The morning call., 1893-03-19
THE ORGANIC LAW.
Fixing the States Seat of
Government.
RELOCATION OF THE CAPITAL.
How the Question Was Handled by
the Constitutional Convention.
State Division Agitated.


The debate possesses something mors than
historical interest at this time. The con-
trOyersy spraug out of the report OF the
committee on miscellaneous subjects when
the article was submitted containing the
section bearing upon the subject of the re
moval of the capital
The committee on miscellaneous subjects
was appointed on October s. 1873. and con-
sisted of Messrs. J. L. Dean of Pacerville,
j. j. Kenny Of San Francisco. DR.. c. c.
O'Dounell of San Francisco. Z. p. Soule of
ousanvIlle; J. SehOmp of Aeampo, San
Joaquin County; D. c. Stevenson of Mill
vile. J. NJ. Kelley Of Woodland, T. j. Far
rell Of San Francisco and r. Lavigne of San
Francisco.
On the following day Mr.. Edgerton of
Sacramento introduced the following pro-
posed amendment to the constitution which
was referred to The committee on legisla-
tive department, Of which the late David
Terry was chairman:
Rescued, That the following provision be
adopted IN tie constitution:
Tie seat OF government shall be at Sacramento
until Otherwise directed by law, but no law pro-
posing change thereof shall be efectuaI for
amy purpose until IL is submitted 10 the electors
OF the sale, al general election, for approval
and Is approved by "a majority Of tWOthirds Of
all tie vO e. Cagt at such general election for or
against sucn proposed change.
On October II Mr.. Mcconnell presented
the draft of a whole constitution that he
had prepared. The section relating to the
seat OF government read as follows:
I lie seat Of government shall not be removed
from Sacramento tNcep, by operation OF
sfafuLe enacted for that purpose and ratified by
"a majority or tie votes cast at the next general
election alter the passage Of such statute.
On the same day Mr.. Martin Of Santa
Cruz introduced The following proposed
amendment, which, with the Insertion of the
word, 80 be" before ''the seat" tbe Sub,ti-
ff fnay nd al fiprai -
and the Incorporation of the words "by a
tw0-thirds vote Of each house" after the
word Legislature" is the section on the
subject as II stands In the present cons titu-
ton:
The city Of Sacramento Is hereby declared the
seat OF government OF this Slate ana shall so Ie-
main until changed by law, but no law changing
tie seat OF government shall b. valid or binding
uules, The 5 tlne be approved aud ratified by
majority OF The qualified voters OF the State
voting therefore al a general State election
under such Iegu atiOus and provisions as the
Legislature may provide submitting the question
OF change 10 the people.
On November &, Dr. O'Donnell introduced
the following proposed amendment to the
constitution TO locate permanently the
capital:
WHEREAS. lie capital Of the State OF CaIffor-
MIA was moved from son Jose by fraud and col
luslon, and lis location at Sac ameutO Is con-
traly 20 law, and against public policy ana pub
lie Interest, tO-wii: This building is located on
an alluvlal sand bans, and Is liable TO oYei flow
aud destruction by each winters flow OF the
Sacramento River; aud further tha lives OF Stale
officers members and attaches OF the Iepi.la.
lure, Tie chosen and hOnured servants OF the
people, are 10 constant jeopardy from the
extreme unhealthy climate OF Sacramento;
therefore be u
Resolved, That he committee on miscellaneous
subjects be instructed 10 insert a clause IN the
constitution leaving II 10 vote of the people, at
our next State election. where the future capital
OF this state shall he located.
Tie resolution was referred to the COM
mItte6 on m ilaneOus subjects
lr R,ar, ,r, l.
twentieth day of the session, The question
was again reached with the submission by
Nj Dean OF the report from the committee
on miscellaneous subjects of the article
containing the section as IL stands in the
constitution. The amendments to Mr.. Mar
tins section had been made by the COM
mi-tes.
