The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1893-02-18
GOOD Mr.. GOUCHER.
Fearful That Injustice May
Be Done.
HE SUBMITS HIS REPORT.
Senator SeaweII Argues for the Full
Payment of the Railroad
Back Taxes.
E SUBMITS HIS REPORT.
Special to THE MORNING CALL

ing the three haIlIOdQ NOlAAAilSS NNeS
not acted upon to-day. 1t was made
special order for Immediately alter relicali
this morning, but at that time Goucher
moved that action upon the resolution be
DELAYED until Monday. he gave as reason
for the delay that the testimony had notyet
been printed, and he was not in favor of
bringing the matter to an issue until the
testimony was before every member in
printed shape.
Dunn suggested Tuesday as better day
for fixing it.
Ostrom opposed all delay and favored
immediateIactioD, for it was in accord with
the wishes OF the people.
Goucher scored Ostrom severely 10 bis
reply. He said he himself was no shuttle
cock, and he did not believe the majority of
the members of the Senate were The
Legislature would not adjourn before next
Tuesday and the matter could be considered
at that time He wanted to know for what
end the Senate had provided a sten0graDher
for the special committee if it was not the
purpose Of reproducing the testimony so
that the members could read It. OSirom
had not raised his voice against the expense
of stenoRrapher. and yet now before the
evidence could be put in shape so that it
could be read he was calling for the adop-
lion OF the resolution.
There was but little opposition to the
matter going over till next Tuesday. and it
was made q special order for that day at
so o'clock.
Shortly after this question had been set
tied Senator Goucher. who was member
of tile special committee, fled. minority
report. which was as follows:
ar Presfdent-I have not signed eitherIoI the
reports that have been presented by lie special
committee appointed 10 investigate the affairs Of
the Railroad Commission. In the first place,
positively assert that l do not know anything IN
regard TO The details necessary to prepare a
pTOuer schedule of freishts by which the rail-
roads OF he STATE shall be governed, and do not
believe a single one Of my colleagues on the CON-
mittee occupies any different position in that
regard. To arrive at a just conclusion IN regard
10 matter OF that kind 4 quires The study OF
lifetime, and be man TO properly b sdla the in
tTlcaces Of tie situation must have received his
education in railroad matters. so to speak, from
the grounc up II requires great Intelligence,
years Of practice, thorough association with
the mutlisrious demands which an enterprise OF
that nature entails, and no man, unless lie pos
sesses the proper qualifications 10 enable him to
deal justly with the people In connection with
those duties which are imposed upon "a railroad
commission should undertake TO Ndge as be-
tween The people and those Commissioners.
Tie report OF majority Of my colleagues Is to
the effect that one OF the Commits SOners has
been adjudged to be deTeIiet IN duty and lncom-
petent. While the other TWO are condemned for
incompeteney. lneOmpetency is a ques ion as
20 the degree OF ones ability 10 perform any
duty. Ineompetency may arise from inability to
perform, not from any aches on the part OF The
Commissioner, but from the difficulty OF meeting
surrounding circumstances; and right here /
desire 10 say that one Of the Commissioners has
been adjudged derelict in his duty and lncOmpe-
tent TO pc form il properly, and vet this same
Commissioner has been IL Office six years. For
four years lie performed the duties of Railroad
Commissioner, representing the people of a very
large district Of The State, who, il he had been
gully OF marked deTeiietlOn Of duty aud given
evidence OF gross incompetency, never would
have reelected him TO the same position. which
thy did TWO years ago, and by most decided
majority They had four years OF time in which
10 experience tbs justice or injustice OF bis sc-
tlon as a Railroad Commissioner. and that they
were entirely satisfied that he was just and up
right il the performance Of his duty MS re-
election is ia evidence.
Besides that inCompe ,eney which springs from
lack Of ability there is another kind OF iucOm-
potency which may arise from restraints or i'm.
proper influences resting upon the public officer
but no evidence has been adduced tending 10
show anything corrupt among the Commissions
ers. There may be a belief widespread 10 the
effect that such influences are upon Them, or
upon some Of them, but neither this cOmmitt-e
nor the Senate can be justified In pTOhouncIng
such neompeteney on mere suspicious or beliefs
not founded upon testimony, and hence / dismiss
from further eOnsde alton this branch OF the
investigation.
AS to whether tie Commissioners exercise
their fun powers under the constitution IS
probably matter for discussion but do not
believe the Commissioners have exhausted their
vat he -,guFYr rf,rfa
applies 10 nearly all pubic officers. Ia dealing
with matter OF such vast Importance to The
people Of the State, my judgment Is that experts
on the proposition advanced should be The ones
10 make Inquiry as 10 The details leading up TO
proper conclusion. cannot consent to eOudemn
them and deprive them Of their official position
upon what has been sddueed by the special
committee appointed by the Senate TO investigate
the Railroad Commissioners. Without a more
explicit and decided presentation OF facts | must
dissent and emphatieally so. from the report
presented by majority OF my colleagues on the
committee, and therefore / recommend that the
resolutions be not adopted aud that the ques-
lion be relegated to the people at the next cleo.
tiOB
During the afternoon session of the Sem
ate, Goucher rose to question of privilege.
He said that there was man in tue lobby
Of the Senate who had been calling him
liar and using other language about him
that was not pleasing TO the ear, so he
wanted him removed from the Senate CHAM
Der. The name of the individual he said
was Charles Lee.
Lee was present while Goucher was
speaking, and when the Senator had con-
Guided the seTgeant-at-arms touched Lee Cd
the arm and asked him to leave the room.
Lee walked cut.
For some time past slogging, prizefght-
ing fellow, known as Young Dutchy, has
apparently been acting as a bodyguard
to GOucher. Dutchy also left the chamber
close upon the heels of Lee. The latter
was not in the most amiable frame Of mind
after receiving GOueher's rebu ke, and he
walked out into the corridor mumblng
some hard things about the Fresno Senator.
Dutchy overheard his remarks, and in re.
senting them the pair engaged in fislic bat.
tie. AS the slogger was likely 10 get the
best of this encounter Lee pulled pistol.
but before it could be used the crowd
rushed in and separated the men. Up to
the present writing there has been no re-
sumption Of the battle.
Lee tonight obtained leave from the Po-
lice Commissioners to carry a weapon. 1t
is said he has been haunting the hotels ex
pecting to meet Goucher and further trou-
BILE. perhaps bloodshed. is feared.
The fact that Lee was arrested to-day and
had already drawn a pigtol has caused Sc
we're criticism on the act Of the Police Com
misSeners in giving him permission to 20
armed.
Senator Dunn was very angry to-day
when he learned that his attitude on the
Railroad Commission matter, as given ex-
preston TO by him In the caucus yesterday,
should have reached the public ear What
be did say was that he would not pledge
himself to vote To throw all three of the
Commissioners out until he had carefully
read the testimony given. This was taken
as a sign of weakness by some Of the SEN
ators who are favoring the resolution, and