The morning call., 1894-03-30
PURELY THE PEOPLES PRIVILEGE
The Sovereign Power Rests in the
People Who Alone Can Decide
the Question.

O
be capital from Sacramento to San Jose
mas oeen at last set at rest The Supreme
Court has decided that Sacramento shall
remain the Government seat OF the State
of California.
From time to time there have been false
rumorS that the all ll-important question
had been decided. 1t was even at one time
felegraphed Sacramento, with the addi-
tlonal information that the deciding
opinion had been written by Justice Ca
ROUTE. However. II was not so, and the
opinion rendered yesterday was written by
Justice Harrison, with the full concur
renee of the court.
The whole question fell upon the propo-
siton, submitted at the last session of the
Legislature, for an amendment to section
of article Xxx of the constitution. The
amendment advised the removal of the
capital from Sacramento to San Jose, but
Imposed nu ber of conditions of more
or less bindin ma ure. including the pay
mant of S1.000000 and the deciding of ten
acres of land.
The action on which the great decision
IS given was entitled, II. ?. Livermore VS..
Il. q, Waite.
The present action was brought" says
the court. by the RESPONDENT as a tax
the defendant as Secretary of State from
certifying the said amendment to the
Clerks Of the res ective counties in the
State, and from doing the other act with
intent TO have the said amendment sub
mitted TO the electors of the State: and
from lncurring any expenses in connection
with said amendment, or with any at
tempt to secure vote thereon by the pee
pie, upon the grounds, as commended by
him. that by reason Of the failure to COM
ply with certain constitutional require
ments that the amendment was never
legally adopted. aud. also, that by the
terms of the proposition itself, it is ineffi-
clent as a n amendment to the constitution
and would be imperative il approved by
the PEOPLE,"
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 defendant
Waite.
In regard to the manner in which the
amendment was adopted by the Legisa-
ture 1t was found by the court below that
after the resolution had been ordered en-
rolled bg the Senate adjournment was
taken sine die, and no action was taken by
the Assembly upon the motion 10 recon-
slider the vote hy which the amendment
bad been adopted. Again, the copy voted
on 10 the Assembly differed from that
voted on in the Senate by the Omis sion of
the words ''Of this State" in section l, i'm
mediately after the words seat Of govern
ment" Also the word laws" was sub
stiiuted for "law" in the first sentence.
The character and effects of the pro-
posed amendment are also considered by
the Supreme Court IN its decision, without
otner consideration. Ii IS shown that
article XVIII of the constitution pro-
vides two methods by which changes NAV
be effected in It's provtsions-one by a con-
vention Of delegates chosen by the people
for the express purpose of revising the en-
tire constitution; the other by the adoption
of propositions for specific amendments
previously submitted by twO-thIrdS of the
mem bers of each house. II must be un-
derstood that the Legislature must adhere
strictly TO the power conferred upon it in
the way of proposing amendments.
"U nder the nrst Of these methods the
entire sovereignty of the people is repre-
sented in the convention. The character
and extent of constitution that may be
framed by that body is freed from any
limitations other than those confined in
the constitution Of the United States. II
uuon its submission TO the people it is
adopted IL becomes the measure of author
ity for all the departments of government,
the organic law OF the State, to which
every citizen must yield an acquiescent
obedience.
The power ofthe Legislature to initiate
any change in the existing organic law is
however, of greatly less extent, and, being
d
strued under the limitations by which
II has been conferred. In submitting propos-
itions for the amendment of the cOnstitu-
tion the Legislature is not in the exercise
OF its legislative power or of any SOW
eTeignty of the people that has been eD-
trusted to 1t, but S merely acting under a
limited power conferred upon il by the
people, and Which might with equal pro-
pTiety have been conferred upon either
house. Or upon the Governor, or upon a
special commission or any other body or
tribunal. The extent OF this power is lin
tied to the object for which it is given, and
is measured by the terms in which it has
been conferred and cannot be extended by
the Legislature tp any other object or en-
larged beyond these terms.
The Legislature is not authorized to
assume the junction OF a constitutional
convention and propose for adoption by
the people 4 revision OF the entire consitu-
tion under The form of an amendment,
which would by the very terms uDder
which it is passed be imperative. The very
term constitution implies an instrument
of a permanent and abiding nature, and
the provisions contained therein for its
revision indicate the will of the people
that the underlying principles upon which
it rests. as well as the substantial entirety
of the instrument. shall be of like per-
maDent and abiding nature. % the other
hand, the significance of the term amend
ment implies 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 l of
article Xxx Of the constitution. is then re-
cited 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 If government
shall be Valid or binding unless the same
be approved and ratified by majority of
the qualified electors of the State voliDg
thereafter at general State election.
under such regulations and provisions as
the Legislature, by two-thirds vote of
each House, may provide, submitting the
question of change 10 the people"
1t is shown that this declaration that the
CITY of sacramento is the government seat
of the State is part of he constitution,
and NAV be amended in the same manner
as any other portion Of that instrument.
The provision that it shall so remain the
government seat until changed by law is
immaterial.
By this section the constitution provides