Los Angeles Herald, Volume 25, Number 127, 30 July 1886 — SACRAMENTO. [ARTICLE]

SACRAMENTO.

The Struggle Over the Supreme Court. TERRY COMES TO THE FRONT. Specific ChMfM of lntlrmity Against Just icon Morrison and simrpsteiu. Special to the Herald by the Associated Preee.) ASHRMBLY. Sacramknto, July 29.—The Assembly convene) at 10 a. m. The Committee on rrigatiou reported Assembly bill No. 2, repealing Motion 1422 of the Civil Code, with the recommendation that it pass. Morris, of Alameda, introduced the petition siguod by David 9. Terry, of Stockton, requesting the removal by the Legislature of Chief Justice Robert F. Morrison and Justice John R. Sharpstein, of the Supreme Court, on the grouad of their alleged incompetency to perform the duties of their offices by reason of physical and mautal infirmity. The petition also asks that a committee of aevea be appointed to investigate these charges. Mr. Vnle moved to lay the matter on the table. Th.) motion was loit by a vote of 21 to 43, as follows: Ayes—Ashe, Barnes, Britt, Bublert, Carter of 86lano, Clark, Pooling, Ellison, Firebaugh, Goucber, Hazard, Henley, Henry, Jones, Lovell, Moffitt, Munday, Peilett, Walrath, Watson of Eldorado, Yule; 21. NoesAllen, Banbury, Carter of Salauo, Colby, Cook, Culver, Davis, Deveny, Dewitt, Douglass, Edwards, Franklin, French, Gregory, Heath, Hey wood, Hollfster, Hunt, Hussey, Lfiugblin, Long, Lund, Macy, McDonald, MuOlasbau, Mc Junkin, McLean, McMurray, Meaus, Morris, Pyle, Re«ves, Rosebury, ullivan, Swayne, Terry, Ward of Butte, Ward of San Francisco, Weaver, Whitcomb, Wood, Woodward; 43. The resolution was then adopted and Speaker Parks appointed a committee to investigate the matter as follows: Mor ris, McJunkin, Gregory, McGlashan, A-the, Husssy and Davis Henley of Sonoma, for the purpose of securing a test vote on the iirigation question, introduced a resolution expressing full sympathy and accord witb the Governor in his call of this extra sessiou and tbe objects thereof, so far as pertains to needed legislation In regard to irrigation. It was voted down with a loua laugh. tVilrath introduced a substitute to the Mofflt bill, repealing section 1422 of the Civil Code, as fallow*: Soctiou 1422 is hereby amended to rea l as follow : "Nothing in the foregoing section shall in auy manner be construed to interfere j with the appropriator*' natural right, which shall be construed to be water for family and domestio purposes, for tbe purpoae ot watering live stock and water for irrigation purposes, to such an extent an shall have been appropriated and used up to the time of the p*ssage of this act." Goucber introduced ao amendment to tbe constitution relating tv public waters, wbich i. identical with Reddy'a amendment introduced in tbe Senate yeater*M'oJm>kin's aoueurrent resolution re questing {he Governor tn declare August 3d and 4th legal holidays in deference to theG. A. R. encampment was called up. The resolution was voted down almost unanimously. Adjourned.

HKNATn. Tbs Senate met at 11 o'clock. Taylor, from the Committee on Irrigation, reported a substitute for Senate Bill No. 1 without recommendation. The substitute was ordered printed. The Assembly bill appropriating 949, ■ 600 for expenses of the extra session .vas read a third time and passed. Senator Del Valle introduced a resolution requesting the State Representatives in Congress to urge the passage of ths bill reported by the Senate Judiciary Committee establishing another United States Judiciary district in Southern California. Adopted. Mr. Boone introduced a resolution tbat the legislation of the ex:ra session be confined to constitutional amendments in relation to water rights and irrigation, and that plans and details for sarrying out the Irrigation system be left to subsequaat legislation. The resolution waa referred to the Commitve on Irrigation. Baldwin present**! charges against Su preme Court Justices R. r\ Morrison and J. R. Sharpstein, signed by David Terry of San Joaquin, alleging thil tbey are incapaeit it- d fr mi ttn*ir duties hy physical disability. These charges are the same as those introduced iv the Assembly. Accompanying the charges wss a resolution summoning the Justices to show cause. R ferred to the Judiciary Committee. Adjourned.

