Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-07-17
-
The DRAINAGE CLAIMS.
Question of Justice and what Belongs
to Good Government.

Question OF Justice and what Belongs
to Good Government.
EDS. RECORD UNION: As one who con-
tracted some of the Indebtedness of this
State to private parties under the celebrated
about the drainage claims, to compel pay
ment of which the Supreme Court has just
failed to issue mandamus. l do not wish
to discuss the expediency of the measures
proposed in the body of the Act 1t is suf-
ficient to state that it was in force several
years, and that under it much work pre-
sumed to have been for beneficial purposes,
in providing better drainage and improving
the navigability of the Sacramento river,
was done. State Departments were called
upon for aid, and assistant engineers from
the Office of the State Engineer (perhaps
against their own inclinations) had to de-
vote portion of their time to duties de-
volving upon them in connection with this
so-called drainage work" The proper
authorities entered into contracts to have
river Improvements made. These were
frequently awarded to parties specially in
terested in faithful execution of the work,
as, for instance, in the case of many bank
land owners who took contracts for the
their own water front, sometimes pledging
all their property as security to raise the
necessary money to carry on the work.
supplies and material were furnished by
our merchants to the agents of State au-
thorities, and many assistants and laborers
rendered months of service, for which pay
is still due them.
Claims thus accrued remain in large part
still unpaid, Notwithstanding that the Leg
islature passed relief bill for the payment
of these unquestionably Just claims against
the State. This relief bill seems to be con-
sidered unconstitutional by the Supreme
Court, which says that the Constitution,
Article f. Section 81, declares that the Leg
islature shall have no power = to pay or to
authorize the payment of any claim against
the State, or any county, or municipality,
under any agreement or contract made
without express authority of law; and all
such unauthorized agreements or contracts
shall be null and void The Act of 1880
! having been declared unconstitutional, it
became void.
The Supreme Court further saws: I'VE
do not perceive how the legislature can
authorize the payment of any money which
it is prohibited from authorizing to be
paid"
But, granting the position of the Court
to be right, the question arises, Was not
the Drainage Act law binding upon the
people of this State from the time at which
it was to go into effect until suit was
brought to test its validity? Can the COM
mon citizen, laborer, merchant, farmer and
contractor be expected to determine that
the titlen of the Act does not express
| fully the subject matter in the body of the
bill, or such other technicalities which are
sufficient to cause the Act to be declared
unconstitutional when tested by the Su-
preme Court? Is it not manifestly the
duty of the Attorney General to so guard
the interests of the people that, when an
Act is clearly unconstitutional, he take the
necessary steps to prevent its provisions
| from being enforced?
| Can not each citizen, who may be dis
satisfied with the provisions of a law,
cause to be brought in the name of the
| people the necessary action to determine
! its validity? Does not justice and every
| interest of good government demand that
law properly enacted shall at least be
construed to be the law until some action
is brought to prove its unconstitutionality
If this be so, then the relief bill of 1885
| is clearly constitutional.
| If this be not so, then it ought to be, and
| if common law teaches differently, then
let the necessary constitutional amend
ment be made to alter the law in the inter
est of our State and the melting out of
/ justice to its citizens. The State should
not be debarred from making Just restitu-
! ton to persons innocentiy injured by CONT
plying with the requirements of law.
afterwards found to be unconstitutional.
Yours, etc. G. E. GRUNsKY-