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THE PRESIDENT. The Chief Secretary being ill, I will request Marcus D. Boruck to read the Journal of yesterday.

Mr.

per diem of himself and assistant, and cost of transcribing, for the entire session, should it last one hundred days, or twenty cents per folio for transcribing into longhand their notes, should the session not last one hundred days. JAMES E. MURPHY, Chairman.

The report was received.

Mr. BEERSTECHER offered the following resolution:

Resolved, That this Convention, recognizing the fact that the people of this State are groaning under the burden of grievous t xation, hereby determine to dispense with paid phonographic reports of its proceedings, and with the services of paid Phonographic Reporters.

Mr. BEERSTECHER. I move its adoption.

MR. HAGER. We could not hear the resolution at this end of the hall.

MR. LARKIN. This was made the special order for eleven o'clock, I believe.

The PRESIDENT. It is moved and seconded that this whole subject be made the special order for eleven o'clock. If there be no objection, the whole question will stand over until eleven o'clock.

So ordered.

STANDING COMMITTEES.

MR. ESTEE, from the Committee on Rules and Order of Business, made the following report:

Mr. President: Your Committee on Rules, Order of Business, and Standing Committees, beg leave to report the following committees, and number of each, to consider the several parts of the Constitution which relate to those subjects respectively, which may be referred to such committees: First, on Preamble and Bill of Rights, to consist of nine members; second, on the Right of Suffrage, eleven members; third, on Legislative Department, fifteen members; fourth, on Executive Department, nine members; fifth, on Judicial Department, nineteen members; sixth, on Military Affairs, eleven members; seventh, State and Municipal Indebtedness, fifteen members; eighth, on Education, nine members; ninth, State Institutions and Public Buildings, seven members; tenth, on City, County, and Township organization, fifteen members; eleventh, on Apportionment and Representation, eleven members; twelth, on Revenue and Taxation, fifteen members; thirteenth, on Corporations other than Municipal, fifteen members; fourteenth, on Miscellaneous Subjects, nine members; fifteenth, on Future Amendments, nine members; sixteenth, on Schedule, eleven members; seventeenth, on Revision and Adjustment, nine members; eighteenth, on Water and Water Rights, fifteen members; nineteenth, on Agriculture, Mining, Manufactures, and Commerce, fifteen members; twentieth, on Inimigration, fifteen members; twenty-first, on Reporting and Printing, five members; twenty-second, on Privileges and Election, fifteen members; twenty-third, on Mileage and Contingent Expenses, nine members. The appointment of said committees shall be made by the President. Respectfully submitted. M. M. ESTEE, Chairman.

The report was received.

MR. HAGER. I move that there be another standing committee, to be composed of the Chairmen of all the other committees, to be called the Committee on Schedule.

MR. ESTEE. The report provides for one now.

MR. EDGERTON. That report is only a partial report. The committee agreed upon the designation and number of these so far. - Two or three committees have just occurred to me that are not provided for there, for example, a Committee on Engrossment and Enrollment. The committee report these in order that the President may go to work, and I hope that the report, so far as it goes, will be adopted.

THE PRESIDENT. This is a partial report from the committee. MR. HERRINGTON. I move that a committee, consisting of fifteen members, be added, to be called the Committee on Federal Relations. MR. TINNIN. That subject is included in the Committee on Immigration, which includes also the Chinese question, and is so understood. MR. KEYES. I think it would be well to make one Committee on Agriculture and one on Mining.

MR. RINGGOLD. I move that the reading of the Journal be dis-they were usually in one committee, and then they had very little to

pensed with.

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Mr. MURPHY presented the following report from the Committee on phonographic reporting:

To the President and members of the Convention:

.

