Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1883-11-19
THE REASONS STATED
By the Governor for Not Calling an Extra
Session Of the Legislature.

BY the Governor Tor MOI OaIilne 49,
Session Of the Legislature.
The fact that the Governor has decided
not to call an extra session has already
been published. but the reasons upon which
he based the decision, stated in his letter
to DIR. Grattan, Chairman of the State
Grange, and now made public, are OF inter-
est. His letter is quite lengthy, but the
main points are as follows:
"At the time Of the interview, says
the Governor, 1--WE went over the whole
ground, and promised to give my views
In writing. believe l have given the
subject of special session OF the Legisla-
ture as much serious thought as any man.
/ have examined the subject in all its
phases. Since the first note OF dissatisfac-
tion arose in regard to the delsy of the
Board of Railroad Commissioners in estab-
fishing rates Of charges for the trSnsporta-
tion of passengers and freight, this subject
Sas been constantly on my mind.
The Governor then considers the mean
ing of the provision of the Constitution
empowering him to convene the Legislature
in extraordinary session, and says:
The failure of the State to collect sGf-
tcient revenue to support the Government
would also, in my opinion, be an occasion
sufficiently extraordinary to justify the
Executive in convening the Legislature to
provide, either by Law or constitutional
amendment the revenue required.
"l entirely agree with your committee
that every candidate who makes promises
or pledges prior to election should be held
to the sGrictest accountability for their full
fillment. Every officer who violates or
fails to keep pledge or promise given be-
fore the election should be punished but
it appears TO me that the punishment
should be visited upon him by his constitu-
ents, by public opinion and ny social and
political ostrscism.
"It may be possible for the Legislature
to frame an effectual law 10 punish
officers who have violated pledges made
to Conventions or to the people by utter
ances, verbally or ia writing. But the
question arises, Before what tribunal shall
they be tried? Is the offender TO have the
benefit of trial by Court or jury, or shall he
be impeached2 2 The statutes already fully
provide means for the removal from office
OF all persons who are guilty of official
misconduct, either by trial before Court
or jury, OF by impeachment. They also
provide for the removal of certain officers
for certain causes by other methods of pro-
cedure.
1.-THE Grange wants the Legislature to
pass laws to give effect to Section 2l of
Article XII. of the Constitution,
1.-THE only failure of the Legislature has
been to provide penalty against trans
portation companies for not carrying cut IN
good faith the rates of fares and freights
prescribed by the Railroad Commissioners.
As am not aware that transportation
companies have refused to carry out the
schedules (such as they are) adopted by the
Railroad Commissioners, the necessity for
asking the Legislature to ae. upon that
subject has not yet arisen.
"As to amendments to the Constitution,
the next general election takes place year
from now, and within two months of the
next regular session therefore, cannot
see any necessity for haste. The people
can, at the next election, elect Legisla-
ture in sympathy with these views and
have amendments submitted.
"As to the delinquent taxes Of the rail-
road companies, the Circuit Court has de-
cided against the State. II is expected
that test case will be tried and deter
mined at the present term of the Supreme
Court. l cannot understand how the Leg
islature could act intelligently on the sub.
ject until the Supreme Court is heard
from. Suppose the Legislature be con-
vened while the case is pending, and SUBJ
NIT an amendment changing the method of
assessment of railroad property that the
people should afterward, at an election
called for that purpose, rstify such amend
ment and then, after all this had been
done, the Supreme Court should decide
that our present Constitution and tax laws
are good, and the railroad companies are
bound to pay the taxes assessed under it;
what condition would our State then be
in Would we not be in the situation of
having an amendment to the Constitution,
new and untried, and in regard to the ie-
gality of which the same doubts might
arise, the came litigation ensue, and the
same vexations be visited upon US by the
railroad corporations p
The Governor feels confident that the
Supreme Court will decide in favor of the
State. He says, in conclusion, that if the
case now before the Supreme Court be de.
cided against the State, and the railroad
companies refuse to pay their taxes, he
will regard it as an extraordinary occa-
zion, and will call special session and
submit to it not only the tax question bnt
such other subjects as the Importance of
the occasion may require.
DIR. Grattan thinks the Governors posi-.
tion sound.