Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1884-04-25
THE LEGISLATURE.
SENATE.
TnuRspAY. April a. l


be postponed till tomorrow. as several Senators
who desired to discuss the bill were absent and
| one, Senator Del Vale, is ill.
Kellogg opposed postponement He was ready
1 TO meet all issues promptly, and hoped that the
| Senate would proceed with its work.
sullivan favored postponement matter of
courtesy toward Senator Del Vale.
/ Cross, from the Judiciary Committee, reported
! favorably Assembly Concurrent Resolution No
4 l., asking Congress TO amend the Act of March
( 5, 1879 50 that certain suits pending in state
Courts cannot be appealed to the Circuit Courts.
Placed on file.
Vrooman submitted a minority report ad-
yersely to the bill. Placed on file
The question recurring on the motion 10 post
pone action on the Railroad Commissioner bill,
! call of the Senate was demanded. and on "a
! division the vote a tie The roll was then
called, with the following result: Ayes, Is;
Reddy withdrew his motion to postpone CON
| sderati0n of the bill. and spoke in favor of the
/ committee amendment to Section ~, giving the
/ Legislature power, by simple majority vote, 10
remove any member OF the Railroad Commits
! sion.
Kellogg believed in the theory that to the
| victor belongs the spoils. He was i'll favor of
/ the amendment, as it brought the control of
! officials closer TO the people. To that end he
wanted to have the Governor every officer and
~every member of any Commission included in
the amendment, and then he wanted TO see the
! Republicans when they may come into power,
remove every Democratic official on the list
Sullivan spoke in favor of the majority clause.
! Whitney argued at considerable length against
/ the amendment. He held that the Railroad
| Commission had been, by the Constitution, en-
! dowed with executive, judicial and legislative
/ powers, and held that no branch of a state Gov
4 ernment exercising such functions should be at
! the mercy of the whims of a simple majority of
any legislative body He read from standard
| authorities on the science Of civil government
/ to subStantiate that theory. The wisdom of the
/ ages was recorded against any such action as
! that proposed. He thought il would be more TO
! the credit of some members of the Senate TO
%
] ment, rather than content themselves with deal
4 ing continually in wild and incoherent denun-
I Citations of railroads whenever important queS-
! tons OF this character come up for legislative
l action For himself he felt above such paltry
I business. and should be governed in his course
/ by proper consideration of the true principles
| of government and the rights and welfare of the
Filcher thought the two-thirds rule had been
sufficiently tried and had proved Intellectual
: except to protect members OF the Commission.
| He wanted to see the majority rule adopted.
! Cross spoke to the question under discussion
! He held that no officer could be efficient if he
stood in position TO be swept hIther and thither
/ by every wave of the political sea. The pro
I posed amendment involves difficulties that may
not now be manifest to ALL but some day they
may be. He noticed that since the majority
proposition had been made, and the possible
disasters that may result under il TO future
Democratic officials been suggested, the Assem-
bly, had apparently taken the alarm, for that
body yesterday inserted in the Railroad Com
missioner bill under consideration there the
twothirds provision If this question is to be
brought 50 very close TO the people, why not
leave it entirely to the Justices of the Peace To
| control? That would be bringing it even
closer to the people" than the method
proposed. The trainers of the present Con-
StitutiOn had inquired deeply and minutely
into this matter and sought precedents from the
fundamental laws of the older States; and il had
been governed i'll its action by the prevailing
two-thrds rule. We are told that when the
people had expressed their will-their choice of
officials at the ballot bOX-Other men, elected in
the same manner, are TO have the power by
simple majority vote to turn out OF their posi-
tions those duly and lawfully elected, simply
because ii might please them TO do SO. If there
has been corruption, derelctiOn of duty or in
competency on the part of any of the Railroad
Commissioners, why should the Democratic
two-thirds majority of the Legislature be afraid
to inquire into the matter and. if necessary,
remove them? For himself he would never go
in Il roundabout way to do that which could be
accomplished by an old-established and hon
ored rule of constitutional law. If after Il fair
and thorough investigation any of these Com
misSiOnerS should be found guilty, as prescribed
by the Constitution, he would not hesitate to
vote for their removal: but he could never sub
scribe to the theory that officials selected by the
people should be condemned without a
hearing. Where speaks the man who
has made two blades of grass To grow where
there was but one, he listened 10 that man.
