The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1879-05-16
CALIFORNIA; NEW CONSTITUTION
Inter-Ocean.

The new constitution just adopted by
the people of California has provoked
more discussion than any similar dOcu-
ment that has been presented to the con-
sideration of the public for many years
The changes in the organic law of the
state are, many of them, of a radical and
sweeping nature, and whether results
will be good or bad remains to be seen.
The general provisions as to suffrage
are much the same as in other states, ex-
cept that 1t is declared no native of Chi
ma shall ever exercise the privileges of
an electOr in the state elections, and,
except in case of treason, felony, or
breach of the peace, citizens are privil-
eyed from arrest on election days.
A change as to the grand jury system
makes it allowable for offenses hitherto
prosecuted by Indictment to be prose-
cuted by information after examination
and commitment by magistrate.
The governor is given power to veto
any item of an appropriation bill. The
power of the legislature to appropriate
money for any purposes beside the sup
port OF the state government and instItu-
tions exclusively under the control of the
state, is prohibited, except in the case of
certain charities. Sales of shares of the
capital stock of any corporation on mar
gin are declared void, and the legislature
is directed to regulate or prohibit stock
gambling. The legislature is prohibited
from giving or lending the credit of the
state, or of any county, city, or other po-
litical subdivision of the state, and is al
so prohibited from making, or authoriz-
ing the making, of any gift, grant, or
subsidy to any person or corporation or
association. Lobbying, or the accept
ance of a reward while in the service of
tho VNr1l,lin 80 A c,Io T..
of extra session, the legislature is limited
to the legislation specified in the procla-
nation concerning it. In appOrtiOning
population for representation, Chinese
are excluded.
The article of the new constitution
taxing corporations has caused much
discussion. The provisions are thus
summarized by California paper:
Every stakeholder is to be individual
ly and personally liable for such proper
ton of debts or liabilities contracted dur
ing the time he holds or may have held
stocks. The exercise of the right of en-
inent domain shall never be so abridged
or construed as to, prevent the legislature
from taking the property and franchises
of incorporated companies and subject
ing them to public use the same as the
property of individuals, and the exercise
of the police power of the state shall new
er be so abridged or construed as to per-
nit corporations to conduct their bust
ness in such a manner as to infringe the
rights of individuals or the general WELL
being of the state. No corporation shall
issue stock or bonds, except for money
paid, labor done or property actually re-
ceived, and all fictitious increase of stock
or Indebtedness shall be void. The stock
and bonded Indebtedness of corporations
shall not be increased except in pursu-
ance of general law, nor without the con-
sent of the persons holding the larger
amount in value of the stock, at a meet
ing called for that purpose, giving sixty
days public notice, as may be provided
by law.
mo railroad company or other COM
mon carrier shall combine or make any
contract with the owners of any vessel
that leaves port or makes port in this
| state, or with any common carrier by
which combination or contract the earn
ings of one doing the carrying are to be
shared by the other not doing the carry
ing, and whenever a railroad corporation
shall, for the purpose of competing with
any common carrier, lower Its rate for
transportation of passengers or freight
from one point to another, such reduced
rates shall not be again raised or in
L
consent of the governmental authority,
in which shall be vested the power to
regulate fares and freights. No discrim-
inatiOn in charges or facilities for trans
portation shall be made by any railroad
| or other transportation company between
places or persons, or in the facilities for
the transportation of the same classes of
freight or passengers within this state,
or coming from or going to any other
state. Persons and property transported
over any railroad, or by any other trans
portatiOn company or individual, shall
be delivered at any station, landing, or
port, at charges not exceeding the charges
for the transportation of persons and
property of the same class, in the same
direction, TO any more distant station,
port, or landing"
This article aroused the hostility ofthe
railroad companies and business men.
More opposition came to the article on
taxation, which has been discussed by
David A. Wells and other well known
writers in the Atlantic states. In the
article covering this subject, the word
| property" is declared TO include mon
eys, credits, bonds, stocks, dues, fran
chises, and all other matters and things
real, personal, and mixed, capable of
private ownership. Land and the i'm
l SGDdTHLeAy
assessed Cultivated and uncultivated
land, of the same quality and similarly
situated, shall be assessed at the same
value. Every tract of land containing
more than $40 acres, and which has been
sectionized by the United States govern.
ment, shall be assessed for the purposes
of taxation, by sections or fractions OF
sections. The legislature shall provide
by law for the assessment, in small
tracts, of all lands not sectionized by the
United States government. A mortgage
deed of trust, contract, or other obliga-
ton by which a debt is secured, shall
for the purposes of assessment and taxa.
Ition, be deemed and treated as an Interest
in the property affected thereby There
is provision that the legislature NAV
pass an income tax law, but this is only
permissive. Provisions are made f6I
the creation of state and county boards
of equalization.
The new contitution makes it manda