read.

MR. WATERS. Mr. President: I would like to hear the resolution islature as to what minor officers it shall appoint, or what shall be the The resolution was read, as follows:

order in which it shall appoint them. Judge McFarland makes a proposition in which the order proposed is different from that suggested by the law. I take the ground that this Convention is, in no manner, bound by the provisions of that Act. [Cries of "Question," "Question."] THE PRESIDENT. The first question is on the amendment of the

Resolved, That the Convention do now proceed to its further permanent organiza-
tion and elect the following officers: First, a Chief Secretary; second, a Phono-
graphic Reporter; third, an Assistant Secretary; fourth, à Minute Clerk at the desk;
fifth, a Journal Clerk; sixth, a Sergeant-at-Arms; seventh, an Assistant Sergeant-gentleman from Sacramento.

at-Arms.

MR. MCFARLAND. Mr. President: I move to amend the resolution by inserting the words "Sergeant-at-Arms" immediately after the words "Chief Secretary." It seems to me that we should first elect a Secretary and then a Sergeant-at-Arms. Then you have the heads of your departments. We should elect a Secretary and then a Sergeant-atArms. I move to amend by inserting the words "Sergeant-at-Arms" immediately after the word "Secretary."

MR. TINNIN. Mr. President: That seems to me to be out of the order of business heretofore practiced by legislative bodies. The Sergeant-atArins comes after these officers. I have named them in the usual order of legislative bodies.

A VOICE. What is that?

THE PRESIDENT. To strike out "Sergeant-at-Arms" from the seventh provision and insert it so as to make it the third. The amendment was lost.

THE PRESIDENT. The next question is on the motion by the gentleman from San Francisco, Judge Hager, to strike out all after the word "Secretary."

MR. HAGER. Mr. President, I move, as a substitute, that we proceed now, first in the order of business, to the election of a Secretary, in order to perfect our organization.

THE PRESIDENT. The question is on the adoption of the substitute offered by the gentleman from San Francisco. The substitute was adopted.

THE PRESIDENT. Under this resolution we now proceed to the election of a Secretary for this Convention. Are there any nominations?

NOMINATIONS FOR SECRETARY.

MR. REYNOLDS. Mr. President: I move a further amendment by striking out the words “Phonographic Reporter," for the reason that there is no provision in the law whereby the compensation of a phonographic reporter is to be fixed. I want to understand, Mr. Chairman, what is to be the contract or compensation for reporting the debates of this Convention, before I can vote understandingly upon the appointment of reporters. I move that a committee be appointed, to whom shall be referred the matter of phonographic reporting for the Convention, and I think that the Convention can act understandingly upon such a report as shall show what it will cost, and who the different candidates for the position are, and what their different bids are. I am in favor of this matter of reporting being conned well, and I want to see it done as cheaply and economically as possible. These are my reasons for moving the amendment. MR. TINNIN. Mr. President: I think all the trouble of the gentleman can be obviated with this understanding—and I have no doubt that the Convention will take that course-that is, to appoint a committee who shall have the power, with the concurrence of this body, to fix the pay of all these elective officers. This is the action that is always taken, and I think this body will take the same course. I have an idea that many of these salaries will be fixed, some of them lower than is now anticipated, but it can all be done by committee. MR. BARBOUR. Mr. President: I think that the objection as to now going into the election of Phonographic Reporter is well taken. The subject is not well understood by the delegates to the Convention, and gentlemen can only be posted upon it by experts. The compensation to the other officers is fixed-that is, the amount allowed to similar officers of the Legislature. The Act provides that the Convention shall fix the amount of their compensation. The correct method to have the reporting done is to have those who are competent to judge of the work of phonographic reporters appointed to examine those gentlemen and then to make a contract. That is the proper way to protect the treasury, giv-position who did not understand it. I do not wish to speak, sir, in a ing the work out to those who will do it right and take it on the most favorable terms. Therefore I support the amendment. THE PRESIDENT. The Secretary will read the resolution. The Secretary again read the resolution.

