Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1885-02-12

the State The miners were to pay one portion
of the debt, and the valley people their portion
of it. That was the very Act that has doomed
hydraulic mining and yet the miners have paid
their 10 per cent of the taxation levied by it
they have paid most of the money already
raised and paid out under the Act. He did not
believe the bill TO be right, and would not vote
for is.
Parks said that if the bill should be passed,
provision will doubtless be made in the general
appropriation bill to raise the necessary money
to meet these claims. Why should the $4,000
now in the treasury to the credit of the drainage
fund be paid if the debt be not just one? That
100000 is State money, and 1t should not be paid
out If the debt be not a legal one. And II IT be
legal and just, it should be paid, dollar for
dollar Who is authorized TO make contracts
for the State if not the Legislature? And when
such contracts are made the Legislature should
see them paid. Rather than pay ten cents on
the dollar on these claims, he would say let
them be repudated
Jones again spoke for the bill He said the
Acknowledgement had declared the law to be
constitutional, and the Commissioners under
stood it TO be when the work was ordered by
them and performed by the contractors and
laboreTS.
Parks made the further point, in answer to Il
question by Hazard, that the expense would
have been Il just tax on the section affected had
the Supreme Court not stepped in and deprived
them OF the machinery provided for putting the
Act in operation, consequently the burden falls
work to be done.
Hazard spoke at considerable length against
the bill.
McGlashan said the Legislature could not
make Il contract that would be absolute and
when the Supreme Court decides such contract
to be unconstitutional, that decision is final If
this bill be passed, the present Legislature will
go down into history branded as dishonest.
lleath's amendment was lost by vote of 10
ayes to SO noes.
Jones offered an amendment to Section 3, au-
tl,,ri tha hold Of 10
present the same to the State Board of Examin-
ers to be passed upon by the latter.
Hazard said there should be limit fixed TO
these unaudited claims There might come
perfect flood of such claims upon the Board OF
Examiners.
The Jones amendment was adopted.
Heath offered another amendment. the effect
of which would be to pay only portion of the
claims. Lost
Coleman offered an amendment, reducing the
sum to be appropriated Din addition to the 500
600 in the drainage fund.- from $4,000 to $780,
GOO, the difference representing the sum justly
chaTgeable 10 the district in which the work
was done, and for which, i'll his opinion the
State is in no way liable.
The hour for recess having arrived the COM
mittee arose and reported progress.
Recess was then taken TIL o clock
Afternoon Session.
The House reasscmbled at P NJ.
IN COMMITTEE OF THE WHOLE.
The Assembly went into Committee of the
Whole Jordan in the chair on the drainage
claims
Coleman explained the purpose of his amend
ment. He held that if District No. has ceased
to exist. it is niStoItune but that is no reason
why the State at large should assume response
bility for more than its share of the expense.
Parks said that if the State owed any portion
of these claims il owed 100 cents on the dollar.
The debt was created by Commission appoint
ed by the State and it would be only Just for
the state to pay the debt.
Woodward said that great portion of the
State was opposed to the Drainage Act i'll the
first place, ami should MT now be made to pay
any part OF this debt.
McJunkin expressed himself as opposed to the
bill in any shape. Thee claims have no stand
ing, either legally or i'll equity, as against the
State.
Coleman reiterated his argument that the
State is justly chalgeable with but portion Of
the debt.
McGlashan spoke in the same strain. He said
that originally il was intended that the hydrau-
lie mines should pay about two-thirds of the
expense.
May took the ground that the contractors and
laborers knew no trinity in connection with the
law. SO far as they knew they were working
for the Commissioners appointed by the State.
They did not understand that one Commissioner
represented the State, another the hydraulic
miners, and third the people of drainage
district. They worked for the State and should
have their money
Dooling and Firebaugh favored the Coleman
amendment.
The amendment was lost-ayes 30, noes 81.
Hazard moved to amend Section ;, by provid-
ing that the unaudited claims to be presented TO
the State Board of Examiners shall not be al
lowed i'll excess of $4,000.
Mcilashan moved TO make the limit 5000.
Parks repliea that ii san imputatiOu against
the honesty of the State Board of Examiners.
That board surely would not allow cent more
than was just and propsr.
Nc rlashan said he had no imputation to make
agains: the Board of Examiners, but did not
hesitate to say that the holders of these claims
We're trying to swindle the State out of more than
S200G1J
Nc -lashans amendment was lost and HaZ-
ards adopted.
Hazard moved to strike out the section provid-
ing that the Act shall take effect Immediately.
Lost.
Jones moved that the committee rise. report
the bin back to the House and recommend its
passage as amended. Carried.
The Assembly then cOncurred in the amend
ments made in mnittec of the Whole.
The bill was read a second time III the As
semhiy.
Barnett moved to amend the bill in the same
manner H. offered by Heath in Committee oftEe
Whole. Lost-Aycs 80, noes II.
McJunkn spoke against the general provisions
of Che bill, declaring it to be an unconstitutional
measure.
He was replied to by Mr. Jones, who cited the
Acknowledgement rs authority that the bill is
perfectly legal measure.
McGlashan made violent assault upon the
bill and the motives Of its advocates. and was
replied to ny both Parks and WaTath. The lat
ter denied that his colleague represented the
views Of the people of Nevada county on the
question under consideration. Parks said the
Drainage Act was passed originally to save Ne
yada county from ruin, after the Courts had de-
cided the chief industry of that county was lille
gal IL was a concession by the valley people to
that conty's interests. If the gentleman from
Nevada had political aspirations he should re-
move from Nevada county.
Speaker Parks in the chair
After reply by McGlashan, Yule demanded
the previous question. So ordered.
The bill was then ordered engrossed aud to II
third rcadiEg-ayes II, noes IS.
Jones moved tomake he bill the special or
der for Thursday at 30 p. NJ.
Coleman said the file was being numbered UP
with special orders, and he thought it time TO
cry halt.
Jones withdrew his motion.
THE SHASTA NORMAL SCHOOL.