The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1893-06-17


one-third OF the electors vote upon the amend
ment and a majority OF such one-third vote
in favor OF the amendment, 1t becomes there
by tpSO fdctO part OF the Constitution. The
manners of that instrument deemed that there
was sufficient guard upon unnecessary and i'll
considered proposals by requiring two-thirds
Of both houses OF the Legislature to concur in
a proposed amendment, and lett the mere
matter of the time and mode OF election to
the discretion of majority, and the voting
by the people to majority of those who took
enough interest in the subject matter TO eX-
press their will by voting upon it. Therefore,
the language OF Article XVIII. is exactly and
aptly selected for the purpose of these inten-
tons.
Now mark what these trainers did when
they came TO frame and construct Section L,
Article XXX.
First, it will be observed that the section
does not evolve any such idea as reaching the
subject Of a change of the seat Of government
by an amendment; but, after first establish
ing the seat Of government at Sacramento,
does provide that it may be changed by
law.
Next, it will he observed that it regards the
time, and regulations, and provisions for the
election as important Tor the reason doubt
less that the subject was one OF more than
ordinary consequence, and, therefore, IL took
from the Legislature the right to name the
Time except to name it at "a general State
election"
Next, it required the law submitting the
question to the people, and providing the
regulations and provisions for taking the vote
TO be passed by two-thirds vote OF each
house.
Again, &c indust-ie, 1t required the law to be
ratified by the votes OF a majority OF the elect
ors voting therefor-not q majority of those
voting upon the question, but a majority of
the qualified voters OF the state voting at such
general election.
The convention was sitting in the Capitol,
and in the city which had Inen been, by the
general consent OF the people, the seat of gov
eminent tor twenty-five years. 1t regarded
the splendid edihce and grounds upon which
the State in its pride, had lavished millions,
with nigh degree OF favor. That body was
composed of 81 members and was in session
! So days. It was representative of the State
in all its parts and in all its interests 1t was
most respectable, as well as non-partisan In
character.
II considered well the question of the loca-
ton OF the seat Of government 1t was mind
ful ofthe petty contentious which in the early
titties had agtated the peaceful hamlets of
san Jose, Vallejo and Benicia. 1t is believed
the subject was settled beyond the possibility
of even a spaSmodic resurrection. IN tran-
ing an instrument 10 endure. as it was hoped
for generations, the possibilities OF a distant
future were not left unconsidered, and 1t was
carefully provided that the seat of govern
ment might be changed, but not until de-
manded by majority OF all the qualified
electors ''of the State"
It is easy TO see why the differences which
we have pointed out were made to exist be
tween Article XVIII. ana Article NIX. The
peculiarities of each are in perfect harmony
with the purposes Of each.
II.
Proceeding to the consideration of Section
l, Article NNIII., by itself and without refer
ence to any particular subject matter, we
C aim that such action as was taken by the
Legislature for the purpose OF bringing before
the people Tor their suffrage the proposed
amendment would be wholly imperative and
Intellectual for the purpose of submitting any
proposed amendment whatever to the people.
so, ii for the purposes of presenting this
contention it be conceded that Section l. Art-
Gle Y X, may be so amended, by action taken
under Article XVIII, as to change the seat OF
gov eminent "a proposition we nave. as we
! Tr,l. ThnrnnOhlV
lature, in this instance, failed TO IMPLY with
the essential requirements of the Constitution,
then, as we have sand, its action Is Intellectual,
imperative and void.
What did the Legislature do? Whether as
a matter Of TACT the proposed amendment qua
or did not pass both houses by two-thlrds
vote we now assume that It did, and that IL
was duly entered sin their journals, with the
ayes and nays taken ther, on"
SO much was then done, that is to say, the
proposed amendment was voted by the requi-
Site two-thir and was entered in the Jour
nais What next? The same sentence con-
tinUes with these words: And 1t shall he the
duty of the Legislature to submit such pro-
posed amendment or amendments 10 the peo-
pie in such manner, and at such lime, and
after such publication, as may De deemed ex-
bid The Legislature do this? NO. Itstopped
at this point ana took no further step, either
by Il law or by resolution.
Shall we inquire why nothing else was
done? Surely it is not necessary to do so.
The fact is all that is needful TO know. The
timely interposition. arrests nasty and lntem-
perate legislation
Although twothtrds could be aroused to
propose, u bare majority all that was neces-
sarV) .ould not, a few hours later, be brought
II We are to seek the intention Of the law
making power, we must conclude that it did
not intend to submit the proposed amend
ment to the people. We must conclude that,
upon an understanding of what was pro-
posed, and with a sense of proprlety born of
a few hours reflection, it shrank with a
proper sensiblity from incorporating in the
fundamental law of the State, in inexpung
able lines an offer to sell the seat of govern
ment provided the would-be purchaser would
at its own time and pleasure elect to pay the
demanded price.
But it is contended that there is a way by
which this failure can be bridged over, and
that, in view of the supposed supreme de-
mand for taking vote Of the people upon the
question involved, this plan of surrounding
the difficulty should be viewed with favor.
Section OF what is known as the "Austra-
liam Ballot Law" enacted in 1891, and which
is amendatory OF Section 1875 OF the Politi-
cal code, reads as follows:
"llg5 Whenever proposed constitutional
amendment or other question Is submitted to
the people of the state for the popular vote,
the Secretary OF State shall duly, and not less
than twenty-five days before election, certify
the same to the Clerk OF each county of the
State; and the Clerk OF each county shall in
clude the samein publication provided for in
Section 1894 of this Code"
1t is under This Section 1195 that the Secre-
tary OF State proposes to ACT.
In the first place ii should be observed that
it is only when proposed amendment is sub
mitted to the people that the Secretary of
State is directed to take the action therein
mentioned; when an amendment is proposed
il is not the Secretary of State who submits it
to the people; il is the law-making power that
is charged with that duty. aud, as we have
seen, that authority failed to make the sub
mission. And here 1t is well to notice the
fact that the proposal of an amendment is
not the act Of the Legislature; it is the initia-
tory step and IS the act OF tWo-thlrdS OF the
members as members. 1t Is no more the act
of the Legislature than is the act OF a men,
Der who proposes or introduces bill Tor an
act. The language Is ANY amendment or
amendments may be proposed in the Senate
or Assembly, and If tWOthlrds of ali the
members elected to each of the two houses
shall vote in favor thereof then 1t shall be en-
tered IN the journals. When these two things
are done, then the proposal Is complete as
such. Ii is certainly no more at that stage of
the proceeding tuan "A proposed amendment.
W hat next" linen folloWs as tie next step
the direction for action upon the proposal by
the Leg stature. This action is directed in
the following words: 'And it shall be the
duty o. the Legislature 10 submit such pro-
posed amendment or amendments to the
people in such manner, at such time, and
after such publication as may be deemed eX-
pedient" Perhaps this duty could be per-
formed by a resolution as well as by a law
and il so. it may be done in the same way
that any resolution is adopted or any law is
enacted; that is 10 say, by a majority vote.
Doubtless this legislative duty of submit
4 ting the proposed amendment to the people
/ and determining the manner, the time, and
/ the publication could have been performed
/ Dv providing in the Act or resolution of sub
mission that it Should be submitted in the
/ manner, and at the time, and after the publi-
cation provided by the several sections OF the
/ Act Of March 20, 1891, or by the Act of
March :, 1883, by reference to one or the
/ other OF those Acts. By so doing, II may
I be said, the Legislature would have exercised
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