And at three o'clock and thirty-five minutes P. M. the Convention ordinary occasions, to the consideration of the subjects mentioned in the proclamaadjourned.

MR. CAMPBELL, from the Committee on Executive Department, it be not beyond the time fixed for the meeting of the next Legislature. presented the following report:

shall be President of the Senate, but shall only have a casting vote SEC. 3. To faciliate associations in which the capitalist pays current therein. If, during a vacancy of the office of Governor, the Lieutenant-wages, and, in addition, a certain share of the profits, after deducting Governor shall be impeached, displaced, resign, die, or become incapa-interest and a sufficient sum for the renewal of machinery. ble of performing the duties of his office, or be absent from the State, SEC. 4. To facilitate coöperative stores. the President pro tem. of the Senate shall act as Governor until the SEC. 5. To organize Courts of Arbitration by which all contests vacancy be filled or the disability shall cease. The Lieutenant-Gov-between the employer and the employé may be settled. ernor shall be disqualified from holding any other office, except as specially provided in this Constitution, during the term for which he shall

have been elected.

SEC. 16. In case of the impeachment of the Governor, or his removal from office, death, inability to discharge the powers and duties of the said office, resignation, or absence from the State, the powers and duties of the office shall devolve upon the Lieutenant-Governor for the residue of the term, or until the disability shall cease. But when the Governor shall, with the consent of the Legislature, be out of the State in time of war, at the head of any military force thereof, he shall continue Commander-in-Chief of all the military force of the State.

SEC. 17. A Secretary of State, a Controller, a Treasurer, an AttorneyGeneral, and a Surveyor-General shall be elected at the same time and places, and in the same manner as the Governor and Lieutenant-Governor, and whose term of office shall be the same as the Governor.

SEC. 18. The Secretary of State shall keep a fair record of the official acts of the legislative and executive departments of the government, and shall, when required, lay the same, and all matters relative thereto, before either branch of the Legislature, and shall perform such other duties as may be assigned him by law.

Referred to Committee on Labor and Capital.

SECTION - -.

STREET ASSESSMENTS.

MR. REYNOLDS introduced the following proposed amendment to the Constitution, in relation to street assessments: No municipal corporation shall have the power to levy or collect an assessment upon any property, or upon its owner, for the opening or improvement of any street, or to defray the expense of any street work, which assessment shall be greater in amount than the additional value given to such property by the opening or improvement of such street, or the doing of such street work.

Referred to Committee on City, County, and Township Organizations.

REGISTRATION OF VOTERS.

MR. ANDREWS introduced the following proposed amendment to the Constitution, concerning the registration of voters: SECTION. The Legislature may, by law, provide for the registration of voters, and may make such law applicable to such subdivisions of the State as may be proper.

Referred to Committee on Right of Suffrage.

TAXATION.

MR. NOEL introduced the following proposed amendment to the
Constitution in relation to taxation:
SECTION. All property in this State shall be assessed, for pur-
poses of taxation, at its actual cash value.
SEC. -

All persons in this State shall pay taxes on what they are
actually worth, and no more.
Referred to Committee on Revenue and Taxation.

SEC. 19. The Governor, Lieutenant-Governor, Secretary of State, Controller, Treasurer, Attorney-General, and Surveyor-General shall each, at stated times during their continuance in office, receive for their services a compensation which shall not be increased or diminished during the term for which they shall have been elected, which compensation is hereby fixed for the following officers for the two terms next ensuing the adoption of this Constitution, as follows: Governor, six thousand dollars per annum; Lieutenant-Governor, the same per diem as may be provided by law for the Speaker of the Assembly; the Secretary of State, Controller, and Treasurer, three thousand dollars each per annum, said compensation to be in full for all services by them respectively rendered in any official capacity or employment whatso-to ever during their respective terms of office; provided, however, that the Legislature, after the expiration of the terms herein before mentioned, may by law diminish the compensation of any or all of said officers, but in no case shall have the power to increase the same above the sums hereby fixed by this Constitution. The Legislature shall, by law, fix the compensation of the Attorney-General and the Surveyor-General, and may, in its discretion, abolish the office of Surveyor-General; and none of the officers herein before named shall receive for their own use any fees or perquisites for the performance of any official duty.

MR. CAMPBELL. I move that the report and draft be ordered printed and be made the special order for Monday, November fourth. Carried.

NEW PROPOSITIONS.

SECTION.