Your committee appointed to examine into the subject of reporting the proceed ings and debates of this Convention, beg leave to submit the following report: That the Convention elect a Phonographic Reporter, who shall be empowered to select his assistant, and the two to be the shorthand reporters of this Convention, and to be entitled to the per diem fixed by law for their services. That the reporters so selected be required to furnish a longhand verbatim report of the proceedings of this Convention, on the following terms, to wit: at the rate of twenty cents per folio, with the further provision, that if the Convention last one hundred days, the entire compensation said reporters shall receive for transcribing their notes into longhand shall not exceed six thousand dollars. That the reporter who may be elected by this Convention shall enter into good and sufficient bonds, in the sum of ten thousand dollars, for the efficient and faithful performance of his duty, and guarantee the State against recovery by him of any compensation for his services in this connection, exceeding the gross sum of eight thousand dollars, including the

MR. ESTEE. There is very little that can be put in a Constitution on these subjects, while a great deal can be put in a statute. We found by examining the proceedings of other Constitutional Conventions that do. We examined it with a good deal of care. This is only a partial report, but it was made this morning so that it could be printed, and so that the President could go on with the work of forming the committees. It will be found by examining the proceedings of Conventions in other States that where there were only eighty or ninety members they usually fixed the number of members on each committee at seven or nine. Here there are one hundred and fifty-two members, and the committees range from seven to fifteen. On the most important questions there are fifteen members.

MR. DUDLEY, of Solano. It is well known that there is a serious conflict, real or apparent, between the agricultural and mining interests, and it strikes me that it would be well that there be different committees, and that the Committee on Agriculture should not include the Committee on Mining. They should be separate and distinct. MR. BLACKMER. I would ask the Secretary to read the section regarding the Committee on Agriculture and Mining. Does it include agriculture, mining, and commerce?

MR. ESTEE. That is what it includes.

MR. BLACKMER. There is no objection to combining the subjects of agriculture and commerce, but the subject of mining should be delegated to a separate committee. It is very true that in other States, where they have made Constitutions, these subjects have been put into the hands of one committee, but we have a State here in which the mining interest is larger than in any State where they have made a Constitution. As the gentleman has said who preceded me, there is a real or apparent conflict of interest between these two industries of mining and agriculture. I move that a separate committee be appointed on the subject of mining.

MR. ESTEE. It was understood that there would be a conflict of interest, or that there was a conflict of interest, and for that reason the committee decided to do as they did in Pennsylvania, where the mining interest is six times as much as it is here in California, so that the provisions of the Constitution should harmonize. It was supposed that by making

opposite side of this contest. I hope this Convention will proceed to elect one at a time.

the committee large, these questions could be discussed in the committee, and the differences settled and adjusted in the amendments reported by them. We found that in Pennsylvania, New York, and in other lead- MR. EDGERTON. It is quite refreshing to hear the gentleman talk ing States in the Union, they adopted this rule. The committee thought about caucuses, but my object is to secure an organization of this Conit well to follow well established precedents in arranging the com-vention at the earliest practical moment. We have been here four days mittees, and we say to you, this is what other Conventions have done in securing two officers. By a mathematical calculation it will take upon this subject, but if the Convention desires, this portion can be about a month longer to organize, voting in the way we have heretofore. recommitted and the balance of the report adopted. My experience teaches me that voting for two at a time greatly facilitates business, when it takes the Secretary three quarters of an hour to call the roll once.

MR. BLACKMER. The point I made was that the mining interest was of vital importance and that it came in conflict with the agricultural interest. I supposed the gentleman would take into consideration the character of the mining here. If they mine gold in Pennsylvania upon the plan we do here, then it is a parallel case. I do believe that this question ought to be separated.

MR. DUDLEY, of Solano. I move to amend the nineteenth clause by striking out the words "mining, manufactures, and commerce." MR. O'SULLIVAN. I move that we consider the whole report seriatim.

MR. EDGERTON. I do not see any particular affinity between the subjects of mining and manufacturing. The Chairman of the committee, when he says that it was supposed that it would be judicious to bring the friends of the mining interest and the friends of the agricultural interest together in consultation upon this subject, that by a comparison of views they might arrive at some solution of the question, has touched upon a point worthy of careful consideration, and I hope that the gentleman from Solano will withdraw his motion for the purpose of having this clause recommitted and considered further. There is certainly an affinity between these subjects, but if it is deemed advisable to separate them and have a standing committee on mining alone, they can make that report.

