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GOVERNOR IRWIN. The gentleman is out of order. [Cries of "Call the roll."]

Rhodes,

Turner,

Rolfe,

Schell,

Schomp,

Shafter, Shoemaker,

Townsend,
Tully,

Van Dyke,

Van Voorhies,

Walker, of Tuolumne,

Waters,

Webster,

Weller, West,

MR. BARBOUR. Mr. President: I would like to have some gentleman point out wherein I am out of order.

GOVERNOR IRWIN. The Convention has decided to proceed to vote for a President of the Convention, and the gentleman will take his seat. MR. BARBOUR. Mr. President: I call for the reading of the resolution.

GOVERNOR IRWIN. The gentleman will please take his seat. MR. BARBOUR. Mr. President: I wish to appeal from the decision of the chair, upon the ground that I have offered a resolution in reference to this very subject-matter, requiring the candidates to come forward and define their position upon the true and only questions before this Convention, and I insist upon it before a single vote is cast. [Calls of order.] I deny your right to silence me, sir. I want to know your authority. I am elected here by the sovereign people of the State of California, and you are not. [Applause, loud and uproarious.] GOVERNOR IRWIN. The gentleman will come to order. MR. BARBOUR. Mr. President: I hold my seat on this floor by better authority than you do yours, and I want to know where your rules of order are. I hold my seat on this floor by virtue of the sovereign will of the people of the State of California, and I know no rule of order. [Applause.] I want to know where your officers are to enforce those rules. I hold that you have no rules; there have never been any adopted.

GOVERNOR IRWIN. The gentleman is out of order.
MR. BARBOUR. I am in order.
GOVERNOR IRWIN. The gentleman is out of order, and must take his

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GOVERNOR IRWIN. The gentlemen will take their seats; I desire the Convention to

MR. BARBOUR. Mr. President: I call for the ayes and noes on the appeal.

MR. BEERSTECHER. I also call for the ayes and noes. MR. O'SULLIVAN. I second the call for the ayes and noes. GOVERNOR IRWIN. The ayes and noes have been called for by the gentleman from San Francisco, Mr. O'Sullivan, the gentleman from San Francisco, Mr. Beerstecher, and the gentleman from San Francisco, Mr. Barbour. I wish to make a remark to the Convention. It is necessary to preserve order in order to proceed with business, and there must be no applause. It is not the proper thing to either express approbation or disapproval by persons in the lobby, nor is it, strictly speaking, by members of the Convention. Gentlemen who are members of the Convention shall have their rights respected. I desire now, before this vote is taken, to state the position of the question. The gentleman from Santa Clara, Mr. Tully, moved that the Convention now proceed to vote for a President of the Convention. That question was put. The gentleman from San Francisco, Mr. Barbour, sent up some resolutions to be read. The Chair ruled that the resolutions at this time were out of order, and from that ruling the gentleman from San Francisco, Mr. Barbour, takes an appeal. The question now is: Shall the decision of the Chair stand as the decision of the Convention?

MR. WATERS. Mr. President: I ask that the resolutions be read for information. I would like to know what we are voting on. MR. O'DONNELL. Mr. President: I second that motion. GOVERNOR IRWIN. The question is properly upon

MR. INMAN. Mr. President: The gentleman is out of order. The question is now whether the decision of the Chair shall stand as the decision of the Convention.

GOVERNOR IRWIN. The decision of the Chair is based on this: After the Convention had decided to proceed to vote these resolutions are introduced, and the decision is that they could not be read at that stage of the proceedings, after the Convention had determined to proceed with the ballot. After getting through with the ballot if the gentleman chooses to call up the resolutions they will then be in order. [Cries of "Call the roll."]

The Secretary proceeded to call the roll, with the following result:

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McComas,
McConnell,
McFarland,
McNutt,
Miller,
Mills,
Moreland,
Murphy,
Nason,
Noel,
Ohleyer,
Overton,

Barbour, Barton, Beerstecher,

Bell, Condon, Cross, Dowling, Doyle, Farrell,

Finney, Freeman, Freud, Gorman, Grace, Harrison,

Shurtleff,

Smith, of Santa Clara,
Smith, of 4th District,
Steele,
Stevenson,

Wilson, of Tehama, Wilson, of San Francisco, Winans-99.

O'Donnell,

Sweasey,

Swenson,

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O'Sullivan, Ringold,

Hunter,

Smith, of San Francisco,

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Kleine,

Larkin,

Lavigne,

Tuttle,

Lindow,

McCoy,

Moffat,

Morse,

Nelson,

Neunaber,

GOVERNOR IRWIN. Ayes, 99; noes, 45. stands as the decision of the Convention.

