Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-05-14
CALIFORNIA LEGISLATURE.
FIRST EXTRA sessIoN-Fo FoRrIErH DAY.

SAcRAurNrn ALav !

!
SACRAMENTO MAY Is, 1881
The Senate was called 10 order at 10 O'Clock
President Mansfield in the chair Roll called aud
q quorum preseat. Minutes read and approved.
Mr. HUDSON, from Committee on Enrolment r5.
ported correctly enrolled s. b. 4 (reads and high-
| wsysl
at 1905 Mr.. DICKINSON moved t, take recess
| until II O'Clock. Lost Mr.. JOHNSTON moved f0r
recess until Io;3O which motion prevailed
The Senate reassembled at 1890 No quorum
present. Mr.. JOHNSTON moved call OF the Senate
which motion prevailed. The roll was called and a
qnosslm present, when, motion of Nj WESDELI,
further proceedings under the call were suspended
message was received from the Governor re-
turning, without has approval, S, g. {roads and
hishways) The message then read as follows !:
EXECUTIVE DEPARTMENT.
SACRAMENTO, Nay Is, lSSl
To the Senate Of the State of Calf rnia I have
TO inform your honorable body that l herewith re-
turn without approval S. B. 4, An Act t. repeal
Chapter 2, of Title 6, of Part of the Political
Code, and each and every section OF said Chapter
of Title 6, OF Part 3, of said Code and substitute
the in place of said repealed CHAPTER in said
Code, relating to roads and highways"
The proclamation which convened your honorable
body IL extra session ramsd one of the subjects
requiring your attention Z e enactment OF "a ger
era road law. The bill passed for that purpose
and now under consideration delegates to the Board
II Supervisors OF the various counties the power 20
imp an unlimited properly tax for road purpose
This is departure from that policy which previous
dent-that is to designate boundary place soma
limit on local taxation thai viii permit efficient gov.
ernment, and at the same time compel economy.
For 1t cannot be denied that in some counties much
extravaganza in the expen iture of public money
has prevailed by county officials. | believe 1t the
part Of wise legislation to remove both
the temptation and opportunities for extraya-
gance. The bill also seeks to provide an entire
change in the law relating the streets Of incoTpo
rated cities and towns by coufcundng such streets
with county roads, and ignoring the exclusive
power of cities and towns to improve their streets.
IL provides that a road poll tax Of S. well rs
road property tax be imposed upon the residents Of
cities and towns for county road purp- ses notwth-
standing such residents pay all the expenses for the
construction snd repair Of their streets. On the
other hand the residents of the counties outside Of
cities and towns are to be Eed for city aud town
streets. city or town street is not properly a
county road, and has never in the history OF the
State been so treated All our legis aton has reeog
nized difference between the two, and so far as
can find, the new Cons titution does not abrogate
tae difference this be so, it is plain that resi-
dent OF county outside OF city or town cannot be
taxed for laying out and improving street in such
city town and, on the other hand, resident OF
city Or town, which pays for its o~p streets, can
be taxed for county roads Ii he be so taxed he
is doubly taxed. II this view be eOirect-and SO it
cannot iaclude the laying out, improveu ent and
repair Il streets in cities and towns; that therefore
the bill under consideration, which proposes to legs
Int for cities and towns well for counties is
{" genera road law" and that il is consequently
not only unconstitutional in itself, but also uncon-
sti.utoEal in so ar as it is not embraced in the
proclamation for an extra session, which c9ntem-
plates only general road law, and not road and
street law. It is claimed by many, that the Act is
not intends, to and does not apply to the City and
County OF Sal Francisco yet, all who have given
the subiect-matter any thought admit that there is
a conflict OF opinion the question, and that it
can only be adiudcated by an appeal to the Courts
Ii seems to be exceedingly unfortunate If the
bill cannot be so amended that all doubt in this
spect may be removed. Ireahze that the sur jeet
Of roads and highways is one OF great interest
aud concern to several counties of the State
and | would net hesitate iu giving the bill my ap-
proval did feel that in doing so | would be prop
erly dschargipg my duty to the people OF the State.
Instead, how yer, of exercising my constitutional
right in permitting the bill to rest without action
which would prove fatal to its becoming az
have, at the risk Of being charged with trench
upon the Legislative Deua' tment of the G eri-
meut returned the bill TO your houo1sh.e
that it may, if YOU thiak my iu1guiet
become a Law, notwithstanding my Oh e
GE 1RGE c. PERKINS,
Governor.
The question recurring upon the passage OF the
bill notwithstanding the objections of tie Gov
enor, the roll was called ard the bill failed pass
by Is to ID, not constitutional majority, fol-
lows
Ayes-Burt, Brown, Carlock, Chase. Cheney,
Hill, J0nnston Lanpson, Langford. Morelaud, Nye,
Ropeli, RYAN, West, Zuck--15.
Noes-Congfr, Davis, Dickinson, George, Cor
man, Hittei, hGne, ke!ly, HeIson, farueeI Bears,
Traylor, Wende-19.
Mr.. DAVIS, on behalf of the members of the SEN
ate presented the Secretary, James d. Orr, with
gold headed cane and watch charms.
At li:25, on motion OF Mr. DICKINSON, the Senate
took . recess until Has.
The Senate recouyensd at ll;45, President Mans
e eld in the chair.
Mr. HILL moved the appointment Of committee
to inform the Governor that the Senate had con-
cluded its business. Carried, aud Senators bill,
Dickinson and Moreiand appointed.
Mr. BURT nc, ed that the Assembly be informed
that the Senate is ready to adjourn. Carried.
Mr. CHESEY offered resolution thanking Mr..
Hodsou for presenting the State with the photo.
grephs OF the Senators, which was adopted.
a message was received from the ASSEMBLY an
nouncing the completion Of its work.
Mr. HiLL reported that the Governor had no
further communication TO m Ike to the Senste.
Mr. ssARs addressed the Senate in a few parliag
words.
Mr. DAVIS also made few remarks.
The.t;me having arrived iz-d by the concurrent
resolution for adjournment, the President declared
the extra session Of the Legislature adjourned sue
die