we propose, y

TIIKV SAY Wi: should not tax

Stock". Iwant to know why in the name of justicea man who has bis capital invested In this class ofproperty, deriving an income which gives him allthe luxuries of life,!should bo exempted from taxa-tion, and by what course of reasoning they justifythe taxation of the man who has his capital investedinreal estate and thel ke, to the extent that hemusthear the share of him who owns stocks. The ma-joritysay stocks are not property a.d should not betaxed. yIquote the following decisions of theSupreme Court of the United States, whichIthickis a higher authority than the report \u25a0of themajority: \u25a0

"In the decision of the Delaware Rail-

road tax case (18 Wallace 17. S. Supreme CourtReports) it was held and affirmed that the Statelimyimpose taxes upon the corporation as an enti»yexisting under its laws, as well as upon ths capitalstock of the corporation or its separate corporatepioperty. And tho manner in which its value shallbeessesse.l,aadtherateoftaxatlon,howeverarbitraryor capricious, are m^re matters of legislative/ dis-cretion.*'

Again: "Inthe case of Tappan vs. Merchants'National Bank (19 Wallace, Supremo Court Re-ports) the opinion of the Court was that shares ofstock in national banks are a species of personalproperty which is, i.i one sense, intangible and in-corporal, hut the law which creates them may sep-arate them from

'the person of their owner for the

purposes of taxation, to give them a si'iir of theirown.

* * *The State within which a national

bank is situated has jurisdiction, for the purpose oftaxation, of all the -reboldcrs of the bank, bothresident and non-resident, and of all its shares, andmay legislate accordingly.''

*,c

Andagain : "Inthoca'cof PalIlugtail vs. Ten-nessee (vol. 95 \u25a0United •States Supreme Court Re-ports) the Court held that the capital stock and theshares of capital stock are distinct thing*.' * * *Itis" subject to taxation like other property. Tlieshares of capital stock are usually represented bycertificates.

-Every bolder is a eettui que trust to

the extent of his ownership. .The shares are heldand may be bought and sold and taxed like otherproperty.- The capital stock and the shares mayboth be taxed, aud it is not double

'taxation. The

bank may be required to pay the tax out of its cor-porate fuues, or be authorized to deduct the amountpaid for each stockholder out of hi, dividends.

-*. "

The capital stock and th1shares of that stockIn the hands cfsloe' holders arc different propertiesend consequently distinct subjects of taxation.The exemption of the one is cot of itself an exemp-tion of the other, nor is the taxation of the one atax upon the other."..-. : -. \u25a0\u25a0\u25a0..>.

-\u25a0t ;'i-i'AA'-A TnE bills compared. ;y.:: . ..":He then said itroust be borne in mini that theserevenue bills are simply amendments to the sectionof the present law of the State as found in thoCode. He said the most important difference in thebills was in the first section. The majority c m-mitlee bill says :"No property is subject to doubleUxa ion or-to be twice assessed by the same tax,whatever be the manner or form,"etc. That readsnice and is fairly captivating, but it is one of theworst features of their bill.\The cry of double- tax-ation is nothing but a scare-crow, and is only in-dulged in,by jpoor, little, timid. capita!,- and ,ifyou speak of assessing anote, a bold or tbare ofstock this creature, trembling in every limb, withhorror depicted on all its features, and quakingvoice," squeaks out:

"Double taxation." <The en-

actment of this proposition v.ou'.l practically nullifythe whole intent < f the Constitution on revenue,and we would be powerless to reach the majority ofthat class of property escaping taxa ion ever sinceths notorious decision of the Supreme Court. .Themijority? are > frank J enough , in

-their |report

to imply that'they have

-Inierted Ithis,' as

-1bey

believe that money oncaj taxed to jthe-

Depositorsshould not be taxed in the bank even ifloaned. Astbe balk of mortgages held bybanks are acquired byloaning the money of the depositors, howrtrsn couldwe tax mortrages, credits, etc .".under this provis-ion .' The Constitution says wemust tax mortgagesto the hold..- thereof, consequently tbo propoteiaroeniment comes in plain and direct conflict withthe Consi:tirion. 1: loereis another bad feature inthis section, th;Eubstuir-o of win.h is that deonsiisare to leassessed to the bank. ;The effect of his isthat eg Bullions ofdollars fromaHaurcr the State are

deposited in the banks of the cities, and being taxed"a the bank.the cities would get the taxes properly bo-longingto the counties from which the deposits came."

InSection 2 the majority omitted the following:"The term property Includes moueys, credits,

bonds, stocks, dues, franchises, and all other mat-ters and things, real, personal and mixed, capableof private ownership." We inserted itbecause theConstitution defines these things as property thatshould bo taxed. Now, according to the positiontaken by the majority, that money once taxed tothe depositor could not be taxed again in the bankif leaned or not.' They: must have designedlyleft itout, for the oanks frequently acquire bonds,Scrip and like credits with the money depositedwith them. Itwould not be. onsisten" for them toinclude tbe constitutional definition of property intheir bill, when they take the position that this kindof property should not be taxed. .

