Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1884-04-25
g, one hour aitsT the can Of the House Ieverson

! the following resolution
4 Resotted, That II is the sense of this House
/ that 1t disclaims all unkindliness of feeling of
4 the Assembly towards the member from San
! Francisco tDr. Leversonl, and that it request of
! the gentleman to reconsider his action as to re-
! signing his seat before his written communities
J tion. sent 10 the Speaker. concerning his in
tended resignation, be read TO the House
Terry said he was opposed to the Assembly's
/ going down on its knees 10 anyone
/ Irwin said that if Leverson saw fit to resign
/ he had perfect right TO do so.
Breckenridge hoped the gentleman would not
! resign. He knew that the gentleman from FL
/ Dorado was desirouS that Levers0n should re
sign. as 1t would operate as a vote on his side of
i the House
airy to Leyerson, and begged him to recall his
resignation.
/ Johnston said some of the members, and those
! now most deSirous 70 retain LeverSon, were dis
| cuSSing, to his knowledge, not Two hours before,
| the propriety OF expeling him from the Assem-
| bly,.
/ Ryan said he thought the House could spare
/ Leverson very well. He had been guilty OF con
/ tempt ON a number of occasions
| Breckinridge offered substitute;
| Resolrtd, That Leverson be requested 10 with
] draw his resignation.
Healy and Coleman Of san Francisco both
! spoke against the resolution and amendment
] They claimed that if LeVerSon wished 10 resign
/ he should be allowed To do SO. They thought
1 such resolutions were unbecoming the dignity
/ of the House.
] The amendment was adopted by Il vote of 49
I ayes 10 II noes.
| LeverSon then arose and asked leave of alb
/ senee until next Monday. He said he desired TO
/ 40 to san Francisco and consult his wise
| friends and constituency If they advised him
! TO recall his resignation then he would con
slider the matter. Until then he should not re
| call his action. and he would draw no pay as Il
member after to-day.
considerable irresistible emotion was occa-
stoned by Leverson's remarks he being under
/ stood very generally 10 have said that he wished
! to 90 and consult with ' his lrQfS friends,
! Atwell said he thought Lcverson was right.
I The Judiciary Committee had made an error in
/ the ease OF which Ieversou complained, and
he should not accept their report as being cor
rect
Booth claimed that the resignation of Lever
son was made in accordance with law, and was
complete and ctiectual He cited Section 995 of
the Political Code, subdivision 3, which pro-
vides that the resignation of Il member of the
Assembly must be made to the presiding officer,
who must Immediately transmit the same to the
Governor; that no acceptance of the resignation
by the House or by the Governor was necessary
TO render 1t etlectual, and cited the case of The
People vS. Porter l6 Cal. 20, Justice Terry rem
dering the decision of the Court, where II was
held that in order 10 render resignation eff
tectua ii need not be accepted by the appoint
ing power; - The tenure of an Office does not
depend upon the will of the Executive Also.
q case reported in ! McLean'S Reports. il2, where
it was held that there can be no doubt that
civil officer has Il right 10 resign his office at
pleasure, and il is not in the power of the Exec
utive to compel him TO remain in Office Booth
claimed that while the resignation might not
have actually been in the Speakers hands, yet
LeVerSon had announced his resignation ON the
floor of the House had rendered it To the
Speaker. and sent it TO the Speakers desk by
one of the Pages, an enploye of the
House, and if the Clerk had it at the desk in
stead of it being actually in the Speakers hands,
il was not the fault Of Dr. Leyerson, lie had
done all that was required of him, and his
resignation was complete and efectual and the
Sergeant Arms had no right to lay hand on
him to bring him back if he did so, it was at
his peril.
Atl2O5 o'clock the House took q recess until
2P.M
AFTERNOON SESSION.
The House reconvened at > P. NJ, Speaker pro
TEN. Campbell in the chair
The Committee on Ways and Means reported
back Assembly Bill No. -, relating to revenue
and taxation, and recommended its passage as
amended. Also, Assembly Bill No. 81, with
recommendation that it do pass. Also Assembly
Bill No. II, relating to the sale of property for
delinquent taxes, with a recommendation that
il do not pass. Also, Assembly Bill No. 80, re-
lating to the definition of terms in the title on
revenue without recommendation.
NicOl. Chairman of the special committee to
whom was referred the resolution asking for an
appropriation to enable the Controller to employ
assistance for the purpose of examining the ac-
counts of certain eX-Otlicials, reported the same
back, and recommended that $1,000 be appro-
priated for that purpose.
