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provide such punishment as it sees fit. this amendment.

With that view, I shall vote for that decision many years ago. I do not know what their decision might be now; but I do know that I do not propose, so far as my vote goes, that MR. LARKIN. I regret to hear a Judge that has a right to sit upon the Constitution of California shall be the first to invite corporal punishthe bench in this State express the views that he does upon this occasion. ment. This has been a great question in these United States. In the I regret that any man occupying the position of Judge of the one of the Congress of the United States an amendment was adopted to the Conhighest Courts should not have one particle of the milk of human kind-stitution of the United States prohibiting cruel and unusual punness in his veins; whose sternness would crush the poor criminal, and ishments. Some years ago, I remember, that this question of such give him the whip, and disgrace him forever. I regret that such men punishment in the navy was the subject of discussion there. I believe as this are sitting upon the bench of this State. It is unfortunate. And for a time it was abolished. I am unable to state the condition of the why? In the history of this States we find that the greater criminals-question now, but for a time it was abolished. The tendency of the age this kind who rob the people, who have robbed the State and the United has all been in that direction. Now it is proposed that we return to it; States have gone free through the connivance of Courts. They have but the whole argument is that the punishment is not sufficient. The escaped. And yet a Judge rises here and recommends the lash if a petty argument seems to prove it, but no argument has been presented here offense is committed. I say it is a pity that these men do not find some to show that it is the only kind of punishment that will inake the way means to protect the people against these men who rob the people. of the transgressor more hard. Why don't some of the gentlemen sugMR. FAWCETT. I would like to whip them, too. gest some means by which crime may be lessened by a greater certainty of punishment which would be secured by some proposition pending before this Convention? Is there anything cruel or unusual in condemning a criminal to hard labor? It is not cruel or unusual, and at the same time it is not brutal. Might not the criminal be condemned to a diet of bread and water, and then not even given that if he does not labor? If the punishment is not great enough seek some other means, but not return to this brutal system. I have heard it said that the worst thing you can do with a man is to hang him. I deny it. The worst thing is to publicly whip him, and turn him loose upon society. You had better hang him in the first instance.

MR. LARKIN. Why don't you say so? My friend from Sacramento would like to imprison a man in the penitentiary for stealing a small lamb he has got, a lamb that is not worth a bit; but there is no way in our laws and our Constitution to catch some of these large thieves. It is the fault of the administration of the government, you will say, that this bank robber or this treasury thief has escaped justice. You will see plenty of lawyers ready to take fees to free him. No matter what crime he has committed he can always get a lawyer to attend his case if he is rich, and a Judge to hear his case. It has become fashionable to rob the people, and to-day the people regard these men who have been successful thieves as model men in society. There is the fault. It is not in the administration of justice. It is not that our laws are not strict enough, but it is the leniency of the Courts to these men who are rich. Throughout the State and the United States the men that are rich cannot be punished in our Courts. You gentlemen sitting on the bench, you attorneys attending causes before our Courts, see that you do not turn away a man who has got money to escape.

MR. GORMAN. I can remember, when a small child, of a picture in about the first book I ever studied in-a picture of whipping at the post in Delaware. It was in a geography. From that moment I always was against whipping, for it seemed to be a cruel and unusual mode of punishment. I hope that it will not be introduced into this State. The picture of that criminal has taken hold of my mind from that day, small boy as I was, until the present time; and I shall always be against the adoption of that system of punishment. They say that the laws are not efficient to prevent crime in this State. I believe they are if rightfully carried out.

Now, who are the criminals that are brought before the bars in this State? A great many of them are from foreign countries, as this is a great center. As San Francisco is a great commercial center, they come from all countries; consequently we have more criminals, and we expect more than places that are inland and are not great commercial centers. We get them from all portions of the world. This State has been a flourishing State. It is a place where money has been plenty, and consequently criminals have been attracted here in great numbers. We have had crimes committed here in Sacramento very lately. We have had steals to an unusual amount in banks and other institutions here, and the men have gone free and are not punished. We see the same in San Francisco. Whose fault is it? The laws are there if they are carried out, and I believe that they are not carried out as they should be.

Again, our laws-both the laws of this State and most of the Statesare so framed to protect the criminal that it is almost impossible to convict. None knows that better than the distinguished gentleman from Alameda, Mr. Campbell. He knows that legislators have sought in every way possible by legislation to provide for the escape of criminals. Here is the misfortune. Let laws provide to punish the great criminal and we will not have much complaint about these parties stealing little things. MR. BARTON. Mr. Chairman: I do not really know or understand the temper of this Convention upon this very important matter; but if by any word that I in my feeble way might utter I could prevent the intelligence of this Convention from voting in favor of the adoption of the amendment offered by the gentleman from Alameda, I should certainly feel a thousand times thankful in behalf of humanity, in behalf, Mr. Chairman, also of the honor of the State of California. I do not believe the people of this State are ready to see her representatives in a constitutional body take a step backwards towards the dark ages of bar- Now, a great many of the criminals of the State come from the boys barism, and erect upon the free soil of America the whipping-post-and of the State. Boys growing up in this country are almost without a if you please the guillotine. These, my fellow countrymen, are things means of gaining a living. They are crowded out by a certain class of of the dead past, and it is not for you or me to resurrect them. people. I am a mechanic and I know that the boys come to all the Mr. Chairman, the fault is in another direction. It is not the fault shops of the State asking for work-boys that are really good; brought of the laws so much as it is in the administration of the laws. Look, up by good parents. If they go to any part of the State they find a if you please, at our Marcuse, our Davis, and the untold number of class there ahead of them that takes away their chance of earning a criminals in the City of Sacramento to-day that have become embezzlers, living. They cannot get work. They will not starve, and they steal and have stolen the people's money and have gone unpunished, and before they will starve. They have no work in the daytime, consewhat is the trouble? The trouble is, sir, that the very men who to-day quently they stay around nights, and the first thing get into low dives are the men of fees, who by education and by nature are men of fees, and cellars, and from that they very soon get to be criminals, first on a have interest that these criminals shall go unpunished before the law; small scale, and then the great criminals of the State. These are facts and it is for us not to take a step backwards in this dark and terrible known to every one that lives anywhere around the City of San Frandirection, but to insist upon the indiscriminate execution of the law.cisco. They cannot get anything to do, and they have got to commit Let the people have officers to enforce the law, and I think, Mr. Chair-crime to make a living. man, we will not need the lash. I hope and trust in God's name that this Convention will not sanction any such unheard of thing in the nineteenth century; that when a man beats his wife there will be a proper law to provide for his punishment; but to return to the dark ages, to bring men to the whipping-post, is something that my nature revolts from. I hope the amendment will not be adopted.

