Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1884-04-23
THE LEGISLATURE.
SENATE.
TuEspAY. April y. IssI.

TUESDAY, April -, 1884.
The Senate met at p NJ, President pro TEN.
Del Vale in the chair. Roll called and quorum
present Journal of Monday read and ap-
proved.
English presented petition from citizens OF
San Rafael praying that Boards of Supervisors
may be prohibited from imposing license taxes.
Referred TO the Judiciary Committee
Cross, on behalf of the Judiciary Committee
presented two communications from merchants
and Others of San Francisco, protesting against
the passage of the Barry bill. Ordered printed
Cross introduced, at the request of the State
Fish Commissioners a bin to amend sections
6S2 and 6S3 of the Penal Code, relating to viola
tions of the laws protecting trout and other
fishes. Referred 10 the Judiciary Committee.
Wallis introduced bill to amend section Of
Article NH. of the Constitution eXemptng
hydraulic mining property from taxation. Re
ferred to the Committee on Constitutional
Amendments.
Murphy, from the Committee on Revenue and
Taxation, reported Assembly Bill No. - (prOvid
ing for an income tax from railroads. st
amen led us TO include in its provisions all com
panieS and corporations, with the recommended
ton that il do pass Also, a minority report
from the same committee. recommending tht
passage of the original bill. The bill was reat
Il first time
Cross from the Judiciary Committee. reported
Assembly Bill No, IL, providing for the funding
of the Indebtedness of counties in certain cases
Read the first time.
4 message was received from the Assembly
tue IiSSslEt Ri Assembly Dill No
H. prescribing the method of the valuation
and assessment of railroad property Referred
TO the Committee on Revenue and Taxation.
Also, Assembly Bill No. Is, relating TO the sale
of property for delinquent taxes Same refer
ence.
The Senate then took up the special order o
the day Senate Bill No. >, providing for the re
mOval of the present Railroad Commissioner
from office the appointment of their successors
and the removal of future Commissioners by
majority vote of the Legislature
Johnson, the author of the bill. addressed the
Senate at length in support of the measure.
Message from the Assembly, announcing the
passage of Assembly Concurrent Resolution No
l3, relating to the railroad tax eases ON appea
from this state and now on the calendar of The
| United States Supreme Court. Placed on file
Cross opposed the bill under discussion. II,
believed that the people should have the rgh
/ of selecting their public servants. Ii was goo,
Democratic doctrine and rs member of tha
party he could not support any measure tha
would take that power from the people. The
duties of the Railroad Commissioners are many
intricate and important and the members O
that Commission should be accorded Suitcien
time to master those duties. If possible, inStcat
of being subject 10 the whims OF political partie
or the prejudiees of ciiqueS The Constitution
has amply provided Tor the removal of Rail
road Commissioners. Ii declares that a two
thirds majority OF the Legislature may remove
any or all of the Commissioners for incmpe
tency, corruption or dereliction of duty. Fl,
could not see why this rule should be so changed
that party having Il single majority in tn,
Legislature should nave the power To remON,
these Commissioners on amy flimsy preteXt. A.
well talk of removing the Governor of the STATE
because majority OF the Legislature might, to
political purposes, choose TO ouSt him Why no
come right out squdrcly and ubOVebOard auC
admit that the proposition is to allow Governor
Stoneman to appoint two certain men to the
places now held by McSSrS. Carpenter and Hum
phreys. fthi~ thing be done, and the Republi
can party should have Il majority in the mex
Legislature then where viii be thi
new-coined Democratic doctrine? Wha
will prevent that Legislature from ouStinl
these new appointees? Do this thing, ana yot
strike Il blow direct at the underlying principle
of republican gOvernmcnt-the right of the
people to elect their servants by ballot. He re
PEELED such Il doctrine as undemocratc and un
republican, and would never sanction it by hi
vote. He undertook 10 say that the people o
the State are to-day finding more fault with tn,
Democratic Legislature than with the railroad
companies or the Railroad Commissioners. The
bill contemplated the election of Railroad Com
misSlonerS at large, and this clause, has its sup
porters. The present method is the better. BY
choosing officials from districts they are bette
known TO their constituents. and there is les
danger OF mistakes being made. Member
of Congress and of Legislature are elected by
districts: the members of the STATE
Board of Equalization, and other bodies arr
elected by districts, and the Railroad Commits
siOners shOuld continue to be elected in tha
manner. Fault has been found because tht
Commissioners have not reduced freights anC
fares as much as some people think they SHOULD
have reduced them but they have made mate
rial, even large, reductions, and to their credi
be il said, they the first of the Railroad Com
miSSionerS of the State to have reduced tn,
company's charges. And their work is mainl,
satisfactory. There is less fault found with then
than with the Legislature itself and with III,
Governor of the State If there be any Senate
who can give any good reason why men shoulC
be removed from important offices by Il bar,
majority vote of the Legislature, he would b,
pleased to hear il.
Mcclure hoped the members of the Senat,
would consider the matter without prejudice
and deal fairly with the bill. He. for one. wa
opposed to anything that would introduce poll
ties into the Constitution. The Senate was il
the position of II Constitutions making body. |
was about 10 vote upon an important amend
ment to the fundamental law of the State, an,
he submitted that ii was wrong in principle I,
force politics into that instrument. Let it b
done, and the day is not far distant when tn
people of the State Will be crying out against al
evil. The politics of the State might chang,
every two wears, and there will be Il cOntinUOu
struggle over these offices. No constitutions
provision should open the door to such mis-
chieyous and dangerous element in politics anC
legislation. On this ground particularly he wa
opposed to the bill.
Spencer of Stanislaus believed in having tn,
Commissioners elected by the people mt large
He wanted to see all officials brought closer {,
the people, even to the extent of one day abOl
iShing the upOer branch of the LEGISLATURE an(
having but one body. He believed in the simple
majority system, and did not think any Legisla
ture would remove men from Office for poitica
reasons.
The question on the adoption Of the amend
ment to strike out the words by a two-third
majority of the Legislature" and substituting
the words :" a majority vote" being demanded
Reddy arose and stated that he had been :,
deeply impressed by the argument of SenatO
Cross that he would like time to consider the
points carefully. Certainly the argument wa
one that should not be lightly passed. II,
moved to postpone the further consideration o
the bin until the following day
The motion was carried, and the bill was mad,
the special order for l o'clock Wednesday. t,
which hour the Senate adjourned.