Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-03-18

The Senate met in regular session ut 10 A. ~,
President Mansfield in the chair.
Roll called and quorum present.
Inc Journal OF Yesterday was read and approved.
DEsTY CASE.
On roton Of Mr. JOHNSON, the Senate took from
the table the following report Of the Committee on
Elections:
Your Committee on Elections report that Rob
ert Desty is not entitled to the seat in this Senate
claimed by him, for the reason that he never be-
came citizen of the United States until February
"a, 1880"
The Secretary read the report.
Mr. JoHNsoN-Mr. President, desire to say sim
ply in advocacy OF the report OF the Committee on
Elections that apprehend there is doubt in the
mind OF any Senator, in the mind of any citizen
OF San Francisco San Mateo counties as to the
truth OF the allegation. statement in the report
to wit: That Robert Desty was not a citizen of the
United States at the time that he nominated
and voted for for the office of Joint Senator from
San Francisco and San Mateo counties and that he
never became citizen of the United States until
the oath day of February 1880 Under these circum-
stances there be doubt as to the duty OF this
Senate in the matter which is to say that Robert
Desty is not entitled to a seat to declare the seat
vacant and to request the Governor of the State of
California to cali new election for the purpose Of
filling the vacancy. have endeavored, far as lay
in my power to examine the matter carefully with
out prejudice and without partisan bias If could
find reasons sufficient To justify voting to seat
Mr.. James BYrnes, would freely do it but under
the circumstances and the testimony, deem it for
the best interests of the State and in accordance
with what is right, that this Senate should declare
the seat vacant and have election in that dis
trct.
Mr.. CHAsE-Ayes and noes.
Mr.. JoHssos-l move the adoption of the report.
Mr.. ENoS-l am not aware that the resolution
which is sought to be adopted covers the ground in
cuded in the motion of the Senator from the
Eighteenth. The resolution siml ly declares that
Robert Desty is not entitled to his seat The motion
OF the Senator is that the seat be declared vacant
prepared to vote The resolution in the form it
is that Mr.. Desty is not entitled to his seat.
Mr. JoHNs0N-The trouble with some people is
that they are too suspicious. If we adopt resolu-
ton declaring the seat vacant that is the end OF
the matter. 1t needs no further vote-no further
motion. II the seat is declared vacant that ends
the proposition. If the Senate desire 20 seat Mr.
James Burns it will be necessary for an amendment
to be moved the report declaring that Desty is not
entitled to the seat and that Burns is entitled to
the seat. Inasmuch as there is no such resolution
before this Senate, as understand the law and the
practice in this and other legislative bodies il the
resolution or the report from the Committee on
Elections is adopted, declaring the vacant that
ends the matter. l understand the report to be to
that effect. The Senator from San Francisco Mr..
Neumann made that addition to the report at the
time this matter came up, and then it was upon my
motion that the report was laid on the table.
stated at that time my for wishing to lay
it upon the table, that at that time was not pre-
pared to vote that Mr. Burns not entitled to the
seat. Now, am ready TO vote to declare the seat
vacant and to have new election, and trust that
every Democrat upon this floor inasmuch as the
remarks have been made before-I trust that every
Workingman upon this floor will vote to declare
this seat vacant AMI not leave the 800 900 people OF
San Francisco aud San Mateo county unrepresented
any longer l am in hopes that this report will be
adopted unanimously, that we will hear no more
OF these captious objections to the action of the
Senate, and that all will unite in giving the people
OF that district an opportunity Of filling the only
vacant seat upon this floor.
Mr.. ENos-I call for the reading of the report
The Secretary read the report above.
Mir. EYos-I said | was in favor of the resolution,
but it does not the motion made by the Senator
from the Eighteenth. The adoption of that report
does not, in my judgment, declare the seat vacant
1t is not my suspicious. | will admit that have
some suspicious about this matter.
Mr.. JoHNsoN-Mr. Neumann sent up an additional
report at the request of the Senator from San Ber
nardino.
Mr.. NEUMAsS-I will explain to the gentleman
that after the report was sent up made verbal
motion that the report be adopted and the seat de-
clared vacant. Thereport and motion were laid on
the table.
The Secretary read from the journal showing that
it did not show any motion to declare the seat va
cant.
