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The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, August 12, 1898, Image 8

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Persistent link: https://chroniclingamerica.loc.gov/lccn/sn85042461/1898-08-12/ed-1/seq-8/

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WATER CONTRACT
ALL SORTS OF CLAIMS MADE
FOR THE DOCUMENT
CITY SCORES POINTS
ATTORNEY SCOTT MAKE* A
STRONG ARGUMENT
LEE ARGUES RECEIVERSHIP
Senator White Sticks to the Text,
Claiming That Pay Must Precede
Possession of Flanf
Attorneys Lee and Scott both made
strong arguments on behalf of the city yes
terday in the various issues pending before
the superior court and commonly known
as the water injune-tion msrs.
The city denies that It hud any Intention
Of taking possession of the- Crystal Springs
Land and Water company's plant except
ing the pipe line to Bellevue reservoir,
and claims that no one has actual physical
possession of that. The city's position as
regards the contract is that it is a lease
pure and simple excepting as to the fran
chises. Senator White claims therefore
that If It is not a lease! in that particular
it Is a grant, and if It is a grant tn one par
ticular, "might It not he In another?"
The city contends that payment for the
plant cannot be made until Its value is de
termined, and that the city Is ably respon
sible, both legally and morally, to pay the
•ward when It Is announced. Counsel for
th* company treat this as an absurdity
,and claim that the city is ln default, not
even having the money to pay and that she
cannot demand possession of the property
until the money Is ready.
As to the receivership, tho argument on
this point has resolved Itself Into a presen
tation of legal authorities which both sides
seem to regard as in their favor.
Senator White formally announced dur
ing the day that the Los Angeles City Wa
ter company has arranged for a continu
snce of Its corporate existence, the applica
tion now being on file with the secretary of
State. It is not probable that this will
Ijave any bearing on the case, however.
The argument will be completed and the
ease submitted today and It is not likely
that any decision will be reached by tha
court for several days unless It he on one
or two single points at issue.
ARGUMENT CONTINUES
Short Addresses and the Wind Up
Comes Today
Attorneys Lee and Scott both made ad
dresses yesterday and Senator White was
at It long enough to get warmed up well,
but adjournment prevented the comple
tion of his very entertaining arguments,
and he will continue this morning.
Extracts from all of the arguments are
appended.
"Our answer rightly denies that the city
ever intended to take possession of any
of the Crystal Springs Land and Water
company's property excepting the pipe
line to Bellevue reservoir."
Senator White, of the company's counsel,
Interrupted Mr. Scott with the query,
"Did you not Intend, at the time c.
suit was filed, to take possession o.' all this
Crystal Springs property?"
"No, sir, we had not definitely deter
mined to do any particular thing. The city
must act through Its council, and council
never elected to adopt any definite pro
cedure. Our position Is that your injunc
tion prayed for relief from what had not
yet been decided to be done."
The court here asked. "If I understand
you rightly, you contend that though in
dividual members of the city council may
have outlined a plan of action, the coun
cil as a body had never conic- to a de
cision?"
"Yes, your honor," replied Mr. Scott,
"and in addition to that, our answer de
nies that there wns any such intention as
alleged by counsel."
"Here is a private corporation not bound
to do a single thing toward furnishing wa
ter to the city since the expiration of the
contract, while the city, If it hud posses
sion of the plant, would be so bound as a
public function. It certainly would be
harmful to restrain us from taking pos
session of our own. Here is a contract
that does not say that the money Khali be
paid at a certain time, but only If the par
ties shall fail to arrive at an agreement,
and when the arbitrators provided for
shall decide on the value of th.< property.
The Bellevue reservoir pipe line is not in
possession of any one. The only posses
sion had Is In allowing the water to tlow
through It. The city, ln taking posses
sion of It, could not do so In an actual physi
cal sense. It lies under the ground and
cannot be taken Into possession any more
than all the pipe lines of the clly; no one
has actual physical possession of them."
Contract Is a Lease
"We come now to the lease. Counsel
has a great time in placing a construction
on that document, and. apparently aims to
apply to It the language of old time Jurists,
terming It a sort of a nondescript. This
document has been eminently satisfactory
to the company, however, during the time
they have collected millions of dollars in
water rates under it for water which ad
mittedly belong"* to the city. They were
operating, confessedly and admittedly,
property belonging to the city. The con
tract was taken from Griffith. Beaudry and
Lnzard with perfect satisfaction to all
pnrtles. Just previous to that time there
was an attempt to get another contract
which provided for a fifty-year lease with
privilege of renewal, and It passed the
council, but was vetoed by the mayor, on
the ground that It was a sale. Then the
present contract was passed and accepted.
