The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-05-07
CALIFORNIA,s CONSTITUTION

posed document is its treatment of the Chinese
The initial change on this subject we find in the
preliminary Bill Of Rights Here the right oifor-
cigners to inherit hold and transmit real prop
crty IL expressly confined to those "of the
white race or Of African descent eligible TO
become citizens OF the United States The
original Bill OF Rights made no such discrimi-
nation. but applied to all foregners-so we seq
what advancement in liberaty thirty years
have brought forth. Next. the article on
suffrage denies citizenship to any native Of
China" and con fors suffrage on citizens only.
Finally a special article OF four sections is de-
voted to the Chinese The second OF these ab-
solutely prohibits corporations formed under
the laws OF California from employing Chinese.
What shall we say OF State Constitution I'M
dertaking to prevent corporations already
formed and operating from employing par
ticunr class Of laborers The third section
iorbds the employment Of Chinese on public
works. except in punishment OF crime. The
fourth section declares dangerous the presence
OF foreigners Ineligible to citizenship.
Thus this instrument first prohibits certain
kind OF man from becoming a citizen. then
exacts poll tax Of him. and finally stamps him
Dangerous" because he is Ineligible to citi-
zenship. 1t is not surprising that the new Con-
sttution afterward declares that the Legisla-
ture shall also provide the necessary egisla-
ton to prohibit tho introduction into this State
OF Observation-Disclosures Congress may do on this
subject. The Legislature is also to delegate all
needed power to municipalities to remove
Chinese from their limits or conflne them to
designated quarters within these limits.
Tho two dozen sections designed to correct
the abuses OF corporations form highly i'm
portant part Of the proposed Constitution. In
general. these provisions follow those adopted
| for the same purpose in several Mississippi
Valley States and also partially in Pennsylvania
| and elsewhere. Ii is provided that corpora
| tons must DO formed under general laws. not
| special acts. and the State never made cor
poration stakeholder; that trustees and di-
rectors are liable for embezzled 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 GER
| tain specified ways.
Transportation companies are forbidden to
discriminate in their charges for freight or
passengers. but excursion and Communication
tickets may be issued at special rates in other
respects. the charges must be uniformly pro
| rata for distance. The Railroad Commission
ers are the only persons holding Offices OF trust
or profit in the State to whom FREQ passes can
be offered. and besides the punishment OF the
company issuing free passes. the acceptance
works q forfeiture OF the takers office. That Is
an excellent provision; so are others aimed Mt
wheels within wheels and rings within rings.
| iorbdding officers or employees OF the COM
| pany from being personally interested in fur
nishing 1t with supplies. or being engaged in
the business OF a common carrier. II a railroad
| once puts down its rates for the sake OF compe-
| tition with another common carrier It cannot
| put them up again without the consent Of the
| Railroad Commissioners provision designed
| to check the trick OF breaking down legitimate
| competition by tremendous sacrifices. and then.
| when monopoly is secured. putting up rates
| higher than ever. The Railroad Commission
| ers are to have enormous authority fixing all
rates for freight and passengers. examining
accounts. hearing and deciding complaints.
and having many powers OF courts OF record.
A company breaking or evading their rcgula-
tons is to be fined at least 10000. An officer
or employee who demands more money than
the established rate is 10 be imprisoned for
| time not exceeding a year. and fined a sum not
exceeding $4,000. 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 tho grasp OF corporations. and the
stockholders OF corporations against their own
official thieves and despoilers.
The revenue and taxation system is third
| SUBJECT III WHICH vast anu uoItulouS cuhuEts
have been made. In general it may be said
that the purpose and effect Of the new provi-
sions are to make taxation bear more heavily
than ever on capital. presumably with view to
| tightening the burden upon labor. Church
| property is swept bodily into the taxable pool
all property is to be taxed except growing crops
and city State. United States. and school prop
erty. Mortgages are taxed. with some details
worth the examination Of those interested in
California mortgages. Railroad property is TO
be assessed by a State Board OF Equall2aton
and then apportioned to the counties and towns
| through which the roadbed passes. Income taxes
may be collected by laws hereafter to be- made
from persons. corporations. joint stock assocla-
tons or companies resident or doing business
| In the State. We should say that the new Con-
sttution does not intend that taxation shall be
equal in fact. it removes the old words rcquir-
ing II to be equal and uniform Its theory
apparently is that those best able 10 pay should
pay not only tine greater part, but even more
than their proportion.
All the foregoing subjects are Of interest to
people IN other States having business relations
with California or capital invested there To
these may be added the provisions putting teo-
graphs, gas. storage. and wharfage far rs
concerns public use Of them. under legis-
lative rates for their use; and. again. the p"o-
visions directing the Legislature TO regulate
stock -lobbng Of all sorts. with the express con-
diton that " all contracts for the sale OF shares
of the capital stock Of any corporation or asso.
citation on margin. or to be delivered at n future
day. shall be void" and the money paid on them
recoverable in court
Besides these. there are many remarkable
changes in matters more strictly local in iutcr-
est, for the proposed Constitution Is n long and
elaborate document Among these We may note
that lobbying IL hereby declared n felony"
aud, rs such 10 be severely punished; that
three fourths OF jury may render n valid vcr-
dict in civil trials and the Jury itself may be-
fewer than twelve. II the parties agree. while in
minor criminal cases. not amounting To "A fell
onv, 10y the same agreement IN open court jury
trial may he waived; that witnesses shall not
be confined with prisoners nor persons i'm
prisoned for civil action for forts except in
cases Of wlltul injury that n person convicted
OF embe22ng public moneys shall loso forever
his citizenship.
Among the political regulations the Governor
Is made Ineligible 10 the United States Senate
during his term OF otice the salaries Of the State
officers are fixed in the Constitution which seems
ashort-slghted Arrangement; the Governor may
veto particular items in appropriation bills; the
| elections Tor the Legs ature are changed from
September 10 November. after the present
year; convict labor Is not to be let out by con-
"a il ~ ma rod