SECRET TRIBUNALS.

Mr. O'SULLIVAN introduced the following proposed amendment the Constitution, entitled "illegality of secret tribunals declaredpunishment of participants in them to be provided for:" Secret organizations and tribunals of an extra-judicial character, which assume to impose penalties upon persons, without sanction of law, are prohibited; and the Legislature is directed to provide, by the full force of law, for the suppression of such tribunals, and the punishment of all persons participating in their proceedings. Referred to Committee on Legislative Department.

LABOR AND CAPITAL.

Constitution, relative to labor and capital:
MR. HARVEY introduced the following proposed amendment to the

ARTICLE

THE PRESIDENT. Resolutions and propositions relative to the any legislation tending to promote the interests of the one necessarily

Constitution are now in order.

SUPPORT OF COMMON SCHOOLS.

MR. HUESTIS introduced the following proposed amendment to the Constitution, providing for the support of the common schools of this

State:

Resolved, That the following provisions be adopted in that article of SECTION The Legislature shall provide for a system of common schools, by an ad valorem tax on all of the taxable property of this State, by which a school shall be kept open and supported in each school district at least six months in every year.

the Constitution which relates to education:

SEC. It shall be the duty of the Legislature to preserve inviolate, for the support of the common schools, the funds already accrued and to accrue from the proceeds of sales of the sixteenth and thirty-sixth sections of land donated by Congress for common school purposes in this State.

Referred to Committee on Education.

SECTION 1. The interests of labor and capital being identical, and and in the same proportion advances the prosperity of the other, therefore no arbitrary restrictions shall be imposed by law tending to deprive or curtail the natural rights of either labor or capital in this State, and all legislation in relation thereto shall be such as may be best calculated to advance the interests of the rich and poor alike; and to that end the Legislature of this State may, by law, provide for the establishment of a Bureau of Industrial Resources, to be under the management of a Commissioner, who shall be elected by the people at the times and places prescribed by law, and in the same manner as other State officers, and whose term of office shall be the same.

shall receive such compensation for the performance thereof as may be
SEC. 2. The duties of such officer shall be defined by law, and he
fixed by the Legislature; provided, however, that such compensation, and
all the expenses of said Bureau, shall not in any case exceed the sum of
dollars per annum.
Referred to Committee on Labor and Capital.

MOTIONS AND RESOLUTIONS.

MR. REYNOLDS. I move that resolution number eighteen be taken from the table and referred to the Committee on Legislative Department. Carried.

The resolution was as follows: Resolved, That the Committee on be and are hereby instructed to inquire into and report as to the expediency of so amending the Constitution as to limit ration. the future acquisition of land by any one person, or association of persons, or corpo

MR. STEDMAN. According to notice given yesterday, by Mr. Wellin, he not being here, I wish to offer the following resolution:

Resolved, That Rule One be amended so as to read as follows:

RULE ONE-HOUR OF MEETING.

The Convention shall meet each day at nine o'clock A. M., unless it shall adjourn to some other hour. And be it further resolved, That

RULE TWO-RECESS.

The Convention shall take a recess each day from twelve o'clock M. to one and a half o'clock P. M.

MR. STEDMAN. I presume that there will be no necessity for debating this question at all. I think the Convention will unanimously agree to adopt that rule. We would be saved an hour and a half session each day, and it would expedite our business, therefore I will say no more in regard to it, but simply move its adoption.

MR. CASSERLY. Mr. President: I hope the resolution will not be adopted. Nothing will be gained by longer sessions, and I think more

time should be taken to consider these propositions out of the Conven-
tion, if the work is to be done properly, and so as to be a benefit to the
State. The recess now granted is not a minute too much. For my own
part, with all the diligence I can use, I am hardly able to get back here
in time.

MR. GRACE. I move that the resolution be laid on the table.
The motion prevailed, on a division, by a vote of 64 ayes to 41 noes.
MR. TINNIN offered the following resolution:

Resolved, That the State Controller is hereby requested to furnish this Convention with the cost of maintaining the militia of this State, commencing with the year eighteen hundred and fifty-six-said report can be made either in gross amounts or in detail.

Adopted.

MR. CASSERLY offered the following resolution:

Resolved, That the Superintendent of Streets of the City and County of San Fran

around and visit the public institutions of the State. Are they aware that the adoption of that resolution involves the payment of the mileage? Is that the intent? I would like to have that resolution read again. If it is the deliberate intention of this body to allow this committee to visit the public buildings of this State and pay their expenses while they are gone, I want the house to adopt the resolution with a knowledge of that fact.

