bodily health, and utterly powerless to exclude those moral ulcers on the body politic which corrupt its vitals and demoralize its members. If there is any one subject from which this Court should abstain from any course of reasoning, tending to expand the granted powers of the Constitution so as to bring internal police within the law or treaty-making power of the United States, by including within the prohibition on the States, it is the one now before us. Nay, if such construction is not unavoidable, it ought not to be given, lest we introduce into the Constitution a more vital and pestilential disease than any principle in which the relator could be rescued from the police power of Vermont, would fasten in its institutions, dangerous as it night be, or injurious its effects. Should an adjudication, so fearful in its consequences, be made in a case of kindred nature with this, the people and States of this Union will plant themselves' on the impregnable positions' taken in the opinions of this Court, in the cases quoted; and, standing on grounds thus consecrated, refuse to surrender those rights which we had declared to be complete, unqualified, and exclusive." I say, Mr. Chairman, that the treaty with China only cuts this figure in this argument, that wherever Congress had the right to enact a treaty with China, giving them the rights of immigration to this country or to this State, that it did not extend to the right of giving them the power of immigration as to effect a result which would be disastrous to the people of this State. And I will further say, that there is an element in this Chinese population; there is an element in this question which I believe, when taken to the Supreme Court, will cut a very large figure in their decision, and that is that they do not come here voluntarily as immigrants, but that they come here under contract; that they are in effect slaves; and that they are not the character of people that it was ever contemplated that the hospitality of our territory should be extended to. REMARKS OF MR. RINGGOLD. MR. RINGGOLD. Mr. Chairman: I will be proud when the time comes when men will stop taking middle ground. If the State has no right to regulate its internal commerce, it is no longer a State but a dependency. I wish to refer to the statement of the Chairman of the Committee on Chinese. If I understood the Chairman right, he said that the reason the ballot was given to the freedmen of the South was because of fear of its turbulent spirit and as an act of justice. From my own standpoint of American polities it was nothing of the kind. If it had been anticipated that the freedmen of the South would have voted the Democratic ticket and put them in power, we would never have heard of any such sublime virtue. It was given for the purpose of offsetting the Democratic party of the South, and perpetuating the reign of the Republican party in the councils of the nation. It seems to me that the diversity of interest in the American Union is so wide that if we do not stand by the principle of popular sovereignty, it will result in the destruction of the nation, and I hope that the gentleman will withdraw such a miserable attempt at a compromise as he has offered this morning. MR. MCCALLUM. I offer a substitute for section five. "No 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, shall be permitted to settle in this State after the adoption of this Constitution." MR. FILCHER. I raise the point of order that the amendment is out of order, because it is covered by the provisions of a previous section. THE CHAIRMAN. That does not make it out of order. MR. WHITE. I move the previous question. MR. MCCALLUM. I withdraw the amendment. MR. MCCONNELL. I move to amend section five by striking out the last four words, "adoption of this Constitution," and inserting the year eighteen hundred and eighty-five," so that it will read "no person who is not eligible to become a citizen of the United States shall be permitted to settle in this State after the year eighteen hundred and eighty-five." words " The amendment was lost. THE CHAIRMAN. If there be no further amendments to section five the Secretary will read section six. THE SECRETARY read: 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, 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 iurisdiction of the MR. REYNOLDS. I have a substitute for section six. THE SECRETARY read: "No alien ineligible to become a citizen of the United State permitted to catch fish in any waters under the jurisdicti State, nor to purchase or hold any real property in this Stat contracts of conveyance or lease of real property to any such al be void." MR. LARKIN. I accept that as an amendment, and with amendment. MR. HERRINGTON. I have an amendment to offer. THE SECRETARY read: "Amend section six as follows: Strike out the first part of tl down to and including the word license,' in line five, and lieu thereof the words no license shall ever be granted to an lian or Chinese.' Also, strike out the word foreigner' in the ing part of the section wherever the same occurs, and inse Mongolian or Chinese.' Also, after the word State,' in 1 insert the words 'nor kill or take game at any place therein the section shall read: No license