The record-union., 1893-03-10
THE CALIFORNIA LEGISLATURE,

they are unconstitutional, and if enacted
as laws will simply bring about more
litigation between the railroad company
and the people. and additional delay in
the payment of the money which is justly
due and should be paid to the State.
Both the substitute and the amend
ments provide for the payment by the
railroad company of their taxes for the
years in question at the rates established
in those years, and the gentleman from
Los Angeles tells US this is the only con-
stitutional method of getting at the mat
ter. Now, while I have the greatest re-
spect for the opinion of my learned
friend, l am compelled to differ with him
on this occasion; in fact, the very reason
advanced by him as an argument in
favor of the constitutionality of his meas
ure is the same one that advance in
PROOF OF ITS UNCoNSTITUTIoNALIT
How, l should like to know, will the
rate be arrived at? Section 37l3 of the
Political Code fixes the rate of taxation,
or rather the amount of money required,
| upon which the rate is fixed, and this sec
ton is repealed every two years and a
new one enacted to meet the require
ments of the State. Now, the effect of a
repeating statute is to oblterate the
statute repealed as completely from the
records of the State as ii it had never
passed and it must be considered as a law
that never existed, and, therefore, the
statute establishing the rates for the years
in question having been repealed, the use
of such rates at this time would not only
| lao oplNf H., IA
that uniformity which the Constitu-
ton makes one of the requisites of tax
alton.
Again, it is a fact which we all know
or all should know to enable us TO prop
erly legislate upon this important sub
Ject, that for the years lSS0-Sl-S2-S3 and
1881 suits were brought against the rail
road company to recover taxes for those
years alleged to be due, and prosecuted
by the Attorney-Gen eneral in the United
States Circuit Court, in all of which
suits the court rendered judgment in
favor of the railroad company"
Mr.. Miller did not consider the Senate
substitute of Mr.. Carpenter a compromise
measure, but one providing an equitable
basis on which the railroad could pay its
taxes.
THE LEADER OF THE HOUSE SPEAKS.
Mr. Mathews of Tehama was the next
speaker. lie makes no attempt at ora
tory, but he never rises to speak without
saying something, and he never fails to
convince his hearers of his thorough
earnestness and sincerity. His remarks
are always direct and to the point, and
he was never more forcible than on this
occasion. He has the courage of his con-
victions, and when he believes he is right
no popular clamor or unreasonable pref
udice can sway him. He is so thor
oughly Independent and conscientious in
all that he does and says that he not in
frequently incurs temporary public dis
favor by full, free and candid express
sion of opinion, where other men, hold
ing the same views, but having more
discretion and less sincerity, either sur
render their own judgment or remain
silent. Because he has the courage of
his convictions, men who are here to-day
playing the part of demagogues, but who
will not be heard of again when the Leg
islature adjourns, court notoriety by call
ing him railroad man. He is now serv-
ing his fifth term and there is no man in
either branch of the Legislature who
possesses in a greater degree the conf
dence of his constituency or whose integ-
rity is more generally conceded, Even
those who seek to disparage his influ-
ence by designating him as the leader of
the so-called railroad ring of the Demo-
cratic party admit that his honor is never
questioned.
Mr.. Mathews began by remarking that
the situation would be laughable if it
were not so serious. After ridiculing the
Judiciary Committee by some humorous
illusions to the attempts of its members
to discover some frivolous method of
amending the substitute so as to afford
themselves pretext for doing what their
better judgment dictated to them as the
only proper course to pursue, he con-
tinued:
NOT RESPONSIBLE FOR THE SITUATION.
1.-THE Assembly will justify me in say
ing that l am not responsible for the
situation. You all remember that in
sisted on immediate consideration when
the substitute first came up for dis
cussion. But every member of the Judi
ferred TO that body, and it was so re-
terred, with the promise that when it
came back a new light would be shed
upon it that would enable members to
solve the whole problem. 1 am informed
that the committee labored all night and at
9o'clock next morning was delivered of an
amendment, which, it was confidently
asserted, would cure all the defects in the
Senate substitute. Now we have pre-
sented to us the remarkable spectacle of
an attempt by the committee to discredit
its own work, to abandon its, own
bantling and set up in its place child OF
doubtful parentage. Members have made
labored efforts to justify their own incon-
sstency. How well they have succeeded
1 leave to the judgment OF the public.
Much has been said here about compro-
misses. The word has been banded
about as though it implied dishonesty. 1t
is not surprising that the many very
Young members of this Assem- bly, are un-
duly influenced by the flippant manner
in which the term has been used. The
axiom of old men for counsel and young
men for action seems to have been disre-
garded when the people chose their repre-
sentatives at the last election.
THE YOUNG MEN INSTRUCTED.
"When these young men have grown
older and acquired more experience they
will perhaps have learned that compro-
mise measure may involve a patriotic
principle in the highest sense and broad
est acceptation of the term. Let me tell
them that many of the most important
questions that have influenced the desti-