ORGANIZATION.

Vacquerel,

Walker, of Marin,

Wellin,

Wickes, White, Wyatt-45.

The decision of the Chair

MR. LAINE. Mr. President: I desire to ask the Chair whether it is now in order to make any nominations or whether there is anything in order, except to proceed to vote?

GOVERNOR IRWIN. Nothing is in order but to proceed to vote. MR. LAINE. Then, Mr. President, it seems to me that we should proceed decently and in order. We are occupying no ordinary position here. It is not an ordinary Convention, but it is a Convention called by the sovereign will of the people of the State of California, and the eyes of the whole State are upon us here. We should allow no haste or anything to control us in this matter. We should remember that upon the floor of this Convention we are all children of the State of California-called together by her behest-not to represent any branch of her family or any particular interest or ism. But the sovereign State has determined in her wisdom to reconstruct, so to speak, the political fabric in which we have been dwelling for over a quarter of a century. And in order that this matter may proceed decently, in order, it would be highly proper that we have regular nominations in this Convention, that all may be advised how to vote and for whom they desire to vote. Many of us are strangers to each other; all from distant parts of a State that has a very large territory. In order that this matter may get properly before the House, in my judgment it would be proper that we have nominations. But we seem to have arrived at a position where we can only proceed to a vote. I think that perhaps the House did not vote understandingly upon this question. I did not vote at all, because when the question was voted on I believed that it would place us in some confusion, and I did not desire to spring up and make any noise in the Convention, or to say anything. I am satisfied that the House did not vote understandingly, and in order that we may do so, I now move to reconsider the vote by which we determined to proceed to an immediate vote. GOVERNOR IRWIN. I understood the gentleman to say that he did not vote. If any gentleman who voted in the affirmative on that proposition will move to reconsider it will be in order. MR. LAINE. I believe the rule is different in the case of a viva voce vote.

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MR. MCCALLIUM. I second the motion to reconsider. MR. ESTEE. It strikes me that no member will object to knowing who the nominees before this Convention are to be.

GOVERNOR IRWIN. The question is on the motion to reconsider the vote by which the Convention decided to proceed to a vote.

MR. MURPHY. I move that the order of business be temporarily suspended in order to give gentlemen a chance to put candidates in nomination.

GOVERNOR IRWIN. If there be no objection to that suggestion it will be done. If there is any objection, however, we can only proceed to a

vote.

MR. BEERSTECHER. I object to it. I desire to have the motion reconsidered.

MR. WEST. Mr. President: The law clearly defines the whole procedure in the organization of this House, and I believe, sir, in the interest of order, it is best to follow the letter of the law as nearly as possible. It provides that we shall vote viva voce. The provision requiring the vote to be taken viva voce supposes that each member in this Convention shall nominate his own candidate. A nomination would be entirely superfluous. It is not established by any precedent of parliamentary usage whatever, and would only occupy time. Each gentleman of the Convention is sovereign in regard to the individual

for whom he may vote and to make his own choice. I hope the motion to reconsider will not prevail.

MR. HILBORN. Mr. President: I hope we shall not reconsider this vote. It is true, as has been stated by the gentleman from Santa Clara, Mr. Laine, that we come here as the children of the State to revise our Constitution. Let us not then adopt any of the ways of the politician; let us go at it and take a vote without any nominations at all. Let the vote of each member be his individual preference for President. I shall vote for some gentleman as presiding officer, not because he is the nominee of any particular party or clique, but I shall vote for him because I believe he is the best man to preside over us in this Convention. I believe that this is not the place to make nominations, and that we should go on and vote, and vote for the best

man.

speech written I would suggest that he send his manuscript up to the
Secretary and have it read. It is certainly not to the question.
GOVERNOR IRWIN. The Chair cannot undertake to prescribe just
what latitude a member may take. He may intend to bear upon the
question. [Laughter.] It is left to the judgment of each individual.
I rule that the point of order is not well taken, and the gentleman will
proceed with his remarks.

