The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1879-05-15
THE NEW CONSTITUTION.
AN ACCOUNT OF THE LEADING AND NOVEL PRO-
VISIONS


THE NEW CONSTITUTION.
AN ACCOUNT OF THE LEADING AND NOVEL PRO-
VISIONS.
The Constitution was framed by Convention
in which no political party had majority. It
will be substituted for the existing, original Con.
stitution of lS49, amended somewhat in the years
1862 and 1871.
One of the first points Of interest IN this docu-
ment is It's treatment of the Chinese. The initial
change on this subject is in the preliminary Bill
Of Rights. Here the right OF foreigners 10 inherit,
hold and transmit real property is expressly con-
fined to those "of the white race or African de.
sent eligible to become citizens of the United
States" Next the article on suffrage denies citi
zenship to amy native Of China and con ers suf-
trage on citizens only. Finally, special article
of sections is devoted to the Chinese. The second
absolutely prohibits corporations formed under
the laws OF California from employing Chinese.
The third section forbids the employment of Chi.
nese on public works, except In punishment of
crime. The fourth section declares dangerous the
presence OF foreigners ineligible to citizenship.
The Constitution prohibiis certain kind Of man
from becoming citizen, then exacts poll tax of
him, and finally stamps him Dangerous" because
be is ineligible TO Citizensh p The Constitution
afterward declares that the Legis atuGe Shall also
provide the necessary legislation to prohibit the
Legislalureis is also to delegate all needed power
to municipalities to remove Chinese from their
limits, or confne them to designated quarters
within these limits,
ABOUT CORPORATIONS AND TRANSFORMATIONS.
Two dozen sections designed to correct the abu-
ses of corporations form highly important part
Of the Constitution. In general these provisions
follow those adopted for the same purpose In sew
eral Mississippi Valley States and also partially
in Pennsylvania and elsewhere. 1t is provided
that corporations must be formed under general
laws, not special acts, and the State never made
corporation stOckhOlder; that trustees and direc.
tors are liable for embeZzed money that stock
shall not be watered, nor stock or bonds issued,
save for money or property received or labor
done; that business shall be conducted meetings
held and accounts kept only in certain specified
ways
Transportation companies are forbidden to dis
crimnae in their charges for freight of passen-
gers, but excursion ana COmmuIatOn tickets may
be Issued at special rates. in other respects, the
charges must be uniformly pro rata Tor distance.
The Railroad Commissioners are The only persons
podiDg Offices of trust or profit in the State to
whom free passes can be offered, and besides the
punishment of the company issuing free passes,
the acceptance works tUrseure of the takers
office. That is an excellent provision; so are 9th.
ers aimed at wheels within Wheels and rings
within rings, foIbidding Ctficers OF employees of
the company from being personally interested in
lUTuhDlDB IL WIFI buppllGht UT DelUR engaged Ill
the business of a common carrier. If a railroad
once puts down its rate for the sake Of cOmpeu.
tiOn with another common carrier 1t cannot put
them up again without the consent of the Rail.
road COmmssiOners-a provision designed to
cheek the trick of breaking down legitimate com.
pt tition by tremendous Sacrifices and then, when
monopoly is secured, putting up rates higher than
ever. The Railroad Commissioners are to have
enormous authority fixing all rates fer freight and
passengers, examining accounts, hearing and de.
Gliding complaints, aud having many powers OF
courts Of record. company breaking or evading
their regulations is 10 be fined at least $4,000 An
officer or employee who demands more money
than the established rate is to be imprisoned for
time not exceeding year, and fined a sum not
exceeding S5O0O While this legislation, in some
details, goes to the extreme length Of grangerism,
in general 1t is conceived in wholesome spirit
of protecting the people against the grasp of cor.
pOTatiOns, and the stockholders Of corporations
against their own official ieves and deSpoilers.
REVENUE AND TAXATION SYSTEM,
The revenue and taxation system is a third sub.
ject in which vast and mOnentous changes have
been made In general 1t may be said that the
purpose and effect Of the new provisions are 10
make taxation bear more heavily than ev5r on
capital presumably with view tn Tightening
the burden upon labor. ChuTch property isswept
bodily into the taxable pOOl-al property is to be
taxed except growing crops, and city State, Unit
ed States and school property Mortgages are tax
cd with some details worth the examination Of
those interested IN California mortgages, halrOhQ
property Is 10 be assessed by State Board OF
equalization, and then appOrtOned to the counties
and towns through which the road passes. In
come taxes may be collected by laws hereafter to
be made, from persons, corporations, Joint stock
associations or companies resident or doing husl'
ness in the State. We should say that the new
Constitution does not intend that taxation shall
be equal in fact 1t removes the old wordsTequir-
ing Il to be "eQual and uniform" Its theory ap-
parently is tai those best able to- pay should pay
not only the greater part buteVen more than their
prOpOrLlOn.
All the foregoing subjects are Of interest 10 peo-
ple of other States having business relations with
California or capital invested there To these may
be added the provisions putting telegraphs, gas
storage and wharfage 80 far as II concerns "a pub
lie USE OF them under legislative rates for their
use; and agair the provisions directing the Legs'
latlre to regulate stock obbing Of all sorts, with
the express condition that "sll contracts Tor the
sale Of shares of the capital stock OF any corpora
tion or association, on margin or TO be delivered
at future day shall be void, and the money
paid on them recoverable IN court
LOCAL ANDPoLITIcAL REGULATIONS.
Resides these. there are many remarkable
changes In matters more strictly local In interest,"
for new Con, tuition is a long and elaborate doc
ument Among these we may note that lobby
ing + hereby declared felony and, as such TO
bs severely punished that three fOurths Of jury
may render valid verdict in civil trials, ana the
Jury itself may be fewer than twelve II The parties
sgree while in minor criminal cases, not amount
ing TO felony, by the same agreement In open
court jury trial may be waived; that witnesses
shall not be confined with prisoners, nor perkons
imprisoned for civil action for t0rts except in
cases OF wiliul injury; that person convicted Of
embt zzling public money shall lose forever his
citizenship,
Among the political regulations, the Governori is
made ineligible to the United States Senate dur.
ing his term OF office; the salaries OF the State Off
GERS are fixed In the Constitution, which seems q
short sighted arrangement; the Governor may veto
particular iteuB in appropriation bills the elec-
lions for the legislature are changed from Septem-
ber to November, after the present year convict
labor Is not to be let out by contract no property
qualification is TO be required for voting or hold
ing office; State inspection Of merchandise is abol.
ished; making profit out oi public moneys, or u.s.
ing them, except as provided by law, is declared
a felony; military organizations receiving State
support are forbidden TO carry. while under arms,
eny nag or device OF any State or nation, except
@ be United States or California; California is
4 M an inseparable part of the Union, whose
sn 1r7me law is the Constitution of the United
SW'pS,
Otner provisions make eight hours days work
on oil public works; gives mechanics and labOreTs
lien property for their labor or materials; de-
clare that no public work shall be begun in any
city until the cost has already been estimated as.
sessed, and gathered into the Treasury; declaring
the holding OF large tracts Of land by Individuals
or corporations inimlcRl to public Interests, limit
ing, therefore, to $40 acres the amount OF State
land hereafter orantad IN aanh aatflaR