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townships into this general fund, so that the poor ones may get a share of it. In regard to the question of constitutionality, my own opinion is that there is no law enacted by Congress which prohibits the State of California from making a general school fund. Suppose your 16th section falls upon a very poor piece of land, and your next falls upon a very valuable section ; one gets nothing, the other gets far more than its share ; the one is benefited, the other receives no benefit whatever from his grant. The 16th section, in many instances, is worth nothing, whereas the township may be a very productive one, with considerable number of inhabitants. The children receive no benefit from the grant, because there are no revenues derived from it to support a school. Suppose you place the general fund in one great maelstroom, as the gentleman calls it, there is a gene. ral head accountable for his stewardship. You know where to go in order to find what disposition has been made of your school funds ; but if you appropriate money in this and that township, there is no accountability,
Mr. Gwin. The gentlemen is disingenuous in his remarks in regard to what I said. He talks about one township that is worthless and the adjoining one rich. He takes the fund arising from a mineral district and gives it to another. Where are the children in this country? In the towns and cities. The gentleman's own district, Sonoma, will probably have little or no school lands, because the lands there are covered by private claims. The whole of his system is wrong. The school fund that we will have here is in that section of the country that is now unsettled. We ought to hold out inducements to people to settle in these unsettled districts. If we get what we are entitled to from Congress, these school sections will amount to millions of acres. I hope the gentleman's proposition will be rejected.
Mr. HALLECK. If the proposed section pass it annuls all the preceding sec. tions of the report. It entirely overthrows the whole system embodied in the report. It would be necessary to refer the subject back to the committee. More. over, I consider it in direct conflict with the laws of Congress.
Mr. Semple. I beg the House to listen to the preceding section, and see if my proposition is at all-inconsistent with it. [Here Mr. Semple compared the two in juxta-position.] It seems to me that there is no contradiction here. The propo. sition which I make carries out the object of that provision.
Mr. Terpt. I shall oppose the proposition of the gentleman from Sonoma, (Mr. Semple.) In the State of Wisconsin this subject has been agitated more than all others. I tell the gentleman, and every member of this House, that it is ne. cessary there should be in each county a county system of schools. I am opposed to placing this immense fund in the hands of any one man. We must have a county system applicable to that county. It is the case in Wisconsin and all the new States. The general Superintendent has the general supervision; but all the funds arising in the county are under the control of the county officers, who are at their own homes, and are interested in the legitimate and proper disposition of these funds.
Mr. Halleck. I think the gentleman's system is in total violation of the es. tablished rules in the Atlantic States. I will not detain the House by any remarks, for I conceive the objections to be perfectly evident.
Mr. SEMPLE. The gentleman from San Luis Obispo (Mr. Tefft) objects because this fund, he says, is to be appropriated by one individual. If he will examine the proposition he will find that the fund is to be appropriated exclusively by the Legislature.
The question was then taken on the proposed section, and it was rejected.
5. The Legislature shall take measures for the protection, improvement, or other disposition of such lands as have been or may hereafter be granted by the United States, or by any person or persons, to this State, for the use of a University; and the funds accruing from the rents or sale of such lands, or from any other source, for the purpose aforesaid, shall be and remain a permanent
fand, the interest of which shall be applied to the support of said University, with such branches as the public convenience may demand for the promotion of Literature, the Arts and Sciences, as may be authorized by the term of such grant. And it shall be the duty of the Legislature, as soon as may be, to provide effectual means for the improvement and permanent security of the funds of said University.
Mr. SEMPLE offered an additional section, making a donation of certain lands for educational purposes, in the vicinity of the town of Benicia. He observed that, as there appeared to be some objection to introducing names in the Consti. (ution, he would so amend his proposition as to leave out the names of the owners of these lands.
The question being on the adeption of the additional section proposed
Mr. Semple further remarked that the original proprietors of these lands were now present.
Mr. HALLECK begged leave to correct the gentleman. The original proprie. tors were a company of Mexican soldiers. He presumed they were not present now.
Mr. Semple explained the nature of the donation. He did not ask any appro. priation whatever out of the treasury. It was merely a private donation for educational purposes.
