Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-02-07
SPEECH OF SENATOR JOHN s. BNos
In the Senate of California ON Tuesday,
February 8. 1880. During the Discus
sion of the Contested Election
Case Of Pinder vs. Traylor.
[phonographically Reported by E. B. WHILST


question Rumor says that King Caucus has al
ready proclaimed the decision OF this Senate. l. for
one do not believe it. l do not believe that the
Senate of this State is prepared, as digned body,
to establish a precedent that shall 90 upon the
records of this Senate that shall say the civilized
world that Mr. Pnder shall be denied the right to
show the facts and the truth connected with this
contest | do not believe that the legal gentlemen
who form large portion Of this Senate will be SO
recreant to the law to forget their duty
men, to unfold to this Senate the whole facts
and details of this important contest. What does
Mr. pinder ask? And what does majority OF this
Election Committee refuse! he simply asks that
these silent Witnesses these tongueiess Witnesses
should come here be opened and counted that this
case NAV be determined according to the facts of
the case have great respect Tor the sitting men,
ber Mr.. Traylor, aud we're tins question put to him
plainly and fairly, " Do you wish to occupy seat on
the "A lor of this Senate without you have been hon
estlv elected p he would rise in his place an hon
e. Sen ltOr aud say 4" No.
Ihis contestant, Mr.. Plnder, before the expiration
of the time allowed by law filed his notice and
statement with the Registrar OF Voters of the city
and county of San Francisco, and with the County
Clerk also There being dispute as to which Off
Ger the notice should be flled with, to make 1t
doublv sure the notice fled with both of those
officers of the city and county OF San Francisco
That notice has been read and that statement hiss
been read here to this Senate 1t sets forth in a
plain and Ineligible manner the grounds OF his
Contest IL sets forth the number OF votes which
Pinder claims to have received and which he claims
Taylo1 to have received. 1t sets forth the number
of votes upon which Traylor claims to have
been elected as a Senator this floor,
and it sets forth the number OF votes
that were miscounted by the election officers
of that Senatorial District in which 1raylor and
Pinder candidates for Office 1t sets forth that
by of the mscount of the said votes that Mr.
Traylor was counted out Illegally and Mr. Piuder was
counted IN Illegally mean that Mr. Traylor was
counted in illegally and Mr. Pnder counted out ille-
galy That is the sum and substance of the state
ment 1t sets forth the number of votes and il Mr..
Finders statement is correct he is entitled to his
seat on this floor. Now the only question before
the Senate is, whether they will say that
they will not hear the evidence and the
truth of this allegation in Mr.. Finders statement.
The question is whether this shall 20 off simply
upon the report Of a majority Of the Committee on
Elections OF this Senate, without hearing any of the
evidence whatever in the That is the question.
The question is whether majority of this Senate
are prepared to put themselves upon the record and
say that they will se truth, that they will close
this case in darkness rather than let the whole light
come upon it. That is all there is OF this
question. Now the first thing | want to
call to the attention of the Senate is
this and there is no Senator, think, will disagree
with me we have got jurisdiction full and ample,
in this Csc A majority OF this Senate order
this evidence to be introduced. think the Chair.
man of the Election Committee will concede that
There is not lawyer on the floor OF this Senate that
will deny that have got full and ample power to
bring the ballots here. That is conceded. We have
got the constitutional power TO go to the bottom Of
this contest and to see who is honestly elected The
Constitution gives us that power. " Each house.,
the Constitution says ''sha be the Judge of the
qualification election and return of its members )"
That being conceded, the majority of the Election
Committse claim that Mr. Finders statement is de-
fective and therefore he should have no hearing be-
fore this Senate. They claim that, because the
statement failed To snecv each precnct in the Sem
atoral District No. 9-there twenty four pre-
cincts in that Senatorial Disttict-they claim that
and endin~ with M 81 the irregnlarities and the
nisconnt in each of these nrecncfs that therefore
he sbonld he turned away in this contest from this
Sanata His allerations are that in each nre
c;nct in tho sold district tbera vara mis-
counts and that those m;sconnts amounted IN over
S0o rotes which world elect him IN seat IN this
A. Nov mon thu, noi,t lasira 10 cite nv
friend tbe rbair,na, Of Ills Elec.ion C,mmi.tee L,
i9,h Gal;for,,; r.; tho csa 81 yvb;nia,, ys MoK,,,e
on na%e AS. :. The comnlant tben states that Of
~ Sc 80 ,.at,rad os -, Tor NIS,no % ,rara
;,.on M ;,tardai Co. eotts and should b,ge hee,
g. a,,rtad TL;s 10 a erood S+a,erent &c ebov,;ng
- -. -, 90 -. oso;,,s. NE,,na p,,. ~
al thin Sonato ~ ria uith tonhn;ca1 nieadi"a,s
- 49,, w, a., IL l 80. -, dt rr,,,;n RI;
go IS 49, &c So;t W., os, Co. i,d;r;aI
1recsden,s wher The ConSt;,ution alone is the ND
~ $500 ~ ,,b;oh ,a 90 70 he oo,troIled in ell
ins DS mon d we tb 49, 30 .ha
.an ,So ros,,a,,Sar. 80 tbo cn,tas,ont hofare
ibi Ssno,e9 W., she,,ar o,,rsel,es bene,th tb
darLnoss of a tcobn;ca,ity rhen The cher;shaJ
81 ,Lo ;,,o,oo. a. o,,,roal
- Gu t .t t 80 ~ 80 a tsress bi ~
hort NJ the 1naiority If tbe committee with ntter
ccontenont "a a nIea that sbonId not claim the con-
sidaratipn Of his senate for n moment Give
ne the facts I al ruth and Hgb+ fash mon tb;s
hody and soc ,pho has GOT tho ballots Rnt more :.
