Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1883-02-17
THE LEGISLATURE.
Dudley Unseated in the senate-The DEM
ocrats in the Assembly in Queer Pre-
dicament-A Vacant Chair.

taken up with the consideration Of the road law
which finally went to engrossment. The Assembly
unseated Barnes and declared his seat vacant, and
for time there was great excitement among the
Democratic faithful. An evening session was held
to straighten the matter out.
The Senate met at 10 A. NJ, Lieutenant Governor
Daggett in the chair.
Mcclure introduced bill providing that after the
first day of January. 1885, dead bodies shall not be
buried within the limits OF any Incorporated town
or city or municipal corporation. Makes it mis-
demeanor to violate the provisions Of the Act.
Kelly Of Solano introduced a bill to amend Sec
tions $50 and $50 of the Code of Civil Procedure,
concerning attachments. 1t allows attachments TO
continue until the debt satisfied.
Cronan introduced bill appropriating $4,000 for
the benefit Of the Deaf, Dumb and Blind ASYLUM.
Spencer of Napa introduced bill providing that
when any warrant is drawn by the State Controller
in favor OF the directors trustees commissioners
of any institution or department of government
supported entirely by the State, and is presented to
the State Treasurer for payment. and the same is
not paid for want of funds the Treasurer must in
dorse thereon Not paid for the want Of funds"
with the date Of presentation and sign his name
thereto and from that time until paid, or notice
given that payment will be made, the warrant bears
interest at the rate Of per cent. per annum.
Knight introduced bill to authorize Boards Of
Supervisors to allow County Auditors to audit and
County Treasurers to pay claims of persons who
have through mistake as to the law been elected
to the office OF Roadmaster.
Spencer OF Sta1lSlauS introduced a Dill relative 10
funding and rounding county Indebtedness.
johnson introduced a bill to amend the Act cre-
ating Hastings College of Law.
Cronan from the Joint Committee Public
Buildings, introduced a bill TO provide for the cree
ton of buildings and other improvements for the
Napa Asylum for the Insane Appropriates S24 00e.
The Senate then took up the special order OF the
day the contested election case of Buck vs. Dudley
the first question being on the adoption Of the
minority report, which declared the sitting member
entitled to his seat
The Senate refused to adopt the minority report
by q vote of ayes to % Does-a strict party vote.
The Senate then adopted the report OF the MAORI
ty of the Committee on Elections, declaring L NJ.
Buck the contestant, to be entitled to seat in the
Senate from SOlsnO county, by the following vote:
Ayes-CoX, Cronan, Cross Del Vale, DOugherty,
Enrlish Filcher Foster Harrigan johnson, he logg,
Heating, Knight, Langford, Lynch, Maddox, Me-
Carthy, Nelson, Reddy, Reynolds, Ryan, Sullivan,
Spencer Of Napa, Spencer OF Stanisaus, Taylor and
Wolfskil-26.
Noes-Cbandler, Fraser, Mcclure, Perry, Reuter-,
Steele, VIooman, Wallis and Whitney-9.
The Lieutenant Governor appointed Senator
Kellogg committee OF one to introduce the SEN
ator elect. Senator kellogg escorted L. NJ. Buck to
the bar of the Senate and he took and subscribed
to the oath of Senator of the State o. California,
the oath being administered by Observation-Disclosures
Daggett.
Cross introduced Joint resolution requesting our
Representatives and instructing our Senators in
Congress to favor the passage of an Act OF Congress-
providing for a civil government in Alaska.
The Committee on Claims reported back the bill
for the contingent fund of the Senate 1t was taken
up at once, declared a case OF urgency, the rules
were suspended and it was read three times and
pa .sed.
Other committees reported back various bills.
The Senate then resumed consideration of A. B.
1.-THE road law-the question being on the adoption
OF the following amendment, offered by Whitney :
Strike out the proviso, commencing on line q OF
Section 3 page 1S and insert the following in lieu
thereof Is Provided further, that nothing herein
contained shall be deemed to authorize the levy
collection OF a road poll tax or property road tax
within municipalities existing under the laws of
this State, wherein work or improvement upon the
streets is done by virtue of any law relating to street
work and improvements within such municipality"
Ryan spoke against the adoption of the amend
ment, the ground that IL was right that the PEG
pie of ncory GRATED and cities should help pay
to maintain the roads surrounding them
langford opposed the amendment on the same
ground and also because he believed it would make
the law unconstitutional
Cox, Mcclure, Whitney, Spencer OF Napa and
Vrooman spoke IN favor of the amendment
Mir. Vrooman made an earnest endeavor to secure
the adoption Of the amendment, speaking strongly
in favor of it and arguing in ar emphatic and log
ical manner. Among other things, he said Mr..
