Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-02-04
CALIFORNIA LEGISLATURE.
XIII. sEsSIoN-THIRTIETH DAY.

[Phonographically Reported for the RECORD UNION
by Willis & Stoekton.l
SENATE.
SACRAMENTO, February 8, 1880
The Senate met in regular session at 10 A. II,
President Mansfield in the chair.
Roll called and quorum present
The journal OF yesterday was read nd approved
REPORTS.
Mr.. NYE, from the Committee on judiciary, re-
ported back amended, in accordance with the in
structions OF the Senate Senate Bill No. 9tan Ae5
to amend Sections 265 and 266 of the Code OF Civil
Procedure, and Senate Bill No. l4l-an Act to
amend Chapters H. and ILL., of Title NIL OF Part H.
of the Code of Civil Procedure, and each and every
section OF said Chapters H. and ILL.,, aud to substi
tute new Chapters H. and iii. to take the place
thereof in said Code, relating to appeals in civil
actions.
Mr.. JOHNSTON from the Committee on Agriculture,
reported back favorably with an amendment Senate
Concurrent Resolution No. 17-relatiye to duty on
steam plows.
INTRODUCTION OF BILLS.
Bills were introduced, read first time at length
and referred as foows
BY Mr.. ENOs-An Act to amend Sections 307 and
3l2 of the Civil Code OF the State of California,
cerning corporations Committee on Corporations
BY Mr.. WEsT-An Act to provide for funding the
Indebtedness Of counties having population
ceeding 1000 inhabitants. Committee on Judiciary.
By Mr.. HITrELL-An Act to amend Section 1880
OF the Code of Civil Procedure, relating to wit
nesses. Committee on Judiciary.
By Mr.. LANGFoRD-An Act to repeal an Act enti-
tied Act to encourage the destruction Of sqdir-
res and gophers i'll the county OF San Joaquin and
to provide bounty therefor. Committee on Judi
ciary.
By Mr.. NEUMANN-An Act granting relief to tax
payers whose lands have been sold TO the State.
Committee Finance.
By MIR. JoHYsToN-An Act to enable swamp land
and reclamation districts of this State to fund in
debtedness, aud to provide for the payment of the
Indebtedness funded. Committee on Public,
Swamp and Overfiowed Lands.
SPECIAL ORDER.
The Senate took up for consideration the report
Of Committee Contingent Expenses relative to
abolishing the office of Clerk of the Committee
Printing.
Mr.. HrrTELL moved to amend by substituting the
following:
Resolved, That the Clerk of the Committee On
Public Printing be and is hereby required to act
also as Clerk Of the Committee Engrossed Bills
without further compensation.
After considerable discussion the substitute was
adopted by vote of 25 ayes to 10 noes, and the
resolution as amended was adopted
SECOND READING OF BILLS.
The Senate took up bills for second reading and
disposed of them follows:
Senate Bill No. 55-An Act fixing the compensa-
ton t, members, officers and employees OF the Leg
isature (by Mr.. Zuck)
The substitute offered by the Committee on Judi
ciary read and considered in Committee of
the Whole
Mr. JOHNSON opposed the adoption of the substi-
tute and was opposed also to the bill ITSELF on the
ground that it cut down the salaries of the officers
and attaches unreasonaby low and also on the
ground that being made to take effect Immediately,
it was in the nature of breach of faith with the
present officers and attaches. He believed in the
California rule of fair days pay for fair days
work.
Pending the consideration of the bill the hour for
the special order arrived.
CONTESTED SEAT
The Senate then took up the special order of the
hour, the consideration of the majority and mnori-
ty reports of Committee on Elections in contest Of
4. J. Pinder versus W. W. TraylOr.
The Secretary read the majority report as fol-
lows
Mr. PRESIDENT Your Committee on Elections TO
whom was referred the matter Of contest of T. J.
