Los Angeles daily herald. [microfilm reel] (Los Angeles [Calif.]) 1884-1890, 1886-07-30
SACRAMENTO.
The Struggle Over the
Supreme Court.
TERRY COMES TO THE FRONT.
Specific Charges of lnfrmity
Against Justices Morrison and
Sharpstein.
Special to the Herald oy The Associated Pres'-l
ASSEMBLY.

Special 10 the Herald bB the Associated Press.
ASSEMBLY.
SACRAMENTO. July 29.--The Assembly
convened at 10 AN. The Committee OF
irrigation reported Assembly bill
No. 2, repeating section 1922 Of the
Civil Code, with the recommendation
that it pass.
Morris, Of Alameda, introduced the
petition signed by David $. Terry, o.
Stockton, requesting the removal BY the
Legislature Of Chief-Jushce Robert r
Morrison and Justice John R. Sharp
: tein, Of the Supreme Court, on thu
ground Of their alleged incompetency te
perform the duties of their offices BY
reason Of physical and mental infirmity
The petition also asks that committed
of seven be appointed to investigate
these charges.
Mr.. Yule moved to lay the matter on
the table.
Tho motion was lost by a vote Of 2l to
43, as follows: Ayes-Ashe. Barnes,
Britt, BuhIert, Carter of Solano, CLARK,
Dooling, Ellison, Firebaugh, Goucher,
Hazard, Henley, Henry, Jones. Lowell,
Moffitt, Munday, Pellett, Walrath,
Watson of Edorado, Yule; 2l. Noes
Allen, Banbury, Carter of Salano, Colby,
Cook. Culver. Davis, Deyeny, Dewitt,
Douglass, Edwards, Franklin, French,
Gregory, Heath, Haywood, Hollister.
Hunt, Hussey, Laughlin, Long, Lund,
Macy, Mcdonald, McGlashan, Nc.
Junkin, Mclean, McMurray, Means,
Morris, Pyle, Reeves, Rosebury, ulli-
van, Swayne, Terry, Ward OF Butte,
Ward Of San Francisco, Weaver, Whit
comb, Wood, Woodward; 43.
The resolution was then adopted and
Speaker Parks appointed a cominittee to
investigate the matter as follows: Nor
ris, McJ unkin. Gregory, McGlashan,
A-he. Husssy and Davis.
Henley OF Sonoma, for the purpose OF
securing test vote on the irrigation
question, introduced a resolution ex.
pressing full sympathy aud accord with
the Governor in his call OF this extra
session and the objects thereof, so far as
pertains to needed legislation in regard
to irrigation. 1t was voted down with
a loud laugh.
walrath introduced a substitute to
the Moffit bill, repeating section l422 Of
the Civil Code, as follows: Section 1922
is hereby amended to READ as follow:
Nothing in the foregoing section shall
ia any manner be construed to interfere
with the appropriators natural right,
which shall be construed to be water for
family and domestic purposes. for the
purpose OF watering live stock and water
for irrigation purposes. TO such an ex.
tent as shall have been appropriated and
used up to the time Of the passage Of
this act"
Goucher introduced an amendment 10
the constitution relating to public waters.
which /, identical with Reddy's amend
ment introduced in the Senate yester-
day.
MoJupkin's concurrent resolution re.
questing the Governor to declare August
Sd and 4th legal holidays in Difference to
the @. A. r. encampment was called up.
The resolution was voted down almost
unanimously.
Adjourned.
The Senate met at II O'Clock. Taylor.
from the Committee on Irrigation, re-
ported substitute for Senate Bill No.
without recommendation. The substi-
tute was ordered printed.
The Assembly bill appropriating $49,-
500 for expenses OF the extra session vas
read a third time and passed.
Senator Del Vale introduced reso-
luton requesting the State Represent.
atives in Congress to urge the passage OF
the bill reported by the Senate Judiciary
Committee establishing another United
States Judiciary district in Southern
California. Adopted.
Mr.. Boone introduced q resolution
that the legislation OF the extra session
be confined to constitutional amend
ments in relation to water rights and
irrigation, and that plans and details for
carrying out the irrigation system be
left to subsequent legislation.
The resolution was referred to the
Committee on Irrigation.
preme Court Justices K. Il. Morrison
and J. r. Sharpstein, signed by David
Terry Of San Joaquin, alleging that they
are incapacitated from their duties by
physical disability. These charges are
the same as those introduced in the As
sembly. Accompanying the charges
Yves a resolution summoning the Justices
to show cause. R-ferred to the Judici-
ary Committee. Adjourned.
COMMITTEE WORK.
SACRAMENTO, July 29.--The special
appointed by the Assembly
to investigate the charges preferred BY
Judge Terry against supreme Justices
Morrison and Sharpstein met this even
ing. Morris, OF Alameda, acted as
Chairman McJunkin said that nothing
,uld be done Immediately. The Com
mittee had no power to send for papers
or examine witnesses aud nothing ought
to be done until the complaint was
served on the justices and a return was
made. He offered the following resolu.
ton, which was adopted:
Resoioed, That the special committee
appointed by the Assembly to investi
gate the charges contained in the com.
plant fled against Hon. r. F. Morrison,
Chief Justice, and Hon. John r. Sharp.
stein, Justice Of the Supreme Court Of
this State, be and are hereby empowered
+, send for all necessary persons and
papers and 10 summon witnesses aud to
perform all other acts necessary to a full
Investigation Of the charges in said
complaint; TO reduce all testi-
mony to writing; TO adjourn
to San Francisco, II ecessary. for the
purpose OF taking testimony, and that
the Sergeant.at Arms be and he is here
by instructed TO serve copies OF the
complaint and resolutions hereia upon
said X. +. Morrison aud John K. Sharp
stein, and that notice be served at the
same time citing said X. +. Morrison
and John X. Sharpstein to appear
before the said Committee, AZ : the
Snpreme Court room, in the city aid
county Of San Francisco. State Of Cali.
fornia, on Wednesday August 4th, 1886,
at 3 o'clock P. NJ.
The Assembly Committee on Consli.
tutional Amendments spent the entire
afternoon in q fruitless discussion. A
committee consisting OF Weaver, Hazard
and Britt was appointed to formulate
bill as directed by the House in conform.
ance with the Governors proclamation
to reorgan.ze the Supreme Court. Ia
the French amendment, which regulates
the compensation Of water companies by
guaranteeing them six to eight per
cent. net return on the cost of
construction aud maintenance. Jordan
succeeded in knocking out the entire
clause fixing the rate of compensation.
although Britt made gallant fight for
its retention. Weaver succeeded in
changing the time for lix ny water rates
from every three years TO every year.
The committee has decided to report
back but one Of the three or four amend
ments submitted TO it on the water
question.
At the afternoon session Of the Senate
Judiciary Committee, a further discus-