Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1884-03-28

and conduct the same railways is fiagrsnt breach
OF the public trust committed by the State to their
hands.
Resolved, That the said railways are in their origin
and nature subject 10 such legislative control as in
the judgment of the representatives of the people
will best promote the public use for which alone
they were intended that the maximum Of the rates
and amounts of freghts and fares TO be collected Of
the people for the thereof is absolutely within
the legislative discretion, which should, however,
be exercised, not oppressively but fairly, and In
spirit OF justice, but always with view obtain fer
the people the most efficient service at the cheapest
rate consistent with reasonable compensation TO the
companies operating said railroad
Resolved, That the decision lately rendered by the
Circuit Court OF the United States, sitting in
this State, in the case Of the county
of Santa Clara against the southern Pacific
Railroad, by which 1t is in substance declared that
the legislative power Of the State 10 impose taxes
upon rsilroad property is both in its measures and
mode of exercise, limted by the same rules as the
power TO tax the property OF private persons is lin
tied, is substantial assumption that the railway
property in that suit IS the private property
Of said Southern Pacific Railroad Company, and in
wolves a grave judicial and political heresy alarm
ing in its consequences. and tending to subyert the
rightful legislative authority Of this State and the
people thereof ouer said railway properties.
Ordered printed and made a special order for . P
N. Friday.
The Committee on Mileage made their report,
stating the amount due each member, and it was
adopted
Atwell, by request introduced resolution allow
ing the clerks mileage The same was referred to
the Judiciary Committee.
Briceland introduced resolution requiring the
Sergeant-at-Arms TO file with the State Librarian
five copies each Of all printed bills and resolutions
emanating from the House. Carried.
Keeler Of inyo submitted concurrent resolution
amending Section % Of Article XII of the Constitu
tiun, and providing that each railroad company in
the State may fix the rates of fares and freights
upon its road, but in case sual any railroad be
allowed to make net profit of more than ten per
cent. in any fiscal year upon the value at which
the road IS assessed Tor such year that Cach rail
road must report quarterly 10 the Controller the
whole number OF passengers carried during the
quarter the classes and number Of tickets distances
travelled, fares and aggregate receipts therefrom ;
the number OF tons OF freight class and tons Of each
article, distances, rates and aggregate receipts
that each railroad shall also report quar-
terly the whole number Of employees cl sses
pay received aggregate wages, also expenses for re
pairs and equipments Of the road, and every item
OF expense connected with the operation and man
agement OF such road according such classification
it may make Of sUCh items all Of which will con-
sttute the gross outgo, and the difference between
which and the income shall be considered the net
proceeds. That should the rates Of fares and
freights established by any raj road produce more
than ten pcr cent, the excess shall be paid into
the State Treasury. Referred TO the Committee on
Constitutional Amendments
The Committee on Ways and Mea-s reported on
Campbe!Fs bEl, appromIatIng money for the eN-
pensss Of the extra session, with amendments Il
diem and mileage Of AssemBiymen, S2l, 500 officers
and clerks Of Assembly, $500 ; contingent CN-
penses, Assembly, 5000 per diem and mileage
Lieuteuant-GoyeruOr and Senator'S, $40 500; officers
and clerks Of Senate, s., 500; contingent expenses
of the Senate, ZOO. This bill read Tor the first
me.
AT Il o'clock the Assembly took a recess until .
F.. NJ.
AFTERNOON SESSION.
Immediately after the House was called TO order,
fba alrpr cod ha had tod
7. Wallace on the Judiciary Committee, vice J. T.
Campbell, resigned.
Murdock of San Francisco introduced a bill pro-
posing an amendment tolSection p Of Article XII
Of the Constitution relative the Board of Railroad
Commissioners. 1t provides for Board Of Railroad
Commissioners consisting OF three members Zone Of
which shall be civil engneef), to be appointed by
the Governor, with the advice and consent of the
Senate. They to hold Office for six years, except
that the first appointed shall in such the
Legislature may direct be classified that the term
Of person so appointed shall expire ut the end Of
each two years during the first six years, and va
cancies occurring shall be filed in like manner. In
all controversies, civil criminal, the rates Of
fares and freights established by said Commits
sion shall be deemed conclusively jus: and
reasonable, and in any action against such cor
poration or company for damages sustlined by
charging excessive rates, the plaintiff, in addition
to the actual damages, may, in the discretion of the
Judge or jury, recover exemplary damages; the
Legislature 10 have power, by a twO-thrds vote of
all the members elected to each house. remove from
office any one or more OF said Commissioners for
derelctiOn of duty The bill is also to repeal all OF
Section 23 Referred to Committee OH Corpora
tions.
Caminetti of Amador submitted bill to amend
Section 10 Of Article Kill of the Con
stitution, relative to the assessment of property
so as read All property shall be assessed in the
county, city, city and county, town, township dis
tr in which it is situated, in the manner provided
by law The franchise, roadway, rOaibed, rails and
rolling stock of all railroads operated in than
one county in this State shall be ascertained, and
the nature ard extent thereof determined, by the
State Board of Equalization, and the same shall be
apportOned to the counties, cities and counties
in which such railroads located in proportion 70
the number of miles of railway lai in such cOun-
ties or cities and counties. The said Board shall
clrtify copy Cf such proportional distribution Of
the same to the Assessor of eacE county, or city and
county, in which such railroads are located, who
shall thea assess the same at the actual
cash value, in the manner as other
property Is assessed. The State and County
Bo rds Of Equalization are hereby authorized and
empowered under such rules OF notice and proceed
ure each Board may prescribe, or which may be
provided by law, to incresss or lower any particular
assessment made by the Assessor of each county or
city and county, the entire assessment roll Of the
county, or city and equity, to equaze the as
sessment thereof and make the same conform to the
true value in money Of the property assessed. Re
ferred TO the Committee on Constitutional Amend
ments
After being in session fifteen milut-s the House
adjourned to 10 A. NJ. March 2SLh.