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mit the loss of the internal revenue tax, neither will it be advisable to lose the custom duties at present derived from French wines and brandies. The grape growers of the State have no way of calling the attention of the President and Congress to the manifest injustice of this treaty, except through their representatives assembled in this Convention, and therefore the committes earnestly ask for the adoption of the memorial, and that one copy be sent to the President of the United States, and the other to our Senators. There are two copies, Mr. President, sent to the Clerk's desk, already prepared. I move the adoption of the memorial, and that four hundred and eighty copies of it be ordered printed. MR. MANSFIELD. Mr. President: I move that double the usual number of copies be ordered printed for circulation.

MR. HAGER. Mr. President: I think, sir, that it is very important that this memorial should be adopted and dispatched to Washington at as early a day as possible. I would suggest to the mover of the resolution that it be also referred to the House of Representatives. Whilst I was at Washington, sir, there was a constant pressure brought to bear upon the Senate and the House of Representatives in regard to our tariff laws, that they might be relaxed so as to admit the cheaper wines of Germany at a reduced rate of duty. Committees were there constantly before the committee of the Senate and before the committee of the House of Representatives that had charge of the tariff bills, to importune them for some modification of our duties in regard to the lower class of wines, in order that the products of Germany and France might be brought in at a reduced rate of duty. That pressure is being brought to bear constantly. I presume it originates mainly with the importers of these wines in New York and in the other cities. I do not know that the governments of Europe have undertaken to interfere, by bringing any influence to bear at Washington, but there is certainly, at all times, a committee there that are using their power and influence to secure some modification of our tariff laws in that respect. I have been told that wines are constantly being exported from this country to Europe, where they are mixed with French and German wines and brought back here as foreign productions. If we wish to establish the California wine interest, we must protect it by tariff laws, as all countries have protected this kind of products in their own interest. I would suggest that the gentleman modify his resolution to this extent, that it be sent also to the House of Representatives.

MR. REED. I accept the amendment.

MR. HILBORN. Mr. President: I would also suggest that where concurrent resolutions are passed which are addressed to the Government at Washington, they are usually sent to each of our Senators and representatives in Congress. They are the special representatives of our interests at the Capital, and it would seem to me proper that that should be the course here. I ask the gentleman to accept an amendment, that a copy be sent to each of our Senators and representatives in Congress. MR. REED. I accept the amendment, though I understand that the question of a modification of a treaty only goes to the Senate. MR. HILBORN. Exactly so; but it was proposed to send this to the President of the United States. We have representatives there, and representatives of influence, and it certainly will be courteous for us to send a copy to them, so that they may be advised of what is in the hands of the President, that they may, by their influence, assist in bringing about this good result.

The memorial was unanimously adopted, and four hundred and eighty copies ordered printed.

MR. ESTEE. Mr. President: Before moving that this Convention resolve itself into Committee of the Whole, I wish to state that it is proposed

MR. O'SULLIVAN. On last Monday week I offered

WOMAN SUFFRAGE DISCUSSION.

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Resolved, That the Superintendent of State Printing be requested to furnish to this Convention an estimate of the cost of composition, paper, and binding of a series of Readers, such as the Pacific Coast Readers and McGuffey's Series of Readers, the work to be done by the State under its present system. That he be requested to estimate the cost of the first edition of one thousand, and also the cost of each succeeding thousand.

MR. O'SULLIVAN. This resolution was laid on the table, I think, under a misapprehension as to the purport of it. The purpose of the resolution is simply to obtain information as to the cost of printing the school Readers in the State Printing Office. The proposition that the State shall print the school books will come up by and by for the decision of this body, and therefore it is that I desire this information laid before the Convention. I see no good reason why this simple inquiry for information should be suppressed, as it was on last Monday week. It will cost nothing, and simply asking the information, commits nobody to the plan of the State printing the school books. It is notorious that one of the worst lobbies that has ever disgraced this State, is the school book lobby. I say so advisedly, because there are gentlemen on this floor who have been in the Legislature who told me so, and I have heard so from school teachers also. I trust that this Convention will show itself above all outside influence, notwithstanding it is said that a cer

tain book firm of San Francisco declare that they will have this book question settled in the new Constitution satisfactorily to them, so that they will not be compelled to come up here every session and use their corrupt influence in the Legislature; I therefore hope that the resolution will be taken from the table, and that the mere courtesy which has been given to all similar resolutions will be given to it.