MR. DUDLEY, of Solano. With the understanding that that of the report is to be recommitted, I withdraw my motion.

MR. LARKIN. We are not responsible for the delay. We have not come here for the spoils, and we do not ask for any of them. We wish to organize this Convention and proceed to business. MR. MCCALLUM. I ask to have the list of candidates read. The Secretary read the list.

Mr. Huestis' resolution was adopted.

MR. BEERSTECHER. I would ask whether, under this resolution, it is necessary to put them all in nomination now.

THE PRESIDENT. Put them all in nomination before the vote commences.

MR. FREUD. By request, I have the honor to nominate for Assistant Secretary of this Convention Jas. J. Flynn, of San Francisco. Mr. Flynn is a young man of exceptional ability and integrity and a native of California. I hope this nomination will receive your generous consideration. MR. AYERS. I rise for the purpose of placing in nomination John McComb, Jr., of San Francisco, a young man who has had experience in public clerical office, and is well qualified to perform the duties of Assistant Secretary.

On motion of Mr. Estee, the special order for eleven o'clock was postpartponed until after the election of officers.

MR. EDGERTON. I now move that that part of the report be recommitted to the Committee on Rules, and that the remainder of the report be adopted.

MR. WICKES. The action of other States on this important question in their Constitutional Conventions could not be a precedent for us. Mining is a large and important interest in this State, and would seem to call for a special Committee on Mining. I do not see that there ought to be any conflict between the mining and agricultural interests, and we should endeavor to harmonize them as much as possible; therefore, I second the motion to recommit.

The motion of Mr. Edgerton prevailed, and the President announced the report adopted, with the exception of the nineteenth clause. THE PRESIDENT. The question now recurs on the motion to recommit the nimeteenth clause to the Committee on Rules.

MR. BARBOUR. I did not understand the motion to be to adopt the report.

THE PRESIDENT. The motion was regularly made and has been carried by the Convention. The question now is on recommitting the

nineteenth clause to the Committee on Rules. The motion prevailed.

MR. BARNES offered the following resolution:

Resolved, That when the rules and order of business for the regulation of this body are adopted and the standing committees appointed, five hundred copies thereof be printed for the convenience of members, and that the names and residence in Sacramento of the members be also printed therewith; that the cost of such printing be| paid out of the money appropriated by law for the expense of the Convention. MR. HAGER. The law provides that the printing shall be done at the State Printing Office.

At the request of the President, Mr. Boruck came forward and called the roll.

MR. O'DONNELL. I do not think the gentleman has a right to call
that roll. He is not an elected officer of this Convention.
THE PRESIDENT. The gentleman is out of order.
The result of the ballot was as follows:

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MR. BARNES. I withdraw the last part of it.

Glascock,

MR. TINNIN. I move that the resolution be referred to the com

Graves,

mittee on contingent expenses. That is a portion of the contingent Gregg, expenses.

Noel,

Hager,

Ohleyer,

Hale,

Overton,

The motion prevailed.

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FURTHER ORGANIZATION.

MR. WATERS. I move that we proceed to the election of Assistant Secretaries.

MR. BARNES. There is a special order for eleven o'clock.
THE PRESIDENT. It is moved and seconded that the Convention
proceed to the election of two Assistant Secretaries.
Carried.

MR. EDGERTON. I place in nomination E. F. Smith, of Sacramento. MR. WYATT. I desire to place in nomination for the position of First Assistant Secretary, the name of R. D. Pitt, of Los Angeles County. MR. HOWARD. I second that nomination. I have known Mr. Pitt for some time, and I regard him as every way competent and worthy of the place.

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MR. HITCHCOCK. I nominate George A. Thornton, of Sonoma. Farrell, MR. VAN DYKE. I move that both Secretaries be voted for at the same time.