MR. BROWN. I merely rise to inquire, did the gentleman move a reconsideration? I was under the impression that we could not reconsider on the same day.

THE PRESIDENT. The gentleman can only give notice of his intention to move a reconsideration, if he desires.

MR. CONDON. As a member of that committee and a resident of San Francisco

THE PRESIDENT. It is not before the Convention at all. It is dis

cisco be and he is requested to transmit to this Convention the following informa-posed of.

rule sixty-four.

THE SECRETARY read:

vention."

MR. HILBORN. I give notice of a motion to reconsider. MR. MCCALLUM. I move to suspend the rule in order to make that motion now. The motion prevailed, on a division, by a vote of 88 ayes; noes not taken.

MR. HILBORN. I move to reconsider the vote by which the Committee on State Institutions and Public Buildings were given leave of absence to visit the public buildings of the State. I cannot see what Legislature appoints committees of this kind to visit these institutions, good purpose could be subserved by this roving commission. Each for the purpose of ascertaining what appropriations should be made, but what object there is in a committee from this body paying such a visit expense of paying their mileage, because it is the law of all parliamentis beyond my comprehension. It will entail upon the Convention the ary bodies of this kind, that where we authorize committees to go away we impliedly promise to pay their expenses, and so far as I know the expenses are always paid.

MR. CONDON. There is no necessity of the motion made by the gentleman from Solano, Mr. Hilborn. It is not the intention of the committee to exact from this body any mileage. The members of the of the Secretary of the State Prison Commission, they intend to visit that institution; and I believe the Chairman of the committee well understands that it was the acknowledged intention of that body not to exact any mileage whatever. If I am in order I would move that the committee have leave of absence, provided, however, that no mileage be granted.

is on the motion to reconsider the vote by which leave was granted the
THE PRESIDENT. It is not in order at present. The first question
Committee on State Institutions and Public Buildings.
The motion prevailed.

"No leave of absence shall be granted until the reasons therefor shall have been fully stated and approved by an affirmative vote of the ConMR. FILCHER. Mr. President: I would ask to amend the proposi-sub-committee are residents of San Francisco, and at the earnest request tion by striking out "an affirmative vote of the" so that it will read: "No leave of absence shall be granted until the reasons therefo shall have been fully stated and approved by this Convention." It seems to me that the very least that this Convention can ask of those desiring leave of absence is that the reasons therefor shall be given. The custom under which we have been acting I know is one of long-established precedent, but I think it is a bad one. It seems to me when members enter into a contest for positions of this kind they should consider the character and nature of the responsibility they are assuming. They have no right to accept such positions unless they can discharge the duties, and they ought to resign their seats unless they can give at least half of the time to the duties they were elected to perform. The prece-not dent is a bad one, and the privilege is to a certain extent abused here. have here to-day an example-a forcible illustration-of the abuse of this privilege. Though we have not the reasons for the absence of one half the members, yet it is undoubtedly a fact that many of them are absent on trivial causes, and could as well be here as not. I know that leaves of absence have been asked for members for the most trivial causes. I, for one, would like to know, when a man asks for leave of absence, what are his reasons, and if they are not sufficient, I shall stand here to protest.

We are entitled to the attendance of the members on this floor. We

MR. STEDMAN. I second the motion.

MR. LARKIN. I think there will be no necessity for that resolution to be passed at this time, for this reason: if we avoid making special orders a week in advance it will compel members of this Convention to remain here and we will have no necessity for that rule. We have now two or three propositions that have been made special orders. Had they not been made special orders our Convention would have been full this morning. I think if this Convention would determine to have no more special orders it would be all right.

MR. HUESTIS. I think this is a question we can dispose of very quickly. I move to lay the resolution on the table.

The motion prevailed, on a division, by a vote of 72 ayes-noes not taken.

MR. OVERTON. The committee did not anticipate any pay, and do expect to charge this Convention a cent. It was to accommodate the State Prison Commission as much as anything else. They wanted us to meet them there in San Francisco, and let them know at what time they could meet us. We have received communications from the State Prison Commission in San Francisco, wanting to know when we would come, and we did not expect to charge this Convention a cent. We have agreed that we would invite them to meet us, and we would go down there for the purpose of conferring with them. We simply want the leave of absence.