MR. O'DONNELL. If it be conceded that the Workingmen's party represents the popular sentiment, and that it is numerically in the majority, then it will be well for this Convention to respect it. And we ask all delegates who sympathize with the mass in striking a blow for liberty and justice to unite with us in sustaining the measures which we propose to incorporate into the new Constitution. We demand a popular government-not in theory, but in practice. We demand that the MR. BEERSTECHER. Mr. President: My position is that the vote mudsill of society shall be respected as much as the pillars of the edifice ought to be reconsidered. And when the gentleman who has just pre-which the mudsill supports. I ask that the party we have the honor to ceded me stated that he objected to the reconsideration of this vote, and represent, though nominally in a minority on this floor, be allowed to that we ought not to adopt the ways of the politician-which are the divide with the majority the honors in organizing this Convention. Let exact words that he used-I clearly and emphatically say that that is us consider, sir, that the eyes of the country are upon us; let us conjust the reason why I desire to have this vote reconsidered. If we go sider that this Convention is the initial movement of the great Presiinto nominations we know who the men are, and we can vote intelli-dential campaign of 1880. Every word uttered on this floor will be gently. If we vote in the dark, we vote a cut and dried ticket, made re-echoed andand manufactured by the political tricksters and wire-pullers who have seats in this Convention. And therefore, Mr. President

MR. ESTEE. Mr. President: I beg to call the gentleman to order. My point of order is, that he says that political tricksters and wirepullers have seats in this Convention. No gentleman in any deliberative body has a right to use any such language.

MR. HILBORN. Mr. President: I desire also to enter my protest. Everything that has been done here, except by the particular party with which the gentleman is associated, has been done openly and aboveboard. GOVERNOR IRWIN. The gentleman will take his seat. The gentleman from San Francisco, Mr. Beerstecher, will keep himself within the bounds of parliamentary usage so far as language is concerned. MR. BEERSTECHER. Mr. President: I did not intend to bring that remark of mine to bear upon any individual at all. I made it as a general remark, and I am sorry that the coat fits some persons. As I said before, I am in favor of having the vote reconsidered and the nominations brought to the attention of this Convention.

MR. BIGGS. Mr. President: I rise to a point of order. There never has been a vote taken upon the question. The question was to sustain the decision of the Chair.

GOVERNOR IRWIN. The gentleman's point of order is not well taken. The vote was taken, and a motion has been made and seconded to reconsider the vote, and upon that question the gentleman is speaking. The gentleman will proceed with his remarks.

MR. REYNOLDS. If the gentleman will allow me a suggestion, I would move that the further reading of his speech be dispensed with, and that fifty copies be printed. [Cries of "Second the motion."] GOVERNOR IRWIN. The gentleman will proceed with his remarks. MR. O'DONNELL. I do not wish to detain this Convention one moment, but I want a fair deal. That is all I ask. I say that every word uttered on this floor will be re-echoed and reproduced in the distant East, and from this body the revolutionary party will take its cue. Our battle hymn will be their battle cry. And if we intend to lead in the revolution we must engrave upon our flag thoughts that breathe and words that burn, and they will find an echo in the hearts of the people. Mr. President, all I ask is a fair deal in this Convention. We want to make our nominations, and put these candidates upon that platform, and know exactly how they stand before the people. We bring a candidate before the people on popular principles on antimonopoly; and I understand that the Non-Partisans will put up one that is a monopoly man. And for that reason I want these candidates to get upon the floor, so that we may see precisely how they stand. We have got to make our record right here.

MR. ESTEE. I want to call the gentleman's attention to the fact that when the question was first raised the Non-Partisan element were in favor of making nominations. I suggested myself to the Chair that undoubtedly no gentleman would object to placing candidates in nomination for the Presidency. Instead of that the gentleman from San Francisco, Mr. Beerstecher, objected, and for that reason the gentlemen have made speeches and attempted to show that there was opposition to on the part of the Non-Partisans, when there was none. The NonPartisans do not object to that measure. We are anxious and more than anxious that the fullest investigation should be made as to every man's character who shall be brought forward on this occasion. They have nothing to conceal or hide. We are not here to make speeches, but to work. And now, if the gentlemen desire to put their names before the Convention, in God's name let them do it. There can be no objection, and I am sure none will be made.

MR. BEERSTECHER. For my part, I cannot see what the objection would be. I do not see that any gentleman can urge any tangible objec-it tion to our knowing exactly who are advanced here for the Presidency of this Convention. I hope that the motion will be sustained and that the persons may be publicly nominated here, and that we may know exactly what we are voting for on the very first ballot, and that we may clearly and distinctly know the different aspirants. I am free to say that I do not know the different aspirants, and I should like to vote intelligently. I desire to have the candidates brought up here publicly, that I may vote in daylight and not in darkness.

MR. WICKES. Mr. President: I believe that the decision of this matter is of great importance. The President of this Convention holds an office of great importance, in the appointment of committees, and we should know the status of those who aspire to that position. The eyes of the people of California are upon us, and if there is any attempt to gag the minority of this Convention, the people will know it. MR. O'DONNELL. Mr. President and fellow delegates: This Convention constitutes an important event in the history of the world. The circumstances which brought it into existence are well known to the world. The people were suffering great social and political wrongs. There was sloth in the mart and schism in the temple; corruption in office and out of it. Murmurs of discontent arose among the people. In Pennsylvania and other Eastern States these murmurs ripened into deeds

MR. INMAN. Mr. President: I rise to a point of order. The tleman is not talking to the question at all.