MR. FREUD. Mr. President: I hope the resolution will pass. It is my intention to present a minority report from the Committee on Education relative to this matter; and it will be absolutely necessary that the information aimed at by this resolution be at my disposal. It is my intention to submit a proposition relative to the compilation, distribution, etc., of books by the State, to be printed at the State Printing Office. In order to make a report of that character, of course the information aimed at is necessary. Therefore, I hope the resolution will pass. MR. WELLIN. Mr. President: When this question was brought up here a week or two ago, I was very much surprised to hear the gentleman move to lay it on the table. This is one of the questions that interest the people. We all know that there has been an immense power at work on school books in the State of California. We have a State Printing Office here of our own that could print these books and give them to the people at first cost. The question here asked is simply to see whether it can be done or not. Why any gentleman should propose to lay it on the table is more than I can see. No harm can possibly come from getting the information before the Convention, and then if we see we can do the people any good let us do it. MR. CROSS. Mr. President: In this State there is quite a feeling growing up in favor of having the books for public schools furnished by the State. As I understand it, there is also a feeling that the present cost of school books is about three times what the State could furnish the same books for, and a good many of the delegates to this Convention were elected on the proposition that if there was an opportunity they should favor the furnishing of books in the public schools at the State expense. Now, if any movement is to be made during the sitting of this Convention, and I understand that such an attempt will be made, this information will be invaluable to us, especially if it should appear that the State can furnish books at about one third of the cost that individuals now furnish them at. I am therefore in favor of the resolution. It will cost the State nothing, and we will have the information.

MR. ROLFE. Mr. President: If we attempt to investigate every evil, or supposed evil, that is claimed to have existed for the last twentyfive or thirty years, we will never get through with the business of this Convention in the next five years. The way these things accumulate, it seems that gentlemen in this Convention are determined to go into every minute affair of the State, whether it exclusively belongs to the legislative, judicial, or executive department, and with which this Constitutional Convention has nothing to do whatever. Now, I came here for the purpose of helping to make a Constitution, not to investigate any evils that have been supposed to exist heretofore, which not a half dozen members of this Convention will attempt to remedy. The remedy is with the Legislature, or some other department of the Government. Now, I say that if there has any abuse been perpetrated here in the matter of books for schools, the proper place to remedy it is in the Legislature. We cannot establish a system of books here. If the books have cost four times as much as they should have cost, then, sir, it seems to me that the place for investigation and remedy is in the Legislature. Let us go on with our other business, and let the Legislature when they meet next Spring, or whenever they do meet, attend to theirs. I hope that all such propositions as these will be voted down, and that we may get through with this Constitutional Convention by next May, if possible.

MR. O'SULLIVAN. The Legislature probably is the place to settle railroad fares and freights, too, and the tax question, but we know that the Legislature has been corrupted, and has never passed an Act in the interest of the people on this question. Therefore I want this school book question in the Constitution. Do you want to stifle information? You probably all voted for the resolution presented for the purpose of casting ridicule upon the office of Adjutant-General of the State. Why not vote for this simple resolution asking information that I desire? It will cost nothing.

MR. ROLFE. Mr. President: So far as the members of the Legislature are concerned I do not agree with the gentleman. I am not here prepared to say that the legislators of this State have been a set of corruptionists, thieves, and pirates. I believe that the members of the Legislature of this State have, on the average, been just as good and honest a set of individuals as the members of this Convention. I am not here to say that we are such immaculate individuals, superior to every body that has ever existed in this State heretofore; therefore, I am not willing to act upon that proposition.

MR. O'SULLIVAN. I know what I am speaking of. I call for the ayes and noes. MR. LINDOW. Ayes and noes. The motion to take the resolution from the table prevailed. MR. FREUD. I move its adoption. The resolution was adopted.

QUESTION OF PRIVILEGE.

MR. CAPLES. Mr. President: I rise to a question of privilege. My facetious friend from San Francisco, Dr. O'Donnell, appears disposed to have a little fun at my expense. I shall not make any objection, in view of the fact, that it seems to be his peculiar department to make fun in this Convention. But for the information of the gentlemen of the Convention, I will state that I know nothing at all of his resolution, and that when I discuss the question referred to in the resolution of the facetious gentleman, I expect to do so before this Convention at the proper time, in the proper manner, legitimately, regularly, and not otherwise.