MR. CONDON. We have already notified that Commission as to the time and place in which the sub-committee will meet them, next Monday.

MR. HAGER. Mr. President: I do not see any propriety in passing a resolution so general as to include all the public buildings of the State. Almost every Legislature sends out its committees to make reports in regard to the public institutions, and these reports can be found on file for the information of every member. There is some propriety in sending the committee to the State Prison [laughter] so far as our labors

are concerned here.

MR. BARNES. I rise to a point of order, and ask that the words of the gentleman be taken down. He talks of sending a committee of this

body to the State Prison.

MR. LARKIN. I desire to give notice that on Monday I will move to amend Rule Fifty-two by striking out all after the word "to" and inserting "the Committee of the Whole," so that propositions and reso-ment of that institution in the future. It has been in the charge of the lutions introduced hereafter shall be referred to the Committee of the Whole instead of the various committees. I want that this Convention

shall do its work in Committee of the Whole.

MR. OVERTON. The Committee on State Institutions and Public Buildings find it necessary before making their report to visit some of the State institutions. We have received a number of communications from different institutions requesting us to come and visit them, and we want to make some investigation in relation to the State Prison. In order to do this it is necessary to have a leave of absence for a few days. I move that the Committee on State Institutions and Public Buildings be granted four days' leave of absence. Carried.

MR. SWING offered the following:

Resolved, That the Adjutant-General be requested to give the number of killed, wounded, and missing of the militia since the organization of the National Guard of this State.

[Laughter.]

MR. HAGER. I am glad to see that my friend is so ready to come to the rescue of members here in his military capacity. I think there is because there is a proposition pending here in regard to the managesome propriety in sending the committee to that institution [laughter], Lieutenant-Governor; and it has always been a question before the Legislature whether the Lieutenant-Governor properly should be should not have a Warden or some Commission to control and govern charged with these duties. It has always been a question whether we that institution; and therefore it may be desirous for us to have some information so far as it refers to that institution. In regard to all the other public institutions of the State, I think we have sufficient information. I would propose to limit the action of the committee to that one institution.

MR. ROLFE. Mr. President: I cannot see the propriety of sending any of this Convention to the State Prison, unless they go at the expense of the State. If there are persons who desire to confer with this committee, here is the place to confer with them. As to the other institutions of the State, why, we have a member in one other institution, and are liable, if we stay here long over the one hundred days, to get into some of the other institutions or asylums-orphan asylums, for instance. [Laughter.] I must say, that if this is for the purpose of accommodating

THE PRESIDENT put the question and announced: "The ayes have any of the State officials, it is their place to come here and confer with it unanimously."

MR. HILBORN. I rise to call the attention of the house to the resolution which they have adopted to permit some committee to travel

this body, so that we can go on with the business of the session. There are more of us absent already than there ought to be. There is a special order for next Tuesday, and these members ought to be here.

MR. BARNES. Mr. President: While we are discussing this subject, I desire to express my thanks to my colleague from San Francisco for his compliment to me as Chairman of the Military Committee, and, in return, I do now move that he be sent as a committee of one to the lunatic asylum. MR. BROWN. Mr. President: It appears to me from what has been said that the Legislature, at different sessions, has received information concerning the State Prison and other matters that may concern this body. That it is necessary for this body to have a special commit-required before, and we think it ought to be stated in addition to the tee to attend to it and see what is necessary to be done, I do not see the point. I think there is nothing of the kind. I am convinced that there is nothing that would convince the minds of these members upon the question of the State Prison but that they can have access to without going to San Francisco and investigating the subject any farther than the records show, and the information that may be attainable here in this city. I therefore see no reason whatever for sending that committee. MR. LARKIN. I move the previous question. MR. CAMPBELL. If the gentleman will allow me, I desire to make a suggestion. I suggest that the committee have two days leave of absence, commencing on next Saturday. That would enable them to return on Monday afternoon and enable them to do what they desire. | MR. LARKIN. I withdraw my motion.

