Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-04-06
CALIFORNIA LEGISLATURE.
FIRST EXTRA SESSION SECOND DAY.
SENATE.

quorum present. minutes read, corrected and ap-
| proved.
The PRESIDENT announced the appointment of the
porters and pages Of the regular session for the
session.
Assembly was read
| Mr.. NEUNANN, from the Committee on Rules re-
| ported, recommending the rules of the regular
session, with amendments to Rules l. g. % and 81
After discussion the amendments to Rules % and
81 were accepted aud those to / and rejected and
| the rules as amended adopted.
A message was received from the Governor
which was read by the SECRETARY az follows
To the Senate and Assembly of the State Of Cali
| fornia: Section OF Article v of the Constitution
empowers the Executive to convene the Legislature
on extraordinary occasions, stating the purpose
| for which he so convenes IT. and prohibiting the
Legislature from legislating any subjects other
| than those specified IN the proclamation.
For the first time in the history of this State has
this power been exercised 1t is due to your honor
abe body, as well as the people whom you repre-
sent, that the reasons urging this extra session
should be given Prior to the adoption of the new
Constitution the session of the Legislature fixed
at period OF one hundred and twenty days. Under
present organic law it is limited to sixty days
1t supposed that the aboshing of special legis
lation would have tendency to materially reduce
the number of bills which this character of iegsla
tion necessarily required, and comprise in very
small compass the duties OF general legislation.
The Legislature at its twenty-second session-.he
| last one under the oil Constitution-had intro
duced in the Assembly S56 bills, and in the Senate
6SS the session, has been stated, being 120 days
At the last session Qhe twenty fourth) under the
new Constitution, there were introduced in the
| Assembly 5l2 bills, and in the Senate 1858 bills
| being about the same ratio. But provision in
present Constitution, which has been judicialy de-
termned, compels three separate readings of bills
in full, unless dispensed with by two thirds vote
| of the house in which the bill may be pending, and
| then only on the ground of urgency.
The sixty.day term il cudes Sundays, which, de-
| Quoted, leaves but fifty one working days. To this
we must add the time occupied in organizing, ap-
1 at,.r ~ oil
paraory work requisite for large deberative bodies
to act Systematically, and with some appearance, at
| least of established method Taking into consid-
Grafton all OF these drawbacks, the wonder is that
so much has been accomplished and not that lit
| tie has been done.
The failure, under the circumstances, to meet the
I required demand for legal enactments subjects
calling for legislative action, has been the theme of
| considers bic comment and know of no better or
| suIer method of obviating this difficulty, and en-
abling the Legislature at its future sessions to dis
pose OF all matters presented for their consdera-
| ton, than in the appointment of Commission to
revise codify and put shape and form the several
Codes on the subjects incidental to their respective
| parts. A Commission selected with view to this
| end would present their labors in a compact and
well-defned body Of laws Understanding the char
acter of the whole work, they would be better able
to comprehend its several parts and adjust and fit
them in their proper places. An accurate system Of
laws would be the result of their abors and the i-
tent and spirit of the Constitution would meet
with proper and Gear interpretat on. While you
may not be permitted to enact any law authorizing
the appointment Of such Commisso on at the pres
ent time, can however, give expression of your
opinion by resolution through which the Executive
act and be ready at the next regular session OF
the Legislature to present. in well digested and pre-
pared bills, the necessary changes demanded by the
/ alterations in our constitutional form.
The causes which compel me to convene your
| honorable body ain in extra session at this time
| are set forth in my proclamation of the oath Of
| March, of which the following is copy:
which shall contain no item or items Of appropra-
| tion other than such are required to pay the
balances of the State officers, the expenses of the
Government ana OF the institutions under the eX-
elusive control and management Of the State, for
the thirty third and thirty fourth fiscal years.
"Second-To levy the rates of taxation, or, the
discretion OF the Legislature, to provide that the
State Board of Equalization shall fix such ad valo-
rate of taxation upon each one hundred dollars
of taxable property of this State which, after allow
ing the per cent required by law to be allowed for
delinquences in and costs of collection OF taxes,
shall be sufficient to raise the specific amount of
revenue determined upon and directed to be raised
by the Legislature for the thirtythird and thirty
| fourth fiscal years.
in appropriation for the support of the civil
ernment of this State for the thrtytrst and thirty
| second fiscal years.
| "Fourth-To d vide the State into Senatorial, AS
| sembly and Congressional districts.
" fifth-ro enact general road law.