\u25a0;•.-.: ;--.., 'taxation OK mortoaoes. \u25a0\u25a0\u25a0[-•'IInSection 3 the majority provide for the assess-ment of mortgages. This provision was not in thebill originally; but itlooked good, and they incor-porated itfrom ours, overlooking the inconsistencyof the provision with other parts of their bill. Herothey provide for the assessment of mortgages, andyet they lay down the opinion in the first section oftheir bill and

'say in substance that it shallnot be done. They here acknowledge the duty andright of the Legislature to assess that part of themoney deposited which the bank loined on mort-gages. In

-this admissio ithey acknowledge the

principle tobe correct, let declare against it, whenthey in their report hold that deposits once taxed to

the depositor' can not be taxed in the tank, whetherloaned or not. By this they acknowledge the rightto assess that part of deposits invested in mortgages,but toassess that part of deposits invested incountyscript, bonds and credits of that kind is doubletaxation. Mr. Leach proceeded todemonstrate thatthe provisions of the minority bill, defining theduties ofAssessors were more complete and specific.

. ASSESSMENT OF UNSUEVETED LAND. :Section 7 is exactly the same In both bills. It

was amended to conform to the requirements of theConstitution providing that land shall be assessed insmall tracts, the old section in the Code providingthat when he thought it necessary the Assessorcould compel the survey of land unsurvcr. d, andthat the expense should be included with the taxes.As there are erases where the cost of survey would bemore than the value of the land, the committeeunanimously thought it best to take the extraor-dinary power out of the hands of the Assessor andplace itin the hands of the Superior Court.• '

THE IMPORTANT SECTION.'-'• * •~: "

Section 3640 is the most important section in ourbill. The other side devotes a large part of theirreport against this section, arguing that itis doubletaxation. They 'cite authorities, and the wholeburden of their argument is that we intend to taxall their property, real, personal, etc., first, and thenall of their capital stock. Iwill guarantee that aboy fifteen years old, after reading that section, willnot say that. . There has been a gross misunder-standing, tosay the least, on the part of the major-ity, and the misrepresentation has led a number ofpapers into error. 1will icad the section : "Corpo-rations, associations, and Joint stock companies hav-ing t'ieir principal place of business in this State,shall be assessed with the market value of their cap-ital stock, after deducting therefrom the value of allother property assessed to them, and such capitalstock shall not be assessed to the individual ownersthereof." That is just as pi. as thewords of the English .language can make it.To illustrate :If. the value of.the capital stock isworth nomore than all their property, there wouldbe nothing to assess of the capital stock ;and again,if the property of a corporation is worth $:.0,000,and the actual cash value of its capital stock is 175,---000, there would be only $25,000 to assess.

- Ifthereis any double taxation in that proposition, then Iam emphatically for that kind of assessment, ti. > •\u25a0'\u25a0

. *.IXI'R.A TICE IN OTHER STATES.

Ihave taken the trouble to examine the revenuelaws ol ten or twelve States wilhoutdiscriminati n,and a majority of those commonwealths tax tbecapital stock of corporations in substance on.thesame plan as wo have proposed. Iwi1read :. Arkansas— ("unit's Arkansas Digest, Section 5047,says the term "investment" means and iieludesall moneys invested in.all shares of associations,'corporations, joint-stock companies, or otherwise ;also all shares of every company, whether incorpo-rated or not;and the next section provides that allinvestments, moneys, credits, bonds, stocks, theproperty of corporations, shall h> subject to taxa-tion, and there is no deduction from asscssmeßt-'ofstock ;and another provision provides thai* this.property must bo assessed .to the individuals ;nodeductions are provided for. -.'

lowa—Stocks in corporations are assessed andtaxed at true cash value. Shares of banking associ-ations are taxed at no greater rate than money.j Maine

—and shares of corporations inand

out of the State are assessed toindividuals holdingthe same iv the State, and deductions are allowedfor the capital invested in machinery, goods and realestate. Inassessing railroads deductions are allowedfor the track of the rood and land on which itis con-structed. . '."".--•

Alabama— Codes of this State provide thatstocks are included in personal property, and thecapital stocks of corporations are assessed, except somuch as is invested in property and taxed otherwiseas property. Banks are subject to a regular annualtax of CO c.nts on each $100 of the par value of thestock which is 8100. Railroads are assessed for alltheir property and their capital stock.-

Connecticut -The revised statutes of this Stateprovide that the shares of the capital stock of anybank, trust, insurance, turnpike, bridge or plankroad company shall bo assessed to the individualholder, deducting from the actual value of such

so much of i's property as is otherwise assessed,and the only slock exempted is that of religious andagricultural associations. The cashier of everybanking association, under oath, is required to mikeout a list of all its stockholders residing out of theState,' and the bank is compelled to pay iper cent,per annum o:i such shares, and this is also requiredof every other corporation liable to taxation.

Kansas— The Kansas laws ore almost the same aswe propose.

New York—The capital Stock of companies sha Ibe assessed to the company at its actual value;al-lows deductions of real estate, personal propel ty,together withits surplus profits or reserved fundsexceeding 10 par cent, of its capital. 1 . -.

