Belcher, Chapman, Schomp, Winans, Hall, Farrell, Van Dyke, Shafter, Wellin, Dudley. Barnes, Strong, given leaves of absence. J. West Martin sworn in. Thomas McFarland presiding.
Hilborn sends up a resolution, but Estee then presents report from Committee on Rules and Order of Business, recommending creation of committees on (1) Agriculture, Manufactures and Commerce, (2) Mining, (3) the pardoning power, (4) tide water and navigable streams, (5) labor and capital, and (6) engrossment and enrollment. He moves for its adoption, but Caples offers a resolution. This is left on the secretary’s desk until the Committee on Rules report is dealt with.
Barbour moves to put the issue off until tomorrow, and to have the report printed. The chair explains that the committee has another report to present, and that report is then read.
Edgerton explains that on Friday or Saturday, the committee made a report listing several standing committees, and this new report recommends some more. The Convention wanted to separate the committee on agriculture and the committee on mining. Also, “at the request of the [Workingmen’s] party” the committee recommends a committee on labor and capital. (p. 58).
Ayers asks if there is a committee on lands in the original report. Edgerton says there is. Barbour explains that this is why he recommended having the committee reports printed—to avoid this sort of confusion. The Chair explains that the question now is on whether to postpone the matter and print the report. Reynolds recommends urges that this will save time. Edgerton says that Reynolds is “under a misapprehension” because the convention has already adopted most of the committee’s report, calling for “some twenty-five or twenty eight committees” that are ‘now the law of this body, and the President is now engaged in making up those committees.” (p. 58). So the question is merely whether to add these others. Estee agrees, and explains that this is a small addition that should not need to be printed. Reynolds echoes this, but Barbour explains that all he was asking for was to have “a list of the committees proposed up to the present time…printed and laid on our desks.” (p. 58). The Chair explains that the question now is only on whether to adopt the report regarding the six new additions to the list of committees. Barbour withdraws his motion to print the report. Debate continues on whether to print the entire report plus the supplementary report, or not.
Joyce: “[I]f there is any one thing more than another that deserves the consideration of this Convention, that subject is the Chinese subject. It is one that there has been no political party for the last ten years that has not given it serious attention; yet it seems that the committee has lost sight of it. It seems that it was not sufficiently important for our committee to create a special committee for that one subject. Now, I believe that it is paramount to all other subjects, and I desire that there should be a special committee on that subject alone, and I would now move that the Chinese subject have a special committee for itself.” (p. 59).
Edgerton explains that the report adopted the other day had a committee that covered the matter: the Committee on Immigration.
Joyce rejects this because “That affects the United States. We calculated to deal with its domestic relations with this State.”
Edgerton explains that the domestic matters will be dealt with by the Committee on Capital and Labor.
Shoemaker moves the previous question. Cross seconds the motion for a committee on the Chinese.
Johnson agrees that “the Chinese matter should be investigated,” but contends that the committees on immigration and labor can handle the matter. We should not make too many committees.
Beerstetcher says he has a resolution to offer, but Shoemaker points out that he has already moved the previous question. This is agreed and the chair says the first question is on whether to add an additional committee on the Chinese. As the voting proceeds, Barton says he will vote in favor of such a committee because the Committee on Immigration “is strictly and purely legislative in its bearings, and the subject of Chinese is one of local importance to us, which we are determined to handle in this Convention.” (p. 59). When his name is called, Caples says he is in favor of a special committee, but that it should be established later, not in the middle of adopting the committee on rules report, and that he will therefore vote no.
Estee: “I do not wish to explain my vote. I wish to explain to the Convention exactly how the matter stands…. [I]n the Convention the committee were unanimous in permitting one of the members of that committee, from San Francisco, if he so desired and if this house so desired, to move this house to have such a committee, and then he would necessarily be Chairman of the committee. And with due respect to that gentleman he does not now appear to care about being Chairman of that committee. I make this statement to show that the committee were not opposed to having one of the standing committees of this House investigate this question. It was done as a matter of propriety and delicacy, and it should not be charged that this committee were trying to evade it. The committee were unanimous in all these questions, and were unanimous in permitting, if the house saw fit, the fullest examination of the best committee that could be made to investigate it. I vote ‘aye.’” (59).