There Is In It no obligation for renewal,
no charge to be made when it Is delivered
back to the city, and It was to be delivered
absolutely free from debts Immediately on
the expiration of 'the contract. The old
contract, which passed from Sansevain
to Griffith, Beaudry and Lazard, had In It
all the elements of a lease—lessor, lessee,
rental, demise, etc., and the new contract
was drawn with fhe old one before the
parties—ln their mind's eye, us It were.
The company and its attorneys have them
selves time and time again, acknowledged
the contract to be a lease. We find here
a clause providing that the company Is tc
pay $1500 a year annually for the use of
the plant. What is this If not a rental?
Technical terms are not necessary; we
must put our own construction upon the
language used. When that rental was
subsequently reduced from $1500 to $400
per annum, the parties themselves called It
a rent."
"We rind, too, that within two months
after the contract was entered into, the
company made a formal protest against
another water company's being granted
the privilege of operating in the city; the
ground for that protest was that the water
plant and property belonged to the city
and not to the company. At that time
they were not studying how to violate the
obligations of the contract or how to hold
onto that to which they Bad no right
They felt satisfied with the prospect of
thirty years' possession. At an'jim r lime
In a suit for taxes, the company absolute
ly denied that they were the owners of
the property, setting themselves forth as
mere agents of the Btty. Tha company
was ln a peculiar position in this contract.
They did have an interest In ths property.
The city must pay them for ail Improve
ments, and in this instance 'Improvements'
means everything, for there Is not a rar
tlcle of the original water works ln ex
istence. But that is a natural conse
quence.
That Tax Question
"The company is undoubtedly entitled to
full and entire pay for these improve
ments, and they are naturally to be taxed
for the property, not only from July 1
to July 22 of this yea", but from about
March 1, when the assessment was made.
If a man holds a mortgaged property, even
though the property passes out of his
possession on July I, and he becomes re
sponsible for the taxes on June 30. he must
pay the full year's tax. tf the company
was not satisfieil with the assessment, it
was competent for thorn to appear before
the board of equalization and demand their
rights; not getting them there, they could
appeal to the courts.
"The contract provides that the com
pany shall not use water for irilgution
purposes, and in a suit some years ago to
compel the city to pay for water used
in sprinkling the streets, Ihe courts held
that the company had no right to sell
water for such a purpose and that the
city had a perfect right to take water from
the company's pipes Wherever it was
found."
Bight of Possession
"The contract provides that the com
pany shall be paid for all improvements at
the expiration of contract and the prop
erty shall be turned over to the city. What
does this mean? Why, at The last mo
ment, and that Is the time al which the
city was entitled to possession. Suppos
ing the property had all been destroyed on
July 23. Who wouid have been the loser?
Why, the city ot I.os Angeles.
"In the contract of 18US there Is a clause
that says the company shall have the use
of any city land on which to erect water
works improvements. Only the use If It.
as In the instance of Bellevue reservoir.
It was originally contemplated that the
works and its additions should all be built
on city lands, but the growth of the city
has forced the purchase of locations from
private parties, and in making these pur
chases the company merely acted as agent
for the city and such property is held by
them in trust. The city might have to re
sort to a suit in court to secure the prop
erty, but it would be entitled to It just
the snme. "When the company built any of
the works on city lar.d It acknowledged
that only easement was expected.
"In two cases in the supreme court the
city has been decided to have a superior
right in the waters of the I.os Angeles
river, that it can control not only the
water Inside but also outside of the city by
right ot Mexican grants. Counsel's posi
tion Is a peculiar one. They claim they
can go on using the water of the river with
out having paid for it. Such a proposition,
I do not think, requires or merits much
answer. It Is claimed ln behalf of the
company that the addition of a hydrant
would have prevented the city from resum
ing possession of the property. The com
pany is not vested with a right of posses
sion after the contract has expired any
more by 300 miles of new pipe than had
there only been one mile added. Th.-
Sansevain contract in force previous to the
contract with Griffith. Beaudry and Lnz
ard, provided for absolute delivery with
out compensation for the Improvements;
but the contract of 1868 did not have such
a provision because the parties to it would
not agree to such v condition. It was not
a condition precedent, however, to the
delivery of the plant when tho contract ex
pired.
"A valid contract cannot be impaired hy
subsequent legislation, and because, an act
of the legislature has since declared that a
city must not incur indebtedness beyond
one year's revenues, the city is not released
from its obligations under a contract. If
hy caprice or otht-rwis: the voters should
fall or refuse to vol.? bonds, the company
can enter the Qu< rt» and hy force of man
damus require the city to pay. The city
of Los Angeles cannot violate a contract
any more than an individual, and Is re
sponsible until the statute of limitations
becomes a bar.
