Sacramento Daily Union, Volume 7, Number 189, 30 September 1878 — CCNSTITUTIONAL CONVENTION. [ARTICLE]

CCNSTITUTIONAL CONVENTION.

CAUCUSES . AND CONFERENCES. Conflicting' Opinions — The Component j : Parts ' of the * Convention— Communists, Confiscatois and Conservatives — The ' Plans 2 and ' Plots— Conference . of ; Satur--7 day Evening. ■ The proceedings outside of the record in all legislative assemblies are by far the most interesting The underlying reasons for things, with the unconfessed motives, constitute the more significant chapters of real history. The Constitutional Convention has been in session long enough either with open proceedings or side transactions to reveal its con. stituent elements and to indicate in some degree the character ;. of the conflicts of which the coming sessions will be the arena. The prologue to the real piay has already been acted,' and this morning the curtain will rise upon the real drama. The Communistic wing, called Workingmen, very naturally took on the accustomed form of Communistic method by the formation of a Jacobin Club, whose members are sworn to the profound secrecy of a star chamber. 2 It appears in the Convention by far the most compact and wieldy element. 2 ft is a well disciplined party deputation, and more strongly under the influence of cohesive tendencies duo to party pressure than any party element ever before appearing in a legislative assembly in this State. The party behind it is less tolerant of independent thought and action than any before existing. It at once takes on the method most consistent with this character, " by the organization of a secret club, binding its members to a control which promises to counteract the force of deliberative proceedings in the Convention. The wing is susceptible of subdivision into two classes— those whose Communistic affiliations arise out of positive opinions as to the best forms of government, and those who, by natural instincts, are restive under the restraint all idea ■of government Imposes, and therefore ally - themselves, by natural affiliation, with the party which for the time is more distinctly the exponent of dostruetiveness and discontent. This latter element, being devoid of ideas or opinions, is a good following for the positive propagandists of visionary Ideas, and thus cohesion is secured. ( The conservative wing is strong in its personnel. It comprises more ripe maturity of judgment, scholarly attainment and special knowledge in soda} and governmental science than any legislative body ever before assembled in this State. In intellectual force, oratorical ability and broad comprehension of the practical possibilities of goveminent, it is an assemblage of the highest order, fully representative of the best talent and culture of the State. Within its lines are subdivisions of classes but unlike the former case, these subdivisions are due to sharply-defined differences of positive opinion. These differences have found opportunity for but partial and imperfect development ; but the outlines of two or more wings are already discernible. There is the class who hold to the American idea, that the attainment of justice is the foundation of government ; that the great problem of human government is how to combine the greatest good of the whole with the least practicable restraint upon individual liberty that the end of government is to protect men in their natural rights, without restraint upon natural capacities. . Opposed to this is already seen a class favoring parental government, under which the confiscation of regulation shall be mandatory and constantly opciative. There is also something of the almost obsolete divisions of State rights against federal centralization ; of universal against restrictive suffragists. But the prevailing tendencies of thought places the contest between socialism and legitimate government in the foreground, and will neeessariljwubordinate all other contests." Already the party distinctions of Republican and Democrat are losing outline, and except where State rights doctrines intervene, will he lost sight of when the real business of the Convention begins. The preliminary struggle for the organization of the body was formally inaugurated by the open conference of Saturday evening, a full synoptic report of which follows: THE CONFERENCE. The Conference was called to order at a few minutes past 8 o'clock by W. .1. Tinnin, of Trinity. In doing BO he said : Gentlemen of the Convention : This meeting is called, as 1 understand it, for the free interchange of opinion by the members of this Convention upon the question of the organization of the Convention, and it is further understood that no gentleman, by bis participation in the proceedings here, will be bound By the action of the majority. In accordance with that view I now nominate, for Chairman of this meeting, the Hon. M. M. Estee. Mr. Estee was unanimously elected, and on taking the chair said : ■--.-.