Governor and Chief Justice of the Supreme Court. It was not thought advisable to trouble the Chief Justice with simple questions of delay of execution, and we thought it right that the Governor should have the power to grant reprieves until the testimony is produced, without consulting the Chief Justice. In cases of impeachment, the power remains the same as before. Now, in the fourteenth line we have made what we deem to be an important amendment, by the addition of the words, "and the reasons for granting the same." That has never been date of the offense and pardon. We, therefore, inserted these words so that the Governor should report to the Legislature the reasons for granting the pardons or commutations of sentence. The chief amendment is made at the bottom. "Neither the Governor and Chief Justice, nor the Legislature, shall have power to grant pardons or commutations of sentence in any case where the convict has been previously thrice convicted of felony." I am told, sir, that there are in the State Prison men who are serving their sixth term, and some who are serving their tenth term. Men sentenced three and four times are exceedingly common there. This is probably owing, in a great degree, to the manner in which they are treated there, which was well described by my friend from Alameda, Judge Campbell, the other day. They look upon it, in some respects, as the happy Valley of Rasselas, where they are free from care. I hope that we shall make the third or fourth sentence more heretofore. For myself, I would almost allow a jury to sentence them to death, on the ground that, being past reformation, their lives were worthless; but that is rather contrary to the opinions of the public, and I simply want to suggest that they should not be put in the category of mercy. There is no use of turning them out, as all experience shows. The principal amendment is on the power of commutation and pardon which has been vested in the Governor and Chief Justice. It is exceedingly difficult to state the grounds that ought to govern the executive clemency. It has been left undetermined. No rules have been laid down in the Constitution, none have been attempted to be stated in the laws, because it is exceedingly difficult for any one to state the grounds on which alone executive elemency should be granted. The Governors themselves have never attempted to reduce it to any rule. There are cases where simple sentiment, simple emotion, or outside influence has operated upon the Executive and induced him to grant pardons. While they cannot fully agree with the arguments presented to them, they still have respect for those making the application and must entertain their plea, and, while not fully justifying their own course, silently acquiesce, even when their judgment cannot render any good reason for it. Such has been the system and the law. Such has been the idea of the Constitution by leaving it in the discretion of the Executive. But there have been great abuses in this State and elsewhere, as everybody understands. Men have been pardoned when there was no reason for it—at least an outsider can see no reason for it.

MR. TINNIN. Mr. President: I desire to call attention to the fact that a majority of the Commission of the State Prison reside in Sacra-pregnant of evil consequences to the convict than they have been mento, that is, the Governor and Secretary of State. They can have their meeting in Sacramento without going to the State Prison. MR. CAPLES. I move to amend by providing that the committee, after its arrival at San Quentin, be made "trusties."

THE PRESIDENT. The amendment is out of order.

MR. HUESTIS. The resolution is now before the house. I move to lay it on the table.

MR. TULLY. Mr. President: I would like to inquire, is there any rule that prohibits or prevents that committee from going to the penitentiary if they want to-provided they be guilty?

MR. HUESTIS' motion prevailed, and the whole subject-matter was laid on the table.

MR. STEDMAN offered the following resolution:

Resolved, That the Secretary of State be requested to place on the desk of each member of this Convention a copy of report of Senate committee of the session of eighteen hundred and seventy-seven and eighteen hundred and seventy eight on

Chinese.

MR. STEDMAN. Mr. President: We will soon consider the report of the Committee on Chinese, and I think if this report is placed in the hands of each member it will be a very valuable aid to them. I understand that there are some thousand copies in the Secretary of State's office at present, useless, and that is the reason why I offer the resolu

tion.

MR. HILBORN. Mr. President: I move to amend by adding to the resolution," provided they are on hand in the Secretary of State's office." Don't let us start in printing them.

MR. STEDMAN. I accept the amendment.
The resolution as amended was adopted.

MR. WATERS. Mr. President: It seems there is very little business
before the Convention, and in view of the fact that there is yet a great
deal of committee work undone I now move that this Convention
adjourn.
MR. SHAFTER. We have some business before the Convention, and
that is the report of the Committee on Pardoning Power.
The motion to adjourn was lost.

PARDONING POWER.

MR. SHAFTER. Mr. President: If it is in order I wish to call up the report of the Committee on Pardoning Power. I move that the Convention resolve itself into Committee of the Whole, the President in the chair, for the purpose of considering the report of the Committee on Pardoning Power. Carried.

IN COMMITTEE OF THE WHOLE.

