Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-02-28

the law is too slow process; that before the con-
illusions of law have been reached We will he past
saving; that our property may have be ruined.
There are those who believe that legi lative bodies
now being adjudicated By the Courts, and there
are bills now pending that look to that. Now,
gentlemen OF the committee, have never known
OF any instance where legislative body has passed
q law settling question OF law, question that was
then pending before Court. have no recollection
of ever reading of such a case. They sometimes IA
vor enabling acts for men 10 go into Court but
have never known a case where Legislative body
have decided case that WIS being adJudicated and
think it is doubtful whether this Legislature can
be persuaded TO depart from the rule. Others are in
favor OF no legislation at all, and hold that the
Court must decide it. The Other party says that nc
interest involving millions Of dollars on either side
has ever been ad Indicated in short time this
must be save us; that all suits liable TO be
cont nued for a great length of time, and that we
could hardly expect to adjudcate case involving
millions in the time that would be necessary to pro
tect US. That is our case.
THE PARTIES INTERESTED.
The gentlemen who take the contrary view are
following the advice Of their attorney. And here
comes in The interest Of Mr. Cadwalader and | viii
show who has been the adviser in this case. He
tells these gentlemen if this law passes it will
prejudice their case before the Court, that it will
not be efecual if it is passed. aud that it viii be
considered by the Courts as a comprom Sc and II
to gam through the ourts He told US last winter
when the miners were willing to make q partial
restitution by assisting to- build the evees around
Marysville and we were ready TO accept thirty or
fory fifty thousand dollars from them, that ii
accepted that on the condition that we should
stiyuate to postpone all prosecution OF that action
until legisla i've action could be had, that would
lose our rights there. Our citizens being anxious to
maintain all ;he rights that they had at Court and
knowing that thirty or forty thousand dol ans was
In TAX 81 af city
they would labor on in the Courts, and th.y de-
ciined to take the forty fifty thousand dollars,
and they paid tax of 81 per cent. last year to
build our evees, under the direction OF the attorney
Of the city, Mr.. Cadwalader He told us that
in 80 or so days, or 100 days, he would
have the mines stopped; that would
not be troubled any more. He got his case
to the Supreme Court, and thrown out of Court.
But tall the better" he says, all the better. A
new Constitution is coming in. We will have
fair play; Courts, and, instead Of one case, We
we will have 80, or 40 or 80 cases. Thirty, or 40 or
80 cases. with fee OF s., 500 or So 600 amounts TO
SO 600 or 100000 TO Mr.. Cadwalader. Very good
for Mr. Cadwalader That the citizens Of Marysv1lie
are made to pay six anda half per cent, when they
could have shared it with the parties who were
willing TO make partial restitution, is nothing to
Mr. Csdwaader. He said it brioe, and would
stand in the position of bride before the Courts
YOU must not touch it. He now says you must
not ask the Legislature for relief, because, ii you
do the Courts will consider it as a compromise We
are now threatened, not only with debris, but We
threatened with triplicate Of lawyers, who are
about to ruin u.s. and TO OF us the necessity OF
action is increased by that We are left to deter
mine for ourselves with impartial Judgment. Many
of us disagree with the advice of attorneys, which
has been ruInous TO us so Jar, and they are here,
sir to defeat this bill. He has, as have said from
one to three hundred clients associated together.
He telegraphs for them, he writes for them, and
they come down here opposed TO this measure or
any other measure, and he tells them that nothing
but law must settle this question. He comes before
YOU and addresses YOU and SAYS that 90 this bill is
one that will not only ruin us but will ruin the
whole State. Its provisions monstrous. A bill
giving to the Commission SO much power was never
heard Of and unlimited taxation will never end
under it. All your farms will be mortgaged. Sac
will lose control of her levees, and they
vii be turned over to the hands OF irresponsible
parties. She will have burden of debt upon her
that she will never be able to pay" These some
of the assertion made before you by that gentle
man
THF FUNCTIONS OF THE COMMISSIONERS.