"Without a lien, the company cannot
hold possession ot tho property, und there
certainly is no lien. There Is eve r, nothing
which gives the company a right to use
the streets since the expiration of the con
tract.
"In the very next month after the con
tract was made a corporatlor. waj formed
for the purpose of carrying out the con
tract, and the life of that corporation was
to be thirty years. This is a significant
fact as to the intention of the company
with refereno to retaining possession.
The contract states that the Improvements
to be paid for by the city were those made
during the, thirty years. It Is therefore
evident that the city was to assume the
responsibility of management and control
Immediately on the expiration of the con
tract. The ordinance authorizing the ex
ecution of the contract on behalf of the
city is entitled 'nn ordinance providing for
the care and maintenance of : he city water
works;' the rental was to be paid for thirty
years only; the company was given the
right! to collect rates for thirty years only.
In short, nil rights which were not imme
diately necessary to the operation of the
plant were vested in the city, and when
further rights were recpilred or desired
special action by council was necessary.
"Payment could not be made because
the value has not yet been determined. The
company cannot allege that there is not a
disagreement as to tile value because the
appointment of the arbitrators is evidence
that there is. As a matter of fact, there Is
$1,000.000 between them.
That Pipe Line
"Another branch of the controversy
concerns a part of the Bellevue reservoir
pipe line. When the I.os Angeles City-
Water company assume-d the contract of
Griffith, Beaudry and Lnzard. they Stepped
into the shoes of those parties and became
responsible.for the performance of the con
tract. In ISM they proceeded to organize
what we are pleased to term an auxiliary
corporation, with all the stockholders of
the Los Angeles City Water company.
There was no crying need for such an ad
ditional organisation, but it was organized
and was made an Instrument by the Los
Angeles City Water company ln the car
rying out of the contract with the city.
Certain propi rtles were then transferred
by the Los Angeles company to the new
organization, and the latter proceeded to !
construct a water works. A pipe \\ne was ,
constructed from the source of water sup- :
ply. and the Crystal Springs Is alleged to
have constructed It as far as the city lim
its. Then there came a wonderful change.
All the Crystal Springs company's Inter
est ceased there, and the Los Angeles City-
Water company completed the line. What
was the consequence? Two corporations
proceeded to supply tha city with waiter.
They had the same stockholders and the
same officers.
"The time for the contract to expire drew
near, and when the Los Angeles company
wis approached about It they very cun
ningly say 'Oh, yes, we will be ready to
turn the property over, but you know there
Is anmner corporation whose property will
have to be bought at whatever price they
may ask for It. Conferences for discuss
ing the situation were held, and the city
nnally determined to try and gert along
without ihe Crystal Springs property. In
vestigation, however, showed that this
could not be done without the short piece
of pipe running to Bellevue reservoir. But
we are refused possession of it. It will do
the company no good, but this piece of ar
bitrary obstinacy is a part of their corpo
ration jugglery scheme. No court of equi
ty will permit such a thing, wherein not
even a cloak Is used to conceal the bare
faceil proposition. It reminds one of an
ostrich which conceals its he-ad in the-, sand
and thinks its whole body :r hidden."
The Receivership
The receivership w as Attorney Lee's ex
clusive subject for treatment in the city's
In-half, and his address was largely de
voted to a submission of authorities and
quoting from them.
"Without yielding our demand that we
have a right to possession of the property
we claim, the city has asked for the ap
pointment of a receivef. In the heat of ar
gument yesterday, for It was hot in morn
ways than one, counsel claimed that equity
will not appoint a receiver for eorpoiations ■
His statement gave as the rulo what >»
probably the exception* Corporations are
just as much subject to the- equity arm of ;
the law as individuals, and I do not think ,
that even the Los Angeles City Water com
pany is exempt from the operations of the
equity arm of the court.
"In actions to force specific pr'efermsncs
of contraots and to obtain possession of ,
property, receivers of corporations are
often appointed."
Mr. Lee here presented a long list of .
authorities in support of these statements (
and completed his argument with a short
comment on tach of the cases as he sub
mitted them. ,
Senator White Talks
St-nator Stephen M. White, on behalf of (
the city, followed Attorney Lee.
"It would seem thai counsel think we ,
have something, or they certainly would ,
not be so desirous of possessing themselves
of it. They state that we were dissattstled ,
with the first contract and therefore would |
not accept It. This is true und it would t
seem unreasonable that we should be em
barrassed by the Introduction of an an
terior document ln an attempt to place a
certain construction on the one now under ,
consideration. Counsel says the present ,
contract is a lease and in the same breath
says it is not a lease. They concede that
it is not a lease as regards its operation (
as to the franchise. If it is not a lease ln |
this respect, then it is a grunt, nnd if it is |
a grant in this particular, may we not ex- ,
amine It and see how far It Is a lease?
