Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-07-30

plant, alleging that it did not state facts suf-
| iicient upon which to base action.
Mr. Kellogg hoped the demurrer would be
withdrawn. as he believed the only duty Of the
Judiciary Committee was TO report upon the adj
Visibility. or necessity, of having an inyestl-
eating committee appointed.
Mr. Boone held that the complaint was insult
ficient to warrant the appointment of the pro-
posed committee. Before taking cogniZance OF
the complaint he thought the parties on the
other side should have Il chance TO be heard.
Mr. Baldwin thought demurrer was wholly
out of place before the committee. Inc COM
plant merely alleged the lncompetency OF TWO
| Justices of the Supreme Court, under the pro-
visions of the Constitution. In order TO get the
sense of the committee he moved to strike out
| the demurrer.
Mr.. Mcclure argued that all the committee
should do was to appoint the committee asked
for, and let that committee-atter due inquiry
| report something upon which the Senate might
| take action one way or the other Mnen
| member of the Senate asks for investigation OF
charges against any pnblic officer the proper
| thing to do is to treat that request with the
courtesy it deserves, and let the proposed in
vestIgation determine whether or not there be
| anything in the charges. He cited similar
case in Congress in which this was the proceed
ure and the investigating committee found that
| the charges were based on malice, and the
House dropped the matter Even though the
Assembly were TO vote to Gust public officer,
| it would still be the duty OF the Senate 10 in
quire into the matter for itself. He would
| recommend an amendment TO the resolution
committee to inquire into the matter of certain
| charges A demurrer is out of place unless
this committee had itself formulated COM
| plant.
Mr.. Boone defended his position at some
| length and Il running debate ensued upon the
| subject of the propriety of entertaining Il de-
| murrer at that stage OF the proceedings. Boone
| concluded by agreeing with McClure's PROPOSE
| ton to report the matter back and ask for the
appointment of a committee to investigate and
/ formulate complaint, if the facts should SO
! warrant.
| Mr. Del Vale held that the Senate is the Judge
| of what should be sufficient cause for action.
| The duty of the Judiciary Committee is not to
present a complaint, but to advise investigation
| by committee appointed for that purpose.
| The matter was quite fully debated by Boone,
Spencer, Del Vale, Mcclure, Kellogg and others.
| Mr.. Blone offered substitute to the original
resolution that the matter be reported back to
| the Senate with a recommendation that a COM
mittee of investigation be appointed; and
| should the committee become satisfied that the
facts justified action on the part of the Senate,
| it should formulate a complaint and serve
notice upon the Justices to appear and answer
| thereto.
Mr. Reddy argued that the first thing neces-
| sary is the filing of a complaint, and then the
service Of notice upon the accused. A man can
not be i.alf tried and then served with notice to
| appear. He did not consider the resolution
| offered by Senator Baldwin rs sutticien; COM
| plant upon which this committee might pro-
| coed at all.
Mr. Kellogg held that the charges filed On
| behalf of D. S. Terry did constitute complaint,
| and that the proper procedure was plain and
| unmistakable. 1t was simply TO recommend
| the appointment of the proposed committee
| Mr.. Mcclure offered an amendment to Boone
| substitute resolution, providing for q committee
| of nine Senators to investigate the charges
| brought to the notice of the Senate by Senator
| Baldwin against two Justices of the Supren c
| Court, and that the committee report whether,
i'll its opinion, the charges have sufficient foun-
| dation to warrant any further action Tor what
course of action on the part OF the Senate the
| committee TO have power to send for persons
and papers.
Mr. Boone opposed the amendment, on the
| ground that it provided for an actual trial by
| the committee. He thought the preliminary
| investigating committee should lot go so far
but simply to ascertain WHETHER sufficient
ground existed for any such investigation, by
| conference with the party making the charges
| Mr. Spencer thought the Constitution did not
| recognize the right of any man to introduce an
idle resolution in either branch of the Legisla-
ture and thereby precipitate the trial of Judges
| of Courts for removal from Office No such
| action was contemplated without the filing OF a
| formal and sworn complaint in each case.
| When some citizen of st tnding should present
to the Senate sworn charges against high
State official, then only would the Senate be
| justified in taking action i'll the matter. The
Senate has the right TO require that the COM
plant now on file shall be verified by the oath
of its author. In his opinion, the Constitution
| had not been complied with-that no omoiaint,
as contemplated, had been filed.
| Mr.. Mcclure agreed that the so called COM
plant is not sufficient, and for one he would be
| willing to throw it out. But this matter has
| been precpitated, and its moral effects are al
| ready spreading among the people. If the mat
| ter were dismissed at this time, some one else
| will come before the Senate with a whole
string of charges of like character, and finally
some sort of investigation will be entered upon.
