The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1893-02-17
Governor Markham On NeceS-
Sary Legislation.
His MESSAGE TO THE SENATE.
Important Bills That Require In
mediate Attention.
FORD'S MINING DEBRIS BILL.
ASsenblynan johnson Takes the Stand and
Denies the Charges Against
Him in Toto.
FORD'S MINING DEBRIS BILL.

Governor Markham treated the Senate
to mild shaking up" yesterday with
reference to the necessity of taking time
by the forelock and acting upon certain
measures that are now pending before the
final rush takes pIace-the rush which
always occurs at the close of a session,
and in which many important measures
are trampled upon and lost.
He forwarded a message to that body
late yesterday afternoon with the hope
of hurrying matters along. up to the
present time" he says, "bills have been
introduced in the Legislature calling for
appropriations which, including the gem
eral appropriation bill. will amount to
Sl6,000,00O. 1t is my desire that every
just claim against the State and every ap-
preparation for necessary expenses in
conducting the State institutions should
be allowed. The experience of the Board
of Examiners and other State officials, in
dealing with the various unliquidated
claims against the State, has convinced
every one of them of the pressing
NECESSITY OF LEGISLATION
To carry into effect the provisions of Sec
ton of Article XX. of the Constitution,
relative to suits against the State 1t is
well-known fact that the time of past
Legislatures and of the Board of Exam
liners has been very largely consumed in
the examination of doubtful claims
against the State, many of which involve
difficult questions of law and fact. The
nf 10 arI of 1aiI
before you at this session, shows that very
large number of claims have been exam
ined by the board, and as to many of them
IL had been unable either to approve OF
reject, it being impossible to make such
thorough examination as would result in
exact justice to the claimant and at the
same time protect the interest of the State.
/ see no reason why claims against the
State should stand upon any different
footing-at least as to the manner of ex-
animation and adjustment-from claims
against private individuals. The State
ought always to be willing-and it is
manifestly to her interest that such
claims should be passed upon by the
ordinary process of law. In fact, the ex-
emption of the State from suit, though
generally regarded as privilege, is, in
my judgment, decidedly injurious to her
interests in many respects, especially the
right to plead the statute of limitations
AS the law now stands, claims which
would be regarded as stale if presented to
a private individual, may, and constantly
are presented over and over again to the
Legislature. At different times the Leg
islature has passed Acts authorizing indi-
viduals to sue the State. If the principle
in those Acts is good, it ought to be ex-
tended so as to apply to all cases which
may be brought within its scope.
MY attention has been called,n con-
tinues the Governor, ''to Senate Bill No.
40l and Assembly Bill No. 374, which au-
thorize suits against the State for all claims
not allowed by the Board of Examiners. 1
have carefully examined these bills, and
am of the opinion that if made the law.
the interests of all legitimate claimants
will be thereby promoted and the true in
terests of the State thoroughly guarded.
DEFICIENCIES.
at is customary to insert a clause in the
general appropriation bill whereby Off
GERS and employees ofthe State are prohib-
tied from creating deficiency in excess
of the appropriation, except in case of
actual necessity, and only then upon the
unanimous consent first obtained of the
Board of Examiners. 1t has been found
10 work most admirably and in the inter-
est of the State so far as it applies. But
there should be a general law to the same
intent. An inspection of the file shows
that Senate Bill No. 502 and. Assembly
Bill No. $50 have been introduced and are
intended to cover this point. The State
needs all the protection that such a law
affords, and I urge the passage of the
measures mentioned above.
"My attention has been called to the
fact that many bills have been introduced,
making appropriations for various pur-
poses, exempting the same from the pro-
visions of Section 672 of the Political
Code: which means that Immediately
upon the passage of these bills by the
Legislature the State Controller shall
draw his warrant for the amount therein
named, and the State Treasurer shall pay
the same, and that they shall not pass the
scrutiny of the Board of Examiners. the
same as provided by law in all other
cases. I look upon this principle as an
exceedingly vicious one, and recon-
mend to your honorable bodies that no
appropriation having this clause in the
bin should receive your sanction.
"At the last session of the Legislature
law was passed providing for the pay
ment of the sum of s. out of the State
Treasury for each coyote destroyed. No
one at that time had an idea that it would
prove such burden upon the taxpayers
of the State. The last quarterly report
of the State Controller shows that
there have been paid out dur
ing that quarter over $4,000 for
coyote scalps 1t is fair to pre-
sumo that during the next two fiscal
years the State will be called upon to
pay out over 100000. and the amount
may reach half million for this purpose.
/ recommended in my message TO your
honorable bodies that the law be re-
pealed. and Senate Bill No. n and Assem-