The San Francisco call., 1897-03-09

Let us bring these gentlemen up De-
fore the bar OF justice and let them an
| swer. and see if we will not go through
with this matter. What have they fed
upon that they are superior to us? DID
God Almighty endow them with some
| peculiar trait or sanctity that they may
hold themselves up on some high pedestal
and that we must submit to them ana
worship them? You may do 1T II you
want, but as for me, shall not do It, AND
If they refuse to purge themselves OF con-
tempt, you must punish them as you
would any other man who would dare
TO assail your personal honor.
Senator Smith was of the opinion that
nothing further should be done. as In his
opinion the Examiner had virtually aban-
doned the case, in which it had presumed
to assume the position OF prosecutor. He
spoke as follows:
ut appears to me that there is differ
ent view to take of this matter. In the
courts of this country if the prosecuting
witness abandons his case he virtually ad-
mits he has not proof of the truth OF MS
accusation. In this case the prosecutor
the paper that published this charge-has
virtually abandoned the prosecution. 1t
has declined in every way, shape ana
manner to prosecute the case and mas ao-
mitted that it has no evidence Tor the
charge. Why should we waste our time
in investigating when the parties who
made the charge have admitted most en-
phatically that there was no foundation
for it?
'In court it would not take five min
utes for the Judge to dismiss the case un-
der similar circumstances. L think that
the Senate has completely absolved itself
from any charge OF corruption and Will
stand guiltless before the people OF the
State if it abandons this entire proposition
at this time"
Senator Simpson showed firm and
courageous disposition to have the matter
carried to consistent conclusion. He
spoke as follows:
II differ from the Senator from Kern.
The Senators upon this floor are the al
legged criminals in this case. II the prose-
cution 10 abandoned at this time, here
would be a declaration upon the part OF
the criminals themselves that the case
had no foundation upon which to stand.
I will say here that if that paper will
come out and state unqualifiedly that 1T
had no foundation for these charges,
would then say that there was evidence
that these members were not guilty. But
when It devolves upon these mem bers to
declare to themselves that they are not
guilty, l stand with the Senator from
Santa Clara, and believe that the dignity
of this body should be preserved by the
adoption of this resolution"
Senator Seawen coincided with Senator
Smith that the Senate, in view of the atti-
tude of the Examiner. was completely ex-
onerated froln the charges made by that
paper.
THE attitude of this paper" he said. ''is
as direct and potential as any answer that
witnesses can make. l stand before you
as having voted for the bill, but l feel that
am not the least bit soiled or that any
dir: is upon my garments. Why then
place these men in contempt? Their direct
positive answer could add nothing to
change the status OF the case"
Senator Pedlar favored the resolution.
eff the witnesses fail to answer in the Sem
ate," he said, lit would be only proper to
exhaust every means at hand to compel
them to do So"
Senator Stratton created a mild sensa-
ton by making one of the strongest
speeches agninststhe adoption OF the reso~
luton. His course was and is mystery
to his colleagues in view OF the fact that
he voted for Assembly bill 273 He had
the hardihood to assert that the investiga-
tion was not ordered for the purpose CT
clearing tie Senate of the charges made
against its memb bers, but to "humiliate the
Examiner"
Senator Wilmington raised his voice
against the resolution, on the ground that
nothing that appeared in the Examiner
was worthy OF consideration and that
journal had in its editorial columns ad-
mittei that its charge was unfounded.
Simpson, interrupting, remarked, 'Then
let them so state in their paper"
Wilmington continued as follows: This
body should be above such criticism. We
have here the menial and not the man.
If we had Hearst here it would be some
what of different case. The man in
charge of the Examiner now is one of the
least of his subordinates.
Senator Morehouse took issue with the
last speaker. He said:
II believe that the gentleman from San
Diego holds license to practice law, and
that in court Of justice if a material wit
ness refused to answer, of course the
learned counsel would give up his case. He
would not want anything further. Let
them say, 'We have no evidence at ALL.
We are not seeking to prosecute the Ex-
aminer. The time to prosecute the Ex-
aminer is when we have proved it has no
basis for its charges.
-Four years ago its conduct in similar
case was vastly different. Members of its
staff could hardly travel fast enough to
get before the committee. They were
actually tumbling over one another to get
their evidence before the committee. They
did not then say that 20 give such infor-
nation as they possessed would be vic.
lation of confidence, and they did not hide
behind the telegraph companies. But we
will bring in Mr.. Jaynes, and If he has
any kilograms that incriminate any man
here we will ask Mr.. Jaynes to answer,
and if be refuses we will punish him ac-
cord ingly. / ask that this resolution be
adopted.
The roll was called on the resolution,
and it passed, as already stated, by vote
of % to IL. It's adoption was greeted with
hearty hand-clapping and shouts.
During the noon recess the subpenas
were served on the three men, and it was
decided to have the trial at 3 80 P. NJ. On the
reconvening of the Senate, however, Sena.
tor Dickinson announced that owing to
the absence of George A. Knight, one OF
tho atfOrnavs for the recalcitrants and on