Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-03-23
EVENING SESSION.
ASSEMBLY.

SACRAMENTO, March %, 1880.
The Assembly met at $50, A. NJ, Speaker CowderT
in the chair.
Roll called and quorum present.
Prayer by the Chaplain.
One days leave of absence was granted to Mr..
Pickett.
REPORTS COMMITTEES
The CorSmittee Retrenchment and Reform
recommended the passage Of Assembly Bill No 5O0
and the Withdrawal of Assembly Bill No. $50.
BILLS INTRODUCED.
Mr.. LANE introduced bill to secure the wages Of
persons employed as laborers on thrashing machines
Ordered printed
By Mr. HAETsoN-A bill to amend the Coces rel
alive to revenue
By Mr.. DEL VALLE-An Act confirming titles of
pueblo or other lands granted in cities lit ratifes
all grants OF said Ian 5 to any cities in conformity
with the ordinances of such cities Ordered
printed.
By Nr. MoRsE-A joint resolution asking Con.
gress to place veterans of the Mexican war upon the
same footing as veterans Of other American wars
Ordered printed.
On motion Of Mr., WALKER, the order OF the day
the bill relative to the State militia-wa5 laid over
until o'clock
SECOND READING OF RILIs.
Bills were considered on the seeoni reading file.
as follows:
Senate Bill No. 165-An Act to amend Section
1888 of the Code of Civil Procedure relating to arb
trations (by Mr. HittelD. Passed to third reading
1243 1914 and 1854 of the Code of Civil Procedure
relating to eminent domain (by Mr.. HittelD
Amended and passed to thru rea.iRg.
Senate Bill No. l64-An Act to amend Sections
1875, 1876 1878 and 1879 of the Code Of Civil
Procedure, relating to change ofnames (by Mr. Hit
telD. Amended and passed to third reading.
Assembly Bill No. 363-An Act TO amend Section
137 the Civil Code, in reference to divorce by Mr.
| Tyler). Amended and passed to third reading.
Assembly Bill No. 425-An Act to amend Sections
700, 70l 7o2, IOS 704 and 705 Of Act entitled an
Act to establish a Code of Civil Procedure, ap-
proved March l2 1872 so as to provide for the re-
dempton of real estate sold under the power con-
tanned in trust deeds Recommitted to the Judiciary
Commttee.
Assembly Bill No. Sos-An Act to amend Section
1880 of the Code of Civil Procedure relating to per-
sons who cannot testify (by Mr.. Cooper)
The Judiciary Committee recommended the rejec-
ton OF this BILL Mr. COOPER stated that this bill ex
cluded the Chinese from testifying in Courts The
committee recommended the rejection of the bill
because the Senate had refused TO pass similar bill
1t for the House to say what its record would be
in this matter The bill would most likely exercise
some little effect on Chinese immigration.
Mr.. Fox said the committee did desire to pre-
vent any person from getting into Court and having
their wrongs investigated.
The motion to reject was lost and the bill ordered
read third time.
Senate Bill No. 17S-An Act to add new section to
the Penal Code to be known Section 1885, relating
to the place of trial Of indictment or informations
for publications in newspapers (by Mr. Hittell-re-
jected.
Senate Bill No. 199-An Act TO amend Section
146s Of the Code Of Civil Procedure relating to per-
sora property set apart for the use of the family by
Mr.. Wendell)-rejected.
Assembly Bill No. 1S-An Act to repeal Chapters
w. and V. of Title KILL of Part II. OF the Code of
Civil Procedure and each and every section of said
Chapters w. and v, relating TO appeals in civil ae-
tions 10y Mr.. Hittell) )-passed TO third reading.
REVENUE AND TAXATION BILL APPRovED
A message was received from the Governor ap-
AOanV L No h.
Taxation biiD, and the announcement was greeted
with applause. The following is the full text of the
message:
STATE OF CALIFORNIA, EXECUTIVE DEPARTMENT,
SACRAMENTO, March %, 1850. !
To the Assembly of the state of California: have
the honor to inform your honorable body that
have approved Assembly Bill No. 4e4-An Act to
amend Sections, 1907, 3617, 3627 362S 3629, $3.50,
1884, S64o, 364S, $3.50, 1851, 3652 SG6S, 3673 3673
3679 37l7, $780, 1852, 1856, 1889 and 3S6l and to
repeal Sections $3.50 and 1857 of Act enti-
tied an Act to establish Political Code, approved
March l2, 1872, relating to revenue and to add two
new sections, numbered 1864 and S665.