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"Amend Article (Proposition No. 444), as reported by the Committee on Corporations other than Municipal, by inserting therein, next after section twenty as reported, the following:

San Benito.
San Bernardino_
San Diego..
San Francisco..
San Joaquin..
San Luis Obispo..
San Mateo..

Santa Barbara..
Santa Clara__

EXHIBIT "A"-Continued.

Amount brought forward

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Santa Cruz...

Shasta...

Sierra..
Siskiyou_

Solano_
Sonoma

Stanislaus..

"SEC. 21. Said Railroad Commission, in the execution of its powers, shall so fix, and from time to time regulate, the charges for freights and fares collectible by said railroad and other transportation companies, that the revenue derived therefrom, over running expenses and expenses for repairs by such companies, shall not, in the aggregate for any year after the adoption of this Constitution, exceed, but may be less than, ten per centum of the true cash value of the works, machinery, and prop- Sutter erty invested and in actual use by such corporations in the business of Tehama.. transportation, as the same shall be assessed annually for State taxation." Trinity. MR. HERRINGTON. I move that it be printed out of order and referred to the Committee of the Whole, to be considered with the report of the Committee on Corporations other than Municipal. Carried.

ORDERED PRINTED.

MR. CONDON. There was a memorial presented from the representatives of the trades and labor unions of this coast, praying of this Convention to have a clause inserted in the Constitution prohibiting the letting out of prison labor to contractors; also, embracing several other subjects of vast importance. The memorial was presented by the gentleman from San Francisco, Mr. Bell, and, sir, in order that all should understand thoroughly the views which actuated these vast assemblages in imparting to this Convention the necessary information, I move you, sir, that four hundred and eighty copies of the same be printed. Carried.

SUPREME COURT WORK.

MR. WILSON, of First District. Mr. President: The Clerk of the Supreme Court, at the request of myself, as Chairman of the Committee on Judiciary and Judicial Department, and of other members of the committee, has prepared a tabular statement showing the number of cases appealed to that Court, and the amount of business from the several counties in the State. I deem it quite important that this information should be possessed by this Convention before we act upon the judicial department. I therefore move that the communication be received and ordered printed.

THE CHAIR. If there be no objectien it will be so ordered. The Chair hears none.

STATE OF CALIFORNIA, CLERK'S OFFICE SUPREME COURT, Į SACRAMENTO, CALIFORNIA, December 2d, 1878.) Hon. S. M. Wilson, Chairman Judiciary Committee, Constitutional Convention : DEAR SIR: In obedience to the request of yourself and other members of your committee, I have the honor herewith to present comparative tables (in detail) of the business of this Court during the four years preceding the amendment to the Constitution increasing the number of Justices, and during the four years commencing January first, eighteen hundred and seventy-four, since which time all the present Justices have been on the bench, showing the number of cases that have been filed from each county in the State, and writs of habeas corpus issued, with a list of decisions rendered during both periods; also, the number of cases remaining undisposed of at this date.

Tulare.
Tuolumne.

Ventura..

Yolo_.
Yuba..

Habeas Corpus Writs..
Totals...

1,378

127

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All of which is respectfully submitted.

Monterey.
Napa...

23

2

1

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Nevada.

3

Placer.

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San Francisco_

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San Joaquin..

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San Luis Obispo...

8

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Shasta..

Sierra...

Siskiyou

1

24228250

1

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Sonoma.

56 Stanislaus..

25 Sutter.

12 Tehama..

38 Trinity.

1 Tulare.

49 Tuolumne.

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6 Yolo.

1 Ventura..

Yuba.

Habeas Corpus Writs.

Totals

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13

1

21

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Number of causes filed from January 1, 1860, to January 1, 1864.

1,378

127

7

6

12

1,530

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Civil.

Number of causes filed from January 1, 1874, to January 1, 1878.

Criminal.

Mandamus.

Prohibition.

Certiorari

Habeas Corpus...

Total..

Number of causes awaiting argument at commencement of the pres

ent term.........

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18

MR. TINNIN. I second it, too.

15

62

2,067

300

MR. ESTEE. I wish to present a report of the committee relativeMR. LARKIN. I insist upon my motion for the previous question upon the two amendments pending. You can offer yours afterwards as much as you please.

MR. CROSS. I wish to ask a question. If we now order the previous question on these two amendments does that cut off debate upon such

Number of decisions rendered by the Court from January 1, 1860, to January 1, 1864. other amendments as may be offered?

