The record-union., 1896-02-11
COUNTY GOVERNMENT ACT.
1 History Of the Last One From Its
Inception.
Its Opponents Claim That It Was Not
Passed Properly, and is Un-
constitutional

the new County Government Act, which
has kicked up such rumpus through
the State over the provision providing
that all county officers shall be elected
for four years. In compliance with the
request, he has looked up the history of
the bin from the beginning.
The opponents of the Act consider
they have several grounds of contest.
In the first place. it was a substitute
bill by the committee, and substitute
bills are not always germane to the in
tent of the original bin, and this was
not
Assemblyman Taggart of Alameda
introduced A. B. "A on January 9, 1893.
1t was intended to amend the existing
County Government Act so far as it re-
lated to Alameda County salaries alone,
the county being of the third class.
The committee bill was substituted for
that and other bills on March 9th.
They claim that it was a substitute
and should have been treated as an
original bill and read three times as
such. It was not an amendment, and
should not have been treated as such.
Furthermore, it was introduced sixty
three days after the commencement of
the session and adopted by majority
vote, and there being no roll-caH but a
viva voce vote, there is no record to
show whether it was adopted by the
requisite two-thirds, majority vote of
ali the members or a majority vote of
those present
Secondly, they claim that the sub
Etitute was not read three times in the
Assembly, as required by the Consti-
tuition, and was not read on final pas
sage after it came back with the Sen
ate amendments.
Thirdly, they claim that it is uncOn-
stitutional because it contains class
legislation, as it excludes from its op-
GRAFTON counties of the eighth class
that is, Fresno County, whose repre-
sentatives voted against it. The de-
cision of the courts has been, they say,
that the latter part of a bill governs the
first part, and therefore it is unconsti-
4utional
The facts are stated in Mr.. Browns
history of the bill, and each one can
draw conclusions for himself after read
ing them. The article of the State Con-
stitution governing the matter is also
given, in order that the matter may be
made plain.
The history of the bill is as follows:
Bill No. "A was introduced in the AS
sernby January 8, 1893, and it was to
amend Section 165 of the Act
Of 1891, and related to coun-
ties of the third class only.
March Sth the original bill, No. IA, was
1ead the first time. March 9th read the
second time, and this is the end of the
original No. "A March I'd the Commit
tee upon County and Township Govern
ment presented a general county gov
ernment bill, which was ordered print
ed March 9th, after Assembly bill No.
Il was read the second time, the COM
mittee bill, which was Introduced and
nittee bill, which was introduced and
motion. substituted for Assembly bill
No. IA and hereafter known as substi-
tute bill No. IA 1t was read for the
first time, under a second reading and
considered as read second time only.
All other county government bills and
bills amending the same to the number
of ten or more, were upon motion or
dered stricken from the file. March 9th
the substitute, No "A, was amended
several times, and also on March 10th,
and was on that day ordered engrossed
and to a third reading. On March 18th
the bill passed the Assembly by vote
of 81, after third reading. and was sent
to the Senate. 1t was reported to the
Senate on March 14th, referred to the
Committee on County Government, re-
day, and the constitutional provision
acquiring a bill to be read upon three
separate days was suspended by a vote
OF 80 1t was read and upon second
reading amended in several places and
ordered to be printed. Later IN the day
(this being the last day Of the SESSION.
the bill passed the Senate by a vote of
2S ayes.
It was sent to the Assembly for con-
Currence in the Senate amendments
The first vote in the Assembly was upon
the concurrence in six of the Senate
amendments, to which an objection had
been made. The amendments were con-
Cured in by a vote of 40 ayes to II
noes. The Assembly then concurred
in all the Senate amendments by a vote
of 46 ayes and , noes; the two members
voting no were from Fresno County.
The bill then went to the Governor
and was signed the same day.
The Legislature convened January ,,
1893, and adjourned March 14th. The
present County Government Act was
introduced as a substitute bill for an
alnendatory bill on March I'd. being the
sixty-third day of the session. The
substitute was adopted by major
stv vote without roll-call. The sub
etifute. with the Senate amendments,
was not read after returning to the As
eembly. The substitute bill was never
read the first time in the Assembly
second and third time only.
The constitutional provisions are as
follows, to wit:
ARTICLE IV.-LEGISLATIVE DE-
PARTMENT
Section 2. The sessions of the Legis-
aature shall commence at II o'clock m.
on the first Monday after the first day
OF January. next succeeding the election
OF its members, and after the election
held in the year 1880 shall be biennial,
unless the Governor shall, in the in
terim. convene the Legislature by proc
7amation. No pay shall be allowed to
members for a longer time than sixty
days, except for the first session after
the adoption of this Constitution, for
which they may be allowed pay for one
hundred days. And no bin shall be in
trodueed in either house after the ex-
piration of ninety days from the COM
Taencement Of the first session. nor after
fifty days after the commencement of
each succeeding session. without the
consent of two-thirds Of the members
thereof
Section j.. No law shall be passed ex-
rept by blll. Nor shall any bill be put