The record-union., 1893-01-27

~ WHICH tney nave been elected by the
people of this State For what? For
neglect of duty? How do we know this?
What evidence have we that the Com
missioners have failed in their duty to
the people. AS far as l am able to learn
we have only such evidence as Is con-
tanned in ruInor and newspaper reports.
Can this be considered as reliable or con-
clusive2 Would it be taken as q basis
for Judgment in any court Of law? Am
l asked to condemn a man on hearsay-
on the irresponsible testimony Of two
or three disgruntled newspapers and the
howl for removal instigated by personal
enmity? Is this fair? Has it any ele-
ment of JUSTICE or equity?
1--WE have been told that the people of
California are looking to this Legislature
for a removal of the present Commits
sioners. l want to know something of
the work of this commission, and if it
can be shown that the members are
guilty want 10 vote for their removal.
Give them at least hearing. This is
privilege accorded under the Constitution
to even the meanest criminal. Shall it be
withheld in the case Of the present in
cumbents?
'Shall we drive these men from their
positions, and place brand upon their
integrity, without so much as an investi-
CATION?
"Wil such a course meet with the ap-
probation Of our constituents? VIII the
people of California look with favor upon
an act, without precedent in the annals of
legisiation-an act at once illegal, unjust
and absurd, bearing ear-marks, borrowed
for the occasion from a demagogue, and
fostered at the fountain-head of personal
spite.
'This is not a defense Of the Railway
Commissioners. 1 do not even contend
that they are innocent OF the charge, but
l do hold that the haste with which this
measure is being rushed through savors
strongly of personal motive, and until l
have facts on which to base judgment in
favor Of removal, l shall oppose the reso-
luton, in the interest of common Justice"
Mr.. burst followed. He said he felt like
deposing Rea alone from the commission.
He would not vote for the amendment
because it deposed all the Commissioners.
Schlesinger said he would vote against
the amendment as il was an insult to the
Governor.
Kahn subsequently withdrew his
amendment, and recess was taken.
The whole letter Of Rea was read after
reassembling, and Shanahan demanded a
call Of the house, which was ordered.
There were four absentees, and the Ser
geant-at-arms succeeded in bringing
three of them to the bar of the house.
They We're excused on giving sufficient
excuse for their non-appearance. They
were late in getting their lunch.
A roll-call was demanded by the gem
tlemen who had said all they wanted to
during the morning session. The
Speaker ordered it called, but Duckworth
appealed, which caused the motion for a
call OF the roll to be Withdrawn.
Price Of Butte called forth cheers when
he said it was un-American and indecent
to try to shut OFF any man when he de-
sired to speak on question of such grave
importance. He was in the Democratic
caucus when the resolution was consid-
cred to depose the Commissioners and he
did not say anything there, nor did he
intend to in the Assembly although be
reserved the right to, but he protested
against the shutting off of any man who
desired to present the other side of
question.
DucSworth in long argument opposed
the adoption of the concurrent resolution
summariiy deposing the Commissioners
from office. To declare an Office vacant
which the people have demanded is an
improper thing for the Legislature
to do, he argued. He did not believe
it proper thing to legislate out of
office three gentlemen elected to fill the
Office by their respective constituents
without allowing them to say single
word in their own behalf. 1.-THE most
reprehensible wreck, or man accused of
the most heinous crime, is allowed JUS
tice,' said the speaker, yet a California
Legislature, supposed to represent an in
telligent and educated commonwealth,
proceeds in a high-handed way to legis-
late out OF Office men guilty of no crime
or offense, men whose records have been
impeached by only those who seek to fill
their places. propose to record my vote
in the negative on the resolution. 1 do
not believe it the province Of any associa-
tion-Traffic Association or otherwise
to fire out Of Office any man at the behest
of any association before his guilt is es-
tablished. I make the assertion that not
one single member of this Assembly has
taken the trouble to inquire whether or
not the commission has done its full duty.
This is an unworthy proceeding. 1t has
I been said that the best interests of the
State would be conserved by the aboIi-
ton of the commission. 1 deny it.
81 am opposed to any Legislature fix
ing fares and freights for railroads" con-
tinued Mr.. Duckworth. II do not be-
leve, with all respect to mem bers Of this
House, that we are competent to properly
adjust such matters. In 1879 the peopIe
of this State rose in their might and
wrath and adopted by an overwhelming
majority the present Constitution. Until
the same people shall again arise and bv
legally constituted methods ask an
abolishment Of the Railroad Commission
I propose TO stand by and battle for their
rights do not consider this Legislature
could do justice to the subject of freights
and fares in the limited time allowed bv
law. I know 1 have not the ability es-
sential TO grapple with the complex
questions which would arise, and [ make
the assertion that nobody else could un-
less he made it a special business. It is
the hight of folly for this Legislature to
depose from Office the men who compose
the commission. 1t would be shameful
for this Assembly to act hastily on this
resolution, have it transmitted to t4ie
Senate and then have it come back in
such a condition that we could not recog-