MR. O'DONNELL. I am.

GOVERNOR IRWIN. I do not think the gentleman's point of order is well taken. The gentleman from San Francisco will proceed with his remarks.

MR. HERRINGTON. Mr. President: It occurs to me that if the gentleman's advice is followed, who has just taken his seat, that the parliamentary tactics he has endeavored to enforce would be simply carried out. Instead, therefore, of arriving at the opinions and views of the candidates presented before the Convention, it would be simply held by the Chair that this Convention has no particular business but to proceed with the ballot, and the very object and purpose of such reconsideration would be cut off. Now, if it is possible to get at the views and opinions of these candidates in reference to measures which are to be introduced in this Convention and embodied in the Constitution-if that idea can be reached as easily by the suggestion of the gentleman from San Francisco, Mr. Estee, as by a reconsideration-I can see no possible objection to it. But if the parliamentary tactics which are sought to be engrafted on this motion to defeat a reconsideration are carried out, the precise order of business which the Chair has held to be in order will be re-ingen-augurated, and the Chair will decide that nothing is in order but to proceed with the vote, and we shall hear nothing more from the candidates on this floor; and we would not understand a single solitary measure that he would endeavor to enforce, and it would be said to us, "It is not to be presumed that any gentleman occupying the high position of Chairman of this Convention would do anything wrong; it is not to be presumed that he would treat any portion of the Convention unfairly, or that he would be biased in making up the committees," and I know it would be high presumption in me to say that any distinguished gentleman occupying the position of President of this body would descend to favor the majority and oppress the minority. That is the way that business is usually conducted. It is always so exceedingly on the square that no man can object. When a distinguished gentleman occupies the high position of President he can do nothing wrong; he cannot stoop to appoint committees that would do anything unfair. But unfortunately it so happens that in carrying out their views they generally appoint their particular friends on committees, and by that means strangle the very best measures that are put forward in the Convention. Now, it is simply a fair deal that we want. We do not ask for anything more. We want to understand what the gentlemen's views are who are put forward for President of the Convention. When we have their views we will understand distinctly what we are to expect when they occupy that chair. There are many distinguished men in this Convention who are more or less warped by party prejudices. They are all more or less affected by it. They are all more or less striped in that

MR. O'DONNELL. I was about to say that two years ago the people, without leaders and without organization, arose and wreaked vengeance upon the overshadowing monopolies which they truly regarded as the authors of their calamities. It is therefore certain that this sentiment of popular distrust and discontent is not local nor peculiar to California. It is widespread and pervades the entire nation. Mr. President, you and I will be able to see the party of the people take the reins of power. I assert that they are at this moment in a vast majority, not only in this State, but in all the States of the Union. The circumstance that their delegates are nominally in a minority in this Convention is due solely to a want of organization in the counties remote from the metropolis. In many counties the Workingmen had no tickets printed for the voters, and they were perforce compelled to select from the candidates on the opposition tickets in the field. San Francisco is true to the core-true to the principle of popular liberty. She is the great center from which our organization takes its impulse, and its grand forward movement in this political revolution.

MR. INMAN. I rise to a point of order, that the gentleman is not talking to the question before the house. As the gentleman has his

