The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1879-05-17
CALIFORNIA; NEW CONSTITUTION

q.
CALIFORNIA; NEW CONSTITUTION.
/ The new constitution of California, upon
the framing of which the hoodlum convention
Ielected last fall was engaged four months and
(which was voted upon by the people last week
has Unexpectedly been adopted 1t contained
some provisions so extraordinary, and Others
SO clearly in conflict with the constitution and
laws of the United States, that 1t was general.
" expected there was good sense enough in
the state to vote it down While, however the
vote of the larger cities was generally against
it. the agricultural districts voted heavily for
1t, and it is carried by 5000 majority,
Among ITS provisions the following are nott-
| BILE: The legislature is to hold biennial SEES
sons and they are limited to 60 days, The
legislature is to regulate the treights and fares
OF all railroad or other transportation compan-
| les and the charges of gas and telegraph COM
panies The hiring of convict labor is forbid
| den: so the sale of stocks on Il margin or for
| future delivery All directors of corporations
are liable for the cmbczzlement of funds by of
fccrs, and all stockholders of any bank or 9th.
er corporation are individually liable pro rata
for all debts while boiling stock. Railroad
cutting under in competition are not allowed
afterwards again to raise their rates without
consent of the government. But the provls-
ions which attract most attention relate to the
Chinese and other aliens" Article 10 reads
To-, .1,,,, .I,,,l1 NIL
actmcnts for the protection of the state, coun
ties. &C. from the burden Of aliens dangerous
or detrimental To its peace and welI-heing TO
impose conditions on which they may reside
in the state and to provide the means and mode
of their removal if they fail or refuse to COM
ply with such conditions No corporation
shall employ directly or indirectly any Chi
nesc or Monaghan. No Chinese shall be en-
ployed on any public work except in punish
ment for crime. The Legislature shall dis
courage by all means in its power the immi-
grafton of foreigners ineligible to become citi-I
zenS. All contracts for coole labor shall be
void, and companies, no matter where formed,
for the importation Of such labor shall be sub
iect to penalties. The Legislature shall dele.
gate all necessary power to incorporated cities
and towns to remove the Chinese from their
limits or continc them to certain districts.
But the strangest part Of all is TO come. The
present constitution, in providing for the re
vision or the formation Of Il new one, says, in
case a convention is called and new consti
tuition framed and submitted to a vote of the
people, IF a majority of votes cast at such
election be III favor of such new constitution,
the executive of the state shall, by his pro-
declare such new constitution to be
the constitution Of the state Of California"
The old constitution thcreupon ceases to be the
constitution Of the state and the new one is
substituted in It's place But the new consti-
tuition provides expressly that it shall not take
effect until January |, 1880. From die time
of the proclamation. which must be within
thirty days after the election, until January l
next California is therefore without consti- |
tuition.
Commenting on this blunder, the Alta Co|t-
f0rRtd says:
What is the effect? The old constitution
created the legislature article A., the Execu-
tive Department article 81, the Judicial De
partment (artlcle u. 1t provided for organic
ing the militia (article y, for public instruc-
ton (artlcle o. With the constitution which
created them all these departments cease to eX-
ist They die together. Upon the issuance OF
the Executive proclamation the Governors
term of office expires and with his downfall
90 the other executive officers. The prisoners
in the state prison have no legal keeper. The
bondsmen of the state treasury cease To be re-
sponsibe for his acts, for lis term of office has
expired. The laws, except those which are
continued in force by the new constitution,
sod t,Nh .y. l,k-I
rcigns and the Sandlot is triumphant. No
law to define or punish oiicnses, no officers to
arrest criminals, no grand jury to indct, no
court to try. If, on the other hand, it be con
tended that, Notwithstanding the provision in
The new constitution that it shall take effect
next January, it goes into operation immedi-
itely-how does that mend matters? No elcc-
ion can be held under it until next fall. I'll
expressly provides that all existing courts shall
be abolished. 1t substitutes no new courts be
fore January,