Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1884-05-13
THE LEGISLATURE.
SENATE.


MONDAY, May l.. 1854.
The Senate met at p. NJ, Lieutenant-Gov-
ernor Daggett in the chair Roll called and
quorum present. Journal of Saturday read
and approved.
Murphy moved TO take up the resolution
adopted by the Assembly, providing that the
Legislature adjourn sine die at noon on Tues
day, the 18th
Knight thought it inopportune TO consider
such Il resolution while the Senate was engaged
in the consideration of an important bill, to
which several amendments have already been
made.
The roll was called on the motion, and the
Senate decided; by vote of 10 ayes to 10 noes,
TO take up the resolution.
CroSS-Mr. President. do not desire to vote
upon this matter until have said u word about
IT. l, sir, amongst others, some willing ana
some unwilling, were called together rs de
partment of the Legislature of the state of Cal
ifornia 10 take action upon twelve specific mat
tiers, all of which were enumerated in the Gov
ernors call, copy of which | now hold in my
hand. Two out of the twelve, sir, have been
acted upon. Those two We're forced to the front
day after day and week after week by the rad
ical senators, whilst other matters, seemingly
of more importance to some Senators, were
held back in order that those measures might
be submitted and passed upon. Now, sir, the
proposition Is, that We adjourn on tomorrow at
noon. The Governor having called us together
to act upon twelve specific matters, l know OF
no reason why. when we have acted upon only
all the Others, all OF those others should be In
definitely postponed and when we have an op-
portunity TO act upon them | call your atten-
ton to the reading of the Governors call, and |
will state TO this Senate the present condition OF
those matters in order that the Senate may
consider whether il is desirable AT this stage OF
the game if game be proper name to apply, TO
now cease our labors on the subjects we Were
called together TO act upon. l notice, sir, the
first and second propositions contained IN the
Governors call are:
FirSt-To propose and submit 10 the people
of the state OF California an amendment To sec
tion and TO Section 10 of Article XIII. of the
Constitution of the State.
"SecOnd-To propose and submit TO the people
of the State of California an amendment TO See
tion - of Article MI. of the Constitution Of the
State
And sir, we have acted upon these, and it has
been decided TO make no change.
Third-Reating TO the same matter but in more
specific terms, " To propose and submit TO the
people of the State of California an amendment
10 the Constitution of the State by which the
Railroad Commission now existing shall be
abolished, and in lieu thereof Railroad Com
mission. to be composed of three Commission
erS, shall be created, said Commissioners to be
appointed in such manner as may be provided
by law, from the time of the adoption of said
amendment until the next general election
and then to be elected at said election from the
State at large; and to prescribe the term OF
Office, duties, authority and powers of said Com
mission, and that we have acted upon. and
nave come 10 tic CONCLUSION llal lncFc are no
sufficient grounds for changing the constitutional
provisions with regard to Railroad Commits
sioners like, sir, boy in a boys game playing,
who, because he cannot be caller TO the rest,
or cannot stand at.the goal, or has to wear the
blindman' s-buf, or cannot otherwise control
the game. will nut play at all.
Now, sir, have introduced revenue and
taxation bill here, and no other measure has
yet come before this body and been discussed
with regard to remodeling our constitutional
provisions in regard to revenue and taxation,
so that railroad property shall be assessed just
the same as other property, and no consider
alton has ever been accorded to il yet 1t is very
desirable, sir. in my judgment, that the laws of
the State be so formulated as to settle these
questions of whether the railroad companies OF
the State and other corporations, whose prop
erty is affected by public use, should be re-
quired to pay their taxes. And /, sir, for one,
am willing to stay here and work until that
question is settled i'll some reasonable way.
| understand that our pay will soon give
out and vet. Notwithstanding that, | Will stay
here if this question can be settled. Though
am the poorest of all the members of this SEN
ate am still, sir willing to stay here as long
ls may bt necessary until these matters are ad-
justcd, and we shall relieve the people from
some share of their burdens and impose Il rea-
SOnable portion of them upon the class of prop
erty known as railroads and other quasi-public
corpOratiOns. In this Senate no bill has been
offered by Senator sullivan. These great ques-
tiOnS are left still unsettled, and should we re-
main this week we have still five days, beside
to-day, in which to decide them. l call atten.
tion to the fact that one of the proposed require
ments of the Governors call is to enact all laws
necessary for the assessment TO and collection
from all railroad corporations or companies do
ing business in this State of income taxes. Sir
there is such bill before this Legislature. II
has been read once, and there it rests. No one
moved to take il up, and | do not understand
why we should adjourn without some diSposl
ton being made of il. But more particularly,
II attention tp Section a rho fnyprnDr' II
He proposed
of the State of California an amendment TO thu
Constitution of the State, to the end that al
property belonging to railroad corporations may
and shall be assessed by the State Board OF
Equalization iii the same manner as property
belonging TO individuals is now assessed by loca
Assessors.