shall ever be issued to a golian or Chinese to carry on any business, trade, or occupatic State, nor shall such license be granted to any person or co employing them. No such Mongolian or Chinese shall have to catch fish in any of the waters under the jurisdiction of nor to kill or take game at any place therein; nor to purchas lease real property in this State; and all contracts of conveyan of real estate to any such Mongolian or Chinese shall be void. MR. HERRINGTON. Mr. Chairman: I think that embrac was intended to be embraced by the committee when they r report. Thus it corresponds with the provisions of the secti have been adopted by striking out the word "foreigner," givi formity and consistency with the sections already adopted. amendment to the amendment will be adopted as read. I The amendment was lost, on a division, by a vote of 41 ayes t the gentleman from San Francisco, Mr. Reynolds. THE CHAIRMAN. The question recurs on the amendment MR. WEBSTER. I move to amend section six so as to read a Foreigners ineligible to become citizens of the United St not have the right to purchase, own, or lease real property in and all contracts of conveyance or lease of real estate to foreigner shall be void." say but a few words now. I have been satisfied to sit here and I have had nothing to say on this question so far. I do not the arguments which have been presented. It is the legal the subject which we want; and I believe that it has been fu that this amendment is legitimate and can be sustained. I an of going to the extent of the law, and no further. I believe, sir amendment is sustained for several reasons. It is claimed provision in the treaty the inhabitants of China shall have th travel and residence in the State of California. The idea of re transient. as I think, and I am borne out in this statement by the given by Bouvier's Law Dictionary, second volume, page four and sixty-eight. There is a difference between a man's residen domicile. He may have his residence in Philadelphia, and have his residence in New York; for although a man can hav domicile he may have several residences. A residence is transient in its nature; it becomes a domicile when it is tal permanent. Now, sir, I hold that under that treaty, and the e that are made to it, we can prohibit them from holding or le estate in this State. So far we can go, if no further. There a tions, although it is claimed in the body of the instrument tha entitled to all the rights, privileges, and immunities of the mo nations. There are exceptions, because it turns round and they shall not be entitled to the same rights and immunit expressly prohibits their naturalization. Now, sir, I have said nothing on this subject, but I fully cor the evil to the fullest extent which has been claimed here. I it in San Francisco to the fullest extent. And there is one th sir, that fully convinced me that the Chinamen are able to prosper upon the fare of horses and run the country beside You can go into the markets there in San Francisco and in eve reason: they learned to pool their issues when Kearney w of turnips they pool their issues and buy in quantity. Th Chinaman for the same material less than one half what the San Francisco pay for the same material. I have seen it the can see women and children, half naked and starving, foll Chinamen around with the baskets picking up the refuse. Y it any day. I will turn for a moment to another part of the subject whic been touched upon. The great farmers of the country have this evil yet. Their time will come by and by. The horticu the country are driven to the wall by them. I have been one vocation is gone, because I cannot compete with them in ra kind of product. They can rent land right under my nose twenty dollars per acre per annum and run me out of my That is the condition of the horticultural interest of the Sta It is to that extent that the farmers of Santa Clara are driv business. upon the Chinese to fish in the waters of the State. I would ask you if there is any objection to including that inhibition in the section? MR. WEBSTER. I do not believe that we have the power to do it. I say when you do that you go beyond the authority of this State. Now, sir, I believe that a revolution in sentiment everywhere is coming upon this as well as the people East of the Rocky Mountains. I believe that the election which will be holden here next Fall upon this question will have a great bearing upon the action of Congress, where the vote upon this direct question-Chinese or no Chinese-is to be taken. And I believe that a memorial to Congress will also have its influence; and I believe when it is understood that distress has overtaken this State, which in the last thirty years has added more wealth to the commerce and the coffers of the nation than any State in the Union, or country in the world-according to its size; that when the people of the North, with whom we stood shoulder to shoulder in the great struggle for national life; when the South in their great calamity, which occurred just a few months ago, and we poured out our money and sympathy a freely as the gentle dews fall from heaven; and when the people of the whole country see as we stand here driven to the verge of constitutional law, and now