Now for the bill. Let us see whether Mr.. Cad
walader is correct in the unlimited powers, the
extraordinary powers, that are given TO the Board
of Commissioners. The State Board of Commits
sioners under this Act have just one duty to per-
form, and then their functions cease. Under this
bill Board of Engineers is TO report the boundaries
of the district susceptible of some mode of protec-
ton, including system of drainage. 1t is referred
to the Board Of three State mmissioners who have
the power to reject the report to adopt the report
or TO amend and adopt the report, and then their
ower ceases That is all the power that this Board
vi State Drainage Commissioners have in the or
ganZation of districts. But he said here that this
power might include the whole State in this dis riot
The answer to that is that there is no occasion for
the whole Spate in this district There is
a large part Of this State that is in danger from
the flow Of mining debris, from excess Of water.
The Engineer himself would not propose such dis
tTict and no Board of Commissioners appointed by
the Governor would ever think Of organizing such a
district. The district Will be organized where the
remedy must be applied, and the property of that
district must bear The burden under this bill. I'm
der Section this body of Commissioners is changed
to Board of Directors Tor the district. STATE this
because Mr. Brown referred to its corning in conflict
with the Constitution, and his argume Mt that the
Commission existed clear through the bill Under Sec
ton the bill provinces that the parties appointed
by the Governor as Drainage Commits toner's should
be oicio Board of Directors for each district,
and they do not act in the capacity of State officers
in this case, consequently the constitutional aTgu-
ment made by Mr. Brown and Mr.. Cadwalader upon
that point falls. They are now Directors of the
drainage district the district has been organized
now the power that they have as such Directors
must be investigated to see whether they have any
extraordinary powers or not They have the
power under the bill to adopt the plans pro-
posed by the engineer for the accomplishment OF
what the bill is desgned-to take of the water
OF that district. NV if we desire to take care OF
the water of 1istrIct-if we desire to provide for
taking care OF the debrs-that s, all flowing into
the district, shall give them any less power than
that? What is the Board for has not the power to
do that But in doing that must see that they
cannot exercise power that will infringe upon the
rights of others. That is ALL Now let US see what
they can do. have said what they can include in a
drainage district, and the bill is based upon the
theory that the entire northern part of the State is
in the control of this mining debris That
it ought to be controlled by the State, and perhaps
by the General Government, there is no doubt in my
mind; but it never will be contr lied by either.
The burden must be thrown upon those interested.
Therefore have given the power to this Commits
sion to include within the district all that territory,
whether 1t bemines or valleys, towns or Cities that
Is within drainage district, and think it would
not take long to show conciusiyely that mine re-
eeived within that district is or less interested
That it will be exactly equitable for every interest
do not pretend to say, any more than you can frame
revenue law thai bears evenly. All systems OF tax
alton bear unevenly. 1t is beyond the skill of human
Ingenuity to frame a revenue law that is exactly
Just and it is in this instance, and this
i no departure from that general rule But what
other Dower2 They say it has such wonderful and
extraordinary powers. What powers do we want to
give theml We want to give just power enough to
them to solve this QUESTION, and no more. Anything
short OF that would make a failure of the bill.
ABOUT CONDEMNATION.
propose that they may condemn works already
tuey purchase lailus
for reservoirs for storing the tngs they may con-
demn properly wherever it is needed TO complete a
system of work. Is that the extraordinary power
Is it the power that has been granted before
Is there any extraordinary power iii saving that
private property shall be tax for public use, when
due compensation is made for the same? Is it not
the law as always exercised by our Government
the right of eminent domain ? Is this departure
from that rule? Then where is the extraordinary
power that the gentleman from Yuba, Mr.. 0strom,
throws up his hands and says, ''such n0nstrous
powers We're never gwen in any bill beforeP What
is it frightens the gentleman Is it the
right to take levees or the right to take
farms after due compensation has been made
If it is that power has been granted in very many
before. I assert that the theory of Com
mission is not new one; that there has not been
public work constructed In the United States nor
in any State to my recollection. of any Importance,
that has not been under direction OF Boarl of
The great Erie canal, one Of the
greatest undertakings attempted in tue history
OF our country taking into consideration the time
when it was constructed-was done under Board
OF Commissioners. This Capitol was built under
the direction of Board OF Commissioners No
Limit placed upon them. They were not told
how many rooms there should be and how large
each one should he, how high, what the materials
should be, but they had Board 10 build the State
Capitol Our Insane Asylum at hapa was CON
strueted on the same theory. Commissioners were
appointed 10 construct it, and there 10 no exception
to the rule The question is whether there has
heen extraordinary powers given to this Commission