MR. MCCALLUM. The way of the transgressor is hard, and for the protection of society it should be, too. Perhaps it ought to be harder than it is now. I think the argument of the gentlemen who are in favor of restoring corporal punishment has proved that proposition, but I cannot admit that they have proved, that the way to make it harder is by returning to the dark ages. Two or three States of the Union have such laws, says my colleague. I hope California will not be the second, nor the third, especially in view of the fact that of all the Constitutions I have before me here, not one contains what is proposed that ours shall contain, an invitation to return to corporal punishment; many of them, at least some of them, expressly prohibit corporal punishment, and say it shall not be inflicted. But two or three States have tried it, they say. The gentleman from Santa Barbara, Judge Fawcett, tells us that in Ohio there are but one third as many criminals in proportion to the population as we have here. I waited to hear the point of the argument; whether they had the whipping post in Ohio, and I am happy to say they have nothing of the kind there. Having once lived there for many years I am glad, for the credit of the State, that they have not. Delaware is the only one where I have heard of it, but I understand that they have it in Virginia and Kentucky. But it seems to me that the provisions of their Constitutions are substantially the same as ours, and if the difficulty is in the word "unusual," then it is a sufficient answer to say that if it is to become fashionable, let it become fashionable elsewhere first, and the objection that it is unusual will cease to apply to our Courts.

They speak about capital punishment as though it should be abolished. It has been abolished in a great many States, and reenacted. They talk about this in the same light, but I cannot see that capital punishment can be compared to it at all. I should be in favor of capital punishment but not in favor of this, for capital punishment is where life is taken, and this is for petty offenses. Let any one examine the criminal records of this State and they will very soon decide where the criminals are educated, and how this system can be changed so that there will not be so many criminals in this State, and that will be on the question of Chinese.

MR. LINDOW. Gentlemen of the Convention: I am very sorry to see that this is introduced, but I am glad that Mr. Campbell did it. Here we are represented from the whole State, and we discuss this for an hour and a half, and if it goes wrong we soon see on which side we have got the good men. The parties that will vote for a bill they say it is a good one, and the ones that vote against it of course they say it is bad. That is my idea. It settles it just as plain as anything. The gentleman from San Francisco says the boys want work. That is all very well to say. They say, "Well, we can't get work; we have to steal." I have got five children myself, and if they ever make an attempt to steal I go and gives them the lash. I never let them go to the whipping post. It seems to me that some gentlemen are afraid of it. You can keep out of it if you like. Keep straight forward and you never get at the whipping post any.

Now, the boys they come into mine store, and I could give them work if I could have control of them, but you have got no control of a boy here. There is work, but the boys wants to work when he likes, and he leaves you when he is some account. Nobody wants to beat the boy. It would be a beast of a man that would raise his hand to a strange child to give him the lash. I was a man, twenty-two years of age, and I have got a lickin' from my mother. I never was before a Court in my The gentlemen say that the Courts decided wrong, and they rendered | life, but still I always got to work. If the master had the control of a

child as he would of his own, I would take a boy to learn the trade; but you have got to take the boy and support him and pay him, and some of these days his temper will get up, and he goes off. Now, if we have control of children fourteen or fifteen years of age, to train them up to learn the business, we would not have so much hoodlums. Because why? You have got the control of them. But if this whipping post would come in they would get whipped if they go to steal, and they would go to work, because they would not like it. Now, a man spends his time on these boys to learn them the trade, and they want to be paid right off big wages. Now, I have learned a trade at seventy-five dollars a year, and furnished everything except food, and I was very glad to learn it that way. Now, gentlemen, it is no use to talk. Let us go and vote on this question and see how this case stands.

MR. SHOEMAKER. I move that the committee rise, report progress, and ask leave to sit again.

