Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1884-04-30
ASSEMBLY.


The House met at 10 \. NJ. Speaker La Rue in
the chair, and quorum found present.
Immediately after the reading of the Journal
and prayer by the Chaplain, the special order of
the day Assembly Bill No II, proposing an
amendment TO the Constitution for the purpose
of Ousting Railroad Commissioners Carpenter
and Humphreys, was taken up for passage.
Irwin of FL Dorado addressed the Speaker as
follows
did not purpose speaking again on this ques-
ton but in view of the eloquent speeches that
have been made by the gentleman from Merced
and the gentleman from San Francisco | feel
constrained, with the permission of the House.
to make few remarks in opposition to the
measure before ii is put upon lis final passage.
While listening to the burning elOquence that
fell from the lips OF the gentleman from Merced,
| could well excuse in one comparatively 50
young the vehement denunciation with which
he aSSailed the gentlemen who are to be immc-
diately affected by the passage of this bill. if
pass it does and could excuse his treatment Of
the subject upon the grounds of prejudice in him.
and desire perhaps, to gain popularity with a
class OF men who are seeking to gain political
preierment at the expense of their bettCrs. The
gentleman from Merced is young in years, and
from the favorable beginning he has made may
reasonably look forward to IL long life of useful
ness and craftsmanship, perhaps riyaling his IL
lustrious sire, whom Il nation loved 10 honor.
But let me remind the gentleman that he who
seeks to rise to eminence, by pandering to the
passions of the hour, or in permitting his actions
to be controlled by any other than a sense of
Z
will surely fail.
But what can be said of the gentleman from
San Francisco? He Of mature years. whose
bead is already bossOmin% for the grave and
in whose veins the blood has grown sluggish in
its movement, and who can no longer claim the
excuse accorded to the fire of youth. He who
for 50 many years filed the highest judicial po-
StiOn under the Constitution of our state. He
whom we. who are younger in the legal pro-
fesSion, have looked up to for 50 many years for
sound legal interpretations of both ConSttu-
tiOn and laws and III whose feet we have sat aS
Paul at the feet of Gamalial To learn wisdom?
When one ike he fails us, in what we deem to
be in the line of proper legislation, and shows
that he has made Il surrender of his better iudg-
mcnt TO uniustihable passion ana prejudice, we
can only say that our idol Is shattered
Instead of discussing the legal propositions in
vOlyed i'll the case, as might have been expected
from one of his eminent ability. he, too, stOopS
in his remarks is if to pander to the bascr ele-
ment, and deals in denunciatiOn of the men
toward whom this legislation is directed
The gentleman from san Francisco should
have told us here. he has 50 often told us
from the bench, that Constitutions. like statutes
and private instruments must be construed if
possible 50 rs to give force and effect to each of
their provisions. He should have told us further
that we should presume that the people fully
understood the provisions of the Constitution
when adopted by them scarcely five years ago.
and the fact that no judicial Interpretation of
the same has been had is preSmnptive evidence
that the plain reading of the section sought to
be amended, providing that these officers may
be removed by tWO-thirds vote of the LcgiS
lature, for dcrellctlOn OF duty, lncOmpctcncN or
corruption Is not only the law of the land but
imposes the duty upon the Legislature of trying
them whenever they are charged with one or
more of such otfcnSe>. 1t is further evident that
the section OF the Constitution rs il now stands
is satisfactory to the people
But the gentleman from san Francisco says
that an attempt to remove these men from office
in the manner provided by the Constitution
might involve us in lawsuit, and their term
might expire before the question cOuld be set
tied in the Courts. What tlimSy excuse for
the denial of right always conceded to the
most petty otfender-that OF being tried by the
forms prescribed by law. The gentleman would
convict and punish these men without Il hear
ing. and then permit them To vindicate them
selves before the people if they could. How
magnanimous The gentleman certainly did
not evolve this new system of justice from his
long experience upon the bench.
But the gentleman claims Il Justification of the
proposed action in the clause of the ConStitu
ton which provides for its amendment. He for
the time being fails 10 remember that familiar
maxim of the law. that the affirmation of one
thing is the negation of all others or that the
affirmation in the Constitution of one mode of
procedure is the exclusion of all Others. This
provision in our Constitution is new. and, 50 far
rs am informed, does not exist i'll the COnStitu-
tion of any other State so that there has been
no judicial Interpretation to direct us in our
action. As viii be seen by reference to the de-
bates, it introduced near the close of the
Convention. and from the discussion then had
it is very evident that no member Of that body
ever thought for one moment that any mode of
removing Commissioners from Office other than
as therein provided. would ever be thought of,
unless perhaps by impeachment. 10 which this
was considered only aS cumulative. To this
doctrine the gentleman who now fills the Speak
cr'S chair subscribed by his vote in the Con-
vention. although he is now voting with the
friends of this bill.
Let me ask the gentlemen from MERGED and
from san Francisco who has demanded the pas
sage of this amendment at our hands? Have
any petitions been presented To this body re-
questing such action? Not one. Do they say
that the Governor demands it? Were any petit
tions, ask, presented To the Governor request
ing that the Legislature be convened in extra
session for such purpose? | am informed not.
Have any of the gentlemen OF this house seen
any such petitions in circulation? If so, they
have seen more than have. AT whose inStiga-
ton. then. are we about to take this step? Gen
tlemen will say that il is in obedince to the Gov
ernors call. We viii cOncede that il is within
the province OF the Governor to determine when
in his Judgment an extraordinary occasion
arises and that such decision is final so far as
concerns his acts. But the Legislature. when
convened. is in no way to be controlled by his
views but may determine the occasion TO be n
very ordinary one, and adjourn and go home
The gentlemen on the other side have said
that public sentiment demands this action: but
public sentiment is usually evidenced bv the
presentation of petitions to the body called upon
10 act.
Every member on this floor has taken a
solemn oath to support the Constitution of this
State, and |, for one, intend to abide by that
oath
Judge Cooley. in his work on constitutional
limitations tp. 5l-5), says: . \ Court or Legis-
lature which should allow change in public
sentiment to influence it in giving construction
1 to written constitution not warranted bv the
intention of its founders would be Justly charge
able with reckless disregard OF official oath and
( public duty, and if its course could become n
/ precedent these instruments would become of
! little avail
The proposition to elect from the State at large
was before the Convention that framed this Con
stitution, and was by that body fully discussed
and condemned-and has there been any
/ change OF sentiment in this regard? Neither of
/ the gentlemen ON the other side have venturcd
/ to give any reason why the change should be
made and whilst have made frequent attempts
/ to draw them out on this subject, they have re-
manned Us silent as the grave, which is the best
/ evidence in the world that they have no reasons
{ to advance in its favor.
The proposition Is Il delusion and snare to
i cover up their intentions on the only question
| in which they are interested-that of removing
I the present Commissioners.
| would call the attention of the House to the
ayidity with which these gentlemen seized upon