/. sir. some weeks ago. introduced a consttu
tional amendment to carry out that very propO
stion. That constitutional amendment re
manned in the committee room reasonable
length O time, ana then was reported. II Is TN
only amendment of the kind that has been pro
posed in either House, and no action has beer
taken upon it by either House. Nowthe SECOND
part fthal subdivision reads as follows: "An(
that mortgages and deeds of trust, contracts o
other obligations by which n debt is secured
covering the property of railroad corporations
shall, for the purposes of assessment and taxa.
ton be deemed and treated as an interest il
the property affected thereby This con
stitutiOnal amendment that | have proposed
covers exactly that same matter, and know o
no reason why We should not act upon it, If i
l. right, let vote for il; if it is wrong let Us
pass our condemnation upon it: bat at all event
let us consider il. Is there any reason Wly rail
road properties should not be treated the sam,
as other properties?
Now, take the seventh subject embraced il
the GoYernors proclamation
"SeyCnth-TO enact laws providing that the
property of railroad corporations or cOmpauie
may and shall be sold for the payment of deiu
IL. ~
of private persons is sold under the same cir
cumsanceS."
/ believe that all property in the State should
be placed upon the same iOOting and be tTeatet
in the same manner: all agree with ne. and We
upon this we have done nothing. Again, the
Governor says
"Eighth-To enact laws providing that nc
writ for the prevention Of the collection of any
revenue or to hinder or delay the collection o
the same or to prevent or Interfere with the sale
of property for delinquent taxes, shall i'll any
wise issue, either injunction, prohibition, or an!
other writ or process whatever: but that in al
cases in which, for any reason. any person shall
claim that any tax paid by him was illegally o.
wrOngfully levied or collected, he may recOve
the same by action
Sir as TO the present condition Of our work iT
that respect, letsme state that a law has beer
formulated here carrying out that very pro
vision that it has passed the Assembly; that i
has been read a second time in the Senate tha
il has been amended III the Senate, and NOR,
amendments were offered, and Il couple of days
or three days more at most, would be sufficien
to pass that provision and, sir, we have put il
there pcnalty-and it is heavy penalty-pro
VidiNg that if the Central Pacific Railroad Com
pany don't bear its just share of taxation anC
pay its taxes promptly, it shall pay penaltie
amounting to more than half million dollar
year, and know of no reason why, sir, Whel
we have spent day after day in fOrmulat
ing such provisions and pertecting them, an,
having them now i'll Il position where the,
can he perfected completed and becom
operative in two or three days we shoult
become impatient and be in such haste 10 return
to our homes and constituents. i understand
sir that the sentiment is universal in boil
houses that there should be penalties inflicted
for the nOn-payment of taxes by the railroa,
company: and why should we, dhen, when w
are about 10 accomplish that universally desired
end become afraid and run away from our worl
and leave il just before its completion-like tn
husbandman who, having plOwcd and narrowed
his land. seeded it, seen the crop sprout ant
grow should, Just before his wheat natures
abandon his crop Just at harvest time?
"Ninth-To enact laws providing that when
ever property is sold for delinquent taxes a re
ceiver may upon application of the purchaser
whether said purchaser be private person o
the state, be appointed by any competent Cour
to take charge of the same from the day of th
execution OF the certificate OF sale"
Now, although we have been here some weeks
sir | don't know of any bill which has yet beel
before us that covers that matter. Something
/ ought to he done about it. II il Is a good law
we ought to pass one; but if it is II bad law, W
ought to defeat any such proposed measure. Blu
We ought To take action upon the proposition
for ii is included in the Governors call
''Tenth-To enact IL law declaring that th'
{ people of the State of California have not au
thorized, and do not ratify, any compromise no
/ any judgment heretofore rendered by consent
1 in any action or proceeding for the collection o
revenue. by which Il less amount Is or has beel
| received or recovered than the sum due by Law
/ or claimed in the complaint in the action il
fah dor