The motion was lost, on a division-ayes, 60; noes, 88.

dling by officers of corporations, I shall propose them myself. I shall do all in my power to repress crime in all states and conditions of society, but at the same time I do not desire to shackle the hands of the Legislature. This particular kind of punishment has proved immensely beneficial in Great Britain, where experience shows that a man who has received one whipping rarely comes back for a second. I say, if the Legislature can, by establishing that punishment in the future, repress crime, I am in favor of it, and opposed to that sickly sentimentality which sees a fellow knock you down and nearly kill you, to rob you, but says it will be very inhuman to let him have lashes on his back. Why, sir, there would be a discretion in these Courts if the Legislature should pass any Act of this description. It would be applied where offenses were of such a description, and showed such a degradation of manhood, that the infliction of the lash would be no additional degradation to the offender-where he was lost to all sense of shame and decency before; where he was a public enemy, and where it was necessary to resort to the infliction of that physical suffering which would prevent him from committing crime if he had lost all moral sense. MR. WICKES. I have been compelled in my profession to use the rod; and it has been thought that members of my profession are partial to its use; but, sir, it is a laceration to the feelings of any one to use the rod. There is nothing dignified in its use whatever. In the administration of school discipline, perhaps, it may be necessary. An ancient savant says, 'spare the rod, and spoil the child," but he never says "man once. I do not believe that man is in a pupilage, or that he can be benefited by the whip. The older nations in the dark ages resorted to all kinds of brutal punishments; but I think we should avoid copying after such uncivilized and barbarous peoples. I do not believe that we should give the Legislature all this power. I know that the practice of flogging obtained in the navy, but through Commodore Stockton it was abolished, and the discipline of the navy has been better ever since. I am opposed to the amendment, because I know the impropriety of using the lash. In regard to capital punishment, there is something dignified in that which deters from crime.

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MR. VAN DYKE. Just one word, Mr. Chairman. I hope this amendment will not be adopted. I think that the members of this Convention do not see the scope which it embraces. Now, it includes all corporal punishments. The gentleman from San Francisco, Mr. | Stedman, said he was in favor of flogging wife beaters. The gentleman from Santa Barbara, Judge Fawcett, gives statistics in reference to State Prisons. Now, wife beaters do not go to the State Prison. So that if the gentleman from San Francisco wishes to confine it to them, of course the statistics of Judge Fawcett do not support his argument at all. All it proposes is to return to the old repudiated plan of corporal punishment. Now, we can reform the prison system in this State. Put the ball and chain to these confirmed criminals, and put them to work, and not disgrace the State by returning to barbarism in this age of the world. I am opposed to the amendment. MR. JOYCE. The gentleman from Santa Barbara, Judge Fawcett, says that if there is anything that can be done by this Convention to stop crime, we should do it. In that I agree with the gentleman. But why has not this learned gentleman of so many years' experience given us some idea of what can be done? Now, the fact is patent, Mr. Presi- MR. KLEINE. I think the punishment of criminals is too severe to dent, to yourself, as being a practitioner before the Courts, as much as the small criminals. I know of one boy, nine years of age, that snatched any other living man, that to-day in the State of California there is a the purse of a lady, containing five cents, was sent five years to State premium on grand larceny, while petty larceny thieves are punished. Prison, whilst men who have stolen five or six millions of the earnings These men pretend to say that petty larceny thieves ought to be punished of the people have gone scot free. I hold that this amendment is going more, while such men as Ralston go unpunished. Why don't they back three hundred years ago. I say that the punishment is too severe. picture out this class of crime as the others were pictured by our friend, I never knew a case yet-I never knew a criminal yet in my life that Judge Campbell. It is a mild term to call this fraud grand larceny. was reformed by the whipping-post. For my own part, the man that Flood, Sharon, and others, rob men of their hard earnings, and then would lay the whip upon me I am sure I know what I would do with leave them without a dollar to get their families food to eat. If they him. Mr. President, I say as I said before, we should take compassion show us any practical way to lash them, I will say lash them, and lash upon the poor criminal. If these State Prison keepers were men of every inch of their bodies off; but until they do that, I am opposed to lash-humanity, if they would treat prisoners more like human beings, I ing one class of criminals and grant a premium to another. Our friend assure you we would not have half the prisoners that we have to-day. from Sacramento wants to protect society. What form of society is it? THE CHAIRMAN. The question is on the adoption of the amendWhy, it is these grand larceny thieves who have built themselves up by ment offered by Judge Campbell. plundering the people under the pretense of law. What has built up the millionaires of the City and County of San Francisco and the State of California? Why, it is their manipulations in stocks of various descriptions-mining stocks, water stocks, railroad stocks, and land grabbing. This is what forms society here, and this is the class that wants the lash. They want to lash the petty larceny criminal, but not the grand larceny thieves.

MR. FAWCETT. I beg to correct the gentleman. I said nothing of the kind, and entertain no such opinions. I believe in making a law to bear perfectly equal upon all classes, and in whipping all classes who show by their crime that they are deserving of that punishment.

MR. JOYCE. We know that the laws are there, but these men do not get punished. Mr. Wilson told us that we had no right to legislate for a coming generation. I know that the laws are optional with the Judges, and we all know that some counsel have great influence on the opinions of Judges, as we read from the decisions of late in this State. If these gentlemen can show us that this worst class of criminals in this State, these grand larceny thieves, will be lashed, I will go for giving the lash to them.

The amendment was adopted, on a division: ayes, 69; noes, 63.
MR. GARVEY. I move that the Committee rise, report progress, and
ask leave to sit again.
Carried.

IN CONVENTION.

THE PRESIDENT. Gentlemen, the Committee of the Whole have article on preamble and bill of rights, report progress, and ask leave to instructed me to report that they have had under consideration the sit again.

ADJOURNMENT.

MR. LARKIN. I move we adjourn.

The motion prevailed, and at five o'clock P. M. the Convention stood adjourned until to-morrow, at ten o'clock A. M.

THIRTY-FOURTH DAY.

