Year: 1868

Pacific Railroad Company OF California, as
organized under the laws Of this State, and
to its successors and assigns, and the said
Company shall have aad enjoy the right and
privilege, pover and authority, of charging,
collecting and receiving from all passengers
and property transported over its railroad
Between Sacramento and the eastern bound
ary line Of this State, each way, rates and
prices not exceeding the following. to.wit :"
The above is that portion Of Senator Roberts
bill to reduce and fix, for all time to come
the rates Of freights and fare on the Pacific
Railroad, introduced in the Senate on Satur
day last We defy the whole history Of
wicked, corrupt, swiud|ing Legislation in Cali
fornia, or in the entire thirty six States OF
this Union, to furnish the equal Of this bill
in the magnitude Of the grant, the duration
Of the conveyance, or for the exact, positive
legal and binding force of the language used
in the deed of transfer, TO be found in the
above quotation from this proposed Infamous
bill. There is hereby granted, "to give, be-
stow, confer, transfer, convey by deed or
writing. The Legislature have granted all
the new land" Websters Unabridged.


This, it seems to us, is authority enough
to prove that the bill contains an absolute
grant, irrevocable and beyond the power of
all future Legislatures 10 disturb, repeal or
modify. But for the benefit Of those not
familiar With these grants by the Legislature,
the language usually employed and the bind
ing force of the same, as held by the Su
preme Court, Ne will give the granting
clauses of some of the State statutes, which
have been passed upon. The famous, or
rather infamous beach and water lot act of
March 26th, 1851, by which the State grant,
ed for 90 years, to the city Of San Francisco,
millions of dollars worth of property, is in
these words " The use and occupation of all
the land described in the first section Of this
act, is hereby granted" The Supreme Court
held that the grant was absolute for the
time specified. The words as hereby grant
ed," when applied to franchise to erect a
bridge, wharf, etc, has always been held to
be an absolute grant. only limited by the
time and subsequent terms Of the grant.
We could continue to quote statutes and the
decisions Of the Supreme Court page after
page showing that the. grant contained in
this abominable bill is absolute and ir, evoca
bic, without Limitation as to time, but we
feel sure that no sane man will dispute our
position.


LIMITATION OF THE GRANT.


The Beach and Water lot grant was for
ninety,nine years. The grant for the con-
structop Of the Sacramento and Yolo bridge
is for twenty years. The grant to William
Gwynn to constructive bridge at Rattesnake
is for twenty years, and most Of the wharf
grants are also for twenty years. 1t will be
observed that all these grants have a time
specified when they expire by limitation, but
this modest proposed grant of Roberts to the
Pacific Railroad, does not even specify the
number Of generations through which it is
TO run. 1t would have been some consoa
ton if the bill or grant had fixed some future
time when our children's children could
have elected a Legislature with power to
repeal or modify this transfer of our rights
and our power, for all time to come. But
mol! the grant is perpetual, and the grantee
is also made perpetual. at, its successors
and assigns" The grant terminates when
" creations mighty fabric all will be to
atoms driven" The bill permits no forfeiture
of this grant. There is no act that the com.
pany can do which will work relinquish'
ment Of the people from this monsrous and
dabolicaI vested right. We have suspected
this valiant champion Of the rights Of the
people ever since he and his colleague were
taken upon high mountain before the
Legislature convened, but, after reading his
bill, we confess that Suspicion is not the acord
Did Roberts draw this bill! We think not.
1t bears the fnger.marks Of an eminent law
prosecuted the Estell State Prison grant or
contract to a successful termination for the
lessee. The proposed reductons by the bill
are mere nothing, when we consider that
1t allows measurement instead Of weight by
which two or three chairs, table or bead
stead would be- made to pay freight upon a
ton, and an addition Of twenty five per cent
on dangerous or perishabIe property. Will
our Placer delegation vote for, squint at, or
in any way countenance this rnoustrosity Of
modern legislation? We shall see what we
shall see. One thing we feel sure Of and