Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1883-02-15
TIE LEGISLATURE.
The Contested Election cases-Both Houses
Hold Night Sessions.


Both houses of the Legislature were in session
great many hours yesterday, Though not so mucl
work was accomplished as usual, owing TO the fac
that most of the time was given over to eloquenc
the contested election cases for the seats from
Solano.
The Senate met at 10 A NJ, LieutenantGoverno
Daggett in the chair
Whitney presented petition from citizens AM
residents OF Berkeley praying for the passage of
bill for the protection Of life and property from de
| structlon By explosions. He stated that the Uni
yersity buildings were in great danger from the ex
plosi0n of the immense quantities Of giant powde
| stored at Trimmings Point He also presented
petition from the Ladies' Relief Society Of Oakland
Kellogg, from the Committee Elections re-
ported back the original papers and documents il
| the contested election case Of Buck vs.. Dudley.
Heating, from the Committee on Public Buildings
reported that the committee had made careful in
| vestigation OF the buildings and grounds at tn,
State Insane Asylum at Stockton, and found Their
| l53 patients crowded into old and dilapidates
building totally unfit for the purpose for which i
is used, and in danger of destruction by fire at any
| time. There was no provision made for the in
| crease in the number Of inmates, which is sure K
owing to the crowded condition of the ASYLUM
| at Napa. They also found the sewerage system K
| be both an expensive and dangerous one, being
pumped from reservoirs on the grounds and allowed
| to soak in. This has been continued SO long thai
! the ground can receive no more, and conse
quence the air is fouled to an unbearable extent
| In accordance with the report he introduced
bill, drawn by the Joint Committee on Public Build
ings and Grounds appropr ating Sl63, 600 for thu
| erection of a suitable building capable of accommo
dating 300 patients, and for proper sewerage anG
| water supply.
| Cronan, from the Committee on Federal Rela
tons, reported back favorably s. b. 2l4, to autho
rize the Governor of the State to reconvey to the
| Government of the United States certain lands
granted by the United States under the Act Of Con
gress Of 1862 for the benefit of the Agricultural
College.
Lynch, from the Committee on Commerce and
Navigation, presented three reports S. b. 220 in
relation to the State Board of Harbor Commission
ers- Mccarthy aud Whitney, that it do not pass
Ryan and Nelson, without recommendation, and
Lynch in favor of its passage
Ryan, from the Committee on Corporations re.
ported back, adversely, S. b. 253, to prevent mo-
nopoly OF common carriers; s. b, PSI, to regulate
the charges for services performed by telegraph
porations; S. B. 290 TO amend the Civil Code, re-
ating to public nuisances; and A. B. rs, in relation
TO elections held by corporations and fayorably S.
B. W. to regulate insurance companies S. B. 256
to fix the price Of gas and s. B. $780, prevent dis
ordinations by gas companies.
Cronan, from the Committee Labor aad Cap
tal, reported back, favorably, A B. $780, to provide
for the establishment and support of Bureau OF
Labor Statistics.
Bills we're introduced as follows:
By Ryan, to compel Assessors to assess property
at its full cash value; by Johnson, to amend Sec
lions anu II Article ALL OF the COnSLlGu-
ton by Foster authorizing Boards of Supervisors
of the several counties Of the State to pass ord-
napces in relation to trespassing animals by Gro
nan, to regulate fire, marine and inland insurance
companies to provide remedy in certain cases; TO
repeal Section 1861 of the Civil Code and to regti-
late sailor boarding houses and ship offices and pro-
| vide Board Of Commissioners; by Vroonan, APP
propriating S25 900 for the construction and compile
ton OF roads and trails, aud generally to improve
ard preserve the territory within the limits of Yo-
semitic valley aud Big Tree Grove by Heating, au-
| thorizng the Coroner in consolidated cities and
| counties to appoint physician to hold autopses
| and by Cox, to incorporate religious societies.
| message was received from the Governor trans
hitting joint memorial OF the Legislature of the
State of Nevada relating to the boundary line be-
tween the States and announcing his approval Of s.
B. 10, amending the Constitution in regard to pub
| lie improvements.
The Senate then resumed consideration OF A. B. /,
| relating to roads and highways, and discussed
various amendments thereto Senators KELLOGG
| Vrooman, Langford Cross, Ryan, Spencer of Napa,
! Maddox, Cox, Chandler and Frazier took deep and
active interest in the bill and every amendment pro-
| posed to it.
Vroouan proposed an amendment to Section PIP
providing that when necessary the cost of the build
ing of bridges may be paid out of the general fund
of the county, instead of being limited TO the road
| fund. He urged the amendment in strong terms,
but it met with strenuous opposition. II was still
under consideration, and Vrooman had the floor,
| when the Senate took recess.