SACRAMENTO, Thursday, October 31st, 1878.
The Convention met in regular session at ten o'clock A. M., President
Hoge in the chair.
The roll was called, and members found in attendance as follows:

Andrews,
Ayers,
Barbour,
Barnes,
Barry,
Barton,
Beerstecher,
Belcher,
Bell,

MR. CAMPBELL. Mr. Chairman: I desire to say but a very few words. I do not think that this amendment is thoroughly understood by some gentlemen who have spoken upon this floor. My colleague says that this term means any kind of torture. The language is plain. It means the whipping-post, and nothing more or less. This amendment does not reestablish the whipping-post. It merely gives the Legislature the power, if such a state of things shall be found to exist as to render the reestablishment of the whipping-post necessary, to do 80. Of course the natural feeling of all of us is against undue severity of punishment, but if you find that other means of repressing crime are not effectual, you must remember that the very first object of punishing crime is to protect society. The reformation of the offender is a mere secondary object. Those laws which are necessary to preserve the peace and order of society ought to be reenacted; and if in the future it shall appear that other punishment will repress crime you can abolish it altogether; but if it shall appear that it will have an influence in repressing and preventing crime, that it will save our citizens from outrage, and Blackmer, protect them from wrong and personal violence, and from fraud-if the Boggs, Legislature shall find it necessary in the future, why not do that which Boucher, may be necessary for the protection of society. Brown, This does not specify any particular species of crime. That is neces- Burt, sarily left to legislative discretion. I do not think myself that it would Campbell, be a bad exercise of legislative discretion if the men who robbed the Caples, people of millions were triced up to the whipping-post. I have no Casserly, objection to it. And let me say this, sir, that certain gentlemen speak Chapman, here as if we were endeavoring to oppose all reforms. I do not oppose Charles, any reforms here. In the course of this Convention, if no other gentle- Condon, man shall propose measures which are calculated to repress the swin-Cowden,

Biggs,

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Cross,

Steele,

LEAVE OF ABSENCE.

White,

Wilson, of Tehama,

Wilson, of 1st District,
Winans,

Wyatt,

Mr. President.

Lindow.

One day's leave of absence was granted to Mr. Cross, and two days' leave to Mr. Herold.

MR. HILBORN. I move that the reading of the minutes of yesterday be dispensed with. Carried.

PETITION-LOCAL OPTION.

DRAFT OF AMENDMENTS TO THE CONSTITUTION, PRESENTED BY THE
COMMITTEE ON CHINESE.

ARTICLE -.

SECTION 1. The Legislature shall have, and shall exercise the power, to enact all needful laws, and escribe necessary regulations, for the protection of the State, and the counties, cities, and towns thereof, from the burdens and evils arising from the presence of aliens, who are, or who may become vagrants, paupers, mendicants, criminals, or invalids afflicted with contagious or infectious diseases, and aliens otherwise dangerous or detrimental to the well being or peace of the State, and to impose conditions upon which such persons may reside in the State, and to provide the means and mode of their removal from the State, upon failure or refusal to comply with such conditions, provided, that nothing contained in the foregoing shall be construed to impair or limit the power of the Legislature to pass such other police laws or regulations, as it may deem necessary.

SEC. 2. Any corporation incorporated by or under the laws of this State, or doing business in this State, shall forfeit its franchises and all legal rights thereunder, if it ever employs, in any capacity whatever, foreigners who are not eligible to become citizens of the United States under the laws of Congress. This section shall be enforced by appropriate legislation.

SEC. 3. No alien ineligible to become a citizen of the United States shall ever be employed on any State, county, municipal, or other public work in this State after the adoption of this Constitution.

SEC. 4. All further immigration to this State, of Chinese, and all other persons ineligible to become citizens of the United States under the naturalization laws thereof, is hereby prohibited. The Legislature shall provide for the enforcement of this section by appropriate legisla

tion.

SEC. 5. No person who is not eligible to become a citizen of the United States shall be permitted to settle in this State, after the adoption of this Constitution.

SEC. 6. Foreigners ineligible to become citizens of the United States, shall not have the right to sue or be sued in any of the Courts of this State, and any lawyer appearing for or against them, or any of them, in a civil proceeding, shall forfeit his license to practice law. No such foreigner shall be granted license to carry on any business, num-trade, or occupation in this State, nor shall such license be granted to any person or corporation employing them. No such foreigner shall have the right to catch fish in any of the waters under the jurisdiction of the State; nor to purchase, own, or lease real property in this State, eigners shall be void. and all contracts of conveyance or lease of real estate to any such for

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SEC. 7. The presence of foreigners, ineligible to become citizens of the United States, is declared herein to be dangerous to the well being of the State, and the Legislature shall discourage their immigration by all the means within its power. It shall provide for their exclusion from residence or settlement in any portion of the State it may see fit, or from the State, and provide suitable methods, by their taxation or otherwise, for the expense of such exclusion. It shall prescribe suitable penalties for the punishment of persons convicted of introducing them within forbidden limits. It shall delegate all necessary power to the incorporated cities and towns of this State for their removal without the limits of such cities and towns.

SEC. 8. Public officers within this State are forbidden to employ Chinese in any capacity whatever; violation of this provision shall be ground for removal from office; and no person shall be eligible to any before, employed Chinese.

