Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-04-27
ASSEM- BLY,.


The Assembly met at 10 4. NJ. Speaker Parks in
the chair. Roll called-just quorum present.
Messrs. Lane, Gayigan Mason, Patterson Of San
Joaquin Blown, FIeer, Leach, Alviso and Arick
asked leave of absence for two days. Objected to
ny Mr. HARRISON, and the question being put to the
House, Mr.. FELTON, hoped the gentleman would re-
consider his request. Mr. PAULK explained that he
had important business with the Land Office, which
only he and his partner could attend to. If this
political question tapportionment) had been voted
on weeks ago, it might have been settled /; it is
now, with ten zen absentees one more or
one less made no difference in Lis opinion. Leave
was sranted him-ay es 33, noes 25.
s. B. (road biiD and s. b. (apportonmen)
were temporarily passed.
MIR. DEL VALbE moved to take mp the reconsider
alton of the vote ~ which the House adopted the
resolution to adjourn sine die. Mr.. LEAKE moved
to lay the motion for reconsideration the table
Adopted-ayes 81 noes %.
S. Bs. 80 30, IS, 80, 81, 16 30 and q deficiency
bills for the 3lst and 32d fiscal years were read sec
ond time ordered engrossed and to a third reading
Consideration of the genera road bill was resumed
On yesterday the House adjourned leaving the bill
IN the following condition:
The question REQUIRED on Mr.. Longs substitute
for Section 1856, which withdrawn Mr.. Gun.
ningham moved to am nd Section 1856, by striking
ou: lines one and two, and down TO and including
the word thereof " on line three OF the printed
bill. Mr. Murphy moved amendment to Mr.
Cunninghams amendment, that the whole of the
section be stricken out. Mr. Hale moved to refer
the bill 10 the Committee on Roads and Highways,
with instructions to report the same back
morning. Mr. FELTON, moved as an amendment
that the bill be referred to special committee Of
seven, to be appointed by the Chair The question
then required on Mr.. Hae's motion to refer the
bill, which motion was pending when the House ad.
journed.
Mr. II ALE withdrew his motion to refer and Mr.
Cunningham's amendment-to strike out Section
1856 was taken up Mr.. CUNNINGHAM suggested
that the non.le.al gentlemen take recess, while
the constitutional giants debate it. Mr.. GRIFFITH
said he considered the section the most important
in the BILL it hinged the constitutionalitY of
the hole bill. He believed the bill would be in
oper tive with the section remaining as it now
stands. Tue words "unform operation, Article H.,
Section l Of the Constitution, Mr. Mcclure had held,
mean persons and things in the same category.
Simply because persons and things are in the same
municipality they are in the category accord
ing to Mr. Mcclure. He (Alr. Griffith) took issue
highways; leave out streets and alleys and this
section has business in the bill, for
the law is general one, providing for
all highways. The Constitution provides that
there must be no discrimination TO taxes, and
when we do it do violence 10 the spirit OF that
instrument. 1t would not make farthing's differ
ence to the city OF San Francisco, simply because
that city is county and the county is city but
with Sacramento the burden of building a road fer
3; 900 in the CITY would fall on the 5000 people
in thecountry. In passing this bill you make that
invidious distinction. Mr.. FELTON, said he had
listened TO roads and Highways until he was tired.
ayes II, noes 81. Mr.. WHIrPLE said it struck him
that il any road bill to be passed this season,
which would be of any value to the State,
this section with the amendments should be
carefully considered. All the subjects relating TO
the government OF counties and municipal corpo-
rations should have come up at the same session in
order that general laws might be passed. But since
they have not the Legislature must do the best pos
sib.e under the circumstances. Even those men,
bers who contend for the constitutonality of the
provision in the section, he thought, would shrink
from the proposition that it would operate fairly
for all time, it is contemplated the bill should.
Ii the principle prevails that any portion Of county
may dsintegrate Itself from the rest of county to
cape taxation, then our mountains will forever re-
main impossible and our deserts forever barren and
uureeiamed. Without good roads we cannot pros
per We must have the means OF communication.
The proposition which exclu5es part OF the county
property from taxation is the one that
suggests want Of uniformity The distinc-
ti6n male by Mr. Mcclure is no. near
so clear as that between man AMI woman and vet lie
VIII not contend that they not in the cate
CORY. The distinction between black men and
white wouli be unconstitutional, but between man
and woman could not be- Mr.. MURPHY said we
should let the Supreme Court decide on the eonsti-
tutionality of the law The great difficulty is that
every representative wants to pass law favorable
to his county. Sonoma wants it way. he
gentleman from San Francisco (McCure) is careful
Of the rights of municipalities when if he lived in
Napa, where his father s, he would make equally
as good an argument on the other side Let the
House cnne 10 vote on the amendment. He for
one was tired of roads and highways. 1t had be-
come perfect nightmare to him. He dreamed of
ii at night. Mr.. BAKER of Yolo said that although
there doubt in his mind ts
what the gentleman from San Francisco means, he
was forced to agree with him in some particulars.
There can be no concurrent jurisdiction between
the county Boards of Supervisors and the municipal
authorities. Therefore lie believed that this clause
in dispute should be stricken out one tha. would
rob those authorities OF their right to have charge
of street improvements. The question OF striking
out the whole section was one ef policy. The county
funds are divided for certain urposes-hospitals.
schools, etc. II Boards OF Supervisors have the
power to levy for those purposes they have for road
purposes. But it would be manifesty unjust to
tax cities and expend all the money outside OF those
cities for road purp ses. He didn't think it would
be expeiient constitutional to put IN any
provision that the fund of the corporations should
be used exclusively for street purposes The House
assumes that it had right to levy all the prop
erty within the county line. certain per cent.
fixed is to be returned to the municipality fer street
purposes. Ii it can adopt this view and il is legal
he presumed that there would he law unobjection-
able to the other branch OF this legislature
vote was taken on the substitute by Mr.. MUIR
ply that the whole of the section be stricken out.
The motion was carried-ayes Al, noes IL.
The House at 1870 took its recess.