upon the line between constitutional, State, and national rights-that when they see us in this position, with one hand pressing back the hordes of Asia, and with the other upholding and defending the Federal Constitution, that they will meet us at the threshold and assist us in driving this curse from the land. REMARKS OF MR. BEERSTECHER. MR. BEERSTECHER. Mr. Chairman: I do not desire to speak on this subject to any extent, but I favor the amendment proposed by the gentleman from San Francisco, Mr. Reynolds, for the reason that he embraces the inhibition against the Chinese fishing in the waters of this State, as the fisheries are gradually passing into the hands of Chinese, and in a few years the Chinese will be the only fishers in the State. There is no doubt in my mind about our right to control the fisheries and say who shall fish in the waters of this State. I call the attention of the committee to a note to section one thousand and seventy-three of Story on the Constitution, the last edition by Judge Cooley. It is there stated: "The State may control the fisheries within its limits and confine the privileges thereof to its own citizens." He cites a number of cases in support of the statement. Mr. Cooley, in his Constitutional Limitations, on page 524 says: "The rights of which we here speak are considered as pertaining to the State by virtue of an authority existing in every sovereignty, and which is called the eminent domain. Some of these are complete without any action on the part of the State; as is the case with the rights of navigation in its seas, lakes, and public rivers, the rights of fishery in public waters, and the right of the State to the precious metals which inay be mined within its limits." There is no doubt about the right of the State to say who shall fish within the waters of this State. The amendment offered by Mr. Webster is the same as the amendment offered by Mr. Reynolds, with the exception that Mr. Reynolds says that no Chinese shall fish in the waters of this State. I believe that we have a right in law and in justice to put this inhibition in the Constitution, and therefore I am in favor of the amendment of Mr. Reynolds in preference to that of Mr. Webster. It includes an inhibition that we can legally make. MR. RINGGOLD. Mr. Chairman: Neither the original nor the amendment covers the question. Both say "foreigners ineligible to become citizens." The Chinese are not so. ized now. There are Chinese natural REMARKS OF MR. HALE. made for the alienation of any of the lands generally known and classed as mineral lands, being part of the public domain. By a series of Acts, commencing July twenty-sixth, eighteen hundred and sixty-six, and running down to either eighteen hundred and seventy or eighteen hun dred and seventy-two, the last Act upon the subject, the right to occupy the public lands of the United States for the purpose of mining, for delving for minerals, the right of occupancy, and the right to purchase ultimately and to take title by patent, is limited to citizens of the United States, and those who have declared their intentions to become such. And, sir, if you will look through the body of our law providing for the alienation of agricultural lands, by preemption and homestead, you will find that the right is nowhere extended to any others than citizens of the United States, and those who have declared their intentions to become such. I, therefore, take the view of this policy as manifested by the government of the United States, that we are not in want of harmony with the government, that we are not in conflict with the spirit or letter of the Constitution when we put into the framework of our Constitution a prohibition equally applicable to all foreigners who are not eligible to become citizens of the United States. Now, if we look through the body of our Federal law, we will find that there is nowhere an authorization to acquire property from the government except in favor of citizens, and those who have declared their intentions to become such. We are, therefore, within the limits of that rule, because we only prohibit those from acquiring title to real property who are ineligible to become citizens. Mr. Chairman, I should be very glad to vote for the amendment offered by the gentleman from San Francisco. Mr. Reynolds, if I believed that we could safely go so far. I am not satisfied that we could do that. I do believe, however, that we can go to the extent of prohibiting those persons ineligible to become citizens from acquiring a title, either in fee or by lease, to real property in this State; and if we do that we shall have effected some direct relief, something very potent towards the exclusion of this class of people from our coust. I hope the amendment of the gentleman from Alameda, Mr. Webster, may be adopted by the committee. REMARKS OF MR. BELCHER. of the committee further than to say that I do not think we can right- too far. MR. BELCHER. I do not know how it may be in China; but I know we permit the citizens of other nationalities to lease and occupy real property here, and we permit the inhabitants of China to come here under this treaty and to have all the privileges of other nations. Now, MR. HALE. Mr. Chairman: I seconded