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MR. REYNOLDS. Mr. Chairman: It seems to me quite unnecessary to move the previous question, or to vote upon these amendments. It seems to me that the Convention is in a temper to

MR. NOEL. I rise to a point of order, that the previous question is not debatable.

THE CHAIRMAN. The point of order is well taken.
MR. REYNOLDS. I wish merely to state-

THE CHAIRMAN. The gentleman will come to order.

On a division, the main question was ordered by 84 affirmative votes.
THE CHAIRMAN. The Secretary will read section twenty.
THE SECRETARY read section twenty, as originally reported by the
committee, as follows:

SEC. 20. Three Railroad Commissioners shall be elected by the qualified voters of this State, at the regular gubernatorial elections, and whose salary shall be fixed by law, and whose term of office shall be four years. They shall be qualified electors of this State, and shall not be interested in any railroad corporation, or other transportation company, as stockholder, creditor, agent, attorney, or employé, and the act of a majority of said Commissioners shall be deemed the act of said Commission. Said Commissioners shall have the sole power, and it shall be their duty, to correct abuses by railroad corporations, or other transportation companies; establish rates of charges for the transportation of passengers and freight by railroad or other transportation companies, and publish the same from time to time, with such changes as they may make; report to the Governor annually their proceedings, and such other facts as may be deemed important; hear and determine complaints against railroad or other transportation companies; affix penalties and enforce them through the medium of the Courts; and perform such other duties as may be prescribed by law. Nothing in this section shall prevent individuals from maintaining actions against any of such companies. It shall be the duty of the Legislature to confer all such further powers on the Board of Railroad Commissioners as shall be necessary to enable them to perform the duties enjoined on them in the foregoing sections.

THE CHAIRMAN. The first question will be on the amendment offered by Mr. Prouty. The Secretary will read it. THE SECRETARY read:

The amendment was rejected.

THE CHAIRMAN. The question now recurs on the substitute offered by Mr. Waters. The Secretary will read.

MR. HAGER. Mr. President: The Committee on Corporations have presented a new report this morning which none of us has had an opportunity of examining. We do not know anything about it. After "Add to section twenty: Provided that nothing in the foregoing secthis debate has been continued here for a long time, and we pretty gen- tion shall be so construed as to prevent the Legislature, by a threeerally understand what we have before us, the committee have pre-fourths vote of all the members of both branches thereof, from changing sented a new report this morning, and I think it will be hardly proper or annulling the action of said Commission, as in their opinion the pubto discuss that matter to-day and vote upon it to-day. I would like to lic good may demand."" see it put in print and let it be the order of business for to-morrow. think that such an important matter as this we ought to have printed and laid on our desks. I do not suppose there are any gentlemen in this Convention who could vote intelligently upon the proposition for want of information, for want of opportunity of reading it deliberately. I hardly think it would be just. I suggest to the Chairman of the committee, whether it is right that we should be compelled to vote upon an amendment of this importance which for the first time comes before us to-day. We could go on and discuss it, but I suggest that we had better take the vote to-morrow. This amendment only extends over ten or eleven lines, while, if I recollect right, the original extended over some twenty or thirty lines.

MR. ESTEE. This amendment will be printed in the daily Journal. I merely gave notice so that gentlemen might improve the opportunity to address the committee to-day. If we are not through when night comes, I am sure that no member of the Committee on Corporations will try to press a vote.

MR. EDGERTON. I would inquire of the Chairman whether his motion contemplates merely the termination of the consideration of the report in Committee of the Whole.

MR. ESTEE. Of course, that is all.

MR. EDGERTON. Not final action by the Convention upon it.
MR. ESTEE. Only in Committee of the Whole.
The motion to go into Committee of the Whole prevailed.

IN COMMITTEE OF THE WHOLE.

MR. LARKIN. Mr. Chairman: In order to bring the discussion that may arise upon this question to the questions properly before this committee, I move the previous question upon the amendments now pending-so that the discussion to-day may be upon the amendment offered by the Committee on Corporations this morning. the amendments offered by Mr. Waters and Mr. Prouty. I desire this body to stick to the question and not have the latitude they have had before.