Evey,

Lindow,

Finney,

McCoy,
Morse,

Vacquerel,

Walker, of Marin,

Wilson,

Freud,
Gorman,
Grace,

Nelson,

West,
Wickes,

MR. EDGERTON. I understand they are designated in the law as Assistant Secretaries. I move that each gentleman voting vote for two at a time.

MR. HUESTIS. I have introduced a resolution on that subject.
The Secretary read the resolution, as follows:

Resolved, That in the election of Assistant Secretaries of this Convention, two candidates be voted for at the same time.

MR. LARKIN. That will produce confusion, and delay this Convention more than double the time it would take otherwise, unless there has been a caucus and the matter is cut and dried by our friends on the

Barbour,
Berry,

Brown,

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MR. WILSON, of San Francisco. I have the honor to place in nomination for the position of President pro tem., a gentleman so well known throughout the State of California, and to all of us here, that any eulogy upon him seems to be entirely a matter of supererogation. I refer to the Hon. Isaac S. Belcher, of Yuba County. His character is so well known for probity, honor, fairness, and impartiality, that he cannot but make us an excellent President pro tem. I therefore place him in nomination before this body for that position.

MR. LARKIN. I rise for the purpose of placing in nomination for this position a gentleman from the southern portion of the State, who has been an old resident of the State, and if elected to that position I believe will make an excellent officer. I believe that he is a represen

tative man of the interests of the State, a true man in all the walks of life. I nominate N. G. Wyatt, of Monterey. The roll was called, with the following result:

Andrews, Ayers,

The roll was called on nominations for Sergeant-at-Arms, with the Barnes, following result:

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Biggs,

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Blackmer, Boggs,

Heustis,

Boucher,

Inman, Johnson,

Reed, Rhodes,

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Jones,

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Weller,

FOR WYATT.

Barbour,

Barry,

Barton,

Grace, Harrison, Herold,

O'Donnell,

O'Sullivan,

Reynolds,

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FOR KNOX.

Bell,

Howard,

Smith, of San Francisco,

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Mr. SHERWOOD was declared to be duly elected Sergeant-at-Arms. MR. O'DONNELL. I now move that these clerks that were elected walk forward and take their seats at the desk.

MR. EDGERTON. The law requires that these gentlemen shall execute a bond before entering upon the discharge of their duties, and that bond has to be executed.

THE PRESIDENT. The Convention will proceed to the election of a President pro tem.

MR. BARNES. I would suggest, as the Secretary has a very bad cold, that until the balloting is over Mr. Boruck continue at the desk. THE PRESIDENT. It is so ordered.

MR. BELCHER was declared to be duly elected President pro tem. THE PRESIDENT. Nominations are in order for Minute Clerk. MR. CAPLES. I rise, Mr. President, to place in nomination for the position of Minute Clerk, E. L. Crawford, of El Dorado County. I believe I may be permitted to say, Mr. President, that Mr. Crawford is eminently qualified to fill the duties expected of him in this position. He has served several terms in a similar capacity in this chamber, and I believe that gentlemen who are conversant with his record and his ability will bear me out in the assertion that he is eminently qualified to discharge the duties of that position.

MR. BEERSTECHER. I present the name of J. C. Leonard, of San Francisco.

MR. O'DONNELL. I move that we adjourn until two o'clock P. M. Lost.

The roll was called, with the following result:

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Barnes,

FOR CHAMBERS.

Harvey,

Hilborn,

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Pulliam,

Reddy,

Reed, Rhodes,

MR. CRAWFORD was declared duly elected Minute Clerk. MR. HALL. I beg leave, sir, to present to the consideration of this Convention, for the office of Journal Clerk, the name of George E. McStay, a resident of the County of San Joaquin. I can vouch for him myself, personally, as being a man of honor and probity, and one that, in my judgment, is altogether qualified to discharge the duties of this position. He is not widely known, sir, but he is favorably known where to be favorably known is the highest honor-among his friends and neighbors at home. I believe, sir, that if George E. McStay shall be the choice of this Convention you will find in him an honest, painstaking, faithful, and efficient officer. I ask for him the favorable consideration of this Convention.

