The San Francisco call., 1910-09-20
EXTRA SESSION
No. 2 IS URGED
Upon GOVERNOR
Error in Proposed Constitution
Amendment Makes Such
Action Necessary
"Ihe Year Ending" Are the
Three Words Which Make
Article in Disfavor

special session Of the state legis-
lature viii probably be called to .rectify
2 clerical error or omission that rem
ders meaningless an important section
Of one Of the senate constitutional
amendments to be voted upon at the
November election.
A letter setting forth the facts in the
case was forwarded to Governor James
\. Gillett by the Merchants exchange
yesterday afternoon urging all haste
in getting the solons together again as
the time for the election is short, while
many Of the law makers are even now
p in the throes Of their campaign.
The section in which the error ap-
pears deals with the taxation of large
corporations and would mean an end
less amount of litigation were it adopt
ed in its present form. The amend
ment is an addition to article XIII of
constitutional amendment No. !, and
The omission appears in section F.
The amendment specifies how the
gross receipts Of the corporation taxed
are TO be computed and originally read:
The gross receipts and gross premi
ums herein mentioned shall be COM
puted for the year ending the 31st day
OF. December prior to the levy of such
taxes. In the amendment now to be
voted upon the words the year ending"
are omitted
The error was discovered by Attor-
ney Allen G. Wright a special con-
ference Of persons representing promi-
nent civic and business organizations
was called and the letter drawn up to
be sent TO Governor Gillett. In 1907 a
special session was called TO correct a
similar omission in the San Francisco
seswan bond act
Members of the conference said that
enemies Of the amendment would seize
npou this defect in the amendment TO
defeat its adoption if it is allowed to
60 before the people in its present
form. The letter follows:
San Francisco Sept Ie 1910
To HIS ENcellency J. y. Gillett. Governor Of
TIE State Of California. Eureka Humboldt
county. Cal-Desr Sir: The Merchants associa-
ION of San Francisco has had under consideration
Ier some time senate constitutional amendment
%. l. providing for the separation of state and
local taxation. which is 10 be voted upon at the
general election in November
After thorough consideration OF the amend
ment The board Of directors Of the association bad
cccloed 10 iDdorse the measure and recommend
It's adoption 70 its members. but in examining
the amendment for the association its attorney
Alien - Wright. discovered what appears to be
ot,ficai error IN The subdivision Of the amend
ment which specifies how the gross receipts of
Lilt If9IatlQls taxed 10 be computed
Do the amendment proposed I'm 1907 il was pro-
FideQ The gross receipts and gross premiums
hereln mentioned shall be computed for the year
eudlng tie thirty first day OF December prior 70
The levy Of such taxes" In the amendment
which Is now 10 be voted upon By the people the
words the year ending are omitted while
The attorneys who have examined the matter are
II the opinion that in all probability the court
would hold this 70 be clerical error. and that
II Is plain from the history Of the amendment
and from the context what words were omitted
and what the intention of the amendment is
slll owing 70 the Importance Of the amendment
and because there is some doubt as to the proper
construction 10 be given the amendment. and be-
---t-s--.,-. ~. suet tnis omission VIII IN all
piopaeititF be used by the opponents OF the
measure to defeat it and as the amendment
= 81 such Importance 10 the people of the
stare the Merchants association held a con
ference this day. attended by the representa-
yves OF the state federation of resltv boards
me stare tax commission. the Commonwealth
clHb. the Assessors association the stare hoard
~ equalization and the attorney general to con
siaer how to avoid the effect OF this error
After thoroughly canvassing the matter it was
ne ne gnahlt nous sentiment Of those present that
LHis error would likely imperil proper express
SION 81 the sentiment Of the people on the mer-
- cI me amendment Itself and in view of the
tacl mat the matter has been under cousiders
flon Tor SIX or seven years, and the state has
spent large sum Of money in having the matter
investigated ana Ia the preparation OF an amend
menL OF the constitution 10 be submitted 70 the
people for ratification 1t is thought thai NJ ~
Ter expenditure Of public money could be made
man in calling extra session of the legislsture
~ supply these words. so that the people might
------t AofAA-s A-tli aLleutl0n diverted bV this
error. express their sentiments directly upon the
nerlts OF THIS measure II is thought that the
e1A1else OF such session would not exceed
g -NDl. as me session need not lost more than
one DAY ana in view Of the great saving OF
money ana benefit 10 the people Of the state
"Alcn VII result from the adoption of this
amendment, we respectfully request that such
session be held 81 the earliest practicable mo
nenr niO
in 1907 a similar omission occurred with re-
sPect 10 the San Francisco seswsu bond act and
n ezra session was called TO supply a line,
which h7d been dropped out of the sct IN corr
Ing or printing. 'P'
o"ing 10 the shortness Of time before sIec
Ion llnmeolate action IS necessary and deIers
lens from our and other bodies interested viii
meet YOU At your pleasure. Please advise ms Of
I@tne @ ana place. Very truly yours
The MERCHANTS ASS0CiATToH or S.r
FRANCISCO. " S<1N
y. H. ROBBINS JR. President.
Attest' l. NJ KING. Secretary.