MR. BROWN. Mr. Chairman: I do not see that we can ascertain whether we wish to vote upon these amendments that have been before the committee or not until the body learns what will be presented by the Committee on Corporations. We do not know what we will have to vote upon besides the amendments, and until we know something of those to be proposed I do not think we can vote intelligently upon the subject of the other amendments which have been introduced by Mr. Waters, Mr. Blackmer, and others. I think it is but fair that this body should learn what we have to vote for besides before we vote upon these.

THE SECRETARY read:

"Every railway company or corporation, and every other common carrier by railroad, now or hereafter doing business in this State, shall be entitled to a reasonable compensation for its services, and no more. Three Railroad Commissioners shall be elected by the qualified electors of this State, at each gubernatorial election, whose salary shall be fixed by law, and whose term of office shall be four years from the first Monday in January succeeding their election. Each of them shall be a qualified elector of this State, and shall not be interested as owner, partner, stockholder, creditor, agent, attorney, or employé, in the business of transportation. Said Commissioners, or a majority of them, shall make a schedule of reasonable charges for the transportation of passengers, freight, and cars over each railroad now or hereafter operated in this State, as well as reasonable rates for receiving, handling, and delivering freight and cars on such roads. In any action, prosecution, or proceeding by or against any person or corporation, such schedule, or a certified copy thereof, shall be deemed, received, and taken as prima facie evidence that the rates therein fixed are reasonable rates of charges over the road or roads for which such schedule was prepared. They shall alter, revise, and amend such schedules as they shall, from time to time, deem just, and shall perform such other duties and possess such further powers, not inconsistent with this section, as may hereafter be prescribed or conferred by law. No charge by any railroad company, or other common carrier, shall be deemed reasonable if in excess of the sum which it is now entitled by law to exact for a like service." The substitute was rejected.

MR. ESTEE. Mr. Chairman: I now offer the amendment as recommended by the Committee on Corporations other than Municipal, and ask to withdraw the other section and insert this in its place.

THE SECRETARY read:

"SEC. 20. Three Railroad Commissioners shall be elected by the qualified voters of this State, at the regular gubernatorial elections, whose salary shall be fixed by law, and whose term of office shall be four years. They shall be qualified electors of this State, and shall not be interested in any railroad corporation, or other transportation company, as stockholder, creditor, agent, attorney, or employé, and the act of a majority of said Commissioners shall be deemed the act of said Commission. Said Commissioners shall have the power, and it shall be their duty, to establish rates of charges for the transportation of passen

constituted authority, but a change, as universal, and simultaneous, and void of force as God's irresistible Spring, that blushes with flowers and clothes with more than kingly raiment the length and breadth of a barren continent. If these accusations are well founded, endurance should be no longer the badge of our tribe, and that toleration should have an end. But, sir, is there any gentleman who is prepared to abandon the principles of representative government? I think not. Are there any here who are prepared to declare that this Government all the powers of the State should be taken and vested in a horde of irresponsible Commissions? I think not. We know, whatever we may say, that as a whole our system of government is the best that human wisdom has as yet devised, and for one I am not willing to impeach or impair it by intrusting to any three men the powers and prerogatives which belong to either branch of the Government.

gers and freight by railroad, or other transportation companies, and publish the same, from time to time, with such changes as they may inake; to examine the books, records, and papers of all railroad and other transportation companies, and for this purpose they shall have process of the Courts; to hear complaints against railroad and other transportation companies; to send for persons and papers, administer oaths, take testimony, and report cases of contempt to the Courts for their action, and enforce their decisions and correct abuses through the medium of the Courts, and perform such other duties as may be pre-should be administered by a succession of elected Commissioners; that scribed by law; to report to the Governor, annually, their proceedings and such other facts as may be deemed important. Nothing in this section shall prevent individuals from maintaining actions against any of such companies. It shall be the duty of the Legislature to confer all such further powers on the Board of Railroad Commissioners as shall be necessary to enable them to perform the duties enjoined on them in this and the foregoing sections."

MR. HALE. Mr. Chairman: I send up an amendment.
THE SECRETARY read:

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"Amend section twenty by adding thereto: Provided the Legislature shall have power to remove any one or more of said Commissioners from office for dereliction of duty, or corruption, or incompetency therein; and whenever, from any cause, a vacancy in office shall occur in said Commission, the Governor shall fill the same by the appointment of a qualified person thereto, who shall hold office for the residue of the unexpired term, and until his successor shall have been elected and qualified.""

