Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1883-02-22

after thorough examination OF the testimony, ami
full argument by opposing counsel find the contest
ant j. NJ Brooks is entitled to his seat in the Sen
ate from the Third Senatorial District, now occupied
by George Steele.
| (Sigaed) w W. KELLOGG,
PATRICK REDDY,
WARREN B. ENGLISH.
Two other reports had been made by dissenting
members which were as follows:
Mr. President We the undersigned, members of
your Committee on Elections, to whom was referred
the contested election of Brooks Steele beg
leave to report as follows After impartial exam
nation of the testimony in this contest and the law
applicable theret0 do not think the irregularities
complained OF in holding the election sufficient
to warrant such action on the part Of the Senate as
to unseat the sitting member, and thereby defeat or
thWart the popular viii OF the legal voters.
(Signed) DAVID MCCLURE,
| HENRY HR00MAN.
Mr.. President The undersigned, members Of
your Committee on Elections, have had under con-
sideration the matter Of the contested election Of
! Brooks vs. Steele, and do now report as follows /:
That in our opinion the sitting men Der should re-
tain his seat While there have been some irregu-
larities in the election in the Third Senatorial Dis
trict they have not been Of such character rs to
affect the substantial rights OF the parties interested
The policy of she law is such that the inquiry must
be as to whether or not the popular will in the Sc
lection Of officers to administer the public affairs
has been, in given case, defeated or thwarted by
mistakes happened, or fraud ceneoeted, or irregu-
larities. In the language OF our Supreme Court,
which we quote, 'the investigation proposed is one
in which the public at large are deeply interested,
and it necessarily involves question Of broader i'm
port than the individual claim of designated per-
to enjoy the hcnOrs and emolumeDts OF the par
ticular Office brought directly in contest" We are
of the opinion that the popular will OF the electors
| OF the Third Senatorial District has not been de
feated. and we therefore unwilling to deprive
| the sitting member OF his seat. We believe that
while the ousting of Mr.. Steele could be justified by
the preeedents furnished by the Republican party,
still we do not consider such method Of procedure
consistent with the policy that should be pursued
by the Democratic party in this State,
(Signed) DENNIS SPENCER,
FRANK J. SULLIVAN.
The sitting member, Steele, was asked If he de-
sired to make any statement and ayailed himself Of
the privilege He stated that he had been returned
as elected, had been sworn in aud had acted Sena-
| tor so far He reviewed the testimony and claimed
that there evidence to sustain the allegation
OF illegal votes he admitted changes Of the polling
places, but held that good reasons were shown for
the removals. he asked that the case be decided
upon the testimony, and not upon any political con-
sderation. At tie close Of his remarks ne retired
l from the floor cf the Senate.
Reddy then opened the argument on the side Of
TIE CONTESTANT. He argued that the elective fran.
i chfse was not right, but 4 political privilege
! whlch could only be exereis d in accordance with
the provisions of law. Our election laws provided
the sine and place for holding elections and al the
machinery for cirrying out the provisions. These
Laws could not be set aside and violated TO suit the
pleasure OF aiu parties II the sitting member
yas mere by reason Of breaking down and violating
|
those laws then be was not the choice of the peo-
pie and not entitled to his seat. There could be no
choice gave through a faithful observance of the
substantial requirements Of the law as made BY the
Legislature of the State He then proceeded TO
quote from the evidence TO show that the law had
been violated in many Of the precincts by changing
| the polling places, removing the ballot Boxes, add
ing to the pOll-llst etc. He read the provisions OF
the Political Code upon the subject and applied the
| law to the evidence.
| Pending his remarks the Senate took recess.
| After recess the special order amendments to the
Constitution in relation to State series Of text
| books-was postponed until Friday at o'clock P. NJ
The other special characterization of the
Governors message relative 10 appointments was
| postponed until Friday at 3 o'clock p. NJ
| A resolution was adopted that when the Sena e
adjourn it adjourn to meet on Friday at o'clock P.
NJ out Of respect to the memory of the Industrious
| Father OF his Country, George Washington.
The Senate again took up the contested election
clse, and Reddy concluded his argument reading
from Leading authorities in support Of his position
Yrooman spoke eloquentiy against the motion
and in favor Of the sitting member, BE quoted
from the evidence to show that no voters had been
deprived Of their right 70 vote on account OF the
changes in polling places. He held that the will of
the people was the thing - 0e arrived at aud con
tended that in this case there had been violation
Of law which aside the viii Of the people. It was
a well-kDOwn principle Of law, and he'd been incor
! pOrated III provision Of the Cole, that " mere ir
! Irregularities which do not affect tie fn3l result
should be disregarded - His argument was an able
aad exhaustive ore.