Now, it was thought that by associating the Chief Justice with the Executive, the latter would receive potential and important aid. In many cases of convictions for felony the reasons for and against granting a pardon or commutation of sentence would be more fully understood by the Chief Justice than by the Governor. It was suggested to place the pardoning power in the hands of a Board of Wardens of the State Prison. We were disinclined to grant it to them because they are political officers to some extent and certainly business officers. The men in command of the prisons know how to purchase beef, buy wood, make contracts, and conduct the business of the institution, but they are not men selected for the qualifications necessary to discriminate as to who ought to be pardoned. In Vermont, my native State, they have Wardens, but the power of pardon is confined to the Executive. I have taken occasion to look over various Constitutions upon this subject. Massachusetts, Maine, and New Hampshire, leave it to the Governor and a Council. This system has worked well there because the mer. appointed in the Council have been men of age and experience who have retired from the active affairs of life, and who are entirely removed from the political world and its atmosphere. Take the case of Dr. Webster, who murdered Parkman, and the appeal made to the Governor and Council of Massachusetts. They hung him notwithstanding

The Secretary read the draft of the proposed section reported by the all of the applications that were made to them. But I submit, without committee, as follows:

AMENDMENT NUMBER FOUR HUNDRED AND FORTY-FIVE-ARTICLE FIVE.

SEC. 13. The Governor shall have the power to grant reprieves, and the Governor and the Chief Justice of the Supreme Court shall have power to grant pardons and commutations of sentence, after conviction, for all offenses, except treason and cases of impeachment, upon such conditions, and with such restrictions and limitations, as they may think proper, subject to such regulations as may be provided by law relative to the manner of applying for pardons. Upon conviction for treason, the Governor shall have power to suspend the execution of the sentence until the case shall be reported to the Legislature, at its next meeting, when the Legislature shall either pardon, direct the execution of the sentence, or grant a further reprieve. The Governor shall communicate to the Legislature, at the beginning of every session, every case of reprieve or pardon granted, stating the name of the convict, the crime of which he was convicted, the sentence, and its date, the date of the pardon and reprieve, and the reasons for granting the same. Neither the Governor and Chief Justice nor the Legislature shall have power to grant pardons, or commutations of sentence, in any case where the convict has been previously thrice convicted of felony.

MR. SHAFTER. Mr. Chairman: In the draft which the Committee on the Pardoning Power have submitted, there are four or five alterations of the old Constitution, only two of which are at all material. The Governor retains the power of reprieve in all cases, while the power to grant pardons and commutations of sentence is vested in the

If we were

any disparagement to this State, that we should not be very likely, if
the experiment were tried, to get that kind of a Council. In Maryland
it is referred to the Governor and Justices of the Court of Appeals. In
about four or five States it is referred to the Governor and Senate. But
in seven eighths of the States-something like twenty-five or thirty-it
is left to the Governor alone, just as it is, in California now.
sure of getting the right material in the office of Governor, for one I
should be in favor of retaining it there. It seems to me that in refer-
ring it to a Board one man may affect the whole of them. If, however,
a Board should be attempted, it should require unanimous action on the
part of the whole Board, so as to see that there should not be a loss of
justice.

These were the general ideas that seemed to impress themselves on the committee. It is recommended as a sort of compromise between those who favored leaving the power in the hands of the Governor and placing it in a Board. We think that probably it ought to be referred to the Governor and Chief Justice of the Supreme Court, but we are not very obstinate in this matter. I therefore move its adoption.

MR. CAMPBELL. Mr. Chairman: I move to amend by striking out "Chief Justice of the Supreme Court" and inserting in lieu thereof "Attorney-General." The reasons given by the Chairman of the Committee on Pardoning Power are certainly excellent, but there is one difficulty in the way, and that is that it is absolutely impossible for the Chief Justice of the Supreme Court to attend to the business. He will have as much as he can do to attend to the duties of his Court, and it will be absolutely impossible for him to discharge the duties which it is

MR. LARKIN. Mr. Chairman: I shall oppose both the amendments and the substitute offered by the gentleman from Trinity, Mr. Tinnin, and for this reason: I believe that the true principle is to place it in the hands of a Commission, and that the majority of that Commission should be elected with a view to the duties and have control of the penal institutions of the State. I believe that two Commissioners could be elected who, in connection with the Governor, could discharge the duty with better satisfaction to the people of the State, both in connection with the pardoning power and with the conduct and control of these institutions. For these reasons I shall vote against both of these propositions, the one offered by the gentleman from Alameda, and the one offered by the gentleman from Trinity. I do not believe that either would work well. I believe there should be elected a Board of Commissioners who should take charge of the State Prisons and remove the Lieutenant-Governor from that place, and under its management seek residing there, knowing the men and knowing the circumstances, would know better who should be pardoned than any one else from outside reports. I shall oppose these propositions and go for the election of two Commissioners to act in connection with the Governor in the matter of pardons.