MR. WILSON, of First District. I have an amendment I desire to offer. MR. LARKIN. There was an amendment offered by Mr. Estee, and an amendment to that amendment was offered by Mr. Hale. THE CHAIRMAN. The proposition offered by the committee takes the place of the one that was in the report.

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No man in his senses will pretend to deny that the power to regulate all corporations exists in the people; that it may be maintained and exercised through their appointed agents to the extent, if it be necessary for the public good, of the condemnation or confiscation of property or privileges enjoyed by any corporation which menaces public right, and the enjoyment of life, liberty, property, and the pursuit of happiness. The only question that we have here to discuss, is as to the manner and the mode in which that power shall be exercised. Now, the most careful consideration would be demanded of us, if we were assembled here as a Legislature merely, to pass a law to go into effect and remain in force two years only; which might be revised, amended, or repealed, as experience demonstrated it was insufficient, or fruitless of the results sought to be accomplished by it. How much more essential is care and consideration necessary, how much more is prudence demanded of us in the work now intrusted to our hands. Hasty legislation may be repented of and repealed. It is simply for a moment mischievous. Hasty Constitution-making is a vice that may rot and ruin the very fabrie that we are attempting to uphold. No systems of law, no principles of government, are of value except they be the result of growth, the fruit of experience, the ripe and matured result of the wisdom that flows from it. The science of government itself, of that which shall bring the highest welfare to the body politic and to the individual citizen, is a progressive science. The principles, to be sure, are immutable, unchangeable; but their application must vary and change with the growth and progress of States and peoples. They depend upon a thousand circumstances; they require to be modified and adjusted, and adapted to an infinite variety of conditions which we cannot control, which we cannot foresee, and for amend-which no human wisdom has ever been or ever will be able to provide. tion, their application ought not, philosophically speaking, to be restricted, Therefore, while the principles should be engrafted upon the Constituand made incapable of adaptation to inevitable changes. This consideration becoines the more important when we consider the vast interests with which we are dealing.

MR. LARKIN. I simply desired to learn the ruling of the Chair. THE SECRETARY read Mr. Wilson's amendment, as follows: "Strike out lines one, two, and three, and insert in their place as follows, viz: Section twenty. There shall be appointed by the Governor, by and with the advice and consent of the Senate, three Transportation Commissioners, who shall hold their office for the period of four years from and after their appointment, and until their successors are appointed and qualified.""

MR. BARNES. Mr. Chairman: I second the amendment.

MR. CROSS. Mr. Chairman: I do not understand that this is offered by Mr. Wilson as an amendment to the amendment. It is an ment to the proposition of the committee. Mr. Hale's amendment does not go to the first portion at all.

THE CHAIRMAN. It is an amendment to the proposition before the

Convention.

SPEECH OF MR. BARNES.

MR. BARNES. We have had this morning the best illustration of one of the propositions I propose to argue to the committee that could have been presented. The Committee on Corporations other than Municipal, more than three weeks ago, presented for our consideration an article on corporations, the main interest of which centered in section twenty, now under discussion. It was, so far as I could understand the Chairman of the committee in his introduction, a novelty, not merely in legislation, but an experiment, so far as Constitution-making was concerned. I propose for a moment to comment merely upon the argu-expressed by Mr. Sterne by no means support the conclusions embodied ments advanced in support of it. If I understo the views expressed for the committee by its Chairman and by others, it was substantially that this elected Commission, with most extraordinary legislative and judicial powers, was necessary because of the universal popular distrust of the legislative department of the government. It stood upon the assumption, if I may use the phrase, that the representatives of the people, coming biennially fresh from the people, have ceased to have any partnership with the public interests, and recognize no constituents except these great corporate interests, whose cause they venally espouse and whose plunder they share; upon the idea that there is that in the very atmosphere of Legislatures which so corrupts and taints our public men that they are almost by the course of nature seduced by bribes, and become the mere venal partisans of plundering schemes and schemers, corporate and individual. What foundation there may be in individual experience, what justification there may be in the minds of those who have so expressed themselves, I know not, nor indeed do I care to know, except that it leads me to remark that this prejudice has been so far cherished and enlarged upon in the committee that there seems to be no possible restriction upon this popular branch of the government which does not meet with universal favor, and often, I fear, with unthinking support, simply because an Act sought to be incorporated in the Constitution is a restriction upon or a destruction of powers, which, if we are to have any Legislature, properly and of right belong to it. I have sometimes feared that there was something more of temper and of passion than of reason-more of what has been called the hoarse cry of the demagogue than of the voice of true statesmanship. Now, sir, it seems to me that if all that has been asserted on this floor be true, republican government is a failure; and that concentrated power, a government of the few, and the fewer the better, is our only refuge from national

shame and destruction.