On Monday, February II. the section was
debated in committee of the Whole. Three
attempts to amend it failed. The first was
made by Mr.. Wickes of Grass Valley who
proposed to strike out ali after the word
remain" SO as to fix Sacramento perma-
nenty as the seat of government, The
second amendment was offered by Mr.. Her
ringtOn OF Santa Clara, the object of which
was 10 strike OUT the words by a Two
thirds vote Of each house." and also the
provision submit ting the question Of change
TO the people. The third amendment was
proposed by Mr.. Inman of Livermore,
which was 70 strike out all after the word
law" and add tie following: Provided,
however, that two thirds OF all the members
elected 10 each house OF the Iegis AZURE
shall concur in the passage of such law"
which provision was In the old constitution.
Mr.. Cross, then delegate from Nevada
City and now OF San Francisco, seconded
Mr.. Wickes' amendment. In the Senate a
few days ago this gentleman was among
those who voted 10 remove the capital from
Sacramento to San Jose. His attitude on
that occasion he subsequently fortified by
making q strong speech in favor Of the re-
al hou nj htrf hao oil
Zens OF San Jose to the visiting legislators.
There was lively debate in the cOnsttu-
-ti0nal convention over the three PROPOSE
Ji0us presented by MessTs. Wicses. Her
IingtOu and lnman, which at one stage de-
generated into personalities and threw the
gentleman from Santa Clara into rage.
In support Of his proposition Mr.. Wickes
remarked that the question of removing the
capital should not be left to the caprice of
demagogues and politicians. I'VE were
cursed" he sa d, "by such fckleness in the
earlier history Of cur State. The State.
700, has spent great deal Of money here in
Sacramento, and has acquired a valuable
property here. On the question of economy
this should be settled In the constitution,
aud also l think 1t would be fitting tribute
20 the lndOmitabie people of Sacramento,
who pre-eminently. / will say, represent
The energy, and the enterprise, and the in-
Oustry ana the public spirit of California"
Mr.. CliIus Barbour of San Francisco
Suppose Sacramento washes away?
Mr.. Wickes-TheIe is no danger of Sac
ramentO washing away. This building
never will be washed away.
Colonel Ayers, editor of the Los Angeles
Herald, thought that two-thrd vote Of the
Legislature to submit the question was
strong enough to prevent ANYTHING like
rash action. In his judgment there was no
necessity for Mr.. Wickes' amendment
While the delegates should be conservative
some sort Of fexibility should be main
tanned.
ETr Tosanb r Rro,rn ~ Nae, Col
Tnlare County, also raised his voice in oppO-
siion. He protested that to bind the future
entirely TO Sacramento would be wrong. 1t
was sufficient TO submit the matter to
vote Of the people. The amendment pro-
posed by Mr.. Wickes. he thought. might
work future hardship and might aim ost
deprive US from having any capital at all,
because we do not know what may be the
result with regard to any city in this Stale.
We DO not know what calamities may befall
any part Uf the country. We may have war
or invasion, and we could not have any
capital anywhere else"
Mr.. Marion Biggs reminded the conven-
ton That Sacramento had a building that
was credittO the State, and one that every
citizen OF the State should be proud of.
Mr.. Henry Larkin of Diamond Springs.
FL Dorado County, objected to the PROPOSE
ton on the ground that Ii was easier to
move the capital than TO keep the Legisla-
ture in Sacramento. There have been
constant adjournments," he said, ITO allow
the members TO 20 TO San Francisco"
Blr. Wlckes' proposition to amend the sec
ton was thereupon rejected.
Mr.. Dennis w. Harrington OF Santa Clara
then submitted his proposition TO strike out
the two-thirds vote Of each house. II e as
serted that Sacramento was the bnneyard
for many Of the best represeD tatives that
the people had sent there. He said he knew
II had been SAID that be had been sighted
by some Of the distinguished and beautiful
females of the city OF Sacramento. be did
not deny that he had not met with many of
that class. He had not had time, however,
20 pay his court or addresses to the ladies'
His chief objection to Sacramento was its
unhealthy location. ut Is true" lie ADDED,
'that it is healthy for those who have be-
come acelimated. bnt nersOns coming frnm