Kellogg csimed that the last speaker had mede
his argument upon false foundation, and therefore
| it must fail. lie read from the Political Code the
requirements in regard to holding elections ami in
sist that those requirements had been violated
and disYegarded 10 this Let the Senate decide
this ease upon the law and they could not do osher
wise than seat the contestant II they did not in.
/ tend to carry out the law, then let the law be
stricken from the statute books. He was party
nan, and while he wanted the Senate tosdecde the
question without pertlsanghip, still, II there Was
any doubt in the minds of the members OF the ma
jority party they ought 10 give the benefit of tie
| doubt to the member Of their party. It was that
very policy that bad kept the Republican party in
power FOR twenty years. The members OF the Re-
publican party ia this Senate would be found voting
/ to man to sustain that principle.
Mcclure advocated the claims Of the sitting men,
Der in an eloquent speech taking substantially the
same ground as that taken by Yrooman.
| Reddy then closed the debate in q brief but elo.
| quont and stirring speech.
Mcclure moved call Of the Senate, which was
| 'ost.
The rel was then called on the adoption of the
report signed by Kellogg, Reddy and English and
it was adopted by the following vote
| Ayes-Buek, Cronan, Cross, DoughertY, English,
Harrigan, Johnson heating, Kelly OF San francisco,
| Kelly Of Solano, Kellogg, iangford. Mccarthy,
! Nelson, Reddy, Ryan, Spencer of Stanisaus, Tay-
| lor, Wolfskill-19.
Noes Baldwin, Chandler Pitcher, Foster, Fraser,
knight, Mcclure, Reynolds, Spencer of Napa, Sui
livan, Vrooman-u.
Del Vale (sye) paired with Maddox (no)
The Senate then adjourned.
! The Assembly met at 10 A. NJ Speaker La Rue
In the chair
Keller introduced resolution granting the Com
nittee Military Affairs days leave of absence
to visit San Francisco and witness the military dis
play to take place there to-day in the presence of
the Governor After long discussion the resolu-
ton was laid on the table
Plover introduced bill to pay for the erection Of
buildings and improvements and for the purchase of
lard at the Napa Insane Asylum.
The appropriation bill was again taken up.
Johnston made another effort to get the appropria.
ton OF SO 0o0 for the State Agricultural Society
Storke made another effort to reduce the appro.
priation for the National Guard, and failed also.
| The Governor was allowed s., coo for contingent
ex penses instead Of 8 800.
The bill was then order.d engrossed and printed.
After recess the county government bill was taken
4 up and was under consideration until P ~, when
there were several motions TO adjourn over until
JeIpston opposed the motion. saving thai the acts
/ of the Legislature on the 22d OF February we've
Just legal as those OF any other day o. me sessoR
BE thought the memory OF the Father Of nis coun-
. try world be more houored b. the legislators re-
| maiaing In their seats, and doing the bess days
| work OF the session.
stan and elzimed that IL would be decidedly wrong
fer the Assembly to 50 adjourn.
Storke a'so spoke against the adjournment.
Toe motion 70 adjourn to friday a. : P n was
lost by vote Of 50 ayes to IS noes.
Blob asked leave cf absence Tor Washington S
birthday
Johnston moved to amend by allowing him leave
Of absence Cor the balance OF tho term, when re-
eeiyed several seconds.
Tbs county government bin was further eonsd.
cred
sveesl,nd, at P. N, novel to adjourn until Fri
day at 10 P N.
storke moved to amend by taking recess until
7:3o P y.
The amendment was adopted by vote Of p ayes
to % noes.
An evening session was held ard the county gov.
ern nent bin considered
INVESTIGATION NOTES.
The committee appointed TO investigate the case
Of Sergeznt-at- Arms FarTely Of the Assembly, and
other reported irregularities commenced its labors
at 0 A. " yesterday, bus had proceeded only to an
interesting point, when the hour for legislative ses
sion arrived, and further proceedings were post.
poned. The committee first visited the jan tors
Office, where all stationery and other supplies are
kept, aud inquired to articles drawn BY various
parties. Chairman Johnston. upon running his eye
over the list furnished the different committees was
particularly attracted to one, and, after reading
aloud to his Observation-Disclosures "Soap combs,
brushes, towels, matches corkscrew, one glass,
he turned fcran exchanging look with the commit.
i tee, and exclaimed, wen, I'll be id
Kerrias thought there was probably mistake in
the Item, SIS, upon requistion for a corkscrew,
bura lac ct frla