can we reach ont and brine these silent witnesses
here I answer YES No lawver on the floor of
tb;s Senate as n,embar will dan, that in our Po
ii,;I 60 tLaea ar ,1ro1,;s;ans rrbicb cav tbat oil
haiIots shall he nrosaryed ;n,act for twelve lon,
months after the election They shall he kent az
sacred os the seals unon vour bonds by which your
ttIa deeds IN vour nrnnerfv are secured These hal
lots remain In the vanlts Of the REGISTRAR They
can he hrongbt here tbtv can he counted nv the
Election Conmittee they can settle this ouestIon
10 tha SATISFACTION of every man on the floor of his
Senate aud in tho STATE of California and in tbe
United States and the civilized world; and thew
aIone arc to he the final arh;ers Of this ouestion
They are preserved by law for inst such occasions as
this The intent and motive oower that actuated
the eoislatre in the MASSAGE of such law was to
meet such ca-es as this on the floor of this Senate
They are there Let them he counted and if Tray
Inr Is entitled IN his rial scat I'VE are content
II pndar ia entitled to II the GOOD Indictment the
silent Init the nowerful conscience Of every man
demands that he should come here I make this
nea NOT for marty II STRANGE IL NAV startle
sma NJ Tho Senators ON tbis foor when saw IN them
nc a Senator that while 7 know the noliiical nredi
iections of the s,;ngnisbed senator that is now on
this floor seated bv that certificate do not know
,ha, p,ndor,s ,,ol;t;oai San,;,ants are knovv he
was elected or CLAIMS N he elected Inv the Work
;nan,an bnt ,ybetbor nc ,,as a Dononc,ai or Renuh
iic,n tnn,r not nrior :" tho oraanizaton of the
nsrtv on sneatino in beho,f 81 the Law in he
baif ~ f;r rap Il; bsha,f ~ i,,st;ce and Of rigbt
an, not haFa =; Gov, Yba,har P;ndar n those votes
80 oo,,n+nS iii rcoo;,o " - ;;.,' ~ not 7 am
sir Nv ,ieaS; m ,ho, 49,, sbou 10 he dow in
Tat ia ,hat nn 49,, Ill h onda,nn.d mill
tha fa.ts , he case ar. heard W
A. his ,,o;nt a. Sanate ,oL tho s,,,, recess nm
don AZ . IL, IN ''' ''''' 'ooA WIG "'A"' 49,
' AtI.an =, ,ho so,o,o ro,asor,,b,od ord Mr. Eros
os,',,,o 81 ~; aa 1 a toiIo,,s anu ' ''
NJ pras; 9 ,vhen ,b. Ssn.t. .dio,rn.d had
,rt;ai cnr,nia,a d , ra,nari =; ro,at;n q, his
- "a pp,,IJ 80, 10y Iii a. ., -, IS ~ g.
oa =, oosas h;oh - NJ, Ioo;aaJ , 81 go,
recedents nv rhich o ore 30 he .ro,a- "'" viii
;,o ~ ,ha Ssnata tha ". ase ~; a. aasar,hi h;oh
wv W nao;a. I - i Wy 49, NJ T,oa
mas Soou ~ ooin a,isi mien W. W. 81
was aro,a.; H. nouse. ' nS
tbo ,ato,,ant aiiaasod ,hot NJ TonnaI hnJ
racosd ,onra ,,aS -. Tho ranisa, ,S
go i1a,rotio so,t;;ad i; p"de s $3.50 Wv
% t ,.e III as
~ pn,h1;oane M noiis Der
oarad Nd ,hn hano+a no,J IT, a. re' 5;snr
ne o. I . Inv oi, 80, HI .,;ed S;
t e. a. III, ~ 80 ~. ~. S ~, ;d ,
$50 49,; - =; H. SThs., ' W., ~ "u ~. ~.
10y ~. -, - '.e - IT, ,s 'l.e Ia
fr;erds Of bis 1srtv were in the oscede,cx in The