Year: 1870




| SACRAMENTO, March %, 1870.


To the Senate of the State of California :
| I herewith return to your honorable body,
without my approval, Senate Bill No. 243-
An Act to empower the counties of Stanis-
iaus, Merced, Fresno, Tulare and Kern to
aid in the construction of n railroad in said
counties also. Senate Bill No. 244-An Act
to empower the city and county of San Fran
cisco and counties of Monterey and San Luis
Cbisro to aid in the construction of the South
ern Pacific Railroad, and other purposes.
both the general principles and the details
Of these measures deserve, by reason of the
magnitude Of the interests involved, more
extended discussion than is possible to give
| them at present. owing to the pressure of ur-
gen. duties. The views and opinions which
| iuspel me to withhold assent to these bills
will therefore be briefly indicated rather than
| discussed.


/ 1t has been said by one of the most emf
nent jurists Of this country that the sole legit-
innate end of law THAT is, of government)
is security to men in the free enjoyment and
Development of their capacities for happiness,
and that ''to compel men to contribute of the
laocumulations of industry to objects not with
in the legitimate sphere of legislation is a
per-ersion and abuse Of its powers-little if
anything short of legalized robbery What
is tae true province of legislation ought to be
better understood. 1t is worth while to re-
mark that in everv new and amended State
Constitution the bill of rights spreads over
large space. New and more stringent res
! tricsions are placed upon legislation" He
says further, in the same connection. "The
world is notoriously too much governed leg
isiators almost invariably aim at accomplish
ing too much. Representative demccracies,
so far from being exempt from the vice. are
from their nature peculiarly liable to it."
have made this quotation because it ex-
presses truths which, with slight modifca-
tions, are generally recognized, and their
force acknowledged. The happiest people are
the most free from governmental interfer-
ence with their persons and their property.
A certain amount of power is conceded when
men enter the social compact and organize
political communities. The right cf eminent
| domain ia an essential attribute of political
sovereignty, by virtue of which private prop
erty is taken for public use on payment of
just compensation. The right of taxation to
defray necessary governmental expenditures
is branch of the same power. Every Gov
ernment rightfully pxacts small annual per-
centage of the earnings and property of its
citizens to provide means for the exercise of
its ordinary essential functions. When, how
ever, it goes beyond taxation for necessary
objects and takes the money of its citizens for
ether purposes, it enters upon ground which
is, to say the least. dehatable, and trans
cends limits within which many of the most
enlightened jurists think its powers to be con-
fined.


Illustrations on this subject could be mul-
tipled, but it is needless for the present pur-
poses to insist upon rigid general rules which
90 beyond the case in hand.


We live under constitutional government.
and the main advantage of the system is that
il places restraints a1d limitations upon leg
islative power. Its merit is not that the ma
iority can always do exactly as they will.
This is far from being its title to superiority.
It's great value, on the contrary. consists in
affording to the minority a shield of defense
against the arbitrary action of the majority.


1t is true, that if the power of the majority
is slimited to the exercise of the ordinary func-
tions for which government is needed, there
is, of course. no danger of oppression but if
for other and different purposes it invades the
rights of property, breaks down all the barri-
ers sought to be erected for defense to the
fruits of honest industry. and destroys all the





some debt and heavy taxation, for what it
chooses to call the development of the coun-
try, the constitutional limitation fails to ac-
compiish any beneficial purpose.


To leave general propositions and to be
more explicit. 1t seems to be thought by
some that any measure to burden commu-
nifty with taxation for the direct benefit of n
railroad corporation can be sanctiied if it
goes through the process of a popular vote.
Is this so? Have men any right to cucumber
their neighbors' property for third or a
fourth part of its value, in order to build q
railroad? If one-half of the community car
in effect mortgage the property of the other
half for third or fourth of its value, with
out the consent of the owners. for some pur-
pose wholly foreign to the ordinary functions
of government. it is clear that property is
held by much moro frail tenure than we
have been in the habit of supposing.


| The Constitution prohibits the contracting
of any State debt except in certain way, by
law containing specified requisites. submit
ted to vote OF, the people of the whole State.
This might possibly be abused, but is much
less liable to abuse than in the case of coun-
ties, because the voters would be more diff
cult to influence. and frauds more difficult to
practice in the former case than in the latter.


The people of this State have declared with
emphasis against any loan of State credit.
aud against donating State funds to railroad
corporations. The present State officers were
elected, in 1867, upon platform which de-
clared " that in view of the enormous weight
OF State and national taxation. it is impera-
tive.y necessary to prevent any increase of
the State debt. and to reduce our State and
county expenses to the lowest standard COM
patible with good government"


Both parties united last Fall in opposition
to the policy of State aid to Railroads. One
party resolved that it was .'opposed to the
policy of lending the credit of the State and
squandering the State property upon railway
or other corporations, to the detriment of the
public interests end the overwhelming in
crease of the State debt and taxation" The
other party resolved that it was opposed ito
grants of State aid to railroads, and in favor
of limiting taxation to the amount of reve-
nues absolutely requisite to pay the actual ex-
penses of the State Government and to main
tain the financial credit of the State"


These declarations were in my judgment.


l.