Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1884-04-18
ASSEMBLY,


roll was called, and siXty-four members an
swered to their names.
After the usual preliminarieS Cutter of Yuba
introduced the following bill
Reso'red, by the Assembly ana Senate Jointly,
two-thirds of all the members elected TO each
house voting i'll the affirmative, That the follow
ing amendment To Article MI. of the ConStitu-
ton. relating to corporations be and the same
is hereby proposed 10 the qualified electors of
the State for their ratification rejection at the
next general election That Section - of Article
Nil, relating To Railroad Commission be
amended so as to read
Section -. There shall be a Railroad Commits
sion. composed of five members to be elected mt
each GubernatOrial election, whose salary shall
be fixed by law, and whose term of office shall
be four years. commencing on the first Monday
after the first day of January next succeeding
their election. Two of said Commissioners shall
be chosen by the qualified electors of the State
at large; the remaining three, until otherwise
ordered by the Legislature, shall be chosen, one
by the qualified electors OF the First and Second
one by the qualified electors of the Third and
Fourth; and ore by the qualified electors of the
Fifth and Sixth Congressional Districts Said
Commissioners shall be qualified electors of the
State and, where chosen by districts. OF the dis
trict from which they are elected and shall not
be interested in any railroad corporation or other
transportation company. as StOckholder, cTedi
tor, agent attorney or emplOye; and the uct Of
Il majority shall be deemed the act of said Com
mission. said Commission shall have the power
and it shall be its duty, TO establish rates of
charges for the transportation OF passengers and
freight by railroad or other transportation
companies, and publish the same from time
to time with such changes as they may make:
to examine the books, records and papers OF all
railroad or other transportation companies; 10
prescribe a uniform system OF accounts 10 be
kept by such companies; to hear and determine
complaints against them; TO redress all abuses
praCticed by them, and 20 impose such penalties
therefor as may be prescribed by law In all
controversies, civil or criminal the rates OF
fares and freightS established by said Commits
SioncrS shall be deemed concluSiyely just and
reasonable, and in any action against such cor
pOration or company for damages sustained by
charging excessive rates; the plaintiff, in addi-
ton TO the actual damage, may i'll the discretion
of the Judge or jury recover exemplary dam
ages. Nothing in this section shall pre-
vent individuals from MAINTAINING actions
against any railroad or other transport
alton company. Said Commission shall
report 10 the Governor annually its pro-
ceedings, and such other facts as may be deemed
important. The Legislature shall have author
ty. and il shall be It's duty, to confer upon said
Commission any and all powers whatsoever
that may be necessary for the full per
fomance of the duties imposed upon the
Commission by this and other sections of
this article. or requisite to secure speedy ana
complete enforcement of the orders OF the Com
mission; and, in addition TO other penalties,
may forfeit the charter OF any rlilroad, or other
transportation company, neglecting re-
fusing obedience to the orders of the Com
mission, or compliance with the passenger
and freight rates established by it. The
Legislature shall, also have power by a
majority vote of all the members elected to
{ each house, To remove amy one OF Salu COlnlnlS-
sioners from office. Whenever, from any cause,
ii vacancy shall occur i'll said Commission, the
Governor shall fill the same by appointment,
and such appointee shall serve for the uneX-
pred term. Until the first Monday after the 1St
day of January, 1887, the Railroad Commission
shall consist of the three Commissioners hold
ing office at the time of the adoption of this sec
tion by the people, with two Commissioners to
be elected at the twenty-siXth regular session of
the Legislature, by II joint convention of the
Senate and Assembly.
Referred To the Committee on Constitutional
Amendments.
Assembly Bill No 42-an Act prescribing the
method of the assessment of railroads, etc.-was
referred to Il special committee for correction,
and made special order for II A. N. Friday.
Assembly Bill No. 36-an Act adding section
to the Political Code, to be known as Section
3720, relating TO the rate of taxation in the yari-
Gus counties, and cities and counties of this
State-came up on the third reading file.
Bibb. the author stated that nj Il meeting Of
the san Francisco delegation Wednesday after
noon it was the request of the majority that the
bill be not put on it, passage until it could be
considered more closely, aud until the Assessor
and the Tax Collector of san Francisco could be
brought before the delegation and explain what
effect its passage would have.