Mr. McDOUGAL remarked that the gentleman from Benicia (Mr. Semple) was a great public benefactor. He had devoted a great deal of time and incurred much expense in building up the town of Benicia, and making a ferry there for the accommodation of the public. It had been a source of great expense to him, and now he asked that the Government of California should bear a part of it.
Mr. Borts. I do not doubt that the motives of the gentleman (Mr. Semple), are perfectly disinterested; but I think he has mistaken the means of arriving at a good object. It seems to me that the gentleman bad as well make his will atı once, bestow these lands, and ask this Convention to act as a court of recorda. If the House will observe, the arrangement which he desires to make is already. provided for in the last clause which has been adopted. The gentleman will be one of these donors whom the last clause takes care of. But I rise principally to call attention to a very important point connected with this proposition. It may produce a result which perhaps the gentleman does not intend. The solemn sanction of this House is given to a claim that may be a very doubtful one. I do. not believe this is the object for which these gentlemen come here, and seek to obtain the sanction of this House ; but I am not prepared to say that they have. an inalienable and inherent right to these lands. I have not looked into the ques..
It may be that they have no title at all. I hope the gentleman will recon-sider his proposition and take it back.
Mr. SEMPLE. I will take the gentleman's advice, and withdraw the proposi.. tion.
On motion the Committee then rose, reported progress, and had leave to-sit: again.
The House took a recess until half past 3 o'clock P. M.
AFTERNOON SESSION, HALF PAST 3 O'CLOCK, P. M. The Convention met pursuant to adjournment,
On motion of Mr. Shannon, (the President not being present,) Mo....J. LIP. PITT took the Chair temporarily.
Mr. WOZENCRAFT introduced the following, and on his motion it was referred to the Committee of the Whole, viz: Public Charities.
The Legislature shali at an early day provide for the erection of one or more suitable building or buildings, to be designated and used as a public hospital or hospitals, to be lo. cated at such place or places as shall the best subserve the good and welfare of suffering humanity; and shall provide for the support and maintenanoe of the same, out of such funds as are not otherwise appropriated.
On motion of Mr. SHERWOOD, the House then went into Committee of the Whole, Mr. Lippitt in the Chair, on the report of the Committee on the Consti. tution.
COMMITTEE OF THE WHOLE.
Mr. Crosby moved that the article on the Judiciary be taken up.
Mr. Halleck was of opinion that the proper course would be to take up the majority report, and then decide the question as to which report should be acted upon; which would be best arrived at by a motion to strike out the first section of the majority report, and insert the first section of the minority report. To take up the minority report first and consider it would be very unfair, and would be doing injustice to the Committee. That minority report had never been submitted to the Committee, and the majority report had received the sanction of all the members except one.
Mr. Crosby had no objection to taking that course.
Mr. GILBERT rose to a question of order. The motion of the gentleman from Sacramento (Mr. Sherwood) was to go into Committee of the whole on the report of the Committee on the Constitution--consequently that report mast have precedence of all others.
The majority report was then taken up and read, as follows : The Committee appointed to report "a plan or a part of a plan of a State Constitution," having 'had the same under consideration, respectfully further report the following:
ARTICLE V.-Judicial Department. Sec. I. There shall be a Supreme Court, having general jurisdiction in law and equity. Sec. 2. This Court shall consist of four judges, each of whon shall be elected at the general election by the qualified electors of the judicial district in which he resides, provided that the Legislature shall
, at its first session, elect the judges of the Supreme Court by joint vote of both Houses. These judges shall hold their office for the term of four years. On the organization of the court, the judges shall be classified by lot, so that one shall go out of office every year.
Sec. 3. The State shall be divided into four judicial districts, in each of which circuit courts shall be held at stated periods
by one of the judges of the Supreme Court. Sec. 4. There shall be a Court of Appeals formed of any three of the judges of the Supreme Court; but no judge shall sit in the Court of Appeals in any case upon which he has given a judicial opinion in the Circuit Court. In case of the absence or disability of any of the judges of the Supreme Court from the Court of Appeals, their places shall be supplied in the manner to be prescribed by law.