- .... Gentlemen of the Convention : As I understand it, we are assembled together for the purpose of consultation only. This call is made to the Nonpartisan, the Democratic and the Republican members of this body. It was necessarily made to that part of this Convention because another portion of ' the Convention have for days been caucusing in another part of the building. It became nee Bsary, or it would seem to be necessary, for us to meet in ] consultation, if we .expect, as the representatives of : the people of this State, to control the organization of this body, to meet and consult as to who are the fittest gentlemen for the various positions within the gift of this Convention ; and while, as my friend from Trinity who has just taken his seat, has said, as I understand it, it is not intended to bind any gentleman by any act that may be done here, to vote for any particular person, yet at the same time it was deemed advisable by some of the friends of the people and those representing the best interests of this State, and who were elected here to carry out the ideas enunciated by the Non-partisans, and I may say Democratic and Republican organizations, who placed the nominees in nomination who are now elected, I say it would seem to be necessary that we should meet and inquire among ourselves' what action should be taken. It would strike mc, and it has been suggested by others, that after such interchange of views as may be thought advisable, that a ballot should be taken ; that no names, for instance, shall be suggested, but a ballot taken just to see what persons are the most popular in this Convention, and what on a can command the most votes, and then any action subsequently that may be deemed advisable can he taken. It would seem necessary also that a temporary Secretary be selected, as the roll will have to be called. Any motions of that kind will now be in order. S. G. Hilborn nominated Ilufus .Shoemaker, of Nevada county, who was unanimously elected Secretary, and proceeded at once to call the roll of Nonpartisan, Democratic, Republican and Independent delegates. The following PELEOATES IN CONFERENCE Answered to their names : James -J. Aj'crs, W. H. L. Barnes, Isaac S. Belcher, J. Berry, Marion Biggs, Eli T. Blackmer, H. C. Hoggs, Josiah Boucher, Joseph C. Brown, Samuel B. Burt, James Caples, Eugene Oasserly, Augustus 11. Chapman, -L M. Charles, D. H. Cowden, James M. Dudley (Solano), W. L. Dudley (San Joaquin and Amador), Presley Dunlap, John A. Eagan, Henry Edgerton, Morris M. Estee, Thomas H. Estey, J. A. Filcher, Abraham C. Freeman, J. B. Garvev, William J. Graves, V. A. Gregg. James E. Hale, J. IS. Hall, Joel A. Harvey, W. F. Huestis, S. G. Hilborn, John R. W. Hitchcock, Joseph P. Hoge, Samuel A. Holmes, Volney E. Howard, Daniel Inman, L. F Jones, James H. Keys, Thomas ii. 1 Lame, R. M. Lampson, Hugh M. Larue, David Lewis, John Mansfield, Edward Martin, John G. McCallum, Rush Mc Comas, Thomas B. McFarland, John F. McNutt, John F. Miller, \V. W. Moreland, James E. Murphy, George Ohleyer, J. M Porter, William H. Prouty, Mark R. C. Pulliam, Patrick Reddy, Charles F. Reed, John M. Rhodes, Charles S. Rtagold, Horace C. Rolfe, George W. Schell, Justus Schomp, James McM. Shatter, I.tifus Shoemaker, Benjamin ShurtIcff, E. O. Smith (Santa Clara), George V. Smith (Fourth District), George Steele, David C. Stevenson, C. V. Stuart, W. 3. Tinnin, F. O. Townsend. P. H. Tullj-, Henry K. Turner, Walter Van Dyke, William Van Voorhies, John Walker (Tuolumne), Byron Waters, Jonathan V. Webster, Joseph R. Weller, 11. C. Wilson (Tehama), Samuel M. Wilson (First District), Joseph W. Winans. ■ David S. Terry and Alex. Campbell, Jr., arrived from Placerville and Were present in addition to the above towards the close of the meeting, j Total number answering to their names, 83: r. : Mr. Freeman, of Sacramento, moved that each of the members present vote by writing on a slip of paper the name of the person whom he prefers for President of the Convention. ■ : The motion was seconded and carried unanimously. J - . The Chair apoointed as tellers J. McM. Shatter, Eugene Casserly and W. J. Tinnin. -"..'. . The first ballot resulted as follows : J. P. Hoge, 49 ; M. M. Estee, 4 ; Volney E. Howard, 8 ; John Mansfield, 2 ; J. J. Ayers, 3 ; Henry Larkin, 1; John S. Hager, 1 ; 1. S. Belcher, 9 ; Byron Waters, 1 ; J. V. Webster, 4 ; W. H. L. Barnes, 1. Total, 83. . Mr. Mansfield thanked bis two friends for the compliment and declined to be a candidate for presiding officer. Mr. Estee also withdrew his name after thanking his four admirers. - ' Mr. Barnes withdrew his name and requested his friends who had done him the honor of voting for him to cast their voses for Mr. Hoge. . Mr. Waters made the same remarks to his friends, with the exception of the last clause. * He requested kis friends to cast their votes for General Howard. Mr. Avers withdrew his name in favor of General Howard also. ...■-' . . MR. HOWARD'S VIEWS. Mr. Howard— Mr. Chairman, I wish to state that I am not a candidate — not desire the position of presiding officer of this body, though I confess I do not understand what we are driving at; but I certainly do not wish to participate in the proceedings any further. Ido not know how to vote unless I know the sentiments of the candidate for whom I am called upon to vote. I don't propose to go it blind. I Sir, it cannot be misunderstood that there are certain bed-rock questions here which we cannot evade or avoid. . Now, sir, the gentlemen who have been voted for here it would give me great pleasure to vote for, if I knew what they were in favor of. This is not a personal contest. | Upon the organization of this body and the constitution of the committees depends, to a great extent, the complexion •of tbe Constitution you will present to the people. Now, sir, what is the use, if we are not bound by what we are doing here, what is the use, I say, to go on in this manner, unless we hear tho sentiments of those who are to be candidates, and unless we know ■ in ' what : manner they will probably constitute the committee* of this Convention. • Now, sir, there ..' is ¥ the f ' question iof .- taxation _to begin with. .What are we to do on that subject* Everybody admits that the present system Is vicious. Everybody admits that the present system of assessment U erroneous. That it i* a system of favoritism, a ' system of inequality, a system, if I ay so express myself, of false valuations. ;. For instance, in my county, the railroad is assessed at $6,000 per mile for the running bed— the price of old iron, and for the large subsidies in land which they have re-

