The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-02-19
FOLSOM SEWAGE PLANT

InlS Dill PROVIDES Tor the immaculate dp-
preparation of the sum of $4,000, to be
paid to the State Board of Prison Direc-
| tors, TO be expended by them at the Fol-
som State Prison in the construction s9I +h Of
sewage of the Folsom State Prison with
out polluting the waters of the American
| River.
While I am of the opinion that the
purpose for which this sum is asked is a
laudable one I disapprove of this bill for
First-The letting of the contract, the
entire work of construction and the de-
termination of the amounts of the items
State Prison Directors. without any check
whatsoever, the Board of Examiners be-
ing merely the agent of the Directors for
the approval of the bills.
Second-There is no limit to the amount
for which the Directors may contract in
the construction of such work and de-
mandS may hereafter In consequence
thereof be made upon the Legislature for
deficiency appropriations
Third-The money is appropriated i'm
| mediately out of the moneys of the gen.
eral fund for the present fiscal. year.
There is not sufficient money in the gem
| eral fund to justify this appropriation
special appropriation until January. 1900
HENRY T. GAGE.
Governor of California.
MUNICIPAL HOSPITALS.
Executive Department, State. of Cali
fornia Sacramento, February II, 1899
To the Assembly of the State Of Cali
forna: l herewith return to your hon
orable body, without my approval, As
sembly Bill No. 243, with my objections
thereto.
This bill gives power to the Common
Council or other governing body of mu-
erect and furnish, at the expense of such
corporations, a municipal hospital, and
to levy and collect an ad valorem prop
sonal, within the limits Of such municipal
corporations, the limit of such expendit-
ures being sSOo,coo. and providing for the
levying of the tax for such purpose in
the flfty-first fiscal year, and not other
wise.
It is apparent from the tenor of the
of expenditure at $500, 600 was to avoid the
effect of Section of Article XVI. of the
State Constitution, which reads as fol-
The Legislature shall not, in any man
ner, create any debt or debts, liability or.
liabilities, which shall. singly or in the
aggregate with any previous debts or LA
bilities, exceed the sum of $500, 900, except
in case of war, to repel invasion or to
suppress insurrection. unless the same
gle object or work to be distinctly speci-
fed therein, which law shall provide ways
and means exclusive OF loans for the pay
debt or liability as it falls due
and also to pay, and discharge
within twenty years of the time of the
contracting thereof, and shall be irrepeal-
able until the principal and interest there
on shall be paid and discharged; but no
such law shall take effect until, at a gem
eral election. it shall have been submitted
| to the people and shall have received a
against. it at such election; and all moneys
raised by authority of such law shall be
applied only to the specific object there
thereby created, and such law shall be
published in at least one newspaper in
EACH county; or, city and county, if one
State for three months next preceding
the election at which it is submitted to
the people. The Legislature may at any
the people, if no debt shall have been
contracted in pursuance thereof. repeal
AS the City and County of San Fran
cisco is. in the first class, it was un-
doubtedly, the design in requiring this
tax levy to be made in the fifty-frstt
It was likewise the object of this bill,
in view of the proposed large expenditure.
to escape the effect of Section IS of Ar
ticle XI of the Constitution, which reads
as follows:
Board of Education or School District
shall incur any Indebtedness or liability,
in any manner or for any purpose, ex,
seSdng in an # the sch and
without the assent of two-thirds of the
qualified electors. thereof voting at an
unless. before or at the time of mourning
such Indebtedness, provision shall be
made for the collection of an annual tax
Indebtedness as it falls due. and also pro-
vision to constitute sinking fund for
the payment of the principal thereof on
coed forty years from the time of con-
tracing the same. Any Indebtedness or
liability incurred contrary to this pro-
If these were not the objects. and if the
bill was not designed to apply to San
Section GA of Article III. of IAN Act to
provide for the organization. incorpora-
tion and. government of municipal cor
nicpal corporations of the first class al
ready have the power to establish mu-
ricipal hospital. Said subdivision reads as
"To establish and maintain, an aims
| house a city and county hospital a
| tutions of the same character as are or
may be necessary, and to Derpetuate
such institutions as may. have been here
| tofore established in such cities. or cities
| and counties, heretofore incorporated
| Again. the power Of taxation is vested
| in municipal corporations as an essential
ance. unless its exercise he in EXPRESS
terms prohibited. Security Savings Bank
| ard Trust Company VS.. Hinton, 81 Cal,
The City and County of San Francisco
| did not. by organizing Hereunder accept
| the advantages offered by the above Act
| of March 13, 1889. relating. to municipal
| corporations of the first class. to which
Classification Assembly Bill No. 24S pre-
tends to apply in general terms
| Moreover. by the provisions of an Act
entitled IAN Act authorizing the incur
ring of Indebtedness by cities, towns or
municipal corporations. Incorporated
under the laws of this State, for the con-
| struction of water works, sewers and all
necessary public improvements, or for
any purpose whatever. ard to repeal the
/ Act approved March g. 1885. entitled an
| Act to authorize municipal corporations
| of the fifth ella IS. containing more than
| 1900 and less than 10000 inhabitants. to
obtain water works also to repeal an
| Act approved March Is. 1887. entitled an
| Act authorizing the mourning Of in
! debtedness by cities. towns and municipal
generations, Incorporated under the laws
| Of this State (approved March 10. 1880,
| (includinr San Francisco to construct
| and complete anv municipal building after
/ q vote of two-thirds of the members of
the municipal council, the approval of
| the cty's executive. and a twO-thirdS
vote of the people of the city. in cases
where the cost of such construction and
/ completion IS too great to be paid out of
/ the ordinary annual income and revenue
Of the city.
But this bill itself is not. in my opin-
/ ion. a general law. inasmuch as it pro-
vides specifically the limit of the amount
! to be raised nv the city. and that such
amount shall he raised in the fiftv-ftrst
| fiscal year and is therefore unconstitu-
tional-being in contravention Of Section
| IL of Article XI. and of the. tenth suhdi-
vision of Section % Of Article W. of the
l rs<,r cfif,t;oy, Of tho Cfofo Coofjon 70 of