Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1884-05-02
THE LEGISLATURE.
SENATE.

crnor Daggett in the chair Roll called and
and approved
Knight introduced Il bill entitled An Act to
amend Section - of Article MI. of the Consti-
tuition The bill provides:
Section l. All railroads devoted to pllbIia us,.
are classified according 10 the length of line or
lows:
length of line or lines
Class B--Roads exceeding -. but not exceed
ing , 80 miles IN length of line or lines
Class C-RoadS exceeding so but not exceed
Ing 100 miles i'll length of line or lines
I Class D-RoadS exceeding 100. but not exceed
ing 900 miles in length of line or lines
Class EIRoads exceeding 800 miles in length
of line or lines.
In computing the length of a road 10 deter
mine It's class, all roads owned or operated un-
der lease by one corporation, association part
nershtp or person shall be treated MS unit Ii
| shall be unlawful for any corporation. associa-
tion, partnership or person operating any rail
road devoted to public use TO charge more than
10 cents per mile for each passenger and Il
cents per mile for each ton of freight TRANSPORTED
ON their roads. All gross earnings of such rail
roads arising from transportation of persons and
property taken up and put down within the
state between the lst day of January, 1885. and
the 3lSt day of December, 1884. in excess of an
annual average rate per mile hereinafter desig-
mated, shall be paid by the corporations aSSoci-
ations partnerships and persons operating such
railroads into the treasury OF the State for the
benefit of the State school fund. Such payments
shall commence on the LIST day of July 1856, and
shall continue 10 be made on the corresponding
day of each year thereafter. The annual aver
age rate per mile, as aforesaid is designated as
follows:
Glass A-For passengers 1s cents per pasSen-
ger; for freight, 10 tents per ton.
Class B-For passengers, s cents per paSsen-
ger; for freight, 10 cents per ton.
Glass C-For passengers. cents per paSSen-
ger: for freight, cents per ton.
Glass Dior passengers, I cents per passcn-
ger; for freight, cents perton.
Class E-For passengers, - cents for paSseu-
gers: for freight, ; cents per ton.
Commencing January l, 1SSj and continuing
thereafter, the annual average rates per mile
above designated shall be scverally reduced by
one fourth of one per cent. per passenger, and
onc-half of one per cent. per ton for freight.
This State shall be divided into three districts
as nearly equal in population rs practicable in
each of which one Railroad commissioner shall
be elected by the qualified electors thereof al
the regular gubernatorial elections, whose
salaries shall be fixed by law, and whose terms
of office shall be four years commence
ing ON the first Monday after the first
day OF January next succeeding their election
said Commissioners shall be qualified electors
of this State, and of the district from which
they are elected and shall not be interested in
{ any railroad devoted To public use as owner.
stockholder. creditor, agent attorney or en-
ploye. The act of n majority of said Commits
sion shall be final. said Commissioners shall
/ have the power, and it shall be their duty To
I annually designate the roads which fall in each
of the classes aforesaid. and to ascertain and
declare, upon an examination of books. uc
/ counts. papers and such other evidence as they
may deem proper, the annual average rate per
| mile of the gross earnings of the several rail
| roads within this state arising from the trans
portation of persons and property taken up and
put down within this state, and the excess
thereof if any, over the average annual rate
( herein above designated and allowed. This duty
shall be performed III each year, commencing III
1885, on or before the 10Th day of June. and the
amount of such excess, ii any, announced TO the
several corporations. associations. partnerships
and persons affected thereby. Said COmmiS-
! sionerS shall also have power, and il shall be
| their duty, to examine the books, records and
papers of all corporations, associations. partner
( ships and persons operating railroads and other
transportation companies in this State; and for
this purpose they shall have power TO issue
Subpcnas and all OthernecesSary processes, and to
/ hear and determine complaints against coTpo-
rations, associations, partnerships and persons
I operating railroads and other transportation
companies: to send for persons and papers, to
administer oaths, take testimony, and punish
| Tor contempt OF their orders and processes in
! the same manner and to the same extent as
and correct abuses through the medium of
[ the Courts. Said Commissioners shall
prescribe uniform system of accounts
to be Kept by all such corporations, associations
| partnerships. persons and companies. Any as
sociaton partnership or person operating rail
/ road or other transportation company, which
shall fail TO keep their accounts in accordance
/ with the system prescribed by the Commission
shall be fined not exceeding $4,000 for each of
tense; and every officer, agent or emplOye of any
| such corporation, association, partnership, per
son or company. who shall in any manner VIC
late the provisions of this section shall be fined
hot exceeding 5000, or be imprisoned in the
county Jail not exceeding one year. The Legis-
/ laturc shall have power. by Il vote of all the
members elected to each House To remove any
one of said Commissioners from
office for derelction of duty, or corruption, or
incompetency: ana whenever, from any cause
| II vacancy in Office shall occur in said
Commission, the Governor shall fill the same by
the appointment of Il qualified person thereto,
who shall hold Office for the residue of the un-
expired term, and until his successor shall have
been elected and qualified, The excess of earn
| ingS over the ANNUAL average as herein pro
| Vided, when asrertained and declared, shall be-
come Il lien upon the property of the corpora
ton, association or person from whom the same
shall be due and payable: such excess and lien,
if not paid when due may be collected and en-
/ forced in civil action, to be Instituted by the
| Acknowledgement in the name of the people of
the State of California. This section shall be
deemed and taken to be sclfeXecuting, and no
legislation shall be necessary to enforce its pro
visions.
