The record-union., 1894-03-30
All the Supreme Justices Declare it
to be Illegal.
Decision for the Plaintiff in the Case Of Il.
2. Liytrmore Against Secretary
Of State Waite

All question regarding tne reuioNaA VI
the capital from Sacramento TO San Jose
has been set at rest. The Supreme Court
has decided that Sacramento shall re-
main the seat of government of the State
of California.
The opinion was rendered yesterday III
San Francisco and 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 / of Article Xxx. of the Constitu-
ton.
This amendment proposed the removal
of the capital from Sacramento to San
Jose, but imposed number of condi-
tions, of more or less binding nature, in
Guiding the payment OF one million dol
lars, and the deciding of ten acres OF land.
The action upon which the decision is
given is entitled, 81. 2. Livermore VS.. l..
q. Waite. Secretary of State.
1.-The present action was brought"
says the court, "by respondent as a tax
payer and citizen of the State, to restrain
the defendant, as Secretary OF State, from
certifying said amendment 10 the Clerks
of the respective counties i'll the State, anu
from doing other acts with the intent to
have the said amendment submitted to
the electors of the State, and from incur
ring any expenses in connection with
said amendment, or with any attempt TO
secure a vote thereon by the people, upon
the grounds, as contended by him, that
by reason OF failure to comply with cer-
Iat
amendment was never legally adopted.
and also, that by the terms of the propo-
sition itself it is inefficient as an amend
ment to the Constitution, and would be
imperative if approved by the people"
The court goes on to state that the lower
court rendered judgment in favor OF re-
spondent, and an appeal was taken to the
Supreme Court by the defendant, Waite.
The character and effects OF The pro-
posed amendment are also considered by
the Supreme Court in its decision.
II is shown that Article XVIII. of the
Constitution provides two methods by
which changes may be effected in its pro-
visions. One is by convention of dele
gates, chosen by the people for the eX
press purpose of revising the entire Con-
stitution. The other is by the adoption
of propositions for specific amendment,
previously submitted by two-thirds of
the members Of each house OF the Legis
lature.
1t must be understood that the Legis-
lature must adhere strictly to the power
conferred upon it in the way OF proposing
amendments. Under the first OF these
methods, the entire sovereignty OF the
l. tod in SN1,.
the character and extent OF the Constitu
ton that may be framed by that body is
thus freed from any limitations, other
than those contained in the Constitution
OF the United States.
II. upon its submission to the people, it
is adopted, it becomes the measure of au
thority for all departments OF the Gov
ernment; the organic law of the State. to
which every citizen must yield acqul-
escent obedience.
The power of the Legislature to initiate
any change in the existing organic law is,
however, of greatly less extent, and,
being a delegated power is to be strictly
construed under limitations under which
Il has been conferred.
In submitting the propositions for an
amendment OF The Constitution the Legis-
lature is not in the exercise of it's legisla-
tive power or OF any sovereignty OF the
people that has been intrusted to it, but
is merely acting 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 any other body or tri-
bunal.
The extent of this power is limited TO
the object Tor which il is given, and is to
be measured by the terms in which it has
been conferred. and it cannot be ax-
tended by the Legislature TO any other
object Or enlarged beyond these terms.
The Legislature is not authorized to
assume the function of a constitutional
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 il is passed be imperative.
The very term ''Constitutionr inn
plies an instrument OF permanent and
abiding nature. and the provisions con-
tanned therein Tor its revision indicate the
will of the people that the underlying
principles upon which ii rests, as we'll as
the substantial entirety vi the instru-
ment, shall De or like permanent and
abiding nature.
On the other hand, the significance of
the term amendment implies such addi-
ton or change. within The lines OF the
original instrument, as will effect im-
provement. or better carry out the pur-
poses for which it was framed.
The all-inlportant section, Section | of
Article XN. of the Constitution, is then
recited III 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 government
shall be valid or binding unless the same be
approved and ratified by a majority of the
qualified electors OF the state voting therefor
at general state election, under such regIlla-
tions and provisions as the legislature by a
two-tliirds ote of each House, may provide
submitting tEe question OF the change to the
people.
1t is shown that this declaration that
the city of sacramento is the seat OF gov
ernment OF the State is a part OF the Con-
stitution, and may be amended in the
same manner as any other portion of that
instrument. The provision that it shall
so remain the seat of government until
changed by law, is immaterial
BY tbs section OF the Constitution II Is
provided that the seat of government
may be changed in The manner therein
prescribed, but the mode of effectino
such change is not limited to the one Tins
provided. The Legislature might have
provided for changing the seat OF govern
Inent to San Jose by passing law under
the provisions of this section, but instead
of attempting this course, it has seen fit
through an amendment to the Constitu-
ton.
"The proposed amendment" says the
court as, however, ineffective in accom-
plishing the object expressed in the bill
of proposition. Article XVIII, Section
/, OF the Constitution. provides that if the
proposed amendment is ratified and ap-
proved by the people, it shall become a