Freud says he believes the question is so serious it should have a committee of its own. Johnson says since there is some doubt, he will defer to those who want a committee on this subject. The motion to create a Committee on the Chinese prevails 120 to 4. The 4 no votes are Charles, Gregg, Caples, and Stuart. The rest of the report is then adopted.
The next report from the Committee on Rules is read. It explains that a sub-committee made up of Edgerton, Finney, Murphy, West, Waters, and Estee, prepared a set of rules which were then adopted by the committee unanimously. The report then lists some 73 rules including 30 standing committees. The reading of the report is dispensed with and 240 copies are ordered printed. Edgerton moves that the Committee on the Chinese consist of 15 members. Barton seconds, and the motion prevails. The rules report is made the special order for Tuesday at 2 p.m.
Herrington offers a resolution that each standing committee be required to furnish its own secretary from among its members. This is put aside, however, since the report already includes this. Caples calls for the reading of his resolution, But Hilborn says he offered a resolution first. The President recognizes Caples. Hilborn insists on his resolution being read first. The President says he doesn’t remember recognizing Hilborn. “It does not matter which resolution was received first, he was not recognized by the Chair. The gentleman from Sacramento [Caples] has the floor.” (62)
Hilborn: “I was recognized. The report was sent up and I claimed the attention of the Convention, and that being disposed of, I claim my resolution comes next.”
The President: “This is a matter of no importance. The Chair has recognized the gentleman from Sacramento.”
Tully: “I think it is a matter of justice.”
Tinnin: “I am positive that [Hilborn] sent his resolution to the desk first and that he was recognized by the Chair.”
McCallum: “I wish to add my testimony as to the question of fact—”
Edgerton: ‘I rise to a point of order. The Chair ha already decided.” (63)
The President: The Chair recognized the gentleman from Sacramento.”
Caples: “The gentleman can appeal.”
Hilborn: “I appeal from the decision of the Chair.”
The President: “The Chair understands it to be the province of the Chair to recognize the first person addressing him. My recollection is distinct that I recognized Mr. Caples.”
McCallum: “That was the point I was making when the gentleman called me to order.”
Hilborn: “The gentleman overlooks one thing; my resolution was properly before the House. It was not improperly sent up. I will, however, withdraw the appeal.”
Caples’s resolution is read—it is that J.P. Dray be appointed night watchman and paid the same as the doorkeepers.
Hilborn asks that his resolution be offered as an amendment. It reads that James Saultry be appointed night watchman, and paid $5 per day.
Edgerton: “I suggest that the gentleman move to strike out and insert.”
Hilborn: “No, sir, I want to fix this up to suit myself.”
White moves that one of the doormen be made night watchman because there are “more attaches now than are necessary. We have more Pages than necessary and more Porters and Gatekeepers than are necessary.”
Edgerton raises a point of order that the convention has already decided to refer all of this to the committee on contingent expenses.
Hilborn: “I think the gentleman is mistaken. I don’t think we passed any such resolution.”
President: “I don’t think there is any standing rule of that kind. But it seems to me that the Convention the other day resolved to leave the appointment of Night Watchman to the President of the Convention. I am so informed.”
Hilborn says that although the convention did decide to have a night watchman, the portion of the resolution allowing the president to name one was left out of the resolution adopted by the convention, so the chair does not have the authority to choose a night watchman.
Barbour offers a resolution as a substitute. Hilborn moves to send the entire matter back to the committee. But Barbour’s resolution is read. It says that the convention should dispense with the services of two side doorkeepers and the mail carrier. These offices, he says, are entirely unnecessary. “I believe in economy and reform, and every time a gentleman moves for a clerk, I will move to strike off one of them.”
McCllum says Barbour’s motion has nothing to do with Hilborn’s motion, and he instead moves to send the matter back to the committee on contingent expenses. This motion prevails.
West offers a resolution asking for a committee on Land and Homestead Exemptions to be created. Estee moves to refer this to the committee on rules, and that is done.
Herrington offers the resolution requiring each standing secretary to choose its own secretary, and asks that it be referred to the committee, and it is.
Barbuor offers a resolution asking for a committee on the judiciary, and this is also referred to the committee.
Shoemaker offers a resolution that a member of each committee be required to “do the Porter’s work in the committee rooms,” and this is referred to the committee on contingent expenses.
The convention adjourns.
