Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1883-02-17


and Improvement Of Its public streets, ways, roa1s
and squares"
The amendment was lost, on a call of the roll, by
a vote of ayes to 25 noes.
Whitneys amendment then adopted by the
following vote:
AyesSCox, Cronan, Del Vale, Dougherty, Har-
rigan, Heating, Kellogg, Knight, Maddox, McCar-
thy, Mcclure, Nelson, Perry Routier, Spencer of
Napa, Sullivan, Vrooman, Whitney-1S
Noes Chandler. Crose, English, FichsY, Foster,
Fraser, Johnson, Kelly Of San Francisco Gelly Of
Solano, Langford, Lynch Reynolds, Ryan, Spencer
of Stanislaus, Taylor, Wallis, Wolfskill II.
The discussion this amendment was very
interesting one and the fight made by Senator Sroo-
one of the most persistent and tireless os
the session. Ryan moved to reconsider the vote by
which the amendm mt was adopted Del Vale
raired the point of order that the gentleman voted
with the minority, and therefore had no right to
move reconsideration. The Chair held the point
Of order TO be well taken.
Some amendments of minor importance were
adopted.
Router moved to so amend the bill that the
Boards Of Supervisors would not have power to
the words public roads " and inserting the words
private or by-rosds; speaking earnestly in favor
oil his amendment. bis position was supported by
Spencer Of Napa and heddy
Ficher and Johnson spoke against the amend
ment. The section as it stood simply carried out
the spirit OF the Constitution by leaving matters of
this character to the local Boards Of Supervisors
Chandler opposed the amendment ON the ground
that if it was adopted there w2s not county in the
State able to secure the rcads that were Deeded
After long discussion Langford raised the point
OF order that the amen ment had been proposed
feT days ago and elected.
TIE Chair ruled the point of order not well taken
as the amendment did not cover tie same ground as
the other one.
The roll called, and before the vote on the
amendment was announced Reuter- objected to the
counting o; the vote OF Kellogg that Senator hay.
ing been outside OF the ran when his name was
called. The Chair sustained the point OF order
Seyerel Senators then asked for new rotca and
the Chair decided to put that motion. Rcddy ap-
peaed from the decision of the Chair.
The roll was called and the d cision Of the Chair
was sustained by v'te Of "a ayes to u noes.
The roll was again called and the amendment was
adopted by vote of 10 ayes to II noes.
Cross introduced out OF order bill allowing di-
vorees to be granted in actions be brought in the
name Of the people Of the State when the parties
have lived separate for q term Of four years
Consideration of the road law resumed.
Maddox moved TO strike out Section 27l2 which
allowed the Board Of Supervisors to pay for the
building OF bridges out Of the general fund when
the road fond is exhausted, and spoke warmly in
favor of his amendment.
Vrooman, Chandler and Whitney opposed the
amendment, and after some dh eussion ii was with.
drawn.
An amendment was offered by Spencer OF Napa
and adopted, increasing the pay of Road Surveyors
from s. per day to $40 per day. The bill was ordered
engrossed and read third time
Whitney introduced bill appropriating money
for the support OF aged persons in INDECENT cireum
stances.
Cronan introduced bill which in effect will Dust
the License Collector in San Francisco.
Langford presented petition from Laura De
Force GerGoD, asking for the right to exercise the
elective franchise.
Kellogg introduced a resolution to pay j. W. bud.
ley, the retiring SENATOR s 20 for his expenses in
the contested case If Buck Dudley. 1t was re-
ferred to the Committee on Contingent Expenses
At 4:50 P N. the Senate adjourned.
The Assembly met at 10 A, NJ, Speaker LaRue in
the Chair.
Nessrs BOARD Peterson and Nart;,, ,,o-. ,,-,-+o,,
leave of absence on accouat OF sickness
heeier presented petition from Laura DeForce
Gordon asking the Legislature to "enaet such
measures as would remove her political disabilities
and place women upon equality with men citi-
Zeus."
ON motion of Flynn the Assembly took up A. B.
12S-to divide the State into Assembly districts
and it was read second time. A lengthy discuss
ION arose over the apportionment of Yuba and
Suffer counties. The bill gave those two counties
one Assembyman jointly and Cutter urged that
each county should have one, and that Sacramento,
Sonoma or Alameda should ha one less represent
alive. 1t was finally decided to pass over the coun-
ties Of Yuba, Suffer, Sacramento, Alameda Hum
b 1dt and Sonoma until the representation OF the
other counties was disposed of.
bill appropriating $4,000 for the contingent ex-
penses OF the Senate and Sl5 000 for the contingent
expenses Of the Assembly was declared case of
urgency, read three times and passed
James III. Farrelly was allowed S157 so for services
rendered the Joint Committee Commerce and
Navigation
j rity and minority reports of the Committee on
Elections in the of Dozier vs. Barnes-was
taken up for consideration, the question being on
the motion by Mr.. Lewison to adopt the minority
report of the committee, which was amended by
Mr.. Bibb to adopt the majority report.