' ceived tbey are assessed at ' less than $1 an acre, ; though clients of mine have informed me that they j have paid *10 an men. % This cannot be right, and it is necessary before I vote for anybody, for me to ! know vuat the candidate proposes in relation to that matter, . either ■ now > or , before '--. we ■ assemble ion -* Monday. .7 Then, /sir, ' there 2 is y J - the I subject it monopolies," which I imagine cuts more i figure lure than appears on the face of things. For my part 1 can say with safety, as 1 am not a candi- ! date aim shall net be, I can sag that I am in favor of ! regulating corporations [applause V and I will vote for no man who does not distinct _• say that he is in favor of the same thing. * Now I know the difference, for instance, speaking of freights and fares, between what should be the rule in this State and the rule in the Atlantic States, but there is no sense in the charges i being three or lour tiroes as much as on ' the great trunk lines of the East. The Transportation Commissioners lately reported that they • were unable to arrive ' at . the tariff of freights and fares, because : they could not get any re|K>rts from the railroad companies, but the organic Act gives us the right to send for persons and papers and to imprison for contempt, and 1 wish to see the committee who are to investigate this thing take evidence and sec what is fair and just to the railroads and what is fair and just for the people, and will stop this extortion and this discrimination. ":' 1 must be satisfied on that point before I vote. ■-.-'■ ' . There is another matter very prominent and that we cannot ignore, and that is the matter of Chinese immigration. What are we to do on that subject ? How arc 'we to I dispose of Jit - For my part I agree with the groat case of Milan against the City of New York that the whole subject of dctermihing who are safe aud proper citizens, is a matter entirely within the jurisdiction of the State, and not within the jurisdiction of the Federal Government, for the Court says in that case that it is exclusively in the State, and not in the jurisdiction of the Federal Government. Sir, 1 must know- what are the sentiments of the gentlemen who are to constitute the committees of the Convention. 1, sir. am in favor of shutting the Golden Gate against Chinese lepers. (Anplause.) • Mr. President, I do not say these things to produce any dissension... but it is better that we understand each other, for we will never arrive at any result until we do. (Applause.] / MORE WITHDRAWALS. Mr. Bel'hcr withdrew his name, thanking his Mends w to voted for him. Mr. II.'M. I trust that Judge Belcher will not withdraw Ids name. I know of several gentlemen who are jnfwred to vote tor him, myself as one of them. 1 trust that the honorable gentlemen composing this bod, will hold themselves, so far as services to the people are concerned, ready to promote tic public Interest, and render such services as they are able to this Convention. This position of presiding officer is no ordinary office. You may elect whom you will rotary of the Convention, and of course ran want a good one, and he simply reads Use result of the action of the body. He is the mouth-piece of the Convention. But the President of the Convention is the one man of them all. He can name perhaps half the members of the Convention of 152 members, perhaps the whole of them, any oneof whom could preside, from his knowledge of parliamentaiy law. and do it well ami acceptably. E_ch and erery one of the gentlemen who have been named here could perform* the duties acceptably. But tl» power vested in the President lies in the fact that ho apjioints the committees of the body which do the work of the Convention almost en tirelv. if we are to judg" by the experience of deliberative bodies. 'Therefore "the position of presiding officer is the one important position of power. My judgment is that we cannot bo too discreet in making the (election, and 1 trust that no gentleman who is a member will hold himself privileged to decline the responsibility if it shall be cast upon him by a majority vote. I trust the gentleman will not withdraw ids name. REMARKS OF MR. AVERS. __*. Avers— l agree perfectly with the gentleman from Los Angeles, Mr. Howard, In the postulates he has hid down, and believing that it will be proper for this Convention to hear from the candidates who may be before it upon toe various vital subjects, I shall ask the Chairman of the Convention to invite till gentlemen to take the platform and enlighten us as to their views on these subjects. I make this as a motion, if it be in order, that the gentlemen who are candidates for President be requested to come forward and express their views on these vital questions as stated