Certainly, sir, if these aspersions be correct, there should be not only reform, but an absolute change in the form of our Government itself. If our ballot box breeds nothing but corruption, if these halls contain biennially nothing but a seething mass of degradation, where public right and public justice lie prostrate, helpless, and discrowned, it is time that we abandon our form of government. It is time that we abandoned a ship poisoned with pestilence and rotten from bulwark to keel. It is time now that we should have a rebellion; not a rebellion armed against

Corporations have grown to most enormous dimensions in the United States. The railroad system of this State, and which seems to cause so much anxiety, is like a single drop of rain that fills from the clouds in comparison with the deluge that descends from a Summer storm, when compared with that of other States. I find by the statements made by Simon Sterne, in his pamphlet on the railway system of the United States, so flatteringly referred to by the Chairman of the Committee on Corporations-a book which I loaned him, and of which he did not make the best use that could have been made, for, certainly, the views in his report and article—that in the year eighteen hundred and thirty there were only twenty-three miles of railway within the whole limits of the United States. In eighteen hundred and forty they numbered two thousand two hundred and eighteen miles; in eighteen hundred and fifty they had increased to nine thousand and twenty-one miles; in eighteen hundred and sixty, to thirty thousand six hundred and thirtyfive miles, and in eighteen hundred and seventy-six there were in actual operation in the United States, seventy-seven thousand four hundred and seventy miles of railway, representing an actual capital of six billion dollars-more money, sir, than is invested in railway enterprises in Great Britain, France, and Germany combined. In the year eighteen hundred and seventy-seven, there was in England invested in railway enterprises, two billion eight hundred million dollars; in Germany, one billion dollars, and in France, one billion two hundred million dollars. During this period railway corporations came, as we know, to absorb and engross, by the force of natural law, by the power of steam operating upon permanent roads-which made traffic open and accessible at all seasons and at all times-nearly all the carrying trade of the United States; and to-day, not only in California do the railroads control all the carrying traffic, but they control it all over the United States. All the complaints made here have been made elsewhere, and for that reason, before I get through, I desire to call the attention of the committee to what other States, who are more deeply and injuriously affected than we have ever been, have done, and what, as it seems to me, we ought to do, if anything. In eighteen hundred and seventy-six, eighty-three per cent. of the great grain staples that sought the Atlantic seaboard for the purpose of exportation and consumption, were carried by rail. Of the general internal commerce of the country, more than ninety per cent. was transported by the railroads; and Mr. Sterne says, in contrasting the railway interest with the shipping of the country, that the value of all the shipping, foreign and American, employed in moving our exports and imports, amounted to about two billion dollars, while the value of the railroad interest employed in the same carrying trade was something like six billion dollars. We exported in the year named one billion two hundred million dollars worth of articles, while our railroads carried or transported something like eighteen billion dollars worth of property.

Though the interest of California in the carrying trade of the United

recommended that the Board of Trade should exercise their supervision over railways, in the way of suggestion, rather than by positive regulation. In February, eighteen hundred and forty-four, a select committee of the House of Commons was appointed, which committee made six reports in six months. Many of the powers exercised by the Board of Trade take their origin from the suggestions and conclusions of these reports. It is not without interest to note that this committee, like many others, entered upon their labors with a strong prepossession against any general interference by the Government in the management and working of railways, and that they had seen no reason to change their views. But with regard to railway legislation, they were convinced that it was alike clear from reason and from experience that should thenceforth be subjected to an habitual and effective supervision on the part of the Government. They also recommended that an efficient supervising power should be constituted on the part of the public, to assist the judgment of the houses of legislation, and that general principles should be laid down to guide its proceedings, and finally they recommended that railway bills should be submitted to the Board of Trade previously to their coming into Parliament.

