Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-08-05
ASSEMBLY.

At u o'clock the Senate entered the Assembly
chamber Lieutenant Governor Daggett took MS
seat with the Speaker, and the Senators seats
with the Assemblymen.
The Secretary of the Senate called the roll OF
| Senators, IS answering their names
Chief Clerk Ryan called the roll OF Assembly
men, 60 members answering
A quorum of both branches eff the Legislature
being present. the Secretary of the Senate was
directed by the Northumberland to read
Title Il, Chapter l, Revised Statutes United
States-An Act to regulate the time and manner
of holding elections for Senators in Congress, ap
proved July D. 1866.
The Secretaries of the Senate and Assembly
then read as much of their respective Journals
of Tuesday as related TO the election of sue
cesser to the late United States Senator John +.
Miller.
Lieutenant Governor Daggett announced that
from the reading of the journals II appeared
that 81 votes had been cast-necessary to a
choice, As. Hon. \. p. Williams had received
20, Hon. George Hearst "a He then declared
| that Hon. A. p. Williams, having received ma
ority of the votes of both houses, was the choice
of the people of the State OF California foI
United States Senator, to ill the unexpired
term of the late Senator Miller.
At 1920 the minutes of the joint convention
were read and approved.
At 1225 Jordan moved to take recess until
80 2. NJ. Carried.
Afternoon Session.
| The House reconvened at $50 p. NJ. Speaker
Parks in the chair. Quorum present.
Dewitt introduced uleilOTldl lrOul the peO-
pie of Fresno county asking immediate action
upon pending irrigation measures. Referred to
| the Committee upon irrigation.
Britt introduced an Act proposing an amend
ment to the Constitution relative to water and
water rights. 1t was referred to the Committee
upon Constitutional Amendments. The text OF
the bill is as follows:
The right of appropriating to public uses the
waters of any lake, river. stream, canyon or ra-
vine in this State is reserved to the State and
the inhabitants thereof such pubic uses shall
be deemed to include the use of said water for
irrigation mining and manufacturing purposes,
the supplying of any city and county, manu-
featuring town. or the inhabitants of the same
with fresh water and such other purposes rs the
Legislature may by law permit. All persons or
corporations apprOpriating any OF the waters of
this state for any other purposes above men
toned. do so as agents of the state, and as such
are subject to legislative control. ANY right &C
CURED by any appropriation of said waters for
such public uses shall be deemed an interest IN
real property. The common law rule OF ripa-
rian rights. in so far as the same may be incon-
sistent with the right of appropriations of water,
as herein allowed, is hereby forever abolished
in this State
May introduced the following resolution:
ResOired, That it is ineXpedient to take further
action in regard to the charges of David s Terry
against Chief Justice Robert +. Morrison and
Associate Justice John K Sharpstein.
May, in speaking to his resolution, said he
thought further proceedings in the matter of
the charges preferred by David S. Terry against
tultI JUSTICE MbETlSDu lllu ASSOClaIG Justice
Sharpstein should be abandoned. The proceed
ings up to this time are very defective. They
are not clothed with the dignity charges of such
grave character should be. If it is a case of
the washing of Democratic soiled linen let it
go where it properly belongs, to IL Democratic
laundry. 1t win take weeks of time, a large
number OF stenographers, clerks innumerable,
and the expenses of such an examination will
if entered upon. go up into the thousands of
dollars, and the best possible result anticipated,
or that can be expected, is that the whole pro-
ceeding Will end i'll smoke. The press of the
State to which we must listen are solid against
must render an account Of our stewardship. say
stop it," The speaker said all of his cOnstitu-
ents with whom he had conversed regarding
the matter, advised that il be dropped.
Yule said he hoped the resolution would be
adopted. This examination as proposed would
be productive of no good. He was in favor of
Il reorganization OF the Supreme Court lie
thought it needed reorganization, but did not
deem it necessary TO go into this specific inves-
tigation. They had sufficient evidence before
them The inability of the Judges to perform
the duties imposed by virtue of their official DO
sitions We're already well known. A long te-
dious examination would only tend to pile up
evidence upon tact already established would
only hinder the passage of laws necessary tor
the best interests of the State. and for which the
Legislature had assembled
Davis said DR.. May referred to the fact that he
was SWayed by the voice of the press. He for
one was not. He had about as much respect for
latuTe. and Judging from the latter standpoint
his respect for the editors of the average daily
newspaper was small indeed. II there was eX-
listing evil which should be righted, and all ac-
knowedged that there was one, the one under
consideration he for one was going to STAY
there and, 50 far as he could right 1t. He would
be influenced by no press nor constituency
that asked him to swerve from the path of duty
or violate his sworn duty.