by the gentleman from Los Angeles, -Mr. Howard. The Chair -if there is no objection, the motion will he entertained. The motion is to invite the candidates for presiding officer to come forward and express their views in regard to these great interests of the State. MR. WILSON WITHDRAWS. " ' Mr. Wilson— As lam no candidate for any of the offices, from President down to Page, 1 will express my views on | this subject, briefly and somewhat decidedly. I am thoroughly, totally and absolutely opposed to the motion as unwise in every aspect in which it can be regarded. We have no political future to advance, as far as this body is concerned—as a body in opposition to the so-called Workingmen's party, which is seeking to annihilate our efforts here and to secure the officers and the organization of the Convention. We crane here, I think I may say, speaking for myself, as the representatives oi the great mass of the people without a bobby. We come here as a body of gentlemen, for the purpose of advancing the general good of the suite, to deliberate and discuss and determine. I myself have no fixed opinion upon many great questions that are going to come before this Convention, and to-night, ii called upon to express my opinion as to how I will vote on many of the great questions, I wonld simply say. " I require more time for thought and deliberation". I desire to hear yon express your opinions." - . ... The speaker proceeded at some length in the same strain. lie said as to corporation., taxation and Chinese Immigration he bad formed an opinion, but tho shape and form and manner in which they should bo treated requires thought and deliberation, and he sired to he informed further. If be was a candidate be would say, when asked about these questions, " Why do you ask me my opinions about these matters when no other member is called upon to express an opinion except after mature deliberation, and after they have been examined and reported on by the proper committee?" He thought it unfair to the candidates. It was an injustice to thebodv.and an injustice to the presiding officer. [Applause.] Men's views \ary on the subject of taxation. One man says mortgages should 'be taxed. another says they should not. One man Bays property should be exempt from taxation to the extent of $5,000, and another man says all property should be taxed. One man I says taxation should be Increased in proportion as wealth advances, and another says no, that is not equality, and so you can puss over every article in the Constitution and you will find diverse views on the part of every man who thinks at all. What is wanted in a presiding officer is known fairness, and integrity, and honor, and probity of character. Illustrating his position he said ; The gentlemen might as well ask the physician called into the sick chamber to state his ideas about taxation, or when the baker conies to the door with bread ask him his political opinions before buying his loaves. Mr. Ansa said he did not ask any gentleman to come on the stand and be catH'hised, but there are great questions before the people of this State, and ilium which men had already made up their minds. In his district there are four cardinal questions upon winch the future prosperity of the State, in a measure. depends. He did not consider it catechising any gentleman unfairly to ask him how he stands upon the question of bridling monopolies, how he stands upon the question of Chinese immigration, how he stands upon the question of the mode of collecting taxation. These questions arc vital and the people of the State are excited upon them. He could vote for no gentleman until lie had heard his views upon these questions. ..'•-. REMARKS OF MR. WATERS. Mr. Waters— Mr. Chairman : I did not desire to say anything upon this question, but as the matter has been placed in a false light—unintentionally, I have no doubt— l desire to place the question sqin.rely before the ■ meet ing. The gentiemau who spoke against tbe motion (Mr. Wilson) made two illustrations -one of the doctor who, when called in to see a patient— and he thought it was as fair for the patient to ask what his politics were, or what kind of medicine are you going to give me. Now, I think the proper illustration would have been, " Sir, to what school of medicine do you belong*" rather than " What kind of a dose are you going to give me ;" What we want to know is, are you in favor of restricting and restraining monopolies and colorations- to what school of medicine do these candidates belong, not what particular clause the candidate is in favor of inserting in the Constitution, but to which side of the grert question do your feelings lay, on which side your antecedents placed you, and how are' your present feelings on the subject. Now, wo knowvery well that ii any of these gentlemen should be found to bo allied and mixed up with corporations, we would not vote for them. When the the baker drives up to the door we will ask him whether or not a Chinaman kneaded the dough : we will put that question '..> him, and then the analogy will be complete, but as the gentleman puts it, there is no analogy at all. [Applause.] We do not wish catechise him on the technical phrases, but whether he believes these corporations should be subject to control —whether you are willing to frame these committees according to the bidding of tho agents of these corporations, some M whom are here now, and we shall insist upon an answer. This idea is too deeply seated in our very existence ; our people have been crying out against these evils too long. We want to know these things before we elect any one of these gentlemen. -.