Cutter opposed the proposition in a vigorous
speech. He said the san Francisco delegation
were all in favor of the bill until yesterday they
were informed in debate that the state nj large
would be benefited by the uncoyenng of the
millions of untaXed property, the just addition
of some 800 900 more To be paid yearly into the
State treasury from that city than heretofore.
and reduction of that amount from taxes lev
led upon other parts of the state. Now they
claim they want more time and enlightenment.
The press of san Francisco is in favor of its pas
sage, and the bill is immensely popular with the
small taxpayers
Mnrdock said he was not in favor of the bill
and he thought Us il affected san Francisco 50
directly, the request OF the delegation should
have respectful consideration.
IIealey moved that it be passed on the file.
Barry moved to amend by making it n special
order Tor Monday at > =. VI.
Wallace said no man on the floor the House
desired to make the rich man pay his taxes
more than did he. In his opinion the bill in
question would not assist in that direction. He
did not desire to do injustice to people to whom
injustice had already been done. He could see
no good reason why II should be rushed through
the House. IfthcTe is merit in the bill it would
certainly keep until Monday. The SAN Francisco
delegation had requested the attendance of the
Assessor and Tax Collector of San Francisco and
he had no doubt that the testimony they would
give before the delegation would throw much
light on the subject
AtWell said the Legislature had been in session
for nearly four weeks, and so far the result of
their labors did not - amount to a row Of pins"
He was opposed to further delays dilatOry
movements. Either vote the bill down or pass.
Why, he said, are the SAN Francisco delegation
so clamorous for delay of this bill 1t is simply
/ because they have discovered. through
guarded remark of the gentleman from Yuba,
that the passage of the bill viii cause san Fran
cisco to pay her Just quota of taxation. and the
State at large would be benefited. Now they
want to take the back track. The bill is just and
eminentlH proper. and should become Il law. 1t
is Il fact well known and commented upon year
after year that millions upon millions of the
millionaires money are allowed to escape taxa
ton. The bill was fully, fairly and ably dis
cussed on its second reading. and is thoroughly
understood by every member of the Assembly.
Barry pleaded for continuance.
keeler of InyO, IN speech brimming over
with sarcasm charged that the San Francisco
delegation had held secret meeting and were
concocting scheme to defeat the bill. The OBJ
iect of delay was 10 give time to hatch their
deep-laid plans. Their every effort in that di-
rection was regarded by the country members
with suspicion and would cause the latter to
make a long pull, a strong pull and pull all to-
gether and San Francisco would be left He
was in favor of the bill, and unaltcrably OPP
posed to delay.
Wallace said he was surprised somewhat at
the remarks of some of the gentlemen on the
floor. He wished to assure them that. so far as
he personally was concerned, all he wished by
advocating the postponement was simply to in
form himself upon the subject. If the passage
of the Dill would unearth the untaXcd money
bags of the rich then he was in favor of it just
as strongly either the gentleman from Nuba
Healey said san Francisco had asked for
nothing during the entire session, and he was
surprised at the attack made upon them by
members from the country.
Caminetti said it perhaps was true that san
Francisco had asked for but little ut this session
but it was also well-known fact that the san
Francisco delegation, as Il rule had sat down on
every request made by members from the inte-
rior He believed in giving them dose of
their own medicine
The various motions were put, and the House
finally decided to make the bill special order
for Monday at p. NJ. The vote stood % ayes to
IA noes.
Leverson, with consent of the House, with
drew Assembly Bill No }, an Act to propose
amendment to Section - of Article MI. OF the
Constitution of the State relative to the Rail
road Commission the committee having recon-
mended substitute, known Assembly Bill
No. IS.
Campbelis bill, No H. an Act to propose an
amendment to Sections -, y and n of Article
NIL of the Constitution relative TO the Railroad
Commission was read Il first time.
LeverSon'S Assembly concurrent resolution
relative to the call of Convention for proposing
amendments to the Constitution of the United
States, under Article Y. of said Constitution was
read. amended and then lost by large vote
Assembly Bill No 49, introduced by the Com
| mittee on Ways and Means us II substitute for
bills Nos. and 10, was taken up and put ON its
second reading. II is intended to amend Sec
tions 3771, 1913, 37S6 and 37S7 of the Political
Code, relating to revenue and taxation. Sew
eral minor amendments were offered, but few
adopted. The bill was ordered engrossed, printed
and to third reading
Booth and Holister were granted leave of alb
sence until Monday.
Atwell submitted some questions in writing
which were referred to the Judiciary Committee.
He wants to know whether or not the dignity of
the House is insultcd by one member calling an