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regard, and I don't pretend that I am wholly devoid of party prejudice, again, that the line here is not between the Workingmen, the Demoand I admit that if I should happen to occupy a position of that kind-crats, the Republicans, the Non-Partisans, or what not, but monopoly on and God forbid that I ever should aspire to it-I admit that I have some the one hand and anti-monopoly upon the other. When I took my seat party feeling, as far as my own party measures are concerned, that in this Convention, when I became qualified as a member of the Conwould affect the Constitution. I would like to see my friends upon the vention, the mantle of party falls from me, sir, and I undertake to repcommittees, and I believe the gentleman from San Francisco would resent the people of the State of California and my constituency of the likewise. That is the only question. We simply want to know what City of San Francisco. Thirty-three thousand voters of this State have these candidates think; what their views are; what their feelings are; expressed by distinct and positive and written propositions what they what they intend to do as to measures that shall be sought to be engrafted want us to do here. Now, sir, on behalf of the people, on behalf of on the Constitution. If they will voluntarily get up and state clearly those electors, I demand that this Convention be organized in the interwhat their views are-if they will do this, I will consent that the motion est of what I understand to be the wishes of a majority of the people of shall be reconsidered. Otherwise, I want to know, before I vote, the the State of California; which are, that the power of corporations shall be changes they propose to make in the old instrument, or what ideas they restrained; which are, that monopolies shall be broken up; which are, have in reference to the revision of it. that the Chinese nuisance shall be abated; which are, that political corcon-ruption shall be expelled from our public places. These, sir, are the great propositions which we are to embody, or which ought to be embodied, in the new Constitution. All the others are secondary. These are the main propositions. They tell you that the Workingmen's party is revolutionary; they tell you that it entertains wild and Communistic poses to level and to disorganize. But I assure you, sir, it is untrue. It is that system of misrepresentation whereby the public mind has been poisoned with regard to the spirit and purposes of this people. They are men, sir, in rebellion I admit, but as righteous a rebellion as ever was sanctified by the blood and tears of a suffering people. They are rebels, I admit it; but they have rebelled, sir, against the oppressions of those very the Chinese curse, and political corruption. It is a rebellion that we are engaged in, and that rebellion will go on until it is triumphant, and then it may become revolution. If we are revolutionary that way I am willing to concede it; no further. Now, Mr. Chairman, I don't propose to trespass upon the time of this Convention, but I will say this to the gentlemen here: I have no desire and no design to go one quarter of an inch outside the Constitution of my country. I entertain no un-American ideas; I have no desire to root out the foundations of society or throw down the social structure, or to impair any of the well known interests of our country. What I want to do, sir, is to restrict and reconstruct the fabric which has been eaten into, and whose usefulness has been impaired by reason of the causes I have stated. That, sir, is our purpose, and that is all our purpose. -In order, now, that justice may be done, in order that the truth and the light may be let in upon this whole proceeding, and, as one gentleman stated, the eyes of the State are upon us, which I admit, let us act in view of that fact, concealing nothing, suppressing nothing, voting openly and fairly after full consideration and reflection. Then the people will be satisfied, otherwise not. If gentlemen are prepared here with a cut and dried programme, to rush it through whether or no, it will be done, and the victim, I suppose, may be prepared for the sacrifice; but, sir, it shall not be done without my protest, which shall go upon the record along with the act. But I hope better things, and when I state objections, or any gentleman states objections, to any Con-candidate here to-day, or when I propose a question, I hope no gentleman will raise a single objection to that question being answered and to that gentleman being satisfied. He shall be as to my candidate or I will withdraw him. That is all I ask upon that. And in conclusion, sir, I have the honor to place in nomination a gentleman who concurs with the views I have just stated; one who is distinguished, competent, experienced, and who fills the bill, as I claim he will fill the bill completely, and that man is Henry Larkin, of El Dorado. [Applause.]

MR. RINGGOLD made some remarks, but owing to the noise and fusion, it was utterly impossible to hear them at the reporter's desk. MR. BEERSTECHER. Mr. President: I move the previous question. MR. MCCALLUM. Mr. President: I have no doubt, sir, that a large majority of this Convention, by whomsoever they may have been elected, desire to arrive at a speedy result upon the pending question.ideas; that it proposes to break the foundations of society; that it proI respectfully submit that there are only two ways to get out of it, in view of the objection raised by the gentleman from San Francisco, Mr. Beerstecher, to have the candidates come forward and express their views, and have them nominated. I submit, with all deference, that the difficulty arises on the misconstruction of the motion adopted. In all cases, when a Convention resolves to proceed to elect, in legislative bodies as well as elsewhere, it is parliamentary usage to make nomina-things that we are here to restrain; this corrupt greed, these monopolies, tions. It is true that the general resolutions read: "That we now proceed to vote." If the author had left out the word "now," it would mean the same-that we proceed to vote. But the rule has been in all bodies of this kind to proceed and nominate, without objection from anybody. But as the Chair has ruled the other way, unless the Chair sees proper, with the unanimous consent of the Convention, or with a majority consent, to change that unusual construction, the only way out of the difficulty is to reconsider, in which case we must also vote down the original resolution, and then proceed to put some final resolution which will express what is evidently the desire of the other members on this one point; that gentlemen may be nominated in the usual manner, and that they be presented and allowed to speak to the Convention before being voted for.

The motion to reconsider was put and carried. GOVERNOR IRWIN. The question is now upon the adoption of the original resolution. If there is no objection the candidates will now be placed in nomination. The Chair hears no objections.

NOMINATIONS.