MR. BARRY. It would seem like a waste of time for any gentleman upon our side to mention any one for a position in this Convention, but at the same time I have a gentleman who is eminently fitted for this position by nature, education, and experience. For several years prior to coming to this State he filled the position of Assistant Secretary in the Nebraska State Senate, and discharged the duties of that position with credit to himself and that body. The gentleman I place in nomination is J. R. Patrick, of Sierra County. He is a gentleman in every sense of the word, and I am satisfied that if he were selected by the members of this Convention as Journal Clerk, he would discharge the duties in an efficient and able manner.

Belcher, Berry, Biggs, Boggs, Burt, Caples, Chapman, Charles, Cowden, Crouch, Dudley, of Solano,

Inman, Johnson,

Jones,

Kelley,

Keyes,

Lane,

Lewis, Mansfield,

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McConnell, McFarland, McNutt,

Townsend, Tully,

Mills,

Turner,

Dudley, of San Joaquin, McCallum,
Dunlap,
Edgerton,
Estee,
Estey,
Fawcett,
Freeman,
Glascock,
Graves,
Gregg,
Hager,

Moreland, Murphy,

Nason,

Noel,

Ohleyer,

Overton,

Porter,

Prouty,

FOR DONNELLY.

Grace,

Van Dyke,

Van Voorhies,

Waters,

Webster,

Weller,

Wilson, of Tehama,

Wilson, of 1st Dist. Winans-78.

O'Donnell,

Hale,

The roll was called, with the following result:

Hall,

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Harrison,

O'Sullivan,

Herold,

Reynolds,

Herrington,

Ringgold,

Bell,

Hughey

Smith, of San Francisco,

Blackmer,

Hall,

Mills,

Condon,

Hunter,

Soule,

Boggs,

Harvey,

Boucher,

Hilborn,

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Stedman,

Davis,

Kenny,

Sweasey,

Burt,

Hitchcock,

Nason,

Dean,

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Noel,

Dowling,

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Chapman,

Holmes,

Ohleyer,

Doyle,

Lavigne,

Charles,

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Evey,

Lindow,

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McCoy,

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Morse,

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Pulliam,

Freud,

Nelson,

Dudley, of San Joaquin, Kelley,

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Dunlap,

Keyes,

Reed,

Edgerton,

Lampson,

Rhodes,

Estee,

Larue,

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Estey,

Lewis,

Schell,

Blackmer,

Howard,

Fawcett,

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Neunaber,

FOR MILLER.

Vacquerel,

Walker, of Marin,
Wellin,
Wickes,
White,
Wyatt-48.

McComas, Tinnin, West-10.

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MR. WILSON, of San Francisco. I find that in some cases we make Walker, of Tuolumne-5. haste by moving slowly. I am satisfied that this adjournment embraces

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72

78

48

10

5

MR. CHAMBERS was declared to be duly elected Assistant Sergeant- enty-three members. Now, if anybody thinks the Chair has not got

at-Arms.

ON ADJOURNMENT.

MR. ESTEE. I move that when we adjourn to-day we adjourn to meet on Monday, at one P. M. The reason for my motion is this, that the Chair has had no opportunity to appoint committees. There would be no reason for sitting here; there is nothing that could be done. I hope that the motion will prevail, as it will take at least a couple of days to complete the rules. The rules that govern a body of this kind are very different from the rules that have been adopted by the Assembly, and therefore I hope that this action will be taken by this Convention.

MR. BEERSTECHER. I would call attention, sir, to the provision in the clause, namely, section five of the Act calling this Constitutional Convention: "Provided no compensation shall be allowed delegates after the expiration of one hundred days. No pay shall be allowed for any recess longer than three days at one time." I desire to oppose this motion, and call for the ayes and noes.