MR. MILLER, from the Committee on Chinese, presented the follow-office in this State who at the time of election, and for three months ing report:

MR. PRESIDENT :

SEC. 9. The exercise of the right of suffrage shall be denied to any person employing Chinese in this State; and it shall be a sufficient challenge that the person offering to vote is employing Chinese, or has employed them within three months next preceding the election. MR. MILLER. I move that the amendment lie on the table, and be ordered printed. THE PRESIDENT. So ordered.

The Committee on Chinese, to whom was referred certain proposed amendments to the Constitution, relating to Chinese, beg leave to report back to the Convention the following propositions, with the recommendation that no further action be taken thereon, viz.: Proposition number one, introduced by Mr. Dowling; number seventeen, introduced by Mr. Joyce; number seventy, introduced by Mr. Barry; number one hundred and thirty, introduced by Mr. Kenny; number two hundred and sixty-six, introduced by Mr. Kleine; number eighteen, introduced by Mr. Joyce; number sixty, introduced by Mr. O'Donnell; number seventeen, introduced by Mr. Murphy; number one hundred and seventy three, introduced by. Mr. Wellin; number three hundred and twenty-one, introduced by Mr. O'Donnell; number three hundred and ninety, introduced by Mr. Joyce; number three hundred and eighty-eight, introduced by Mr. O'Donnell; number four hundred and twenty-three, introduced by Mr. Estee; number forty-four, introduced by Mr. Turner; number one hundred and thirty-one, introduced by Mr. Kleine; and the second and third sections of number two hundred and ninety-two, by Mr. Tuttle. The committee has carefully considered the foregoing, and adopted, in substance, such portions as have been deemed of practical value, and included the same in the amendments to the Constitution herewith presented for the action of the Convention.mittee: Your committee also begs leave to report back the amendment number three hundred and fifty-two, proposed by Mr. Miller, amended as the same appears in section one of the draft of amendments accompanying this report, with the unanimous recommendation that the same be adopted as amended.

PROPOSED AMENDMENTS.

THE PRESIDENT. The next order of business is the introduction of resolutions and propositions relative to the Constitution.

MR. WILSON, of First District. I desire to send up a proposition, at the request of the Committee on Judiciary and Judicial Departments, and ask that it be printed out of its order, and referred to that com

JUDICIAL DEPARTMENT.

SECTION 1. The judicial power of the State shall be vested in the Senate sitting as a Court of Impeachment, in a Supreme Court, Superior Courts, Justices of the Peace, and such inferior Courts as the Legislature may establish in any incorporated city or town.

SEC. 2. The Supreme Court shall consist of a Chief Justice and six Associate Justices. The Court may sit in departments and in bank, and shall always be open for the transaction of business. There shall be two departments, denominated, respectively, Department One and Department Two. The Chief Justice shall assign three of the Asso

A majority of the committee has agreed to and instructed me to report to the Convention the first section of proposition number two hundred and ninety-two, by Mr. Tuttle, amended as the same appears in section two of the draft of amendments herewith, with the recommendation that the same be adopted as amended; also, proposition number twenty-three, by Mr. Nelson, which furnishes section three of the accompanying draft of amendments, with like recommendation; also, proposition number sixty-four, by Mr. Ayers, amended as the same appears in section four of the accompanying draft of amendments, with the recommendation that the same be adopted as amended; also, the first section of proposition number nineteen, by Mr. Larkin, which forms section five of the accompanying draft, with the recommenda-ciate Justices to each department, and such assignment may be changed tion that the same be adopted. In addition to the foregoing, a majority of the committee has agreed to and instructed me to present, for the consideration of the Convention, the four sections, numbered six, seven, eight, and nine, respectively, in the draft of amendments herewith, with the recommendation that the same be adopted.

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by him from time to time. The Associate Justices shall be competent to sit in either department, and may interchange with each other by agreement among themselves or as ordered by the Chief Justice. Each of the departments shall have the power to hear and determine causes and all questions arising therein, subject to the provisions hereinafter contained in relation to the Court in bank. The presence of two Justices shall be necessary to transact any business in either of the departments, except such as may be done at chambers, and the concurrence of two

Justices shall be necessary to pronounce a judgment. The Chief Justice shall apportion the business to the departments, and may, in his discretion, order any cause pending before the Court to be heard and decided by the Court in bank. The order may be made before or after judgment pronounced by a department; but where a cause has been allotted to one of the departments, and a judgmet pronounced thereon, the order must be made within sixty days after such judgment, and concurred in by two Associate Justices, and if so made it shall have the effect to vacate and set aside the judgment. If the order be not made within the time above limited, the judgment shall be final. No judgment by a department shall become final until the expiration of the period of sixty days aforesaid, unless approved by the Chief Justice, in writing, with the concurrence of two Associate Justices. The Chief Justice may convene the Court in bank at any time, and shall be the presiding Justice of the Court when so convened. The concurrence of four Justices present at the argument shall be necessary to pronounce a judgment in bank; but if four Justices, so present, do not concur in a judgment, then all the Justices qualified to sit in the cause shall hear the argument, and judgment may be pronounced by a majority thereof; and if they are equally divided in opinion, the judgment or order appealed from shall stand affirmed. In the determination of causes, all decisions of the Court in bank or in departments shall be given in writing, and the grounds of the decision shall be stated. The Chief Justice may sit in either department, and shall preside when so sitting, but the Justices assigned to each department shall select one of their number as presiding Justice. All sessions of the Court, whether in bank or in departments, shall be held at the capital of the State. In case of the absence of the Chief Justice from the place at which the Court is held, or his inability to act, the Associate Justices shall select one of their own number to perform the duties and exercise the powers of the Chief Justice during such absence or inability to act.

