The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1893-06-17

matter must be construed together, and that
general provisions must be controlled by one
33S
Now, according to the principles of these
rules, 1t results that Section l OF Article XN.
limits section ! OF Article XVIII, and the
resolution of the Legislature proposing Con-
sututonal Amendment No. 20, proposing a
change OF the seat OF government from The
city OF Sacramento to the city of san Jose, is
void and cannot become operative.
The Argument.
ARTICLE xvIu.-AMENDING AND REVISING
THE CONSTITUTION.
Section !. Any amendment or amend
ments to this Constitution may be proposed
in the senate or Assembly, ana if two-thirds
of all the members elected TO each OF Che two
houses shall vote in favor thereof, such pro-
posed amendment or amendments shall be
entered in their Journals with the ayes and
nays taken thereon; and 1t shall be the duty
OF the Legislature 10 submit such proposed
amendment or amendments to the people, in
such manner, and at such time, and after
such publication, as may be deemed expe-
dent. Should more amendments than one
b. submitted at the same election. they shall
be SO prepared ana distinguished, by numbers
or otherwise, that each be Voted ON sepa-
rately. If the people shall approve and ratify
such amendment or amendments, or any OF
them, by majority of the qualified electors
voting thereon, such amendment or amend
ments shall become part OF this Constitu-
ton.
ARTICLE Observation-Disclosures SUBJECTS.
section l. The city OF Sacramentois hereby
declared to be the seat OF government OF this
State, and shall so remain until changed by
law; but no law changing the seat OF govern
mcnt shall be valid or binding unless the same
be approved and ratified by a majority of
the qualified electors OF the State voting
therefor at a general State election, under such
regulations and provisions as the Legislature,
by a twO-thirds vote Of each house, may pro-
vide, submitting the question of change to the
people
STATE CONSTITUTIONAL AMENDMENT, NO. 20.
Submitting to the people of the State of
California an amendment To the Constitution,
amending Section 1 OF Article X Y OF the
Constitution OF the State Of California, relative
TO changing the seat OF government from the
city OF Sacramento to the city OF San jose.
Adopted March II. 1899
The Legislature OF the state of California, at
its thirtieth session, commencing on the
second day of January, A. ID. 1898, two
thirds of all the members elected to each
house OF said Legislature voting in favor
thereof, hereby proposes that Section 1 of
Article AN. miscellaneous subjectS) of the
Constitution OF the State of California be
amended so as 10 read as follows:
Section !. The city of san Jose is hereby
declared 10 be the seat OF government OF this
State and IN al so remain until changed by
law; but no law changing the seat OF govern
ment shall be valid or binding unless the
same be approved and ratified by n majority
o the qualified electors of the State voting
therefor at q general state election. under
such regulations and provisions as the Legis-
luIure, by a two-thirds vote of each house,
may provide, submitting the ques ion of
change TO the people; provided, that the state
shall receive a donation of a site OF not less
than ten acres and one million dollars before
such removal shall be had. The Governor,
- The Secretary OF State and the Attorney-tsen-
eral are hereby authorized to approve said
site, and upon the approval thereof and the
payment OF one million dollars into the Stale
Treasury, the legislature shall provide tor
the erection of the necessary building ana the
removal of the seat OF government.
The first question which necessarily pre-
sents itself upon reading the above sections
from the Constitution is this: Can the seat OF
government be changed otherwise than by
the mode specified in Section l, Article Y ";
that is to say, otherwise than by means Of a
law passed by n two-thirds vote of each house
providing Tor submitting the question Of
change to the people"
The Legislature did not pass such law,
either by a tWotnlrds vote or by ma GRITTY
vote. Ii did not even adopt a resolution
either by a twO-th1rds vote or by majority
vote, providing for submitting the question
OF change TO the people"
Must the Constitution respect itself as one
law is required 70 respect another law? Can
the clause of Section ! Article M, beginning
with the worus but no law and ending with
the words ito the people, be ignored and
treated absolutely rs If it were not part OF
the Constitutions As long as that clause
stands il must be respected, not only by the
legislature, but by the Constitution itself
1t II beconceded that Section /, Article X Y,
may be amended, the same as any other part
OF the Constitution may be amended ana the
clause referred to be, by an amendment
dropped out of the Constitution, then the Con-
stltutiOn would be as II formerly was when
the Legislature had the power TO change the
seat OF government by IL law passed as any
other law, and without submitting the ques-
ton TO the people.
But, Us before stated, Section l. Article M.
cannot he amended by simply changing the
word Sacramento 10 that of san JOSEF
except by law passed by twO-thiTd vote
submitting the question to the people, be-
cause 10 make such an amendment otherwIS
than through the agency of such law, would
l. ~ a ~ a 2
may be observed here that, under Section 1.
Article ANllI., Wnen an amendment is pro-
posed in due form, il must be submitted to
the people by law, and such law may be
passed ny the vote and in the manner re-
quired for passing laws generally, for the rea-
son that that section does not require, as Sec
tion !. Article NN. requires that the submits
sion to the people shall be by law passed by
a twO-third vote
Therefore it is that we saw that the latter
clause of section l, Article M, may be elm
mated by an amendment adopted rs amend
IuentS are generally adopted, but that the frs
clause cannot be so amended because 1t Is a
special case provided in the Constitution
Itself that any law changing the seat of gov
eminent must be submitted to the people
under law passed by a two-third voie and
TINS leads TO a rel etition of the proposition
that change OF the seat OF government can
not be effected by proceeding under. Section
of Article Nv III, Tor the reason that such
proceeding would be direct and positive VIC
iatlon OF the Constitution.
IN other words, the Constitution has, by
Section l. Article Xviii. provided the way
for amending the Constitution in any of its
parts except in the matter OF changing the
Seat of government, and, for amendment in
mat part il has provided special way
which special way is dictated by the latter
cause OF Section l, Article M, and cannot
/ q dfsregardeG as long as that clause stands,
without openly and reczlessly riding over
out. OF the plainest and best provisions OF the
Constitution.
Ii anything more than these plain words
n, the Constitution were required 10 show the
Intention OF the trainers Of that instrument
II would need only careful comparison of
the TWO sections TO demonstrate that il was
not Intended that change OF the seat OF gov
eminent could be effected under Section I,
Article XVIII
Under this section, as we have before noted,
the amendment may be submitted TO the
pecpIe by a law pissed by majority vote.
l}ut not so under Article M. Under this
section the Legislature must Tx the time,
manner and notice of the election al which
the people are TO vote upon the amendment
1t may be al a special election Tor that pur-
pose only. or it may be at a general election.
1t might well be that puDllc interest," IN I
given emergency, would require an amend
luent 10 be made without loss OF time \ as.
erection is thus given to the Legislature 10 cal