Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-02-27

property viii be assessed for every dollar II might
bring in the most favorable market. This broad
distinction is set up an. penalty is inflicted Tor
holding property in corporttion This in prasiiee
will operate broad encouragement 70 the asso-
citation OF capital in corporate forms. After all,
what are these corporations which Of late have be-
come such bugbesr in the community,
and why arc they the ueyer-ceasing object
of attack? AS or myself cannot see
any just grsund for the prejudice SO uni
vesal and ior the hcsti ity which every where finds
expression in respect to corporations Let us an
alyze little and whether right reason jusities
such senselcss raid. / appTehend that the pre-
ludlce against corporations arises not from what
modern corporations do fail TO do, hut from that
just and proper hostility which has been handed
down to Us ffon form.r generations, 20 monopoles
granted by the crowned heads Of the world 10 Ia
Foi1te subjects possessed or devoid OF merit ana
OF ooedlence to the imperial whin. rs elVlzatlon
has advanced as representative authority las been
extended as law has gradually obtained sway, the
monopoly Of ancient days curtailed by ie2isla
tive authority and that, too, against the protest OF
the crown The exclusive right in the SGte granted
to one individual or to limited number OF lndi-
.viduals to deal in particular luxury, or even
necessity OF life was justly odious; and 1t IS sur
prlsng to US of the present that an attribute
OF sovereignty, il retained its power through so
many generations. When paramenis undertook to
curtail the powers of the crown, they from time to
time also curtailed the eXclusiveness Of the prvi
leges granted to subjects. Monopolies granted by
Parliament crossed the Atlantic with forefathes
and tended to the establishment of class caste, and
OF course, aroused all the antagonisms OF the many
who had dealings with the monoposts and were eX
cuded from the privileges which the few enjoyed.
Since the revolution there has been steady and
gradual restriction and limitation put upon what
may be termed special privileges, until in the pres
elt day doubt whether there Is Constitution OF
any State in the Union which allows an advantage
to any one class which anoth may not enjoy
| under like circumstances. Formerly franchise
was sort Of indeiinabie thing that possessed
| value, its value not depending upon the
| tangible properties used in the enjoyment
OF the franchise but upon the excusiyeness of its
| privileges. We talk now, and the Constitution
talks, about franchises as ii were antediluyans
There is no corporation ia this State at the present
time, nor has there ever been, which worth any
in and OF itself than it cost to file the articles
OF Incorporation IN the public offices as provided by
law There is corporation in the State to-day
merely such, stripped of the property possessed
by it and the brains that operate it. that would sol
under the hammer for one dollar. Nothing remains
to corporations OF the present age in this country
far constitutions and law deal with the subject,
that has the slightest resemblance to the earlier
times monopolles which they have supplanted.
| They created by law and controlled
and regulated by law, and all tue privileges
| they coIfer are alk open to all. Dissolve
one of them i'll the modes pointed out by
| the statute, and what remains hut their
| tangible property? Make auction and what
would be offered for sale but its tangible property
Corporations really convenient methods of asso-
cating labor and capital OF associating different
kinds OF labor. To illustrate the Of quartz
| claim pass his title thereto 10 corporate II
| organized for the purpose of constructing the
necessary works and developing the claim. Those
whom he associates with him agree to furnish-some
| of them money and others labor-and each has
| issued to him paper, showing how much his in
terest is i'll the venture. What proprety or equity
is there in first assessing the mills constructed by
this corporation second, the mine, and then in adj
dtion those pieces of paper which evidence the rea-
tive extent of interest which the parties hold In the
| general property? What new form has the prop
erty taken on that should subject it to different
rule of assessment from that which would have oh.
tanned had the property remained in individual pre-
| prietorship!
But We are told that the new Constitution com
mands us to adopt the views and methods recon-
mended by the minority. To this | answer that
do not believe the people, in adopting the new Con-
stltution, understood 1t, nor intended to make
any such inequitable or unjust rule. Not being
| learned in the law will not attempt to harnOt ize
the strange provisions cf that strange instrument.
prefer rather to be guided by that Of justice
which places ali citizens, all classes, high or low rich
or poor, on an even plane.
| Ar. President, | have listened nearly every day
since the Legislature convened to dissertations and
discussions as to the true Interpretation the
| Constitution. l had thought before coming here
| that the subject had been rendered threadbare in
the hands of editors and orators while the canvass
was progressing that preceded its adoption. Dire
! caiamities were predicted, whatever might be the
! fate of the new instrument. / think | may safely
say that very large percentage OF the intelligence
of the State, and OF those representing its material
/
servatiye class upon which the preservation of States
so largely depends was satisfied with the funda-
mental law under which the State had been Pros
porous. In my Judgment some of th. results pre-
dictei upon the adoption OF the new Constitution
are being, and are likely to be realiz d. There is
abroad quiet, unpronounced distrust in the sta.
tility Of California affairs. There is deep seated,
bat not utspoken sentiment If lack of confidence.