"The Los Angeles City Water company '■
has spent Its money for years and years ln ,
the upbuilding of the present water sys
tem. Its lines were extended for miles nnd
miles into territory where nn human being
has ever resided. Whose property was all
this new property? Did the company lease ■
it? No. The city could not grant a lease on ,
that which It never owned. The fact that
the company continued and expecs to con- ,
llnue very naturally make.? It more odious ,
to those who did not desire it to continue.
It is no crime that the company took this
property and these profits, he they big or
little, nor is it a matter of envy for us at ,
the bar because we did not have the sense
to foresee the opportunity and excellent in
vestment. The city grew and the com
pany bulldsd up a plant and business which
no one ever dreamed would be necessary.
We are not here, therefore, as criminals,
but because we have been fortunate.
"It was supposed by those who were
parties to this contract that the company
would build v new system. They knew the 1
old one was not ade-quate. The conditions
which called for the contract extst today. !
The city had no means of distributing
water then, and It has none today. Other
franchises were granted. There was Mr.
Record's company, Mr. Beaudry's com- 1
pany and the East Side Water company. 1
The latter had full power to dig up all the
Streets of the city had they wished. Where
Is their property today ? It is a part of the
Los Angeles City Water company's prop
erty.
"Again to the contract. The word lease
occurs In the document only two times,
and the parties to it certainly understood
it to be something more than a lease. The
word contract appears a number of times.
The situation was a peculiar one, and such
a docu nent was drawn to meet it. Did the
city lease the pipes laid by the company
last year? Who laid those pipes? Did
the city pay for them? No, and every dol
lar of their cost Is now owing and due
from the city of Los Angeles. The con
tract Is a direct promise to pay, and the (
city Is ln default because she failed to pay
on the day shfj herself designateel—the
day on which the contract expired. And
yet she comes into this court and boldly
insists that she shall have possession of
that for which she is indebted.
"Here Is a pleading which sets forth that
Ihe city will vote bonds. This is a vision
ary promise on the part of rhe city's coun
sel offered in lieu of payment for the
property they seek to acquire. How docs
counsel know that the people will vote to
pay? Supposing the award should he a
larger sum than the people thought just
and right. The court knows they then
would not vote to pay. No rational man
ever thought of making such a contract as
counsel would have us believe this Is. The
property of the city of Los Angeles is said
to be worth 161,000,000, But how are we to
reach It? Counsel has said the federal
courts will give us relief. But I submit, Is
there anybody that would surrender a
promise to pay ln lieu of a promise from
counsel that there will be a favorable re
sult In an election that might be held.
"Now, It Is claimed that this contract
does not mean that payment shall precede
possession by the city. Can It be pre
sumed that the company Is to put the earn
ings of thirty years In this plant and then
wait for somebody to vote them payment?
If the city cannot have possession, she
wants a receiver, wants to take the plant
and pipes and make money from them
without paying or offering to pay even that
which It Is conceded Is owing. The city
even has not the money to pay. If there
were such a thing as dishonesty in a mu
nicipality, we should not hesitate to say
that there are many people who are more
honest than Is the city of Los Angeles.
Property cannot be taken for public use
without the payment of money."
Court adjourned until this morning at 10
o'clock.
LOS ANGELES HERALDi FRIDAY MORNING. AUGUST 12, 1898
Dialogues of the Day
U. P-TT-N—"lt unfortunately is true
that I can control only seven votes In my
own precinct; but then that Is no criterion
ot the respect ln which 1 am held by the
Democratic party. The list of offices I
have honored during the past few years
and the Important position for which I took
a house in Man Francisco several months
ago give a much better idea."
M. W. C-NK-I-G—"Very true, and al
though these fellows think we are rooted,
horse and foot, I am going to Sacramento
next week. The reputation of such men as
T. B-ld-r-a-n, the tldus Actfates of Poker
Davis, has been vindicated. There are a
few of us left, a.nd we shall travel on our
own line next Sunday."
o o o
J. N-OS-'N PH-LL-PFS—"You talk
about a hot tlmo ln Music Hall yesterday.
You should have been with me In the in
dependent convention at San Berdoon. The
town thermometer stood at 112. and my
own mercury melted. Hut those Indepen
dents are all right. They are as staunch
for free silver as our club house on Main
street."
N-TH-N C-I.E—"Well, no Fahrenheit
nor centigrade thermometer could guuf"!
the atmosphere of Music Hall. 1 don't
smoke myself, but the odor of some of the
cigars that the Garvansadelegates smoked
Is with me yet. And the Cahuenga torna
do was no joke either."
o o o
T-M S-V-OE—"This climate isn't just
the sume as Dawson City, though there are
some warm places there. This talk of my
losing my grip In the Eighth ward is a josh.