MR. BIGGS. Mr. President: I place before this Convention the name of a gentleman who has not a superior on this coast as Secretary. We want a good Secretary. The gentleman I have the honor to name is known to every member of this Convention, Marcus D. Boruck, of San Francisco. MR. EAGON. Mr. President: I rise to second the nomination of Marcus D. Boruck. I do not wish to be understood as doing so on any personal grounds, or friendship, or on account of any political or other sentiments which that gentleman has. I do so, sir, merely on the ground of his peculiar fitness for the distinguished position to which he has been nominated. I care not what his sentiments may be upon politics; I care not what his opinions may be as to the great questions coming before this Convention; I care not whether he is Democrat or Republican, Workingman or Non-Partisan; I care not whether he quite coincides with me on the great question of taxation; I care not whether he agrees with Kearney or not on the great question of Chinese immigration and Chinese cheap labor. These things make no difference to me. I see around me a number of gentlemen who have occupied positions in the Legislature of this State time and time again, and, like myself, they all readily see that a great deal depends upon the efficiency and the ability of the Secretary. In fact, sir, it will be almost impossible for a body of this kind to get along without one who thoroughly understands the business, whose voice can fill this very poor chamber for persons to hear in, one who knows the duties of the position, and if we have such a man for the position the duties of the members will be greatly relieved and the interest of the State will be looked to more than if we had a man in that derogatory manner of any gentleman who has been nominated before this Convention here for that position, because I believe there are many men who can fill it ably; but I am satisfied that none have been tried so thoroughly as Mr. Boruck. His voice is such that the delegate in the THE PRESIDENT. This is the original resolution, gentlemen. Mr. most remote seat from the Secretary's desk can hear everything that is McFarland moves to amend the resolution by striking out the seventh read from the desk; and members will take notice that is a very imporprovision as to the election of a Sergeant-at-Arms and inserting it as the tant thing, in order that they may properly discharge their duties, and third provision, following that in reference to the Chief Secretary. The vote intelligently upon questions coming up in this body. This seems to first question is on the amendment offered by the gentleman from Sac-me a good reason why we should vote for him. In regard to the gentleman's views, as I have already taken occasion to state, I care not what MR. HAGER. Mr. President: It is, perhaps, not a matter of very his political convictions may be, because I do not intend that any genmuch consequence how we elect these officers, but I think the statute tleman at that desk, or on this floor, shall control my action on anything provides the manner in which the selection shall be made. As the stat-coming before this Convention; and I would be grieved to think that ute reads, the Convention shall meet and organize, as I understand it, there is a single gentleman on this floor who would be so controlled. by the selection of a President and Secretary. After that organization All we have to look to is, will he efficiently and faithfully discharge the is completed, then the Convention is open for other business, such as the duties at the desk? and if we do that, my impression is he will be the election of a Sergeant-at-Arms, a Phonographic Reporter, and the like. unanimous choice of the Convention. They shall elect one of their number President, and "such Secretaries and other officers as they may deem necessary." That is the first provision. Then it proceeds to say that "after the said Convention has met and organized"-and I say that the organization is by the election of a President and Secretary; a presiding officer, and a Secretary, to record what is afterwards done; that should be done preliminary to any other work. After the Convention is organized “it shall have power to adjourn and hold its meetings at any place in said City of Sacramento other than the said Assembly Chamber, and all the committee rooms of the State Capitol building shall be under the control of said Convention. The President of the Convention may appoint not exceeding one Doorkeeper and four Pages." And then this clause: "The Convention may select Phonographic Reporters and fix the amount of their compensation; also, a Sergeant-at-Arms and an Assistant." The interpretation, sir, that I think is the correct one to be put upon that statute is to select our President and Secretary as preliminary to any other business, that the acts of the Convention may be recorded upon the Journal. After we have organized by the selection of a President and Secretary, then we proceed to the election of other officers. I move to amend this resolution to confine it for the present to the selection of a Secretary. MR. CROSS. Mr. President: Judge Hager has read the statute of the Legislature of the State passed in reference to this Constitutional Convention. The statute is good until the Convention is organized. When this Convention is organized by the election of a Chairman and Secretary, the power of that legislative body to say what this Convention should do. is at an end, and if they did not understand it when they made the law, they should understand it when this Convention acts: that when this Convention is organized it is not to be controlled by any Act of the Leg

ramento.

