Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-07-31
CORRECTION OF TlIE JouRNAL.

in the chair. Roll called and quor ON present
Prayer by the Chaplain. journal of preoedine
day read and approved.
CORRECTION OF THE JOURNAL
Whitney rose and said the complaint made by
D. :. Terry was simply petition OF memorial
and should not have been spread upon the
journal.
Kellogg thought otherwise, and that the com
plant properly belonged in the journal.
The Chair expressed the belief that, under
the provisions of the Constitution, it would no
be necessary for the complaint TO be entered
upon the journal, unless the Judges should bt
removed after full investigation upon charge:
properly fled.
Cross expressed similar views. The Judiciary
Committee had fully considered the subject
and had arrived at the conclusion that an jn
vestigation could not be had until a committee
had inquired into the subject contained in the
memorial of d. 5. Terry, and formal charges, i
any, preferred.
The subject was debated at some length BY
Messrs. Lynch, Mcclure, Kellogg, Boone anC
Days. Finally, Lynch moved that the journal
should be altered so as to show that petition
was presented from d, ). Terry, and a resolu
tion in relation thereto by Senator Baldwin
which latter was referred to the Judiciary Com
mittee. 1t was so ordered.
MEMORIALS AND PETITIONS.
Parkinson, Whitney SAKE, Mcclure, Lynch
Kellogg Foster and Others presented petitions
from citizens of several counties in relation tC
irrigation. Referred.
Cross, from the Committee on Judiciary, sub
mitted the following majority report on the res.
olution asking for an investigation of the com
plaint against two Justices of the Supreme
Court Your Committee on Judiciary have
had under consideration the resolution Offered
by Senator Baldwin concerning the appoint
ment of a committee to investigate the charges
preferred against Chief Justice Morrison and
Associate Justice SharpStein, and do now report
the same back with a substitute, and recon
mend the adoption OF the substitute"
The substitute provides for a committee
of nine Senators to investigate the charges
brought to the notice of the Senate by Senator
Baldwin against two Justices of the Supreme
Court, the committee to report whether, in
Its opinion, the charges have sufficient foun.
dation to warrant any further action (or what
course of actiOn) on the part of the Senate the
committee to have power to send for person,
and papers.
Kellogg, from the same committee, submitted
the following minority report
The undersigned dissents from the report OF
the majority of the Committee on Judiciary
upon the question submitted to the committee
and reports as follows: The question, and, as
understand it, the only question, submitted tC
the committee was this: " Should the Senate ap-
point committee to investigate the charges
preferred and presented by Hon. D. S. Terry to
this Senate against the Chief Justice and one of
the Associate Justices of the Supreme Court and
in accordance with the request contained in the
resolution offered by Senator Baldwin, of San
joaquin p'
To this question answer no, and for the rea-
sons herein set forth. | admit that the charges
Sel IOTtn Ill tHe complaint. rs presented by Mr..
Terry, are specific and sufficient in form. The
section OF the Constitution referred to and the
rules of the Senate are silent as to the manner
of procedure. SO far as can learn no preee-
dent has been established. If none has been
established, one should be at this time. | do
not think that any unveritied charge or charges
or complaint by any citizen or any number OF
citizens should be considered sufficient to au
thorize the Senate to take such action as is con
templated by the resolution referred to- The
complaint should at least be verified to the ex-
tent as IS required in crminsl action in u
Justices Court. Further, / think that in a case
in which an official holding a judicial position
IS sought to be removed from Office by resolu-
ton tine facts or evidence upon which the com
plainant bases the charges in his complaint
should be fully and specifically set forth duly
verified, either in the complaint or in the
papers accompanying the same, so that the
Senators may determine whether the facts
stated would warrant the Senate to proceed to
an investigation.
In my opinion no official should be cited to
appear before the Senate or any committee OF
the Seuate on any charge when might res ut in
his removal from office on any unverifed
charge or compliant and no committee of inves-
tigatiOn should be appointed by the Senate
upon such unverifed charges or GO complaint
Boone raised the point that, under the call of
the Executive the consideration of the whole
matter was beyond the authority of the Senate.
He therefore moved that the matter be resub-
mitted to the committee, that this point might
be considered.
Mcclure explained that the substitute for the
original resolution covered the whole matter
II the committee to be appointed to consider
the matter should find that the Senate had not
power to consider the subject, it would so re-
port.
Cross moved to postpone the whole matter
until Monday next. So ordered.
Lynch, from the committee reported back a
series OF resolutions in relation to salaries OF va
rious attaches. Adopted.
Baldwin offered II resolution appointing Miss
Mollie Skanaker Assistant Engrossing Clerk.
Referred.
Mcclure moved to adjourn until Monday at
, ?. NJ. On call Of the roll the motion was lost
by vote of-ayes 16, noes is.
Boone asked for two days leave Of absence.
Refused by the Senate.
Lowe renewed the motion to adjourn until
Monday at . 7. NJ. LOst-ayes II, noes Is
Parkinson asked for two days leave of ab-
sence. in order to attend to important private
business Granted.
On motion of Cross, the vote by which Sena-
tor Boone was refused two days leave of alb
sence was reconsidered. On call of the roll the
Senate granted the request
Mcclure moved an adjournment until o clock
P. ". on Monday Lost
Spencer asked for two days leave of absence.
Mcclure got the floor and talked to the ques-
ton until the hour of recess arrived.
Afternoon Session.
On reassembling, Mr.. Mcclure moved that the
Senate adjourn until Monday at 2;45. Carried
ayes 20. noes Z.