The record-union., 1897-01-15


oatlonaI legislation on the subject was
necessary, and that the present law
seemed ample. Wilmington instanced
case IN which an Orange County
CRIMINAL had been lynched by mob,
ana stated that Governor Budd had
expressed his willingness to approve of
claim Of $500 for the man who made
1he original arrest, and seemed kindly
1hcllned towards the citizens who had
swung the criminal off, thereby saving
Inc expense of a trial.
Bert thought a county ought to be
made liable for the acts of its citizens,
10 which view Seawell accorded.
Wilmington contended that lynchings
We're never in order unless the crime
committed was heinous in the extreme,
and that a county should not be
mulcted for stringing up criminal too
mean to be allowed a trial.
Gillette thought that if counties were
made liable for mob violence its citizens
would be very careful about their
lynching bees.
This argument was answered by the
statement that were the liability fixed
at 100000 instead of $1,000, 1t would
vengeance.
Withington's motion was carried by a
vote of 8 to 3, and the Judiciary Com
mttee believes no. additional legisla-
ton is necessary.
The committee, on motion of Dick
tnson, concurred with the Governor s
third recommendation, and a bill will
probably be drawn embodying the
same. It is as follows:
Unless there be special reasons for
providing otherwise, the terms of ap-
pointees upon boards of commissions
should be so arranged or adjusted that
on the expiration of present terms, they
expire in succession, and not alto
gether, so that old or experienced mem
bers should always be upon the board
with the new ones installed This is not
the law as to many existing boards OF
cCmni ssions. l await legislative action
as to a number of trustees, directors
and commissioners, in the hope that
sumo such law will be passed"
The last of the recommendations
made by the Governor, which had been
referred to the Judiciary, was rather
favorably received by a majority of the
the inaugural address delivered two
years ago, and is quoted as follows:
" If the Governor is to be held re-
sponsible for the conduct of the depart
n,ents whose incumbents be names, he
should have the control of those func-
tionaries. In this State we should
either have a system of continuous ten
ure during good behavior as under the
civil service classification of the Gen
era1 Government, or else the appointing
power, which, in the public mind, is
held responsible for the conduct of the
appointee, should be vested with au-
thorfty to remove the appointee, In the
language of the Constitution, for mis-
conduct, incompetence, or neglect OF
duty, after an opportunity to be heard
on written charges."'
Il have been hampered to consid-
cradle extent for the reasons stated.
do not favor a law under which a
Governor might remove his predeces-
Sor'S appointeeS, but in such cases
would provide by law for the removal
by the courts of the derelict official
Il, myself, believe that the removal
should be made, if at all, by hearing
before the Chief Justice of the Su-
preme Court.
Il favor placing the insane asylums
and other similar institutions of the
State absolutely upon a civil service
basis. and will cooperate with your
honorable bodies to that end. Such a
law should provide for an equalization
of the political complexion of the pres
ent officers and Employees of these insti-
,,.Je- Ill 4
employees from being members of po-
litical convention. If these institutions
are to be conducted in the interest OF
the State and the unfortunates, this
course should be pursued. Each ad-
miniStration, until the abuses are cor
rected, may avail itself of the faith,
and occasionally this evident discrimi-
nation did not stop with the heads, but
with a few exceptions. ran down the list
of pay Offices. Whether the employe be
of one political faith or the other, such
a needless, one-sided political complex
ion in the management is pernicious
and improper"
It was decided after considerable dis
cussion that a subcommittee of three
should be appointed to report on the
matter at a future date, and as such
committee Chairman Simpson appoint
ed Senators Boyce, Morehouse and Sea-
we'll
S. B. Z, by Aram, providing for the
election or appointment Of a separate
Superior Judge for each of the counties
of Yuba and Sutter. having been re-
turned from the printer, was taken up,
but on request Of the author was passed
until such time as an expression might
be received from the citizens of the
counties interested.
S. B. 5, also by Aran, came up for
consideration 1t proposes to amend
Section 1880 Of the Code of Civil Pro-
cedure, by adding to Section 3 Of the
Act the following: And no party to an
action or proceeding shall be allowed TO
testify with the adverse party or the
marty for whose immediate benefit the
action or proceeding is prosecuted or
defended, is the representative of a de-
ceased person, when the facts to be
proved transpired before the death OF
such deceased person"
The bin met With disapproval from
every quarter and would no doubt have
been reported back with the recon-
rnendation that it do not pass had not
Ararn asked that it be be passed on the
file His request was granted, but GEN
eral Dickinson gave notice that when
II was again called up he should move
that all of Section 3 of the Act be
stricken out