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

I q a
direct conflict with the laws Of the United States
and sm not afraid that this State will lose its taxes
ard ] believe that the United States Supreme
Court will reverse the San Mateo Ii was con-
tended in that that this mortgage that the rail-
road company claimed they had right TO introduce
that they had mortgage on that property through
Sen Matso county, and il the properly was worth
100000 and . mortgage worth $50 COO, that the
mortgage should be deducted They also made a
point that the levy made by the State Board Of
Equalization, and they were not consulted and
think the Supreme Court will reverse tina, decision,
and | hope they will. But | am not here
TO argue that. The only proposition We hsyt
Rad here to-day is the affair of losing taxes
New, ask YOU Senator'S whesi er there has been a
single scntlla Of testimony evidence introduced
here either by way OF citation OF authority or cit5
ton OF evidence TO chow that if this Southern Pacific
Railroad was consolidated under this Act Of Con-
gress 1t would feet the State power. They have
failed to that proposition. They cay that the
State could not have control over the corporation
Upon that propo itiOn il comes down 10 the fran
chise. The Senator from Plumas thought perhap;
the franchise would be exempt from tsxation this
corporation were to become national cor
poraiioD / ask him to show me q single
authority where the Supreme Court has ever de-
cided that you could not tax that which was de-
cared by the State Constitution to be ours. / ask
you to point to me decision whereJhey have held
that the property within the limits boundaries Of
the States could not be taxed. There has been
something said here about railroad attorneys dc
not think it is necessary for to make any decla
ration, except that | never was employed by the
railroa1 company, and never was connected with
them directly or indirectly. have not the pleasure
OF knowing Nj. Stanford or Mr.. Huntington.
tried to argue and express my views upon this
subject. l believe that it is simply wasting time.
believe all such resolutions are a waste Of time
and only for political hurcombe. That has always
been my opinion about this class OF bills and reso
tions.
The vote was taken at 6 40 upon the resolution,
and it was adopted by the following vote:
Ayes-Baldwin, Chandler, Cox, Del Yalie, Dudley,
English, ficher, Foster, johnson, Knight, Lang
ford, Lynch, Maddox, Murphy, Reddy. Reynolds,
Spencer of Napa, Spencer of Stanislaus, Steele,
Sullivan, Taylor, Whitney, Wolfskill-22.
Noes-cronan, Cross, Dougherty, Fraser, Harri-
gan, heating. Kelly OF San francisco, Kelly OF So
lano, Kellogg, Mccarthy, Mcclure. Nelson, Perry,
Routier, Ryan, VroomaD, Wallace-l7
The Senate then adjourned.
ASSEMBLY.
The Assembly met at 10 A. NJ, Speaker La Rue in
the chair and quorum present. Prayer was offered
By the Chaplain, and minutes of previous day were
read.
Head introduced a petition from Los Angeles
orahardists requesting legislation against the keep
ing Of bees within two miles OF an orchard district
Referred to Committee Agriculture.
The special order OF the day, A. B. 500, was then
called, ard Cutter moved to make it the special or
der for Monday next at 2:30 P NJ. He opposed this
raroading legislation, and believed the bill I'M
constitutional.
t1Oster baiu ne was IN FAVOR OF the Dill, but did
not see the necessity of such rapid legislation He
also doubted its c5nstitutioAaity, and favored the
reference.
Caminetti moved that the bill be referred to the
judiciary Committee with request to report imme-
diately as TO the constitutional II Sections 4
and @.
Cutter amended his motion, making the bill the
special order for Monday next at p NJ, and that
the Judiciary Committee be requested to report at
that time upon the constitutioaality OF the two zee
tions.
storke opposed the motion, and said it was merely
for delay
Booth said he voted for the bill before, but there
were some questions involved in it that he wanted
to exam inc bat had not had time as vet to do So
He was in favor of railroad legislation and the prin
cples of the bill, but he wanted time to thoroug hIy
examine it.
Barry opposed the motion on The grounds that IL
was merely for delay, and stated that all knew the
session halt over, and as the bill was sure of
opposition in the Senate, it should reach that body
then as soon as possible.
Leyerson said he never voted for measure of
which he IS afterwards so thoroughly ashamed as
he was of his vote yesterday in favor of this bill
He characterized Section as pernicious Section 6
partly so, and Section as damnable, because a
Judge who renders judgment is not allowed to
suspend its execution.
Simon and Granger also opposed the motion on
grounds Of delay.