COMMITTKK WURK. Sacramento, Joly %9. —TIM special committee appointed by ihe Assembly to investigate the charges preferred bj Judge Terry against Supreme Justices Morrison aud Sbarpstein met this evening. Morris, of Alameda, acted as Chairman McJunkin said that uothing c >uld be done immediately. Tbe Committee bad no power to send for pipers or examine witnesses and nothing ought to be dene until the complaint wa* aerved ou the Justices and a return was made. He offered tbe followiug resolution, which was adopted: He/tot That (he fpeoial committee appointed by the Assembly to investi gste the charges contained in the complaint filed against Hon. R. F. Morrison, Chief Justice, and Hon. John H. Sharp steio, Justice of tbe Supreme Court of this State, be and are hereby empowered t > send for all uecessßry persons and pspers and to summon witnesses and to perform all other acts necessary to a full investigation of the charges in snd complaint; to reduce all testimony tw writing; to ad j .urn to San Franoisoo, if ieo »ssary, for tinpurpose of taking testimony, and that, tbe Sergeant-at Arms l>e aud be is here by instructed to serve copies of tht* complaint and resolution-, hf-reia upon said R. F. Harrison and John R. Sharpstein, and that notice be served at the same time citing MM R- l\ Morrison and John R. Sbarpstein to appear before the said Committee, a th* Supreme Court room, in the city aid county of San Francn-00, state of California, on Wednesday August 4th, ISKrj, st 3 o'clock r. M. Tbs Assembly Committee on Constitutional Amendments spent the entire tt ti* rvi a fruitless discussion. A committee consisting of Weaver, I i . . and Britt waa appointed to formulate a bill as directed by the House in conformance with the Governor's proclamation to reorgan./e lhe Supreme Court. In the French amendment, which regulars ths compensation of water companies i»y guaranteeing them six to « iglit per cent, net return on tbe eott of construction and maintenance, Jordan succeeded in knocking out the entire clause tiling the rate of compensation, although RHtt msde a gallant tight for its retention. W.aver suev-d** lin changing the time f<r lix ug w*ur rates from every thre* years to every year. Tbe committee has decided to report back butuue of tne ihree or four amendments snbmitied to it ou the water question. At the afternoon session of the Senate Judiciary Committee, a further discussion of P. 8. Terry's charges against Jus* tices Morrison and Hharpsteiu took place. After this had continued sonn time, MoClure offered the follow g: " Resolved, That a a-clul cmi oittefl of live Senators be appointee! to inquire into tbs charges against two Supreme ureine Judges of the Stats, brought \\j the notice of this Senate by Senator Baldwin and to report their opinion whether such charges are of such serious nature as to resjaire action uader the Constitution to remove snch Judges, and il so to report what action •hsuld he takeaby tha Senate, sa.d com-

mittee to have power to ■end for persons and papers anil all testimony neoeaaary. Tbia gave rise to a long debate, and the committee finally adjourned without taking auy action in the matter. An American Cltlswn Brutally Murdered Hr Raexlcaue. Galveston, July' 29 —Franotsoo Raaurea, a naturalized American ottizen, who waa arrested and surrendered night before last without a hearing by County Judge Hoffstetter upon the demand of Chief of Police Mondragon of Piedraa Negras, Mexico, stating that be waa a hursethief, was taken from the Mexican prison eight hours after his incarceration, carried two miles below Piedras Negras with his bands tied behind him and brutally shot and killed at the command of Mondragup. The murdered man had taken out papers of citizenship on August 15, 1881, and prominent men In E'igle Pass and Piedras Negraa bear testimony that Laaures waa an upright, honorable man. The secret underlying this infamous outrage is that Rasures had wou the affections uf a woman of whom Chief Mondragou was enamored. Mondragon swearing vengeauee, detailed two of bis burly lieutenants one uight to murder his rival, Raeures badly disabled bis asaailants aud escaped to Ragle Pans. Mondragon however determined upon his removal aud triumped uo a charge of horse-theft against him and had him extradited aod shot. The night that Rasures was delivered to the Mexican authorities Mondragou left for Saltillo, uot however before having delivered orders to bis lieutenants to execute Rasures. The vie tim, In a pathetic letter, appealed to United States Consul Lynn to save him, saying that he was an American citizen, guiltless of any transgression against any law, and that Mondragon had had him arrested to gratify bis vengeance. This letter was delivered to Consul Lynn ten hours after its author hod been basely shot. Prior to receiving the oeiromunicatton Consul Lynn had already appeared before the proper authorities of Piedras Negraa aud demanded, innsmuch as Rasures was an American citizen and had been illegally extradited, without proper representation or hearing, that he he forthwith released. Mordrsgon, said that Rasures was out of their hands, his case having been transferred to a higher court at Satitlo, where the Consul would have to make his demands. Subsequent events prove this assertion of Mondragon false. Consul Lynn has telegraphed the facts of the case to Secretary Hayard, at the same time informing the State Department that the reported outrages to American citizens on the Rio Grande and in Mexico were uot exaggerated but true, and suggesting vigorous action on the part of the general government for their protection. The excitement here over this terrible outrage is at a dangerous pitch, and the oonuty officials who were party to it are roundly denounced and will be summarily removed from office.