Massachusetts— This state has very elaborate lawsfor the assessing and taxing of -rations. Thecapital stock of corporations, except banks of issueand deposit, are ta-ed by the State Commissioner(an official corresponding with our State Board ofEqualization), at the actual cash value on the firstday of May, deducting their real estate, strueturi s,machinery, assessed by the local Assessors. Thocapital stock of railroads and telegraph companiesare only assessed upon such portions of the wholevaluation of the who

•capital stock as is pr.p:.rtion-al to the length if that t art of their lines lyingwithin the Slate A tax is also levied on the gainsof corporations. The corporation itself must paythe tax

—the tax not being levied on the sh rebo"a-

crs. Upon failure of a c rporation to pay its taxesthe Supreme Judicial Court may enjoin the fuitherprosecution of the bush c s of the curjioratlon untilall -axes due are paid, with csts. Shares of thecapital stock of foreign corporations, if owned bycitizens ofthe commonweal tb^are taxed to the in-dividual by the local Ass ssors for their lull value,without deductions. ...

Missouri— According to the Revised Statutes! cf11*72 the pita!stocks of corporations in this Statear. not taxed. -.:,

Pennsylvania— Allstocks, except of king andforeign insurance companies, are taxed at the rateof one-half millon each one per cent, of the annualdividend, or,ifthere isno dividend declared, threemills on the value of the capital stock. The tangi-ble property is otherwise regularly taxed.

Mr. Leach proceeded at length to show the su-periority of several minor sections of his bill overthose oi the majority bill. He said that tho minor-ityproposed the addition of a new section whichprovided for the maimer in which the State Boardof Equalization shall assess tlja railroads operatingin more than one county. Trie section also pro-vide, that the Board of Supervisors, after receivingthe apportionment from the State Board, shall ap-portion the value to the various subdivisions of tin-county. The other bill simply says the road shallbe assessed, but does not provide the method. .

. A SAVING PROrOSEP.Section 3665 ia another new section to the Code.

Itprovides that the asse sment made by the CountyAssessor shall be the only basis ..f taxation for thocounty, or subdivision thereof, except incorporatedcities, and may also be taken as such basis in incor-porated cities when the proper authorities so elect.This willsave the expense of the election of Ascss-ors, etc, for special assessments for t..h .<»', roadpurposes, and like, and the assessments for suchpurposes willbe made from the county roll. Andfor this reason ithas been provided in ourbillthatall property shall be entered on the roll to the dis-trict inthe county to which it belongs. .Mr. I.rackexplained that tho greater part of the remainingsections were almost exactly alike in both bills.The minority had changed Section 375", at the sug-gestion of the State Board of hqualization. Here-tofore taxes came delinquent on the first Mondayi:iJanuary. Now,as that is the time the new offi-cers go into office, itwas necessary to give the old..(ficere time to settle up their .hook« before goingout of office. So tho time of delinquency was madeone week earlier. '-' .y"

' • ..'. RRVIKW or THE major-TV report. "y \u25a0

The majority say :"Itis apprehended that thechef ground of opposition to the bill presentedherewith willbe bised upon the fact that its fistsection declares ,that no property shall be sub-ject to double taxation. The donblc taxation whichis thus sought to be obviated arises mainly, ifnotexclusive y,in reference to the taxation of stocks ine-rporalions '

formed ard doing business :in thisState." Now the objec'.ion we raise is, that whilepretending to tax stocks they do not practically as-sess them at all. ,

- •' .;•,-

\u25a0-*.

They fay again :"It beyond controversy :thatthe stocks issued to the stockholders at the COT-juration is but a certificate showing the interestwh*th the holder has in the entire ai-cts cf the cor-poration ;just as a deed Is 'rely the • evidence ofthe interest which the grantee has acquired in.theproperty described therein." There Is a wide . !U.tinctlon. Adeed has no other than an intrinsic vc*-ue

—a value commensurate with the trouble of jre-

producing It. It is not negotiable. 1 You cannothypothecate it;and is only the evidence of owner-ship. • But itis different with a share of stock- it isthe value of the property and the evidence ..' own-ership combined. Itis ogg .tiab c, and yon can hy-pothecate it.

'It frequently represents douole toe

value of the property creating it. -•'\u25a0'

The majority say, by way of .illustration :"Iffive men ,boose to form a corporation \u25a0 to fix thevalue of their property at one hundred thousanddollars, and to name their capital stock at the samesum, itis evident that they have created nothing ofvalue;that the property and its worthare preci elythe same ss before." • Ea~act*jr, and in tnat casethere won.; be no stick to as?cts, for the deductionof real andpersonal property leaves nothing.

-y

" * -GOVERNOR PERKINS , '.:

'

-J.Inhis message says :"To insure that all the prop-erty of any firm or orpora'i.u bavin.' a capitalstock shall bj properly taxed, would it not 1. \u25a0 theplan:of v. i.-loi.i to Mesa the tssessmentof :Vstock j.iIrs market valu? to the c0m;..,. ijsulsg it,after daductlng th> va!u.< if all a-acsamcnU on thereal and personal property of such company as mayhave been. otherwise, nude."