President, hope this amendment will be adopted.
believe from the reading OF the section as it now
appears 10 the bill that it was the intention OF the
committee that the bill should have the effect which
is proposed to be given it by this amendment. But
submit to the Sc ators that if they will examine
the section they will support this amendment and
we can then tell what the effect OF it viii be. Now,
sir to the constitutional question suggested by
the Senator from Sonoma. There is no doubt at all
but what this amendment is constitut onal. 1t is
laid down in Cooley on Constitutional Limitations
that the rule requiring taxation to be equal and uni
form does not apply to assessments tor road pur-
noses | see the s nator from San joaquin looking
doubtful about it. and call his attention to ths
ton. l read from Section 495:
Gas to all taxation appOrtioned upon property,
there must be taxing districts and within these dis
tricts the rule OF absolute uniformity must be app-
cable State tax is to be apport;oned through the
State, county tax through the county, city tax
through the city, while in the case of local improve
msnts, benefit.ng in a special and peculiar manner
some portion of the State or of county
or city, it is competent &c arrange a
special taxing district within which the
expense shall be spportioned School districts and
road districts also taxing districts for the pecu
liar purposes for which they exist and villages may
have special powers of taxation distinct from the
townships of which they form part"
read from Cooley on Constitutional Limitations.
He laws down the proposition that a road district
may be special taxing district, and that the rule
OF the Constitution requiring the taxation to be
equal and uniform does Lot apply to that tax.
a'so call the attention of the Senate 20 Section
T55 of Dillon on Municipal Corporations "'rhe
Constitution Of California requires that taxation
shall be equal and uniform throughout the State,
ard that all property in the state shall be taxed in
proportion to its value The werd taxation as
here used, was held by the Supreme Court of that
State to refer to general taxes TO defrsy
the ordinary expenses of the State and its
ments for local improvements; that taxation was
intended to be exercised upon the basis of value,
as to secure equality and uniformity that assess
ments (athough a branch OF the taxing power) need
not necessarily be exercised on the ad vaorem prin
ciple, but the Legislature is at liberty to adopt
different mode or basis Of apportionment such
frontage benefits received, or superficial contents
Now in the case OF Emory against the gas company,
in IS of California this entire question was dis
cuss d. and after an exhaustive review of all cases
bearing upon the subject, the Supreme Court held
that it mpetent for the Legislature, in the
matter OF constructing roads and highways and
Streets to levy the TAI upon the districts supposed
to be benefited by the proposed improvements
They say that in those cases it was CON-
petent for the Legislature to define the district
that will be benefted by the proposed improve.
ments and levee in that district. Now, it was
stated by the Senators here yesterday that this
an attempt to incorporate in the road law pro-
vision desire especa ally to direct your attention
to Section 651I of Httelfs General Laws. l call the
Senators attention this fact because it stated
here yesterday upon the hOor Of this Senate at it
had never been tne law of the StGteo EXEMPT nun ci
palites from taxation for road purposes The law in
force before the adoption Of the Code reads as fol-
lows 1.-The Board Of supervisors shall have power
to levy road tax on all able bodied men between
the ages OF twentY-One and fifty years, which shall
not exceed four dollars per annum, and property
tax which shall not exceed Ave cents n each one
hundred dollars, Tor road purposes to be levied and
collected at The same time and in the same
manner as other property taxes are collected :;
provided that the provisions OF this section so far
it relates to the road tax shall not app to any
OF the Incorporated cities OF this State and pro
vided further that any person liable to pay road.
tax as herein provided, may at his option pay the
same in labor CO the road, under the direction Of
the overseer, at the rate of two dollars per day."
Now here is the provision OF the statute in force
before the adoption OF the Code providing that you
could not assess q road tax upon property in the
city, Again, Section 1854 OF the Political Code cor
talns the same provision, and reads as follows :
s. The road poll and property tax herein provided
must no Levied or ed tba irI,a
itants or property of incorporated towns and cities
which by municipal authority levy such taxes for
the streets and alleys thereof"
The provision that attempting TO have
adopted into his proposed law has been the law Of
this State for the last twenty years 1t is just and
equitable anendA emit and certainly ought to be
adopted
Pending c9nsd ration of the amendment, the
Senate took cess until P
After recess the Senate took up the Assembly
message, and bills acre referred to the proper com
mites.
The Senate then took mp the Assembly bill pro-
yiding for appropriation for the contingent fund