Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1883-03-08
IS IT REPUDrAf1oa ?

EDS. REcoRD-UNIoN From the latest
reports it looks as il the Assembly meant
to allow Assembly bill 2O7, providing for the
payment of debts due the contractors usder
the drainage bill, to be defeated by inaction
on its part, and thus practically rob the
creditors of their due. The passage of this
bill is not matter of merely slight import
anca. More ia dependent upon it than simply
the payment of S275, COO from the State
Treasury. It is question OF justice; an
honorable and valid debt due by California
to numerous of her own citizens-mainly
laborers and men of small means who are
financially crippled by the long delay in
securing their pay for work done two years
age, and to many Of whom a Eon- payment
means actual bankruptcy. These men took
the contracts after being expressly told, by
the highest legal officer of the State, that the
bill was constitutional, and that the warrants
drawn against the Estate Construction Fund
Of California would be duly honored.
A great many of the contractors were work.
ing on borrowed capital. They were vitality
interested in getting good protective leyees
built, and had no confidence in the work of
wholesale contractors. Many discommoded
themselves-fer their own good, to be sure
but was it not in the best interests Of the
community and of the State These men
complied with the very letter Of their CON-
tracts, but when they came to draw their
warrants, they were refused payment on &C.
count of a mere constitutional flaw in the
wording Of the title of the bill. This is all
that was unconstitutional about the bill. The
Legislature was sincere in its wish to have
the works undertaken. The interests of the
State demanded some attempt at reconciling
the seemingly incorporating conflict be.
tween her two greatest ndustries-sgricult-
ure and mining. The Courts of equity had
practically come to the conclusion that I'M
less remedies were effected, hydraulic mining
must be discontinued. The people of the
State willingly, and even chs1rfully, contrib
uted their quota of taxes to the attainment
Of this much desired end; and the con.
tractors, confident of the unimpeached integ-
rity of their State, as denoted by the will Of
the Legislature, went on and advanced the
necessary funds for the construction Of the
protec i've works. And what are the conse-
quences!
An over.scrupulous member, whose desire
was for personal aggrandisement rather than
TO carry out the will of his constituents and
legislste for the good of the State, succeeded
in getting the bill invslided, on the strength
of its title not conforming with what is ire
quired by law" And now some of our prom,
inent legal lights q quote "Cooley" and
say, 1t is as if it never had BEEN"
Why such hypocritical sophistry? Thee
are the very men who are capable OF contract
ing fer O. load Of barley hay, and when it is
used up. on the seller calling for his pay, re-
fusing to pay for it because it contained some
oats as we'll as barley.
This complying with the very ''letter of
the law . Is one thing to one class of men,
and quite different thing to another class.
A word here or there cannot. in strict and
honorable equity, make debt repudiatable.
The fact that an obligation has been rendered
calls for an honorable recompense. These
factors to the performance of contracts are
inseparable.
Contracts were made under the Drainage
Act, and every precaution was taken. by re-
quiring bonds, etc., 60 make the ful6llment
of them binding On the contractors.
But what security did these contractors
have as against the State? Nothing or
everything, as only the action Of the present
Legislature will show.
Nothing-if the State is going to repujiats
the debt due her own citizens. Nothing-if
our Legislators. as honorable men Individuality,
have not the broader integrity of statesmen
and humanitarians. If they do not consider
the pledge of the State as collective pledge
.
il they can uncoucernedly refuse TO use their
legislative power to pay this just debt, the
same as they would apply their individual
signatures to the cancellation of debt of
honor against themselves persona ly-then it
is, in these cases, no use to appeal to their
sense of justice and integrity as honorable
men-legislators, and for the time being the
ErecutiUe of California, and responsible for
the position the State is to take in this mat
ter of justice. The State is an individual
only in the collectiveness OF its legislators,
and no claim can be secured from the State
except through its Legislature.
II this is the way matters stand at Sacra-
mento, then the contractors, after trusting
implicitly in the State, have unfortunately
proceeded to the ful6llment of their contracts
without even semblance OF security. In
fact, they had absolutely nothing as q guarsn-
tee and in the future all men will be careful
now they uphold and trust the integrity of
California, as represented by the expression
of her Legislature.
On the other hand, they were justified in
undertaking the work as they did, if Califor-
nis will not repudiate valid debt. If the
members of the Legislature will only drop
their little personal schemes and animosities
for moment and listen to the dictates of con-
science, accepting as al index the position
they would take if they were concerned sim
ply in their individual capacity as honorable
and representative men of the State, and il
our Legislature does justice TO the views and
wishes OF the mass of the people in this mat
ter, SO that California may not be classed
among the backsiding regulators"
What will be the consequences il this bill
does not pass? The State will have refused
to fulfill her part of the contracts, and as I
have already said, California will be repu-
distor. The Legislature will have virtually
locked the door against any future payment,
for If this Legislature can so pervert its sense
of Justice as to neglect to pass the bill, it will
| inaugursts precedent for coming ones to
follow. Many of the Individual contractors
will have all hope of regaining thsir solvency
taken away their warrants will remain az
they now are-valueless their hard-earned
wages will have been denied them and their
own State will be the extortioner forcing
| them to the wall. In their individual espaci.
ties the legislators may still be honorable, yet
| they will have committed breach Of honor
against their own fellow-men, against their
constituents, their county and the State.
And they will cause California to be unenvi'
| ably pointed out as the "Golden State
which holds no obligations TO be binding. and
where the citizens have ceased to trust the
Legislature.
| This debris question is becoming more than
we'll known. Congress has had to do with it,
and as surely as this relief bill is not passed
Congress will refuse to help State that has
refused to pay for work done under contracts
| let by her Legislature. The members of the
Legislature are each and all responsible foI
the opinion which will be entertained of the
present legislative session, and If they cannot
see the advissbility Of paying the just debts
of the State. then the outlook is surely a poor
one for the future of the incoming political
psrty. M. I'll. d.
oakland, March 6. 1888.
BRIEF NOTES.
Tho Co,,pf,, CIerly has mt isaued = mar