The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1891-02-03
ASSEMBLY.

House met at 2 p. NJ, Speaker COMBS
in the chair. Roll called; quorum present;
prayer by the chaplain; journal of yes
terday approved.
PETITIONS.
By Mr.. Culyer-From Common Coun-
ell of City Of Oakland in.opposition to the
bill of Senator Maher, Increasing the
police force of cities, and requesting that
Ii the bill be passed, the class of cities to
Which Oakland belongs be excluded from
its operations.
Also, from prominent citizens of Oak
land, that the Alameda delegation sup
port the electric street railway bill.
Also, a resolution of the Common Coun-
ell of Oakland, making the same request
of the Alameda delegation.
RAILROAD COMMISSION.
Mr.. Shanahan moved that the special
ORDER for 3 o'clock-the Assembly Con-
stHutional Amendment abolishing the
RallroadCommission-- be made the special
order for Thursday at p. NJ. Agreed to.
CAMPBELL VS.. EAKLE.
Mr.. Martin presented minority re-
port in favor or the respondent, Eakle.
Mr.. Shanahan moved that the minor
ity report be substituted for the major
ity report, and asked that members
carefully and dispassionately consider
the facts in the case. Colusa county usu-
ally gave q Democratic majority of l, 600,
and certainly something extraordinary
must have taken place to legally overturn
it and secure the election of u Republican.
Previous to the election Stephen NJ White
had written him expressing a belief that
the majority of the present Legislature
would be of such political complexion as
to assure his election as United States
Senator; and had added, referring to
Coiusa county, that he was assured Camp
bell would vote for him if successful.
Mr.. Bledsoe here objected to Mr.. Shan
ahan giving testimony, but was ruled out
of order.
Mr.. Shanahan, continuing, urged that
Republican members of the House be not
swayed by partisan feeling. He remem-
bared that two years ago Senators Sprague
and Banks, both Republicans, were al
lowed their seats, though contested, by a
Democratic Senate; ard when the Repub-
licans in the Assembly considered all the
circumstances they should act in this
case as the Senate had done then in those
cases. There was a large floating and
transient population in Colusa county,
and at the time of the election there was
big irrigation project in operation near
Willows which attracted mum bers of that
class. The officers of election there did
not know those men; could not be eX-
pected to. He believed the officers of
election were honest and honorable men,
and their word ought to be taken in pref
erence to these men who had testified
against them. The evidence failed to
show, and in fact no one intimated, that
Eakle or his friends had bought votes,
and the claim that the election returns
had been in any manner doctored in his
favor was absolutely disproved.
Mr.. Shanahan then read from the evil
dence adduced before the committee to
show that votes had been bought, or at
tempted to be bought, for Campbell,
without intimating, however, that Camp
bell himself had any hand in it or knowl-
edge fit. He said that in 1888 Campbell
was elected to this same office, and at that
time received almost the same majority at
Willows that Eallle received there at the
last election, and that the reason OF Camp
bell receiving that vote in 1883 was be-
cause his Democratic opponent then was
opposed to county division. He asked
members to remember that
fact. When Campbell took his seat in
the Assembly at the last session he voted
against county division, and thereby out
ragged the sentiment of the northern por-
ton of Colusa, and that was why he was
at the last election SO badly beaten at
Willows. 1t was but the natural order of
things, but what might have been ex-
pected, that he would be defeated there.
In conclusion, he repeated that if Eakle
was as fairly treated now as Senators
Sprague and Banks were two years ago,
he would be retained in his seat. Ali
doubts should be resolved in his favor.
Mr.. Bledsoe replied to Mr. Shanahan,
reading coplously from the testimony,
the substance of which has been hereto
fore published.
Mr.. Clark followed on the same side
Mr.. Martin spoke in defense of the mi
nority report.
Mr. Bruner said he did not think Re-
publican candidates for the Legislature
who pledged themselves, if elected, to
vote for a Democrat for United States
Senator, and taking all the circumstances
into consideration, he should vote for
the motion to substitute the minority re-
port.
Mr.. Matlock thought the only question
for members to consider was who had re-
ceived the largest number of votes, and
the evidence clearly showed that Camp
bell had; therefore he was entitled to his
seat, and he should so vote.
A lengthy discussion followed, partic-
ipated in by Galbraith, Barnard, Lacey,
Hail and others. The fact that the evil
dence given on behalf of the respondent
shows that the contestant had agreed to
vote for Democratic United States Sem
ator. if elected, in case there was tie in
the Legislature, had much stress laid on
it by number of Republican members,
and, taken in connection with proven at
tempts to purchase votes for Campbell,
seemed to influence them in favor of the
respondent, Notwithstanding the show
ing made by the contestant of Illegal votes
cast for Eakle at Willows.
Mr.. Lacey stated that ne had received
note from Mr.. Campbell saying he had
not promised to vote for Stephen NJ,
White for United States Senator if
elected.
Mr.. Shanahan reiterated what Mr..
White had written him in that regard,
and said the t3lusa Sun had stated the
same thing at the time of the election
On motion of Mr.. Shanahan, call of
the House was ordered. The roll was
called and all but nine answered to their
names. But two OF the nine being absent
without leave, on motion of Mr.. Shana-
han, further proceedings under the call
were dispensed with.
The roll was then called on the motion
to substitute the minority for the major
ity report with thu following result:
Ayes = Alexander, Ames,, Arms,
Beecher, Brown, Bruner, Culver, Cum
Daily, Dennis, Dibble. Doty.
Dow, Dunn, Burner, Estey, Fowler,
Freeman, Galbraith, Carver. Glynn,
Could, Hail, Hartoe, Hawley, Hayes,
Jersey, Hooking, johnson, Jackson,
Jones, Lacey, Low, Marion, Martin,
Mathews, Mordecai, Thurman, Renfro,
Rice, Robertson, Shanahan, Smith of
Orange, Stabler, Sturtevant, Tennis.
FULLY, Wentworth, Windrow, Young
so.
Noes-Barnard, Barnett of Sonoma.
Bert, Bledsoe, Bryant, Car
gill, Clark, Gordon, Hunewell, kellogg,
Lynch, Matlocl1, Murphy, Phillips,
Smith of Butte, Weston, Mr.. Speaker-l9.
Mr.. Barnard changed his vote from no
to aye and gave notice of motion TO re-
consider.
Mr.. Barnett, of San Francisco, was ex-
eused from voting, he stating that he had
declared in committee, and was still of
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