Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-08-21
Afternoon Session.

on reassembling Del Vale resumed his re-
marks in opposition to the assumed power OF
the Executive, under the circumstances to pro-
rogue the Legislature. He concluded by ex-
pressing the hope that the ruling of the Char
that the Senate was still in session. would be
sustained.
Spencer held that the constitutional provision
under which the Executive had acted did not
refer TO any disagreement otherthan Il final one.
IL would not be right for the Governor to step
in and prorogue the Legislature while negotia-
tons for an adjournment might be pending
The section of the Constitution upon which TIE
Governor had acted was copied frem the old
Constitution, wht2 ~ limit was placed upon
the term OF legislative session. The action
thus far taken did not come up to the dignity of
disagreement such US the Constitution con
templates.
Reddy differed from the last speaker, and ar
gued in defense of the proposition that the two
houses had 10 all intentS and purposes disagreed
as to the time OF adjournment. The risk of fur
Their proceedings in the case was too great to
warrant the Senate in doing otherwise than to
consider itself adjourned.
The Chair disclaimed any desire. in its rul-
ing, TO arouse conflict between the senate and
the Executive Department. lie had inquired
carefully into this subject and believed that the
Constitution contemplated action of the kind
taken by the Executive only in case of q final
disagreement There was then on the Secre-
tary's desk a concurrent resolution received
from the Assembly. providing for a recess until
September 9Th, and if the consideration of that
resolution be in order then the Governors pro-
elamation is premature As a matter of record
lin the opinion of the Chair-there can be no
disagreement while that resolution is pending.
he Fas moi tenacious of his Judgment in this
matter. ana hoped the Judgment of the Senate
would be had as a guide 10 future action.
After some further discussion the roll was
called on the question of sustaining the decis-
ion Of the Chair, with the following result
= Ayes-Boone. Chandler, Cox, Creighton DAYS
belong, Del Vale. DOugherty, DTumm, Pitcher,
Kelly. Langford. lynch, Mailer, Palmeiri Par
ker, Perry, SAKE, Spencer Of Napa, Steele, Tay-
Soes-Saldwin, Hmlburt. johnson of san Der.
nardino, johnson of Scnoma, kellogg, Parkin.
son, Reddy. Reuter-, Whitney-9.
Del Vale moved that the Senate do now com.
ply with the proclamation of the Governor
Reddy Ssid he could not understand such tao
tics. They reminded him of the military Cap
tain who marched his soldiers up TO the top OF
4 hill, and then-marched them straight down
again. However, lie would vote 10 march down
-aSain.
Del Vale withdrew his motion to adjourn.
Taylor tAen moved to take up Assembly mes
keddy thought the Senate had no right to aci
in the matter. The Assembly had adjourned
tor period OF more than three DAYS, and any
action by the Senate in the meantime would be
illegal.
Kellogg said the Assembly had not adjourned
of its own accord but in obedience to the proc
lamation of the Executive, and the Senate can
not adjourn for more than three DAYS without
the concurrence of the Assembly. As a matter
of fact the Senate is sitting here as an illegal
body.
Taylor denied that the Senate had any knowl
edge of the adjournment. or attempted adjourn.
Inent, of the Assembly. As a lawyer, he
claimed that the Senate could only know of
ficially. through the proper channels of any
action on the part of that body. We can only
act upon official knowledge as shown in the
records and should proclaim that we are here
ready TO do our duty. The Assembly message
should be taken up and If it be found that tho
Assembly has declined to concur in the Senate
resolution to adjourn sine die. this body might
ssts proper dignity, tlsac " ssd assvst As
scmoy resolution 10 take q recess until Septem
Der It'll.
Cross thought that, in order to avoid all diff
Guilty, ii might be best to adopt the Assembly
resolution for recess. Then the Senate would
be sustained both by that action and the Gov
s-nor proclamation.
Reddy defended the action of the Governor
from AL imputations Of having treated the Sen,
ate eavalierly in the matter.
Spencer said that either the Governor had
adjourned the Senate or he had not. If he has
I'D burned it, i. Is adj0urned d, and If he hasn't
il is not adjourned. Those who bel the
Senate adjourned had better get up and 60
home. What were they doing here. and what
could they do? In his opinion the Governor
had not treated the Senate with becoming dig
nifty: The Almighty and everybody else knows
II. his Excellency s satisfied. however: ms
friends are satisfied the Assembly is satisfied
and now let them have the thing their cwn
wny-Iet the Courts determine in the future any
question Is 10 the legality Of the protesting.