Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1884-05-10
THE LEGISLATURE.
SENATE.

ment to Section 6, prohibiting state courts from
interposing in any manner to prevent the collec-
ton of taxes =
Del Vale moved that before action be taken
on the bill the Senate take up Assembly mes
sages 1.-THE Barry bill
effort to get to work again on the Barry bill An
entire day or more would be spent III discussing
the bill and he did not see why the Senate
should rot go on with the important pusiiless
before it.
RYAN wanted to proceed with the bill before
the Senate and said: Bill % Is under dlscusslon
We have got through with this bill down 10 the
very last section. The consideration of the
bill was yesterday postponed until this
morning in order that certain Senators might
post themselves that they might come here
this morning understanding exactly what was
the purport of the amendment offered by the
Senator from Nevada. This bill has passed the
Assembly, and it is one OF the most important
bills that we have had under discussion TINS
session. 1t imposes Il penalty upon rallroad
companies and other corporations who have
failed or may hereafter fail to pay their taxes.
Those gentlemen who are always raising an OBJ
lection, and talking about not wanting to 90
anything when we come down to the point,
when we are lust about to finish up on bill
which will meet the wishes of the people, and
which comes directly under the Governor call,
they make a motion for Il pOStponement
Cross said that when the Senate was asked
Yesterday to postpone action on his amendment
to the income tax bill he supposed the request
was made in good faith, and he had voted with
familiarize themselves with the provisions OF
the amendment and pass proper tax bill. they
have a chance now to do 1t. II they DO not, that
is another thing. :" !, for one, said he, " want
every senator upon TINS hoor 10 go upon record
upon this proposition.
mfr Cross reads the amendment.
''Section 6. No Court within the state snail
have power, by injunction or OtherWlse, 10 IN
terfere with, hinder or delay the collection OF
any tax laid under the form of law except upon
a showing that the same property has been
taxed more than once for the same purpose,
and i'll no case except upon payment to the Tax
Collector or other person entitled TO receive the
same, or into Court, Il sum equal TO the amount
of one of the taxes 50 laid upon the property
in question provided. that in all cases actions
may be maintained against the Tax Collector.
or other person TO whom they may have been
paid. to recover Illegal taxes paid under pro
test All such actions must be commenced
within thirty days after such Illegal taxes have
been paid. 1t shall be the duty of the Courts in
which such actions may be brought to try them,
upon the request of either party in advance of
all other civil actions and such taxes so paid
under protest shall be retained by the Tax Col
lector or other person to whom they may have
been paid until such actions shall have been
finally decided.
If there is ANYTHING wrong in the amendment
! would like to see it. If there is anything
there that is Objectionable, | am willing that it
should be stricken out. But, sir, 1t looks to me
as though there was a sentiment here prevailing
like this-that because certain pet measure
could not succeed Ithe Barry bill, no measure
should. The motion TO postpone this bill, No.
~. was made and passed yesterday afternoon
| until this morning. Now another motion Is
made to put off the further consideration of
that bill When 1 voted to put the matter over
for one day, sir, l did 50 i'll good faith, and was
! not expecting that there was any desire on the
| part OF any of the Senators here to keep this
| matter from coming up; but, sir, from this time
| forth. | am opposed to any postponement OF
matters which will prevent subjects of
taxation from coming before this Senate,
! and this last pOStpOnement being asked i'll favor
| of bill which has 10 relation to the subject of
! taxation, oppose the postponement upon that
ground. If the motion was made i'll good faith,
how is it that the very Senators who yesterday
| advocated the postponemcnt are the very ones
| who make the motion to postpone again this
| morning? 1t may be that there are those here
who are opposed to anything unless they offer it
| themselves. but tor myself | will vote for any
measure that is a good one, no matter where it
comes from. And, sir, if there is Il large ma
| jority here in favor of tax penalty, if it is a
good measure, let us consider this bill
and let it pass to engrossmcnt
| NrOOman said There are two bills pending
| before the Senate under immediate couSdera-
/ ton. They are both Assembly bills One of
| them has passed the Senate with certain amend
| ments and has gone to the other house. They
| have concurred in "A portion of the amend
| mentS and refused to concur in the rest of the
| amendments and now II comes back to us. The
other bill is upon the second reading file of this
! Senate. 1t has already been amended to a GER
| tain extent. and there is another amendment
| pending, 50 that IN any event Assembly Bill
No. %, if il shall pass this Senate Will have to
| go to the other house for the purpose
of having our amendment there conSid-
| cred. Now, sir, it does seem to me
| that this is nothing but fair, business
| and sensible proposition We ought to 90 on
| and perfect Assembly Bill No. % and pass it, i'll
| order that II may be on its way to the House for
! the purpose of having that branch of the Legis-
lature consider those amendments instead of
postponing the consideration of this bill to take
| up another bill that is more advanced on the
/ file. Therefore the motion to take up and con-
! slider the Barry bill at this time ought not to
prevail.