SEC. 3. The Chief Justice shall be appointed by the Governor, with the advice and consent of the Senate, and shall hold office during good behavior. The Associate Justices shall be elected by the qualified electors of the State at large, and the term of office shall be twelve years, from and after the first Monday of January next succeeding their election; provided, that the six Justices elected at the first election shall, at their first meeting, so classify themselves, by lot, that two of them shall go out of office at the end of four years, two of them at the end of eight years, and two of them at the end of twelve years, and an entry of such classification shall be made in the minutes of the Court in bank, signed by them, and a duplicate thereof shall be filed in the office of the Secretary of State. If a vacancy occur in the office of Associate Justice, the Governor shall appoint a person to hold the office until the election and qualification of a Justice to fill the vacancy, which election shall take place at the next succeeding general election, and the Justice so elected shall hold the office for the remainder of the unexpired term. The first election of the Associate Justices shall be at the first general election after the adoption and ratification of this Consti

tution.

SEC. 4. The salary of the Chief Justice shall be ten thousand dollars per annum, and the salary of each Associate Justice shall be eight thousand dollars per annum.

SEC. 5. The Supreme Court shall have appellate jurisdiction in all cases in equity; also in all cases at law which involve the title or possession of real estate, or the legality of any tax, impost, assessment, toll, or municipal fine, or in which the demand, exclusive of interest, or the value of the property in controversy, amounts to three hundred dollars; and also in all criminal cases amounting to felony on questions of law alone. The Court shall also have power to issue writs of mandamus, certiorari, prohibition, and habeas corpus, and also all writs necessary or proper to the complete exercise of its appellate jurisdiction. Each of the Justices shall have power to issue writs of habeas corpus to any part of the State, upon petition on behalf of any person held in actual custody, and may make such writs returnable before himself, or the Supreme Court, or before any Superior Court in the State, or before any Judge thereof. Any Justice of the Supreme Court may allow alternative writs and orders to show cause, with or without a temporary restraining order. In cases of which the Court has original jurisdiction, all issues of law and fact shall be determined by the Court in bank, or one of the departments, in such manner as may be provided by law or the rules of the Court. SEC. 6. There shall be a Superior Court in each county of the State. SEC. 7. In the County of San Francisco there shall be twelve Judges of the Superior Court, any one or more of whom may hold Court. There may be as many sessions of said Court, at the same time, as there are Judges thereof. The said Judges shall choose, from their own number, a presiding Judge, who may be removed at their pleasure. He shall distribute the business of the Court among the Judges thereof, and prescribe the order of business. The judgments, orders, and proceedings of any session of the Superior Court, held by any one or more of the Judges of said Courts, respectively, shall be equally effectual as if all the Judges of said respective Courts presided at such session. [Here provide for the number of Judges for the Superior Court in each of the other counties.] The term of office of Judges of the Superior Courts shall be six years, from and after the first Monday of January next succeeding their election; provided, that the twelve Judges of the Superior Court, elected in the County of San Francisco at the first election held under this Constitution, shall, at their first meeting, so classify themselves, by lot, that four of them shall go out of office at the end of two years, and four of them shall go out of office at the end of four years, and four of them shall go out of office at the end of six years, and an entry of such classification shall be made in the minutes of the Court, signed by them, and a duplicate thereof filed in the office of the Secretary of State. The first election of Judges of the Superior Courts shall take place at the first general election held after the adoption and

ratification of this Constitution. If a vacancy occur in the office of Judge of a Superior Court, the Governor shall appoint a person to hold the office until the election and qualification of a Judge to fill the vacancy, which election shall take place at the next succeeding general election, and the Judge so elected shall hold office for the remainder of the unexpired term.

SEC. 8. The salary of a Judge of the Superior Court in the County of San Francisco shall be the same as that of an Associate Justice of the Supreme Court of the State. [Here provide for salaries in other counties.]

SEC. 9. A Judge of any Superior Court may hold a Superior Court in any county, at the request of a Judge of the Superior Court thereof, and upon the request of the Governor it shall be his duty so to do. SEC. 10. The Legislature of the State may, at any time, two thirds of the members of the Senate and two thirds of the members of the Assembly voting therefor, increase or diminish the number of Judges of the Superior Court in any county in the State; provided, that no such reduction shall affect any Judge who has been elected.

SEC. 11. The Superior Courts shall have original jurisdiction in all cases in equity, and in all cases at law which involve the title or possession of real property, or the legality of any tax, impost, assessment, toll, or municipal fine, and in all other cases in which the demand, exclusive of interest, amounts to two hundred dollars, and in all criminal cases amounting to felony, and cases of misdemeanor not otherwise provided for; also, in actions of forcible entry and detainer, of proceedings in insolvency, of actions to prevent or abate a nuisance, of divorce, and for annulment of marriage, and all such special cases and proceedings as are not otherwise provided for; also, of all matters of probate. And said Courts shall have the power of naturalization, and to issue papers therefor. They shall have appellate jurisdiction in such cases arising in Justices' and other inferior Courts in their respective counties on questions of law only as may be prescribed by law. Said Courts shall be always open (legal holidays and non-judicial days excepted), and their original jurisdiction shall extend to all parts of the State. Said Courts, and their Judges, shall have power to issue writs of mandamus, certiorari, prohibition, quo warranto, and habeas corpus, on petition by or on behalf of any person in actual custody, in their respective counties.

