Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-01-31

tute that any person employing such aliens shall be
liable for the tax due.
Mr.. BRAUNHART said there was no necessity for il,
and the gentleman withdrew it.
Mr.. GoRLEY said if the gentleman who introduced
the original bill and the gentleman who introduced
the substitute would withdraw them and take his
bill II vii! carry through, and will hold water.
Mr.. CAMERON said this was a subject of great i'm
portance, and it ought to be well matured. The
committee have duly considered it, but from his
own experience he had found that the only way to
get the tax was to make it monthly tax, because
the aliens can never be found with $50 in their
pockets aud the only way would be to make it q
monthly tax and divide it up He did not believe
IN excepting any class of aliens. These people do
not render military service: they do not have any
interest in our civilization, any interest in COM
mon with ours. He believed it was right to tax
them to this amount. They built no houses and do
not spend their money here He believed it per-
ectly right TO tax them for the support of our free
schools.
Mr.. SwEETLASD said he believed it necessary to
pass bill of this character. The Chinese have
never been known to colonize country. They will
get all they can and then leave. Any law that we
can pass 1t is the duty OF every American citizen
support it.
TOO MANY OFFICERS.
Mr.. MCCARTY said the committee had deemed the
substitute better than the original bill He thought
that the original bill provided for too many extra
Collectors, and for that reason the committee had
done away with that portion Of it. The ordinary
Collectors can as well do that work. As to
the amount of the tax, the matter NAV be
overdone, and he desired in good faith to make a
law that could be executed, and the committee
therefore fixed the amount S25 for the first year
and $50 for the second year The result of such
law will be that if the wages are decreased, blow
is struck at their importation. y believed it to be
right and proper. He hoped the house would, with
out regard to party, join in and make a bill that
will have some good effect. The substitute, he
thought, ought to prevail.
Mr.. FELTON, hoped Mr.. Maybell would withdraw
the original and all JON hands this bill. The
hos lCnna of of tha ahl
men on the floor.
has THE STATE THE POWER.
Mr.. BENNETT said there was no doubt as to the
sentiment on this question. There was only one
place to strike at the evil and that was through the
General Government. He opposed this bill and did
not believe in prosecuting them of the country
The United States will not allow them to be driven
out by persecution. 1t will only raise up friends for
the prosecuted race all over the country, and he
did not believe in it. If California to day passes
laws which will be unusual burden upon the
Chinese, it will have the effect of raising up friends
for them There is no use in Disgusting the matter.
This bill is aimed directly at the Chinese, and the
higher Courts will sit down on the proposition. IL
the principle is correct, the original bill is better
than the substitute. But the entire thing is wrong
in principle and will work injury instead of good
Persecution never did acc. mplish any reform He
wanted to get rid Of them, but not by persecution
which will thwart the very objects which we are
striving for.
Mr.. MESSENGER was in favor of taxing Chinese as
any one. We must go about it the right way.
TwentyfOu dollars is enough. Ii We undertake to
collect $50 We will never get enough to pay cost.
would be in favor of referring this bill back to the
committee to get up better one
AFTERNOON SESSION
THE MORAL AND SOCIAL PEsTILRNcE
Mr. ANTHONY did not consider that there was any
thing in the substitute. 1t would be well, he
thought, to consider everything connected with the
subject once aud for ALL The subject under discus
sion shOuld receive careful consideration When
gentlemen say that cannot pass any law contrary
to the Constitution OF the United States he begged
leave to differ with them. The committee is a unit
i'll favor Of the measure. The people expect that
some law shall be passed to govern this great ques
tion. The Constitution OF the United States and of
the State ought to govern the actions Of every
member and he did not propose to be governed by
the opinions OF any one as TO the meaning OF those
Constitutions The State has certain ed rights,
and he wa in favor Of exercising thoEe rights He,
too, opposed to persecution-no such thought is
in the mind OF the people. But the Chinaman has
been the means of prosecuting humanity, and to
crush out the liie-bood Of the State. They
robbing the laborers of subsistence. They the
Cinnamon, are the ones who have done the perse-
cutting This money is to go into the school fund of
the State Why should they not do something to
support education. They pay no property tax. and
there Is nothing wrong in compelling them 20 pay
this poll-tax He believed in State sovereignty as
far the munIcipal rights OF self-protection The
State has the right to protect herself.