The bill was referred to the Committee on
1 Constitutional Amendments
\ message was received from the Assembly,
/ announcing the passage by that body of Assem-
bly, Bill No. - and Assembly Bill No. -, relative
. to revenue and taxation Also, Assembly Bill
/ No 81 apprOpriating moneys for the use of the
+. Controller i'll prosecuting an examination of the
accounts of State officials.
The regular business of the day consideration
of Kelley,s amendment to Section of the Barry
blll) coming on, NroOman resumed his aTgu-
ment i'll support of the amendment and spoke
/ at considerable length. His argument was from
! legal standpoint exclusively on the subject of
/ impairment of contracts, and was fortified at all
points by authorities and decisions of Courts.
Spencer of Napa cOmbatted the argument Of
/ Nrooman. and seemed to be equally certain that
his position was also sustained by the Courts.
Reddy spoke against the amendment.
Cross made the point that there was nothing
in the proposed amendment that sought to de
tcrninc what constituted the property of a rail
road company that would revert to the stock
holders on the expiration forfeiture of its
charter. 1t left that matter entirely to the
Courts to determine But if the original section
/ expressly declaring that certain property of
the company shall revert to the Statc-Should
become the law, no man would risk Il dollar in
any railroad enterprise in this State.
Brooks said he should vote for the amendment
to the section. but would oppose all further
amendments to the bill. He wanted to have
! action taken upon it at once
At 1870 the Senate took recess till ; p. N.
ON reassembling the roll was called on Kel
ley's amendment 10 Section 6, with the follow
ing result:
Aves-Brooks. Cronan. Cross Doughertv. Har-
rigan, Keating Kelly of san Francisco, Kelley Of
Soluno, kellogg. Knight, Mccarthy Nelson,
Perry, Routier, Ryan, Vroolnan, Wallis, Whit
Noes-Baldwin, Buck. Chandler, Del Vale
Filcher, Foster, Johnson. Langiord, Lynch
Maddox, Murphy. Reddy, Reynolds Spencer of
Napa, spencer of Stanislaus, sullivan. Taylor
The result being a tie the President voted in
the affirmative, and the amendment was
adopted.
Knight moved an amendment TO Section : to
insert in line :, after the words any railroad
company. the words, or shipper. or person
desiring to become such, or any person" who
shall knowingly enter into any contract or
agreement for railroad transportation in viola
ton OF the provisions of this Act, etc. shall be
guilty of misdemcanOr.
The roll was call, with the following result :
Ayes, 13 noes, "a. The amendment was lost
The question recurring on the third reading
and engroSSlnent of the bill. it was so ordered
without division.
The Senate next took up for third reading
Assembly Bill No. 29, To provide for taxes upon
the incomes of railroad corporations which shall
fail to pay their property taxes and which had
already been amended so as to apply to " all
companies or corporations Two or three slight
amendments were made to the bill
Kellogg offered substitute for the entire bill:
and after some discussion further action on the
bill and substitute was deferred until Friday at
; 2. NJ when the matter will come up rs the
special order.
Pending motion to make Senate Bill No. s,
concerning ousting the Railroad Commission
erS, the special order of Tuesday next the SEN
ate adjourned till 10 \. NJ. Friday.
ASSEMBLY.
The House met at 10 4. NJ. pursuant to ad.
journment, Speaker LaRue in the chair
The Committee on Corporations reported back
the substitute for Assembly Bill No. A. fixing
fl,arr