esuse a printed schedule of such rates and fares to be properly framed MR. SCHELL. It seems to me that the gentleman has a right to be
od hung in a conspicuous place at every railroad depot and every rail-heard on a question of privilege. I move that he be allowed to go on.
10.1.1 station in the State.
Mr. O'DONNELL. "It won't take two minutes.
“Sec. 14. The Railroad Commissioners shall perform all duties in
MR. HUESTIS. If the house desires to hear it I have no objection.
THE CHAIR. Doctor, go on.
relation to the railroads, other than those prescribed in the last two sec-
tions, as may be required of them by law."
MR. WHITE. All that I wished to do was to show that I gave them
Mr. O'DONNELL. Mr. President: I rise to a question of privilege
absolute power; and that they were to arrange the fares and freights as
in their judgment should be fair and just. Now, is it common sense for as a member of this body, and respectfully request my colleagues to give
this scribbler to write down that Leland Stanford would be willing to knows that members of the State and National Legislature can be called
me their attention. Every man familiar with parliamentary rules
put that power into the hands of any three men in this State? I regard to account for words spoken in debate. In other words, so long as they
it as the silliest nonsense and the most malicious sort of lying that could act in accordance with their sworn duty as members of the legislative
be got up.
MR. HUESTIS. I move tha stion resolve itself into Com- In the discharge of my duty as a delegate I gave offense to the man-
department of the government, they will be defended and protected.
mittee of the Whole.
agers of a vulgar newspaper called the Chronicle. I differed from that
newspaper on the law of libel. I voted for a measure which I deemed
MR. HOWARD. Mr. President: I rise to a question of privilege.libelers. In this step I acted in concert with some of the most honored
essential to the protection of society from the attacks of professional
This is a matter of no very great importance, perhaps, but I take two members of this body, and for the exercise of my right and privilege I
exceptions to this publication. The first is, that it insinuates that the have been vilified by the paper which I confess ought to be nameless
whole Committee on Corporations, in advocating this scheme, have been
in the interest of the Central Pacific Railroad Company. Now, sir, it among honorable men. I shall at the proper time appeal to the Courts
seems to me that the daily denunciations of the press in the interest and and endeavor to aid the authorities in their endeavors to bring these men
pay of the corporations, notoriously so of the Central Pacific Railroad to justice. I do not think them worthy of the notice of this body. I do
Company, should have protected us from any such imputation. The dered ask the passage of any resolution, nor do they require any vindi-
not think that any of the gentlenien whom this mongrel paper has slan-
principal organ here has denounced us as Communists, and has given cation. All I ask now is the privilege of assuring every member of
virus to it by saying that we are cominunists as bad as Jesus Christ and this body that the charges published against me in this nameless sheet
the Supreme Court of the United States. [Laughter.] Well, now, it are utterly false and without foundation, and I pledge myself that in
seems to me that that should have been sufficient to have demonstrated due time I will cram the libel down the throats of the infernal libelers.
to the writer of this article that none of us had been stowed away in the I thank you kindly for your attention.
pigeon-holes of the Central Pacific Railroad Company.
Again, sir, the writer is entirely mistaken when he assumes to say that
the magnates of the Central Pacific Railroad Company desire this Com- MR. HUESTIS. Mr. President: Now, if there is no other gentleman
mission, because they believe they can control it. Now, sir, that is a mis- who wishes to rise to a question of privilege, I move that the Convention
take, because they made an experiment on three Commissioners which resolve itself into Committee of the whole, Mr. Larkin in the chair, on
proved disastrous. I have it from authority which I believe, that a the question of the report of the Committee on Chinese.
certain railroad agent, or assumed railroad agent, approached one of the Carried.
former three Commissioners with a proposition. He happened to be a
IN COMMITTEE OF THE WHOLE.
inan of honor, who had borne his country's flag on many a field. He
was indignant to an extent amounting to a towering passion, and he
THE CHAIRMAN. The Secretary will read the first section.
THE SECRETARY read:
made an appeal to the code-not to the Civil Code, not to the Penal Code,
not to the code that obtains among railroads--but to the code which to enact all needful laws, and preseribe necessary regulations for the
Section 1. The Legislature shall have and shall exercise the power
did obtain among gentlemen once. The officers of the railroad at once
declared that the party who had approached this gentleman had done it protection of the State, and the counties, cities, and towns thereof, from
without their authority, and they disowned him. Of course that stopped the burdens and evils arising from the presence of aliens, who are or
it. But the railroad took its revenge. When the Legislature met,
who may become vagrants, paupers, mendicants, criminals, or invalids
through its conduit pipe it run into the Legislature the Hart bill. It afflicted with contagious or infectious diseases, and aliens otherwise
repealed the law under which the then existing Commission had been dangerous or detrimental to the well-being or peace of the State, and to
carried on, and of course wiped out the Commission. And they substi- impose conditions upon which such persons may reside in the State, and
tuted for it, and carried through the Legislature, by means which I need to provide the means and mode of their removal from the State upon
not reiterate, a proposition to have one Commissioner. It seems that failure or refusal to comply with such conditions ; provided, that noth-
they came to the conclusion that while they could not manage three, ing contained in the foregoing shall be construed to impair or limit the
that one, as the Irishmen say, might be very convenient, and, therefore, power of the Legislature to pass such other police laws or regulations as
they displaced the three Commissioners and took the one. It was given
it may deem necessary.