"Sixth-To send appointments to the Senate for
| their confirmation"
The necessity for the passage of law on the first
proposition named will be found in Section %, Arti-
Gle w. of the Constitution, viz: No money shall
be drawn from the treasury but in consequence of
| appropriations made by law, and upon warrants
| duly drawn by the Controller.
Section 433, Subdivision II, Political Code, defin-
ing the duties of the Controller, says: "To draw
warrants on the Treasurer for the payment OF mon
directed by law to be paid out of the treasury,
but warrant must be drawn unless authorized
by law and upon unexhausted specific appropriation
provided by law to meet the same"
1t is thus clearly seen that only by and through
legislative action can the expenses of the civil gov
eminent Of the State be paid. This omission of the
last session of itself for extraordinary
convenng OF your honorable body. The remedy Is
alone in your hands Constitutional and statutory
law alike locks the door OF the treasury, and only
the key OF legislation can open it to dispense its
treasure in the support OF the State institutions.
The second proposition requires you to levy the rate
OF taxation, to authorize the Board of Equaliza
tion to fix rate sufficient to meet the demands as
appropriated by you The principle involved
arrived at by our Anglo-SaXon ancestors long before
the date OF our Declaration Of Independence that
is the power to levy tax can be exercised only by
the direct representatives Of the people, duly elected
and lawfully assembled. Therefore, without legis-
lative action revenue can be derived for the
suing two years to provide for the support OF our
Courts, public schools orphan asylums, prisons and
other State institutions This would be calamity
that every good citizen who feels interest in the
State desires to averted.
In regard. to the third purpose named, l hold it
the sacred duty OF the State to be scrupulously
honorable in its dealings with its citzens-remenl-
bering that the creditor OF the State has
20 recover any debt from 1t unless by legislative
permission. Claims for labor and material per-
formed and furnished the State during the past two
years exhausted appropriations, allowed by the
Board OF Examiners IS just and legal, await your
action for their payment, and unless passed upon
now must 90 for two years. The hardship
and injustice which such treatment would occasion,
by neg ect to cancel these obligations, would re-
suit disastrously to many OF those directly inter
ested. believe the same rule on business propo-
stion should apply to the State to the individual
citizen, that is to incur no Indebtedness that is not
warranted by the necessities of the OCCASION that
is not demanded by the people, but when the obi
CATION has been lawfully incurred, should in
honor promptly meet it at maturity
Ii will also be required of you to make additional
appropriations in some OF the items contained in
the general appropriation bill for the support OF the
Government for the thirty second fiscal year; such
for the transportation of the insane and for prs
oners for expenses of the Supreme Court, for of
fetal ADVERTISING ETC., all Of which appropriations
| we're underestimated and are now exhausted.
The Constitution, Section 6, Article w., says ::
"The census taken under the direction OF the Con-
gress of the United States, in the year 1850, and
every years thereafter shall be the basis of fix
ing and adjusting the legislative ditrcts and the
Legislature shall at its first session after each census
adjust such districts and reapportion the represent
alton so as to preserve them equal in popu-
| lation as may be-" The same sec ion makes it OBJ
lgatory upon the Legislature to divide the State
into forty Senatorial and eighty Assembly Districts
This is question that directly concerns the civil
rights of the people OF the State. The right OF rep
reseutation is the keystone in the arch of republ
can form of government and great care should be
exercised that the interest of all may be equally
and fairly represented. This adjudication is en-
tirely in your hands, and / have every confidence
you will consider it in the light Of justice and I'M
partiality.
The division of the State into Congressional dis
tricts will also require your attention. The great
area Of State, its immense coast bordering on
the Pacific ocean, its neXhaustible mineral wealth.
its great agricultural and other diversified interests
with an increase of population, give us increase
representation in the National Council. The bill
that passed one branch of Congress at its last ses
son-and which will doubtlessly become law-en-
titles California to six members of Congress | am
of the opinion that the State should be divided into
six Congressional districts but to guard against
possible contingency, an alternate bill may be passed
providing for the di trcting of the State into five
Congressional districts to be avsIled of should Cali
fornia be allowed but five Congressman.
In calling your attention to passage of gem
eral road law, was governed by the fact tina. all
special road laws have been repealed by the new
Constitution, and that the general road law passed
at the twenty third session has been declared void
and OF no force. The lack of proper system gov.
erning and controlling our public highways has
given rise to considerable trouble and much annoy
ance and it was almost the unanimous wish of
every county in the State-especally those de-
voted to agriculture-that / should request you to
devise plan which would permit each county to
understandingly direct and exercise its supervision
over its system of public highways.
1t has been suggested that in order to avoid in
Il