'That re ids almoat

like a section inour bj1. ' ' . \u25a0- . y

AAA--- '.-**"'*. ''•'- B-'-""t nsrosiTs. \u0084''-"•.';'7^-7-A

"\u25a0 71,..- n;.oJ..ii.'y say :"If has thousand dollarsand toacs it to B, i;is clear that the a»se*ment ofthis property, as a mortgage or otherwise to A for

one thousand dollars, is a just and constitutionalassessment."' We agree on this. \u25a0

" •• - -. •j They say again :

"But if C, having 41,000, deposit

itwithD, a savings bank, which loans it to E, andthe result of these transections are two assessments,via.: .one to C and one to D, and each for *1,000,here is a niodc of assessment not in proportion tovalue, for C's $1,000 is made to contribute to thesupport of the Government, during the same year,twice as much as A'sSI.COO." Or, in other words,they hold that it is roper to assess mortgages tothe individual holder; but when banks acquiremortgages they should not be taxed for them. Wehold that this is anunjust and discriminating propo-sition. . .-.•"\u25a0_-

Now we propose to assess deposits to the depos-itors that the country may get the benefit of tbeproperty that belongs to it. The deposits being adebt (unsecured) the bank owes, itis allowed to de-.duct this debt from its solvent credits unsecured :anil, inmost instances, they will have sufficient ofthese credits, viz.: bond', warrants, notes indorsed,etc., to offset the amount they owe the depositors.Fair-minded bank people who understand this aresatisfied. According to th iprinc pie laiddown intheir report, ifa man had $500,000 inMate bonds, orstocks, giving him an income of 550,000 a year, heshould not be assessed tosupport the laws that ere-and that property and gives itprotection. "*-"

The majorityintimate that an equal taxation willexterminate the banks. Being satisfied the pastsystem of taxation was the next thing to confisca-tionand ruination of those who held real estate andlikeproperty, itmust be, sccoiding to their theory,a question now of who shall be ruined by taxationthe |>eople or the banks. while Ibelie, cm banksIhave no hesitancy In saying the commonwealthwill suffer less by relieving the people. But, gen-tlemen, there is no danger that tlie banks willsufferorbe exterminated by our system. ' - .

The proposition of the majority is only a struggle*'ofcapital to evade taxation— that capital which isalways to the front when the protection of the lawis wanted, an1always skulking to the rear upon theapproach of the Assessor.

--1do not wish to be un-

derstood and thought from my 'language thatlasvar on c pital any further than to maltsitshare its portion -of the debt due society for itsprotection, t Ido not believe inIa war betweencapital and labor, and Icannot express jmy senti- \ments belter than did Edward Everett when he said :That the rich man who treats with arrogance anilcontempt the poor Is simply tramping -on theashes of his ancestry. And the puor "ft*** whonourishes .feelings of hatiel again*' the rich ismaking war with the prospects of hlsc'idrcn.- The bills were made the special order for to-mor-row, at 10 o'clock, and at 5 o'clock the Assembly

adjourned.

CO.II*IIIITE*EH.

The contested election case of rues vs Pestywas conaidere » by the Senate Committee on Elec-tions. Dusty submitted tapers in support of hiscitizebship consisting of declaration of intent ondated New York, November 22, 1840, an.l final natu-ralization papers dated February 24, VBB&, by whichitseemed to appear to the committee that he be-came a full citiz. yesterday and tot be'ore. Desty.claims citizenship, however, by reason of his motherbeing married to a citizen when be was 12 or14---years old, hut he offered BO proof of that fact. Thecommittee t.>ok the case under advisement.

The Senate Committee on Swamp Lands held ameeting and heard arguments and di«onssed billsbefore it,but took no finalaction. '.'

The Joint Committee on Education oropleted theschool billand adopted it,as a whole, without ma-terial change, and willreport it to each house this,week as a substitute, covering former school lawand all bil's offered. -.-..,-.. .,\u25a0

t.The Investigating Committee, in relation to Fol-

som branch State Prison, examined further wit-nesses ii]urn matters -.lreody passed over, and testi-mony being of similar effect to that heretoforegiven, another meet ing will be held this evening,when the .Xpert who was recently' sent by theBoard to Folsom to examine the works and makemeasurement willreport.. . _ ... _, .'

The Assembly Judiciary Committee during therecess of the Legislature fromSaturday toTuesdayacted upon ninety-five bills and nearly finished thowork before it. \u25a0

- ~ • .

FACTS AND FANCIES.Buffalo Bill tells of beef cattle so poor

that he had to prop them up toshoot them..down.-

Since cashiers began to alter accounts,,double-entry book-keeping has been some-what changed.

The latest fashion ia for young ladies tocarry small daggers intheir stockings, as aTexan carries pistols inhis bootlegs.

An East Boston man sent a coffin to afriend as a practical joke, and the man who,received it went and sold it for SIT- to an.undertaker. ' - '

'\u25a0\u25a0'_.-"':

>A timidRochester girl, who was robbedby a pickpocket on the street, took thepurse away fromhim, and kicked him clear-around the corner.

There is no pleasing some people. TheOSwego Gazette states that during thespeech of Searlcs under the sea

'Void some

one among the audience cried em ""/ruder."An ingenious mechanic over iiiEngland

has invented a gun without a lock ; andEdison is going to find the k< y to that in-vention, if it takes him threc-ijuaiters ofan hour.

-.