Pinder, contestant, against W. W. Trayl0r, the SIT
ting member, respondent, report that upon exam
ination of the matter they find that cont has
not complied in making this contest, with the stat
utOry requirements, and that the statement upon
which said contest is based is irregular and INSULT
cient to ain the said contest. Your committee
further find from the evidence and returns OF the
Registrar of Voters and the election officers before
them that the sitting member is entitled to the
seat NE6hANN, Chairman
The SECRETARY then read the iOIlOWlng
MINORITY REPORT
Mr. President: In the matter Of T. j. Pinder w.
W. W. Traylor The contestant, in the statutory
time filed his statement of the grounds of contest
before the proper officer, to which the respondent
filed an answer. Subsequently copy OF commits
sion authorizing and directing two designated JUS
tices OF the Peace TO take testimony in the was
served upon the respondent and the commission
contained notice of time and place of taking such
testimony.
The respondent appeared before the Justices of
the Peace and filed special appearance, and claimed
that no sufficient notice had been served upon him
of time and place of taking testimony. He also filed
a demurrer the statement or complaint of con-
testant the grounds that it was not sufficiently
specific or in other words, that the statement does
not state facts sufficient to show prima facie
of contest.
Testimony was taken by the Justices OF the Peace
and was filed in the case, respondent being present
while the witnesses were examined, and cross-exam
ined them.
Counsel for respondent moved the committee to
dismiss the contest the grounds above stated.
The counsel for contestant claimed that the pro-
ceedings sufficient, and even if they are not,
the Senate having the constitutional power to in
uuire into the election and qualifications of its
bers should take up the question, and, by lnvest-
CATION, find out who is elected, the contestant or
sitting member, and moved the committee to sub
pena the Registrar of Voters OF San Francisco, to
bring the ballots in this Senatorial District before
the committee, SO that they may be counted.
The undersigned, minority OF your committee,
of the opinion that the statement of grounds of
contest or the complaint is sufficient and il it
not the respondent filed general answer thereto,
thereby admitting its sufficency; that the respond
ent had full and sufficient notice Of the time and
place of taking the testimony, and before whom it
would be taken. The respondent cites case in
contest for a county office before Court of common
law Jurisdiction, in which it held that the
charges of fraud were not sufficiently specific, but
the minority of your committee Of the opinion
that the authority is not in point.
First-Because if this contest were before Court,
the contestant would have leave to amend his state
ment complaint and to make it sufficiently
specific, but before the committee he had no such
opportunity.
Second-That by the practice and decisions of the
Courts respondent waived the defects OF the state
ment by answering generally.
Thrd-That by the constitutional power of the
Senate, when contest is brought to its notice, it
has the full right to inquire into the whole matter.
The majority of your committee did not look into
consider the testimony laid before the committee,
but concluded to dismiss the whole proceedings
upon the objections taken.
The undersigned believe that the committee and
the Senate should not only consider the testimony
already taken, but should order recount of the
ballots and recommend the adoption OF the follow
Resolved, That the Committee on Elections be
directed to consider the testimony already taken in
the case of T. J. Pinder W. W. TraylOr, and to
issue its subpoena to the Registrar OF Voters in the
Ciy and County of San Francisco, directing him to
bring with him the ballots cast in the Ninth Sena
torial District, and that said committee count said
ballots and reportthe result to the Senate.
J. w. SATTERWHITE,
p. II. RYAN,
W. L. ANDERSON.
Mr. NEUMASS then offered the following resou-
ton Resolved, That W. W. Traylor, the sitting
member for the Ninth Senatorial District is entitled
to his seat in this Senate
A debate then ensued which lasted until o'clock
p M being on both sides an elaboration of the re-
ports given above. 1t took wide range, and the
speakers quoted literally from decisions and cited
many precedents as bearing upon their respective
positions.
Mr.. NEUMASS led off on behalf of the majority Of
the committee, arguing that they had examined the
matter fully and believed there ground
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