MR. ESTEE. I wish to state, first, that there are only three days; and, second, that I do not know as anybody wants any compensation if they do not do anything. It is only three days from now until Monday. MR. HAGER. The rule that has been adopted heretofore in the Legislature, with the same clause in the statute, has been that an adjourn ment for more than three days could only be had by a concurrent vote of the Senate and Assembly, but in the other case it requires a mere vote of either chamber. It was held there, on various occasions, that we could adjourn from Friday until Monday; but if we adjourn to-day, it is beyond the three days. Sunday counts as a day. I would therefore move to amend so that when we adjourn to-morrow morning at recess, we adjourn until Monday. We may probably not get through with this Phonographic Reporter matter until to-morrow morning; and if it is late this afternoon, nobody could go down to the city. I propose that we adjourn to-morrow, after the morning hour, until Monday.

but three days; we are here to-day, Thursday; we will be away on Friday, Saturday, and Sunday; we will be here again on Monday. It will not be an adjournment for more than three days. It is really a question of only Friday and Saturday, because we would not work on Sunday. I have obtained from the Chairman of the committee on standing committees a memorandum as to the number of appointments the President has to make upon these committees. There are some twentytwo committees, involving the appointment of two hundred and sevquite an arduous duty to perform, he is mistaken. The Chair will desire to select men of experience as Chairmen of these several committees. He wants to distribute the labor among these several gentlemen that are here. For Chairman of the Committee on Agriculture he wants a gentleman experienced in that line of business, and so with the other committees. I should not myself like, in two days, to arrange the organization of these committees, and who would announce himself as able to fill properly these committees within two days time? Besides that we have the rules and regulations. The law does not require us to work nights and Sundays, but we worked pretty faithfully since last Saturday. We have been here days and nights and I think we will save time by taking the adjournment. I think we will save money by it, and we will be in a better condition on Monday to facilitate business than if we proceed to-day.

MR. LARKIN. The position the gentleman takes as to the duties imposed upon the President, is obviated by the fact that we have a distinguished gentleman as President pro tem. The Chair can turn over the duties of that position to him, and then we can proceed; and the main reason why we should proceed, is to fill these vacancies. These vacancies should be filled before these committees are made up. We should proceed to that work of filling the vacancies. The Chair, during the time, can prepare the committees, and the President pro tem. can fill the chair. MR. REYNOLDS. It seems to me that there is no need of adjourning over until Monday. There is a vast amount of business on our hands here that can just as well be disposed of now as any other time. Here is not only the question of filling vacancies in the Convention, but also the matter of reporting and printing the debates. That is a question which will require, perhaps, one, or two, or three days to settle, if the experience of yesterday is any guide to go by. We have to determine first, whether we will have a reporter or not; whether he will report the debates verbatim or not; and then we have to make provision for printing them. That is another question.

MR. DUDLEY, of Solano. I move we now take a recess until two o'clock.

ing.

MR. HAGER. A motion to adjourn itself is a privileged question. A
motion to adjourn to a fixed time is not, and we have a question pend-
MR. EDGERTON. I move that the matter under consideration be
made the special order for half-past two o'clock this afternoon.
MR. WILSON, of San Francisco. We had better make it two.
MR. MURPHY. Make it two o'clock.

MR. EDGERTON. I accept the amendment.
The motion prevailed.

On motion of MR. LARKIN, the Convention took a recess until two
o'clock P. M.
AFTERNOON SESSION.

The Convention reassembled at two o'clock and fifteen minutes P. M., President Hoge in the chair. Roll called and a quorum present.