-A stranger from Albany appeared at the

poorhouse iv Troy and told the keeper howanted a wife. A woman was shown tohim, and after looking her over in a busi-ness sort of way,he agreed that she shouldat first work for him and then become hi*bride. '".:.'

At Stockholm the Countess Fersen,Gyldenatople, whoso grandfather, CountPerson, disguised as a coachman, droveLouis XIV., and Marie Antoinette toVaresest, was lately burned to death.She is said to have been the Inst of thoFersens. _ ,.

English critics are in a deadlock aboutthe signs which the midshipmen on boardof the Bacchante. induced the two sons ofthe Prince of Wales to have tatooed -inIndia ink upon their noses. One class paythat the signs are anchors, and another,class say that they arc arrows.

When Mme. Emtio de Girardin vi'rotcher

"Lady Sarteffe,-" some one said toher *

"What imagination you must have bad tohave found the resume of all the vices thatare incarnate in your sad heroine.

"."My

imagination had nothing to do with it,quietly replied Mme. de Girardin."\u25a0\u25a0'* lsimply rammed up all my best and mostintimate lad} friends.

Sheridan once declined to take a walkwith a troublesome feminine admirer, onthe ground that the weather. would notpermit, and being caught by the lady as. howas sneaking cut fora stroll, countered herremark that the weather- seemed now tohave cleared up, with the bold assevera-tion, "Yes, madame, enough for one, butnot enough for two."

As a specimen of metaphor, we thinkthe following

—need the other day at a

boisterous Home Bale meeting in the northof Ireland

—is about the finest on record :"Misther Spaker, scrr, the apple .of dis-cord has been thrown in our midst,and ifitbe not at ence nipped- in the bud,'twill burst into a conflagration whichthreatens to deluge the whole world '."

He looked over all t'.o papers on thenewstand, nd not finding what he wanted,said to the plump,' pretty girl-clerk :"Iwant- a Fireside Companion." "What,sir?" she blushed. "I want a Fireside \u25a0

Companion,'" l.a repeated. "Oh, yes, sir;Ihear you now," and she chewed the cor-ner of her apron ;

"well well—do you

thinkIwould do':'' Itturned out happily.• •

A whip with a lash si.1 feet long and an •

inch thick is used to drive hogs in the Chi-.;cago slaughter-houses. j An experiencedman can take out a piece cf a hog's \ toughhide at every stroke. Another instrument

-of torture is a pliant strip of wood with"aheavy knot at the end, with which the,-brutes' snouts ere whacked. A wagon •\u25a0\u25a0 '.-1tows 'every drove to pick op the disabledhogs. :';< -\u25a0'' \u25a0''

'• .yy-'.-y *"\''"'.",Lady Rosebery is of imposing, almost !

imperial presence, and her face, distinctly <

eastern in type, shows gooJ health, good.sense and good . feeling. The Earl and .Countess were married' in 1878, and theirdaughter, V only two months old,' is > nono

'the less l.".Lady

"Sybil, M****f- Cam;.

Primrose, and ,-. at tlie... reception given,to Mr. Gladstone was greatly pettedand kissed,', till a solemn "footman

'

announced that"

Lady Sybil is wanted."'This recalls: an ,anecdote of the time when* 1commissions inthe British army were soldto women 'and children. ;" "What noise isthat*1

"some one asked. .'"Oh, it's just tie

Majorcrying forhisporridge."- One day when areview was about toHicplace .in,a-certain French city a band of

-patriots ..went to the general commanding ;,clamoring to have the band play the Mar-.>\u25a0

seill.-.-oe. * -"Children (f"your, country."

said tie General coldly," "do you beholdelevated 'on 'any aide the bloody standardof tyranny ?

""If•no." 7^%:yon >hear 3

my ferocious'sdMiete

-roaring .in

- t!,o

country ?"'"

N-no."."" "I"'-'' manifest ,

any. intention of caning lo take from your •

arms yonr .wives ami- littleones to sl.-..\veh

**' " "N-no." "Ami,finally, have y.nr

furrows any 'urgent' necessity"

tr^Wing:.watered v with impure h'001?,"'..."N-no."---" Well, if all this ia to, uhai'ia hunc-er .".

'do yon want the ilsm-il':**!:-*1 ...;...'- .. \u0084> ; ,y-roy \u25a0*,'-. .\u25a0\u25a0'.•-,\u25a0:\u25a0: \u25a0.--:--\u25a0'>'-"'

-."- '-*.'''-

THE DAILYRECORD-UNION.Entered at the Pest OfficeatSacramento as second class matter

PUBLISHED BT TBS

Sacramento PublishingICompany.WM.H.lIIIU,General Manager,

Pablleallon Offlee, Third si., bet. J and K.

the daix v BECOBD-rHIO~IIUpnhllshod every itut tbe week,Bandars excepted.For one rear........'..•• ........|lO OCPee six months. *. 5 00Vorihree months i00**cocopies one rear, toone address..... 80 01)

Subscribers served b* Carriers at TT"-""-*TT-Frv'gCikth per week. Inall Interior cities and towns thepaper can be had of the principalPeriodical Dealers,newsmen and Amenta.Advert x statu 1b Dally Ceeord-ralon.One Square, 1time '..............(1 00One Square, 1Unaee. 178One Square, 3 times. , \u0084,, J MEach additional time. 88•' -