SEC. 12. Justices of the Supreme Court, and Judges of the Superior Courts, may be removed by concurrent resolution of both houses of the Legislature, if two thirds of all the members of the Assembly and a majority of all the members elected to the Senate concur therein. All other judicial officers, except Justices of the Peace, may be removed by the Senate on the recommendation of the Governor, but no removal shall be made by virtue of this section, unless the cause thereof be entered on the Journal, or unless the party complained of has been served with a copy of the complaint against him, and shall have had an opportunity of being heard in his defense. On the question of removal, the ayes and noes shall be entered on the Journal.

THE PRESIDENT. The Chairman of the Committee on Judiciary and Judicial Department presents this proposition, and asks that it be printed out of order and referred to that committee. If there be no objections it is so ordered. MR. STEDMAN. Mr. President: By request of Mr. Lindow, I send up the following proposition:

ELECTIVE FRANCHISE AND PRIVILEGES.
ARTICLE

SECTION 1. All elections shall be conducted openly and free from restraint. SEC. 2. All elections shall be by ballot. SEC. 3. Electors shall in all cases, except felony or breach of the peace, be privileged from arrest on the day of election during their attendance at such election, and in going to and returning from the same. No elector shall be obliged to do military duty on the day of election, except in time of war or public danger.

SEC. 4. For the purpose of voting, no person shall be deemed to have gained or lost a residence by reason of absence while employed in the service of the United States, nor while engaged in the navigation of the waters of this State or of the United States, or of the high seas, nor while a student in any institution of learning, nor while kept at any almshouse or other asylum, nor while confined in any public prison; but no person, while confined in any prison, shall have any right to vote during such confinement. No person who shall have been convicted of any crime which is punishable by imprisonment in a penitentiary shall be entitled to the privileges of an elector.

SEC. 5. No soldier, seaman, or mariner in the army or navy of the United States shall be deemed a resident of this State in consequence of being stationed therein.

SEC. 6. No person shall be elected or appointed to any office in this State, civil or military, who is not a citizen of the United States, and who shall not have resided in this State one year next preceding the election or appointment.

SEC. 7. No idiot or insane person shall be entitled to the privileges of an elector.

SEC. 8. Every male citizen of Mexico, who shall have been elected to become a citizen of the United States under the treaty of peace established and ratified at Queretaro, on the thirtieth day of May, eighteen hundred and forty-eight, shall be an elector and citizen of this State, and entitled to all the privileges of a native-born citizen of the United States.

SEC. 9. Every person shall be disqualified from holding office during the term for which he may have been elected, who shall have given or offered a bribe, threat, or reward, to procure his election.

SEC. 10. No person who shall hereafter be a collector or holder of public money, or receiver of money as an officer, shall be eligible to any

office of trust or profit until he shall have accounted for, and paid according to law, all money for which he is or may be liable.

SEC. 11. General municipal elections shall be held biennially on the first Tuesday after the first Monday in November. At all elections by the people, the polls shall be open from six A. M. to seven P. M. Referred to Committee on Privileges and Elections.

ELIGIBILITY OF JUDGES.

MR. BARBOUR introduced the following proposition to amend sec

tion sixteen of article six:

SEC. 16. The Justices of the Supreme Court, and the District Judges, and the County Judges, shall be ineligible to any other office than a judicial office, or to any public employment whatever, other than of a judicial character, during the term for which they shall have been

elected.

Referred to Committee on Judiciary and Judicial Department.

CORPORATIONS.

MR. MCCONNELL introduced the following proposition, relating to corporations other than municipal: SECTION -. No corporation organized outside the limits of this State shall be allowed to transact business within this State on more favorable conditions than are prescribed by law to similar corporations organized under the laws of this State. The Legislature shall enforce this section by appropriate legislation.

Referred to Committee on Corporations other than Municipal.

CLAIMS AGAINST THE STATE.

MR. BARNES introduced the following proposed amendment to the Constitution, in relation to claims against the State, or any county, city and county, town, or municipal organization:

ARTICLE

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SECTION Every person having a disputed claim against the State, or any county, city and county, town, or municipal organization, shall have a judicial remedy therefor, to be provided by general laws by the Legislature; and no appropriation of money for the payment of any disputed claim shall be made by the Legislature, or by any county, city and county, town, or municipal organization, except in pursuance of and in obedience to the judgment of a Court of competent jurisdiction, duly had and obtained.

Referred to Committee on Legislative Department.

STATE BOARD OF EDUCATION.

MR. WICKES introduced the following proposition, to amend

ment to article, sections of State Board of Education:"

IN COMMITTEE OF THE WHOLE.
MR. GREGG. I will withdraw the substitute that I offered to section
six yesterday.

THE CHAIRMAN. The Secretary will read section six as amended.
THE SECRETARY read:

SEC. 6. All persons shall be bailable by sufficient sureties, unless for
capital offenses, when the proof is evident or the presumption great.
Excessive bail shall not be required, nor excessive fines imposed; nor
shall cruel or unusual punishments be inflicted. But nothing herein
contained shall be construed to prohibit the infliction of corporal pun-
ishment for crimes. Witnesses shall not be unreasonably detained or
confined in any jail or room where criminals are usually imprisoned.
MR. VAN DYKE. I move to amend the section by inserting after
the word "criminals," in the sixth line, the words "or persons charged
with crime," so that it will read; "Witnesses shall not be unreasonably
detained, or confined in any jail or room where criminals or persons
charged with crime are usually confined."

MR. TERRY. There is no jail in the State that has a separate building for witnesses who are detained. If he is confined at all he must be confined at the jail, though he need not be confined in the same room with the criminals. MR. VAN DYKE. Strike out "jail or."

