Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-05-14
ABOUT AN EXTRA SESSION.

Shortly after adjournment Of the Legisla-
ture yesterday. thequestion wasraised whether
an error bad not crept into the tax levy bill of
such iuportancs as to necessitate the calling
OF the houses together again. The Governor
was consulted, ard at once took legal advice.
pending which inquiry was made as to
whether quorum of the houses could be
had yesterday afternoon, and it was fonna
that so many members hSd gone away on the
early trains that quorum, at least of tho.
Senate, could not be had. The Go 7ernor
however, concluded that an extra session wss
not needed, and that if it is determined here.
after to be necessary. there is time enough 10
call it and save the tax levy. 1t appears that
Assembly bill No. 10, as amended in TIE
Senate April 27sh, read tthe italics are eursl;
4" An act to amend Section S7l3 of the
Political Code, and to provide for the levy If
the tax for the State purposes for the thirty,
third and thirty-fourta fiscal years.
g The people of the state OF California,
represented in Senate and Assembly, do en-
act as follows:
Section / Section three thousand seven
hundred and thirteen Of the Political Code is,
hereby amended to read as follows; S7lS.
The State Board of Equalization must, for
State purposes, for the thirty third and
tiirty-fourth fiscal years, f1 such an ad
vslorem rate Of taxation upon each one hun
dred dollars fHere occurs
the statement Of the sums necessary to be-
raised. Ind said idT the rate OF lckics
shall te so f2ed, IS hereJyloried for sad tfirts-
third and thiffy-fourtk .Fscal years provided,
that the State Board of Equalization, etc.
Here follows the celebrated Sears proviso
that the drainage tax shall not be levied In
this bill, IS amended by the attachment Of
the Scars anti-debris proviso, the Assembly
refused to concur. and a Committee Of
Free Conference resulted that advised the
Senate to recsde from the proviso. which it
did, ana IN doing so struck out the words
last Italicized above. instead of striking
out by beginning with the word PRO
vided." This left the bill without
an Affirmative direct statement. that the
rate so fixed " shall be LEVIED"
The question raised yesterday was whether
that omission was not fatal, as, in the case Of
Savings aud Loan Society VS. Austin, it was
held that the Legislature could not delegate
the power to levy tax, and that same ques-
ton has been raised in the railroad cases in
several counties now pending Many LAWYERS
were yesterday consulted, and the almost
unanimous opinion was that there is no fatal
error in the bill The Attorney General,
with but brief examination, would not pass
upon the question positively, but strongly in
clined TO the belief that the bill is good. The
whole bill is to be taken together, say the
lawyers. The Legislature in the title
declares its intent to levy" II must be
assumed that the Legislature meant to do
something, and did not purposely make an
effort in bill to do nothing. The plain
meaning of the legislators must be derived
from the bill passed, and in that it is obvious
they meant to fNa rate and levy the tax, and
to put in operation all the necessary machin-
cry for collecting tax for the support of the
Government. As one eminent lawyer yes
terday stated it: "lf paint horse on
sign, and make it plainly evident it is a horse
and nothing else, it is not necessary to its be-
ing picture of a horse that should write
beneath it, this is a picture of horse. ="
In'doubt as TO the question. however. several
legislators remained over yesterday afternoon
to examine into it. The Governor seems TO
be clearly of the opinion that the bill will
hold good. and that he viii not need to call
the Legislature to strengthen The bill by re-
storing the words which were stricken out
probably through inadvertence.