1Week. IWeeks. 1MonthHalf Square. Ist page f!60 93 80 $6 00Half Square, 3dpage 3 60 COO 8 00Half Square, 3dpace 3 00 4 M 8 OCHalf Square. Ithpage 100 800

'. 40bOne Square, Ist page. 3 80 5 00 TOOOne Square, Idpass ...8 00 109 10 00One Square. 3dpage 4 00 8 00 800One Square, Ithpan 3 00 8 0S 8 00

Star Notices, to follow reading matter, twent|-fivreenU alis. for each Insertion. . -\u25a0\u25a0-\u25a0--

Advertisements of Situation! Wanted, Houses toLet.Society Meetings, eta, of FlvnLinks ob LESS, willbeInserted inthe Daily BaooatD-UiaoaT as follows:Op-"1™* i »cent.Three, times , , 6OOOOUOne week •.••........76 cents

Seven words toconstitute a line.

. • THE WEEKLY I'M*"S i["Published In serai-weekly parts*, ".

'

bIssued on Wednesday and Saturday of earn week,oonrp. lalugEightPages Ineach Issue, or Sixteen Paceseach we. k. and Is the cheapest and most desirableIIme, News and Literary Journal published on theracitiieoaaa, .. :•

,. ;,-{,, .Xerus, One Year tl00

Beml-ITeekl y Cnloa Advertising Kales.Half Square, 1t1rqe.....;;..U.'.V..;.;......."...'.il 00Each additional time M..... SOOne Square. 1time ......' 100Each additional time 100

THE MECHANICS' STORE. * ; I.- '

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'..'. .. ;:.,'; ( i..-^-v \u25a0'\u25a0-.:\u25a0 \u25a0' :- ;* - : •\u25a0'''\u25a0'•.'" :':".*'"'.

BLACK CASHMERE.• .\u25a0\u25a0•\u25a0-'\u25a0\u25a0 ;.-."y- 1;!

-!.'<*'-'i*-v's ..' ;,.\u0084;si.f r.;v.iiiv ;.v;'.>-,-; -\u0084.. ;.\u25a0-•:.\u25a0;- i "

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v^-io el .\u25a0*.;"- '\u25a0-'- '" "';-:-"-'

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--><\u25a0'-. *stT,

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7# -.^'-"i \u25a0\u0084*." \u25a0-*' ;/-^-

,

We have often heard ladies remark that one of

the most difficult lines of Dress Goods to buy satis--\u25a0 •'•\u25a0.-: -i.'

"'\u25a0\u25a0•\u25a0 ' *.'\u25a0

•;'\u25a0":,-•-' • \u25a0' '

-\u25a0- 'i.-i>"-"'; '\u25a0•\u25a0•- \u25a0\u25a0.\u25a0.,•\u25a0••

\u25a0\u25a0yi.!/: ..; «;*r.-j;-ji*j•.! \u25a0..it...:sf'».({,;/, \u25a0\u25a0\u25a0• •-

.-•\u25a0 :; \u25a0-\u25a0 \u25a0

' . ";••\u25a0''\u25a0

factorily is BLACK CASHMERE. S1

"'l"\u25a0 !

- '• "'-..' p.i>"-\u25a0

•- , ...-—

--\u25a0'\u25a0\u25a0 '\u25a0*"'\u25a0'.'"-'. '.''

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''\u25a0_\u0084'\u25a0.*. ...,• •';.;.. .'

Vlyyy-^Vy".

Of this there is no doubt, as it requires great still to know

the true value of this important Texture. Even Experts,'

\ whenIW. .'.

"\u25a0

" "

\u25a0- \u25a0

- '

.buying on their own judgment, dare not > trust to their senses of

seeing and feeling, hut always 1 rely and depend the magnify-.-; % ':.:\u25a0-\u25a0,::" 77:

\u25a0 ... .. \ :;. .'-'\u25a0'*' ". \u25a0\u25a0 ':.".\u25a0\u25a0'ing glass to give them the fineness and' pantity of threads, and

the scales to show the weight, .Such being the case, it is always

safest, ;when . wanting any .of these goods, to bay them in an

establishment where the representations made can be depended

upon, and where, in order to obtain full:value, no"judgment; ¥

j \u25a0\u25a0--• \u25a0?."::':: a

l-.:.: I. ''.'

. -,;':

Qualities is needed. r.

We are happy to announce that within the past few days

we have opened out from among our MR, LUBIN'S recent Eastern

purchases a complete and most beautiful line of these very goods, in

all the different shades of Black,

The low prices we have been enabled to place on these

CASHMERES; will, we are satisfied, prove: as agreeable a surprise

to our patrons as "they were to us, '.

„'...,.. :...' : .1' *\u25a0*•: : •• \u25a0' ' ".-. 7. :;\u25a0\u25a0;\u25a0 '-7We solicit an inspection on your part, and we wish you to

remember that in asking to see these goods, you are not expected-'&7S- - * - ' r-\**^^^MM£gM'.. A \u25a0

'\u25a0 1

'""

$$$&& . \u25a0

' •'.

