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

bill the discipline that had kept them so solid in
their support of it.
Mr. JOHNSON moved that the consideration OF this
bill be continued until it was disposed OF. So or
dered
Mr. DICKINSON favored the bill. He deprecated
the digressons of Senators from the merits of the
| bill When Senator carefully weighed both sides
of question: and voted according to his best iudg
ment, he had done his duty and was not open to
criticism.
Mr. LANGFoRD not very much in love with the
bill. He did not believe it was practicable to store
the debris and protect the valleys.
Mr. NEUMANN considered it an important question.
He thought the bill would benefit San Francisco.
He considered it matter that concerned the State,
and should be taken care of by the State.
Mr. RowELL did not think anything said here to-
day would change single vote He thought the
miners should build their own dams, and be COM
PEELED to do So
Mr. HILL had no faith in the plan of the bill. He
Ired cted its speedy repeal il passed.
Mr. GLAscocR thoue mt the bill wrong. The miners
have damaged the people. and now the people are
called on to pay the damage
Mr. NYE opposed the bill. He classed 1t as a SUD
sdy bill.
The bill was passed by the following vote;
Ayes Burt, Byrnes, Carlock, Cheney, Conger,
Davis, Dickinson, Enos, George johnson, Glascock,
Johnston, Kelly, Lampson, Moreland, Nelson, Neu'
mann, Pool, Ryan, Sears, Traylor, watson-22
Noes-Anderson, Baker, Brown, Chase German,
Harlan, Hill, Hittell, Hudson, Kane, Nye, Pardee,
Rowell, Satterwhte, West, Zuck-l5.
| Mr.. GLAscocK gave notice that he would to-mor.
row move TO reconsider the vote by which the bill
| was passed.
Mr. SEARS moved to reconsider the vote on Senate
Bill No 2l3, and postpone the reconsideration TIL
tomorrow at IL o'clock. Motion was carried.
Mr.. CoNGER moved to allow the Clerk OF the En-
crossing Committee TO correct a clerical error III
Senate Bill No. 2l. Leave granted.
SECOND READINGS.
Mr. TRAYLoR mov.d to take up out of order AS
| sen1bly BtIl No. 374-an Ac the promotion OF
the viticultural industries of this State (by Mr..
Adams.
Carried.
The bill was read the second time and ordered to
third reading.
Mr. DAVIS moved to take up out of order Assem-
bly, Bill No. 5S0an Act to protect the school dis
trcs of this State from injury during the year 1850
by the operation OF Section II of Article All OF the
Constitution (by Mr.. Wason of Yentura).
Carried.
The bill was read a second time and ordered to
third reading
The Secretary read a dispatch from seven-eighths
of the voters OF Mono county, asking the passage OF
| bill to appoint an additional Judge for Mono
county.
On motion of Mr. DICKINSON consideration of As
| semby Bill No. 4S9 was resumed, and the bill ordered
| to third reading.
On motion of Mr. WEST Assembly Bill No. 49,
an Act to provide for funding the Indebtedness of
cities having population exceeding 1000 inhabt-
ants, and not exceeding 100,0 900 (by Mr. West)-was
taken up out OF order and read second time
On motion of Mr.. WEST, this being substitute
for the original BILL it adopted in its place and
ordered to third reading.
Mr. JOHNSTON moved to take up Assembly Bill No.
| 27T out OF order
Mr.. Hill moved to amend by allowing each Sena-
tor alphabetical order to take up bill out Of
| order.
Amendment lost
Mr.. JoHNsToN's motion was carried-ayes 20,
| noes z.
Assembly Bill No. 277-An Act making appropria-
ton for deficiency in the appropriation for the per-
manent improvement of the State capitol grounds
| lying east OF the State Capitol building (by Mr..
| Yourg)-was read second time and ordered TO third
| reading.
On motion OF Mr. PARpEE the Senate at P. NJ.
took recess.
EVENING SESSION.
The Senate reassembled at 7.30 p. N, President
pro tenn Baker in the chair.
Roll called and quorum present
The Committee on Finance reported Senate Bill
| No. $50, recommending passage.
The Committee on Judiciary reported Senate Bii s
Nos 81 l09 and a. concusring in Assembly amend
ments, and Assembly Bill No. A, recommending
passage.
message refusing to concur in the resolution rela
tive to adjournment, and asking the Senate to re-
cede.
