The record-union., 1891-01-24
Afternoon Session.

recess. e,-,F
Afternoon Session.
House re-assembled; Speaker in the
chair. Roll called; quorum present.
Mr. Dibble moved that the only order
of business tomorrow as to reading of
bills, should be the first reading, as many
members would be absent Adopted.
BILLS INTRODUCED.
\ By Mr.. Brusie-To amend the Code of
Civil Procedure, concerning attachments.
Judiciary.
BY Mr.. Cargill (by request
ing Section 2644 of Political Code relative
to bond and oath of Road OverseerS.
Amending Section 2642 of same code rel
ative to appointment of Road Oyerseers.
Amending Section 2645 OF same code
alive to duties Of Road Overseers.
Amending Section 2646 of same code rel
ative TO awarding contracts for maintain
ing roads. Amending Subdivision of
Section % of County Government Act
relative to public roads. Roads and
Highways.
sBy Mr: Dibble (fve bills by request of
Clerk of Supreme Court = Amending
Section 23l4 OF Political Code relative to
duties OF Librarian OF Supreme Court.
Amending Sections 265 and 266 Of same
code relative to Secretary, Bailiff, and
Librarian of Supreme Court. Amend
ing Section 739 of same code relative to
salaries OF officers of Supreme Court.
Judiciary.
d Providing for deficiency in appropria-
ton for expenses of Supreme Court for
fortieth fiscal year. Providing for def
ciency in appropriation for expenses of
Supreme Court. Ways and Means.
BY Mr.. Rentro-Relative to paying ju-
rorS in criminal cases. Judiciary.
by Mr.. Weston-Maling appropriation
for erection OF monument in Golden Gate
Park to the memory of General Vallejo.
Public Buildings.
by Mr.. Steltz-For relief of John o.
Conlon. Claims.
vBy Mr.. Lowe-To amend Section 244 of
Civil Code relative to the adoption of
children. Judiciary.
Special ORDERS.
Assembly Constitutional Amendment
No. Passed on file.
Assembly Constitutional Amendment
No. 5-Passed until Monday.
CAMPBELL VS.. EAIlLE.
By Mr.. Bruner:
ResoEred, That the Committee on Elections
and Privileges are hereby instructed to make
to the House Monday, January 26th
their report in the contested election case of
Campbell Vs. EalSle.
Mr.. Bruner-On the first day of the
session the papers in this case were pre-
sented to the House. 1t is now the 23d
day of January, and bat one sitting of
case has been held, and that was last
night. If Campbell is entitled to his
seat he is entitled to it from the begin
ming OF the session, or as soon as his con-
test can be acted upon. If he is not en-
titled to it, he is at least entitled to knowl-
edge of the fact. And if this committee
is not able to report at the time named in
the resolution, / propose then to move
that the House resolve itself into Com
mittee of the Whole and examine the
testimony and decide the question. [Ap-
plause.
Mr.. Barnett of San Francisco-The
committee have had three meetings ON
the case instead of one.l The taking of
testimony was postponed until last even
ing, When the committee started in on it
and continued until half past ten. An
adjournment was then had until Tues
day evening next, when it was decided to
continue on the case all night if necessary.
The resolution seems to me unjust to the
committee, which is trying to do the best
it possibly can. AS Chairman of it, as
sure you | shall try to finish the case
as soon as possible.
Mr.. Bledsoe-As one of the committee
/ desire to set myself right before the
House. do not know why the case was
not taken up by the committee at the be-
ginning OF the session, but presume the
Chairman had a reasonable excuse for not
doing SO. There are 300 pages of printed
testimony in the case, to the reading of
so of which the committee listened last
night. do not believe it possible for the
committee to report by next Monday.
The attorney for the respondent in the
case stated that he intended to introduce
oral testimony after the printed evidence
had been read.
Mr.. Shanahan-I do not know as I am
privileged to say anything concerning
what the majority should do in the matter
of this contested election. But | know
that in times past the fullest and freest
hearing was always given by the Legisla-
ture in such cases. Two years since,
when the Democracy had nothing like the
majority the Republicans now have here,
and when there might have been some
partisan reason to influence them, no
election contest was reported back until
within two weeks of final adjournment
1t was the same at the preceding session.
L do not say that such delay is al
ways right. but the trouble is that the
session is limited to sixty days, and with
the multiplicity of duties imposed upon
members, the majority of whom belong
to several committees, and the difficulty
of speedily obtaining the attendance of
the witnesses, it is difficult to avoid it. /
believe IN being fair in the present case,
as in all others, and to compel this COM
mittee to report on Monday next without
any opportunity worth mentioning to ar
rive at a determination, would certainly
be very arbitrary. The only opportunity
the respondent can have to produce testi-
mony in support of his side of the case is
before the committee, and if the resolu-
ton be adopted it shuts him completely
Off.
Mr.. Clark-I am memberiinot only of
the Committee on Elections, but of sew
eral other committees, and my duties
upon them have necessitated my presence
with some one or more every night ex-
ceptlng Sundays. So far as the Commit
tee on Elections is concerned, believe in
giving any one, no matter what his polit-
ical party, who comes before it, every
opportunity to present every fact tending
to establish his right to the seat he claims.
Both Mr.. Campbell and Mr.. Eakle are
honorable and upright gentlemen, and
he thought just and right. Last night the
committee sat considering the case until
Mr.. Campbell himself was willing to
quit. 1t was the sense of the committee,
with the exception of DIR. Martin, to have
an all-night session; but the attorney for
Campbell said he was exhausted by read
ing nearly 100 pages of testimony, and
that he did not feel like going on any
longer. Now / protest against any at
tempt to force action without the fullest
investigation. do not believe Mr.. Camp
bell himself would desire it. / think the
committee has acted so far as promptly as
it could.
Mr.. Martin-As my name has been
mentioned / feel under obligation to oc-
cupy the attention of the House a few
minutes. / am unfortunately situated
An old friend of mine, when he learned
of my election, as an act OF friendship,
without consulting me, selected this seat
for me. I had no idea that would thus
be placed in an electric current, the posi-