MR. WILSON, of First District. I would suggest that they might be confined with criminals then unless the word "usually" is stricken out. MR. VAN DYKE. I accept the amendment.

THE CHAIRMAN. The Chairman of the committee moves to strike

out the words "jail or" and the word "usually."

MR. VAN DYKE. Mr. Chairman: The only amendment to the old section is adding on after the word "detained" the balance of the clause. We have added on, "or confined in any room where criminals or persons charged with crime are imprisoned." The purpose is very obvious. As the law now is it frequently occurs that a party who is so unfortunate as to witness the commission of a crime is imprisoned in an unfit cell or room and herded with criminals, while the criminal himself perhaps may be able to give bail and go at large upon the streets. We think that is all wrong. Any city or county that is not able to build a proper and suitable place for the detention of witnesses should not be allowed to hold them, if they are to be herded with criminals.

MR. JONES. Mr. Chairman: I hope the amendment will not be adopted. I think the object aimed at might be attained and preserve the protection that was designed for witnesses detained. The object was, as stated by the Chairman of the committee, to protect innocent men amend-whose testimony may be needed upon the trial of cases at a future time, entitled "Constitution and powers out means, are unable to give bail. Now the section as it first stood was and who, by virtue of being strangers and in a strange land, and with"Consti-designed to secure those persons in that condition, who were detained attitude of common felons-of common criminals and herded with for a considerable length of time, perhaps, should not be put into the them; that they should not be put into the place where such criminals

To amend amendment to article —, sections —, entitled tution and powers of State Board of Education," by striking out "except in incorporated cities," wherever such clause occurs, making its powers general and complete.

Referred to the Committee on Education.

CORPORATIONS.

MR. VACQUEREL introduced the following proposed amendment to the Constitution, relative to corporations other than municipal: Resolved, That each and every corporation now formed, or may be formed in this State, shall be and they are hereby prohibited from permitting any person or persons, company or corporation, to solicit for any business or occupation whatsoever on board of any car or cars, steamboats or steamers, or any other conveyance owned or controlled by such corporations now formed or may be formed as aforesaid. Any violation of this section, in any manner whatsoever, shall be punished, upon conviction of the offender, whether it be the corporation, or the employe or servant thereof, by the total and absolute forfeiture of any charter or franchise that the corporation so offending and violating may now possess or obtain hereafter.

Referred to Committee on Corporations other than Municipal.

BIGAMY AND POLYGAMY.

MR. DOWLING introduced the following proposed amendment to the
Constitution, to prohibit bigamy and polygamy:
SECTION The Legislature of this State shall provide that bigamy
nor polygamy shall never be tolerated in the State of California.
Referred to Committee on Legislative Department.

STATE UNIVERSITY.

MR. MARTIN, of Santa Cruz, offered the following resolution: Resolved, That the President of the Board of Regents of the University of the State of California, be requested to furnish this Convention with full information respecting the annual expenses paid for salaries of all officers, employés, and attachés of said University; also all incidental expenses connected with said institution; also to give full detailed information of the amount of money received from the State, from individuals, and from all other sources, for the maintenance of said institution,

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are confined. As it stood it would have attained that end. But the gentleman from San Joaquin suggests that there may not be any other place than the jail in the county. I submit that if there be none they should provide one. The striking out of the word "jail" and leaving in the word "room" will have just simply this effect, that the witnesses detained will be taken to the common jail, to a place where felons are taken and persons charged with crime, and there will be incarcerated in the building, in a room which the public do not know from the room that the criminals are occupying.

Now, I fancy that it is not so much the hardship of occupying a room with a criminal, as it is the disgrace, to a private citizen, without offense, to be incarcerated in a place, in a jail, in a prison, in an institution which is used for the purpose of confining criminals and persons charged with crime. It seems to me the amendment loses the whole salutary benefit of the section as it stood, so far as it is designed to protect honest citizens who simply have the misfortune to be witnesses; and if that amendment be not carried, I am certain that an amendment can be made that will accomplish the purpose designed. It may be true that they might not have the means in some counties of providing suitable buildings, but I submit that in such cases they have seldom occasion to detain a witness, and when they do, it should be the duty of the public to provide a place-I do not care, though it might be some expense and some trouble-rather than sacrifice the right of a citizen. I understand that by the amendment the room shall not be one in which criminals or persons charged with crime are confined, but I submit that is not enough for the protection of the citizen. It ought to be a place not connected with any infamy at all.

MR. TERRY. Mr. Chairman: It is a fact, I believe, that in every county of the State which has a jail there are apartments usually used by the Deputy Sheriff or the Jailer in charge of the institution. Prisoners are never confined therein. The object of the amendment was that these persons who were detained as witnesses might be kept in that portion of the building, and not compelled to herd with prisoners or persons charged with crime. It seems to me that a witness would not be any more disgraced in being detained in the rooms usually occupied by the Deputy Sheriff than in any other building, and it would be a very considerable expense to any county to be compelled to provide a separate place every time a witness was detained for a few days-for I hope that this Convention will provide a means whereby it will be unnecessary to detain any witness more than a few days, by having the deposition of witnesses taken before an examining magistrate for use in case the witness is absent or cannot be procured on the trial. But it would be putting the counties to unnecessary expense to require them to provide outside accommodations for men for the three or four days occupied in the examinations. I do not understand that there will be any particular hardship in detaining a man in a room usually occupied

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