Hazard said if we cannot accomplish any
thing, and there IS not member on the floor of
the Assembly who thinks we can, why should
we take up further time in discussing the mat
ter? Why should we take UP the fight of David
S. Terry, and champion the charges he files here
for the qualification of his personal spleen against
the Supreme Court When this matter was first
voted upon i'll this House. some of the members
thought something could be done, but since have
satisfied themselves that nothing in this diree
ton can at this time be accomplished. We
have already been in session two weeks, and
nothing has so far been accomplished in the
line of legislation for which we were called to-
gether. We have been at work. but the election
Of the United States Senator was in
our way. The Grand Army reunion also dis
tracted our attention. but those things are now
numbered with the events of the past. We have
standing in our way now charges against the
Supreme Court. 1t is the only thing be-
tween US and the legislation which the people
are demanding of us. Is il expedent tor us to
remain here for weeks Oily dallying. frittering
away our time? Let us drop these charges at
once and have q wide, clear and open field ior
the consideration of The water question, and
act Immediately upon measures OF vital imDor-
lance to the State. Let US act like men, and not
get the contempt of the state of California
heaped upon our heads hope the resolution
will be adopted.
Firebaugh was in favor OF the adoption of the
resolution. He claimed that this examination
into the charges of imbecility filed agains two
members of the Supreme Bench did not COM
port with the call of the Governor for the extra
session. He was opposed to the Assembly's 60
ing into an investigation Of the charges, first,
fff Nfrra Il.
angainst it, and second, because ii was impoi-
tic.
McGlashan made lengthy reply to Hazard
and Firebaugh's remarks. He SAID the COnstitu-
ton ofthe State provided for it, and made such an
examination obligatory upon the Legislature
whenever charges of this character were filed
by an American citizen. 1t was not because
David s. Terry preferred the charges, but be-
cause they were filed by an American citizen.
He said he longed for the time when there will
be sessions OF the Legislature when the press
shall, as it now attempts, be supreme, and
shall dictate the laws of our commonwea.t til.
He had nothing but contempt for a member of
the Legislature who would get upon the floor of
the House and acknowledge that his vote was
directed by the voice of the press. There is
still another power at work against this measure
greater even than that of the press he referred
to the lawyers. Neither the power of the press
nor the influence of the lawyers should deter
us from following our plain duty. Whether you
rail against David s. Terry, the press or the law
yers, these things are all frivolous Neither is
this a case OF washing dirty linen, but
fair, square proposition, presented in proper
form. The law authorizing and governing such
cases is plain, and, like men, we must meet and
perform, and not shirk, OUR duty The charges
are maze, and they must be met Those who
favor this resolution are not willing to vote for
yindieaIion of those gray haired and honored-
men. The press is yenal, false and corrupt and
its wishes should not always be consulted and
its advice not always accepted. He believed
this examination would result in a complete
vindeatiou OF the Justices
May said he was surprised to hear the gentle
man from across the mountain dwell so elo-
quently upon the rights of an American citizen
He admitted that to be an American citizen was
a grand thing. but in this case he was in favor
of not following up the suggestion, ill-advised,
OF an American citizen. If il was the Ameri-
can eagle. the bird of freedom himself. that pro-
posed such an investigation at this time. under
all the surrounding Influences. he would refnse
the request. and not altogether unlikely would
coop the bird. The examination would last at
least thirty days, and would amount TO nothing
Witnesses woJld be summoned by the hun
dreds. as many on one side as upon the other
and when the committee got through with the
witnesses they would weigh them, and which
ever sidehad the most avoirdupois would be en-
titled to decision. One side would swear that
the Judges were incompetent: that they were
1mbeciles. The other side would swear that
they were in perfect health. of sound mind and
body, the peers, Judicially, OF Marshall.
Gregory said he presumed that az least two
thirds of the members of the Assembly signed
the memorial importuuing Governor Stoneinan
TO call this extra session. One OF the objects
set forth in that petition Yves the reorganization
OF the Supreme Court. Now the first move that
IS made IN that direction the very men who
signed that memorial atisc here and tiy 70 s!iae