Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-02-13

any individual or corporation who has not the capac
ty to supply the entire city with water. For in
stance, men could not sell water from artesian wells
1t was intended TO shut out competition, and bv
these provisions to capacity effectuay accom-
pishes that object. He declared that this bill was
drawn apparently in harmony with the Constitution
but by dexterous changes had very different mean
ing. He denounced the principle as bad that would
tax all property whether benefited not, for the
of water. For instance, there are thousands Of
men who do not use water from the companies
They have wells, and furnish their own water. And
yet it is proposed TO tax them TO maintain the water
works in which they have no interest. This bill de-
clares all property benefited, although it may be 3
mile away from any water main Property in the
suburbs of Oakland situated at such an altitude as
to be inaccessible, must pay tax to supply their
neighbors with water. It does not benefit the con-
sumer for it is proposed by this bill to raise the
amount which these companies may charge, and
while the poor mans rental for waeris not reduced
property has to pay additional tax, which tax in
the end must come out of the poor mans pocket
for the landlord will increase his rent accordingly
1t was excellent law for the corporations, but not
for the people. He discussed the question at con-
siderable length dissecting the bill slowly until the
enacting clause according his showing was about
all that was left OF it.
Mr. MAY declared himself in favor of the broad
principle that property should be made to pay a
portion of the water bills. He was by no means in
favor of this bill without amendment. But the
gentleman had shut out all amendments by moving
to strike out the enacting clause The principle
contained IN the Dill Is rlSnt Dut the uetaiiS are de-
cidedly wrong. He believed the time had come
when the water tax should be divided between the
consumer and the prOperty-holder. The time has
come when mans water costs him more than the
-four consumed by his family, and for such state
OF things it is the duty of this Legislature to pro-
vide remedy. He himself had to pay S66 year
for water, and he wanted relief and he wanted
some OF the rich men to share that burden with
him. He cited other large cities in the country
which have the proposed system, and it has been
found TO work well and fairly upon all classes.
Mr. FINLAYsoN said he thought the bill bad one.
He would not vote for it, But he thought the author
ought to have chance to amend 1t, aid he moved
that the committee rise report progress and ask
others on the subject.
DIR MAyBELL objected to any postponement OF the
ma ter. Reference had been made TO the lion and
the lamb lying down together. Ii was more than
probable if they did that the lamb would be found
inside of the lion in the morning. The proposition
that property should pay half the tax was not
good one. No matter where the tax is placed it will
be paid by the consumer eventually. II is like
shifting the load the camel from one hump to the
other. The camel carries the load all the time
The Constitution gives to municipal corporations
all the power they need. They are the best judges
as to what management shall be exercised and the
local Boards best determine what the people
want. The bill here is bad one, and ought not to
be passed. The title reads "Spring," and the tail
reads valley and that is all the bill amounts to.
1t is Spring Valley from one end to the other is in
the interest of that company and not in the interest
of the people.
Mr. McDADE was in favor of striking out the en-
acting clause of the bill He thought in violation
of the Constitution. The regulating power is dele
gated by the Constitution to the municipal authOri
ties. The present rate is per cent the invest
ment, and this bill proposes to increase it to per
The least that be done is to give the Con-
sitution a trial But this bill proposes to take away
the power which is conferred upon the Board Of
Supervisors and allow the Legislature to say what
the rate shall be. The provisions of the Constitu-
tion are wise, and ample to regulate the matter
and the people of San Francisco know
better what they want than anybody else
These water companies seem to be afraid
Of the provisions of the Constitution or they would
not try SO hard to evade them. He was opposed to
any postponement. The members have made up
their minds and are ready to vote at once The
people of San Francisco have not asked for the
enactment of any bill of this kind
Mr.. DU BRUTZ said this bill reminded him of the
white man and the Indian who were out hunting
The Indian killed turkey and the white killed
buzzard. The white man said, "Now, / will
take the turkey, and you take the buz-
zard, or you take the buzzard, and l
will take the turkey" The Constitution gives the
local Boards of Supervisors power to fix the rates
on water. This bill proposes that the Legislature
shall fix minimum basis upon which these rates
shall rest. The Board OF Supervisors can go and
fix rates. but they must place those rates within
the maximum and minimum bounds prescribed by
this BILL that in effect, the powers delegated to
the local boards by the Constitution taken away
Since the advent of this bill ne could that the
early repeal OF the Rogers Act was not meant for
nothing He was radically opposed to the bill
Mr.. YOUNG, in lengthy argument, in which all
the constitutional and legal propositions freely
discussed put the bill through very caustic
examination. He laid it down a legal proposition
that the Constitution must govern and that this
bill would be at least evasion OF the mandatory
provisions of that insti ument. The bill proposes
contravene not only the letter. but the spirit OF the
Constitution, although it is very ingeniously drawn.
