Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1885-03-11

of the Law under With rights have vested so
to affect such rights
Nj. Saxe-lt Is not necessary to enact laws {,
doing what you have already the right 10 d,
| fou can buy those lands # you want .o-the
are for sale.
Mr.. Reddy-The power to condemn does II,
interfere with the right 10 purchase but " hen
man knows you cannot get along without hi,
D., his services are worth u good deal OF none,
aud when he knows that his services are necei
S4ry TO your very existence then YOU have 90
( 10 give him good deal OF money unless he
/ Il very nice man.
! Mr.. saxe-Thcn you want 20 10 by law ,yha
! you cannot do without law
Mr. Il, dds-Certainly.
! Mr.. oaXe--Nou want 10 take away That " hic
q man is n willing to sell. hcca!!St. M. wants
for himself aud his family and hi heirs site
him; and you want to take II without nayjn
the equivalent?
Mr.. keddy-No. Take the city OF san Fran
! Cisco. for Instance. ! would like 10 know
some man should establish Il title to the grea
OF il TO block the entire street
and you could not travel over ii except by nav
, ing whatever he demanded of you, what womb
you do" Would you say single indivilua
should destroy The commerce OF the city
! or would you pass law which woui,
enable the community 10 90 INTO the Court
and bring him in. and let him set up the yllu,
the highway What would you do lie
me give another case. suppose some laal
owned the right of passage through the colder
Gate into the harbor of san Francisco: would no
You interfere with it, or would you allow him L
ask such tolls as he had d mind TO demand O,
would you pass law and compel him TO take .
fair price for il and turn il over 20 the people"
Mr. SaNc-The eases are not similar AZ All
The one is public use. and the other i, not q
public use.
Mr. Keddy-l will answer that in ;hi, way I
i, and always has been, the province of the
Legislature TO declare what Is Il public use but
they cannot do 20 arbitrarily. nor under the
2USc of declaring II public use interfere i'm
properly with vested rights. 20 that il anybody
disputes the question OF its being public use,
they can go into the Courts and before the prop
crty can be taken the plain HIN the action must
establish by a preppnderaucc OF evidence, and
TO the satisfaction of the tribunal that il is a
public use OF they cannot take il. The Con
Stitution Of the 81 ate declares that water divert
ed from the streams Of this State for rental sale
or distribution is Il public use. We add nothing
10 that; but il VIC do the Courts are finally 70
determine whether this Use IS a public one OF
not.
SPEECH OF SENATOR TAYLOR.
Mr. Taylor-I have neither the ability OF
mind nor strength of body TO speak on This
question as it QUE 1T to be considered this even
ing but, sir, having liStented this afternoon TO
some remarks that were made here more pay
icuiarly those made by the senator from los
Angeles del Nallel upon the progress. or want
OF progress, that has been made in the efforts to
ltglSlate upon this question. | deem il proper at
TINS time to give history, biict us il may be- of
the situation of the question, before this body az
least
Sir. 1t is new procedure, which has been
adopted by those who have preceded me- 10 dis
cuss the merits of these bills and the proposed
legislation on motion TO take up bill out of
order. But suppose the discussion has taken
that line and that course has been adopted be
cause 1t Is probably apparent that without tax
ing the present opportunity il might never be
available, and for that reason it may be proper
that these questions should be discussed at this
time. An appeal has been made to us-a stir
ring appea!-to take these bills up ont OF order
because, as we are told, it is question of great
importance to a large portion OF the population
OF TINS state. Certain Senators occupy this floor
who have charge of this matter-or who at least
nave assumed to be-and have been recognized
as leaders In the fight uuou this wcightv prob
lem Sir, this body met on the 5th day of Jan
uary last, and to-day, after the constitutional
limit of the Legislature has expired, we are
asked to suspend the Senate rules and take up
this bill for consideration.
what Is the history OF Assembly Bill No 40
which we are asked thus to consider at this late
day in the session? That bill was received from
the Assembly on the Dist day of Fcbrlary-
had commenced its labOrs. 1t was referred 10
the Committee OF the Whole of this body and re-
ported back to the Senate on the ID day of the
present month-Only four davs ago and we are
now asked to take it up out of order. and Law
aside other legislation which is waiting upon
our files, and consider this first, foremost and
above all What sir, has been the usual course
here? During the last few days in the haste of
parliamentary business, it has been customary
when we looked at our files and found that a bill
which had been reported adversely by COM
nIttee was proposed TO be resurreCtcd from the
lle and placed upon its passage 10 let it be
here, and take up such bills only is had been
reported with recommendation for their pas
sage.