-•■' ... - .Me Edoerton* inquired of the mover of the motion how far he ' expected - gentlemen to commit themselves, and if the candidate should announce himself in favor of regulating corporations by legislative action, whether that would be satisfactory, or whether they would expect the President to make up a committee that would be in favor . .1" incorporating a freight and fare bill in the Constitution. Waters', in answer to tbat question, said he Mr. Waters, in answer to that question, said he would require jiersonal assurances at least of the candidate, not as to the particular thing he will do, but that he should lequirehim to state on which side of the question he stands. The thing has been discussed all over the State, and all over the United States, until every man of sufficient intelligence and prominence to receive any more than one vote has Ion" since made up his mind. As to placing a provision in the Constitution, he would make it mandatory on the Legislature to pass some law to stop discrimination and extortion of the common carriers of the State. . '■•-.-- •*■■' .- * •"'"-.'. Mr. Avers said he was in favor of making it mandatory on the Legislature to regulate corporations, and compel them to deal fairly with the people. 7 MR. BLACKMER- REMARKS. I Mr! Chairman, I wish to say a word in this connection, in answer to the gentleman from Sacramento, to put myself square on the record. He wants to know if it i 3 enough for the candidates to come upon the stand and put themselves upon the record as being in favor of the Legislature restrainin" corporations. I say n0. ,. The Legislature has that power to-day and it has never touched them. They must be in favor of putting a clause in the Constitution that shall make it the bounden duty of the Legislature to do it, and then we will be satisfied with them, and not otherwise. . _ , - '.\ 2 .7 THE DtTV OF THE CONVENTION. • ' _ 2"„; 7 : : Mr. McC'ALLi'M-Mr. President, I am not certain that the Supreme Court of this State has decided that the Legislature has any such power. I know that in the Constitution as it now reads when the proposition was first made to regulate freights and fares, which then affected another corporation, that it was denied by the then Attorney General of the State that any such power existed. * I believe that gentleman is now the Chief Justice of the Supreme Court of the State of California, g There have been decision I since that seem to cover the other propositions, but I have no hesitation in saying that in mv judgment it will be the duty of this Convention to so amend the Constitution that there will be no loop to han" a doubt on. Further than that, sir," I believe that we ought to go so far as to make it obligatory—or as the gentleman has expressed it with perhaps a better word— mandator}- upon the legislature to do so. ' Now, Mr. Chairman. I have expected and still expect to vote for the nominee- If we shall ultimately become a caucus— of this Non-Partisan caucus ; but I shoidd not be contented, unless it were as

f a choice of evils, to vote for any lamdidate upon the principles enunciated by the gentleman from San Francisco, Mr. Wilson, i That we shall elect a Presi- ! dent who, in the constitution of the committees of ! this body will have more to do ; with the action of j the Convention than any twenty members of it, is ! more than I can say. Conceding that it would be ' entirely improper to catechise any man in the matter of details, yet we must recognize that there arc cer- : tain great juilitical principles involved in the Con- ' stitution. ■<-.. It ■is nut - partisan in the sense of I dividing the old parties. It is in u<> sense portion that way, but in the respect that men differ upon great principles of government. ~ I cannot imagine any body of men assembled in . which . there might be such great difference on political principles. Then, sir, hoping to see this conference, as I believe it is called, result in an election by the Convention, I would deplore the action of this body if it should refuse to - ask for an expression of opinion from the gentleman who seems at present to stand alone as the probable nominee if we should resolve to formally nominate him. I cannot at this moment recollect , the language or the substance of what I believe was the platform on which you, Mr. I Chairman, and your colleagues were elected in San Francisco. ■ I know that in tbe county in which 1 reside we adopted a platform as sound upon every one "i the propositions presented by the gentleman from Los Angeles — perhaps I should say as radical as was adopted by : Non-Partisans anywhere. 2 There was .one single point . not - mentioned, I believe; and tbat was as to the Ujfal question presented by the gentleman from Los Angeles, General Howard," as to the right of this Convention upon the Chinese question. But I trust, Mr. Chairman, that if the platform upon which the eight delegates at large were elected in San Francisco — for that is a material question here— is present, that it may be read, and that the candidate may say how he stands relatively to ; that < platform. That is catechism enough for mc, and to that extent, I think, it is catechism little enough. THE SAN FRANCISCO PLATFORM. Mr.'