The herald., 1894-03-30
OF NO FORCE AND EFFECT
The Capital Removal Act Is
Imperative.
Such Is the Decision Of the
Supreme Court.
Sacramento Is and Will Remain the
State Capital.
San jose Hopss Blasted The Dscisi on
Is Final and COncurred in by the
Entire Bench-The Law
In the Case.
B the Associated Press.

B the Associated Press
SAN Francisco, March 29.-All ques-
tion regarding the removal OF the capi-
tai from Sacramento to San Jose has
been at last set at rest. The supreme
court has decided that Sacramento
shall remain the government seat of the
state of California. The opinion rem
dered today was written by Justice
Harrison with the full concurrence OF
the court
The whole question fell upon the
proposition. submitted at the last session
of the Legislature, for an amendment to
section l Of article Xxx OF ths constitu-
tion. The amendment advised the re-
moval OF the capital from Sacramento to
San jose, but imposed a number OF con-
ditions OF more or lees binding nature,
including the pay of 81 900, 900 and
the deciding OF 10 acres of land.
The action on which the great decis-
ion is given was entitled H. P.'Liver-
more vs.. E. q. Waite, secretary OF state.
The court goes on to state that the
lower court rendered judgment in favor
OF the respondent, and An appeal was
taken to the supreme court by the de-
fendant, Waite.
In reference to the manner in which
the amendment was adopted by the leg
islature, it was found by the court below
that alter the resolution had been Or
dered enrolled by the senate an ad-
journment was taken sine die, and no
action was taken py the assembly upon
the motion to reconsider the vote By
which the amendment had been adopt
ed Again, the copy voted on in the as
sembly differed from that voted on in
the senate by the omission of the words
''of this state" in section l, immediate
ly after the words ''seat of government"
Alec, the word ''laws" was substituted
for law" in the first sentence.
The character and effects. of the pro-
posed amendment are alec scfissii tas55ifs55l. 5is5li i
by the supreme court in its decision
without other consideration. 1t ia
shown that Art. XVIII of the censtitu.
ton provides two methods by which
changes may be effected in it's provis-
ions-one by a convention of delegates
chosen by the people for the express
purpose of revising the entire constitu-
tion; the other by the adoption of prop.
ositions for specific amendments pre-
viously submitted by two-thirds of the
mem bers OF each house. 1t must be un.
derstood that the legislature must sd-
here strictly to the power conferred upon
it in the way OF proposing amendments.
The opinion cor tinues:
'Under the fret OF these methods the
entire sovereignty Of the people is rep
resented in the convention. The char
acter and extent of q constitution that
may be framed by that body ia freed
frrv kak ~
contained in the constitution OF the
United States. II upon its submission
to the people it is adopted, it becomes
tho measure of authority for all depart
ments of the government, the organic
law of the state, to which every citizen
must yield an acQuieHcent obedience.
The wower of the Legislature to in.
itiate any change in the existing organic
law ia, however, of greatly less extent.
and. being delegated power, is to be
strictly construed under the limitations
under which it has been conferred. In
submitting propositions for the amend
ment of the constitution, the legislature
is not in the exercise of its Legislative
power OF OF any sovereignty of the
people that has been entrusted to it,
but ia merely scting under a limited
power conferred upon it by the people,
and which might with equal propriety
have been conferred upon either house,
or upon the governor, or upon special
commission or upon any other body or
tribunal. The extent of this power is
limited to the object for which it ia
given and is measured by the terms in
which it has been conferred, and cannot
be extended by the Legislature to any
other object or enlarged beyond these
terms.
The legislature ia not authorized to
assume the junction of constitutions.
convention and propose for adoption by
the people revision OF the entire con-
stitution under the form of an amend
ment which would by the very terms
under which it is passed be imperative
The very term constitution implies an
instrument of permanent and abiding
nature, and the provisions contained
therein for its revision indicate that the
will OF the people from the underlying
principles upon W hich it rests, as we'll
as the substantial entirety of the instru-
ment, shRll be OF like permanent and
abiding nature. On the other hand the
significance of the term amendment i'm
plies such an addition or change within
the lines Of the original instrument as
will affect an improvement or better
carry out the purposes for which it WAS
framed"
The all-important section, section OF
article Xxx of the constitution, is tnen
recited in the following words: The city
of sacramento is 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
ment shall be valid or binding unless
the came be approved and ratified By
majority Of the qualified electors OF the
state voting thereafter at general state
election, under such regulations and pro-
visions as the Legislature, by a two
thirds vote of each house, may provide,
submitting the question Of change to the
people.
1t is shown that this declaration that
the city of Sacramento is the seat OF the
state government ie part of the conBti-