The record-union., 1893-03-11
THE CALIFORNIA LEGISLATURE, l.

LILY, AooAty VI pIOpeILy WlIuOuL Que pro
cess of law
! All these provisions embody principles
that are taken from the Magma Charta
memorable in its origin. They are classic
language of the law. of no uncertain
meaning, and for 500 years have engaged
The supreme attention of the English
speaking people, and are the recognized
bulwarks of the inherited and natura
rights of us all. And I say that all the
beneilcent prosperity that has blessed oul
country is due to these salutary safe
guards in favor of the inviolability o
private contract and the stability of pri
vate property, the one the implement anC
the other the reward of success in the uni
versal competition. And I say if the
amendment becomes a part of the Con
stltution it will render bankrupt all the
small roads in this State and result il
legislative spoliation as to all transporta
ton companies. They could annul the
rates in court, but to vote for this amend
ment, unconstitutional as it is, would bt
trespass on our Senatorial oaths.'
The Senator concluded his remarks by
saying the conflict between the carrier
and shipper is irrepressible and will no
down It'll the day comes when the Gov,
ernment shall own and operate the roads
All events point to ultimate Government
ownership"
sEAwELL'S PROPOSITION.
Senator Seawen said he believed il
ousting the Railroad Commission, but he
did not like the proposition contained il
| the aDpandrr1ant Ill lo of
ing rates and fares in the hands of the
Legislature. He disliked the idea of in.
cooperating in the Constitution the mass
OF unintelligible figures called the Cali
fornia Distance Tariff" as proposed by
Leeds and the Traffic Association. He
called attention to the fact that there was
! on the file proposed constitutional
amendment which was milder than the
one under discussion, or the one with
drawn. The amendment he referred tc
was Assembly Amendment No. 4, and
simply provided for the abolition of the
Railroad Commission without adding the
schedule, He therefore moved that the
one under discussion be withdrawn and
that No. be substituted for it.
| SeawelPs motion was defeated, there
being IS noes against ayes.
Then the debate was renewed, Mr.. Nc
Gowan taking the floor. His speech was.
as he said, more in the nature of an ex-
PLANTATION of how he proposed to vote.
The adoption of the amendment would
work great and irreparable injury to the
small roads in Humboldt County, and in
voting against it he knew that he was
voting for the best interests of his con-
stituents. He would vote against it re-
gardless of political demands, come veal
or come woe.
MIR. MARTIN EXPLAINS.
Senator Martin said he was going to
vote against the amendment, despite the
the fact that he was Democrat and his
party had demanded the heads of the
Railroad Commissioners While he
would vote to abolish the commission, he
would not vote for measure that would
crush the small roads and put the matter
of regulating freights and fares in the
hands of the Legislature. He remem-
bered when the Legislature used to do
this, and knew that it took up the entire
session, was never satisfactory and dis
gusted the people.
The roll was then called, and the
amendment was rejected by vote of u
ayes to 26 noes.
Several of the Senators explained their
votes. Ostrom said he voted for the
amendment because he had so pledged
himself. Carpenter voted no because the
proposition was an infamous one, uncon-
stitutional and calculated to produce a
chaotic condition in future Legislatures.
Campbell said that five small roads in his
district would have to go out of business
| If the amendment was adopted. Orr OF
Ventura said the Traffic Association and
the wholesale merchants of San Francisco
had done more injury to his section than
ever the railroad thought of doing, so he
was opposed to any and all of their meas
ures against the railroad.
At the afternoon session Assembly
Amendment No. 4-the one Seawell tried
to substitute in the forenoon for the de-
feated Senate amendment-came up for
| consideration as special order. Gesford
and Seawell spoke for it, but there was
very little more discussion. On roll call
the amendment was defeated by heavy
vote.
This was the third amendment that
was relegated to the grave, and the last OF
them.
REASSESSMENT BILL.
The Traffic Association members of the
Assembly yesterday adopted in its en-
tirety the Seawell substitute reassess-
ment bill, which the Senate refused to
pass. The bill was ordered to the printer
and to a third reading.
Mr.. Lynch desired to amend the bill so
that its provisions should not preclude
any county in the State from making any
settlement or adjustment of it's proper
ton of the taxes which may be declared
due and payable, and that the Boards OF
Supervisors of the respective counties be
authorized to make such settlements if
the people so vote.
In introducing the amendment Mr..
Lynch said he was carrying out the
wishes of his constituents. If his amend
ment was adopted San Bernardino
County will get over 500, 900; if it is not
she will get nothing. Many other couu-
ties are in the same fix. The amendment.
he concluded, is a common-sense meas
.ure.
Mr.. Shanahan said the amendment was
unconstitutional, and would have the
effect of destroying the whole bill.
Mr.. Anderson said he could see no
legal objection to it. The amendment
will allow the people to say whether they
want to have thousands of dollars in
their county treasures or nothing. He
! defied the gentleman from Shasta to Show
wherein the bill was unconstitutional.
1t was not shown that the bill was un-
constitutional, but the solid Traffic AS
scciatinr1 unta lnnclcad silly tho n,naord-