Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1883-02-09
THE a1sLATuRs.

.nce of spectators in both houses OF the Legislature
yesterday on account Of the railroad bills, witch
reached upon special ORDER and after extended
discussion were disposed Of.
The Senate met ut 10 A. NJ, President Daggett in
he chair. Quorum present. Jouraal read and APP
proved
The Committees upon Claims, Fish and Game,
and judiciary made reports upon bills referred to
them.
Several bills we're introduced, among which were
The FOL owing:
By Perry upon reques), to amend the Political
Code relative TO vaccine agents and vaccine matter
By Whitney, to secure representation OF the re-
sources Industries Of California at the A,nster-
dam International xp sition.
By Dudley, to amend section I, Article w., of the
Constitution O; the State, in reference to contested
elections, that the section shall read: 50 Each
house shall choose its officers but in case the right
OF any person holding certificate Of election to
seat in either house is contested, all questions
raised thereby shall be determined in any Court OF
jurs diction, as provided by law, under
the ordinary rules OF judicial proceeding"
By Spencer of Napa, to establish system Of
sewerage at the Deaf, Dumb and Bind Asylum and
the State University.
BY Perry upon request), to prevent discrim ma
ton by gas companies.
By sullivan, for the payment of James A. Way
mire for services rendered as attorney at law in
testing the constitutionaty Of the Act to promote
drainage.
By Steele, to amend Section of Article Kill of the
Constitution, relating to the State Board of Equal
izatiJn.
s. Bs 81 and II, relating to reads and Highways,
passed on the file, and S. B. II WAS refused
first reading by a vote Of 16 ayes to Il noes.
AFTERNOON SESSION.
After recess message was received from the Gov
ernor inclosing a letter from Governor Adams Of
Nevada, with which he presented joint resolution
passed by the Legislature of Nevada with reference
to fouling the Truckee river by sawdust and ether
debris, and asking legislation on the subject
The special order was then taken up, being con.
sideration of the substitute reported BY the Com
mittee on Federal Relations for s. j. r. 2, and A. c.
r. 81 relating to the consolidation of the Southern
Pacific Railroads. The substitute was voted upon
without discussion an lost-ayes 49, noes "a.
S. J. H. was then passed upon the file, and A. c.
r. q taken up.
Mr. Mcclure said: Mr.. President, inasmuch as
this subject matter has been fully discussed before
the Committee on Federal Relations and in the pres
ence of nearly all the Senators and many of the
Assembly, do not think it is proper to take upsny
great length OF time in discussing the merits or de
merits OF the resolution at this time but desire
to explain my vote upon this proposition. / voted
against this proposition once and l intend to vote
against the resolution. voted against the suhsti-
tute because am lot, as a LAWYER willing 10 yield
any conclusions that may arrive at upon bill that
comes before US to two or three men who
are noe lawyers | am not willing to 90
on record SO. 1 don't pretend to be infallible
but still ! consider myself capable OF arriving at
least at a conclusion In my view OF Ibis PROPOSE
ton, and l am going to discuss it simply from q
legal standpoint in explanation Of why vote for the
resolution in its present form, subscribe and ad-
here to the Democratic doctrine that there is no
such thing known under the Constitution of the
United States as a Federal corporation under
stand that everything known as corporation eIla-
hating from the Congress OF the United States is
approved by CongTess-to make war; maintain post
roads, etc. that it is incident instance to that
power; that it is the means to furnish the revenue
of the country or carry on the business of the
Government but further contend that it is well
settled BY all the authorities, beginning with the
9th Of Wallace, that SO long as the power of Con
gress lies dormant, so long the Congress Of the
United States fails TO exercise the right of control OF
freghs and fares or nterferes with the corporation
so long they f3 to exercise that power then the
State may exercise ii, and, a lawyer, |
don't subscribe to the proposition contained in
this preamble, that the effect of this bill
pending before the Congress of the United
States would be to relieve the State of the control
of this corporation. That is my legal opiaion and
therefore can't vote for the resolution and for the
same reason could not subscribe to the substitute,
because don't believe II the consolidation had
under the bi ii it passed, that it would in any
way affect the right of the State to tax the property
OF the corporation, and have failed to be con-
WINGED upon this legal proposition and therefore, as
lawyer, am not Wiling to go on record and say
that the legal effect of the bill if it becomes stat
ute or law of the United States, is to deprive the
State of the control Of the taxable property OF the
CORPORATION. As to the policy of the law, have
not heard one word from my constituents upen this
proposition. l have received no letter, and in con
versation with the people of San Franc SEQ, whcm
represent in part, the merchants and persons inter
es ed in shipping, have not heard oGe single pro-
test. The only prote we nave had is from one OF
the N Fra cisco newspapers, put do not receive
my law ION newspapers, and | cannot have
my judgment perverted By what new
paper may say as to a legal proposition,
aud win so upon record while the resolu-
ton stands in the position it does TO day. But as
ma ter Of policy | believe it would be to the inter
ests Of the people to have q continuous ne if it
could be done without interference with the rights
of the people. know one nf the greatest ques-
tons of the day is corporations. l know G has
sgitlted the people Tor may years. aud wi take
N NY years to settle, and l know by little side
issue OF the tax cases in San Franeic0 they trie to
get around them and settle 1t, but don't believe
thu Supreme Court Of the United States will 20
back one i0ta from what they have said in "a u s.