MR. JOHNSON. Mr. President: I nominate for President of this Convention W. J. Tinnin, of Trinity County. MR. BROWN. I do not think it necessary to speak in extraordinary high terms of any gentleman I may nominate before this Convention, or to say that he is superior to any other man, or to say that this vention cannot succeed without his services as Chairman of it; nothing of that kind. But I would present before the Convention a gentleman that I consider, in parliamentary tact and good judgment, at least the equal of any man that may be named in this illustrious body. I there fore present the name of Volney E. Howard, of Los Angeles. MR. BARBOUR. Mr. Chairman: I have the honor to place in nomination for the position of President of this Convention a gentleman long a resident of this State, having occupied official position by MR. BEERSTECHER. Mr. Chairman: I rise to second the nominathe choice of the people; a farmer connected with the agricultural tion of Mr. Larkin; and in seconding the nomination of Mr. Larkin, as industries of the country, whose record we submit in detail and as a one of the delegates from San Francisco, I desire to say that I recognize whole to the consideration and the most careful scrutiny of this Conven- | Mr. Larkin as being the exponent of those principles that we came here tion. We challenge the fullest, fairest investigation into each and every to represent. We have been basely and grossly misrepresented. We of his actions, and into his opinions. We ask the same right as to all are not agrarians, and we are not barn burners, and we are not disorganthe other candidates. The issues, I may say, the issue, that is dependingizers, and we are not levelers, but we came here for the single and soliupon this event, sir, has been perverted, and is being industriously per-tary purpose of reconstructing the laws of this State, and to give the verted all over this State. It is not the issue, now at least, between the people of this State a better organic law than they possess to-day. If so-called Workingmen, Republicans, Democrats, Independents, or Non-the people of this State were satisfied with the organic law that they Partisans, but the line of demarcation is now drawn, and we draw it have, they certainly would not have voted to have another one substituted between monopoly on the one hand and anti-monopoly upon the other. in its place. But it is because the people are not satisfied that this ConWe mean it, sir, in its broadest sense. When I say "monopoly," I mean vention has been called, and the delegates from San Francisco, who any and all of those means whereby one man, or one combination of recognize Mr. Larkin, the gentleman just nominated, as the exponent of men, protected and governed by laws, or by the constructions that are their position in this Convention, came here for the purpose of giving to placed upon laws, appropriate to themselves and hold as against the bal- the people of the State of California an organic law that will be an improveance of mankind that common stock given by the Creator for the preser-ment upon the present one. We have not come here to create dissenvation of their lives, their comfort, and the support of those that are tion; we have not come here for the purpose of jumping upon the floor dependent upon them. By "monopoly," in its broadest sense, we mean at every motion, and to occupy the time of this Convention, and I hope every and any form of special legislation. By "monopoly," we mean I may be excused if, in the preliminary organization of this Convention, the denial in any form, and in every form, to the people, in their sover- I have risen more frequently than some gentlemen have thought neceseign capacity, of the entire and absolute control of each and every of sary. But I hope that hereafter such will not be the case. Yet, the their creations. By "monopoly" we mean that system whereby, in the matter of electing a President of this Convention is an important matter State of California especially, a wall is being raised up higher and higher in every sense. The President of this Convention will be the figurebetween the different classes of the community; on the one side luxury, head of the Convention, and we desire to stamp this Convention as the magnificence, and wealth, governing and controlling legislation, warping Convention of the people, and not as the Convention of monopoly. We the judgments of Courts, corrupting conventions and undermining the desire, and we came here for the purpose of restricting monopoly, but very foundations of society, and thus carrying devastation to the fair not for the purpose of disorganizing. We can see that corporations have fields of labor, prostrating all the industries of the country, creating rights, and we are willing to give them rights, but we also desire to have paupers where there never should be paupers, and creating destitution the rights of the people recognized. We came here for the purpose of and misery where there never should be destitution and misery. We joining with members from all portions of the country, from all parts of present a candidate who is devoted to the rights of labor, who respects the State of California, for the purpose of making a crusade against the the rights of capital, and against whom no taint or suspicion can justly aspirations of railroad companies and land monopolies, gas and water be maintained at all. We present a candidate who, like Cæsar's wife, is monopolies, and the lottery called stock gambling. We came here for above suspicion. There is his record, sir, made in the legislative halls. the purpose of making a crusade against the Chinese, and for the purScrutinize every vote; scrutinize every declaration; scrutinize every act. pose of reforming the taxation system, and the interest system, but we do We invite it; we invite it fully, and we ask gentlemen upon the oppo- not come here for the purpose of taking away any property that any man site side if they are willing to do us equal justice. We say, I repeat it has honestly acquired. We do not come here for the purpose of confis

