Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-03-01

not been, but sgy that the farms and the lands
| OF the State have not been, and in the late
| Constitutional CouEentioD the farmers. OF the
State made comInea with the other ele-
ments in that Con titutional Convention in or, er
that they might escape taxation upon their lands.
The large land owners represented in that Conven-
ton made common caItse with the farmers and with
the other elements there, in order that the large
land holder NIGH. escape taxation, and that is why
this Constitution comes to In this shape and why
these gentlemen are now SO anxious to tax thecor-
porations, and excessively anxious to permit the
land holder to escape his just share of taxation.
They seek to raise q hue and cry against corpora
tions and attract the attention Of the Legislature
and the people from the very persons who have net
paid and who do not propose t. pay, their just and
full share OF the taxation necessary to support the
Government of this State. The large land holders
were represented and strongly represented in that
Constitutional Convention, and they succeeded. in
protect ng themselves, ana in doing they sought
to interfere with the vested rights of others by raising
hue and cry against corporations An attempt has
been made-and viii be pardoned ii alrde to it,
an attempt has been made not only in the commit.
tee when this was being discussed, but upon the
floor OF this Senate, to shake
THE RED RAG OF THE COMMUNE
In our faces to raise whip of some kind over our
heads and dare us to do certain things The Senator
from Sonoma claiming by some unheard-of process
to represent the people of this State claiming by
some unhe srdof process to read his title clear,
speak for every interest and for every voter in Cali
fornia threatens those upon this floor who dare to
disagree with him. 1 read from a San Francisco
paper that favors his views, as understand it, his
remarks:
'.No wiseacre from Pine street, and no autoerat
from the corner Of ourth and Townsend, can die
tate my course to me. / propose to do my duty as
understand il. There may be those who would
ahrogate and set aside the Constitution. There may
be some persons still living in this land-possby in
this chamber-who have not yet learned that lesson
useful, and useful to an American citizen and
that is to submit gracefully TO the results of elee
tion "
or mo hrieAy ,r, that 20 ehou yh n 20
in this Senate who is not willing to submit grace
fully to the results Of election. Our late civil
war was brought about BY the friends Of a certain
class who refused to submit to the result Of an elec
ton brought about by men Who said that because
President had been elected TO whom they were op-
posed they would dissolve the Union aud secede.
They submitted that question TO the result Of an
election and were defeated. They submitted 1t to
the stern arbitram ,nt of the sword and they were
defeated. They and their friends ought to submit
gracefully to the result OF election and it does
not lie in the mouth Of who is not willing to
submit to the verdict of the war-who is not will
ing to submit to the verdict OF the people OF the
United States-te set himself up here and talk to
any this floor about not being willing to
submit gracefully to the wishes of major ty of
the people of this State. In the late Constitutional
Convention, of which the Senator from Sonoma
was member, this proposition introduced
:" That this State shall ever remain member OF
the American Union that the people thereof are
part of the American nation; that there is power
the part of this State to secede, and that all at
tempts from whatever source or upon whatever pre-
text to dissolve said Union said nation shall
be resisted BY the whole power of the State"
The roll was called and the amendment rejected,
and among the noes Is found the name Of Morelsnd
OF Sonoma. And yet he, the man who is not will
ing to submit to the result OF an election and the
result of the war assumes to dictate to men, and to
threaten men this floor because they will
ing submit to the rule of the tramp and the rule
of the demagogue and the rule Of those who would
rob property Of its rights and turn this State
into the hands OF a crazy mob that attempts to de-
stroy our very existence as was sought by the men
of the South because they could not control the
country. And when the Senator can prove that he
has gracefully submitted to the result Of that cleo
tion and OF the war; as his vote shows that he did
not, it will be time enough to speak in reference
submitting to the results of an election. He said
further:
"But, sir 1 am constrained to believe that they
are few in number and powerless for harm. The
day will come when the Constitution OF this State
will take its proper place among the organic laws OF
the States of this Union; and the day will also
come, after the detraetions of contemporaries and
the bitterness of the hour shall have passed away,
when the trainers of that Constitution will be
corded their proper place in the history of this
State The people of this State are determined that
the Constitution shall have fair and impartial
trial, and any set OF men, any political
party that stands in the way must inevitably go the
wall'
The last sentence heartily indorse, and | hope
that every member Of the Senate indorses it. ID
was uucaliedfor, un1i'e and improper te state in
advance the very opening OF this discusson that
any Senator on this floor was
OPPOSED TO THE CONSTITUTION.
voted against that Constitution spoke against it.