Sec. 5. The Legislature shall have power to increase the number of judges of the Supreme Court, and the number of judicial districts; and whenever it shall deem expedient, it may provide by law for the separation of the Court of Appeals from the Circuit Court, and for the election of the circuit judges by the qualified electors of each judicial district. And when such separation shall be made, the Court of Appeals shall consist of three judges, who shall be elected by the qualified electors of the whole State. They shall hold their office for the term of six years, and be so classified that one shall go out of office every two years; and when such separation is made, the circuit judges shall also hold their office for the term of six years.
Sec. 6. The Supreme Court shall have the puwer to issue all writs and processes necessary to do justice to parties, and exercise a supervisory control, under such regulations as may be prescribed by law, over all inferior judicial tribunals, and the judges of the Supreme Court shall be conservators of the peace throughout the State. · Sec. 7. The Legislature shall provide for clerks of the Court of Appeals and Circuit Courts, and shall fix by law their duties and compensations.
Sec. 8. There shall be elected in each of the organized counties of this State one county judge, who shall hold his office for four years. He shall hold the County Court and perform the duties of surrogate or probate judge. The county judge, with two justices of the peace, to be designa1od according to law, shall hold courts of sessions with such criminal jurisdiction as the Legisla. ture shall prescribe, and shall perform such other duties as shall be required by law.
8&c. 9. "The County Court shall have jurisdiction in cases arising in justices courts, and in special cases, as the Legislature may prescribe, but shall have no original civil jurisdiction, except in such special cases.
Sec. 10. In the temporary absence or disability of the county judge, his place in criminal cases shall be supplied by the senior justice of the peace of the county.
Sec. 11. The times and places of holding the terms of the Court of Appeals, and of the general and special terms of the Circuit Court, within the several districts, and of the Courts of Oyer and Terminer, shall be provided for by law.
Sec. 12. No judicial officer, except justices of the peace, shall receive to his own use any fees or perquisites of office.
Sec. 13. The Legišlature may authorize the judgment decrees and decisions of any local and inferior court of record of civil jurisdiction, established in a city, to be removed directly into the Court of Appeals.
Sec. 14. The Legislature shall provide for the speedy publication of all statute laws, and of such judicial decisions, as it may deem expedient, and all laws and judicial decisions shall be free for publication by ang person.
Sec. 15. Tribunals for conciliation may be established with such powers and duties as may be prescribed by law; but such tribunals shall have no power to render juegment, to be obligatory on the parties, except they voluntarily submit their matters in difference, and agree to abide the judgment, or assent thereto in the presence of such tribunal, in such cases as shall be prescribed by law.
Sec. 16. The Legislature shall determine the number of justices of the peace to be elected in each county, city, town, and incorporated village in the State, and fix by law their powers, duties, and responsibilities. It shall also determine in what cases appeals may be made from the Justices' Courts to the County Court.
Sec. 17. The judges of the Supreme and District Courts shall severally, at stated times during their continuance in office, receive for their services à compensation to be paid out of the treasury, which shall no: be increased or diminished during the term for which they shall have been elected. The county judges shall also, severally, at stated times, receive for their services a compensation to be paid out of the county treasury of their several counties, which shall not be increased or diminished during the term for which they shall have been elected,
Sec. 18. The supreme and district judges shall be ineligible to any other office during the term for which they shall have been elected.
Sec. 19. The style of process shall be: “The people of the State of California," and all prosecutions shall be conducted in the name and by authority of the same. All of which is respectfully submitted.
MYRON NORTON, Chairman. The minority report was then read.
The first section of the report of the Committee being under consideration, Mr. Ord offered a substitute for the whole report, which was read.
Mr. Ord said he offered this substitute because he thought the judicial system proposed by the Committee was unsuited to the wants and the condition of the people of California. His first objection was that it was too complicated. There were four tribunals proposed by the Committee : Ist, the Supreme Court; 2d, the Circuit Court ; 3d, the County Court; 41h, the Magistrates' Court. He regarded that as a serious objection. Another objection : He thought the system an expensive one ; that it would be found, when put in practice, extremely costly. A third ohjection was, that it would give rise to delays in the administration of jus. tice-delays which he was sure every citizen of California was anxious to avoid.
