Daily Los Angeles herald., 1878-10-25
Morning kilograms.
pas seDg ers Gsing sau,h.

Passengers Going south.
MoJAvF. Oct. 24.-C Bouthief
Captain Dimop, Mrs A e + Gil
and two children, w d Fredericks
w II Allen, Mrs G A Longstreet
Captain Charles M Blake and wife
George Henderson, N w Cotton
T Lowry, ] Z, Bray, ] A Hudson, 4
Hoffman, s L Cutter and wife, J
Lloyd, ] L Lewis, Mrs s H Pierson
Mrs s ii Crocker.
The sa. Franci.c. suicide w~pors
SAN FRANCISCO, Oct. 24.-Geo
Baxter, aged 63, n native of New
Hampshire, committed suicld,
last evening at the residence of hi
daughter, No. ITO Geary street
by shooting himself through the
head with u pistol. The act is at
tributed to continued i'll hea tn.
Fanny Kesrns shot herself il
the breast last night, at the Gall
House, Market street The wounC
Is probably fatal. 1he woman had
been recently separated from hel
husband, which weighed upon hel
mind until It drove her to suicide
pa" CONSTITUTION, CoDveHstom-
E"wcsS's Case.
SACRAMENTO, Oct. 24.-The Con,
ventIon met at 10 O'Clock.
Van Dyke, Chairman of the
Committee on Preamble and Bill
of Rights presented Il draft of an
article as agreed toby the commit
tee.
Freud presented minority re-
port from the same comm ittee,
containing two additional clauses.
First, that no property quail fica-
tion shall ever be required of
voters, officials and Jurors; second,
the abolition of all fines, except for
petty mlsdemeanors; punish ment
in all cases except petty misde-
meanors to be imprisonment.
Casser!y presented proposition
against the contraction of debts by
municipal authorities.
The Convention then took
up the question Of the ellgi-
hility of Fawcet, Judge of the
First Judicial Distaict, to oc-
cupy seat rs delegate from
Santa Barbara county. The ma
jority report from the Judiciary
Committee declared in favor of
Fawcett, and the minority against
him. Fawcett first M ade n lengthy
statement Of the circumstances
under which he consented to be.
come candidate for delegate. At
first he declined solicitations from
leading citizens on the ground that
possibly his official position might
render him Ineligible; but, on the
representation of gentlemen OF EN-.
ineut legal ability that lie was rot
ineligible from holding the office
of District Judge, he consented to
accept the Office if The people should,
without ATTY pipe-laying on his
Part, eject him. Fawcett further
said that, not only the citiz-ns If
his own county (Santa Barbara J,
tut that the people If Ventura
aud San Luis Ohispo, within his
jutiicial district, were unanimous
IN requesting him to come to Sacia-
mento.
Finney, the Workingmen's dele.
gate from Ventura, and Graves,
from San Luis, corfohorated the
statement of Fawcett in this par
ticular. Fawcett contended that.
unless there was controlling rea.
son against it, I've should he rer-
mitted to continue to occupy his
seat; otherwise his people would
practically go unreprespnted as it
was too late now to make an invey
tigation looking toward the selec-
tion of successor. While the
legal aspects of the question were
being discussed, he asked consent
to retire from the floor. Judge
Fawcett then left his desk and re.
tired below the bar.
Edgerton followed, maintaining
that the present Constitution ex.
pressly declared thatth whole leg.
islative power was exclusively con-
fined to the Senate and Assembly.
He asserted that when the Consii-
tuition provided that judicial Off
Ger should not intrench upon the
powers of other departments of the
Government. 1t meant that he
should not be elected to the Legis-
lature or hold any State executive
office. He slso argued that dele
gate was not an officer within the
meaning OF section sixteen, article
six, of the Constitution. The
duties of delegate were judicial.
They were advisory rather than
otherwise. Edgerton quoted pre-
cedent where Chief Justice Mar
shall, of the U. S. Supreme Court,
held seat In the Virginia Conven-
tion. II a Constitutional Conven-
tion could dictate to future genera
tions who should be eligible as del
egates to Convention 1t might be
declared that no one should be
eligible who was not landed pro-
prietor or some more absurd quail
fcation.
B-erstecher argued ut great
length, defining the meaning of the
word "office" in the Constitution,
namely, that IL must be accepted
as used in everyday parlance.
Under this construction, he con-
tended that Fawcett was clearly In.
eligible. He asserted that the DO.
sition OF delegate was o delegation
of the sovereign power Of the State,
and therefore an office within the
inhibition laid down in the Con
stituiion. While Beerstecher was
continuing his address the hour for
recess arrived.
san FIRDctsc" sIrsAess.
SAN FRANCISCO, October "a -
Wheat-Holders firm, buyers eau
tious; good shipping held at $1.675;
choice milling, 81 20, Barley -
Stagnant and weak; coast feed,
S5@9 bay, $l@l 05; brewing,
nominal at ST. l5@I 20. Oats-Un-
changed. Corn-pales of large yell
low, $1.l72. Rye-Nomlnsl. Hav-
Wild oat and fair volunteer, $l11@
IL Potatoes-Inactive and nomi
nal.
The Gambling case Goes over.
SAN ERANCTsrn nnt O1 T. a. -