MR. SHOEMAKER. Mr. President: I place in nomination for the office of Chief Secretary, A. M. S. Carpenter, who was Reading Clerk in the Assembly during the last Legislature. He is the peer of any man in this State as a Secretary.

MR. TINNIN. Mr. President: It is essentially necessary that in all deliberative bodies their proceedings should be kept with fidelity and ability. It is a matter that every member of this body is interested in; it is a matter in which the people of the whole State have an interest. They desire to have a gentleman placed in that position who will perform these duties faithfully, and to the satisfaction of the people of the entire State, whom they serve. I am very well aware, Mr. President, that it is a most important position, and requires a peculiar fitness to discharge the duties of the office; and, Mr. President, while I do not desire to detract in the least from the honor, integrity, or ability of any gentlemen named as candidates for that office, I do not believe, sir, that an All-wise Providence has been so illiberal in His dispensations as to confine these qualities to only a few persons. I believe, sir, that they have been distributed around. I believe that the gentleman whom I have the honor of nominating is fully competent, and that he can discharge the duties with ability; and I believe that he will do it in the interest of this body, that he will do it to your entire satisfaction, advancing the interests and convenience of the members of this body. I nominate for the position of Chief Secretary, W. S. Redding, of San Francisco.

MR. LARKIN. I rise to place in nomination another gentleman. Agreeing with the gentleman from Trinity, that there is more than one man in this State capable of discharging the duties satisfactorily and intelligently at that desk, I desire to place a man there who has had

experience in legislative departments, whose qualifications no man can doubt. While I believe that candidates should have all these qualitìcations, it is not so much what kind of a voice he has; but what we want to know is, that the man will not be governed by any private interests; that he will not turn the leaves for the benefit of you or me, or this man or that man. This man comes here untrammeled, and will stand there and discharge the duties without fear or favor. I desire to place such a man in nomination, and many of you already know to whom I alludeF. J. Clark, of Alameda.

Tuttle,
Vacquerel,
Walker, of Marin,

Burt,
Filcher,

Howard,
Inman,

MR. FILCHER. Mr. President: I desire also to place before this Convention a gentleman for the office of Secretary; one who, I have every reason to believe, is fully competent to fill the position, and with- Brown, out taking up the time of this Convention I shall simply state that the gentleman I refer to is Mr. J. A. Johnson, of Alameda. He comes here substantially the representative of the southern portion of Californiaa place where he has been residing some years--and it seems to be but fair, though I am from the northern portion of the State, that the southern portion of the State should be considered in the distribution of these positions; and it seems no more than fair that San Francisco should not come here, like Alexander, taking all there is and weeping because there is no more.

Wellin,
West.
Wickes,

FOR JOHNSON.

Laine,
Larue,

McMcCallum,

Nason,

FOR THORNTON.

Holmes--2.

Whole number of votes cast.
Necessary to a choice.
Mr. Boruck received
Mr. Carpenter received
Mr. Redding received
Mr. Clark received

Mr. Johnson received.
Mr. Thornton received.

No choice.

White,
Wyatt-50.

Ohlever,

Smith, of Santa Clara,
Webster-11.

149

75

69

4

13

50

11

2

MR. MCCALLUM. Mr. President: I rise for the purpose of seconding
the nomination of Mr. Johnson, announced by the gentleman from
Placer. He is now from Alameda, though, more strictly speaking, he
is identified with the southern portion of the State, having been a resi-
dent of Santa Barbara County. He has resided in Alameda County
about one year, where he is engaged in the business of journalist, where
he is well and favorably known as a gentleman of high character, and I
am sure that I think I can say that he is well qualified for the position
he seeks. He is affable and able, and has had large experience as a
Secretary in bodies of this kind. I cannot speak from personal knowl-seat. The Secretary will call the roll.
edge as to that, but I have heard him as a public speaker, and I know
that he has a clear and distinct voice, and I am informed by those who
have heard him that he is an able reader, which is a very important
thing in a Secretary. That, Mr. President, is all that I deem it proper
to say at this time. I rose not for the purpose of indulging in any ful-
some eulogy of the candidate, but simply to say that he is able, affable,
and honest.