proposed to place upon his shoulders. I therefore suggest that the Attorney-General be substituted in his place. So far as all these cases that go to the Supreme Court are concerned, the Attorney-General will have had occasion to examine the records. He is an officer entirely independent of the Governor, elected by the people, possessing that class of qualifications which ought to enable him to determine questions of this kind, and in all respects, I think, a very suitable person to be selected to associate with the Governor in this duty. While there has been a great deal of comment upon the exercise of the pardoning power, it has chiefly arisen from a few isolated cases where, undoubtedly, gross errors have been committed in the exercise of that power. But there is a very general mistake as to the number of pardons which have really been granted by the Governor during the period that he has exercised that power. I am informed by a gentleman at my left who was in the last Legislature, that upon inquiry of the proper authorities it was ascertained that the whole number of pardons since the organ-to make it self-sustaining. I believe, too, that these Commissioners, ization of the State, is only seven hundred and three up to the first of January last. I had myself supposed it was much larger. But these are the official figures. Still, I think it would be better that two persons should concur in the exercise of this power, and I know none in official life better qualified than the Governor and Attorney-General. I therefore offer this amendment.

MR. HOWARD. Mr. Chairman: I move to amend the amendment 50 as to add the Attorney-General and the Chief Justice of the Supreme Court; so that the two may act.

MR. TINNIN. I move to amend by adding, "and the Judge before whom he was convicted, if living in this State."

MR. SMITH, of Kern. Mr. Chairman: I hope that neither of the amendments will be adopted. It is generally conceded that the pardoning power should be taken from politics as much as possible. The office of Governor is purely a political one, and so is the office of Attorney-General. The office of Chief Justice is supposed to be non-political, or that position is intended to be left out of politics as much as possible. Now, in the committee it was thought best to unite the Chief Justice with the Governor for the purpose of putting some check upon the politiunite the Attorney-General with him you unite still more political influence I am opposed also to uniting the Judge of the District Court who tried the case, because I think the general tendency is that Judges in such positions grow to be prejudiced. And then again, as has been mentioned here, if they are far removed from the Capital here, it would be somewhat impracticable for the Judge of a District Court to meet with the Governor or other Commissioners for the purpose of looking into the matter of granting pardons. I do not think, either, that the proposition of my friend on the right, Mr. Larkin, is practicable, and for the same reason: these parties will not be together.

MR. CAMPBELL. I hope not. I think there is danger in calling in the Judge who tried the case. The Judge in trying a case necessarily forms very strong impressions in regard to the party, and of course hecal influence generally brought to bear upon the Governor. If you is unacquainted with his subsequent conduct and various other matters. I had an idea myself, when the matter was to a certain extent before the Committee on Executive Department, that it would be better to have the recommendation of the Judge who tried the case or the Court where it was tried. But the objection occurred to me that the Judge might possibly have his mind strongly biased in the case, and for that reason I offered the amendment in the shape I have offered it.

MR. TINNIN. Mr. Chairman: I think that it is urgently necessary that the people should be represented in a case of pardon, and I offer this amendment for that purpose. The Judge who resides usually in the vicinity where the crime is committed, and who is conversant with all the facts and circumstances, is certainly more competent to judge of the crime than strangers who know nothing about it. I maintain that he is the source from whom the pardon should come. He represents the people of the place where the crime is committed. We all know how Governors are worked upon by sympathy. I hope that in the discharge of this duty the Convention will hold that it is necessary for the people to be represented, and they can only be represented by the Judge or person before whom the person was convicted.

Now it has been mentioned by the gentleman from Alameda, Mr. Campbell-and that is the objection he raises to the Chief Justice acting on this Commission-that he will not have the time to attend to the duties, and yet that gentleman has stated that there has been only State. Now it will not take much time if that is the case. seven hundred and three pardons granted since the organization of the

MR. CAMPBELL. That is not the number applied for. The number applied for is probably five times that.