When the ward politician speaks-even though
at some time he might have been under obliga
tionS to him-invOking politics in important
matters of this kind, he could not listen TO him.
When the man speaks who has the interests and
welfare of the people and of the state at heart,
he would listen no matter how loudly the party
winds whistled about him, and sought to drown
that voice. There had been talk about the
"cries of the people concerning this proposed
amendment. But where had even County
Central Committee passed resolutions asking
that an old-eStablished rule of the Constitution
be set aside to effect the Ousting of these Com
missioners? There has been not even one
county committee asked for this thing, albeit
underhanded method had been resOued to in
order to prejudice people against majority
of this Commission. There are men in this
body who will not consent to the ousting of
these Commissioners before they have been
proven either corrupt, derelict or incompetent. !
and these Senators viii stand by them. He
could afford To stand by the principle that no
man shall be deprived of life, liberty or any
other privilege of his citizenship without cause.
This principle shall live when all who would
ignore it shall have passed away.
Routier expressed himself as opposed to the
amendment under any circumstances. II was
revolutionary i'll the extreme. The tWo-thirds
rule had saved President Andrew johnson from
impeachment when the l2ajOrity of Congress
was against him.
At 1870 the Senate took a recess till 9P.M.
AFTERNOON SESSION.
On reassembling. the President called up the
special order of the day-the Barry bill.
Reddy moved that il go over till tomorrow,
and that the Senate proceed with the consdera-
tion of the Railroad Commissioner bill.
kellogg opposed the motion. The Barry bill
was the keynote of the legislation of the extra
session and he thought there should be no fur
ther delay upon it. Every member was aware
that no bill could be passed legislating the pres
ent Railroad Commissioners out of office with
out Il hearing. Therefore, why waste valuable
time in considering that measure at this time?
Sullivan said he was ready to vote on the bill 4
but thought it would be better to have it go over
another day, in order that the testimony taken
before the Judiciary Committee might be printed
and laid before the Senate.
Reddy withdrew his motion 10 postpone.
Kellogg took the floor and was replying to
Senator Sullivan when he was interrupted by
Reddy. Both continued talking, replying to
each other and the President. after calling TO
order, and repeating it. directed them to take
their seats. Kellogg took his seat, but Reddy
remained standing
The President-The Senator from Mono will
be seated.
Reddy-No, sir; / will take my seat at the bid
ding of no man.
The Presdent-Will the Senator take his seat F.?
Reddy-NO. sir.
The PTesident-Sergeant-a Arms, come for
ward and place the Senator under arrest.
Several members gathered about Senator
Reddy and eXpOStulated with him, and he re-
turned to his desk, saying that he had been in
formed that there was Il rule of the Senate
which required him TO obey the order OF the
Chair and he would therefore submit.
Kellogg then said that he would not continue
his remarks in reply to Senator Sullivan.
Explanations were then made all around I
and the matter was dropped.
Filcher renewed the motion to postpone the
special order till Friday.
Sullivan, johnson and Taylor spoke il favor
of postponement
Reddy said that he had been tod that one of
the important witnesses before the judiciary
Committee claimed that he had not been cor
rectly reported. and he did not wish 10 proceed
i'll the matter while II was claimed that the test-
mony was incorrect.
Cross explained that General Naglee was a
very rapid and indistinct talker, and that the
stenographer had possibly made some triling
errors in reporting him. The gentleman had
been telegraphcd for, was now here, and he
Gross, as Chairman of the Committee, had
authorized General Nagiee to supervise the
proof-sheets and he would ask the committee to
allow him to make any desired corrections He
thought the testimony should be printed before
the Senate goes on with the consideration of the
bill. He would therefore, vote for the postpone
ment.
At $50 P. NJ. after a half hour spent in motions
to adjourn and various dilatOry action, the
Senate adjourned for the day.
ASSEMBLY.
The Assembly met at 10 4. NJ Speaker La Rue
in the chair. Quorum present.
The Judiciary Committee reported back As