Caminetti addressed the Assembly on the subject,
taking the ground that the contestant had failed to
make out a case. He offered the following resolu-
tons:
RESOLVED, That the contestant, E. c. Dozier. is not
entitled to seat as one OF the members of the
Assem- bly, from the county of Solano.
ResOtUed, Further, that on account OF the in
limitation pTacticed in Precincts and OF the city
of Vallejo, IN the county OF Solano the result Of
the election was more or less influenced thereby,
and to an extent which it is uncertain to determine
therefore, it is the judgment OF this House that the
election Of the sitting member D. q. Barnes should
be declared invalid, and the seat he now occupies as
a member of the Assembly from the county of So
lano declared vacant.
Booth moved that Barnes should be allowed to
address the Assembly after the arguments were
closed. Carried.
Johnston said he was not in favor of seating Do.
Zier, and he also held that Barnes was not entitled
TO q seat i'll the Assembly.
Yell moved the previous question, except as to
Barnes
Leverson offered as a substitute for Caminetti's
resolution the following:
l. That the sitting member for Soano county, D.
G. Barnes, is not entitled to the seat in the Assem-
bly, for that county, on account of the fraud and
intimidation practiced in the First and Second
Wards of Vallejo, in said county.
mat the said ID. u. Barnes neither
ticipant in nor c. gnizant OF said frauds
3. That the votes of those wards bear so large a
proportion to the votes of the whole county that no
valid election was held in said county.
a. That by reason thereof the contestant E. c.
Doler is not entitled to the seat in the Assembly
for said county.
Caminetti withdrew his motion and accepted that
of Leverson.
had made good case. There was not sufficient evil
qence TO warrant the Assembly in unse ating Mr..
Barnes 1t would be dangerous TO unseat the mem
Der who had received certificate OF election in this
case. Ii it were shown that Mr. Barnes was inter-
esed in this fraud guilty of any bride or improper
DhGeBclng OF voters, then be would say unseat him
There Is nothing to show that he is in any manner
connected with this fraud and he could not vote to
unseat the sitting member.
Crumpton was in favor of adopting the majority
report and If that could not be carried he should
support the minority report. He thought Mr.
Dozer entitled to the seat but rather than have the
seat vacated he would vote for Mr. Barnes In his
opinion Soiano was entitled to two members and to
refuse her proper number would be doing great
wrong.
Keller spoke in favor of Barnes.
Barnes reviewed the testimony, aud stated his side
of the case.
Yell then insisted on his previsus question
The resolution by L=ven was voted upon seria-
tim and adopted, except the third section The
amendment was then substituted for the majority
report. The substitute was then voted down. as was
also the minority report.
Gutter of Yuba offered resolution declaring that
the seat occupied 10y Ba mes Of Solano be declared
vacant, which was adopted by the following vote
Ayes-Atwel Barnes, Bowers, Briceland Gala
han, Cam netti, Campbell, Clark, Coleman, crump-
ton, Faw, Field, Femming, Flynn, Fortna Gaussail,
Hall, Hamilton, Healy Hershey, Hughes, Johnston,
LeyersOn, Nicola key, Mcdonald Mofiitt Murphy,
O'Ccnaor, Poyer, Rawle, Rhie Simon, Smith, Ste
phens, Stewart, Storke, Townsend, Wheat, wheelan,
Yell, Mr.. Speaker ia kue)-40
Noes-Booth, Brown, tarter, Cary, Clement,
COMBS, Culver, cutter, Farley Granger Harvey,
Head, Heath, HOLSTER, Irwin, Keller kerrick,
Lewison, Mathews, scHae. Mckinley, Hicol, Reeves,
Ryan, Sweetland, Terry, Wairath, Weaver, Whar-
tOn-30.
When the Chair announced the vote which de-
clsred vacant the scat occupied by the Hon. d. 9.
Barnes, Assembly man from Solapo county, Yell i'm
mediately sent the Seeretary's desk resolution
declaring Mr. DoZier the As.emblyman to fill the
vacancy.
: Caminetti to point Of order and stated that
there vacancy, and this Legislature had no
power to fill a vacancy. The only way IN which the
vacancy could be filed by the Governor salliDg
an election for that purpose in SolaDo county.