The record-union., 1893-01-17

remarks defending Smith against attacks
made on him were sharp.
PEOPLES PARTY HEARD FROM.
I Barlow had his say about the profuse
promises the Democrats had made before
election, but they have been just as lib
eral as anybody in shoveling out the
coin
Kahn sagely remarked that the long
discussion had cost the State more than
the salary Of Mr.. Smith would have
amounted to if he had been appointed in
the first place.
SMITH ON TOP.
The vote was finally taken on the APP
pointment Of Smith, and he was wanted
surely when 81 ayes were recorded for
his appointment against 26 nays.
The Assembly finally lunched and
wined, and in the afternoon interest was
renewed.
THE REASsESsMENT BILL.
Shanahan's bill providing for the re-
assessment Of property and the collection
OF unpaid taxes due the State and accru-
ing since 1882, which was made a special
order for o'clock, was taken up after
the report of the Committee on Attaches
and Employees was disposed OF.
AN AMENDMENT.
Anderson of Sacramento offered an
amendment to strike out ''lSS2" and in
sert ''1S69"
Mr.. Anderson disclaimed any purpose
of making an argument. The amend
ment was offered. he said, in order to OBJ
yiate an objection that could be waged
against the bill as to the statute of limita-
tions. He wanted to amend the bill so
that it would be valid. "The amend
ment," he said, ''is not proposed to pre-
vent the enforcement of any valid assess
ment, or to protect any person
or corporation. The railroad company
should be compelled to pay its taxes, and
L for one will join in any legal effort to
force the payment Of its taxes. 1t is ques-
ton settled by nearly every Supreme
Court in the United States, that the Leg
islature cannot by any enactment val
idate
AN ILLEGAL CLAIM,
Whether against an individual, or mu-
nicipal body, or public or private cor
poration. The famous case of Hoagland
VS.. the City of Sacramento is one directly
in point. In that case the Legislature
passed an Act authorizing the plaintiff to
institute suit against the city for claim
more than tour years old. When the
claim was attempted to be enforced the
statute of limitations was invoked and
the claim was considered barred. No
legislative Act can revive claim barred
by the statute of limitations.
"The bill under consideration has q
broad operation and affects all the prop
erty in this State, and affects individuals
as well as bodies corporate
Mr.. Anderson asserted that not ten
members of the Assembly knew what
the meaning and effect of this bill is, and
that vote upon it at this time would be
governed solely by impulse and not by
reason. lie for one did not relish the
idea of going upon record as voting for a
measure which he felt was absolutely in
valid.
SHANAIAN AGAIN.
After Mr.. Anderson finished his re-
marks the gentleman from Shasta took
the floor, and in a long-drawn-out
argument he said the people have
been seeking redress since 1882, and un-
til the present time nothing has beer
accomplished. He said there was some
thing like two and one-half million dol
lars held back by the railroad company
which was due the State. There is nc
reason in law or equity, he said, for the
holding back of such a large sum O
money from the people. He rallied
]
the railroads; he impunged the actions o
the courts of justice. Mr.. Shanahan sale
the effect of the amendment would be tC
strike out its vitality. AS to the legality
Of the bill, he cited court reports which
endeavored to sustain his argument.
The member from Humboldt, Afford
Dodge and Bretz also spoke against the
amendment.
In reply to Mr.. Shanahan, Mr.. Ander.
son said that he did not wish to be un.
derstood as an apologist for any wrongs
Of the railroad company, or to screen il
from the payment of it's taxes "Thf
fault" he said, "has always been with
hasty legislation, like that now before the
House, which has been the cause for the
courts overturning the laws. The courts
are not to blame, and it is undignified
and improper for the members on the
floor to impugn the courts, or attempt tC
sMIRCH THE COURTS,
Which form an Independent department
of the government. The ermine should
be kept clean, and it is wrong to attack
that great department for its interpreta.
ton OF the laws. The members whC
have cast reflections on the court have de-
parted from their duties and the privi
leges of the House."
Mr. Anderson was emphatic in his
prophecy that in case this Act should be
come a law the courts would not, in the
light of all the established authorities
sustain it.
Before vote was taken Mr.. Anderson
asked leave to withdraw his amendment
but it was objected to, and the amend
ment was lost by a unanimous vote, Mr.
: Anderson changing his vote to make i
z unanimous.
) The bill was passed to a third reading
and made special order for o'clocl
} this afternoon.
! PROCEEDINGS IN DETAIL.