.BARNES, of San ; Francisco, said that the Convention that placed in nomination the Delegates at Large from the First Congressional District laid down no principles as a matter of canvass ujwm which its delegates were to go before the people, but after the candidates had been put up they assembled and in their own way and their own language gave to the people* of the State their assurances upon certain public questions, including all those spoken of by the gentleman from Los Angeles, Mr. Howard. To each of s these all tbe Delegates at Large from - San Fratcisco were pledged, not only to the people of the First Congressional District, but to the residents of every hamlet in the State of California. Their position was such to-day that the man who would undertake to go behind these pledges, as was suggested by the gentleman from Los Angeles, in the interest of any corporation, for the purpose of perpetuating 4 'any corporate fraud, would be damned to eternal infamy. He called the attention of members to the propositions advenced in tbat ■ platform, 2 and read extracts from it 'hi regard to ' tbe Questions referred to by General Howard - He thought those assurances ought to be sufficient to satisfy any gentleman. [The reading of the platform was greeted with general applause] He thought that when the San Francisco Delegates at Large bad placed before the Non-Partisans of this State gentleman of known character, 'ability and fairness, it was too late to challenge him or any other man to stand upon the platform and declare his vote upon any subject. Some of them were even more radical than the platform. Some of them carried their radicalism to the question of real estate. But if there was tube found in that body a man about whose neck was the collar of any corporation, that traitor to the people of California would not be found among the Delegates at Large from tbe First Congressional District. [Applause.] Judge McFarland, of Sacramento, said that if the views of the gentlemen were lobe asked upon one or two questions that seemed to be prominent in the minus of some gentlemen, he would desire to have the right to ask their views upon some other questions. He had some bobbies, perhaps, as well as others. There was the question of the elective franchise, that goes to the very bottom of our governmental system. If the candidates were to be catechised upon one question, they ought to be on many. He asked if any gentleman ever heard of such a proposition in the organization of any body. He never hail, and he did not believe that any other gentleman present had. These gentlemen were expected to [.reside. E If they were going to examine these gentlemen, as they did stallions at the State Fair, then they should confine themselves to the qualities which they expected of them. If they were expected to preside over the Convention let them be examined as to their qualities as presiding officers. He would suggest that the best way would be to allow each of the candidates to occupy* the chair temporarily, and let Messrs. Murphy, Hager, Hilborn and other gentlemen of large legislative experience undertake to throw the body into a tangle, and see if the gentlemen can get them out of it. The idea was to determine, by some means, the qualities of the candidates as presiding officers. Suppose he was in favor of a modification of our judicial j system, and he asked the candidate if he was in favor of it and he said no, should he vote against him? Should he vote against any man f or President who did not agree with him upon all subjects? What did that amount to"? He believed every man who was a candidate for the position of President of the Convention was iierfectly safe on the questions referred to by the gentleman from Los Angeles. Everybody was opposed to the corporations having any more than their right. Was it sufficient for a candidate to say that ? Would any gentleman be satisfied with any general declaration of that kind from any candidate before the Convention Not at all. It would not change a single vote, and everybody knew it. The Convention wanted a gentleman to preside over it of ability, character and legislative experience, who would occupy the position honorably and creditably to the state, it was not necessary that they should agree with him upon every question.' It was not probable that there were any two, gentlemen on the floor who would agree on every question. Should they bang a man's qualifications upon bis agreeing with them upon every proposition? And if. upon one why i not upon all? Suppose lie should say that he : wanted to change the elective franchise ; that he did : not believe naturalized citizens should vote except they had lived here a certain number of years ; that women should vote : and these gentlemen did not agree with him, should he vote against them? No. He did not expect to find a man to agree with him I*oll every proposition. It seemed to him absurd to expect it. If the candidates were to be examined upon one proposition they ought to be examined ujion all, and take i week to it. MR. BROWN, OF TULARE, Said that the motion called for expressions npen some principles of broad and deep interest to the people of this Stat? ; principles that had been discussed from the extreme north to the extreme south, and the entire breadth of the State. Members have come to the Convention having indorsed certain leading principles which they wish to see carried out in the great organic law of the State which is