Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1884-05-01
ASSEMBLY.

lilt -ASStIuiliA met AT ~ y W. speaker lstiNNt
in the chair. After the usual prelmiuarics,
MeSSrs. Carter and Clark presented petitions
from their constituents asking the Legislature
10 pass the Barry bill and the constitutional
amendment for the removal of the Railroad
Commissioners.
Wharton presented the following resolution,
which was adopted:
WHEREAS, Ii has repeatedly been asserted bV
gentlemen on this floor that members have been
guilty of accepting brides. and that others have
been approached To secure their votes on behalf
of corporations; and whereas il is the duty of
this House, if these allegations are true that
those guilty thereof he punished as the law re
quireS and the dignity of this body imperativeiy
demands: whereas if. ON the contrary, these
charges have no foundation it is due 10 those
against whom they have been made that that
fact be publicly and officially declared; there
fore be it
Rcs0iyca That Il committee of five be ap-
pointed by this House to investigate these
charges, with full power to send for persons and
papers.
Assembly Bill No 2S, introduced by Wallace,
proposing an amendment TO the Constitution
relative 10 the assessment of mortgages was,
upon motion Of the author continued for one
day
Assembly Bill No 80, introduced by Irwin,
amending the Constitution relative to the Rail
road Commissioners. was, upon motion of the
author continued on file
Assembly Bill No. 81, known as the Bibb bill,
relating to the rate of taxation i'll the various
counties and cities of the state, came up on its
second reading.
Murdock moved that further consideration of
the bill be postponed one day, and that the pro
posed amendments be printed.
Terry moved to amend by indefinite postpone
ment
The amendment was lost and Murdock's mo-
ton adopted.
Wharton's bill (No. 40 was read second time
The bill amends Section 3674 of the Political
Code so as to read " No reduction must he
made in the valuation of property unless the
party affected thereby, or his agent, makes and
Il tNrpaf.
for verified by his oath, showing the facts upon
which il is claimed such reduction should he
made, but no such application shall be received
by the Board, during the last three days the
Board shall sit us a Board OF Equalization.
The bill was ordered engrossed and to n third
reading.
Johnstons bill (No. 52) amending Section
3652 of the Political Code, relating 10 revenue
and taxation and the powers and duties of As
SCISSORS was taken up. The bill provides
for striking from the section: "One-half
of all the moneys recovered by any
Assessor under the provisions of this see
tion must by him be paid into the treasury of
his county, and the other half may be retained
by the Assessor for his own use" 1t adds to the
section: In ease the Assessor shall have rea-
son to believe that any person. firm or corpora
ton has any moneys or other yaluableS on de
posit or in trust. or for safe keeping with,
under the control OF amy person or persons, firm
or firms, bank or banking corporations, or other
corporations, he shall have power, and il is
hereby made his duty, to demand and exact
from such person or persons. firm or firms, bank
or banking corporation, or other corporation, Il
statement under oath, showing the amount of
moneys, and the kind of other valuableS, if any,
that such person, firm, bank, banking corpora
ton, or other corporation had on deposit, or in
trust, or for Safekeeplng with, or under the con
troll of such person or persons, firm or firms,
bank or banking corporation, or other corpora
ton, at twelve O'Clock meridian, on the first
Monday in March. ANY person, firm, bank,
banking corporation, or other corporation, that
shall fail or refuse to furnish such statement to
the Assessor on demand, shall forfeit TO the peo-
pie of the State the sum of 500, to be recovered
by an action brought III the name of the people
of the State of California. Any moneys so re
covered shall be paid into the treasury to the
credit of the school fund of the county
The bill was ordered engroSscd and to u third
Assembly Bill No 81 introduced by Harvey,
amending Section 3S24 of the Political Code, was
read Il second time. ordered engroSsed and 10 Il
third reading IL changes the section as To
read: When the rate is fixed for the year in
which such collection is made, then. if Il sum in
excess of the rate has been collected, such eX-
cess shall not be apportioned to the State, but
the whole thereof shall remain i'll the county
treasury, and must be repaid by the County
Treasurer to the person from whom the cOlec-
ton was made, or to his assignee on demand
made therefor"
Assembly Bill No. 56 amending Section 3617
of the Political Code, relative to revenue and
taxation, was, with the consent of the House,
withdrawn by its author, Campbell.