The Speaker read the following:
To the Hon. II. N. Lc Rue, Speaker Of the As
sembiy-SIR trust the House will give me the
leave of absence | have applied for Should it
otherwise resolve must request that the error
in the date of my resignation be corrected to
this day. Should leave be granted asked,
and there should seem to be any hope of any
good resulting to the public from my with
drawing my resignation. | Will ask leave to do
so on Monday, till which time | lin such easel
beg you to withhold the same. | cannot with
draw an act which ! feel to have been forced
upon me, without mature deliberation and con-
Sultation with friends in san Francisco. Re
spectfully, MONTAGUE II. LEvERsoN.
Booth said Mr.. LeversOn had resigned. He
had rendered his resignation through the proper
channel he is no longer a member of the House
and any action on that matter would be Illegal
and out OF order. He has resigned his position
the Speaker holds his resignation, and he should
transmit the same to the Governor Immediately,
as required by law.
Sweetland spoke in the same strain, as did
also Johnston of Napa. They both claimed that
LeVerSOn was no longer member of the House
neither could he again become Il member by
the return to him of his written resignation by
the Speaker, as the act of resignation was com
plete.
Leave of absence was refused LeverSon by
vote of 10 ayes to u noes.
Healey moved a call of the House, but the
same was lost. The object ofthe motion was to
bring Leverson in who absent.
Assembly Bill No. Sc e. Bibb's bill y came up
on Its passage, when an amendment was offered
and the bill again referred to the committee to
make the change. The amendment is ;,s fol
lows:
1T shall be the duty of the Assessor. in per
son or by deputy, to visit each house and build
ing in which personal property is to be found,
whether such building be a dwelling house,
business house, or other structure and take an
inventory in detail of each and every article of
furniture, pictures, statuary, goods. or personal
property of any kind found therein, and to fix
thereto, and TO each article of such personal
property, a separate valuation according to the
true and actual valuation thereof. and to carry
the aggregate result thereof into the assessment
roll for the purposes of taxation For any VIC
lations of the provisions of this section the
Assessor shall forfeit the sum of 81 600, 10 be
covered from him and his bOndsInen in the
name of the People of the State of California,
one half charge to be paid into the common
school fund, and the other half to the informer.
Campbell 5 Commissioner bill, to Oust the Rail
road Commissioners, was then read third
time When the time came to take vote there
was a call of the House. The absentees were
Leverson, Callahan and Gutter
After an hours search throughout the city,
the Sergeant at Arms reported that he and his
deputies were unable to find the trio of alb
sentees.
On motion, the sergeant-at-Arms was granted
more time.
Nicol Informed the Speaker that he had heard
from reliable information that the abSenteeS
were hiding in the dome Of the Capitol, and
moved that the Speaker appoint committee to
search the SAME. Carried.
The Speaker appointed as such committee the
Chief Clerk, Ed. E. Leake, and Assemblymen
Nicol and Barry.
Members kept going in and out the door to
such an extent that Mr.. Yell moved that an as
sistant be appointed to the Sergeantat Arms at
the door, and he be instructed TO allow no mem
ber to pass out. Carried.
At 415 P. NJ. Mr.. Cutterwas brought before the
bar of the House. His excuse was that he had
weak lungs had been unable to stand the close
atmosphere of the Assembly chamber, and had
been in another room in the building. He was
excused, on the motion Of Campbell, seconded
by Yell.
The roll was called and all not excused an
swered to their names except LeversOn and Cal
lahan.
Murphy and Bowers both stated that they
were credibly informed that Callahan had
gone to San Francisco. 1t was also announced
that Leverson had left on the afternoon train
for the Bay.
Further proceedings under the call of the
House were suspended, and Il vote taken, which
resulted in the defeat of the bill. The vote was
rs follows:
Ayes-Atwell, Barry Beard, Bibb, Bowers,
Carter Clark, Coleman, Coombs, CrumptOn,
Flynn, FOrtna, Gaussail Granger, Hall, Hamil-
ton, Head Heath, Hershey, Hunter, Johnston.
Kerrick, Martin, Matthew'S McCaskey, Nc
Donald, NtcHGle, Murdock, Nicol Parker, Peter
son, Plover Reeves Riehl, Stephens. Storke
Terry, Townsend, Wallace, Wheat, Yell, Mr.
Speaker-51
NOes-Barnes, Bayley. Booth, Brown, Cary.
Culver Harvey, Healy, Hollister, Irwin, Keller
Lewison, Mckinley, Murphy, OConnor, Rawle,
Ryan, Simon, Stewart. Sweetland Walrath
Weaver. Wharton, Wheeler-A
Two.thirds, or5i votes, were required to pass
the bill.