'AA- ,-'.'.-; : \u0084. l^pK^rl-'. '-' -"V ''. 1

to buy, as we never allow any urging or pressing customers to

buy against their wishes.;

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-. ':>. -*-"";•'--- •

"'\u25a0 .\u25a0 ; \u25a0 •: \u25a0' : \u25a0;"' "*•;,.. '. ..-v ,- ". ': '--.' .-'

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We -also ask :you to '\u25a0 remember tint in our House \u25a0 you-"-"can—•"

—':. -

\u25a0 .v r/r i' *;- . - *

\u25a0 -•\u25a0 \u25a0-\u25a0 \u25a0!"/-*- -\u25a0-,-

safely depend upon the representations made, as we never"; allow

goods to be sold by lies, trickery or\misrepresentations,

WEINSTOCK &LUBIN;'-, -

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- '\u25a0' -1 '4- V

'A^SnB^^BaPESBB^Est ** "

*.-. ;.:\u25a0

.'. PROPRIETORS -

'\u25a0.'.:- A-^^^7 :̂.--'>A- \u25a0 .:

'yi:"'

sara-jtisi :-' \u25a0...'•\u25a0:: ti'*-'*-'- •'. '**•" :

'*'::: -;v.:';i,Ni'v''-- ::^WiMechanics' Store.

" T \u25a0\u25a0\u25a0-...' -\u25a0 .-'-'•\u25a0 < --. ;.- --T -f-'y'-i - :̂:>' ' -

'-\u25a0 "1 "\u25a0 .: .. --T- \u25a0 . \u25a0.., 1..:..... . --"" .-'-tf..-.',-----!.:-,,';;.•;.V- :i-' .-':*jaleSß»Ja.

WANTED, LOST ANP FOUND.AdvertlsemenU of five lines Inthis department are

Inserted for 25 cents forone time;three times for 50cents or75 cents per week. .

\u0084

NYONE INNEED OF A GOOD, RELIABLEBook-keeper for one hour or two each day,

may be accommodated by calling at HENRYFUCHS'Purchasing and Genera! Business Agency, So. 529 Xstreet. Sacramento, Cal. . \u25a0 f2l-lw

WANTED—A FITUATION BY A GOOD,steady Bookbinder. | Apply to jHENRY

FCCHS* Purchasing and General Business Agency,No. 529 X street, Sacramento, Cal. '21-lw

WANTED— HOUSTON'S EMPLOYMENTOffice, Fourth street, one door south of K.

ALL KINDS OF HELP, Male and Female.Particular attention paid to supplying familiesand hotels witn help, FREE OF CHARGE. "13-lin

TO; LET OR FOB SALE~"Advertisements of five lines In this department ore

inserted for25 cents for one time; three times for 59cents or 75 cents per week. .-.,'-\u25a0'*\u25a0.

FOR SALE OR TO RENT ON SHARES, 200acres of good land on the Greenback road, near

Antelope, Sacramento county. It has never beencultivated. Apply at MRS. COYLE'd, near Ante-lope Station. fii-St- ,I

STOCK FARM FOR SALE-MS ACRES BOAtitle perfect. Part good Grain Land, partW

good for Vines and Fruit, in warns belt of Foot-""*-

-hills. Plenty of Water and Timber, and adjoiningland can be had from Railroad Company, orby pre-emption. Good buildings. Only, SI,» •Cash;balance, 91,0 O. on time, to suit buyer. AddressCARL STROBEL, Commission Agent, No. 321 Jstreet, Sacramento. , . f2l-tf

FOR RENT OR SALE—THE WELL-KNOWNStore and Saloon at Live Oak, on the Plymouth

Road, twenty-five miles east of Sacramento. Termseasy. For full particulars, Inquire of the owner atLive Oak, CONRAD BERGHAUSER. flB-lp2w*

FOR SALE—ATABARGAIN.TWO VALUABLEPatents. Three Thousand Dollars can be

realized from them each year on this coast alone.Address

"Patentee," Rscosd-Uxiom effice. f17-tf

Of AAA TO $1,500—

A NORTHERNOJL•""*!/ county Newspaper for sale cheap,at a bargain. Good location. Good reasons forselling. Address "

'. Z. X,"this office. 'al7tf

PUNISHED ROOMS TO LET—

PLEASANT,quiet, home-like rooms, neatly furnished. To

tby the Day, Week or Month, at prices thatcannot fail to uive satisfaction. Northwest cornerThird and J. Entrances on J street, and onThird,between J and 1streets. MRS. TEN" EYCK. jalO-tf~

FOR SALE,

STOCK, TOOLS AND FIXTURES OF A fd t̂S'ove and Tin Shop, situated in one of jf"gjthe b st mining towns ill the state. Doing *BH9iigood businers. Anold stand. Established n

-for the last sixteen years. Also, Fire-proof BRICKSTORE. . Will be sold or rented. Allwillbe soldCheap for Cash. Applyto C. B. BROWN, Placer-.. ill,-, iV.!. .. . • - -. fIS-lplin*

RANCH FOR SALE,AT A BARGAIN.

