Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-08-21
CALIFORNIA LEGISLATURE.
EXTRA Observation-Disclosures DAY.
SENATE.

SENATE.
FRIDAY, August %, 1886
The Senate met at IL A; NJ, President Daggetl
in the chair. Roll called and quorum present
PRAYER by the Chaplain. Journal OF preceding
day read and approved
ASSEMBLY MESSAGE.
message was received from the Assembly,
announcing that that body had declined CON
currence in the Senate resolution TO adjourn sine
die at u O'Clock noon on this day.
THE LEGISLATURE PRoRoGUED.
The Governors Private Secretary arrived al
this juncture and announced message from
the Executive proIoguins the Legislature until
September 7th. THE proclamation appears III
the Assembly proceedings
Days moved TO make the message the special
order for 1l:15 4. II.
Kellogg considered that the Senate had moth
ing more to do that the Executive pToclama-
ton al burned the Legislature
The Chair ruled TO the contrary, and Kellogg
appealed from the ruling.
The Chair held that no disagreement between
the two houses to adjourn could take place until
each had exhausted its resources. 1t was for
the two branches OF the Legislature to determine
this question, and not coordinate branch OF
the State government.
under which the action OF the Executive had
been taken. lie then reviewed the proceedings
of the two houses relative TO the question Oh al
iouTnment, and held that newspaper reports
had not conveyed to the Governor the ncceS-
sary official knowledge OF II disagreement to
enable him to proceed in the matter. Parlla-
mentary law requires that committees OF con-
ference be appointed, and, if necessary. free
conference, before a disagreement can be de-
termiued. Then q special committee must
wait upon and inform the Governor that no
agreement can be had, and upon this official
knowledge only can he call into requlsltlon MS
constitutional pTerOgatiye to prorogue the Legis-
lature In this instance no such action had
been TAKEN wherefore the proclamation is
I-pdpr tho nrONiSiOnS of DlTlla-
mentary law neither branch of the Legislature
had exhausted its resources He was in favor
of unfolding the decision OF the Chair. The
point at issue is a question OF parliamentary
law and he repeated that, If q disagreement
really did exist-as contemplated by the Con-
stitution-no official knowledge of that fact had
yet been properly conveyed to the Governor.
The Chair again ruled that the resources OF
the Senate had not been exhausted. and the
Senate Is not yet adjourned.
Kellogg held that the proceedings of each
house. AS shown by the published Journals,
were official documents, and afforded sufficient
ground upon which the Executive might base
his proclamation.
CURED in the Legislature of Illinois in 1868. In
that case Governor Yates issued proclamation
proroguing the Legislature, after the Senate and
Assembly had disagreed upon date for az
jOurnment The two branches proceeded TO
consider business thereafter, but the Governor
refused to recognize them as official bodies,
whereupon the Legislature adjourned IN ae-
cordancc with the terms OF the proclamation.
Mcclure held that no parliamentary law could
be invoked in the matter OF constituting a cues
ton of constitutional law. This would be a
question of fact and the Executive is the judge
thereof. He held that all proceedings taken
since the receipt of the proclamation could have
no legal effect.
Days claimed the floor under prior recogni-
ton by the Chair and claimed that the Senate
was in legal session. and that resolution
which he desired to offer was in order.
Cross said the point at issue was a grave ore
and should be considered calmly and with dig
nifty The objection had been raised that the
TWO branches of the Legislature had not finally
disagreed upon adjournment. This rule, If car
ried out, might result in an interminaole ses-
sion. Either branch could keep the Legisla-
ture in session indefinitely. The constitutional
provision invoked by the Governor was intended
TO meet Just such an emergency. The journal
of either house was conclusive evidence to the
Governor of q disagreement. No further action
had been taken in the matter IN time TO deprive
the Governor of the powerto act In his opinion
there was then no session OF the Senate. In
staying here and seeking to override coordinate
branch of the Government the Senate was set
ting itself above the law. He regretted that
such an emergency had arisen, as he believed
that no good could come from having the Legis-
lature prorOgued. But that was matter OF
which the Executive must be the judge. While,
under the circumstances, II might be q stretch OF
power, he believed the best thing to do would
be for the Senate to instruct the Chair TO de-
clare that body adjourned. This would relieve
The hO1r OF Il O'Clock II. having arrived, KEEL
logg raised the point of order that the Senate
stands adjourned under the terms of the resolu-
ton adopted yesterday.
The Chair decided the point of order not well
taken, as the concurrent resolution had been re
jected by the Assembly.
Days denounced the action of the Governor
rs the most high-handed piece Of despotism that
had been known since the time that Cromwell
dispersed the British Parliament. For this and
similar remarks he was repeatedly called to Or
der by the Chair.
the bar OF the Senate and required TO explain
why he persisted in disobeying the orders Of
the presiding officer by the use of undgnified
and unparliamentary language.
johnson of SonOmh thought the question at
issue not q difficult one to solve. To his mind
quires the Executive to do a certain thing III a
particular emergency, and the Legislature has
nothing to say i'll the matter. 1t is power dele
gated TO the Governor, and We cannot obstruct
that power 1t is for the Governor to determine
when the two branches of the Legislature had
fliled to agree upon Il question OF adjournment.
Anything the senate might now do would be
null and void for the Legislature is no longerin
session.
Taylor claimed that the Governors proclama-
ton was premature, as he had had 10 official
information of disagreement.
Del Vale denied that the Senate had official
knowledge of any action by the Assembly on
the Senate resolution to adjourn to-day sine die.
Until the Assembly message now on the desk
should be taken up and considered the Senate
had J. knowledge of the ASSembys DISPOSE
ton OF that resolution. Hence, how can a dis
agreement be shown? He argued at length
against the right or plerogative of the Execu-
prorogue the Legislature.
Recess till > p II.