The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1893-04-13

D Nt-SAN "SAS nv IL ally lllut any
tional or legal action taken by the Thrift
eth or any other session OF the Legis-
/ lature OF the State of California to legally
and constltutonally adopt any resolution
or enact any law embracing the subject of
amending the Constitution of the State,
for the purpose of providing for the re-
moVaI OF the seat OF government from the
city OF Sacramento to the city OF San Jose
or any other place. That the alleged Senate
| Constitutional Amendment No. %, as
voted upon in the Senate, Is another and
| different resolution from that delivered
to and voted upon in the Assembly,
which is not a copy of the original.
That said proposed amendment to the
Constitution is void for the following rea-
sons:
l. Because there is not now, nor ever
was, enacted by the Legislature of the
state OF California any law whatever pro-
Vldlng for changing the seat OF govern
ment from the city OF Sacramento to the
city OF San Jose or any other place.
| :. because there was never at any time
submitted 10 the qualified electors of the
| state, voting at general State election,
or at any other election, for the approval
and ratification of said electors, any law
whatever making or providing for the
| changing OF the seat of government of
the State from the city of Sacramento to
any other place.
.. because said resolution purporting
to be Senate Constitutional Amendment
NO. 70, does not contain any provision
Tor submitting it to the people Of the
state to be voted upon at any election at
| any time or in any manner, nor WAS any
law enacted by said Legislature or any
| Legislature, providing for the submission
OF said alleged amendment TO the quail
! he'd electors of the State for their APP
| proval, at any time.
t. Because the resolution voted on by
the Assembly is not a copy of the resolu
lon voted upon by the Senate.
D. BecauSe said purported proposed
alnendment to the Constitution Is uncer-
tain and indefinite, and does not embrace
within Its terms any provisions by which
the qualified electors OF the State may be
informed as to the time, terms, condi-
lions or cost of such proposed removal,
or the means of paying therefor, nor does
II make any provision for the providing
and paying for any change in the location
OF the seat OF government Of the State.
| .. Because said alleged proposed con-
stltutlonal amendment was not engrossed
and enrolled and entered upon the
| journal OF the Senate at the time It's adop-
ton was moved, nor at any other time
before an alleged copy thereof was by
| some person or persons unknown to
plaintiff carried to the Assembly cham
Der and delivered to that body.
| 7. Because said alleged proposed
amendment was never at any time legally
or constitutionally transmitted to the AS
sembly from the Senate, and the AS
sembly never had any right or power to
act upon 1t in any particular, and that no
| final vote was in fact taken thereon.
! s. Because after said alleged proposed
amendment was voted upon by the As
| sembly, and in due time notice of motion
to reconsider was given and entered upon
the journal of the Assembly, which said
! motion To reconsider was never at any
time voted upon by the Assembly. and
the Legislature adjourned sine die with
out having disposed of said motion to re-
consider; and the will OF said Assembly
was never expressed upon said motion to
reconsider.
That by reason of the matters and things
alleged and charged, such proposed Sem
ate Constitutional Amendment No. %
was never legally or properly adopted or
transmitted TO the defendant, as Secretary
of State, and no record thereof, nor any
original paper relating thereto, or con-
tanning the words and figures compris-
ing said alleged amendment, were ever at
any time legally and properly consti-
tuted record, resolution, law, or journal
entitled to place in the custody of de-
PENDANT, as such Secretary of State, nor
was any original paper, resolution, Jour
nal, record or copy of said alleged amend
ment a proper or legal subject for an IN
deX or marginal note, or legal or proper
subject to be certified to the Clerks of the
respective counties of the State for publ
cation for the purpose of submitting the
same to the electors of the State for the
popular vote, at any time whatever
That the expenditure of any money
whatever by defendant as such Secretary
of State, in the preparation of any index
or marginal notes and the certifying
thereof to the State Printer, and the
printing thereof, will take from the funds
of the State, derived from taxation of the
property of the taxpayers of the State, in
Guiding plaintiff, money, without any
authority of law and for an unlawful
purpose, and that the payment of such
expense will thereby greatly and ire
parably injure plaintiff, and deprive him
of money without any remedy whatever
for the recovery thereof.
That the expenditure of any money
whatever by the defendant, as such Sec
rotary of State, in certifying to the Clerk
of each county of the state the said
alleged constitutional amendment for
publication as provided IN Sections 1894
and 1875 of the Political Code, and the pub
LEGATION thereof by said Clerks will take
from the funds of the State and the re-
spective counties thereof, derived from
taxation of the property of the taxpayers
of the State including plaintiff, money,
without any authority of law and for an
unlawful purpose, and that the payment
of such expense will deprive plaintiff of
a portion of his property, without any
remedy whatever, and thereby greatly
and irreparably lnjure plaintiff.
That plaintiff heretofore, and prior to
the making of any index or marginal
notes to said alleged constitutional
amendment, notified the defendant, as
such Secretary of State, that said Senate
Constitutional Amendment No. 23'' was
mill and void and that the had
never been legally or constitutionally
adopted, engrossed, enrolled or trans
mitted to the Assembly, and that said
Assembly had never at any time been
legally or constitutiOnally possessed of
the same, or true copy thereof, and had
never disposed of it; and pointed out to
and informed defendant, as such Secre-
tary of State, as to the truth of the mat
tiers and things herein set out touching
such proposed amendment; and there
upon plaintiff requested defendant, as
such Secretary of State. to refrain from pre-
pairing and certifying to the State Printer
any index and marginal notes of said al
legged amendment, and requested defend
ant, as such Secretary of State, to refrain
from certifying to the Clerk of each county
the said alleged Senate Constitutional
Amendment No. % for publication, as
provided in Sections 1894 and 1895 of the
Political Code; and notified defendant,
as such official, that such officer was q
taxpayer in said State, in the respective
counties named, and that the perform
ance of the acts specified touching the
conduct OF defendants would deprive
plaintiff of a portion of his property with
out compensation, and thereby greatly
and lrreparably injure plaintiff. But that
| defendant, wholly disregarding the facts
and wholly disregarding the rights of
plaintiff and the laws of the State, as such
! Secretary of State, refused and now re-
fuses to refrain from the preparation of
an index and marginal notes to said