Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-04-28
CALIFORNIA LEGISLATURE.
FIRST EXTRA SESSION = TwENTY-EouRTH
DAY
SENATE.

SESkTE.
SAcRANsSFo, April p, 1881.
The Senate was called 20 order at 10 O'Clock.
President Mansfield in the chair Roll called and a
quorum present. Minutes read and approved.
Mr. JOHNSON, pursuant TO notice. moved to recon-
slider the vote by which A. B. was passed Mr.
RYAN moved to lay the motion on the table. which
motion prevailed by ote OF sS tot
The Assembly concurrent resolution relative to
adjournment on the 3oth instant was read.
Dir. CHENEY moved that the resolution be made
the special order for Friday at . ? NJ Mr. R,Sye
moved to lay the resolution on the table which mo-
tion was lost by vote OF Il to 81. The question
making the resolution the special order for Friday
was carried by vote of % to II.
The consideration of A. II. 10 was resumed nm the
amendment of Mr.. JOHNSON, on whose motion the
subject was referred to special committee to per
feet the amount required The Chair apnoin.ed
Senator's johnson, Moreland and Pardee
At 1890 Mr.. JOHNSON moved to take a recess until
O'Clock Los.
Mr.. SEARS offered to amend by adding to Section
l the following Provided that the State Board OF
Equalization IN SO fixing said ad valorem rate or
rates OF taxation for said thirtythird and thirty
fourth fiscal years. shall not include any levy or
rate for any OF the purposes mentioned in an Act
70 promote drainage, approved April %, 1880, nor
shall the tax specified in Section a of said Act to
promote drainage be levied for the said fiscal years
or either OF them.
Mr.. WATSON moved the previous question, which
was seconded. Mr.. TRAyLoR r,ised the point of
Oruer tnat tue auenunlelt uld not come within the
proclamation OF the Governor. The PRESIDENT de-
cided the point not well taken, from which Mr.
CHENEY appealed. The roll was called and the de.
cision of the Chair sustained by vote of 27 to ls
Mr. JOHNSON, at ll:25, moved to take recess
until clock. Carried.
Afternoon Session.
TIE Senate reassembled at O'Clock President
pro tenn. Johnston in the chair.
Mr.. JOHNSON, from the special committee, report
ed back the item IN reference TO the tax levy for the
general fund, recommending for the thirty. third
fiscal year at S2190, 0S4 and for the thirty y-fourth
year at s. ,4SS,735, which report was adopted.
The consideration of A, B. 10 was resumed on the
amendment OF Mr.. Sears.
Mr.. SEARS said he considered this the most i'm
portant question of the session. fr on il depended
whether the tax levy shall be void or not 1t had
been claimed that the question OF drainage was set
tied, but the action OF last session stands by itself
and this action IS Just as legitimate that. The
distinct power given in the procl amaton OF the Gov
leaves this us The vote of the Senate this
morning decides this amendment TO be german
to the levy bill, and the question then its
merits. This Senate at the last session, by vote
OF Sc to g. decided to repeal the drainage Act This
milder form of the question: as 1t goes ouly to
the STATE tax, and not to the district and water tax
and how can the Senate 90 back on their record of
the last session. The report just read shows the
general fund tax to be greater than ever before and
90 Senators feel justified, to say nothing of the
equities, in adding this dranagetlN of S293 600 par
ticularly when the expenditure of half million
worse than thrown away. II this amendment is
not passed, you continue this two years Another
question is far greater, for where in tax levy one
part is void, the whole tax becomes void. The
Board OF Equalization make up their estimate by so
much on a hundred dollars for each fund.- but when
they send to the various Boards there is dis
tincton, and when property is sold under the levy
it is for the whole, and il part proves void
then the whole levy falls. If after the levy the
Supreme Court decides the Act unconstitutional
the entire levy falls, and you have taxes without
extra session, and ii session held before the
tax levy you have no tax for two Years. Who will
take this responsibility for the benefit of slicens
Several decisions quoted governing the ques-
ton presented.l II this amendment is adopted
it leaves the Commissioners with the district and
water tax-with over 800, ,o00-with which they can
repair dams and pay off obligations. Another ques-
tion The drainage Act is special and not general.
The expenditures under it for district and the
balance If the State is net benefited 1t is rule OF
law that man paying taxes receives benefit in
tax for the whole people. You cannot tax all for
the benefit OF the few. YOU tax the State to take
of the taiings OF mines, is that special and
is the State interested? Under the law OF eminent
domain you may take privafe property for public
use, but not for private use, but when taken for
public use it must be paid for. You cannot tax for
private use, and on that ground this tax is illegal
II the people in the districts want the tax they
collect it, but you cannot make San Diego and San
Bernardno pay to prevent tangs in other counties.