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cating the property of any man, but we come here for the purpose of the people of the State of California, not of any ism, not of any party, of stopping the legalized system of confiscation, namely: by exor- not of any creed, but represent the people of the State in their organized bitant rates of interest, by which men's property is being confis- capacity, embracing every man, woman and child, and interest, within cated every day. We come here for the purpose of organizing a the State. I should not feel it to be entirely manly-and it would be a right system of taxation; we come here offering to the country mem-species of egotism on my part-to undertake to drill and instruct them bers to join them in their fight against their oppressors. We recognize here. They are answerable to the whole people of this State for whatthat the Granger element in this State has exactly the same fight to ever course of conduct they may take while in this august body. And I make that the honest artisan and mechanic in the City of San Fran- assume further, that all the men who are here, whether they be young cisco is making. And, gentlemen, I wish to make a prophecy before men in the vigor of life, with all those promptings of ambition that are this Convention, and that is this: Before ten days have gone by, just enough to make them firmly believe that their conceptions are the the sheep and the goats will be divided in this Convention, and you brightest, the purest, and the noblest of all, for that is the fault of young will see that the Workingmen's party, as represented here from San men, and I can hardly say that it is a fault, because, without the spring Francisco, will belong among the sheep, and not among the goats; of ambition and some inspiration even of egotism they will not accomyou will see that the Workingmen's party are honestly opposed to plish much-but, while tolerating that, I have been taught to reverence these oppressions and burdens that now rest upon the people, and you the wisdom that age brings; I have learned, from the very earliest will see these very men who came here with fair promises and fair periods of my life, that it is only age and experience that brings cultipledges, will be pitted against the interests of the people, as they always vated wisdom. It was said, in olden times, of that great commonwealth: have been pitted against the interests of the people. Now, gentlemen, Young men for war, and old men for council." We should have a a man's record, ought to have something to do with the vote you are President of this Convention, allow me to say, in my judgment, whose casting here to day, and perhaps to-morrow. There are gentlemen who age and experience we should reverence, and whose learning and ability will be offered, who have had it in their power for the last thirty years should challenge our admiration, because I have seen, in the short exhito make this the most prosperous State in the Union. There are gentle-bition that we have had here, that there will be storms and whirlwinds men who will be offered here for your indorsement or your rejection, in this Convention; that there are many here who imagine that they who have had it in their power to prevent the oppression of the monopare crusaders, with lance in rest, against the crescent, or something else. oly and the misuse of corporation powers, but they have not done it. I have no doubt that in these feelings they are as honest as I am. They have not lifted their fingers against anything of that kind. The not desire to impugn anybody's motives. It is not the language of parhard times that are upon us, and the oppression of the people, could liamentary debate or discussion, nor is it the feeling of a heart prompted been arrested by these men, and they have not been willing to arrest only for the public good; and in these matters I beg you, now, gentlethem. We offer Mr. Larkin's record as the exponent against oppression men, to create no parties and no factions. I care not from what country and against monopolies in all its forms. We challenge any gentlemana man may come, what constituency sent him here. Put it in good old to come up here and say aught against Mr. Larkin's public life. And in English; let me know your proposition, and then, if it be wrong, I will conclusion, let me say that the record that will be made by this Con-be able to reason with him and point out to him the errors of it, or he vention is a record for life and for political death to every member here. me. But we are not to judge of a man or measures until we have heard We may put a Constitution in the field that the people will reject, and them fairly discussed; and it is a wrong conviction, in my judgment, to if they do reject the definitions or provisions contained in that new imagine that we represent any particular ism or constituency. I come Constitution they will be repudiated and rejected by the people. The from the good old County of Santa Clara. My election there was unsopeople have reasoned, and they have said there must be a revision of licited. I am not sent here to work for the County of Santa Clara, but, the laws of this State, and the same people who have called this Con- to the best of my ability, to watch over the interests of the entire State. vention here will repudiate the men who stand upon this floor in favor They will not be satisfied with any speeches of mine; they will point to of monopolies and corporations, and oppressions generally. Gentlemen, my works, and will say, Where is the work of your hands? Show me I call your attention to the fact that it is important that we place a figure-what you have created." The candidate that I shall propose in this head here, right upon the first day, whom the people can indorse. If we Convention, I shall wait until his labors are performed, and then point do not do this, if we oppose the will of the people, we are opposed to to those labors. Without further prolonging what I have to say---because the current of a Niagara, and it is sure to swamp us in the end. This I find frequently that long talk does no good-I desire to bring to the will be our political life or death in this Convention, and I hope that, as attention of this Convention a gentleman ripe with age, decision, and we offer Mr. Larkin to you, you will accept Mr. Larkin. I am confident fitness of character. I need not tell you that I refer to Colonel Hoge, of you will find us from San Francisco standing side by side with you, San Francisco, that I now nominate for President of this Convention. fighting against all the monopolies that I have enumerated. I repel GOVERNOR IRWIN. Are there any other nominations? and repudiate the idea that I am a communist and disorganizer. I came here to vote for the interests of all the people of this State. I came here representing the poor man, and I came here representing the rich man; I came here for the purpose of protecting the poor man's interest, and also for the purpose of protecting the rich man's interest.and define their position on the following propositions: First-Whether the State has I do not desire the confiscation of property, and therefore let us, in our first act, stamp this Convention as the Convention of the people. Let us not put up some old fossil, who has been in the interest of corporations and monopolies ever since he was born, some time when this century was first commenced. Let us place a live, sterling, energetic man here, a man whom the people have sent here with a handsome majority, and don't place any gentleman who is better known abroad than he is in his own home, who has been repudiated by the people in his own home, and is obliged to be elected by the people on the outside, who don't know his ways. MR. DOWLING. Mr. President: I rise to indorse the nomination of Mr. Larkin. From what I have heard regarding him, why he certainly must be a saint, and Mr. President, I certainly cannot help voting for a saint as President of this Convention. I am wedded to no clan. I know no friends, I have no enemies in this vote. I came here to deal out justice to my constituents, as near as I can interpret what justice means. And, Mr. President, in dealing out justice, I am only trying to carry out the will and the wishes and the dictates of my constituents. I came here representing my constituents in their sovereign right. I came here, not to indorse anything that will ruffle their prosperity, or that will cast a shade of gloom over the community.