the amendment offered by how they are to come here, and live here, unless they can occupy real the gentleman from Alameda, Mr. Webster. As has been said by many property, lease real property, and hold real property for the time, is gentlemen, I would be willing, for one, to go just as far toward the more than I can see. I am in favor of the clause that prohibits the exclusion of Chinamen from residence and from all classes of employ-Chinaman from fishing in the waters of the State. I think we can do ment in the State of California as I think we are able to do consistently that, where they are engaged in fishing. I am in favor of prohibiting with the oaths we have taken to support the Constitution of the United that; and I am in favor of prohibiting their purchasing or holding land. States. I have no desire, sir, to attempt a discussion of the question I would be in favor of prohibiting the leasing, if I thought we could do broadly; suffice it to say that, after listening to many eloquent gentle-that. Now, of course, back of this is the question as to the mass of the men on this subject, I believe that the judgment of the men, women, people coming here; but if they have the right to come here and settle, and children of the State of California, and of the whole Pacific Coast, and live here, then they have the right to lease property to live upon, can be epitomized in one brief sentence, that they are prepared to do all and must occupy it for the time. I think we go too far in saying that within their power to prevent in the future the increase of Chinese popno land shall ever be leased by any of these men. I suppose no one Now, sir, taking this view of it. I take it that it here is in favor of this section six. I hear nothing in favor of it, and is the united voice and wish of the people of this State who sent us therefore shall say nothing against it. here, to frame an organic law, to do all in our power consistent with our allegiance to the Government of the United States, and to the laws and treaties of the United States, to avert the evils of Chinese immigration. I believe, sir, that it is within our power to prohibit foreigners not eligible to become citizens of the United States from purchasing or leasing real estate within the State. I am not unaware, Mr. Chairman, that there is some doubt upon legal authority, and high legal authority, upon this proposition; yet, after having examined this question in the past, and having listened with such attention as I have been able to, to the arguments made upon the subject, I have yet to hear that which changes my previously formed opinion upon the subject, and that is that it is within our power to make that prohibition effective. ulation on this coast. An objection may be raised in regard to the obligation of the State not to interfere with the power of the General Government to dispose of public lands in this State; but, sir, it may be noted in the laws of the United States providing for the alienation of the public lands belonging to that government within our limits, there are no provisions by which these lands are provided to be sold by the government, except to citizens of the United States, and those who have declared their intention to become such. For instance, it will be remembered by the lawyers on the floor that until eighteen hundred and sixty-six, no provision was REMARKS OF MR. DUDLEY, OF SOLANO. MR. DUDLEY, of Solano. Mr. Chairman: This committee has in its wisdom refused to strike out section five. That section reads: "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." It seems to me, Mr. Chairman, that is going nearly as far as the most radical would deem it necessary to go. It is an acknowledged fact by everybody that these Chinamen are here. It is generally conceded by all citizens that they are obnoxious to the interests of the State; that they are obnoxious to the people of the United States generally, from various causes. But they are here. One gentleman stated here several years ago, and made himself very obnoxious by saying it, that these Chinamen must either work, beg, starve, or steal. Now, it has been argued upon this floor that this Convention ought to so hamper these Chinamen that they cannot obtain a livelihood; that we ought to force them into the class of paupers and vagrants in order to make them come within the law. They propose to make them a burden upon the State of California-to make them an absolute burden upon the taxpayers of California. I would like to know how many of the taxpayers of California are willing to accept them. As to whether they should fish or not, I do not know whether it is a matter of any great importance, but I presume that the power to exclude them from fishing is the power to exclude them from any other business. Now, I am inclined to think that in the way of market gardening they come in more direct competition than they do in fishing. They must do something. The gentleman from San Francisco says they must go home, but many of them are totally unable to go home. They have not got the means to home. They have come here on the invitation of the United States, and there was a time when the people of the United States looked upon them as desirable immigrants-as a desirable