Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-04-08
CALIFORNIA LEGISLATURE.
XIII. Observation-Disclosures DAY
lPhonographicaIy Reported for the RECORD UNION
by Willis & Stockholm
SENATE.


MIR. JOHNSTON called attention to the bad conduct
OF one OF the Pages of the Senate and the Chair was
authorized to appoint committee to investigate the
subject.
The Chair appointed as Committee of Free Con-
ference Senate Bill No. ia Messrs Hittel, John
| son and Nye.
Mr.. DAVIS presented and had read from the desk
telegram signed by adj OF the Board of Aldermen
of Marysville in favor of the passage of Assembly
| Bill No. 534-An Act to promote drainage.
THE DEBRIS BILL.
The Senate then resumed consideration of Assem-
| bly, Bill No. 53i-An Act to promote drainage.
The following amendment offered last night by
Mr. LANeFoRD, was rejected by vote OF 16 ayes to
| % noes:
Mr.. LANGFoRD moved to amend Section by strlk-
ing out after the word 'the," in line of printed
bill, the words Governor shall appoint" and in
serting IN lieu thereof the following: QUALIFIED
electors of said district at election called by the
Governor for that purpose shall elect by ballot"
MIR. GoRaAN offered an amendment to Section "a,
| to conine the work to this year.
The amendment was lost.
| Mr.. WEST moved to amend Section 16 line = by
striking out not to exceed and insert /" Of SO as
to fix the amount of tax at onetwentieth Of one per
cent on the value of the property. Ii that amend
ment was not adopted it would allow the tax to be
almost nothing in some districts.
MIR. JOHNSON said he would not have any objection
to the amendment if he believed it to be constitu-
tional. He not satisfied that point, while it
was the opinion OF many attorneys that it would be
unconstitutional. He was therefore opposed to the
amendment.
Mr.. RowELL favored the amendment. He did not
| believe it to be unconstitutional.
Mr.. SEARS favored the amendment.
Mr.. JOHNSON said that further consideration
the friends of the bill had to the conclusion
that the amendment was not unconstitutional, and
| they had no objection to it.
| Mr.. WATSON believed that the amendment could
| do no good. He believed the Commissioners could
be trusted to carry out the section in good faith 1t
was to the interest of all parties to carry out the
tatr
it vas at least the best that had been offered He
| believed the bill to be a good one. II the oppo-
nents of it did not think so why had they not pro-
posed something better These amendments had
all been of frivolous character and would not bene-
fit the bill. He did not believe the present amend
ment would benefit the bill.
Mr. DAVIS gave the reasons why the restrictive
words sought be stricken out were put in the bill
1t was deemed necessary for the protection of the
districts. He was not entirely satisfied that the
amendment constitutional, but he had no OBJ
lection to its adoption.
The roll was called and the amendment adopted,
by vote of q ayes to 10 noes.
Mr. WEST moved to amend Section 81, line 3, by
striking out after the word "taX" the word "of, u
and insert the words "not to exceed" This was to
| apply to the tax levied on the State at large.
Mr.. DICKINSON opposed the amendment. Section
16 had just been amended to conform to Section a.
and now the gentleman proposed to put into Section
"a the exact words stricken out of Section 16 IL
those words were not good in place they were
| not good in another
| Mr.. DAVIS also opposed the amendment. The
! Legislature was the best judge of how much tax
shall be levied on the State at large. The amend
ment would leave it entirely to the Board of Equal
| ization.
Mr.. CHENEY held that the amendment would make
| the section entirely nugatory Under it no tax
might be levied at ALL 1t would give the Board OF
| Equalization too much scretion.
Mr.. SEARS admitted that if the amendment was
adopted it would cripple the BILL and might prevent
| its successful execution. He felt that this was
question of State and even national Importance and
he was willing to the State at large do its share
to avert the danger to the valleys He believed that
the people of the State willing to contribute 81
out of every 81, 900 10 try the experiment He was
| opposed to the amendment.
| Mr. WEST claimed that the amendment was neces
sary. He wanted it left so that less tax than one
| twentieth OF one per cent might be levied in the
| discretion of the Board of Equalization.
| Mr.. HTrELL took occasion to say that he was
| opposed to the bill in its present shape He had
had the pleasure and the honor to visit Marysvile,
| Smartsville, Grass Valley and Nevada, and saw
| the damage that was done by the debris from the
| mines He recognized the fact that great damage
was done and thought that something should be
done to remedy the evil But all that should be
| done at present was merely an experiment-say at
\ the place where the Yuba river comes out of the
| foothills. He believed that dam could be built at
that place. He would be in favor of bill to provide
| for the building OF such dam, bu: he opposed
to bill such the bill before the Senate, which
attempted entirely too much, and which, in his
| opinion, would saddle upon the State for an in
definite period system, unequal and unjust in its
operation and wrong in many important particulars.
