Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1884-05-12
ASSEMBLY.

The House met at 10 4. NJ, Speaker LaRue in
the chair.
Hershey was granted leave of absence on ac-
count of death in his family
Assembly Bill No. 26-Bibbs bill-was passed
on the file.
In accordance with previous notice, Keller
moved Il reconsideration of the vote whereby
the House refused third reading to Assembly
Bill 81, relating to bribery. Crumpton took the
floor against the motion and in the course of
his remarks assumed that Assemblyman Keeler
had not held to the side of the people, be
cause, forsooth, he had not seen fit
TO vote with the majority of the House
every time. Thereupon keeler rose to
question of privilege, and said he regretted
he had answered the notice for reconsideration
ON account of these uncalled-fOr remarks. He
was willing to accord honesty of purpose and Il
conscientious course to the member from Lake,
and he claimed the same consideration. He had
voted for several measures. not because he
thought them extremely wise, but simply be-
cause he found clause i'll them answering what
he believed to be the wishes of the people. He
voted against certain resolutions and measures
because he holds that the State simply has
power in its Legislature to regulate fares and
freights, and even in case of violation of char
ter to take the whole affair i'll charge but that
the stockholders own the material and mechan-
ical equipment. He voted against the constitu-
tional amendment to ride out the Railroad Com
missioner because he had sworn TO obey the Con-
stitution in which it is fully provided that the
Legislature shall turn them out for corruption,
dereliction and incompetcncy. He held that if
the two Commissioners deserved to be turned
out the Legislature should not shirk from the
responsibility OF trying ana eXpeIhng them,
and that it is an evidence of cowardice or some
political or official scheme on the part OF the
Democratic majority, in throwing the job ON
the people who ratified the Constitution for the
Legislature to do it. By such an amendment
the cost of special constitutional election
would be saddled upon the people and State
equal TO the expense of the extra session itself,
direct and incidental. One of this Commits
sioner trio was claimed 10 be pure, and the right
man in the right place, and if so Though
doubted by some the good OF the service re
quired that he be retained, and there certainly
was no constitutional reason for turning him
out, in which ease the proposed constitutional
amendment was itself unconstitutional. At
first he held that the Legislature was as the
majority claimed, nonparisan, but the cat
came out of the bag when 1t was announced
that ''the Democrats who voted for the
Campbell bill would meet in caucus,
instead of using the words members
who voted etc He was thoroughly convinced
that measures had been put forth in the House,
known to be impractical. asking even more
than the people wanted, more for effect than
for sincere wish to help the people, and he
had often wanted 10 ask the speaker il II would
be in order TO give three cheers for buncomb.
In the case of the tax suits he maintained that
no member favoring the minority report of the
Judiciary Committee, or either report for that
matter, involving the principal reasons for the
call of an extra session, had proven by law or
fact that the Attorney General had compromised
the dignity of the State or the rights OF
the people but has seen action taken by the ma
jority of the House involving serious pecuniary
considerations TO the respective ilroad counties
and people OF the state. without sllch perfect
mastery of the subject as alone would justify
such action. These counties need this money,
but as for him. if he had evidence that il endaIl-
gerCd or compromised single right of the peo-
pie or the true dignity of the State, he would
not have voted against striking out the enacting
clause of the bill authorizing the Attorney
General to pay this railroad tax money into the
OF AMONG
ties. But not being convinced by any argument
or documentary evidence that the rights or in
terests of the state are jeopardized, how, he
asked could he vote different? That the
railroad has taken issue with the people as to
what they should pay, is fact, and that fact is
now in the Courts, and the Courts are open to
all; and rs it appears further, litigation is not
impossible; but there seems To be persistency
without knowledge 20 far as he could see, to
deny every advantage the people may have III
situation He was willing TO 90 before the peo-
pie and say thus and thus he has stated accord
ing to his honest Judgment and the dictates of
his conscience. The receiving this money for
taxes is payment simply on account open
YOUR school-houSeS and let the children
in, is what we should all say; but the ma;
iority of the House did not so decide; and
the consequences must be deplOrable If his
premises aud Judgment were correct. He
did not hold, he said, that the AttOrney-Gen-
eral can escape the charge of indiScretion, and
he thought the true dignity of the state de
manded a favorable consideration for his Excel
of these differences should interfere with fear
less and dspassiOnate consideration for the best
interests of the people. In conclusion he said
s'When turn Hy back upon the people: when
I look with more favor upOn the cottage than
the palace may the sun be darkened in my face,
and may never again realize the existence of
the pleasant sunlight, or the manifold beauties
and products that come forth under its mighty
At the conclusion OF Mr. Keelers remarks As
sambly Bills Nos. II, 81, - and 5S were with
In = .,r.I IN
definitely postponed. Assembly concurrent
resolution, relative to adjournment sine die, was
passed on the file.
Terry offered a resolution instructing the Con-
troller to draw his warrant in favor of the Judi
ciary Committee for 81 ~ for expenses. Re
ferred to the Committee on Ways and Means.
Camiuetti offered the following resolution,
which was read and referred 10 the Committee
on Ways and Means:
WHEREAS The present status oftbe delinquent
tax suits commenced on behalf of the State and
the several counties Interested against divers
railroad corporations, is now, and has been, the
/ source of contention and subject
of disagreement between the different
departments of our State Government; ;
whereas, without now entering into Il consider
alton of the merits or dement's of the said con-
! tention and disagreement but solely with Il view
to bring harmony into the councils OF the State,
so that the questions at issue between the peO
/ pie and the railroad corporations may be set
I tied and determined, and the sovereignty of the
I State-the principle that all men, whether as
: individuals, or as an dSspclatiOn OF lulNlQualS
created as the creature oflaw into corporation
must obey the laws and share in the burdens of
government-be upheld and strictly maintained;
/ whereas, in the stipulation referred to in the
( majority and minority reports of the Judiciary
Committee of the Assembly in considering Ques-
tions in relation to such suits, the following
language appears And that neither party
/ will treat any of the judgments entered in said
( causes consent judgments. That if neces-
sary to avoid such treatment by the Supreme
! Court of the United States, the judgments in
favor of the plaintiffs in each of said actions
/ may, on motion of the plaintiff be set aside and
judgments in each of the said cases in that event
shall be entered Rlnc pro toRc of the date of the
present Judgment i'll favor of the defendants.
according to the original decision of the Court.
and to have the same force and effect in all
/ respects, as if such judgments had been so en-
/ tered at such time" And in the bill of excep-
tons, also referred to in said reports appears the
! following And be it further remembered,
that the object and purpose of the proceeding
then had was TO enable the defendant to
pay into the State and county treasures
on account the sum for which the Judgment was
/ rendered without prejudice to the right of the
/ plaintiff in the case to proceed for penalties,
interest, and attorneys fees claimed, and in
order that the litigation might be brought to a