Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-07-21
home AND ABROAD.
MAiL.SERyICE IN WYOMING AND
NEBRASKA.
Congress to Adjourn Next Wednes-
day-Destitution Among Indians
Train Wreckers Arrested.
IsrzcIAL DISPATCHES TO THE REcoRD-uN1oN.l
DOMESTIC NEWS.
Senator stanford's Views In Relation to
-

DOMESTIC NEWS.
Senator Stanford's Views In Relation to
Successor to Hearst.
WASHINGTON, July 20th.-The proclama-
ton OF Governor Stoneman, conYening the
California Legislature in extra session, Ue-
ginning to-day, has provoked considerable
discussion as to the right of the Legislature
TO elect United States Senator to fill the
vacancy occasioned by the death of Senator
Miller and now filled by Senator Hearst, by
reason of appointment by Governor Stone
| man. The Constitution of California pro-
yides that when the Legislature of the State
| is convened on extraordinary occasions, it
shall have no power to legislate on any
| subjects other than those specified in the
| proclamation of the Governor calling such
extra session. Article of Section of the
Constitution of the United States, relating
| TO the Senate, says:
If vacancies happen, by resignation or
| otherwise, during recess of the Legisla-
| ture of any State, the Executive thereof
| may make temporary appointments until
| the next meeting of the Legislature, which
shall then fill such vacancies"
Section 16 of the Revised Statutes of the
| United States provides:
Whenever on the meeting of the Leg
| islature of any State, vacancy exists in the
representation of such State in the Senate,
| the Legislature shall proceed on the second
| Tuesday after the meeting and organization
| to fill such vacancy in the manner pre-
scribed in the preceding section for the
| election of a Senator for the full term"
Section Is of the Revised Statutes says
1t shall be.the duty Of the Executive of
the State from which any Senator has been
chosen, 10 certify his election under the
seal of the State to the President of the
Senate of the United States"
Governor Stoneman has called an extra
session of the California Legislature, which
convenes to-day. The election OF Sena-
tor is not included in the Governors pro-
clamation. The question is whether, not
withstanding this fact, it will not be the
duty of the Legislature to proceed and
elect a Senator. The Senate is judge of the
qualifications of its own members, and in
| all cases in which there has been conflict
between the Constitution of State and
| that of the United States, decisions have
been in accordance with the latter.
Senator Stanford says he had no doubt
that it would be the duty of the California
Legislature convened in extra session to
elect a successor to Mr.. Hearst. He be-
| lieved that the Constitution and Revised
Statutes of the United States would admit
of no other action by that body, and
neglect of it would be clear violation of
these requirements. He also said the most
prominent Republican candidates would
be NJ. NJ. Estee, Ex-Governor Perkins and
ex-senator Sargent.
Representative McKenna said thar while
the Constitution of the State provides that
at special session the Legislature should
have no power to act upon matters not set
! forth in the proclamation, the election of a
Senator was not legislative act, and both
the Constitution of the United States and
the statutes of Congress required that a
successor to Mr.. Hearst be chosen, now
that the Legislature is in session. Repre-
sentative Henley expressed similar views.
He said he had given some attention to the
legal points involved, and he was clearly
of the opinion that it would be incumbent
upon the Legislature to chose Senator at
| this extra session.
Congressman Morrow holds the same
opinion. He said he thought the duty of
the Legislature in the premises was clear,
the State Constitution TO the contrary not
withstanding. He cited the case of Mr..
Cullom, of Illinois, who was elected Sena-
tor while Governor, which is prohibited by
the Constitution of Illinois. But as the
United States Constitution contains no such
restriction the Senate held his election to
be perfectly valid. Mr.. Hearst's paper has
been one of the strongest advocates of the
extra session. 1t would be a curious coin
cidence if the session which his paper has
urged the Governor to call, should result
in his being ousted from the seat he holds
in the Senate.
Destitute Indians Growing Desperate.
ST. PAUL. July 20th.- By invitation,
Bishop Whipple this morning addressed
the ST. Paul Chamber of Commerce in be-
Iolf Df ha In OF | oh nd
Winnebago City, northern Minnesota. in
1880 it was thought necessary to build res
ervoirs at the headwaters of the Mississippi
river, and after Congress had passed the
law the Attorney Generals opinion was So
licited, and in his opinion he declared the
Government had no authority to overflow
lands belonging to the Indians, or to take
material from them Notwithstanding this
opinion, dams have been erected, their an
nuities have expired. their crops of wild
rice and sugar and their supply of fish have
been completely destroyed, and they have
no means of subsistence. The Indians are
in want now, and are growing desperate
Through the efforts of their friends they
have been so far peaceable, but during the
winter no one need be surprised if the Gov
ernment works are ruined by men made
desperate by hunger and want. The
Bishop, in visiting the country, met party
of Leech Lake Indians starting fresh fires
between Cass lake and Red lake. He in
quired of the Indians what it was for, and
was told it was in retaliation, doing to
white people what white people had done
to them = destroying their property.
Whether the Chamber voted to use their
endeavors toward influencing the Govern
ment to right the wrongs done the Indians
is not known.
Storms in the East.
CHICAGO, July 20th.-A severe wind, rain
and hail storm began last evening near
Pine Bluff, Wyoming, extending six miles
east and two miles west of that place. 1t
blew down thirty telegraph poles, caused
washout on the Union Pacific track and
unroofed several houses, but hurt no per-
sons. Both wires and road are in working
order to-day.
THE STORM IN NEBRASKA.
MINDEN, July 20th.-The storm in this
county was very severe. There was heavy
rainfall. The wind blew down the Danish
church, three miles south of Fredericks-
burg, and killed an old lady. Nine miles
south of Minden lightning struck a house.
killing German farmer, his son, about II
years old, and daughter, IA years old,
instantly, and severely injured another
child.
Road Agents in the Northwest.
ST. PAUL, July 20th.-A Pioneer Press
special says: At noon Saturday six
mounted and masked highwaymen robbed
her Majesty's mail coach twenty-five
miles south of Humboidt Station, Mimi,
obtaining $1,000 from the mail bags. The
coach left Quallep. Manitoba, Friday. tits
reported the driver was killed. The coach
contained two passengers. Montana road
agents are charged with the robbery. The
country is being secured.
Wants TO Try 1t Again.
NIAGARA FALLS, July 10Th -Graham's
passage through the whirlpool rapids has
convinced him that his nerve for second
trip in August will not be so great. The
current is more dangerous than he i'm
agined. He is planning to build new
barrel in which to go over the Horseshoe
fails- He will send barrels over daily for
a month, and if two-thirds come out all
right he will make the attempt. My
present barrel would kill me in such
fall, he says.
Killed and Injured by Lightning.
ST. PAUL, July 20th.-A ST. Hilaire,
MINI. special to the Pioneer Press says: !:
During violent storm yesterday afternoon,
five Indians were killed and ten others in
iured by lightning on the Red Lake Reser
walton. 1t is thought that some of the in
iurad will 1fa so nj al bof