He did not propose, for himself to place 1t in the
hands OF any single individual to have an in
| ycstgat0n against Justices of the highest Court
| in the State on trumped up or assumed charges
| of crime or incompetency. He wanted the
Senate itself to take and retain control of this
matter, and by a committee OF its own members
determine whether or not there are sufficient
| grounds for trial. 1t has already gone abroad,
and is whispered on the public highways
and on the street corners, that these
| Justices are to be turned out of Off e
b t;9' mere resoluti n of each house He should
not fail to raise his voice against SO mOnstrous
a proposition. Mr. Mcclure spoke at consider.
able length, and with much warmth and elo-
quence against what he believed to be an inva-
| sion of the rights of public servants holding
high and important positions OF trust
Mr. Johnson OF Sonoma argued in favor OF
| preliminary investigating committee TO de-
| termine whether or not the charges are sufi-
| cient to warrant au investigation.
At o'clock p. NJ. further consideration OF the
matter was continued until Friday at 10 A. NJ
COMMITTEE on CONSTITUTIONAL AMENDMENTS.
The Assembly Committee on Constitutional
| Amendments met at P. NJ, a quorum present.
| Davis substitute for his bill recognizing the
| Supreme Court was read and ordered printed for
| printed in full in Tuesdays REcoRD-USIoN.
| Weaver moved that bills relative to the judi
ciary be referred to committee of three, with
| instructions to report a bill upon that subject
| and present it at the next meeting. Carried.
| The Chair appointed as such committee Wea-
| yer, Hazard and Britt.
! Assembly Constitutional Amendment No. ,,
| introduced by Mr.. Yu,e, was next taken up and
amended so as to read as follows:
| An Act to propose to the people of the state
an amendment to the Constitution of the State
of California, relative TO water and water rights.
The Legislature of the State of California, at
| its session commencing on the 10Th day OF July,
1886, two-thirds of all the members elected TO
each of the two houses of the said Legislature
voting in favor thereof, hereby proposes that
Article XIV. of the Constitution Of the state o.
California be amended By adding the following
new section at the end thereof:
Section 8 The water of every natural innaviga-
BILE stream, within the state of California, is the
property of the State and is hereby dedicated to
the public for the use OF the people Of the State,
ana IS subject to appropriation, diversion, and
use for irrigation, mining, manufacturing and
other beneficial purposes; ana the right to divert
unappropriated waters of any natural innaviga-
bic stream to such beneficial uses shall never be
denied. Prior appropriations to any such use,
! whether heretofore or hereafter made, shall
give the better right and the right of appropria-
ton shall be exercised under legislative reglla
| tions. The English common law OF riparian
rights so far as it conflicts with this section,
| shall not be recognized as rule OF decision IN
| any of the Courts of this state.
| Assembly concurrent resolution No. 7, intro
| ducedby Edwards, proposing an amendment to
Section p of Article No. ". OF the Constitution.
| was amended by the author by striking out the
last clause and inserting the following But
nothing in this section shall prevent the LegiS-
| lature from passing local or special laws regu-
| lating the diversion distribution aud use of
| water for irrigation or mining purposes and the
construction of canals bitches and other works
| thereto, as the same may be specially required
in any county or district created by law for that
| purpose"
The committee adjourned without taking final
action upon any of the bills under consider
| alton.
IRRIGATION COMMITTEE.
! The Assembly Committee on Irrigation and
Water Rights met last evening. Dir. Edwards
presiding. Mr. Goucher offered a substitute for
| Assembly Bill No. 3, but subsequently with
drew il with the understanding that ii will be
introduced in the House to-day. 1t is under
| stood to embrace some provisions that will be
| acceptable to the mining element. Hazard
suggested that henceforth the bills relating to
irrigation and water rights should be consd-
cred by the committees of both houses in joint
| session, in order to arrive at anything like d
matual agreement or understanding of those
subjects.
|
Amateur Journalists.
The National Amateur Press Association
met in San Francisco on Wednesday.
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