■ 11l M I IIM. CASE. He uae Been Assigned (.'•■Mil and Will be Tried. Eh Paso, July 29 —Preparacioua for the first trial of Catting are iv progress in Paao del Norte. It was given oat several daya ago tbat tbe case had been transferred to a higher court. It was never intended to do ao, aud tbe rumor was spread merely to gain time and divert attention. The trial will come off before some petty otfioial. Judge Castaneda, wbo has from the beginning been with Medina, the instigator of tba whole trouble, is a bitter enemy of the prisoner because the latter always treated him with a marked lack of reapect. The trial wilt commence within three days at the farthest. Counsel has bten assigned to Cutting against his desire. The lawyer who was thus assigned is s*i t to be inexperienced ami ignonuit. Well iuformed Mexicans wbo are thor oughly conversaut with the criminal practice of their country say that the sentence will be pretty apt to be two years' imprisonment. It is not definitely known whether any demand for Cutting's surrender bas been made by tbe government at Washington. If it nan been made it has been treated with marked neglect. A great many papers have lately published articles derogatory to Cuttings charaoter. He publishes to day iv an Xl Paao papera reply to those attacks, iv which he takes strong ground against tbe Typographical Union of the country, which be bas be n antsgonizing for twenty year*, and witb the members of whioh he has bad many a personal warfare, in which be frequently came ont seoond b-st. He Hiv- "As a newspaper foreman and proprietor for twenty years I am proud of my record, and if i-laced hesitatingly do as I have done before. Tlie newspaper pro, r.elors wbo are tpreadtng my unenviable ree whose interest* I hive always defended. Were Hart 4. Hamilton of the Hi Paao Timed, or the proprietor of the Albuquerque Journal, or John Arkins of the Denver News, or Frank Woodbury of the Dearer Times, to write to me as did linger \\ , Woodoury, then proprietor of the Dearer Times m 1880, I would as cheerfully respond and take off my coat and set type and makeup forms, etc."

Washliistsn Ne>l«a. WasHIHOTOK, July 29.— The House Committee on Foreign Affairs to-day considered Representative Can ham's resolution calling on the State Department for the correspondence touching the Cutting case. Lanhajn read a letter he had received from the Secretary of State con taining the assurance that Cutting would be delivered within a few days without doubt, so it was unnecessary to take any further action on the resolution. The committee has adjourned until the next session. ii It Work ef the Apaches. NoGALas, A. T., Jnly 29.—News reached here to day from Hermosillo that tbe Apaches have killed two Mexicana at Governor QevostanM rancho near Sonora station, ou the Sonora railroad. Tbe bridge aoross the Arroyo near Guerubabi, Mexico, haa been washed away, aud tram; on tbe railroad south of this point will be interrupted lor several daya. ■ neer.ee ler Hessaier. Sas Francisco, July 29. The Repshlioea Alliance of California, which cm brscea most of the prominent business and professional men of the State, held an enthusiastic meeting tonight and unanimously endorsed L. L. Baker, of the linn of Bakei & Hamilton, for United Status Senator from California. Ilenler t'omhif te Help Us inn

Wahhinoton, Jnly 29.- -Congressman Henley w»S y« stertiay granted leave of absence tor tlie remaimUr of the session and lei l for California in the afternoon. Delegate te the Irish Convention. San Francisco, July 29.—Judge M. Cooney has been eleuted California delegate to ths Irish Nation al League Can vention, to be held al Chicago un ktts 18th of Aufru.i.. Serious I* pie* len en the t|«e*n «f the Pave|fie. Victoria. B. C, July 29. An explosion occurred iv the forehoid of the steamer Oueen of the Paodio at Nanamio while ths men were storing coal today. The coal dust in the air ignited from naked lamps, burning the men badly, aome fatally; two men are reported dead already. The tire was promptly extinguished and the ship wan only > lightly damaged aud will proceed on ber voyage Sa unlay. A shafts Hlown Open.

Salkm, Ogn., July 29 -Tbs Safe of | Natbmsn'a hardware store at Gervais, thin county, waa blown open last night and $1000 obtained. Nothing ela« in.tuo store was disturbed. 1