Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-04-10

agree with Senator Cheney in my admiration for the
man who clings with fidelity TO his word. | have
spoken not in behalf of Senator Kane alone but in
behalf OF the common feeling of humanity TO the
Senate.
The Secretary then read the communication OF
Senator Kane.
Mr.. CHASE said that he wished to call the atten-
tlon OF the Senators to the of Senator Pomeroy
IN Kansas, 70 show that even if Senator Kane re-
Fealed the name OF this man it would have no good
effect, as conviction could not be had in this case.
Mr.. SEARS said that in dealing with this case we
must deal with it as it is and not with reference to
any other case Senator Kane had asked him to APP
pear in his defense, but he had declined to do so.
he had asked Senator Kane that night II he was
aware OF the penalty that he incurred, and was
answered that he did not. Senator Kane had been
entreaed by all his friends by his wife, to re-
veal the name, but he had stood firm. He was glad
to hear Senator Euos offer his resolution, as he
thought expulsion too severe penalty. Senator
Kane had committed no crime. His motive in this
affair had been to unearth corruption. His knowl-
edge OF law and parliamentary usage was limited,
and he had no idea when he made the
statement on this floor that he was COM
pounding felony. The character of an informer
is looked on with horror by his countrymen, and
no amount OF physical force punishment could
force that name from him. The Senate should throw
the mantle OF charity over his shortcomings. He
sh uld support the resolution Of Senator Enos, and
trusted the Sef ate would do so.
Mr. JOHNSON regr tied that he unable to speak
on this subject. He thought in listening to.the
speeches of the Senators that this floor had been
turned into an arena of adulation OF Ireland. This
matter of law and Justice, and If this prac-
tice permitted here there end of all law
All that was necessary to defeat bill was for some
legislator to get up and say that some one had Of
fered to brbe him. Either Senator Kane had lied
or he had been brited Ii be had lied, he ought 10
be expelled; if he had been tribed he ought to be
expelled This the third time Senator Kane
L.
asked to excuse him. Ignorance Of the law excuses
no man lie would vote for The resolution of SEN
ator Dickinson. He was not here as the enemy of
Senator Kane. Hew here to do what he thought
was right.
Mr. DAVIS moved that the further consideration
of this question be postponed until tomorrow
evening at 730. He was not satisfied with the light
punishment OF the substitute, nor was he prepared
TO vote for h expulsion. He did not know whether
sentence of suspension extended beyond session.
but would like to know
Mr. DICKINSON said that he had advanced one or
two propositions Of law and had listened attentyey
to hear them answered. but had not been able to do
So When the motion was first made in the Senate
he himse had been inspired by sympathy, but the
action Jf the Senate in not pressing an i'm
mediate investigation had been criticised, aud it
had been said that 1t dare not press it.
We were asked to excuse him because he was igno-
rant, because he was honest; but he had deber
ately led a man on to commit crime, to offer him
q bribe. Was that an evidence OF ignorancef We
the United States Congress know his character
The country only hear that on this floor he made
such charges and had been excused. We are asked
to show ne ercy, and wish we could; but we cannot
Under the Penal Code he is an accessory to the
crime. We not to be swayed by sympathy for
the individual, but must do exact justice All CON
slderatons no matter how hard it may be, demand
the adoption OF the resolution and the rejection OF
the substitute. The opinion of all the Senators is
that suspension only extends to the end OF the ses
sion, and cannot extend any farther.
Mr.. WATSON thought that it would be proper to
find ont from Mr. Kane, under oath, whether he
wrote the communication or not.
MIR. NyE said that it seemed to him that this
whole could be decided easily in the mind OF
every Senator by deciding what was the du'y Of
every citizen. Every mans duty is to expose
crime when it comes to his knowledge. The man
who would not do SO is untitled for place on the
floor of the Senate. The criticism Of the press
right or wrong, should not sway us from our duty
The resolution OF Senator Dickinson seemed TO him
to be the only one to be applied in this case
Mr.. CoSGER had never in his life been placed in
position which he regretted much as the position
in which he found himself tonight He could not
iudorse either OF the resolutions. We are not here
to determine whether there has been compsundipg
OF felony We are here TO determine whether Sena-
tor Kane is in contempt of this Senate or not, aud
we are a judicial tribunal for that purpose. Although
Senator Kane had cast insinuations upon him, he
could forget them at this time, and he felt sorry for
him in the circumstances in which he was placed.