Mr. Tefft. I think it well to consider the points at issue between the several reports. Let us bring the matter down to a single point, and confine the debate to that issue—the difference between the majority and minority reports. The same holds good in regard to the amendment of the gentleman from Monterey, (Mr. Ord.) The Committee had in view to report to this house, if possible, a judi. cial system, which should be entirely adequate to the present wants of Californiasimple and economical, at the same time possessed of express powers which would enable it, without any change of the Constitution, to meet the prospective wants of the people of California. We hope we have succeeded in presenting to the house such a judicial system. I believe there is an honest difference of opinion in regard to the chief point at issue. In fact, with that exception, the two sys. tems are nearly identical. They only differ in regard to the number of officers and judges. We want a judicial system which is adequate to meet the present wants of California, combining simplicity and economy, and which can be so al tered at any time as to meet the future wants of the community. The question is, whether we shall adopt a system which has less officers, fewer judges, and which is to be carried out afterwards when circumstances may require a change, or one which has a greater number of officers, will cost more, and cannot be changedi
The report of the majority provides for a Supreme Court, a District Court, a sys. tem of Cnunty Courts, and justices of the Peace. To avoid expense, the District Court judges are to act as Supreme judges. Here we make judges act as supreme judges and circuit judges. I think this is good policy at this time. It is adequate to the present wants of the country, and more economical than the others proposed. In the next place, we provide for a system of County Courts—a county judge who is to set as surrogate or judge of probate. The proposition of the gentleman from Monterey (Mr. Ord) requires that the clerks of the Circuit Court shall be elected by the people, and not appointed by the judge. We provide, on the other hand, in this report, that the clerk of the County Court shall act as clerk of the Circuit Court in the district in which that court is held. If the gentleman's system pre. vails, it will be very necessary that we should have in each county a judge of probate or surrogate. That will be another office created, because, in the report of the Committee, the county judge fills and discharges the duties of that office. I wish to look at this thing calmly and dispassionately, and to avoid unnecessary delay. If the proposition of the majority of the Committee possesses these advantages over the others, which I think it does, let us adopt it at once. Let us, at all events, confine ourselves to the point at issue, and not branch out into unlimited debate on incidental or extraneous subjects. I regard this as the only difference. We have labored long and arduously to form a judicial system adequate to the present wants of California, combining simplicity and economy, and at the same time calculated to meet the increasing wants of the community.
Mr. DIMHICK. I agree with the gentleman last up in some respects ; but, for one, I am in favor of the plan reported by the minority of the Committee. As far as it goes, it changes nothing in the lower courts. It is proposed as a substitute for the first six sections of the majority report. I consider it accomplishes something which in the majority report is incomplete. That system was formerly adopted by many of the old States. It was the manner in which they first esta blished courts ; but it was found insufficient and incompetent to do the business in an effectual and permanent manner. The whole of the States except one, so far as my knowledge extends, have changed from the old system to another; and in one State at least it was the cause of their calling a Convention to alter the Constitution. Let us examine it for a moment. Suppose we have four judges for the trial of cases. As this system provides, three judges of the Supreme Court constitute a Court of Appeals. Now we have four judicial districts in California. Suppose a case is tried by one of those judges in the northern district, and a decision is had in that trial. The case is appealed, and the second judge in the northern district agrees with the first. The two other judges, being the majority reverse, that decision. Suppose I bring another similar case in the Southern district, and I get a decision exactly as that case was decided by each of the northern judges. That case is carried up, and comes before the two judges in the north, who reverse that decision. I have then two decisions reversed. Such a system as that would give rise to endless delay and litigation. There is no stability in it. I therefore felt bound as a member of the Committee to intro. duce a different system. That is not all; there are many other objectionable fea. tures in it; one of which is the union of the two courts with the same judges. It is a system which has been exploded in all the States except one. I now move an amendment to the amendment of the gentleman from Monterey, (Mr. Ord,) to substitute the first section of the minority report in lieu of his amendment.
Mr. SHANNON proposed to amend that section by inserting : “ The Legislature may also establish such municipal and other inferior courts as may be deemed necessary."
Mr. DIMMICK. I accept the amendment. The phrase municipal and other inferior courts pleases me. I was about to remark upon the economy of this system. The objection on that point, in regard to the system proposed by the majority, is this: Judges from the north and south are to be convened at the