NOT UNCONSTITUTIONAL.
Mr. MULHoLLAND SAID the question seems to be
the constituonality of the law in reference the
Constitution of the United States. He glad to
see such devotion to that Constitution. We are he
said, living under two Constitutons-the State and
National. Ii is sometimes necessary to do uncon-
stitutional things There at Lexington,
another at Bunker Hill, and the crowning one at
Yorktown. There never issued more uncon-
stitutIonal measure than the Declaration of Inde-
pendence The Irish nation had, in early days. vio-
lated the British Constitution by electing member
to Parliament. He rejected, but they elected
him again and again, until finally he admitted.
Now nations grow and as new condi ions arise it is
necessary to have new provisions to meet them.
Now who shall decide what is constitutional not
His view was that he might do anything he pleased
in making laws until the Constitution of the United
States interpreted by 'he United States Court says
they are unconstitutional. Then he would give in.
As to devotion to that high instrument he would
hold up crippled hand to show what his sent-
ments were But that instrumei is not an IRON
hound chest. Let these laws be passed. and when
the highest Courts declare them unconstitutional
then it is time to try some other way.
THE LEGAL ASPECT OF THE CASE.
Mr.. DEL VALE believed that the State has
right to legisate this matter. He had never hes
itated to state that he worked against the present
Constitution. But when that adopted he be-
came an advocate of the law, and on that promise
he had been elected to represent the people He was
was without prejudice and ehere for the purpose
of carrying out that instrument That Constitution
says the presence of foreigners, Ineligible to be
come citizens, is dangerous to the welfare Of the
State He quoted at length to show what the Con-
stitution means The Constitution says the pro-
visions shall be enforced by appropriate legislation
There he found the whole principle. Under the
decisions Of the Supreme Court OF the United
States, the State has perfect right to prevent
those people from coming to these shores. The
State has he power to exclude class that is dan
gerous to the wellbeing OF the State He cited the
decisions of the Supreme Court in various cases.
forty his position, notably the decision IN the pas
senger cases. The Court says the people may
guard against anything which corrupts the morals
and endangers the welfare of this State. This
is a great moral cancer which will soon
eat the heart Of this great Golden State.
He denied that the State would be censured by the
Government for their action in this regard. We
have already incurred all the enmity we can. The
State has received nothing at the hands of the Gov
ernment in answer to ouF appeals. We have asked
relief, and the Government failed to give that
lief. They have bowed to the Emperor Of China,
| and refused U.s. The people OF the Atlantic States
say that it is question which does not effect them
and refuse to aid us. He could wish that these
Chinese coolies would go over to those gentlemen
vino have such love for them, and then would
hear howl from there Our Constitution places in
our hands that authority by which we must help
ourselves We are compelled to take action, and let
the Supreme Court of the United States say to us
that we had no right to pass such laws. But are
legally entitled pass these laws. 1t matters not
whether legislation is direct or indirect we have
the riQht The speaker then proceeded to
review the moral and social sides Of the question:
of us. Justice Is thwarted at every step when
of their own number is under trial. There can
never be any fusion between the races. 1t is mat
ter OF self protection and under the decisions Of
the highest Courts in the land the state has the
right 10 protect herself and her people from utter
annhilation. The binese try and punish crime
among themselves, in defiance of the Constitution.
The exercise Of that power is treason in every
Of the word. They corruption to the youth of
our country They constitute moral pestilenee
which must be eradicated, and we have the right
now to proceed and do it. We are backed by a
unanimous people, and by the highest Courts Of the
lanu.
Mr.. ADAMS agreed with every champion Of the
bill. 1t has cost the State $780, and he could
not see where tine discussion comes in. He guaran-
teed that there were not two Republicans on the
floor that would not vote against it. and there was
no u, in talking as some OF the gentlemen have.
He did not see whv time should be taken up when
the house is unanimous and he would call for the
previous question, which was carried.
The question being the substitute, the roll was
called and the substitute adopted by the following
| vote:
| Ayes-Adsms, Anthony Bass, Braunhart, Brown
OF SOnoma, Brown OF Yuba, Bfusie, Burns, Cam