Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-03-01
CAPITOL NOTES.

Tt has for long time been favorite theory
of old Californians that there is an indie
scribable something contained in our north
winds which produces peculiar influence
upon the actions of men and animals. And
it is the general belief that that is what was
the matter at the Capitol on Friday and
Saturday last. The scenes of excitement
about the Assembly chamber came so thick
and fast as to be momentarily looked for, and
drew large and attentive audience. Every
body partook of the electrical ozone of the
norther, and any member that hadn't a chip
on his shoulder that he was jealousy watch.
ing, or that couldn't kick up row in some
manner, was looked upon by the spectators
as dull and fogyish. The expectation of
recurring breeZes was not confined to
the Assembly room, but extended through
out the Capitol, and even upon the
streets, the ruling salvation coming to be /:
What is the Latest? ?" and any answer that
did not furnish information of a "scene
which had occurred within thirty minutes
was regarded as stale
Upon the adoption of the resolution on
Saturday morning that Mr. Braunhart should
remain In custody of the Sergeant alarms
during the remainder of the three days OF his
suspension, a large number of members fol-
lowed into the hail and Sergeant alarms
rooms, where exciting discussions were en-
gagged in and arrangements promptly consid-
cred with view to relieving the situation.
Assemblymau Lane at once started down
town to apply for writ of habeas corpus,
and at about a quarter after u o'clock, ac
companied by W. B. G. Keller, appeared
before Judge S. G. benson with petition
sworn TO by Mr.. Lane asking for q writ of
habeas corpus directed to John Doe,
Sergeant-at-A Arms of the Assembly, upon the
ground that Mr.. Braunhart was unlawfully
restrained of his liberty. Judge benson
called attention to the fact that the petition
did not state in what the alleged illegality
consisted, but merely that he was unlawfully
restrained without any warrant or writ from
Court. In answer it was argued that there
were cases in which it was impossible to state
the points of sillegality, but the Judge de-
cided that this was not one of them, and re-
fused to grant the writ, as Section 1474 of the
Penal Code provides that the petition must
state, among other things, il what the alleged
illegality consists, if the imprisonment is
alleged to be illegal.
Meantime, at about a quarter to u, the
resolution in the Assembly was adopted, per-
hitting Mr.. Braunhart to proceed to San
Francisco to appear before the Supreme
SOuEb, III VI IuS
and they at once proceeded to the depot and
left on the 1910 P. NJ. train, accompanied by
Assemblymen Fox, Tyler and Merry, APP
pointed to represent the Assembly in the
matter before the Court 1t was anticipated
that the matter might be heard and decided
Saturday afternoon, and attorneys Cohen and
Barbour were telcgraphed to as, counsel for
Mr.. Braunhart, but the hearing of the case
upon the writ granted is set at 10 A. NJ. to-
day-the hour at which the term of suspen-
sion under the resolution adopted By the As
sembly expires. The party friends of Mr..
Braunhart are very sanguine that the Su-
preme Court will decide against the action of
the Assembly, from the fact that by the Con-
stitution the expulsion of member requires
a two-thirds vote, and they assert that sus
pension amounts to expulsion so long as it
remains in operation ; whereas the majority
deny such to be the effect of the suspension,
and claim the power to suspend under Chsh
ing's manual of parliamentary law, which
has been adopted by the Assembly.