The roll being called on the previous question
! the Senate by Il vote of 70 ayes to 20 noes, re-
/ fused to take up Assembly messages, the Chair
| voting in the negative.
Spencer of Napa offered a substitute for Cross
| amendment to Section Is, providing in substance
! that refusal of any corporation to pay the
taxes levied and assessed upon its property shall
destroy its corporate existence, etc.
Mcclure offered an amendment to SpencerS
! substitute which the Secretary proceeded to
read. when the Chair ruled that it was out of
order.
The ruling of the Chair gave rise to consider
able debate of IA rather bitter character when
finally Mr. Mcclure offered to withdraw his
amendment.
Objection was made to the withdrawal, and
the sense of the senate being taken, it was
ordered that the amendment be not read
Cross held that Spencer'S amendment was not
german to the subject, and not embraced
! within the call Of the Governor He wanted to
| see something properaccOmpliShed; and ifthere
| be Senators who are pledged to vote against any
! bill or amendment coming from the conServ-
! atiye side and will themselves offer to amend
! the bill 50 as to prevent the issuance of injunc
tons or other processes to restrain the collection
! oftaxcS, he would withdraw his OWN and vote
| for such amendment.
spencer argued that the amendment offered
! by Cross while it was fair on its face and en-
| braced true principles of law would not have
the effect claimed for it-that of holding railroad
| ISL IL held
| that what Is known aS the Masi1 bill-thc law
| now in force-stood in the way of the amend
| ment accomplishing that which its author
! claimed would be lis effect.
Cross read from the Governor call to show
| that the amendment offered was III exact com
pliancc with the proclamation calling the extra
session The amendment embraced to some
extent the exact language of the Executive He
desired to have Senators go on record i'll this
| matter.
The roll was called on spencer's amendment
! to Cross suhSttute-aycs =, noes 2S-and the
| amendment was LOST.
spencer asked Cross if there exists any law
under which railroad property may be sold for
! taxes, ifso by whom and under what circum-
| Cross answered that there is no such provision
| in the law and that is just why he offered his
amendment, rs il gives effect to this penalty bill
/ until some more comprehensive law may be
| passed. His amendment was exactly what the
| Governor call demanded.
Reddy spoke at some length arguing that the
| Cross amendment fell short of the mark. His
| remarks soon took wide range and hot words
| cnsUed between himself and Cross the subject
! matter ofthe amendment being quite ignored.
! Finally the roll was called on the amendment
| offered by Cross. with the following result
! Aye,-Brooks Cronan, Cross, Doughery, Fra
| ser Harrigan Heating Kelly of san Francisco,
| Kelly of Solano, Kellogg Knight, Mccarthy,
! Mcclure. Nelson. Perry Reuter-, Ryan, Nroo-
man. Wallis Whitney-20.
| Noes-Baldwin, Buck Chandler, Cox. Del
| Vale Filcher Foster johnson, Langiord, Lynch,
| Maddox. Murphy. Reddy, Reynolds, Spencer OF
| Napa spencer of Stanislaus, Sullivan, Wolf
| skill-lS.
AFTERNOON SESSION.
| fDel Vale in the chair.
Cross offered To amend Section = by inserting
in line the words quoted below, 50 that it shall
| read This law shall not apply to any railroad
company which shall. before the first Monday
! in July have paid whether under protest, as
! .-.,;,,. f4.r ,,rn,idad Nvithput prDtpSt al