labor element. I recognize the fact that that was a mistake-I believe that it was a mistake. go MR. HERRINGTON. Haven't they got ample room in the other States? MR. DUDLEY, of Solano. Undoubtedly they have; but the question is, whether the State authorities have the power to drive them from one point to another. They have been invited here by the people of the United States. The United States entered into treaty stipulations with them, guaranteeing them certain rights and privileges. As an enlightened nation, as a civilized people, we ought to be content with testing our power under section five, without attempting to make paupers of them, and place them as a burden upon the State treasury of California. As to this matter of leasing land, I think the gentleman from Yuba, Judge Belcher, is certainly correct in his view of that case, and I doubt if any measure of that kind will relieve us in any way whatever. The only relief that can be had is to stop their coming, and await the time when time shall remove them from among us. Their general disposition to get home as soon as possible, and the fact that they die off rapidly, will relieve California perhaps as fast as desirable, even to the labor eleinent of California. As to the argument of the gentleman from Alameda, that they run him out of business; that they can cultivate small fruits and market gardens, and sell their produce for less than any other class of people, then, of course, that class of produce is furnished to consumers at vastly less rates than it would be without them. That is true. Let them be swept away within a week, or within a day, and all these places left vacant, what is the result? Why, sir, the gentleman from Alameda, instead of cultivating his orchard and vineyard, would take it up and plow it and sow it to wheat; and every person, like the mechanic, who produces no vegetables, and who consumed this produce largely at the late prices, would be compelled to pay once. twice, or three times the price, or go without them. The demand will be good, however. The lands that are now used for this purpose will be used for something else. I desire to say that it does seem to me that after refusing to strike out section five we have done enough. We have placed ourselves in a position to test the question of our rights under the treaty. Now, then, as to the objection to this class of people, the gentleman from El Dorado, Mr. Larkin, has taken the position that they are obnoxious on account of color. I think them obnoxious, as he does, but not on account of their color, but because of their non-assimilative qualities. They cannot become of us, nor a part of us. They cannot assimilate with the American people. MR. HOWARD. Mr. Chairman: I hope that the committee will rise now and take a recess, and that before we adjourn to-day we will dispose of this business. 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 instructed me to report that they have had under consideration the report of the Committee on Chinese, have made progress, and ask leave to sit again. The Convention took a recess until two o'clock P. M. AFTERNOON SESSION. THE CHAIRMAN. The question is on the amendment off gentleman from San Francisco. The vote was taken, but objections being made that th quorum voting, it was put again. Division being called, the committee divided, and the amer adopted-ayes, 72; noes, 8. THE CHAIRMAN. The Secretary will read the amendin by the gentleman from Alameda, Mr. Webster. THE SECRETARY read the amendment. THE CHAIRMAN. The question is on the amendment p the gentleman from Alameda, Mr. Webster. Lost. THE CHAIRMAN. The question is on the substitute offe Reynolds. Adopted-ayes, 43; noes, 35. MR. SMITH. Is an amendment in order? MR. LARUE. Mr. Chairman, I send up an amendment "No Chinese, or foreigners ineligible to become citizens of t States, shall be allowed to fish in any of the waters of the Sta purchase or own any real property, nor any interest therein, no rent, hold, or use any land for the purpose of agriculture, ho grazing, or other means of profit, and all contracts or conveyan right or interest in real property, and any lease of any land for poses of agriculture, horticulture, or grazing, or other means of or with any such foreigners, shall be void and not entitled to r THE CHAIRMAN. The amendment is out of order, as I um it is offered as a substitute. MR. SMITH. Allow me to explain what the amendment amendment as adopted, it seems to me, will defeat the whol One of the most important objects is to prevent the Chinese from land. For fear it might defeat the whole matter, I have prov they shall not lease or rent any land. Now, this is an importan which it seems to me should be attended to, and if we cannot other way, we ought to reconsider the matter in order to get vision in. Where I live the Chinamen do all the gardening, an great deal of land, and take the place of a great many white If this amendment is in order, I hope it will be adopted. THE CHAIRMAN. I rule the gentleman's amendment out for the reason that a portion of the substitute already adopte be stricken out by it, and it covers part of the same ground add the Convention. stitute was adopted, in order to have a chance to put in this ame MR. SMITH. I