now intended to be set forth. After there had been so much discussion upon these great principles with regard to what should be done with them ; with regard to the limitation of corporations and regulating freights - and fares, and making it mandatory upon the Legislature to cany out the clauses so set forth, and having them in such precise language that Supreme Courts cannot at one time decide oneway and at another time decide entirely to the reverse —it was not unfair in them to demand that the gentleman who was to preside over the bsdy what his sentiments were on these great and radical principles. He wished to know them. If they held right principles, let him come forward and state them. Why say that they must vote for him and not know what he was in favor of? Holding these views he did not feel like voting for any man who would not come forward and give Ids views. He did not think it at all unreasonable. MR. SUA ITERS IDEAS. Mr. Chairman, I can very well excuse myself, and I am lure the Convention would, from saying anything about this matter. In the first place, Ido not see what the presiding officer of this Convention has to do with this matter, unless it might be in the formation of the committees, nothing more. The | custom is, when a proposition is made to the body I through the Chairman, to send it to the committee in favor of it— to send it to its friends. It is part j of elementary jiarliamentiry law that when a measi ure* is introduced, it is sent to a committee . of its friends, allowing them' to approve or modify it and bring it back to the House. If there is a propo- | sition in direct terms to exclude the Chinese, the | presiding officer might send it to a certain set of men who are not friendly to the measure, and that is all ■ he can have to do with this question as President of the Convention. It is by no means necessary that the presiding officer should appoint the committees. That power does not belong to him unless by consent of the body over which be presides. Unless they give their consent, he cannot appoint any committee. It is perfectly competent for the body to appoint their own committees, and if tbey doubt this man or . that ! man i they can " take it out -of his hands. If . Colonel Hoge, or any other man who shall be chosen President should appoint men of doubtful character on the committees, 1, for one, would be in favor of superseding him. What I do desire is to get some man in that chair who is capable of carrying on the business of the Convention. I do not want to see any man there without experience in presiding over parliamentary bodie". We want somebody who is capable of controlling this body with a firm and impartial band. As to the balance of the business I have no doubt that a majority of this Convention will be found able and ready at all times to assert its authority over the President whenever he shall go wrong. I shall submit to dictations from no President, if he undertakes to trample oil my rights. I do not think we shall gain anything by calling these gentlemen up. to express their opinions. I do not care anything about the opinion of these gentlemen, except as to the exercise of his duty as President, and, while I should like to hear the gentlemen talk, and have their say how property should be taxed, it would certainly make no difference with my vote. If .he wants to send the Chinese ont of the country, or retain ' them here, would make no difference with mc. The man wh> gets up here and quivers and cringes to any unreasonable demands doesn't get my vote. He wants to be aman of independence of character, or else he doesn't get my vote. -.. • . . - ... ..2 - - Mr. Avers — I hope no man will 'he influenced hy i the closing remarks of the gentleman from Marin. I d" not think this Convention will place an insult or outrage upon any man when it asks him to get up and state fairly what his views are. \ ... .". .JUDGE noOE'S SENTIMENTS. . " '■..'- --21 Mr. Hogk— desire to say a few words before you put that question to a vote. Sir. President, many kind friends have thought proper to suggest my name as a candidate for the office of President of the (.''invention which will meet on Monday. They have done so without solicitation on my part, and I do not think I have said a word to any gentleman of the Convention on the subject from the commencement to the present time. ' I have, sir, no concealment to make of my opinions where I have them, or of my notions -or> of my intentions. I am free always to tell them '-. on . all ' proper occasions. I shall vote for the passage of this resolution offered by the gentleman from Los Angeles, and I shall respond to any question that any gentleman chooses to ask me on the subject of my opinions. My friend from San Francisco, Colonel Barnes, read to you the platform agreed to by the delegates at large nominated in the First Congressional ' District. Mr. President, I stand upon that platform. [Applause. J I agree with everything that it says. I believe in the sovereignty of the State maintaining entire control over its creatures ; when it brings a corporation into existence that it shall control it for the benefit of the public [renewed applause] and in the interest of the people of the State, and any vote that I give in this Convention will be to carry out that principle and enforce that doctrine. It is the doctrine of the Supreme Court of the United States. They have recently, in numerous decisions, enforced itfive, or sir, or seven, or eight— down to the last volume of its reports. They have maintained the entire sovereign control of the Legislature over all corporations, and especially over orations quasi public, endowed with public powers for public benefit. I shall always vote to maintain that control by ! the State. . There is not a word in that "platform I read »by .. the , gentleman from 2 Sail . Franci-teo :to which ".•" 1 2,7. do =*- not 2 adhere, : and although , I| was s not 2 present ■'. when - ; that platform was : adopted, I agreed to it and I stand by it. Ido not [ think, Mr. President, if the Convention sheaid c".c-

