The record-union., 1893-11-13


with the present provision of Section /,
Article y, with the word "San JOSEF
inserted in lieu of Sacramento. The pro-
posed conditions under which the seat of
government can be moved can only have
reference to removal from San Jose,
not to San Jose, and with the additional:
provided, that the State shall receive
donation of site of not less than ten
acres and 81, 100000 before such removal
shall be had"
What removal? Certainly it means a
possible removal from San Jose.
There is not syllable about removing
from Sacramento or to San Jose, it is a
provision saying that the seat of govern
| ment is at San Jose, and shall remain
there until the necessary laws are passed
and million of dollars paid into the
State Treasury and site of ten acres of
ground conveyed TO the State by such To-
callty as the required law may authorize
-nothlng>more, nothing less.
There is absolutely no ground upon
which to base the claim that the alleged
proposed amendment contemplates
action looking TO the removal of the seat
of government from Sacramento. 1t Is
simply a declaration that the seat OF
government IS at San Jose, and provides
for retaining it there. This brings us 10
the consideration OF the scope and effect
of amendments to the Constitution and
the power oil the Legislature in that di-
rection.
Article XVIII, Section /, of the pres
ent Constitution is as follows:
ANY amendment or amendments to
this Constitution may be proposed in the
Senate or Assembly, and If twO-thirds OF
all the members elected 10 each OF the
two houses shall vote in favor thereof,
such proposed amendment or amend
ments shall be entered in their journals,
with the yeas and nays taken thereon,
and it shall be the duty OF The Legisla-
ture to submit such proposed amend
nent or amendments to the people III
! such manner, and at such time, and after
suci publication as may be deemed eX-
pedlenI. Should more amendments than
one be submitted at the same election,
| they shall be SO prepared and diStin-
guished, by numbers or otherwise. that
each can be voted on separately. II the
people shall approve ana ratify such
amendment or amendments, or any Of
them, by Il majority OF the qualified elect
ors voting thereon, such amendment or
amendments shall become part or THIS
Constitution"
This is the only authority under which
the Legislature can propose amendments
to the Constitution, and counsel for re-
! Spondent is OF the opinion that under the
| provisions of that section the Legislature
! has the power to propose amendments tC
any part of the Constitution. But such
| proposed amendments must be germane
| to the subject, and must contain SubSti-
| tute or equivalent if it is in reference tc
any matter that is TO be continued or II
it abolshes the former provision there
must be appropriate language OF repeal,
so that the voter IN any case can take the
original and the proposed amendment
and be advised as to the proposed change
of policy; and it must not be proposed in
a condition requiring deep research into
abstruSe propositions as 10 the legal effect
of its composition, but must direct atten-
ton to the manner in which the subject
will be thereafter dealt with. Every
voter in the State knows that the seat o.
government is at Sacramento. and thai
the present Capitol building cost $780,
600. California Blue Book or State Ros-
ter, 1891, D. A.. The Blue Book is author
lied by Act of Legislature (Statutes and
Amendments, 1871, p. 454l, and is pub
lication contemplated by G. c. p, Sec
| 1873.
But large numbers of the voters are moi
now advised as to the present condition
thereof, as to whether new building is
required or not. 1t may be that q major
lty of the voters of the State prefer tC
have the seat of government at San Jose
and would so vote if fully advised as tC
the condition of the case. All know thai
the present Constitution requires the
enactment of laws before the seat of gov
ernment can be removed, and that such
laws will provide details OF time, manner
and cost; but there are many who are un-
able to decide whether such laws can be en-
acted after voting on an amendment &c
the Constitution or whether the law must
| be enacted first, and it is due the voters o1
the State that the matter be judiciaIly de-
! termined so that in voting, II vote be
| had, the elector will know that if ma
jority of those voting on the proposition
are in favor of it that appropriate legiSla-
ton will surely follow, or else be told
| that ii they vote Tor it without the prelinl-
mary legislation they will do it with the
| full knowledge that the future contains
nothing but uncertainty and doubt. So
that, in casting their ballots they can de-
termine whether they will invite this
condition or insist that the change, if de-
| sirab.e, shall not injure them and their
| interests by obscurity and lack OF power
to act.
The proposed amendment is silent as to
the matter of removal from Sacramento.
| Is it possible that the mere statement
that 1.-The city of San Jose is hereby de-
clared to be the seat of government ofthe
State'' is sufficient? We think not, and
have not been able to find any authority
| for believing it to be so, not even in the
appellants brief.
| Section l of Article Xxx, as it now
stands, requires affirmative action to
bring about or authorize removal of the
seat of government, and if those prov1s-
ions be not abrogated by appropriate
language in valid amendment provid-
ing for different method, or abolishing
all conditions, the proposed amendment
must fall.
The provisions of the Constitution O.
the State OF California are not grants OF
power, but restrictions upon the power o.
! the Legislature. Where the Constitution
prescribes mode of procedure that mode
! is the measure of power.
Here follow a large number of cita-
tions in support Of counsePs points.
SUPERVISORS.
Their Business For the November Ses-