Why. I hud left my trunk there. What
more can a man do to keep the sacred
rights of an American citizen? *
B-B T-DU—"You ought to have staid,
Tom, with the other savages up there,
who can be j tter appreciate your talents.
But you have no longer the lead-pipe cinch
in the Eighth that you once had. You
can't do any good, but you won't be al
lowed to do any harm."
o o o
B-B E-K-RT—"Did we do business at the
beach today? Well. I should have a smile.
The peoples were plenty and the fishes
was good, but not so good as the dinners.
What have we down stairs? Just a seller,
that's all. You call It c-e-l-l-a-r, heln?
Come and laugh with me."
THE STRANGER—"Sad tales these
about faro and roulette down here, but I
suppose you can't help it. These officials
of yours must be blind or else get gold
dust in their eyes. They tell me the young
fellows bring their wives and sweetheart!
on a Sunday, dump them on the beach and
come up the hill again for a gamble."
B-B E-K-RT—"Your English words I
can't always have. I though; they gam
boled on the beach. You had better come
to have that laugh with me."
o o o
O-Y B-RH-M (over the long distance tele
phone)—" Say. Peter. Is that you? I'm In
the devil of a hole, Peter. I want you to
manuge my campaign for me."
P-T-R M-RT-N—"Your what?"
Q-Y B-RH-M—"My campaign, Peter,
don't you know? Some of the fellows down
here have Joshed me into running for the
legislature, and I think I'll have to stagger.
Say, Peter, you'll stand by me? I want
you to be president of the O-y B-rh-m club.
We'll meet at the Paluce at 11:55 p. m.
every night."
P-T-R M-RT-N—"Guy, you've gone
sooner than I had hoped, but I'll wire to
New York tonight for half a dozen silk
hats two sizes larger than the last order.
You'll want 'em at Sacramento. Order
Ch-rlile H-st-ngs' band wagon, or perhaps
P-rt-r's hansom would be cheaper, to meet
me. We'll come down and see you through
at once. THE TRESPASSER.
HELEN GOULD'S AID
San Diego Bed Cross Sends Fruit to
Santiago
Some weeks ago the Associated Press
dispatches announced the great need of
lemons and dried fruit for the soldiers ln
The women of San Diego were willing to
furnish the fruit If some one would pay
the malaria laden atmosphere of Cuba,
the cost of getting it to the front. A tele
gram was sent to generous-souled, open
handed Helen Gould, who at once re
sponded that she would be responsible tor
the transportation.
Next Monday a carload, consisting most
ly of lemons, will leave San Diego for the
relief of the fever-stricken boys In blue
at Santiago de Cuba, the contribution of
the Red Cross of that city. In addition
to about 18.000 pounds of lemons, the car
will contain liberal supplies of grape fruit,
lemon Juice, dried pears, prunes, apricots,
peaches, a lot of California cream of lemon,
magazines, books and numerous other ar
S Princess
Cured of
Catarrh
•»lhe Microbe Killer
cured the princess of fore
throat end catarrh."—
Vrl'iee Victor Ferdinand
of Hohenkthe, St. James
Palace. I/oodon Hun
dreds of ofbnri. Drags
and poison fall. M. K. never falls Freight
pal l to points without agents. Write or call.
Radam's ™*
Mifrft hp [ Bottle - 1 on, y
Mill UIMS l sample j Certajn
Killer Remedy
212 S ««rlnar St., Los Angeles, Cal.
I have just had a large wisdom tooth ex
tracted without pain, and recommend Dr.
Schiffman highly.
LEWIS CRAWLEY,
309 Winston St., L. A.
107 N. Spring St. fSloi,
Also epaa evenings and Bandar 4 boom
for the accommodation of those who cannot
aonu *■» ota*r tima.
tides of comfort for the sick, all contrib
uted by the patriotic men, women and
children of San Diego.
The car Is embellished with an American
flag, and bears greetings'from the far Pa
cific to the brave boys at the front; from
one of Spain's first possessions ln the new
world to the men who are fighting for
freedom from her dominion, of the last she
holds in the Atlantic. Helen Gould's
name will long be remembered by the fever
sufferers for her generous aid.
Marriage License
A marriage license was yesterday grant
ed to David B. Qlllesple, a native of North
Carolina, aged 32, to marry Eva 1.. Wall
ing, a native of Texas, aged 21.
Justice Morrison yesterday fined W. D.
and H. M. Gallagher $7 each for having
disturbed the peace by fighting on "Shan
non's Pint."
Tutt's Pills
Cure AH
Liver Ills
Arrest disease by the timely use ot
Tutt's Liver Pills, an old and favor
ite remedy of increasing- popularity.
Always cures
SICK HEADACHE,
sour stomach, malaria, indigestion,
torpid liver, constipation, and all
bilious diseases.