Mr.. CHASE said the question was whether we shall
or shall not levy tax for OF the laws of the
State. The law is on the statute book, and while
we providing for the expenses of the Govern
ment We bound to include in the levy such ap-
preparations are provided for by virtue of Acts
passed by this Legislature, and are bound to
levy this tax, and though opposed to the debris
Act, shall vote against tnis amendment and go be-
fore my constituents on the record
Mr.. WENDELL said that every man who votes to
continue this Act the books is responsible and
we by this amendment repeal SO much OF the
Act the levy We do not repeal the district
tax the water tax, that for the Commissioners,
which he would do ii he had the power, and il by
refusing to levy this tax virtually destroy the
Act he would be sat fed.
Mr.. DICKINSON said the orly excuse he could see
for the amendment was to allow Senators an oppor-
tuuity 10 deliver speeches which they had forgotten
to deliver when they would have been pertinent
that is, the repeal Of the debris bill This
levy is nothing new. Ii is a mere ministerial Act.
When ascertain what appropriations have been
made, il is our duty to provide for their payment,
and ii we have right to call in question this Act,
we have right to 90 back and apply the same rule
to appropr ations for the Insane Asylum, or any
other. The whole thing is out of our jurisdiction.
We must provide for paying what cur votes hereto
fore has made payable The constitut onality of
that Act is not before US, ard this amendment siS
unnecessary Ii the Court decides the Act uncon.
stituonal the Board cannot insert it. and if consti
tutional we should do right Act our own votes
passed. II the Act is constitutional, failure
to provide funds does not prevent the Commission
from going on and creating an Indebtedness. Ii
the Act is constitutional we have no right TO inter
fere with the levy, and if not there is plenty OF time
to test 1t before the levy must be made.
On motion of Mr. WENDELL call OF the Senate
was ordered. Senators Anderson, Baker, Carlock
and Kelly were brought in and excused and on mo-
ton OF Mr. WENDELL, further proceedings under the
call we're dispensed with
Mr. RowELL said he had doubted the legality of
the amendment but as the Senate had decided that
point, and the question being on its merits he
should consider it his duty to vote for it.
Mr. JOHNSON said that while he voted to admit the
amendment, he did not consider that vote had any
thing Whatever to do with the effect this amend
meDt would have on the consttutionalty of the tax
levy if inserted lin the bill.
Mr. NYE said he voted to sustain the Chair in his
decision On the introduction of this amendment,
and while he believed it german, did not believe it
jndieious. After the fight OF $780, when the ma jor-
ity decided the Act constitutional and judcious,
and in 1881 refusing to repeal, he did not deem it
safe precedent try to accomplish indirectly what
we could not do directly
Mr.. JOHNSON referred to some of the votes by Sen
ators, stating that while they talked against sckens
they voted for it, evidenced by their votes the
proposition to institute suits against hydraulic
mipes.
The question r. r.curripg on the amendment of Mr..
Sears, il was adopted by the following vote
Ayes-Anderson Baker, Conger, Enos, Glascock,
German, Harlan, Hill, Hittell, Hudson, Johnston,
Kane, Kelly Lang: ord, Moreland, Nelson. Pardee,
Pool Rowell, Satterwhite, Sears, Wendell Zuck-23.
Noes-Burt, Brown, By nes, Carlock, Chase,
Cheney, Davis Dickinson George, Johnson, Lamp.
son, Neumann, Nye. Ryan, Traylor, Watson-17.
Senators TRAyLoR NEUMANN and DAVIS explained
their votes. During the speech Of Mr.. Davis the
point was raised that the ordering the bill to third
reading was all the question before the house, which
was slI tai ied by the Chair.
Mr. RYAN called up his motion to reconsider the
action on the school fund item. Mr.. GoRMAN moved
to Law the motion on the table, which motion pre-
vailed by a vote of "a TO Il.
Mr.. HUDSON moved to reconsider the vote by
which Mr.. Sears amendment was adopted
At Sis Mr. JOHNSON moved TO adjourn. Lost
Is to 20.
Mr. SEARS moved to lay the motion of Mr. Hud-
sen on the table.
Mr. JOHNSON raised the point of order that Ar.
Ryans mO.ion 10 reconsider having been tabled, |
carried the whole bill with it.
At 5:25 MIR. NBUNANN moved TO adjourn. Lost
IS to ~.
The PRESIDENT did not sustain the point of order
Of Mr.. Johnson, and he appealed from the decision
vi the Chair.
Mr. SATTERwHrrE moved to lay the appeal on he
table.
At $50 Mr.. TRAYLoR moved TO adjourn. Lost
10 to 10.
Mr. NEuMAMS moved a caE OF the Senate Lost
Is to 10.
at 5:S5 Mr.. JOHNSON moved to adjourn. Lost
10 to 10.
Senators RowErL and Dickinson rose to points Of
order, which were discussed. iir. SATrERwHITE
withdrew his motion to lay Mr.. JoHNsoNs appeal on
the table. At 5:45 Mr. TRAYLoR moved to adjourn.
v,asp n =