MR. SMITH, of Kern. I presume there will be more applications MR. TOWNSEND. Mr. Chairman: I hope the amendment will pre-when there is more hope of pardon, and their hope would increase when vail. I hope that the people of the State will be represented in the mat-there was a Board that could be reached by political influence. Of course ter of pardons, for it is evident that pardons have been obtained entirely the Governor should have something to do with this, but it seems to me too easy. I myself have seen many instances where the most hardened that the safest check upon political influence would be that of the Chief criminals, men who had led long lives of crime, have been pardoned in a Justice, lifted high as he is in dignity and importance. very short time. It has been ably argued by gentlemen upon this floor that the law had very little terror for criminals, and it is undoubtedly true. Men who commit crime are sentenced to the State Prison, which is certainly a very little punishment. But if it is distasteful to them, if they do not like the place, they get some one who has political influence, or some one who can work on the sympathies of the Governor, and in a very short time they are pardoned out. I know a circumstance that occurred in my county, where a part of the crime was committed in my county, and the party was convicted in an adjoining county. He was a man who had led a criminal life for many years. He was convicted and sent to the State Prison for thirty years, and the Governor was about pardoning him out a short time ago upon information that was not cor-power. I want to move a substitute which will provide for the election rect, because he did not get his information from the county or place where he was convicted. I myself conversed with him, and told him something of the man's history, referred him to parties that had known the man years before, and I think, after getting the information that he has, the man will not be pardoned. I think that the Governor is often misled, and in this way criminals are pardoned and turned loose on the community to commit fresh depredations and crimes. After the people of the county have been put to all the expense and trouble of convicting them, it amounts to nothing. I hope the amendment offered by the gentleman from Trinity, Mr. Tinnin, will be adopted.

MR. WHITE. Mr. Chairman: If there is anything in the experience of the past, this thing of giving the Chief Justice the duty of assisting the Governor in this matter seems to me entirely out of place. Each of the Governors, as I read their messages, say that their time is constantly taken up with applications for pardon; that there is hardly a day that the friends of convicts do not come to them and beg of them to liberate some one. More time is occupied by the Governor on this one matter than any other matter that belongs to his duties. Each Governor, and the present Governor, in his message, requests that this thing should be taken out of his hands. Now, sir, I think we need a change in the whole government of the State Prison, including the pardoning of three Commissioners, who shall govern both State Prisons, the insane asylums, and all the institutions under the control of the State government, and that the Governor shall pardon when unanimously recommended by these Commissioners, and under no other circumstances whatever. I would like to have my substitute read and have a word to say upon it.

THE CHAIRMAN. It is not in order at present. The question is on the amendment offered by the gentleman from Trinity.

MR. SHAFTER. Mr. Chairman: I hope that the amendment will not obtain. Under the present system the County Judges send a large class to the State Prison. The amendment is put upon the ground that the people ought to have something to say. I prefer that the thing should be settled by the law, which is the collective expression of the where a crime is committed are very often the very persons that render it necessary to change the venue in order to get rid of prejudice. Whether they are right or wrong they are not fit to sit in judgment on the question. Their minds are made up, and when it comes to judging upon the proper weight to be given to the evidence they do not judge at all. The opinion of the Judge may be in accordance with the verdict of the jury or otherwise. It is very often the case that Judges, within twenty-four hours after the jury have rendered a verdict, petition the Governor for reprieves or pardons. I do not think that the slightest attention should be paid to them. They ought to hold on a week at least. The Judge now has a right to file his opinion. He will file an opinion and get up with the evidence before the Governor and state his views upon the condition of the witnesses, their appearance on the stand, their fairness, and all that has been gone into. I do not think the Judge below is the proper person hardly to trust this power to. He

MR. CROSS. Mr. Chairman: It seems to me that there are two reasons why this amendment should not prevail. One class of cases in which the pardoning power is frequently used is that where a person has been convicted under the influence of some local prejudice or feel-people upon this subject. It is true that the people in the vicinity ing against him. These things sometimes reach the Judge and the men who are to compose this Board of Pardons should, as far as possible, be separated from the local influence which caused the conviction. Now, if this Board of Pardons is to consist of three, the three should meet and confer together, which will involve great inconvenience. Take the case of Judge Fawcett, of Santa Barbara County, who occupies a seat here. He would either have to come from a great distance to confer with the Attorney-General and the Governor, or the Attorney-General and the Governor would have to go to his district. Now this would be a matter of great inconvenience, and it would frequently result either that he could not participate in any way in the matter, or else he would have to leave important duties to attend to it. It seems to me that it would be very improper to make the District Judge, the man who has tried the case, the man to determine whether a man is worthy of being pardoned.