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MR. BARBOUR then called up his resolutions, which were read by the Secretary, for information, as follows:

Resolved, That all persons proposed as candidates for President, and President pro tem, of this Convention, shall be required, before being voted for, to come forward the power to control railroad corporations, in the regulation of fares and freights; in preventing and prohibiting discriminations; in prohibiting the consolidation of parallel or competing lines, directly or indirectly; in preventing the watering of their stock; in requiring frequent sworn public reports of the proceedings of their Directors or Trustees and of their business; in requiring them to allow the agents of the State appointed for that purpose, and the stockholders, to inspect their books; in requiring all intending corporations to file an executed acceptance of such provisions of a Constitution prior to granting them any charter, and in debarring all existing corporations from all future privileges or legislation unless they also file such acceptance; and whether the candidate is in favor of the exercise of such or similar power? Second-Whether he is opposed to land monopoly, and in favor of using the power of the State to wipe it out? Third-Whether he is in favor of subjecting all incorporated companies furnishing water or gas to incorporated cities or towns, to the control of such cities or towns, in respect to the rates they shall be allowed to charge for these necessaries of life? Fourth-Whether he is in favor of prohibiting all lotteries, and declaring stock dealing on "margins," "puts and calls," and similar devices, lotteries? Fifth-Whether he is in favor of abating the Chinese nuisance, and using the whole power of the State to do so? Sixth-Whether he is in favor of taxing mortgages and reducing the rate of interest?

The Chair ruled that the resolutions were not in order for action, but that any gentleman could express his views if he desired. No one appearing desirous of speaking, the roll was called with the following result:

Andrews,
Berry,

Burt,

Filcher,
Hale,
Johnson,

Ayers,
Blackmer,
Brown,
Glascock,

My position in this fight is simply to look from the Sierras to the sea; is simply to look from San Diego to Siskiyou and try and throw the mantle over my constituents-because I hold that I am representing the people of the State of California at large-to throw a mantle over them that will be impervious to monopoly and political chicanery. We claim that the people of the State of California have been robbed of their rights, robbed of everything that God Almighty provided for the comfort of man. We come here not to represent any clique or clan, but we come here to represent the people. The people demand that we shall do right. The people demand that these abominations that to-day govern California and are dragging her down into the depths of misery and ruin, that they must be eradicated and that the people have the power to clean them out and preserve themselves and their sacred institutions. Mr. President, all I demand of this Convention I demand in the name of the imperial people of San Francisco. I demand that every man in Barbour, this Convention get up on this floor and state his views on all questions Barry, that now agitate the public mind. By so doing, Mr. President, I will Barton, know for whom I am voting. But if you don't grant us this privilege, Beerstecher, if this Convention tries to curb our rights here, Mr. President, we will Bell, cripple the Constitution when it goes before the people for ratification. Condon, MR. LAINE. Mr. President: I assume, in the very beginning, that Cross, all gentlemen who occupy seats upon this floor are the representatives | Davis,

FIRST BALLOT-FOR TINNIN.

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