Monday, March 26, 2007

Day 6: October 6, 1878 (afternoon)


White (W) raises a question of privilege because the S.F. papers have a comment from a delegate who has made “a most unwarrantable attack upon about one third of the members of this Convention.” (p. 40) Barnes says a privilege is to be stated briefly or in writing, not as a speech. White sends up the passage which is the subject of the complaint and the Secretary reads it: “S.M. Wilson said that members of all 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 common cause against Socialists and Communists, who are endeavoring to undermine the state. Do 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 this Convention. It is proposed to harmonize views, and see if we cannot elect the best man, without wrangling.” (p. 41).

The President says since this was spoken outside the Convention, it’s not a matter of privilege. White appeals this, and ayes and noes are demanded by Beerstetcher, O’Sollivan, and Wyatt. White says “we ought to be allowed to relieve ourselves from accusations coming from individuals as well as from the public journals.” (p. 41) McFarland opposes this, because it would mean the convention would be “pestered with questions of personal privilege,” and certainly privilege should not apply when the comment is about a political party rather than an individual. Inman says this is all out of order and moves to table the matter. This prevails, 70-66. Beerstetcher says this vote has not been accurately counted, but nothing is done about it.

The matter of a shorthand reporter is the special order, and the section of the committee report is read. It says a shorthand reporter should be chosen, who can have an assistant, and they shall transcribe longhand at 20 cents per page, with a $6,000 maximum, and must post a $10,000 bond. (Estee moves to add Barnes to the Committee on Rules, and this is agreed to. The matter about adjourning to Monday is tabled.)

Ayers explains that the State Printing Office will publish the reports, which he estimates at $2,000 if it comes to 800 pages, as the Illinois and Ohio conventions did, and assuming a 1,000 copy print run. Fawcett asks if the California Convention lasts 100 days, how many volumes would it take? Ayers says the Ohio convention was 1,333 pages, but he doesn’t know how long it was in session. Fawcett says he thinks it will be at least three volumes. Ayers says he’s been told the Ohio convention was in session 190 days.

Fawcett says he guesses 5 volumes for the California Convention, so it would be safe to guess it will cost more than $10,000. The total expense as much as $15,000. It’s absurd to guess less than $2,000.

Ayers acknowledges his are rough estimates, but if we want accurate figures, we should appoint a committee to study the matter.

Rolfe says we are limited to 100 days, so it is reasonable to guess 2 volumes. Swing says the Ohio convention lasted 188 days, and the reports cost $13,695.78. The printing was a little more than $8,000 Since “this Constitutional Convention cannot be in session more than 75 or 80 days,” it’s reasonable to guess $8,000 to $10,000.

Larkin moves to table all of this, but Hager contends that the Act requires them to choose a reporter. Inman says, “These gentlemen are not going to stop here for a month and report our proceedings for nothing. I would like to know the gentleman’s object. I can’t see no reason for such a motion. I would like to have him state the object. If it is only for delay I hope the gentleman will see the impropriety of it. Let us get down to business. This is only buncombe. For my part I have had enough of their buncombe.” (p. 42). Larkin withdraws his motion and recommends returning the matter to the committee. This is agreed to, and the convention adjourns.