then move to reconsider the vote by which THE CHAIRMAN. That can only be done by the unanimous of the house. The Chair hears objections. MR. BURT. Mr. Chairman: Will it not be in order for the The Convention reassembled at two o'clock P. M., President pro tem. man to add to the substitute already adopted by the Convention? Belcher in the chair. Roll called and quorum present. CHINESE IMMIGRATION. MR. MILLER. Mr. President: I move that the Convention now resolve itself into Committee of the Whole, the President pro tem. in the chair, for the purpose of further considering the report of the Committee on Chinese. Carried. IN COMMITTEE OF THE WHOLE. MR. BARNES. Mr. Chairman: I would inquire if there is a quorum present. MR. CROSS. Mr. Chairman: I move, for the purpose of determining that question, that the Secretary be directed to call the roll. MR. BLACKMER. Mr. Chairman: I move that the committee rise, for the purpose of determining whether there is a quorum present. MR. HUESTIS. I raise a point of order. amendment only adds to it, is not that in order? THE CHAIRMAN. By the rules the gentleman can do so w unanimous consent of the Convention. The Convention has ad substitute for the section, and the gentleman now offers a sub which strikes out a portion of what has already been adopted Convention. It is therefore ruled out of order. MR. NOEL. Mr. Chairman: I have an amendment which to offer as an addition to the section. MR. HOWARD, of Los Angeles. He can offer it as an addition tion after we get through with the article. MR. NOEL. I wish to offer it now. MR. HAGER. I understood the Chair to rule that we cannot sider the vote by which the substitute was adopted at this time. THE CHAIRMAN. It cannot be reconsidered without one day' being given, except by unanimous consent of the Convention. MR. HAGER. That only applies to a final vote, not to the Com of the Whole. This is not a final vote. We may at any time m THE CHAIRMAN. The Convention has resolved itself into Com-reconsider without going through the formula of one day's notice. mittee of the Whole. There can be no roll call in Committee of the Whole, as I understand it. MR. NOEL. I move that the committee rise, in order to see if we have a quorum present. THE CHAIRMAN. The motion is that the committee rise, report progress, and ask leave to sit again. Carried. IN CONVENTION. THE PRESIDENT pro tem. The Secretary will call the roll. MR. LARUE. Mr. Chairman: I rise to a point of order. THE CHAIRMAN. State your point of order. MR. LARUE. We are acting under the previous question. THE CHAIRMAN. The previous question only goes to the a The point of order is not well taken. ment. MR. HAGER. We have exhausted the previous question. I correct ruling in regard to the progress of the business, as we pass these sections here. If we adopt an amendment and afterwards that we have made a mistake, it seems to me very strange that we to give notice and wait until the next day before we can get at IRMAN. The gentleman will state his point of order. L. My point of order is that the gentleman is not direct- IRMAN. The point of order is not well taken. FE. My point of order is that the Chair has already ruled MAN. The point of order is well taken. The Chair any motion to amend section six, which does not strike ite, or any portion of it. OLDS. Mr. Chairman: I understand that the amendntleman from Kern does not strike out any portion of is simply a further amendment. Mr. Chairman: I insist upon my amendment being MAN. The Secretary will read the amendment. shall be allowed to catch fish in any of the waters of to take game within the limits of the State; provided, les and pollywogs shall not be considered fish, nor d hens as game." IAN. The amendment is out of order. Mr. Chairman: I contend that my amendment is bject under discussion. IAN. The amendment is frivolous, and will not be It seems to me it is germane to the subject under con- 717 privileges; because it may be finally decided that there is nothing in our naturalization laws which will preclude them from becoming citizens, in which event the provision, as it now stands, would be of no avail whatever. That is as yet an open question, and some of the Courts are naturalizing the Chinamen; therefore, if that should be the result; if it should finally be determined by the highest Court in the land that the Chinese may become citizens, or if Congress should pass a law to that effect. But if you put the word Mongolian" in there, that includes them, whether they become citizens of the United States or not. Then, if this has any force at all, we can at least exclude those who are not citizens of the United States-who are not actually citizens-and if they are aliens and Mongolians too, we can exclude them just the same; and if they should be decided to be eligible to citizenship, if this provision will hold water, we can still exclude them. I think it is important that this amendment should be made to the substitute. REMARKS OF MR. AYERS. MR. AYERS. Mr. Chairman: I wish briefly to give my reasons for objecting to the use of this word Mongolian" in the Constitution. The term Mongolians does not apply exclusively to the Chinese. It is a generic type of the human family, and some of the leading authorities