In inst enOuth q truth honest
appearance when in fact it is the very embodiment
Of If there anv two things that should be
free to man. they water and air. But If this bill
becomes law, then it will be but one step to the
next proposition that a man shall be compelled to
pay for the air which be breathes His argument
went the constitutional provisions governing in
this matter, and the causes which led to their
adoption He was believer in the proposition that
cities should own their OVID water works.
At o'clock the committee rose and the Assembly
took recess.
AFTERNOON SESSION.
On reassembling Mr.. CANRoS moved that the As
sembly 90 into Committee OF the Whole, to further
consider the bill
A PERSONAL EXPLANATION.
Mr. FoA-Mr. Speaker, l hope thi: motion will not
prevail. This bill called up at a time when no
one had any reason to suppose that it would be
called up. 1 was informed by the author that he
would not call it up The nature of the discussion
this morning, and many things which have tran
spred since the commencement of this session. rem
der it but just TO myself that | should
have an opportunity to be heard in vim
dicating myself before this House, and show
YOU how | stand upon the general prin-
cipes involved in the question. | claim the
right, after what has transpired in this House. to
fair opportunity to show you how |, who have been
pointed at by Gentlemen since this Assembly opened
as the attorney Of the water company, stand upon
the question of water rights and the power of the
Legislature and of municipal corporations over
them. The Committee of the Whole is not the place
for me to do it. Now | ask that the committee do
not sit again until | shall have am opportunity to
make argument which will place me fairly before
this House.
Mr.. DEL VALE saili the only question before the
House was as to the merits Of the bill. He al
ways ready at moments notice to explain his po-
sition on any question, and he was opposed to any
delay.
The motion elected considerable discussion.
Mr.. ADAMS moved to postpone the conside ration
of the bill He did SO OF courtesy to the gentle
man who desired it, He himself was opposed to
the bill, and had been from the time it first made
its appearance, and intended to vote against it.
Mr.. CuTHBERT hoped the motion to postpone
would not prevail He did not wish to cast any re-
Elections or impugn any mans motives. He be-
leved that the members on the floor were all hon
orabe men, who have the interest of the people at
heart. They are not made Of the kind OF stuff that
can be Influenced in their actions by any considera
tons outside OF public loyalty. But he opposed
to the BILL believing the principles to be wrong and
in favor of taking the bull by the horns and
ting the matter at once and forever.
THE HOUSE REFUSES
The ayes and noes were demanded, and the AS
sembly refused, by vote of 80 to A. to postpone.
The Assembly then went into Committee Of the
Whole Speaker pro TEN. FRASER the Chair.
Mr.. YouNG fin shed his argument, which had been
interrupted by the hour for recess.
Mr.. Fox spoke at length, defining his position
clearly upon the question He regretted that
amendments had been cut off, for he had already
prepared number of amendments 10 the bill He
But most of the Objectionable features referred to
By the opponents of the measure were included in
the amendments which he had prepared. For in
stance the section in relation to the capacity of
peting companies was wrong, and in his amended
bill he had stricken that He desired to have
chance to amend the bill to bring it into har
mony with the views Of the people. But there
seemed to be determination on the part of some
to strange the bill whole, and by preferred
motion TO shut out all amendments. He said that
gentlemen constantly ringing the changes on
the word corporation" Generally he had no re-
ply to make to personal attacks, preferrng to let
them fall harmless at his feet. But he owed it to
his friends define his position these questions
He placed himself squarelv and unequivocally on
record being in favor OF the creature be-
ing under the control of the creator. The
people have, and should have, the power
to regulate corporations, and would
deny it. The Constitution says that municipal cor
porations shall regulate the price Of water; but it
left with the Legislature To provide the mode and
manner Of doing it. But he unhesitatiugly said
that corporations have rights which must be re-
spected. He was not one to make war upon aggre-
gated capital, which aecomplishes great enterprises
He believed in fairness and justice to all parties.
This Legislature must pas some legislation upon
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