Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-04-23
ASSEMBLY.

sAcRAMEsTo, April %, 1881.
The Assembly met at 10 A. M, Speaker PARKS in
the chair.
Two days leave Of absence was granted Mr.
Leach
Mr. MCCLURE, from and in behalf of the Judiciary
Committee, reported on the Coz stitutiopality Of
Section 1856 of S B. 4 (the road law. The COM
mittee held the section as it is Institutional, but
the proposed amendment (by Mr.. Long, is not.
ANY amendment yesting in the Supervisors Of
counties to levy and collect road tax provided
by Mr.. Long. from the property Of Incorporated
towns and cities would be i'll conflict with Section
12, Article III. of the Constitution The suhsti-
tute proposed reads 1.-THE Board OF Super
visors of each county in this State are hereby
authorized and directed, by proper order in
that behalf, to turn to the corporate uthori-
ties of any and every Incorporated city or
within their respective counties, fifty per cent
of all the load property tax collected within the
corporate limits of such cities or towns All
moneys so turned over shall be used by the cor
porate authorities OF such cities and towns ex-
cusively in the imp ovement OF the highways and
the streets therein. The Boards OF Supervisors shall
fix the amount OF moneys to be turned over under
this section by proper order and shall order the
proper warrants drawn therefor in favor of the
proper authorities of such cities or towns" The
Constitution forbids the Legislature to exercise
directly the taxing power upon counties cities
towns or other municipalities for county, town or
other municipal purposes. The report was from
eight members Of the committee
From the Senate S. B. p (defciency) was received
and read first time.
s. B. u deficiency was taken up and read third
time and refused passage by 33 to 2s The bill was
to appropriate sioo for deficiency in the appropria
ton for the salary Of bookkeeper to the Secretary
OF State for the thirty second fsc i year. Mr. Nc
CLuRE gave :otice Of a motion to reconsider S. B
l3 deficiency o. S400 for salary of bookkeeper to the
State Controller for the thirty-second fiscal year.
Mr.. Mcclure in the chair. The bill was debated at
great length. IL was resisted on the ground that
the bookkeeper is clerk, ard prohibited bv the
Constitution from receiving than 81 800 per
year. The s400 makes the salary 81 600 per year
Supporters Of the bill held that he was not clerk
in the meaning OF the Constitution. The bill was
passed.
Mr.. PLATT, from the judiciary Committee sub
mitted a minority report Mr. Longs substitute
for Section 1855 of S B. 4 (road bill. The report
holds that the section is not constitutional. The
Inhabitants of Incorporated cities and towns
also inhabitants of counties, and there be no
distinction between them. ANY classification would
be special and unconstitutional. Municipal corpora
tions have certain powers, but not such as to ex
empt them from county duties and hutdens These
municipal duties additional, and the price for
municipal privileges. The argument of the majority
would prevent the Supervisors from levyiny any tax
on such Of the people as live in municipalities The
bill would be constitutional without 1885, and it is