There is want of respect Tor law and order; there
is seHse of insecurity to bOsh persons aGd prep
erty, which has taken deep hold upon the com.
murity. The leading papers Of the old States pub
lished in the bess-rggulatgd communities speak O
California as decaying and disturbed province, where
property is insecure life is held at low value, and
where anarchy may become spontane0usat any time.
he effect OF convictions like theses to take out OF Cal
ifOrnia many OF the men who have done most to de-
velop her resources and who made her what she has
| been in the past-the admiration of the age. Her
pioneers and her earliest settlers, who by their
terprise and economy have done so much for the
State, are contemplating with how much Of Their
! honorably-acQuired means they can take their de-
parture from the uncertainties which they feel
round them here This spirit of change, radical in
its character, cropping out in fundamental law, as
| is too often the case is mistaken for reform. Re-
forms be effective and OF any value, not the
work OF hour, nor the fruits OF violence. 1t be
hooves this Senate regarded as is and always has
! BEEN as the conservative branch of the Govern
ment to deliberate mos. carefully and TO weigh
with all the judgment at its Command the principle
upon which is to rest the 0dIous rules OF taxation
| II behooyes us, as Senators, TO pause and weigh
that we may do what in US lies to restore tranquil
litv to give confidence TO business enterprises and
| to pronounce ou condemnation OF any scheme that
will operate inequtablY and unjuStiy. No good
citizen objects topaying his just proportion towards
d.fraying he expenses OF the Government which
| protects him in life, liberty and the pursuit Of
happiness No honest man will seek TO escape con-
! ttibutng in proportion to his means towards de-
! fraying the expenses of that protection which he
has right to expect nGny wcll-Ordered community
1t is our duty to frame law upon this subject that
will make the properties of the county, according
| to their actual and not their falcled values pay
| their lust proportion for the public uses.
1t was but natural to suppose that there would be
diversity OF opinion in respect to the question under
consideration II is too much for US to arrogate to
oursely es the power to evolve perfect system We
shall have acted well our part in my opinion, il we
| are able to bring on TO the assessment roll,
| and up to their values, those large bodies of
| land that have contributed but nomnally
towards the support of Government, and
especially if should be able TO bring within reach
Of the Tax Collector the hundreds OF millions Of
money and mortgages and solvent debts, which
| have heretofore evaded taxation and thereby led
directly up to he constitutional revolution which
has recently so agitated the public mind. These
objects attained by this Legislature. if nothing
more he accomplished, will tend 20 allay the public
discomfort and restore that confidence which has for
many months been on the wane.
| ] entered upon the consideration OF this subject
from the first, impressed with the controlling con-
vction tnat if the results could be effected which
in my opinion will be carried out by Senate Bill No
| go all would be accomplished that ought to be ex-
pected at this session Of the Legislature. II the
provisions OF this bill are rigidly and honestly en-.
forced by the Assessors and lax Collectors charged
4 with their execution much will have been re-
allied any reasonable citizen had a right to
expect This Is not the last Legislature that will
convene and deal with this subject. Our errors may
| be corrected. and our shortcomings will be made
manifest by experience In less than one year there
| will be another session OF the Legislature which
will have the benefit OF the practical workings Of
the changes we have made in the revenue system,
as well the advantage probably Of judicial in
depreciation of the clauses OF the Constitution bear
ing upon this subject. About our right under the
Constitution, to 20 as far as Bill No. $50
proposes to go, there seems TO be no difference of
| opinion. Pass beyond those limits, and into the
domain of constitutional doubts and uncertainties
and you open the field and invite to enter those per-
sons who might feel that they had been wrongfuliy
brought within the purview OF revenue law, and
litigation may follow obstructive to Assessors and
Tax Collectors, which would seriously leopard re the
realizing Of any revenues and hence place at hazard
the means Of carrying on the Government
Mr.. WENDELL followed on the side OF the minority
| BILL
At 1890 P. N. the Senate took the usual recess.
AFTERNOON SESSION.
The Senate reassembled at 1:3o P. NJ, President
| Mansfield in the chair.
Ri called and quorum present.
The Senate resumed consideration Of the bills on
| taxation.
| Mr.. WENDELL continued his remarks in favor OF
! the minority bill.
! Mr.. ZUcK followed on the other side
\ tNsng 70 he f,-rt1 t1nro