If had been possessed of fifty thousand votes, and
fifty thousand tongues, would have used all those
votes and all those tongues against the adoption OF
the new Constitution. In my judgment it Of
no value to the people. 1t was my judgment that
it would prove detriment and damage to the
State. had the right to vote against it, and to
speak against it, and ii it should come up tomorrow
should vote against it again and speak against 1t
again. But because did vote against it does not
deract from my desre now that it has been adopted
as the organic law OF the land, to give it fair and
impair, iai trial. and seek to make its provisions
little onerous they can noss bly, be made upon the
people of this State. would commend TO the Sem
ator the old aphorism that hose who beast OF their
integrity that those who boast IL their ability to
resist temptation, not always the ones that are
clad in an Of proof to resist All temptation.
When man boasts Of his ability to resist wlseacre
from Pine street, and an autoerat from Fourth and
Towne nd il NAV be wise for the Senator To inquire
of himself whether he has not met any Of these
wiseacres and autocrats, and whether he would
not be improved If he did not meet either
or both So far as am concerned am
nrenared to accept the wiscacre from Pine
street or the autocrat from Fourth and Townsend
rather than to accept the dictates OF the man under
whose banner understand the Senator, in common
with his party, proposes to march at the next
election.
THE MINORITY REPORT.
Now, am opposed to the adoption OF the minority
report am opposed to taking it as the basis Of
ton, believngit to be improper and wrong, and
wish to say that for one have not changed my
mind. voted against the taxation OF stocks IN the
committee and stand prepared now to cast my
vote against the taxation OF stocks, believing 1t Ia
be wrong in principle and worse IN practice be-
Gsvino Il 10 be one of those where we are
lied upon to do that which the Constitution gives
MS the right to do discriminate against double taxa
tion, and prevent, II possible, the imposition OF
double and treble taxation on the people Of this
STATE What is the market value OF stoek2 What
Ia the market value Of this Intangible something
which the minority report seeks TO tax Why. as
understand it. the articles Of Incorporation the
cer;scate which represents shares OF stock Is simply
the same as The deed that q man may have to his
house and lot Fer instance, the Senator from San
Francisco (Ir Traylor) has house and lot, aud he
has yery beautifully engraved deed to that prop
.-,v Qupht he be assessed for the house and lot
and then for the deed that evidences his ownership
of that property? corporation is an aggregate Of
individuals an aggregate OF interests. The indi-
,,;d,,aIs 90 ne together to make up one component
whole which in the eyes OF the law then becomes q
persona body polite and corporate. ltcannot have
any more power; it cannot lave any more property
IL cannot have any more rights to property than the
Individual An Individual may own a million dol
lars OF property and have it represented by itself,
and corporation may have Biillicn dollars worth
OF property and have it represented by certificates
OF stock, or by articles ef incorporation. Now
where is the difference between the two? Its stock
is simply the representative OF that interest In the
property The stock merely represents that the
corporation corporation owns certain property.
Why if Tem Dick and Harry engage in business to-
gether as a copartnership, and eIni low astu,s
lawyer to draw articles of eopartnership, would il
be right to tax the partnership property md ther
the articles Of coparinership which bint
| the parties togetherl And yet thyt Is wha
| Is sought to be done by taxing the propert,
| Of the corporation, and the capital stool
So Does the fact that stock are issre
i to show that man is entitled " such number o
| shares or such interest ip the property Nhicl
they represent. make any n ore property Whe,