on ethnology have divided the species into three classes-Mongolian, Caucasian, and Negro. Some of them claim that the word Mongol embraces the American Indian. Now, if you are going to put that term into the Constitution, and the Courts come to construe it, where will you be? You are not confining it to the Chinese, and they are the people aimed at. Why not come at it directly and say Chinese? I opine that almost every gentleman on this floor was sent here for the purpose of procuring legislation that will prevent the immigration and settlement of the Chinese. Not Mongolians, but Chinese. If you place the word Mongolian there for the purpose of reaching the Chinese, you may find yourselves badly mistaken when the Courts come to construe it. I hope the gentlemen of this Convention will not place a word in there that will be capable of having a double meaning placed upon it. We all know that we mean the Chinamen, and why not say Chinamen? MR. REED. Mr. Chairman: It seems to me this is altogether too important a measure for us to undertake to pass upon here with a slim house. I think we ought to adjourn. There is scarcely a quorum present. I move that the committee rise, report progress, and ask leave to sit again. MR. HOWARD, of Los Angeles. I hope the committee will not rise. We are here for business, and if members absent themselves that is not our fault. We are not responsible for their running away. THE CHAIRMAN. The motion is that the committee rise. MR. HARRISON. That part of the amendment relative to fishing, if it is adopted, will prevent the Chinese representing the Empire of China from going fishing for pleasure. He can be arrested for fishing en the words 'no' and 'alien' the words 'Mongolian for pleasure. I think it ought to be qualified. I rise to a point of order. AN. State your point of order. The committee have already adopted the substitute. It d as a whole and cannot be amended. Amendments The substitute before it was adopted, but having been le it cannot be amended. We have taken a final vote by adopting the substià it be subject to further amendment? The Chair has adoption of the substitute was a final vote, and how mend it? AN. As far as it went, additions can be made. pe stricken out. I claim the floor. f Fourth District. Mr. Chairman: Not one word substitute by my amendment; it only adds to it. Mr. Chairman: Have I the floor or not? MR. AYERS. I will inform the gentleman that the Chinese who represent the Empire of China are here under the law of nations, and this provision would not affect them in any way. MR. BARNES. I think that is an error. MR. WELLIN. Mr. ChairmanMR. HERRINGTON. Mr. ChairmanMR. REYNOLDS. Mr. Chairman MR. WELLIN. Mr. Chairman: I ask the gentleman if he ever knew a Chinaman to go fishing for pleasure? MR. HERRINGTON. Mr. Chairman: I wish to call the attention of the Convention to the fact that whoever offered that amendment is No intending to defeat the whole section. It is no friend of the section who offers such an amendment as that. It practically allows every Chinaman to fish whenever he pleases. It leaves out the most essential is part, and practically allows the Chinaman to do whatever he pleases. It does not follow, as a matter of course, that they are all aliens. Lots of them were born right here, and they are not aliens. They are citizens of the United States. If the word aliens covers the Chinese, what is the use of putting the word Chinese in there? MR. TULLY. I offer an amendment. r. Chairman: I insist upon my point of order, that MR. SMITH, of Fourth District. One moment, Mr. ChairmanMR. CONDON. I move to insert the word "alien." MR. AYERS. I suggest "Chinese or other aliens." MR. BLACKMER. It is very evident that the amendment is not understood. THE CHAIRMAN. The question is on the adoption of the amend ment. [Cries of "Division," "division."] ascertain, by counting or otherwise, whether there is a quor Chinese" after the word The Secretary can count and see if there is a quorum preser necessary to vote. Section nineteen says that no business when the number is reduced below the number, and the decide that fact. If the Chair decides that there is a quor by count, we can proceed, and if the Chair determines tha quorum present, it is not necessary for the quorum to proposition. It is not material whether the quorum vote there is a quorum present, for a majority can do business. regard to whether there is a quorum voting or not. If the refer to Cushing he will find that it is not necessary on Committee of the Whole, to determine whether there is a que because members might or might not vote. You can d members shall vote when the roll is called, but you cannot on division. Therefore a majority vote, when there is a qu ent, determines the question at any time. The Convention divided, and the vote stood: Ayes, 36; noes, 27. MR. CONDON. There are members present who do not vote on either side. The rules call on all to vote. MR. LARKIN. I rise to a point of order. MR. LARKIN. Unless the ayes and noes are called it is not possible to determine whether there is a quorum voting or not. MR. CONDON. Undoubtedly there seems to be a misapprehension about this amendment. I ask for the Chair to direct the Secretary to read it again. MR. WELLIN. I