IS Wallace, and in every case that has been settled
in the United States In two or hree OF the cases
there havebeen dissenting opinions written oy Judge
Field, which have been spoken of here, and | an
not willing to assent TO the doctrine that the Su.
preme Court WILL 10 day, overturn all the decisions
winch have been written upon the question. / 10
not believe, and cannot say that have been per-
hitting, the Central Pacific Railroad Company to
come in here and say that the trouble is when we
reach the end of our line Ut Ogden we meet the
Union Pacific, and they hold us in such way that
we have to do what they say. / do N t herr of any
trouble about through freight the whole trouble
seems to be with regard TO the loci traffic | would
like to ask some OF the Senators how, under the de
ci7ons Of the supreme Court this BILL il it becomes
law and the eompAri consolidate d, it can in
any way interfere with local traffic. in any way in.
teriere with Determinations between local points
and | do believe, If we had through road to New
Orleans, and in time to New York, it would be in
the interest Of the people instead of the Texas Pacific
or Southern Pacific of Arizona New Mexico. IdOn't
understand the why the interest OF the people
in that resp; CT is in jeopardy, but l understand
4NaaNb ~NsI
and the exprt ions of opinions given here by gem
tlemen who feel an interest in the matter, the
whole talk seems TO be that il the bill passed it
will give these people chance to become what
they call Federal corporation, and relieve them
from local taxation. defy the gentlemen to point
me to one decision of the Supreme Court Of tho
United States, or Of the Western States-who have
been graphing with the question for years-where
they have been relieved Of taxation There are
TWO or three cases in the is Wallace. There the
Union Pacific was Federal corporation
1t made a postal route, and given
a franchise. The question there squarely
whether not the State of Nebraska could collect
the taxes don't want to take up the time TO Rad
that one for every Senator has read it, and they
said that the objection. 1t is contended by the
Southern Pacific Railroad that by the fourteenth
amendment they are entitled to the protection OF
the Courts of the United States and because OF the
lands and land grants, and other assistance they
have received they became rather sort OF Federal
corporation, but the Court says in this Gaze (the
u. 81 ". i
that so long as the Congress Of the United States
fails to exercise the power inherent in Congress-
with regard to these roads passing through the
States, each State may use that power, and would
ask the Senators if they have any such authority
because am open TO conviction. would like that
they show me how In any way you may incorporate
under an Act Of Congress, if you please, railroad
COMPANY except under the extraordinary powers OF
Congress, so that the mails may be carried, and out
side of that would ask them to point to me a sin
gle instance of the kind cannot go on record and
stultifgmy opiniousas lawyer Iamnotready to have
thu State make any such resolution, aud / will
subscribe to it until the Supreme Court of the
United states the highest judicial authority in the
sub scribe TO it; but as long they hold this doc
trine-sO long they are subject 10 the Stste gov
eminent for taxes, so long will demur to this doc
trine but ii Justice Field should become msjoFitv
of the Court and express his opinions then itwoud
be time for us amend the Constitution, but until
that state OF aflrs arrive shall contend that the
State has authority any railroad, whether it is
a local or a through line.
Mr.. Routier spoke briefly in opposition to the
resolution and said he could not vote for its ad lp
ton.
| do not desire occupy much tine Of the Senate
in the discussion Of this matter | shall speak
briefly and as Pointedly as can about the proposi.
tons containej in this res luton. l might be will
ing to do litsle lying privately at home where
one would know it: but when / am asked publicly
as Senator Of the State of California to indorse
thai which | know is not true, and moreover, TO
subscribe to the teegrap9ing Of that to the Sena-
RS aud Representatives OF the State of California
at Washington, basis for their action, SIR it
more than | can do. l know that this