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

on the bill, the senate take up Assembly Hies-
HeIIogg objected He said it was simply an
effort to get to work again on the Barry bill. An
entire day or more would be spent IN discussing
the bill, and he did not see wa! the oeuate
should rot 90 on with the important business
before it.
RYAN wanted to proceed with the bill before
the Senate and said: Bill % Is under discussion
We have got through with this bill down to the
very last section The consideration OF the
bill was yesterday postponed until TINS
morning in order that certain Senators might
post themselves; that they might come mere
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 railroad
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 DO
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 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 mad voted with
those who asked it, in order that Senators might
familiariZe themselves with the PROVISIONS OF
the amendment and pass proper tax bill They
have chance now to do it. Ifthey do not, that
is another thing 81, for one" said he, want
every Senator upon this floor 10 go upon record
upon this proposition.
Mr. Cross reads the amendment.
!'Section g. No Court within the State shall
have power, by injunction or otherwise, to 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
;,,Eo Intryt 1l1Dh II a
of one of the taxes so 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 sentiment here prevailing
like this-that because certain pet measure
could not succeed THE 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 voted to put the matter over
for one day sir l did 50 in good faith and was
not expecting that there was any desire on the
part OF any of the Senators here to keen this
matter from coming up; but, sir, from this time
forth, am opposed to any postponement OF
matters which viii prevent subjects OF
taxation from coming before this Senate.
and this last poStpOnement being asked III favor
of bill which has no relation to the subject of
taxation oppose the postponement upon that
ground. If the motion was made in good faith,
how is it that the very Senators who yesterday
advocated the poStponement are the very ones
who make the motion to postpone again this
morning Ii may be that there are those here
who are opposed to anything unless they offer it
themselves, but for myself ! Will vote for any
measure that is a good one, no matter where il
comes from And, sir, if there is large ma
jority here in favor of tax penalty, If 1t IS a
good measure, let us consider this bill
and let il pass to engroSSment.
YroOman said There are two bills pending
before the Senate under immediate considera-
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 it comes back to us. The
other bill is upon the second reading file of this
Senate. 1t has already been amended to Il GER
tain extent, and there is another amendment
pending. that in any event Assembly Bill
No. %, if it shall pass this Senate viii 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 a fair, business
and sensible proposition. We ought TO 90 on
and perfect Assembly Bill No. %, and pass it, i'll
order that it 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 20 ayes to ~ 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 8, providing in substance
that a 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 Spencer's
substitute, which the Secretary proceeded to
read, when the Chair ruled that it was out OF
order.
The ruling the Chair gave rise to consider
able debate of 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 Speucers amendment was not
german to the subject and not embraced
within the call of the Governor. He wanted to
see something proper accomplished; and ifthere
be Senators who are pledged to vote against any
bill or amendment coming from the COnSerV-
alive 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
companies responsible for their taxes He held
that " hat i known the MaSlfD blll-tlp law
now in force-StOod in the way of the amend
mcnt accomplishing that which its author
claimed wOuld be its effect
Cross read from the Governors call to snow
that the amendment offered was in exact com
plance 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 in this
matter.
The roll was called on spencer's amendment
to CrosSS subStitute-ayes y, noes 2S-and the
amendment was lost.
Spencer asked Cross if there exists any law
under which railroad property may be sold for
taxes, if 50, by whom and under what circum-
stances.
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 nj some length, arguing that the
Cross amendment fell short of the mark. His
remarks soon took wide range, and hot words
ensucd between himself and Gross the subject
matter of the amendment being quite ignored
Finally the roll was called on the amendment
offered BY Cross. with the following result;
Ayes-Brooks, Cronan Cross, DOugherty. Fra
ser. Harrigan, Heating. Kelly of san Francisco,
Kelly of Solano, Kellogg. Knight Mccarthy.
Mcclure Nelson. Perry, Routier, Ryan, Vroo-
man. Wallis Whitney-20
Nocs-Baldwin. Buck, Chandler. Cox, Del
Vallc. Filcher. Foster, Johnson, Iangtord, Lynch.
Maddox. Murphy Reddy, Reynolds, Spencer OF
Napa. spencer of Stanslaus Sullivan, Wolf
skill-lS.
AFTERNOON SESSION.
fDcl Vale in the chair.
Cross offered to amend Section by inserting
in line the words quoted below, so that it shah
read: This law shall not apply 10 any railroad
company which shall, before the first Monday
in July have paid. whether under protest rs
hereinafter provided, or without protest" all
property taxes etc. Adopted-ayeS q, noes II.
Mcclure moved to further amend Section 6, 50
that the bill shall not apply to taxes or assess
ments levied heretofore or hereafter for local
Improvements.
Perry opposed the amendment on the ground
that in his opinion ii would enable the people