The record-union., 1893-06-10

y
Constitution, any section may be amended by
SUBMISSION OF the question 10 the people in
the manner therein provided, unless upon
particular subjects, special rules or otherwise
provided by some other and more specific
provisions making exceptions to the general
rule
1t may be conceded that, under said pro
Vision OF the Constitution. ii would be cOInpe-
tent for the Legislature to propose, and for the
people to ratlty, an amendment to Section /
OF Article AA., IN such manner as TO make II
provide different method than that which
must now be adopted of changing the seat of
government. Indeed, that section might be
amended so as TO place it within the pow, OF
the legislature alone, by a simple enactment
passed by majority OF that body, to change
the seat of government of the State, and, un-
der this general power OF amendment, the
Legislature might propose, and the people
hllehI ratify, an amendment which would ut
terly destroy ana abrogate Section l of Ar
ucIe AZ; but ii such were done, sacramento
would still, in fact, remain the Capital OF the
state. If the Constitution were so amended
as To place IL within the power of the Leglsla-
ture to change the seat of government OF the
state by simple enactment, no change could
De actually made until the requisite statute
was passed. SGch an amendment OF Section
OF Article Xxx. would simply result in alter
ing the mode to be adopted in making the
cnAn9e OF the seat OF government, but II
would not remove the seat of government.
In other words, while the law liking the seat
OF government and providing for its change
may be amended, the change cannot be ac-
complished, so long rs the law remains una
mended, without pursuing the provisions of
the Constitution as they now exist
1t viii be seen, by a consideration OF the
provisions of Section 1 of Article NX. that
the city OF Sacramento has been made the
seat OF government OF this state by cOnstitu-
uonal provision, and, if Section | of Article
XIV III. were not modified, in any manner, by
any other special or subsequent provision,
then the power OF mOval, under the section
ABOVE quoted, by the proposal of Constitu-
uonal amendment, In the manner attempted
at the recent session OF the Legislature, would
be beyond question. The convention, how
ever, which framed the Constitution OF the
state. recognizing the paramount importance
to the people, from an economical standpoint
at least, Of permauency in the seat of gov
eminent, eI industrial, provided, by special
provision, the manner in which The seat of
government might be disturbed or removed.
II 1t had been the intention of the trainers or
the Constitution to permit the s. at of govern
ment to be removed by the simple proposal
and submission OF a constitutional amend
ment, there would have been no reason, which
can suggest itself to any mind, why any
other, or special, method should have been
provided upon that subject. The power Of
the people, In the adoption of their Consttu-
ton, to except particular subjects from gen
eral rules, Will not be denied; and when, in
the exercise OF their sovereign power, the peo-
pie DO thus except particular subjects from
general rules, there can be no reason for assert
ing that such subjects, in their regulation,
shall not be controlled by such specific rene
dies.
Section I of Article Xxx. of the Constitution
clearly excerpts the question OF removal of the
seat OF government from the general rule pro-
viding for amendments of the Constitution.
1t provides:
THE city of Sacramento is hereby declared
TO be the seat of government of this State, and
snail so remain until changed by law; but no
law changing the seat OF government shall be
valid or binding unless the same be approved
and ratified by majority of the qualified
electors OF the State voting therefor at gen
eral State election, under such regulations and
provisions as the Legislature. by a two-thirds
vote OF each house, may pro lde- submitting
the question OF change to the people"
1t will thus be seen that the convention
which framed the Constitution anticipated
the necessity of establishing the seat OF gov
eminent Unconstitutional provision, and, by
this means, OF placing the question OF removal
beyond the caprice of majority of the Legis-
lature. The very fact that the Constitution fixes
the seat of government iS Of itself irrespective
of those considerations Of public policy
which at once suggest themselves to every
mind, sufficient to show the importance
which the question OF possible removal
assumed IN the minds OF the convention
that adopted, and OF the people who ratified
that instrument. The trainers of the Consti-
tuition were not content, however, when they
mad simply fixed and established the seat of
government. If they had been, then, I'M
doubleday. this provision would have been
the subject OF amendment in the same man
ner as Is provided for the amendment OF the
Constitution upon general subjects. After es-
tablishing the seat OF government at Sacra-
mento, the convention proceeded, by special
tain terms, the manner in which removal
might be mad; and it provided as the first
limitation upon the power of removal, that
the seat of government at Sacramento shall
so remain until changed by law" 1t requires
no argument to establish the meaning OF this
limitation for the Constitution itself wisely
defines what shall constitute law within the
meaning OF its provisions a concurrent
resolution, cor a proposal, while either may
be sufficient as the initial steps toward sub
hitting an amendment upon general subjects
tn % il a la 1l "a of Eaa
term. 1t is true that an amendment of the
Constitution, when it has been ratified by the
people, becomes law; 1t becomes a part of
the fundamental law OF the State; but a reSO-
luton is merely means by which an amend
ment may be proposed for submission TO the
people, and is in no respect a law within the
meaning OF any OF the provisions of the Con
stitutiOn.
Section 10 of Article " of the Constitu-
ton reads:
mo law shall be passed except by bill. nor
shall any bill be put upon its final passage
until the same, with the amendments thereto
shall have been printed Tor the use OF the
members; nor shall any bill become a law I'M
less the same shall be read on three several
days in each house, unless, in case of urgency
two-thirds of the house where such bill may
be pending, shall by vote of yeas and nays,
dispense with the provision"
Section of the same article provides:
Every bin which may have passed the
Legislature shall, before II becomes law, be
presented to the Governor. II he approves IT,
he shall sign it; but if not, he shall re-
turn it, with his objections, to the
house in which it originated, which shall
enter such objections upon the Journal and
shall proceed to reconsider it. II, after such
reconsideration, IL again pass both houses, by
yeas and nays, two thirds of the members
elected voting therefor, il shall become a law
Notwithstanding the Governors objection
\ law, therefore. which may operate to
change the Capital, II, after its passage il re-
ceive the approval of majority of the quail
ned electors OF the state, Is one which re-
qulres for its passage the time for elaboration
necessary in all cases, except cases of urgency
in which bills are introduced in the Leglsla-
ture; and it must not only receive the votes
OF a sufficient majority OF the Legislature, but.
acting upon the importance of the subject OF
the legislation the trainers of the Constitution
have required, also, that 1t shall be presented
to the Governor for his approval or rejection
Such a law requires the concurrent action of
the legislative and executive departments of
the state. It can make no difference that the
particular bill, or proposed amendment, may
have passed the Legislature by a two-thirds
vote; for il must be conceded to be true that a
bill, passed by the LEGISLATURE whatever NAV
be the majority of votes which il NAV re-
ceiNe, can never become law until il has
been presented to the Chief Executive for his
approval or rejection. in order that if he dis
approve the same, he may point out the OBJ
jecuons, and thus give the Legislature his
counsel ana advice upon the subject. Why il
may be asked, was this precaution against
hasty legislation upon this subject required
by the fundamental law? The answer Is self
evident. Tue contention of interested people
Tor the establishment Of the seat OF govern
ment in their respective localities; the per
sonal. private and public interests in volved
in such controversy; the mportancC, to the
State, OF the permanency of its seat of govern
ment, and tine questions of public economy
necessarily arising in such issue all con
cur in suggesting the wisdom of requiring the
greatest deli beration before such "a change
should be made. These considerations ana
Others induced the trainers of the Constitution
TO provide that there should be no Change of
the seat Of government. unless that change
was made by law
1t may be suggested, however, that the
amendment which the Legislature has pro-
posed for submission to the people. when il
shall have rpCpi we'd the onprnNal and rat5+iaa