Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1882-07-01

year thereafter, and shall take office on thu
first Monday after the 1st day of January
next succeeding their election.
Q-Was it concerning that that an actor
was brought?
A.-Yes, sir. In 1881 an action wai
brought by J. G. Treadwell against the BoarC
Of Supervisors of Yolo county. 1t was Il
test the constitutionslity of that amendment
It was maintained by Mr.. Tresdwell that the
said section, as amended, was uuconstitu
tional, and that the election should be held il
| 1881, in pursuance of the provisions of the
law as it stood prior to said amendment. The
purpose was to test the question whether an
election should be Leld in 1881, ss provided
by the law, or in 1882, as provided by the
amendment referred to. The Supreme Court,
after full argument, held that the said amend.
meut was constitutional. This was decisive
determination of the matter, and it is nc
| longer an open question.
| Q.-Neversheless goOdly number of PEG.
pie so treat it. VIII you be so kind, then, as
| to explsiu further!
A.-Certsinly. According TO the decision
referred to the election must be held this fall
except for Judges of the Superior Courts
and SGperir tendents Of Schools under
the Harrison Act :; and Assessors are
also to be elected under the same
Act in 1882. The Supreme Court hay
ing held the Act of 1881 (Hartson's amend
ment) constitutional, the election must be
held in the time and manner pointed out in
that Act, in the year 1892 for all officers,
with the exceptions named. But under Sec.
ton of Article IX of the Constitution, SUI
perintendents of Schools for each county must
be elected at the Gubernatorial elections and
one OF such elections is to be held this year,
and provision is made for the election of Su.
pesior Judges by Section of Article VI. OF
the Constitution.
Q.-What does it provide?
A.-Thst such Judges shall be elected at
the general State election, aid that they
shall hold Office for six years.
Q.-But their terms were abridged?
A-Yes. The first election for Superior
JUICES was held in 1879, and the term of the
first so elected having been shortened by the
Constitution one year, their terms, you see,
will expire on the first Monday in January,
1885.
Q.-And as to their successors?
A-They must be elected in 1884
Q.-Butitis also claimed, General, by many,
that because of the failure of the Legislature
to pass an spportionment bill redistrieting
the State, that put it as you may, it will
be impossible now to give fair aud equal rep
resentstiou IS contemplated by the new Con
stitutiop, that takes into account the changes
that have taken place in our centers of popu-
lation during the last twenty years.
At may be that there will be confusion
aud difficulty in the Legislature in adjusting
the matter of representation, but as to that
| have nothing now to do. The law IS it is
is very clear and cannot be mistaken. Prior
| to the adoption of the sew Constitution the
| Legislature divided the State into Senatorial
and Assembly districts They are notubiform
in representation, as you know some dis
r.1N-
SsnatoliI districts are 90 in number under
the existing law. The new Constitution con-
templates 40 districts. with one Senator from
each. The Legislature did not declare these
new districts. Now, under the Constitution
the law dividing the State into districts re-
mains in operation until repealed unless it is
in conflict with some provision Of the Con-
! stitution that is selt-executing.
Q.-That is what is claimed to be the case.
How do you view it
A.-Section 6, Article ", of the Consti-
tuition, provides, for the purpose of choosing
Legislature, that the State shall be divided
into forty Senatorial and eighty Assembly
| districts, as nearly equal in population as
may be, and composed of contiguous terri.
tory, to be called Senatorial and Assembly
districts. Now that provision is clearly one
not self-executiDg, for it requires legislation
| to put it into operation. The division COM
manded by that provision OF the Constitution
must be made by the legislative power, and
can be made in no other manner.
Q.-That is clear, and then we have only
the old districts left of course?
A.--Yes. Now had the provision itself
redistricted the State and defined the
boundaries of the districts, then it would
have been what is known as a self.executing
provision. The subsequent part of the Sec
| ton itself providing that the Legislature
SHALL at it's first session after each census, ad.
| just such districts and re-spportion the rep
resentation, clearly defines the intent of The
| trainers of the Constitution. 1t Just as clearly
shows as can be shown that it was intended
that legislation should be had bsfore the
present order of things was changed It re-
suits that the present law, fixing the bounds
of the districts (the apportionment law), il
now in force, and until it is amended or re-
peaied by the redistricting by the Legislature
as directed by the Constitution, Senators and
Assemblymen must be elected according to
the apportionment now provided for by
law"
Reporter-Thst seems to be unans verable.
Then we elect full compliment in 1882?
General Hsrt-Yes /; in 1882 there must be
elected so Assemblymen and 40 Senators, as
provided by the law now in force, and which
was in force prior to the adoption of the Con-
stitution.
Q-But how long are the 40 Senators TO
hoId-three or four years?
A.-Under Section 5, Article W., Of
the Constitution, which, remember, is
self-executing and requires no legislation to
put it into operation, those elected from the
even-numbered districts hold for four years,
and those from the odd-numbered districts
hold for but two years.
Reporter-But when the Legislature reap
-, h. CEok4 L.
must be changed, and some elected from odd
will find themselves in even-numbersd dis
tricts. Some counties having two Senators
will have but one the twenty nine districts
having forty Senators must be increased to
forty districts, but with no increase Of Sem
ators. Now the question is, which of the
forty elected in 1882 hold over, and will not
the change throw out some counties entirely ?
A.-As to what it may do depends
entirely upon the character of the
legislation. That there may be confu-
tors ia possible. But with all that the future
has to do. We cannot speculate on that
with any view of its affecting the law as it
is. Section 3, Article ". of the Uonstitu.
ton provides that members of the Assembly
shall be elected in 1879 at the time and in the
manner now provided by law. The second
election of Assemblymen after the adoption
Of the Constitution was commanded to be held
on the first Tuesday after the first Monday
in November, 1880. Thereafter msmbers Of
the Assembly are to be chosen biennially and
their terms of Office shall be two years.
Reporter-That, then, disposes of that
branch of the Legislature?
General Hart-Very well. Now Section 4
of the same article provides that Senators
shall be chosen for four years. at the same
time and places as members of the Assembly.
| Senators under that provision were elected
| in 1879 But by the express words of the
| Constitution the terms of those 80 elected
were shortened one year, so that their sue.
cessors will be elected in 1882. SO, you
see, we arrive at the conclusion that
forty Senators are to be chosen in 1882
1 desire to add in reply 70 your
suggestions as to difficulties to be met, that ii
is to be regretted the last Legislature
did not reapportion the State as required by
the Constitution, because any construction
| which may be made of the provision to which
L have referred, must necessarily result in
some confusion land which nearly always i;