The record-union., 1893-03-27

permitted to use the booths, wherein they
would, unattended and unseen, be en-
I abled TO vote for the entire list of officers
/ If they so desired. It is generally claimed
/ by the advocates Of this measuae that it
| will be effective in its operation in every
municipality except that of the city and
county OF San Francisco; yet, according
TO the Interpretation put upon IL by the
| Superintendent of Public instruction and
| by many able and impartial jurists, in
! whose opinion concur, it will be opera
tive only in cities of less than 5000 in
habtants. In this view. the bill is clearly
unconstitutional. While l aih fully in
accord with the purpose and intent of
/ this measure, l am OF the opinion that
faulty and uncertain legislation of this
character would but serve to defeat or at
least postpone the accomplishment of the
objects sought.
ASSEMBLY BILL NO. 1913,
10 provide for the incorporation, oper-
atlou aud management OF cooperative
associations. This Act is entirely at Yari-
/ ante and inconsistent with the general
/ scope and tenor of our laws providing for
the organization and government of cor
poratlons and associations for profit, and
is, III my judgment, SO faultily and loosely
drawn III many material respects that I
am AFRAID 1t Will prove pittall and snare
to those who seek TO receive benefit from
lis operation. In many respects it would
seem TO me that it is III effect trust, and
II Is probably questionable whether the
Oil ia It's present form conforms with the
| provisions of the Constitution upon the
subject.
SENATE BILL NO. 40,
An Act directing the State Board of Har-
Dor commissioners TO construct q certain
portion OF the harbor elm nbankment or
seawall OF the port OF San Francisco. l
am advised by every member of the
Harbor Commission that the work con-
templated by this Act is entirely mex
pedlent and unnecessary at this time;
that there is OF present at the disposal OF
the Harbor Commissioners sufficient
space for all the wharfage and dockage
that will likely be required for several
years to come, and that the improvements
contemplated and necessary III other di-
rectlons Will require all the funds at the
disposal OF the commission. The law by
which the Harbor Commissioners are now
| governed clothes them with the power to
perform this work, If necessary, and
specific direction by legislative bodies,
which i'll many instances is desired for
the accomplishment of personal ends, is a
dangerous precedent to establish.
ASSEMBLY BILL NO. 81,
An Act 10 appropriate money to insti-
tutions supporting and maintaining per-
sons i'll INDECENT circumstances afflicted
with lncurable diseases. This bill when
construed with the statutes of 1888 upon
this subject, with which it must be read
is, in my judgment, inconsistent with the
provisions OF Section - of Article ". OF
the Constitution, which provides that
such aid be granted by uniform rule.
ASSEMBLY BILL NO. 80,
An Act to prevent deception in the
manufacture and sale of imitation butter,
and To nnnrnnriatl for 70 or
ment. This bill appropriates Il large sum
| OF money creating All expensive COM
mission for work which could as well or
better have been committed TO some OF
the many commissions already in exist
ence, especially that of the State Agri-
cultural Society, to which institution it
rightfully belongs.
SENATE BILL NO. 730,
Granting unto Lake County, California,
that certain body ofwater situated within
the territorial limits OF said county,
known as Clear Lake: together with that
portion of the outlet of said lake situated
within the territorial limits of said
county known as Cache Creek. This bill
undertakes to transfer To the county OF
Lake the title of the State to the large in
land body OF water known as Clear Lake.
The purposes OF the proposed cession are
not stated nor in any manner limited.
Conceding the power of the Legislature
to thus grant away the property of the
State thus held by virtue Of her SOW
ereignty, which is doubtful, | am of the
opinion that the precedent is dangerous
one to establish, especially where, as
here, there is nothing to Indicate the pur-
pose to be effected, and no protecting
limit to guard the rights of the people in
the subject-matter of the grant.
SENATE BILL NO. 1863,
To amend Code of Civil Procedure, rel
ative to transfer of causes where Judge is
disqualified. Subdivision 2 of Section
1913 as proposed to be amended, in provid-
ing that the Judge of the court shall not,
4 except by consent of the parties, desig-
nate another Judge to try the cause, is a
limit and restriction OF the power of the
Judge not warranted by the Constitution,
Section s, Article VI.
SENATE BILL NO. 553,
To amend Section l222 of the Code OF
Civil Procedure of the State of California
! in relation to judgments in cases of con-
tempt and providing for appeals there
from. This same bill was passed and
presented to Inc at the session of 1891.
After careful consideration L at that time
felt constrained to return the bill to the
| Legislature without my approval. No
reason has been suggested which would
warrant change of my views as to the
inexpediency of the passage of such a
measure and the vicious character Of the
principles involved. For the reasons
! then expressed and to be found at page
S69 of the Assembly journal of the
twenty-nlnth session, l again withhold
my approval.
SENATE BILL NO. "a,
To amend the Political Code, relating to
the payment of persons employed under
the provisions of Section 3245 of said Po-
litical Code. This bill, like the Senate
bill mentioned above, is the counterpart
of one vetoed by lne at the session OF
1891, for the reasons to be found at page
76l of the Senate journal OF the twenty
ninth session. In tie meantime my
judgment has been in no sense altered.
ASSEMBLY BILL NO. 75S.
To amend the Code of Civil Procedure,
relating to actions affecting the title TO
real estate. Assembly Bill No. 759-An
! Act adding new section to the Code OF
Civil Procedure, rotating to proceedings
affecting title to real estate, to be known
as section 80. These bills using Language
a little different from the present provis-
ions of the code upon the subject. in mo
sense or particular change the meaning OF
the law upon the statute books and are
/ therefore wholly unnecessary. Unless
there is some benefit to be gained thereby
do not believe there is any demand for
a change in Il statute that has been incor-
pOTated IN the CODE Tor years and which
has frequently been construed by the
courts.
ASSEMBLY BILL No. los.
Preventing the use of false trade de-
scrptious in the slle of goods and 10 pro-
/ vide Il punishment therefor. This bill is
so framed as 10 be wholly imperative, in
my opinion, 10 effect the purpose in
tended.
ASSEMBLY BILL NO. $40.
An Act to provide for the publication OF
legal notices. This bill, i'll my judgment.