-! vate me to the high ' J»silion of President of the body that I would have tery much to do with ques- ! tions of this character, fwless, as my friend from i Marin says, in the appointment of commit-ees And. Mr. "President, if 1 shoal** happen to occupy that position, I should appoint gentlemen upon j committees with reference to tN> public interest, I irrespective and regardless of persons or parties or ! private interests. I should uomintW committees j with a view to maintaining an* advancing I the public interest '-., entirely : without control, j personal or party. I am merely announcing what any honorable or ; honest President w>slil do. I therefore care nothing about this resolution. ■ 1 am ready to announce my opinion all the tine. lam now employed and engaged in what ? In the examination of a question to compel the railroad cor_>orations of this State to submit to the action of Congress, based on the Thurman bill— the Sinking Fund bill— to compel them to carry out the behest lof the Government in the public interest and I pledge you Imy word that all I : can do to maintain the proposition and compel these corporations to comply with the action of Congress, will be done. And I believe that everything that is just and right and proper, will be done. % You may bet your life on that. [Applause.] I almost beg your pardon for alluding to it, but the idea that 1 belong to anybody— to any corporation ; that I am owned ; my God, Mr. Pcsid'ent, lam ashamed to allude to it. Anybody that knows me, knows whether it is very likely that anybody can own me, or put mc in his pocket, or use me for" any purpose other than my judgment and ] my conscience and mv honor tells me is right. I Put I your resolution, gentlemen, I will vote for it, and I i will give you my opinion of everything and anything, and I wont charge you a cent for it. Applause.) 7 - Mr. Mansfield— I desire to say that I take no |>art in this discussion, but I had some responsibility in it. and 1 rise for the purpose of expressing myself entirely satisfied with the explanation of Colonel Hoge.' . Mr. Winaxs, of San Francisco, said that the San Francisco delegation at large well knew that Colonel Hoge would stand entirely square upon all these issues, but that was not the question before the meeting. They were not afraid of his examination or of his going back upon his pledges, but if gentlemen were to be interrogated in regard to two or three questions, why not go into the educational question, the judicial question, the question of the elective franchise or the question of land limitation—four cardinal questions coming before the Convention. . He expressed himself at length as against this plan of procedure. The meeting having obtained tho views of Judge Hoge, after some little discussion, the whole subject was laid on the table. <'';yyy xo-Mix.vnxo. Mr. Mi -Ri'iiv, of Del Norte— lnasmuch as there are no candidates except Mr. Hoge, I move that he be declared the unanimous choice of this body for the office of President. The CliAiß— The motion is in order if there is no objection. 7 - .Mr. Waters— object. The Chair — Then the motion is not iv order. Mr. Heiskk-_— free Conference cannot nominate a President. Mr. Edgerto.v— I move that the Conference now proceed to take a ballot for President of the Convention. .Mr. Waters— This, as I understand it, is under the original proviso, that members are not to be bound by the action of this Conference. The Chair— lt is. Mr. Webster Mr. Chairman, in" order that there may be no mistake in this matter, and as a few votes have been cast for me, I wish to say tbat I am not a candidate before this Convention for the honored the Chair. ' A second ballot was then taken, and resulted as follows : Hoge, (S3 ; Howard, » ; Belcher, 5 ; Webster, 2 ; Estee, 1 ; and Brown, 1. Mr. Mansfield moved to adjourn, and the motion was lost. Mr. Winans— l move that we go into a ballot for Secretary. .": • - 7 V-7 The motion prevailed. - Mr Waters— l ask leave to retire. The ballot was then taken and resulted as follows : Boruck «, Thornton 10, Carpenter 4, Redding 3 and Hoge 2. On motion of Mr. Mcl7.vli.lm, the Conference adjourned. the workingmen. It is rumored that the Workingmen's caucus on Saturday night nominated the following ticket : For President, Henry Larkin ; Secretary, 3. F. Clark ; Assistant Secretary, R. D. Pitt ; Sergeant-at-Arms, — O'Connor. Cikcl'Hstaxces may require us to give up many of the luxuries, and even the comforts, to which we have been accustomed; but there ; can be no exc.se for not providing ourselves I and those dependent on Da with a remedy for ! those insidious attacks of disease to which all j are liable. Frese's Hamburg Tea not only i cures many diseases, but is excellent as a pre- .' ventive in malarious and other derangements jof the system. .