MR. BROWN. I move its adoption.
out that the Governor would veto the Hart bill, and it was believed by
MR. AYERS. Mr. Chairman: I believe it was understood that the
a great many people, but when he came to act on the matter his patriot-
isin got the better of him, and he signed it. That was the end of that debate should exhaust itself. The debate has taken the range of the
THE CHAIRMAN. If there be no objection to section one-
So, then, I say that the Central Pacific Railroad Company does not
desire three Commissioners; that they desire either one, or the Legisla- don't see as there are any speakers here. The section is good enough,
It seems to me that the debate has exhausted itself. I
ture. That is what they want; and the accomplished author of this
THE CHAIRMAN. If there are no amendments to section one the
letter is laboring under a delusion. Nor is that all. Even if it were Secretary will read section two.
possible for them to buy up the three Commissioners—which they have
not been able to do yet-or experiment, the people could fall back and
elect three others who have been under fire and come out unscathed;
MR. BLACKMER. Mr. Chairman: I wish to point out what in my
sa I do not think we are in so much danger as the writer seems to think, judgment is a little error in the first section, and I was in hopes that the
of the three Commissioners. There is another thing in this matter-Chairman of the committee would be here this evening, as I had a short
and I say here, that if the writer of this letter was not above suspicion-Iconversation with him upon that point. It is in the fifth and sixth
would believe that he had been stowed, and that this attack was a weak lines of the first section of the report, and I hope that this will not be
device of the enemy. There is another matter in connection with this, passed so that it cannot be taken up again. I am not ready to offer an
since they have seen proper to provoke this attack upon us, which I may amendment, but I suggest that the words, “invalids afflicted with con-
as well mention. Two or three years ago, the North American Review tagious or infectious diseases,” means altogether too much. It means
published an article which stated that the railroads no longer purchased more, I believe, than the committee theniselves intended to convey,
votes in detail, but that when they wanted a Senator, they elected him because they may mean such diseases as are contagious or infectious, but
advanced cash enough to elect him-and that then they owned him may inflict any people, and they certainly do not wish to have the
during his term. The Central Pacific Railroad Company seems to have police power of this state invoked for the purpose of excluding them
profited by that suggestion. They seem of late to have elected the simply upon that ground. Now, the section should certainly be mod-
Senator, and to have put a collar on him, with “Central Pacific Rail-ified so as to reach only the point aimed at. It is not intended that if a
road Company" written upon it, so that if he got lost, or strayed, he person have the smallpox, or anything of that kind that may be con-
could be recaptured and returned to his lawful owner. I am told here,
by members of the last Legislature, that when the Hart bill was before tagious, that for that reason we would send them out of the State. Yet
this is broad enough to cover that. Now, the section should be
the Legislature, he reappeared here and did his best to carry the Hart amended so that it would mean exactly what the committee, I think,
bill through. Therefore, it is, I say, that the learned author of this had in their minds when the section was framed. I hope that there
letter is barking up the wrong tree. He does not understand his business will be no action taken, but that it can still be amended. There is
fully, and whatever may have been his purpose, he is mistaken alto- discussion to be had, and it should be had now, but allow the Chairman,
fether in his facts-if he has any facts-or in his conjectures; and he
His not pretend that they are anything more than conjectures. It desires. I would move that we do not pass any section to-night in any
as I know it is in his mind, an opportunity to perfect the section as he
1e to me, in fact, that he had been dreaming, and it was nothing way so that it cannot be called up again in the regular way.
'han a feat of somnambulism which dictated this letter,
MR. STUART. I second the motion.
PRESTIS. I renew my motion.
THE CHAIRMAN. It is moved and seconded that the section be
SONNELL. I rise to a question of privilege. I rise to a temporarily passed.
drivilege. I have a right here on this floor.
MR. FREUD. Mr. Chairman: I hope no such proceeding will be
1. Does the gentleman withdraw his motion?
adopted. The Chairman will have an opportunity, when it comes up
S. No, I will take the ruling of the Chair.
in Convention, to amend it as he may deem fit. i think we can go on
You are not in order, Mr. O'Donnell.
with our usual business with propriety.