Mr.. ESos-By the adoption of that report 1t does
not settle the question and declare the seat vacant
Mr.. JoHNsoN-l move then to add to the motion
that the report be adopted and the seat declared
vacant
Mr.. KANE-I hope the motion will be adopted. be
cause want to be consistent in it. admit that we
cried out here anew days ago that 800 900 men were
unrepresented on this foor. Now | hope that this
will prevail, and that the seat will be declared va
cant, ana that we VIII elect man, as une erstand
we are gong 10 nave an election soon In the city OF
san francisco ~ VIII oe means OF iessening the
That is the way that feel in the matter Now, tor
the purpose of facilitating business hope that this
motion to adopt the report and declare the seat va
at~us1 4l,nAS
Mateo may be represented in this Senate
The motion prevailed, by a vote OF SS ayes to
noes.
NIGHT SESSIONS.
Mr. JouNsoN called nm bis resoI,.io, ,,-,;l;
for night sessions commenci,IT on Monde, eIns
inv next
The resolution was adoDted
Mr. Sp.Rs o,ave motto, that he would n, +o ,,,-
ro,y rro,o on omerdroant 70 H. - -" ,!.: ". ..iol
sneecbes Ia fen n1inutes ''e'' mint ii's
-.
ohiNhsk BILL
Mr.. Dickinson moved to take up out of order
Assembly Bill No. 405-An Act to promote enigra.
ton from the State (by Mr. Felton,
The motion was lost by 4 vote OF 10 ayes to lG
noes-two-third5 being required.
THE SAN FRASc1sco cu.prrp
M, c., 1,r.;.,, o,,....,. IN,
ine SHit iAan0'sON VHdi eeI ulii was maze une
special order ior tomorrow morning Immediately
ater tne reauhg ol sne journal ana ts consldera-
'ioi 00ii'i'ueN uii''4 u'' 'i'9eO' u
PETITIONS.
Mr. CHASE presented n netition from, female c;.;
zens of Santa Rarbara county ssI;p,r for - lnI
ontion law Referred 10 Committea oI, C,ort o,i
Town Governments.
MIR. ESos presented 4 petition in favor of t,o 70
,,a.l of tho Pennsvlvano aver,,e b;ll pefrl =.
Sen Eroncisco daIsootion siSu W
hhfVHts'
Mr.. DAVIS, from the Committee on Education
reported bills with the following recommendations
Senate Bill No. 3S4-An Act to establish free public
libraries and reading rooms-pasSage as amended :
Assembly Bill No. Ss4-An Act to amend an Act
entitled an ACT 70 poVlue ior the building OF school
H. pin NJ 40 A. A., ., -, I'S,eee assghi
on Act re1atine, IN annreniices mi ,,ot
Mr. H1TTFIf from the Committae on r;tn =, 4
Town GovernInents ronorted bacl sernta P;yy, So
tse a, Al 70 raeal an ct ~ noot ~ IN IN ~,
Of Santa Rsrbara with the ~,
the author he allowed TO withdraw n or that =; ba
indefinitely postponed
NJ Sn.as So, ,ba Cor,,,,;,tn ' C.. Sne oiIi.
,,o. h. ~, biIs ,,th th fII; wi M po aeions
.;nns Sona,a p;li NJ oea ieooiit,eilul- i l
t;on mi NJ tba C,v;l ODD ralt;oo, ee
norations MASSAGE as omsndad Gno, p;i ely OF
AN Act to amend Section ;I6 Of the Political ToJe
i ra,atio 70 foreie, o,v Vi se ooue
sage pas
Mr. P.RprF from the Committee n, E;raroo 70
norted hack favorablv Senate PHI NJ ao- 49, - =.
fo authorize Boards of Surerv;cors ~ - H. ~
exnenses os s,osse co,aitnt,'s in cri;no 49, ane CA
Mr.. JoHysToy. from the Committsa "r S,,r,r
Il u GsaI ~ sHe Noilnh.tee On swamp
following recommendatiops Issemhlr M, M eo9
AZ, ~, ara1o,,a ,h D;ssy Asseiloy fii NO Ssi
trict No 1 Of Sutter conntv 70 issne honJs a.,
passage Senate Bill No 44o-An Act ~ re1eaI an
Act 10 provide for a drainage district i; tb .',e a.,
of Yolo-passage Senate Bill No An Act IN