This bill was reported back only four DAYS
ago from the Committee of the Whole with' a
recommendation that il do not pass" and vet
'lr, heard it stated on the floor of the Senate
his aitenoon-if l am not i'll error-that the
1lil had not bceR considered in committee The
dill is the same as senate Bill No 2lO and what
5 the history OF that bill' 1t was introduced at
Is late day as February %. \ whole month
nearly hao expired from the day on which this
legislature convened, when that bill, which is
aid to be ~ iap0rtdu vas first brought to the
lotice of this body. Il was referred 10 the Sen.
tie Committee on Irrigation and Water Rights. |
md was received by that committee on the 9th |
lay OF February. 1t was reported back from |
hat committee on February 9th and referred to |
he Committee OF the Whole. and after con |
liberation there, was reported back 70 this body |
N the 2tth OF February. with the recomnen- |
atlon that 1t do not pass Sir. thus give the |
history OF these bills, because | desire il to be |
nown who, If anybody, is responsible for what !
yer delay there has been in regard to this kind |
nd Character OF legislation.
Now, sir, after all of this delay. we are now
Sked to take this bill UP and consider it, and |
'e have been appealed 10 here. this afternoon.
n language both eloquent and powerful and |
Tor Goti 5 sake to take up these bills The |
committee on Irrigation and Water Rights, to |
nom these bills were originally referred, was |
yer ready to consider them. And, sir, although |
lclr present Champions were members of that |
olnmlItee, no attempt even was made by them !
7 that committee to give these bills that CON
Iteration which is usually bestowed upon bills |
,ierred TO committees for any consideration
nd why
Sir, soon amer the committee WAS ORGANIZED
was scarcely possible To obtain Il quorum and
men the committee do meet on one occasion
TN nearly full membership, did it see fit 10
IKE INTO consideration those matters, No, sir;
ut suggestion was made-and after notice of
ne full day-It was moved and carried without |
asserting vote, that they should be taken |
ON that committee and considered in Com
lttee OF the Whole, and into the Committee of |
lie hole these bills were thrown like ears of
'rn into baSket-"without recommendation.
no II does not seem 10 have occurred TO the
.htlemen who are advocating these measures,
III VINO asSeveTate very forcibly that the vel
re OF great portion of the people-if not
elr very eXistence-dependsu upon them: that !
e Committee of the Whole was not the hest
ace 10 consider them until about four days ago.
zen IL seems to have dawned upon them that
was not good for these bills to remain there |
1t that they should be taken therefrom and
aGed upon the general file, and that was ac-
TTGinsly done And the query is now put t
tAASIu up why ODStTuCL tDlS
5islation? For Gods sake take them up, and
you DO not like their provisions vote against .
EN-; but take them up, and give Us chance
vote for them" Why not?
Sir, with the evidence before US of the spirit
d deteTm nation evinccd by the gentlemen
10 are advocating and attempting to manage
ese measures, ii is conclusive thai they Intend
give no quarter, but on the contrary. TO Law
wn an iron rule-and by the force of parlia-
entary rules and might, attempt TO establish
err crude propositions. They virtually saw
re are the bills which were prepared for YOU I
the executive committee Of body which 7
It before you convened FRESNO COnYentiOn)
imposed of good, true, lawful, wise and Just j
n, and which we say as Senators ana as
'mbers of the Legislature ought therefore to s.
passed here. And when, sir. in the Commit 3
of the Whole we who could not fully agree
tn all and each of these provisions, have a
empted to amend them, and add to them
IN measures as we thought would bring them II
Il state of perfection. the amendments have
IN voted down with an alacrity and prompt
$ characteristic only of machine work ana
y say TO Us. &c Nou must accept these meas
IS or none Nearly every amendment was ,
ted down, ana that. too, by a majority vote in 4
Committee of the Whole If thar bod bnau 4