Coleman said he had no doubt if the bill was re.
ferred to the Judiciary Committee when the hill
came back with the suggested changes some OF the
members would then have other iieas about it, and
thought the only way to test its csnstitutonality
was to pass it. and when it goes to the Courts the
basis upon which it stands will be discovered
Irwin favored the motion, SO as to give time TO
advise himself of the constitutionalty of the bill
Atwel said the latter part of Section struck him
as unconstitutional and he favored letting it 60 to
the committee.
Cutters orig nal motion was Their put and lost by
vote OF 20 ayes and II noes
Wharton said lie voted for the postponement OF
tie bill, 50 that he might have time to inform him
self about the character and constit1toualitv of 1t
he in favor of the principles OF the bill but dis
liked TO place himself, or this Assembly place
itself, upon record by voting for bill which was
unconstitutional or communistic.
4 cali OF the House was made, and n answered
to their names
Caminettis motion to refer the bill was then lost
by SO ayes to 40 noes.
The bill was then read for the third time and
passed by the following vote
Ayes-Atwel, Bury Beard, Bib, Bowers Bric-.
land, Blown, Callaghan, Canlnetti, Campbell Car
ter, Cary, Clark, Colem1n, Cooubs, Crumpton
Gutter, Doty, Faw, Field, Femming Flynn, Fortna
Gaussail, Granger, Hail. Hamilton, Head, Helly
Heath, HOLSTER Hughes, Hunter, Irwin, Johnston,
Keller, Kerriek, Lewison, Martin Mathews Nc
ClaSIey, Mcdonald, EicHale, Mofiitt, Murphy, kico
0Conaor, Parker, Peterson, Piover. Rawe, Reeves
Rhiel, Rowland, Ryan, Simon, Smith, Stephens
Stewart StoTke, Terry, Townsend, Weaver, wharton
Wheat, Wheelan, Yell, Mr.. Speaker-s5.
Noes-Bsrnes, Booth, Clement, Culver, Farley
Murdoch
Sweetland, Walrath-12.
Cutter changed his vote from no to aye, and gave
notice that tomorrow he would move to recon
slider.
The Committee on Irrigation reported the ex
penses Of their trip to Fresno county to be 1852 81
The Committee on Swamp and Overlooked Land.
reported back A. B. 240, relating to the reorgan
IL ton OF swamp land reclamation DISTRICTS with az
adverse report.
The Committee on Mines and Mining reported S
B. So an Act for the protection of miners. witt
favorable recommendations
The Committee Water Rights and Drainage
reported adversely on q. b. 3D. concerning irriga
ton, drainage, and to improve the Sacramento anC
San joaquin rivers.
The House then went into Committee of the
Whole and the discussion Of the appropriation bill
was resumed.
Hershey moved as amendment that the Ma
tiona Guard receive only 500 000 and Storke offered
as an amendment to that $50, 600.
Simon opposed the eduction, saying while he
was not military man, he was a taxpayer, and be
willing TO contribute bis part to the support OF
the militia
HoLis'er said there was law on the statute
books that pro ides the amount that shall be appro
priated for the National Guard, and that was the
amount the bill called for.
Wharton believed it WAS the tuty of the Leeisla-
ture TO either abolish the militia or give them an
appropriation sufficient to keep up their organize
ton; was in favor of the National Guard and dur.
ing his recent tour OF inspection had been asreeaby
surprised with the soldery bearing, thorough drill
and excellent condition Of arms and equipments Of
the citizen soldiery.
Keller favored the appropriation, because our
militia to the Union what West Point was to the
army.
: Granger thought the system was an ulcer on the
body polite of the State.
AFTERNOON SESSION
After recess consider. ton Of the appropriation
bill resumed and after considerable discussion
Storkes motion to reduce The appropriation to $780,
coo was lost. Hershey's molten to reduce from
sl55coo to 500, coo was also lost, by vote of AZ
to 81.
The committee voted sl45 900 for the support of
the State printing tfIice.
Atwell moved to strike out that portion OF the
bill relating to the support Of the office OF the State
Engineer. Pending the discussion the committee
aud reported progress to the House
A b. l, by Crumpton, WIS read the third time
It's reading occupied one hour, and SO many OF the
members started out OF the chamber during Il g
time that it necessary to nave a call OF the
House before the bill could be put its final pas
sage. The Ssrgeant-at Arms brought in about a
dozen members, and each was compelled to appear
before the bsr of the House and make an excuse
This produced great deal of merrIment. The bill
was then passed by vote of 60 ayes.
A. B. S44 was made the special order for 8 p NJ.
to day.
Cutter moved to reconsider the vote whereby
Assembly concurrent resolution to amend the Con.