MR. BARBOUR. I shall vote against this proposition to take this recess until I see a better reason assigned than want of time to prepare rules. I presume there is not a gentleman in this Convention that cannot in an hour's time prepare, from the innumerable rules already in the State Library, a set of rules sufficient for the government of this Convention. I maintain, sir, that we have no right, unless for a more potent reason than that of our own business, to adjourn over, and to draw the pay from the treasury for being here, there, and everywhere, when we are expected to be here performing the duties we have been called to perform, and that is, preparing a Constitution. I further object, sir, to this adjournment, because this Convention is not yet properly or sufficiently organized. There are vacancies here to be filled, which ought to be filled. Portions of the people of this State are unrepresented. I insist that these vacancies ought to be filled. Therefore I shall oppose this motion. I cannot see any reason for this adjournment that is worthy of consideration. MR. WINANS. The language of the Act is, that members shall draw no pay for an adjournment of more than three days. If we adjourn on Thursday afternoon until Monday, the recess is during Friday, Saturday, and Sunday, because we meet again on Monday. By no possible interpretation that I can comprehend, can that be construed into a four days adjournment-from Thursday afternoon until Monday morning. There are but three intervening days. If we leave here on Thursday, or cease work here on Thursday afternoon and resume on Monday, we have a recess of more than three days. It is certainly very important that there should be an opportunity for completing our organization, and the reason for the adjournment is as much on account of giving the President time to arrange his appointments as for the Committee on Rules. Three days would be none too long. I shall therefore support the resolution, and I think that every member, on reflection upon the subject, when he considers how much there is to be thought of outside of the action of this body, will see that three days is not too long for us to consider what to do and take steps to complete our organization by getting a full report of this committee, and the action of the Chair in refer-will say a few words. ence to the appointment of committee.

MR. ESTEE. I will withdraw my motion.

THE PRESIDENT. The gentleman cannot withdraw a motion without consent of the Convention. The question is, on the adoption of the resolution offered by the gentleman from San Francisco, Mr. Estee. MR. MCCALLUM. I cannot agree at all with the idea that there is not work enough for the balance of this week, however pleasant it may be for us who live in the neighborhood of the Bay to visit our homes. With such a presiding officer as we have, we can, in fact, proceed with out special rules until the work of the Convention is laid out. And, sir, the special rules-if there is always parliamentary law for all parliamentary bodies-these special rules can be adopted, I undertake to say, in a session of two hours of the Committee on Rules; my idea is that that committee ought to report to-morrow. These rules will perhaps involve some discussion. That will take some time. That ought to be settled this week. I think, further, that these important committees ought to be appointed before the adjournment this week. I believe further, sir, that these vacancies ought to be filled before these important committees are appointed. So it cannot be that the adjournment is wanted for want of business to do, if we want to do it.

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A QUESTION OF PRIVILEGE.

MR. WHITE. Mr. President: I desire to ask for a privilege, and to take your attention for a moment. A gentleman on this floor is reported in the morning papers of San Francisco to have made a most unwarrantable attack upon about one third of the members of the Convention, and I desire to say a word in reply.

MR. BARNES. Mr. President: I rise to a point of order. It is not his privilege to make a speech, but to state the matter of complaint, or submit it in writing. MR. WHITE. I ask the Secretary to read the passage of which complaint is made. THE PRESIDENT. The gentleman will please state his question briefly, without any remarks. MR. WHITE. I ask the Secretary to read the remarks, and then I

The Secretary read the following, being a quotation from the San Francisco Call's report of last night's Non-Partisan caucus:

"S M. Wilson said that members of all the different parties had been elected in opposition to the Workingmen's party, and they had fifty-one solid votes on every question, being well organized. Thus, every day, two thirds of the Convention are beaten by one third, and the reason is they did not know one another. All have a mine the State. common cause against Socialists and Communists, who are endeavoring to underDo we know what is taking place among those Communists who are meeting in other chambers? Of course not, because they are in private. The small number wields for good or evil the destinies of the Convention. It is proposed to harmonize views, and see if we cannot elect the best men, without wrangling." THE PRESIDENT. The Chair decides that this is not a question of privilege, having been spoken outside of the Convention. MR. WHITE. Very well, sir, I appeal from the decision to the house on that question.

MR. WYATT. I second the appeal.

The ayes and noes were demanded by Messrs. Beerstecher, O'Sullivan, and Wyatt.

MR. HALE. Is the question debatable?

THE PRESIDENT. I will state the question. The gentleman from Santa Cruz rises to a question of privilege, and has read an extract from

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