Notwithstanding my approval OF the above-enti-
tied bill, one Of its provisions is manifesty un-
equitable and unjust that would be derelict in my
duty if did not call the attention of the Legislature
thereto, in the confident hope that remedy will be
| provided in supplemental legislation
The conflicting views disclosed by the debates
which preceded the passage OF the BILL and the pro-
nOunced ma oTies recorded in its favor by the i'm
mediate representatives CT the people, who declare
they are but giving force TO the expression of those
| who have given us fundamental law do not afford
reasonable grounds to believe that these sharp
differences Of opinion be SO far harmonized as
TO result In the enactment OF any improved measure
within the limited time Of the session remaining.
Failing to find in it any constitutions
al inhibition to justify the interposition
of the Executive veto, and not deeming myself at
liberty to disagree with the Legislature on question
Of merely public policy involved in a revenue
bill, especially when the sentimen of the people
appears to favor the measure flor heartily sub
scribe to that which has been pertinently said
by another, that the Executive should have no
policy plan to enforce against the expressed
Will OF the people, | have therefore reluct-
antly given the bill my official signature
1t is indisputable that taxation il has for years
existed IN tits State produced wellfounded disSat
isfac ion among those upon whom the burdens of
State support fell inequitaby that the citizen of
moderate means, whose all was invested in a home
stead, paid his forced contribution under protest,
because his neighbor, having cash assets, was not
named on the assessment roll at all. Herein we
find demand for change in the fundamental law
and the controlling motive for the put approval Of
the pfe ient Constitution.
The former Constitution was construed by tha
Courts to prohibit the taxation of mortgages and
solvent debts, thus Withdrawing from assessment
large volumes of wealth, and necessarily increasing
the rates to be borne by tangible property The
present Constitution renders it possible and makes
it duty to correct the unjust ~ stem heretofore
existing. 1t ought to be- and doubtless is a pleas
ure for every one clothed with the authority to aid
in equaZing the burdens of Government
AIy objection to the present bill (aud | sincerely
hope the objection will be avoided by supplemental
egislation) is based upon those provisions which
more directly relate to savings banks and the de-
posts in those institutions.
The report of the Board OF Bank Commissioners
to the present Legislature contains the statement
that there are upwards OF $4,000 depostOrs in the
savings banks of this State, with an average OF
1872 So to the credit OF each, aggregating more
than fifty millions OF money Nearly all this large
sum is loaned upon real estats security These
securities will be faxed in the Of the several
banks holding them. The banks have issued to
each depositor pass book showing the amount to
his credit, and this ieal be taSed "a the name cf tie
holder Of the pdSS-boOk.
No refining OF language can deduct any other in
depreciation from the provisions OF Bill No. 404:
and while it may be upheld by the Courts as con-
stituonally permissible. it is inexcusably inequita-
Bile and unjust 1t imposes III on the Industrious
and economical e,asses, the many Of small means,
more than their Just proportion Of the public
charges 1t exacts tribute from their savings which
are secured by mortgages held by the banks who
are acting, it were, but the agents Of the de-
positor, as Is evidenced by the simple pass book
issued to him. To whom do the mortgages belong
except to the depostorsf To whom will the
taxes on the mortgages be charged except
to the depositors? What savings bank
Director Board Of Trustees will contribute one
mill toward the liquidation Of this legal exaction
The bank is but the mere agent OF the depositor
1t IS not, upon any equitable principle, the owner Of
the security II takes. Indeed, it would not have
any mortgages but for the money placed in its
t-usteeship by the depositor II very often occurs
that run on savings banks exharsis their ready
money. Then the depositor's course has been to
register with the bank his demand for the balance
shown to be due by his pass-book. This done, he
must wait collections made by his agent-the bank
of the mortgages in which his deposits were in
vested. The depositors cannot enforce payment any
faster than the agent can collect. was with this
understanding that he selected savir gs bank to in
vest his money for him, at low rate OF interest.
but where it wouli be perfectly seeure
Why tax the principal and his agent also? More
especially, why apply this harsh rule TO that
large burnber of economical poor who, sensible
of their lack of financial skill prefer ntrust their
honest gains to the management OF experienced
business men whom they bad elected managers Of
the bank for that purpose.
II the party had loaned his money on mortgage
in his own name instead OF that of the bank even
under this BILL the mortgage only would beassessed.
The average deposit, as We have seen is 1872 So
sum so small that great difficulty would be ex-
perencef In finding for it safe and secure invest
ment. But several combine their means and thus
both borrowers and lenders are ac ommodated.
should then penalty be attached to established
and favorite modes OF dong business?
Any enactment that infcts such an apparent
wrong VIII be evaded when evasion is possible.
auduient escapes from an unjust law will be de-
vised, and lack Of respect for all law naturally fol-
lows. IL becomes rather to encourage industry
and thrift and strong love and respect for consti-
tuted authority
1t is the part of wise statesmanship to favor
rather than to discriminate against those who prac-
tice self-denial, and who prudently preserve their