TUTT'S Liver PILLS
PROCLAMATION
state OP CALIFORNIA, approval of the county government act. of governor for any of the reasons abovl
irvlAitTivir nsPABTMFOT >n submitting any such county government named, and neither the lieutenant governor
EXECUTIVE DEPARTMENT, » alternative article or proposition nor he president pro tempore of the senat-j
SACRAMENTO, July 30, 1898. mny he preaente( j f or t ne choice of the vot- shall succeed to the powers and duties of
„„ ers.' and may be voted on separately with- governor, then the powers and duties of
WHEREAS, THE LEGISLATURE OF out prejudice to others. s, 'ch office shall devolve upon the speaker
the state of California, at Its thirty-sec- Jt shall be competent In all county gov- of the assembly, until the off cc of governor
ond session beginning on the Fourth day ernment acts framed under the authority shall be filled at such general election,
of January. A. D. 1807. two-thirds of all given by this section, to provide for the
the members elected to each ot the two manner ln which, the times at which, and Amendment Number Six
houses of said legislature voting In favor the terms for which the several township
thereof, proposed the following described and county officers, other than Judges of (Being Assembly Constitutional Amend
amendments to the Constitution of the the superior court, shall be elected or ap- x,„ » R >
state of California, to-wlt: pointed; for their compensation; for the mwi n» m
number ot such officers; for the consollda- » resolution to nrnnoso »n the nennlo of
' the members of all boards of election shall nm f" a " a ' a section to read as follows.
. a he elected or unnninted- nnd for the con- Section 6. Ihe public school system shall
A resolution to propose to the people of be ltu ' t ec n ed compensation and Include primary and grammar schools, and
the state of California an amendment to " o ' v u ;' o ". nt re their s «<-h high schools, evening schools, normal
section eighteen of article eleven of the R^SKr.also to prescribe the schools and technical schools as ma*- be es-
Constltution, In relation to revenue and gjjg l , "™ by which P all elections "-ablished by the legislature or by municipal
taxation, by which It Is proposed to amend g» the neonleiihall he and may or district authority, hut the entire rev
said section to read as follows: In a«tt?o7determlne th? tests and °o™di- *™c derived from the state school fund.
Section 18. No county, city, town, town- t)on8 which electors, political parties an d the state school tax, shall be applied
ship, board of education or school d strict d organizations may participate In any exclusively to the support of primary and
shall Incur any indebtedness or liability In primary elect on grammar schools. Grammar schools shall
any manner or for any purpose exceed- Whenever any county has In the manner ln f lu de schools organised In a school dia
log ln any year the Income and revenue JjSsffid ,rlc '' °l uni " n ot sch ° ol districts, having
provided for it for such year, without the SJ"-^'^^" 1 " more than one thousand Inhabitants. In
assent of two-thirds of (he qualified elec- 2°s"£«, o '^Si^%i e &W t HH C S a „? ourse of study shall be taught
tors thereof, voting at an election to be "foresaid ttie directions of sections four whlch wll PP c P U P" S tp enter the ag
held for that purpose, nor unless before, | n °, re n a , 1 p tl 'J M t m^ t !^^ a rleultural. mlnfng, or scientific department
or at the time of incurring unlfomlt,'of a of the University of California,
ness. provision shal be made for the col mentg tnr oughout the Btatei an( { flkewlM
lection of an *™W\t**™™™* D * J? providing for the election and appointment Amendment Number Seven
the interest on such indebtednessas t falls 0 f officers, and the regulation nftheir com- ,„ . «™
due, and also provision to constitute a pensation sh all not B ap pi y . Sal d county (Being Assembly Constitutional Amend
slnk ng fund for thsjMmMt of «PTW. | overtlm<^t act sha ll, as to any of the ment No. 34.)