| The roll was called and the amendment was lost
| by a vote of IL ayes to %
! Mr.. SEARS moved TO amend Section II so to
conform to the amendment adopted to Section 16.
| The amendment was adopted.
| Mr.. RowELL moved to amend Section "a so as to
make the State tax ''one-forteth Of per cent,
instead % one-twenteth OF per cent" and made
| the same remarks in favor Of it as ON the other
| amendments offered.
| u .ro.,N sod fIao IY,,ar,t
The roll was called and the amendment lost by a
| vote of l6 ayes to 20 noes.
| Mr. ANDERSON moved to amend Section so as to
provide Tor the appointment of resident Engineer
and fix his powers and duties.
The amendment was adopted.
| Mr. ANDERSON moved to amend Section 10 by
adding the following: Provided that mines COM
monty known as river, ravne or placer mines shall
tion.'
The section reads as follows
"Section 10. tThe owner orl owners, or the manag.
ing agent OF every hydraulic mine, any mine
using water to wash the earth or ores for mining
purposes which mine may be embraced, in whole OF
in part within any drainage district to be formed
organized under this Act and all mines the waters
from which carrying slckens, sand or debris there
FROM runs into aLy such district, shall on or before
the first day Of july A d. $780, and every year there
after at the time required for rendering statement
to the Assessor for the purpose of assessing for State
and county taxes render to the Assessor of the
county in which the mine is located, state.
ment showing the number OF miners inches OF
water (of tweuty-four hours rum used by the mine
of which he is in whole part owner the manag-
ing agent, for the preceding year ending the first
day OF March next preceding the rendition Of such
statement. The statement Shall include, also, the
| name and description of the mine. Upon the re-
| ceipt of such statement from the owner manag
ing agent OF such mines, the Assessor shall enter
the same, in separate column, in the duplicate
assessment book provided for this Act, so that il
will show the number of miners inches Of water
such mines within the county for which he is AS
sessor"
Mr. ANDERSON spoke in favor of his amendment
The poor miners working with little sluice-boA
could not afford to pay this tax. They only make
IS or Sc day, and it would drive them all out
Mr.. JOHNSON opposed the amendment He wa:
not in favor of exempting any miner who was assist
ing in doing this damage from paying his share O
the tax.
Mr.. HILL favored the amendment. He was il
favor of allowing these poor miners to use as mucl
water as they desired without being taxed for 1t.
Mr.. BROWN favored the amendment. 1t would
cost to collect the tax than would be received
from it.
Mr.. ANDERSON again strongly urged the adoption
of the amendment He thought it absolutely neces
sary
Mr.. WATSON did not think the amendment neces
sary. The Assessors would not tax these small op
eratons. He did not wish any of the miners to shrl
any of their share of the taxes.
Messrs. RowELL and LANGFoRD favored the amend
ment.
Mr.. WEST could see no reason for making a dis
tinction in favor OF poor miner any more than
poor farmer. These poor miners spoken of wer,
sending down their share OF debris.
Mr.. BROWN moved as an amendment to the amend
ment to strike out the words ' or any mine" in in'
two, that it would apply only to hydraulic mines
Mr.. DAVIS did not object to that amendment, bu
he did object TO the amendment offered by MI. An
derson. The Legislature had no right TO exempt
any person from taxation.
Mr.. CoNGER was Opposed to the amendment. Il
was an attempt on the part of the miners to shirl
their share OF the taxes. They were doing the dam
age and ought to pay their share of the expenses
MIR. PARDEE favored the amendment. He would
be glad to exempt all poor people.
Mr.. JOHNSON was opposed to the amendment. The
miners ought to pay their share of the tax. The,
had made their money on the ruin OF the people o
the valley. He wanted it understood that this bill
did not suit him. He only supported the bill as
compromise measure, being the best that W,
could get this winter. There was point to which
he would not go. Exempt the miners from thei
share of this tax and there would be more vote
against this bill These miners had done the dam
age ought to pay their share
Mr.. CHENEY made a hot personal reply to Mr.
johnson He denied that the debris came from thu
present mines. The damage had been done fifteen
years ago. He would oppose the amendment
MIR. GEORGE opposed the amendment offered b-
Mr.. Anderson. He had been inclined to favor th,
one offered by Mr.. Brown more from policy thar
anything else because he did not believe the ia,
could be collected on these suce miners Taking
the whole view Of the case however he was oppose,
| to the amendment.
Mr.. STARS favored the amendment; also Mr. HILL