Los Angeles daily herald., 1875-12-14

And eulogizes that clause in our fundament-
al law which restricts the Legislature in its
power to create debts and says the command
requiring the election of Collectors and AS
SCISSORS to be elected by the people ofthe dS-
trict has caused a multiplication ofpnblic of
ficers and greatly added to the expenses of
the State. But the Iaalgin influence OF this
particular restriction has shown Itself most
conspicuously In introducing and perpetu-
ating the giant evil of unequal assessment of
ptopety.
stitution hit upon the precise plan sure 10
defeat that object! The Assessors value prop
erty for taxation and the Legislature cannot
create tribunal With power to correct the
alterations of Judgment to these local Off
GERS! SO at least has the Supreme Court de
cided, hence the Constitution should be
amended in that respect, for he knows of no
other amendment TO our Constitution SO
much needed-no one from which such tan
ri Bile and substantial benefits would result
as one committing the mode of assessing
property and collecting taxes to Legislative
discretion.
THE POWER TO CREATE DEBTS.
As a rule restrictions on legislative power,
particularly on the power Of Legislatures to
create dept, have been ptomotiVe 10 ilis pub
lie welfare,
Debt is the bane OF modern states. II
hangs like a mlllstone about the neck of all
civilized peoples. IL conSignS the laboring
masses to penury and want by consuming
the products OF them labor in taxes 10 pay lis
gnges not alone ON the real and personal
properly Under the governments 10 which
they have made loans, but on the brain and
muscle of the people as well. This is the
bondage of debit 1t descends from father TO
son; from generation to generation.
Now, while will not question,the right OF
one generation to appropriation squander,
il YOU Willis surplus earnings as IL shall
choose, beg to ask by what authority IL
seems to cucumber the inheritance OF its sue
cessor, the land which God has given as the
tf..tar Ntrtf1
mortgages to the money kings? And sill
more do desire TO know where one genera
ton obtains the right to hypothecate the
brain and muscle-the energy, enterprise and
labor of generations yet unbOrn-that II may
enjoy the luxury Of splendid money which 1t
has not earned.
And If 1t had not been for this constitutions
al restriction on the power OF the Legislature
to create debts, who will undertake to say
what proportion of the net earnings OF our
capital and industry woulo now he required
to pay the annual interest on the debt we
would have, by this time, created.
CITIES AND COUNTIES.
But while the state is prohibited from be-
coming financially involved, there is no re-
strctions upon counties or cities, hence in
the absence OF such clause in the fundament-
al Act the Legislature should resolutely re-
fuse all authority to counties and cities To
create debt beyond q certain fixed, but small,
percentage OF their assessment rolls.
THE STATE AS A NoN sTocKuoLDER
Itis well that the Constitution forbids the
State to give or loan its credfGto individuals,
associations or corporations. But the in
strument is illogical in not applying the
same rule to cities and counties.
THE PEOPLE AND TIE RAILWAYS.
Discussing this subject he asks: Is the con-
struction oil railroads a part of the legitimate
business of government? Is it II government
tai function to provide the public with high
ways?
Railroads sustain to the public about the
same relation, and perform about the same
Office now, that ordinary wagon roads did,
during the pre-railroad era 1t was not ques-
toned then that Ii was legitimate function
of the Government, and even an imperative
duty, to open and maintain highways for the
accommodation of the public. And this duty
is still recognized wherever the public neces
stiles require only the ordinary wagon road
1t is not quite clear on just what grounds the
Government can be released from the duty
of providing the public with highways when
the public necessities demand that these
highways shall be railways instead Of ordl-
nary wagon roads. Has the State lost any Gf
its rights over the highway becoming Il rail-
way, which il had and exercised when the
highway was an ordinary wagon road?
But railroads are built by corporations.
What should Ge the relation CT these corpo a
tons 10 the State? Are they not in iaet, and
should they not in contemplation OF law be
held to be- agents OF the government, charged
with the performance OF duty to tie pubic
which the government itself owes? And Is il
not precisely because they are agents of The
government, engaged III services which the
government is bound 10 perform in behalf of
the public, that the egovernmeLte tel)theS them
with the power OF eminent domain" At ihis
view be correct it would seem clear that the
government must possess the right TO require
the corporations to operate their roads i'll tue
public interests. do not mean toassert that
the corporations have not property rights IN
the roads which the government is both. It
gally and morally bound 10 protect.
Justice must be done TO thera ways as well
~fsl#f AxTatl ny
tort ion, oppression and unjust dlscrinina-
tions by railroad corpofations, and must
compel such corporations to carry passen-
gers and freight over their roads ut reasona-
bic rates. But the State has not the moral
right to require the companies to carry ut
rates which would not yield n reasonable in
terest on the capital invested. ON moral
grounds, at least, those who invest their cap
ltal in the construction OF railways are as
much entitled to a reasonable return on their
investment as are those who invest IN other
enterprise.
RAILROAD COMMISSIONERS.
And he finally concludes his argument by
suggesting the creation ofa Commission To
assist in this work. No legislative power
could be delegated to q Commission, but IL
could be clothed with authority TO correct
abuses by compelling the corporations 10
obey the laws already on the statute book
1t could, also, be charged with the duty OF
collecting such statistical and Otherinforma-
ton as must precede and become the basis of
IRRIGATION.
This subject he looks upon rs the most inn
portant problem with which the Legislature
will have TO deal at the present session. In
devising a system OF Irrigation ii would EN-
necessary that the legislature should pro-
vide: 81
First-For the division of the portions of
the State, which need irrigation, into dis
tricts, in such manner that all the lands
which must be irrigated, fiat all, from the
co a nj OfT1 Sjn ul
district. 1t will devolve on the Legislature 10
adopt the plan which shall offer tue best
guarantees for having this work done IN
proper manner and the mot economically.
Second-For the appropriation by irriga-
tlon districts of such unappropriated waters
as they may req llre for irrigation; but for
the acquisition by such districts by purchase
or condemnation, OF such waters neld by ad.
verse right as they may require. Irrigation
will be impossible unless irrigation districts
are clothed with these rights,
Thrd-That each seperate portion land
forming an irrigation district shall have an
indefeaSible light to its pro rata share of the
water belonging to the district. The right OF
each portion of the land ofa district TO u pro
rata share Of the water appropriated to such
district results, as a anecesSary corollary from
the power resumed; first, to form all the
lands susceptible OF irrigation from the same
source into n district; and, second, to give
such district the right to Appropriate pur-
chase, or condemn the water necessary for
its irrigation.
THE LAND SHOULD BEAR TIE COST.
The Justice of making each district bear
the expense OF its own irrigation seems so
clear that hardly think there can be any
difference OF opinion on that point But
there may be some question whether this ex-
pense should be borne by the whole property
OF the district or only the land very little
reflection, however, will, | think, suffice TO
show that only the land, and not the whole
property Of the district, snould be taxed to
provide irrigation. Irrigation is a process of
Fertilization, the water being the fertilizer
Its effects on land are Pnalagous to those of
guano, or any other substance used to in
crease its produciveness. BY Increasing the
productveness of land ii adds 10 its value
4 y.