The record-union., 1893-02-18
Senator Goucher Presents a
Minority Report On
THE RAILROAD COMMISSION.
lie Suggests that the Question be
Submitted to the People.
A PISTOL DRAWN IN THE LOBBY.
A Fresno MahOnteHt Elected from The Sen
ate Chanber---A Fight and
an Arrest
A PISTOL DRAWN IN THE LOBBY.

and gallery of the Senate yesterday morn
ing in anticipation of big debate on the
Railroad Commissioners.
The concurrent resolution proposing
the removal of the Commissioners on the
ground of dereliction of duty, and the re,
port of the special committee of the Sen.
ate against the Commissioners, had been
set down as special order, to be taken
up Immediately after the reading of tht
journal, and it was supposed that the
speeches would consume the entire day
But when the matter was called up
Senator Goucher moved that it be laid
over until Monday. The testimony in
the case had not yet been printed, he said
and he thought the Senators should have
an opportunity to read it before being
called upon to take action.
Senator Ostrom was loaded with q
speech against the Commissioners, and
did not like to lose The opportunity to de-
liver it. He took the floor, and in oppos-
ing the motion for delay spoke his little
piece. The Senator has spoken before on
this subject, so the stand ne took was not
a surprise. He declared that every Sem
ator on the floor, and every person in the
State, was posted on the Railroad Com
missioner matter, and he thought the
board should be "tired' unceremoni-
Ously. He insisted that an immediate
vote should be taken and the matter dis
posed of finally.
GoUCHER's REToRT.
This speech brought Senator Goucher
to his feet again with caustic reply. lie
cold
ready to deliver a speech on a subject
calculated to catch the popular ear
whether good or bad-people who were
waited by every little breeze of public
sentiment. Their object was too obvious,
he said, and he did not think they at
tracted much attention. What had the
Senate employed Il steuographer to take
down the testimony for. if it was not to
give the Senators a chance to read the
evidence and form an idea as to the merits
of the case? Was the Senate going to sit
as 4 jury and pronounce judgment with
cut hearing any evidence? The States
money had been voted away to have the
testimony printed, and nobody could
deny that in doing so the Senators vino
voted for that proposition did so in good
faith, and under the belief that the testi-
timony was 10 be of some service to
them. Senator Ostrom, he declared. had
undoubtedly made up his mind, and did
not want to read any evidence, but this
was no reason why the others should be
forced to vote. He was in favor of let
ting Ostrom cast his vote now if he so
desired, but he would ask that the re-
mainder of the Senate be permitted to
read the evidence first.
After some further talk by several OF
the Senators it was agreed to take up the
case of the Railroad Commissioners next
Wednesday afternoon.
FOR THE COMMISSIONERS.
Senator Goucher, who was a member
of the special investigating committee.
but who declined to sign either the ma
jority or minority reports OF the commit
tee, then submitted report of his own.
In the report the Senator says: 81 have
not signed either of the reports that have
been presented by the special committee
appointed to investigate the affairs of the
railroad Commission. In the first place,
! positively assert that 1 do not
know anything in regard to the de-
ANAAAo DNSS'SeeAy ~ EANlAAC plODtL
schedule of freights by which the
railroads of the state shall be gov
erned, and l do not believe single one
of my colleagues on the committee oc-
cupy any different position in that regard.
To arrive ut just conclusion III regard to
a matter of that kind requires the study
OF a lifetime, and the man TO properly
handle the intricacies of the situation
must have received his education in rail-
road matters, so TO speak, from the ground
up. 1t requires great intelligence, years
OF practice. thorough association with
the multifarious demands which an en-
terprise of that nature entails, and no
man, unless he possesses the proper quail
ifications to enable him to deal Justly
with the people in connection with those
duties which are imposed upon a Rail-
road Commission, should undertake to
Judge as between the people and those
commissioners. The report of a majority
of nv colleagues is to the effect that one
of the Commissioners has been adiudged
10 be derelict in duty and incompetent,
while the other two are condemned for
incompetency.
INCOMPETENCY DEFINED.
''Incompetency is question as to the
degree OF ones ability to perform any
duty. Incompetence may arise from in
ability to perform, not from any laches
ON the part of the Commissioner, but
from the difficulty of meeting surround
ing circumstances, and right here, de-
sire to say, one of the Commissioners has
been adjudged derelict in his duty and
incompetent TO perform it properly, and
yet this same Commissioner has been in
Office six years. For four years he per-
formed the duties OF a Railroad Commits
sioner. representing the people OF very
large district of the State, who, if he has
been guilty of marked dereliction OF duty
ana given evidence OF gross incompe-
tency, never would have reelected him
TO the same position which they did two
years ago and by most decided major
ity. They had four years of time in