THE WELL-KNOWN SAULSBURYg?***,RANCH, containing about 3.*>o Acres, W

being of the beat Grain Land ever offered for ' » \u25a0

sale in this county. Produces from 25 to35 bushelsof Wheat, and Mlto 50 bushels of Barley to the Acre.Soil of sanity loam formation, and from <i to 10 feetdeep. Failure of crop has never occurred upon theplace. Has a • *

Good l"«clll:is and Ont-Imlldlngs.Railroad Station, with Side Track, and Scales,Plows, Harrows, Carpenter and Blacksmith Tools ;splendid well of water, with horse-power and largetank. ALSO—

A large let ofFarming Implements

Will be sold, if desired. Railroad Train, pass atStation four times each day. Place is welllimbered.Sitcatti on line OS Sacramento Valley Railroad, 15miles fiom Sacramento, at Saulsbury Station.

IS" Tl«r laatl rents for I"":"O.Kb per ncrr,

autlIs offereu at low price of $1? per acre..Apply to

"SWEETSER k ALSIP, .

Real lactate and Insurance Agent's, .'" \u25a0. 1015 Fourthstreet, between J and K.Sacramento.

-fIS-tf1

FOR sale,~

»>/_ ACRES LAND— ACHES COoD>ti!vt>\J AlfalfaLand. New House, good Or- rejjjfchard, desirable location and near .it In-iHaLquite SPINKS, DAVIS & ACOCK,No. 402 J street,

\u25a0 -.-

\u25a0 Int-tw' . . \u25a0:

-.-

DURHAM CATTLE FOR SALE.

1/, HEAD OF THOROreiinilEl) .-"jac-"******.[_\f Durham BULLS, from one to *;Iftwo years old. and 10 Head of either Yf""*H.COWS or HEIFERS. Will be sold at 111 iit.private sale at WICK'S RANCH, Butte county.

ja3o-2ra Address M.WICK, Oroville, Cal.

WATCHES, CLOCKS, JEWELRY"

J. UV3IAX, JR.,

WA"BCHMAKERANDJEWELER, NO. -p \u25a0

\\ 130 J street, between Fifthand Sixth. V*""»"-i.Just received, a very finelot of Watches and jf-J^HJewelry, which willbe sold at a very low&Sj.-*Bprice.

'. Watches and Jewelry ca cfully repaired.

[jaT-lpluil'.

vTiixiAN ». *:::li.--(Late withFlobexg), "..'

VTO. 100 J STREET, NEAR SEVENTH,J^ Watchmaker and Jeweler.: Importer s*f**Sand Dealer in Watches, Si.verware. Jewelry, ji-a"'Jjetc. Repairing a sjwcialtv, under ftebertV|a***BMarsh. All country orders promptly attended to.

\u25a0\u25a0\u25a0\u25a0.- i\u25a0\u25a0\u25a0\u25a0 ld2ll-lplf|. \u25a0--

- *a

JOHN COKE.ID. ;

DEALER IN WATCHES, CLOCKS, -,JEWELRY, Etc., 113 J street (op- fcffK

posite Kirk & Cs.'s). All Watches and ft-a"*,"gClicks sold in mv astsHllllillieet warranted. ft-".^eRepairing Clocks and Watches myspecialty. ua-lptf

jr. ifnitrxc.:(Late with Wachhorst, and successor to Fioberg )

WATCHMAKER AND JEWELER,>> No.CO J street, between Second and JofsTJ,Third. Dealer in Watches, Clocks, Sliver- £~l A

ware. Jewelry, etc. Rewiring in :.I its v.t^Jfibranches a specialty, under MR. FLOBEKO.

-\u25a0: [010-lplm]

XV. *««»«».

DENTIST (LATE WITH 11. IT I'IER-a*********.son), successor to T. B. Reid, No.317 JiJJIFUy

street, between Third and Fourth. Artificial Teethinserted an ail bases. . Improved Liquid NitrousOxide Gas, for the Painless Extraction of Teeth.

It"i4-H] \u25a0\u25a0-

' - \u25a0'-

B. B. BSEWER,

T-VENTIST, SOUTIIWEST CORNER OF a*-********'

JL Seventh streets.CORNER

new«*{**»**

Seventh and J streets, in Bryte's new c****frTi?building, up suits. Teeth extracted without painby the use of Improved Liquid Nitrous Oxide Gas.

'\u25a0-

,\u25a0\u25a0\u25a0:\u25a0-\u25a0 :-.^ (dlfi-lplml v -'\u25a0-

«Jfll-" \u25a0\u25a0\u25a0--•-

a. 11. riERSox.TTVENTIST^ 41". J STREET, RE TWEEN fgamIIFourth and Fit'li. Sacramento. Arti-"!^^Tjs

facialTeeth imericd on Gold, Vulcanite and allbases.Nitrous Oxide orLaughing Gas administered for thepainless extraction ofTeeth. -;- AH lm£

STAR MILLS ANDMALTHOUSE.

XEIBOI'RG A i_*.<;r.»,

'"%-^O3 50,52 AND M FIFTH ST.. SACRAMENTO:i\ dealers in Produce and Brewers' Supplies.

Manufacturers of Malt an all kinds of Meals, ft-.,

OrtSffi*™**Cracked VVbelt'G^*f,"0?r'Jjuckwheat Ilour, etc ', <U7 IP41 P4 _