The Senate was called to order at ?. NJ by Presi-
| dent pro tenn. Del Vale.
Kelly OF Solano reported back fay orally A, B. al
1 to pay the claim OF Daniel Mcneil.
Cronan, from the Committee on Public Buildings
and Grounds reported that they had visited the
Napa Insane Asylum and found it In crowded con.
dition; but owing to the fact that they had recon-
mended the passage of a bill providing for the
erection Of additional accommodations at Stockton
they did not deem it necessary to make any recon-.
mendation for further accommodations at Napa.
After considerable discussion over report of the
| COnmittee llOntIuoeHt ExnenSes the re
ceeded TO consider the special order Of the day the
consideration Of the majority and minority reports
OF the Committee on Elections.
Kellogg moved that the report of the majority oil
the Committee Elections be adopted which gives
the seat to the contestant L. W. Buck.
Mcclure moved the adoption Of the report
of the minority of the committee, consisting
of Senator Vrooman and himself, and upon
that question made eloquent and stirring
appeal to the Senate 10 do justice and
leave the sitting member, Dudley in his seat. His
argument was based entirely upon the legal aspect
of the case, and he expected TO be able to satisfy
majority of the Senate that Mr. Dudley had the law
on his side. He quoted from very large number
of authorities in support of his position. In the
opening of his argument he read at length the state
ment Of the contestant, and held that the evidence
did not sustain the allegations in the statement.
He argued that in order to upset the returns,
if intimidation was proved it was necessary to show
that enough votes had been cast under undue inlu-
to change the result Of the election and read
number of authorities upon that subject He said
that Section 1ll2 Of our Code ought to settle the
question, as it carried out that doctrine. The bur-
| den Of proof, he held, was upon the contest mt
He then proceeded to summarize the testimony
as presented to the committee and
printed for the use OF the Legislature,
| quoting largely respondents brief The Senate
could not unseat Dudley unless they came to IL e
conclusion that precincts and Of Vallejo hould
be thrown out. Upon this point he cited McCrsary
on Elections and other authorities He urged that
| the statement claimed one thing, and then when
| the contestant before the cOmmittae n na
| claim was set up. He held that they had no right
to 90 beyond the allegations charged in the state
naent or complaint, because the respondent had no
notice OF the new issue. lie read from Brewster,
| 81, and willing to stand upon that decision
He read also from the same book, pages AZ and o.
on the same subject. But, if it decided to
allow the new ISSUE it was the duty Of the Senate
to endeavOr to purge these two polls and get at the
sound and unsound votes, and unless it was found
absolutely impossible to do that, they had no right
| to throw out those polls.
The Senator continued until 445 P NJ, when
Kellogg, Chairman OF the Committee on Elections,
commenced his argument in reply at this doubt. He
said That if, after all the evidence had been consd.
cred, there was reasonable doubt in the minds OF
any Senators, he asked them to give the benefit OF
| the doubt to the sitting member but he believed
| that an examination of the evidence would prove
that there had been perperated at Vallejo of the
most damnable outragcs ever perpetrated on the
people OF this any other State. He took pride
IN the fact that the Democratic majority in the
Senate had not caucused upon this question, but
had left every Senator to vote as his conscience
should dictate upon the merits Of the case and after
hearing the fullest argument. In response to the
argument against the statement in the he said
that it was not necessary to state all the facts. AL
| that was necessary was that the complaint should
state a cause Of action. II that was done
| then the Court would hear and de.
termipe that of action The statement OF the
contestant in this case did show cause of action
He contended that If the poll to be purged the
burden OF that proof was shifted TO the respondent
He quoted from the printed evidence to show that
there not a free and fair ballot at Vallejo on
the 9TH of last November He admitted that it had
| been the custom in many States to use Unlawful
means TO secure elections, but 1t DOW time that
| the Senate OF California should say that it should
last no longer. He claimed that the evidence
clearly proved organized effort to iBtimi
date the voters from the Mare Island navy yard
and that precincts and two ought to be thrown
out entirely.
Pending his argument, the Senate took recess
| until 7:30 P. NJ.
at the evening session the contested election case
of Buck vs. Dudley taken up. Kellogg, Reddy
and Sullivan spoke in favor OF the majority report
and Dudley, Whitney and Mcclure in favor of the
adoption of the minority report
On motion of Kellogg further consideration Of tn
case made the special order for Friday morning
Immediately after the reading Of the journal, and a
lilo P. NJ the Senate adjourned
In the Assembly, Colemars concurrent resolution
relative to the protection and preservation OF the
forests the shores of Lake Tahoe and providing
for the appointment of Commiss on, who shall in
quire into plans to protect the same and report
fine Governor before the neeting Of the next Legs