Barbour offers a resolution that delegates from the second congressional district and from San Francisco name people to fill the vacancies created by Haight's death and the resignation of Morris, and that the convention elect a delegate for Maripos and and Merced. In both cases, the convention would reserve the right to reject nominees.
Dudley (R) moves to table it, but Barbour, Beerstetcher and White call for yeas and nays. Hillborn (R) objects that the convention cannot delegate this power to the San Francisco delegation. The chair agrees, because the enabling act only allows the convention to fill vacancies. Barbour appeals this.
The law says that "in case any vacancy occurs...the same shall be filled by the convention." Ayers says this doesn't forbid delegation.
Barnes complains that folks in the back can't hear.
Barbour says the law doesn't forbid the convention from delegating its choice to the S.F. delegation, but they can't delegate the choice to the Mariposa/Merced delegation, because there is none, now that their delegate has died. The Convention retains the power to reject whomever the S.F. delegates might choose. "My object is...to take the struggle out of this convention." (p. 29). The S.F. delegates, he says, will choose James Sharpstein.
Estee: this resolution would only allow the 30 member S.F. delegation to choose someone, and the convention would have the authority to reject that person. These 30 representatives are Workingmen, so they'll choose a qualified person. But the resolution would not allow the convention to choose, and the convention should review the qualifications of every member.
Brown: I agree. It's not the convention's duty to set the S.F. delegation to doing business that the convention should be doing.
Cross: The law clearly says the convention shall fill vacancies, and that prohibits the chair or the governor, or anyone else from doing it.
Barbour withdraws his appeal, and the president reiterates that the resolution is out of order.
President names a committee on Rules and Order of Business: Estee (?), Edgerton (NP-R), Overton (NP-D), Mansfield (NP), Schell (NP-R), Berry (D), Fawcett (NP-R), Reynolds (W), West (W), Holmes (D), Dudley, Murphy (NP-D), Pulliam (NP-D), Tinnin (NP-D), Waters (NP).
Wyatt offers resolution to appoint a committee of 5 to set per diem rates. Van Dyke objects that no committee is needed, since the enabling act sets forth the rates. Edgerton moves to table the resolution. Wyatt says there's no way yet to get the money that's due, so "I want some way that the convention can unlock the strongbox of the state and get at some of that one hundred and fifty thousand dollars that is lying there rusting." (p. 30).
Hager explains how payment is to be made: the amount of pay is ascertained by the president, certified by the treasurer, and per diem may be drawn on allowance of the president. So we should await the formation of the Committee on Rules.
Caples seconds the motion to table, and it prevails.
The Committee on Organization reports, recommending several minor officers. Hilborn moves to add a night watchman, and Lewis asks why. Shoemaker says that they need one to guard their desks, since any key will open the desks. Biggs says they need a day watchman, too. A night watchman is agreed to. Van Dyke points out that a doorkeeper can act as day watchman. Beerstetcher: "I would like to know why we intend to employ three doorkeepers, a sergeant-at-arms, an assistant sergeant-at-arms, if they are not to perform these duties in the daytime at the salary they are to receive." (p. 30) Biggs withdraws the motion.
Ayers renews his motion to reduce pay to the stenographers from 20 c per day to 15. Freud seconds. Much discussion ensues, as to how hard the work is and how necessary. Hale points out that the 1870 Illinois Convention saved a lot of money by providing for "phonographic reporters," then publishing the debates daily for each member. Estee points out that the Illinois convention debates cost $57,552.50. Larkin says "the reasons why we adopt the constitution is the only matter that should be reported--only just such matters that are necessary to show to the future generations the reasons why this or that amendment was adopted, is all that should be paid for by the state..." All of this is just trifling debate, he adds. Dudley moves to refer the matter back to the committee. After a bit more discussion, it's finally sent back to committee, and the convention breaks for lunch.
In the afternoon, the committee on attaches reports. Boggs tries again to eliminate a stenographer, because the people of California are already overtaxed. "There is not one man in twenty who will ever read" these debates (p. 32). Later, Beerstetcher tries to reduce the number of doorkeepers. Filcher says they should eliminate them entirely, and Beerstetcher agrees.
Wilson says the committee had several former congressmen and state legislators, and they all thought doorkeepers were necessary. Larkin agrees, because the convention will have many committee rooms and all will need security. It's better to come up with a number of required positions first. Noel offers a resolution to put off discussion until Sunday and to move on to "legitimate business," which causes laughter in the hall. (p. 33). Freeman argues that the debates shouldn't be recorded--the journal is enough, and the only reason to record the debates is to "flatter the personal vanity of the members." (p. 33).
Barnes objects to this because "we are to consider some hitherto untried experiments in government," and that it's important to preserve the debates for the courts to use when interpreting the constitution. The "swarm of speechlets" should not go into the journal, but the reasons for the delegates' actions should be preserved, because "lawyers...are all aware that when we seek the construction of a clause in the constitution, it is of great assistance to resort to the debates of the convention which adopted it." McFarland says we should determine to take shorthand notes, but leave the matter of transcribing them for later.
Biggs says, it would be a waste to transcribe and print the debates during the convention. People call him the "watchdog of the treasury," but from the way the convention has been going so far, it needs more watching.
Heiskell says his constituents would be happy to see their money spent on this. White says, no they wouldn't: "they know that the Supreme Court of California decides these questions without any reference to the debates of members on this floor. Do you suppose they rule this way: 'Mr. So-and-so proposed such and such a thing in this convention?'" Huestis offers a resolution that the convention elect 1 reporter and such assistants as he deems necessary, and to be paid $5,000.
Estee suggests the whole subject be made a special order for tomorrow.
Reynolds points out that the Record-Union has a full transcript of yesterday's proceedings and it took up 5 columns. According to his calculations that comes to $38.90 per day. Now, "we should publish a verbatim report, or none at all.... The State of California can afford to py for it at these rates.... Stop this talk and get down to business. [Applause]" (p. 34).
Harvey suggests paying reporters $10/day and capping the total at $60,000. Murphy moves to just adopt the committee report except for the part on reporters. This carries. Murphy then moves to commit the reporter question to a select committee. This prevails, too. Beerstetcher moves a resolution requiring this committee to draft a contract, but rather than being adopted, this resolution is referred to the new committee. Nominations for sergeant at arms then begins, but after 3 ballots, none is chosen, and the president names to the committee on reporters Murphy, Filcher, O'Sullivan, Shoemaker, and Ayers. The convention adjourns for the day.