lating to the definition of terms in the title of
revenue. 1t provides that the increased valua-
ton Of lands. caused by vineyards, orchards and
ornamental trees. shall not be taxed. The bill
changes the law as ii now stands on the statute
books by emitting the following, cl0SSed under
the head of Improvements: "An fruit, bear
ing or ornamental trees and vines not of natural
growth
The minority report claims that they are i'm
provements upon land Just as much house
or fence is an Improvement. II is the intent
of the bill to declare that those things are grow
ing crops, for such purposes OF assessment ana
taxation. The Constitution provides that grow
ing crops are exempt from taxation"
Johnston of Napa said 8 fruit, nut-bearing
crops" but the fruitthey bore were Horticult-
urists and yineyardists, he claimed, did not
have crops of trees and vines, but only crops OF
fruits If this was true, and he claimed II was,
then the proposed amendment is clearly uncOn-
stitutiOnal
Campbell claimed that according to the argu-
ment of the gentleman from Napa fields of al
falfa and hops. which were harvested often
from one planting, should be classed as i'm
provementS instead OF growing crops. He ad-
yocated the passage of the bill, and said those
engaged in that industry should be encouraged
in planting orchards and vineyards instead OF
hampering them with taxation. He believed
50 far as possible all industries should be cX-
empted from taxation.
Wharton could not see why there
should be discrimination between tillers
of the soil In Tulare county large acreage
is planted in fruit trees and vines and alfalfa
The land is all assessed at $40 per acre, but the
vineyarClist and OrchardiSt has TO pay - addi-
tiOnal for improvements. The alfalfa fields,
more profitable than the fruit, and that yields
many harvestS, is assessed for no improvements.
This is an unjust and unwarrantable discrimina-
ton between producers which is all wrong, and
was never intended by the trainers of the Con-
stitution. Why should my fruit trees and vines
be assessed and your wheat fields be exempted?
Are they not both property and have they not
at all times cash value The grapes are gath
cred crushed into wine, stored in the cellar and
next year the Assessor has another chance to
assess it. Where is your wheat that was not as
SesSed, when the time for assessing comes
around? IL is either on its way to Liverpool or
some other foreign mart.
Caminett agreed with Wharton: thought il
was unjust discrimination between producers
Flynn was opposed to the amendment
Clark of Colusa was also opposed to the
amendment, lnd not think that fruit trees and
vines should be classed as growing crops.
Johnston said old boots and plows could lust
as well be classed as growing crops as trees and
vines.
Wharton replied old boots might be classed
under the head of growings crops if they pro-
duced corns.
During the discussion Johnston asked Camp
bell Il question, which the latter thought was
intended in spirit of fun. and replied, :" An
swer fool according to his folly Johnston
took umbrage, personal explanations followed
and all made satisfactory.
Further discussion of the bill was postponed
until after recess.
Concurrent resolution No II. asking Congress
to Immediately eXpend the appropriation made
for the Improvement of the rivers of California
Adopted.
At l2:25 o'clock the House took recess until
2P NJ
AFTERNOON SESSION.
The consideration of the Field bill was re-
sumed at the afternoon session.
Matthews of San Benito made an argument in
opposition to the bill in accord with that made
by Johnston ut the morning session.
Doty of Sacramento made u vigorous argument
in favor of the bill He said ii was question
that not only interests the agriculturiss, but the
consumer also. 1t pays the people both as a
State and a nation to foster all agricultural puT
suits 1t is the duty of the Legislature to en-
courage the settling up of waste lands. 1t was
this encouragement that caused the pioneer
to go into the wilderness, clear away
the chaparral and pine stumps build
homes and wait several years for u
return for their labor. In the Western country
notably Kansas. the pioneer was given title to
one hundred and sixty acres OF land when he
planted n Certain number o trees. .Ilis Stafp