clpal thereof on or before matumy, which matters h „ relnabo ve provided for and de- '
a cL n ,? t a c e .^ e ?he°sa > me• nrovWed howev! clared by such county government act, A resolution to propose to the people of
ll th»MtE of San f-Tan- not »Wt>J>pt to any law or amendment the state of California an amendment to
J.! .iv tffi?nav the enacted by the legislature, except by section two of article four of the Constt
«m? %f»Mt thereon for mater als f"! *«rMndm«xl\ first submitted to the electors tutlon, ln relation to sessions of the legisla-
Wtth toterest «W*f»forsalddty and and ratified in the manner hereinabove set ture. by which It Is proposed to amend
county during tne"forty-thW and %r& tollh - sa i d seot,on t0 ™ d as f ° liow s:
fourth fiscal years ,out of the Income and Section 2. The sessions of the legislature
revenue of any succeeding year or years; Amendment Number Three shall commence at twelve oclock meridian
provided that any and all claims for mak- on the first Monday after the first day of
lnir reoalrlng. altering or for any work done (Being Senate Constitutional Amendment January next succeeding the election of its
nnn'n or for any insterlal furnished for, any M „ ~ . members, and shall be biennial unless the
street lane Jllty, court, place or sidewalk, governor shall in the interim convene tha
or for the construction of any sewer or legislature by proclamation. The leglsla
sewers In said city and county are hereby a resolution proposing fb the people of turf, ghall then remain in session for twen
excepted from the provisions of this sec the state of California an amendment to ty-flve days, after which it must adjourn to
tlon; and In determining any claim per- the Constitution of the state, by adding a ?P me da . te " ot 'SH than thirty nor more
mltted to be paid by this section, no Stat- new section, to be known and designated as than sixty days from the t me of adjourn
ute of limitations shall apply in any man- section flve and one-half, article six, there- m '" t - " th « two houses fail to agree upon
ncr; and provided further, that the city ot by providing for the organization of a a time at which they will resume their ses-
Valiejo, In Solano county, may pay Its ex- court, to beTtnown as the court of claims, " lon ' the governor shall, by proclamation,
lstlng indebtedness Incurred In the con- Tne said proposed new section to read as *> x ada , te fP r such , reconvening, which shall
st ruction of Its water works, whenever two- follows: be within the limits above prescribed. Upon
thirds of the electors thereof, voting at an B ectlon BH The court of claims shall reassembling the legislature shall complete
election held for that purpose, shall so de- co B n^',°of Bw tirss judges of " 8 9 "" lon ,- N ? >> ay shall be allowed to
eWe Any Indebtedness or liability incurred by the a-ov- ™ m ** rs for , a lon F" P" lod \ ha P seventy
contraryto y this provision with the excep- "gSf reKlafVrnTi
tlon hereinbefore recited, shall be void. th f JHpowt of claims shall have ex- f f re e, \, h " h 0 ° f u the e Sg&£^whJut'thS"^:
elusive Jurisdiction to hear and determine .„ nt „jf three-fourths of the memhers
a M,4MiM,t w,™w T„r, all claims of every kind and character f n " r eof lourtns of the members
Amendment Number Two. against the state, under such laws as may ' „
be passed by the legislature, and Its judg- NOW, THEREFORE, Pursuant to the
(Being Senate Constitutional Amendment mc nt thereon shall be final. The terms of provisions of the Constitution, and an act
v No. 10.) the court of claims shall be held as follows: of the legislature of the state of California,
~ th . „,,., „f ij,, Anireles fomniHirlnr nn entitled "An act to provide for the submls
, . Vondav c n mmencln « on sion of proposed amendments to the Con-
A resolution proposing to the people of the second Monaay oi marcn, stltutlon of the state of Ca,.fornla, to the
the state of California an amendment to the In the city and county of San Francisco, qualified electors for their approval," ap-
Constltutlon ot the state, by adding a new commencing on the second Monday ln July, proved March 7, A. U. 1883, the above de
seution, to be known and designated as sec- and scribed proposed amendments are hereby
tlon seven and one-half, article eleven In the city of Sacramento, commencing published and advertised to be voted upon,
thereof, providing for the framing by the on the second Monday of November of each by ballot, by the qualified electors of the
Inhabitants of counties, of local county year. state, at the election to be held throughout
government acts for their own government. The Judges holding such term of court this state on
The said proposed new section to read as shall receive no extra compensation there
follows: for, but shall receive their actual expenses, VnmtmKpr A A Ti man
Bet' on 7*. The Inhabitants of any to be paid out of the general fund of the Tuesday, November 8, A. D. 1898.
county may frame a county government state treasury. The legislature shall enact
act for their own government, relating to all iaws necessary to organize such court, The said proposed amendments are to be
the matters hereinafter specified, and con- to provide the procedure thereof and to separately voted upon ln manner and form
slstent with and subject to the Constitution carry out the provisions of this section. as follows:
and laws of this state, by causing a board > Each ballot used at such election must
of fifteen freeholders, who have been, for Amendment Number Tour. contain written or printed thereon the fol
at least five years, qualified electors of , . _ . , lowing words, whereupon the voter may
such county, to be elected by the qualified (Being Assembly Constitutional Amend- express his choice as provided by law:
in duplicate by the members of such board, *'«en, by adding a new section there- and
or a mslorltv of them, and returned, one t0 > t0 De known as section number five and "Mr ot vau_ ejo ror tne construction
cop? Thereof to the board of supervisors one-half, relating to oonsolidated city and P* n ls »» h e ConstltutKn reou?r.n«
or other legislative body of such county county governntents. The said proposed lon s. o',!" 8
and the other copy to be sent to the re- new section to read as follows: such claims to be paid from ihe la.
