The record-union., 1893-01-27
WITHOUT A HEARING.
The Assembly Votes to Gust the
Railroad Commissioners.
A BIG CHANCE FOR RECORDS.
A Whole Day Consumed in Bun
conbe and DenagOgy.
LEEDS FALLACIES SHOWN Up.
Some Plain Facts and Figures On The
Railroad Tax QueStion-The
Irrigation Problem.

After debate of over four hours, the
Assembly yesterday voted by a large ma
jority in favor of decapitating the gentle
men who are acting as State Railroad
Commissioners.
Some two weeks ago Mr.. Schlesinger OF
San Francisco offered a resolution that the
official acts Of the Railroad Commission
ers be investigated, setting forth that it
was alleged they had failed to do their
duty.
The resolution was referred to the Com
mittee on Constitutional Amendments,
which reported back a substitute provid-
ing that the Railroad Commissioners be
summarily turned out of Office without
hearing. The resolution was made a
special order for IL o'clock yesterday
morning.
Previous to the consideration of the
resolution, Speaker Gould announced the
receipt OF a letter from James Rea, Presi-
dent of the Railroad Commission, which
he said he would not insult the House by
reading. If any member of the Assembly,
however, desired to read it he could OBJ
tain the letter by calling on the Speaker.
Mr.. Afford spoke in favor Of the adop-
ton of the resolution and wanted the
members Of the Legislature placed on
record.
Mr.. Miller of Alameda opposed the
adoption of the resolution. He said there
was no member of the Legislature more
willing to have all the acts of the Rail
road Commission investigated than him
self But he did not believe it fair nor
just to impeach the Commissioners with
out their testimony being heard He
asked what jurist would be willing to
convict man on mere heresay or street
rumor; justice should be done them. He
was not in favor Of the Railroad Commits
. sion nor against it; his vote was his own
and he proposed to vote as his conscience
dictated.
Finlayson expressed himself as not be-
ing desirous of addressing the galleries
nor the press. He thought it unwise, i'm
polite and inexpedient to give the Rail
road Commissioners a hearing-if they
are entitled to hearing at all. The Con-
stitution, he said, provides that the Com
missioners may be removed, without an
examination, for dereliction of duty.
An amendment TO hesubstitute resolu-
ton was offered by Mr.. Kahn, that the
Governor be requested not to fill the
vacancy created by the passage of the
resolution until the people of the State
should have had an opportunity of vot-
ing upon the repeal of the sections of the
Constitution relating to said Railroad
Commission.
Schlesinger and Simpson thought it
great discOurtesy to the Governor to re-
quest him not to perform a duty which
would be incumbent upon him. They
hoped the amendment would be unani-
mOusly voted down. Speaker Gould also
though such course would be an act OF
discourtesy.
81 am opposed to all commissions -
said Kahn, they are q needless burden to
the State. I believe the sentiment of the
people all over the State is to abolish the
Railroad Commission.
Shanahan was very eager to have the
Commissioners removed from their Offices
without an investigation.
Wade followed: "In relation to the
amendment offered by Mr.. Kahn" he
said, ''it is the plain constitutional duty
of the Governor to fill such a vacancy as
would be created" He had no idea but
what the Governor would perform the
full duty required of him and appoint
Commissioners to succeed those now in
office. To summarily depose from Office
the Commissioners was not considered
during the last campaign, and he asked
that action be deferred until the people
have an opportunity to vote on the con-
stituuonal amendment at the next cleo
ton abolishing the Railroad Commission.
Mathews of Tehama was warmed uu
over the letter received from Rea. He
could see no 1mpropriety in the amend
ment. He said it was mis- intention when
the Committee on Corporations reported
back the substitute resolution to vote
against it. But during the interval which
had elapsed the Railroad Commissioners
had furnished him with information that
they were unfit to hold the Office. He
then read an extract from the letter OF
Rea written to Speaker Gould, rejecting
on the members of the Assembly. After
the reading of the extract Mr.. Mathews
said he was in favor Of peremptorily re-
moving the present Commissioners.
Simpson expressed himself to the same
effect as Mathews. Vann wanted the
whole letter read, but his request was
ruled out OF order.
Mr.. Duckworth was opposed to the
adoption OF the substitute He did not
believe it the province Of the Assembly
to suggest to the Governor how he should
discharge his duty. MIR. Duckworth said
be was opposed to the Legislature taking
any action to oust the Commissioners
until the people OF the State authorized
such action. Give them a chance, h6
said, to vote on the constitutional amend
ment, and then if they decide 10 abolish
the commission, the Legislature can de.
clare the office vacant. II is presump-
tious to declare the Office vacant without
their consent.
Carlson Of San Diego spoke against The
amendment, and incidentally took occa.
sion to characterize the resolution as un-
;ust and malicious in intent. 81 do no