oflicers of this Convention.
MR. RINGGOLD. I protest against Mr. Terry being allowed to vote for

MR. BARBOUR. Mr. President: I second the nomination of Mr.
Clark. He has never solicited the appointment; he is not here now log-
rolling and wire pulling for the election. For that reason I support him.
Nominations closed.

Whole number of votes cast.
Necessary to a choice.
Mr. Boruck received..
Mr. Carpenter received.
Mr. Redding received
Mr. Johnson received..

Mr. Clark received...
No choice.

Campbell,
Caples,
Chapman,
Charles,
Cowden,
Crouch,
Dudley, of Solano,

MR. BARBOUR. Mr. President: Before proceeding to take another Casserly,
vote, I desire to make the point of order that the presiding officer of this
Convention is not entitled to vote for these candidates, with all due
deference to the Chair. This is my understanding, except in cases of a
tie, and where the roll is called by ayes and noes. It is not a matter to
my taste, but it seems to me I am correct.
THE PRESIDENT. Does the gentleman raise that as a point of Dudley, of San Joaquin, McComas,

Boucher,

Hilborn,

Schell,

50

Johnson,

Shurtleff,

Jones,

Smith, of 4th District,

Keyes,

Steele,

Lampson,

Stevenson,

Lewis,
Martin,

Stuart,

Terry,

Townsend,

order?

MR. BARBOUR. Yes, sir.

Dunlap,
Eagon,

McFarland,

Tully,

McNutt,

Turner,

THE PRESIDENT. The Chair overrules it as not being well taken. Edgerton, The Secretary will call the roll. [Laughter.]

Estee,

Mills,

Van Voorhies,

Estey,

Freeman,

Murphy,

THIRD BALLOT.

Garvey,

Overton,

The roll was again called, with the following result:

Graves,

Porter,

Weller,

Wilson, of Tehama,
Wilson, of 1st District,
Winans-69.

O'Sullivan,
Reynolds,

Smith, of San Francisco,

Soule,

Casserly,

Jones,

Shurtleff,

Stedman,

Smith, of 4th Dist.

Cross,

Kenny,

Sweasey,

Kleine,

Swenson,

Cowden,

Lewis,

Larkin,

Tuttle,

At the conclusion of the fifth ballot and before the result was announced, many delegates changed their votes from Clark to Johnson. So much confusion arose in regard to the changes that it was decided by the Convention to call a new roll.

MR. REYNOLDS. Mr. President: I raise this point of order: I understand there was a roll call, and before the announcement of the vote, a motion was made to call the roll again. I suggest, sir, that this is out of order. There was a vote cast here, and it has not been announced. The gentlemen voting are entitled to an announcement of that vote, whatever it is. It may be that a candidate was elected, and if so, he is entitled to his election, and he is entitled to an announcement before there is any further roll call. If we are to proceed in this manner of calling the roll, and then getting into confusion, and calling the roll again; and if we are to ascertain by keeping a private record, what ones are elected, and then getting into a snarl and have the roll called again before the announcement of that vote, when will we ever know that there has been an election here, and how is it to be known what candidates are elected? That is the point of order-that we are entitled to the announcement of the vote.

MR. ESTEE. Mr. President: Does there seem to be any muddle there at the desk? I rise to a point of order, and it is this: The Chair has the power at any time before the announcement of the vote, where there are many changes, to order a new vote. It is supposed that the vote is taken for the instruction of the House through the Chair. And when by any means the Chair is not informed, or there is a mistake, he has the power to direct the Secretary or Clerk to call the roll anew. Now the Chair has that power, and if he desires he can exercise it.

Noel,
Tinnin-7.

148

75

69

50

22

7