co n rter of deeds P Sf the county. Such Section t%. The provision, of section «»• a " d year ln No
proposed county government act shall four and five of this article shall not, nor S.V „.Lo^7™J n ?V '
then be published in two papers of general shall any legislation passed pursuant there- -iror tne amenament.
circulation ln such county, or If there be to apply to any consolidated city and Amendment Number Two, being. Sen- '
not two such papers, then In one only, for county government, now existing or here- ate Constitutional Amendment No. yas
at least twenty days, and within not less after formed, which shall have become, or 10 (providing for framing local county J
than thirty days after such publication It shall become organised under section seven, government acts, by inhabitants of 1w Q
shall be submitted to the qualified electors or secure a charter under section eight of counties for their government.)
of such county, at a general or special elec- this article. For the amendment?
tlon, and If a majority of such qualllied Amendment NumberThree,being Ben
electors VOUngthsrspn shall ratify the Amendment Number Five ate Constitutional 44
same, it shall thereafter be submitted to auwumumt aamiwr im, (providing for the creation of a court
the legislature for Its rejection or appro- (Being Senate Constitutional Amendment of claims to determine claims Yei
val, as a whole, without power of altera- No . a 6 > against the state, and to consist of J
tion or amendment, and if approved by a tnre e superior judges designated by) No
majority of the members elected to each . , ~ * no ffn vernor to serve without extra
house, It shall be the county government ~A resolution to propose to the people ol cnmDen "u n r n , 6erVe wltnoul exlrß
act of such cotmty, and shall In such case the „ sta ' e # . of California an amendment of v n m ,he Amendment'
become the organic law thereof and super- section fifteen and section sixteen of article For the amendment. I
sede any existing county government act, ? ve ? f 'f 1 * Constitution of the state of Call- Amendment Number Four, being As
and all amendments thereof, and all spe- fornla, by which It is proposed to amend sembly Constitutional Amendment
cial laws inconsistent with such county sald sections to read as follows: No. 37 (Exempting consolidated cit- Yes
government act. Section 15. A lieutenant governor shall ies and counties, organized or to be l-—
A copy of such county government act, be elected at the same time and place and organised, or holding a charter un- fNo
certified by the president of the board of In the same manner as the governor, and der the Constitution, from certain
supervisors or other legislative body of his term of office and his qualifications legislation in relation to counties.)
such county, and authenticated by the seal shall be the same. He shall be president Eor the amendment? J
of such county, setting forth the submission of the senate, but shall only have a cast- Amendment Number Five, being As-f
of such county government act to the eloc- Ing vote therein. sembly Constitutional Amendment
tors and Its ratification by them, shall be Section 16. In case of the impeachment No 36 (relating to office of governor, I
made in duplicate and deposited, one in of the governor, or his removal from office, nrnvMinv for succession thereto ln J Yes
the office of the secretary of state, the death, inability to discharge the powers esrtaJs casesVnd removW dlsabll-<
other, after being recorded In the office and duties ot his office, resignation, or ab- «• of lieutenant governor from hold-I No
of the recorder of deeds ln the county, sence from the state, the powers and duties n « other office during term.)
among the archives of the county of the office shall devolve upon the lieuten- Sf, ?he amendment? I
All courts shall take judicial notice there- ant governor for the residue of the term F amenumeim I
of. The county government act so ratified or until the disability shall cease. And Amendment Number Six, being As- f
may be amended at Intervals of not less should the lieutenant governor be im- sembly Constitutional Amendment Yes
than two years, by proposals therefor, peached, displaced, resign, die, or become No. 38 (relating to and defining gram-{ —
submitted by the legislative authority ot Incapable of performing the duties of his mar schools.) No
the county, to the qualified electors thereof, office, or be absent fr,om the state, the- For the amendment?
at a general or special election held at least president pro tempore of the senate shall Amendment Number Seven, being As- '
forty days after the publication of such act as governor until the vacancy ln the sembly Constitutional Amendment
proposals for twenty days ln a newspaper office of governor shall be filled at the next No 34 (providing for adjournment of Yes
of general circulation in such county, and general election when members of the leg- legislature for not less than thlrty<——
ratified by at least three-fifths of the qual- lslature shall be chosen, or until such dls- nor more than sixty days during No
Ifled electors voting thereon, and approved ability of the lieutenant governor shall each session.)
by the legislature as herein provided for the cease. In case of a vacancy In the office For the amendment?
Witness my hand and tha Great Seal of tha State of California, the day and
year heroin first above written.
JAMBS H. BUDD,
Attest: Governor.
L. H. BROWN,
Secretary ot State.
[SEAL.] I
I The American 1
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