Mr.. JOHNSON thought their duty was laid down
plainly enough The offeuse of Senator Kane was
one of which he could purge himself at any time he
chose and until he did so he would not sympathize
with him.
Mr. WATSON read communication from Mr.
Wetmore, stating that he wrote out the communi-
cation for Mr.. Kane as matter of accommodation
Mr.. DAVIS did not know that he could blame any
Senator who felt impeed TO rise in his place to
prosecute an offense of this kind or to defend
It. He did not wish to occupy either position.
Senator Kare had openly charged an attempt at
briI Ia ,uac satis IN ind
whether such an attempt had been made 1t was
unpleasant to him to make such an nsinuation, but
Senator Kane had forced other Senators into that
position We simply have the assertion of SEN
ator that an attempt has been made to bribe him.
Shall we make farce of these proceedings! What
shall we do? How can we vindicate ourselves and
the dignity of the State? | honor a man who
keeps his word but l honor more a man who
keeps the law. Senator Kane stands before this
Senate Sc f-eOnvicted felon He occupies the po-
sition of accessory to crime and the law makes
him criminal. Ii that be true, what is our duty
in the premises? Shall allow person to sit
here who is by his own confession a felon? | am
not prepared to act upon this case tonight be-
lieve the punishment proposed by the Senator from
the Thirteenth is too light.
Mr.. NOS said the Senate had no power to int1ict
on Senator Kane the sentence of expulsion. His
substitute went far the Senate has power to CO.
and he thought no Senator wished to 90 beyond the
limit of his power He had refraine1 from appeal
ig to the sympathies OF the Senate, aud besOught
this Senate to save Senator Kane.
The substitute was adopted by the following vote
Ayes-Anderson, Carlock, Chase, Cheney, Enos,
Glascoek, German, Harlan, Hill, Kelly, Lampson,
Langford, Nelson, Pool, Rowell, Ryan, Satterwhite
Sears, Watson West-20.
Noes-Baker, Burt. Brown, Byrnes, Conger, Da-
Wis Dickinson, George, Hittell, Hudson, Johnson,
Johnston, Moreland, Neumann, Nye Pardee, Tray
lor Zuck-lS.
Mr.. NEuMASN offered an amendment to the sub
stitute of Mr.. Enos providing that unless Senator
Kane purged himself from contempt on or before
April 18th. at u NJ, by speaking the name of the
person, he be expelled from the Senate.
Some discussion followed on the amendment.
Mr. WATSON moved reconsideration of tine vote
by which the substitute of Mr. Enos was adopted.
The motion prevailed-ayes 30, noes Is.
The substitute OF Mr.. Enos was lost-ayes 10,
noes 10.
The resolution of Mr. Dickinson was lost by the
following vote
Ayes9Baker, Burt, Brown, Byrnes, Carlocl,
Dickinson, George Hudson, johnson, Johnston,
Moreland, Neumann, Nye, Pardee, Traylor Watson,
Zuck-I7.
Noes-Anderson, Chase, Cheney, Couger, Davis,
Enos, Glascock, German, Harlan, Hill, Hittell,
Kelly LampsoD, Langford Nelson, Pool, Rowell,
Ryan. Satterwhite Sears, West-21.
Mr. JOHNSON moved to indefinitely postpone the
whole matter. Lost-syes II, noes u.
Mr.. DicKI SON offered resolution that Senator
Kane be committed to the custody Of the Sergeant
alarms and removed to the County Jail, and there
imprisoned until be purged himself of contempt.
Mr.. Esos offered substitute, suspending Senator
Kane until the 10th Of April.
Mr. JOHNSON offered substitute to that Of Mr..
Enos, rendering the thanks OF the Senate to Senator
Kane for keeping his word a criminal at the eX-
pense of his word as a Senator.
Mr.. SEARS favored the resolution of Mr. Dickin-
son. believing it within the power of the Senate to
inaict such punishment.
Messrs ESos and JOHNSON withdrew their amend
ments
The resolution prevailed-ayes 25, noes IS
On motion OF Mr.. ZueK, at l1;55 P. NJ. the
Senate adjourned.
ASSEMBLY.
SACRAMENTO, April O. 1880.
The Assembly met pursuant to adjournment,
at $50 NJ, Speaker Cowdery in the chair.
Roll called and quorum present.
Prayer by the Chaplain