would like to know what the difference is between the other amendment and this one? Can the Chair point out the difference? THE CHAIRMAN. The question is on the adoption of the amend ment. The vote stood: Ayes, 41; noes, 21. THE CHAIRMAN. There is not a quorum voting. MR. AYERS. I move that the word " other" be inserted after the words "Chinese or." Now, how is the Chair to know whether there is a quorum voting? In the Convention you call the ayes and noes. It is evident that there is a quorum here. If there is a quorum present we can transact business. MR. STUART. I have an amendment to offer. MR. STEDMAN. The language is very plain. When is thus informed that there is no quorum present, he imme ceeds in the same manner to determine whether there i present. The question has been raised now, and it must be so that we will know what rule we are going to follow. MR. AYERS. I ask the Chair if there is a quorum preser THE CHAIRMAN. The Chair has no way of judging ex vote taken. MR. AYERS. Except by counting. MR. HALL. Mr. Chairman: Section six says that a maj Convention shall constitute a quorum to do business. I unde rule applies to the Committee of the Whole as well as to the I assume that there must be a majority present in order to e THE CHAIRMAN. As far as the Chair is concerned, it is what the decision of the house is. I desire to state that the ruled that it requires a majority of a quorum to pass upon a tion. The Chair ascertained that a majority of a quorum ha MR. AYERS. Does the Chair decide that there must be a quorum on the question, and for that reason ruled that it had not be voting. THE CHAIRMAN. Yes, sir. MR. AYERS. I appeal from the decision of the Chair. THE CHAIRMAN. Gentlemen: On the amendment offered by the gentleman from Kern, Mr. Smith, division was called for, and on that division there were 41 ayes and 21 noes, not being a quorum of this body, and the Chair ruled that there not being a quorum voting, there was no vote. From this decision of the Chair the gentleman from Los Angeles, Mr. Ayers, appeals. The question now is, Shall the decision of the Chair stand as the judgment of the Convention? MR. STEDMAN. Mr. Chairman: I rise to ask a question. What is the effect on this section when there is no quorum voting-is it lost, or does it go over? Can we go on with any other business, and adopt any THE CHAIRMAN. The Chair had not put the question. That is the custom that has prevailed here. MR. HOWARD. There is no book on earth that will sustain any such practice. MR. STEDMAN. I shall vote to sustain the Chair, because he is right. There is no quorum present. MR. DAVIS. Mr. Chairman: I ask if there are not gentlemen present who have not voted on either side? THE CHAIRMAN. I cannot answer that question, because I have no way of knowing. MR. HEISKELL. Mr. Chairman: There is no way of determining unless the roll is called. MR. WELLIN. Mr. Chairman: I am satisfied that there is more than a quorum present, and if we do not make the members vote, the rules amount to nothing. If we insist upon members voting, we will have more than a quorum. MR. BARNES. Mr. Chairman: I understand the rule to be this: that having gone into Committee of the Whole, a quorum is supposed to be present. If a vote is taken and a quorum does not vote, we take no notice of it, but go on with the business. There is no means of compelling members to vote unless you call the roll. MR. STEDMAN. Cushing's Law and Practice of Legislative Assem blies MR. BARNES. My friend Stedman is going to give us something useful, and I give way. MR. STEDMAN. Cushing says, paragraph 1991, that if at any time there is not a quorum present, the Chairman of the Committee of the Whole must immediately leave the chair and the Speaker must resume the chair, and the House must then proceed to ascertain if there is a quorum present. If a quorum appears to be present, the House may then resolve itself into Committee of the Whole again, and proceed with the business. If a quorum does not appear to be present, the Speaker adjourns the House." Now, I hold that a question has been raised whether there is a quo From that decision the gentleman from Los Angeles, Mr. Aye MR. ANDREWS. I believe the appeal is well taken. I do it is necessary for a quorum to vote in the Committee of the MR. BARRY. Mr. Chairman: It seems that Saturday afte to be like a school boy's day, and there is a great deal of conf Things do not go right at all, and I do not think we had bett any further. I think it is better for the interests of the Conve better for the interests of the people of the State, that we go i I, therefore, move that the committee rise, report progress, and to sit again. MR. STEDMAN. I rise to a point of order. When there rum in the Committee of the Whole, the committee becomes THE CHAIRMAN. The motion is, that the committee progress, and ask leave to sit again. The vote stood 43 ayes to 36 noes. IN CONVENTION. THE CHAIR. Gentlemen: The Committee of the Wh instructed me to report that they have had under consider report of the Committee on Chinese, have made progress, and to sit again. What is the pleasure of the Convention? A CALL OF THE CONVENTION. MR. LARKIN. I move a call of the House. THE CHAIR. The Secretary will call the roll. |