Mr. SEARS moved that the Senate adhere to their
amendment. Carried-ayes 90 noes II.
Mr.. DAVIS moved the appointment of a Commit
tee of Conference with the Assembly. Carried.
| The president appointed Senators Davis, Satter-
| white ana Irayior
THE KANE INVESTIGATION.
Mr.. ENos presented the report of the Committee of
| Investigation of Senator Kane's case.
| MIR. HlLL-Mr President would like to have the
| remainder OF the testimony read.
| Mr. ENos-Mr President | move that the report
OF the committee and the testimony accompanying
| the report be read
| Mr.. DIckINsoN-lfr. President, would ask that
all the testimony should be read The first batch of
testimony is very short. would ask that both the
report and all the testimony be read.
| The PREsIDENT-lf there is no objection the en-
| tire testimony will be read.
The Clerk then read the report of the committee.
| Mr.. RYAN-Mr. President, | see Senator Kane is
| not in his seat. Has he been notified 10 be here
The PREsiDENT-The Chair is informed that he
has been notified through the officer of the Senate.
! Mr. DIcKISsoN-Mr President, the object of my
request is that all the testimony might be read so
we might have it all before us in consecutive order
this evening, the testimony that precedes this, as
well as the testimony taken on the last reference
The testimony taken on the first reference was re-
ported back and read, and then resolution was
adopt d. referring the matter back tothe committee
with instructions I proceed.
The PREsIDEST-The Chair is informed that the
testimony taken the other day is published in the
journal.
Mr. DICKINSON President, ! think this mat
ter OF importance and it will not hurt the Senate to
hear the entire testimony.
Mr. Hull see no necessity of taking up the time
with it.
The PRysIDENT-It has been printed the jour
nal. If any senator desires it will be read.
Mr. DIcKINsON-I will withdraw the motion il the
Senators do not desire to hear it, inasmuch the
testimony has been printed in the journal and in
| the papers.
The Clerk then read the testimony at length
Mr. BURT moved that the evidence be published in
pamphlet form, but amended by moving it be printed
in the appendix to the journal. SO ordered.
Mr. DICKINSON offered resolution providing for
the expulsion Of Senator Kane for his refusal to
testify
Mr. ESos offered substitute, suspendng Senator
| Kane for the remainder of the session.
Mr. ENos said he thought if the Senate suspended
Senator Kane it would be all it could do. lie had
been guilty Of contempt, and this would be all that
was necessary
MIR. DICKINSON said he had examined various all-
thorities and was sorry to say that he could only
think that the of action necessary would be
to act oa the resol ton presented by himself He
could not agree with Senator Enos, that there had
been crime. Technically, it was not compound
| ing ,lony practically, it He quoted from
ths section regarding lobbying, and also from Mays
Parl amentary Practice. Ii there was any action a
gentleman could be guilty OF which wonld render
him unfit for a seat on this floor, that action had
been performed by the Senator from the Eleventh.
He referred to the case OF o United States Senator
and quoted from the report of the Committee on
Expulsion, and drew from it the conclusion that the
Senate not to be governed by purely legal rules.
BE held that the person Offering the bride was guilty
Of felony, and that the Senator from the Eleventh
was accessory to that felony He refuses, in spite
Of his official oath, to dyulge the name OF the per-
son before the committee. This is the highest
Court in this State, and the people demand that it
sustain its dignity.
Mr. CHENEY said that he had been at first in favor
of expelling the Senator from this body, but after
atentivey examining the law, and hearing the evil
deuee, he eou not see that Senator Kane had been
guilty OF any crime and he should support the
luton of Senst En0s As one was on trial, Sen
ator Kane could not refuse to testify against him.
The Senator himself being trial before the
mttee, cJuld not be compelled TO the rules
and testify against himself. The Constitution did
not apply to this case it required that the Legis
lature should pass laws to put it into effect The
Senator had not accepted any bribe. He had simply
endeaycTed to keep his word of honor and his self
respect, and, although he did not wish to see him
csc pe the Consequences of his wrongdoin2, Senator
Kane not the man that could weigh carefully
questions of law any questions Of nicely aud
weight The Senate knew what peculiar man