States is very small (for we have some two thousand eight hundred or three thousand miles of railway, representing a capital something like one hundred and fifty million dollars), yet these railroads, like those at the East, enjoy, notwithstanding all that has been said here upon the subject as to competition, a practical monopoly. Their management affects the people of this State not less seriously than that of other States. We have almost no other highways. We have no great rivers, no great canals. We never had any internal improvements, except poorly built roads, wandering over the mountains and through the plains, wherever convenience might seem to require. Everybody knows the railways were the pioneers of civilization in many parts of this State, and whatever roads there were in use before the era of the railway have been almost entirely obliterated from disuse. There is no such thing as a carrying trade but that performed by the railroad companies. We are entirely dependent upon them, just as they are dependent upon us. Now, sir, while in common with the mass of our citizens, I feel proud of the courage and enterprise which conceived and constructed these magnificent highways, I cannot but acknowledge that complaints are general and many against their management. I think I know, too, that very many of these complaints are founded in ignorance, in prejudice, and It will be noticed that all these powers were intended to be advisory that much of the hostility exhibited has been engendered, not by the merely; to aid by the elucidation of facts, by the testimony of witsystem of management, but by the personal bearing of some of the man- nesses competent by knowledge, habit, and opportunity, and officially agers. Things that are done by or charged against the railways might responsible, and to make recommendations. For these purposes Parliahave been done by other men without a word of complaint. It is a ment adopted various standing orders to enable the Board of Trade to question of personal popularity, rather than anything else. But, not-exercise supervision over projected railways, and the Board of Trade withstanding all complaints, notwithstanding all wrongs, real or fancied, acted under them. In eighteen hundred and forty-six the powers dilated on here, we cannot live without the railroad any more than the vested in the Board of Trade were transferred to a railroad Commission, railroad can live without us. We cannot hurt it without hurting our-called Commissioners of Railways, and that Commission continued to selves. It has accomplished a great work. It has invaded the wilder-act until eighteen hundred and fifty-one, when it was set aside, owing ness and put to flight its repose and peace by the music of successful to its inefficiency, and the powers it had exercised were returned to the labor. It has ended the mission of the pioneer; it has left him no soli- Board of Trade." In eighteen hundred and fifty-three, a select comtude to conquer. Fast and faster upon his retiring footsteps these mas-mittee of the House of Commons, to whom this subject was referred, said: sive columns of enterprise and capital have advanced, and made his most silent haunt their abiding place. The deserts no longer protect him; the mountains no longer give him shelter; plain and valley and mountain gorge are trembling with the hurrying commerce of Occident and Orient, and the white death that reposed on the brow of the Sierras has been transmuted into glowing life by the invisible touch of the gods of steam and electricity. Accessions of population, hitherto unknown sources of wealth, the great staples of agriculture, gold, silver, iron, and coal; cities, towns, seminaries, schools, the visible signs of progress and civilization, have sprung up in its path, and have followed wherever it has gone.

"In a country so rapidly advancing in prosperity as England, and in respect of a system so new, and where so much is still a matter of progress and experience in this system of railway communication, and where such great interests are involved, and so much ability and enterprise are constantly at work, it is futile to lay down general rules in words, unless provision be made for the steady application of those rules to the varying circumstances which from time to time arise. Hence all the most intelligent witnesses whom your committee have examined have pointed to some tribunal which might be invested by Parliament with so high a degree of authority as to give weight and stability to its decisions, and thus, by creating in the public mind a more certain anticipation of the result of parliamentary conflict, be made eminently conducive to public good." And they considered, then, that such a tribunal could not be erected altogether outside of Parliament. And why? Why, from general considerations of representative government. But to these Railway Commissioners very great powers were intrusted; greater powers almost than those which have been outlined and indicated in the proposed amendrailway scheme; they had authority over every railway that proposed to connect with any other, as to the general management and the moving of freight.

Now, in view of all these considerations, let us consider this subject fairly and candidly, and whatever is necessary, whatever is just and right for the people's protection, let us do; but whatever is not necessary, let us not do. I favor every necessary constitutional provision and all proper legislative restriction and control. Suppose that all this was a new question; that we had never known a railroad in this State; that we were here to consider the question of railroads to be built and operated in this State; that there were no complaints, no personal griev-ment to the Constitution. They had authority over every projected ances, no signs of wrong of any kind, but had only to consider what was for the best interests of the people, what would we do? We would look at the experience of other countries and States where these railroads existed, and where the vast capital I have mentioned was invested. I They had authority over the gauge of the road; they had the power have been somewhat surprised, as we have been progressing in this of inspection before it was open for the public use; and no railroad debate, to notice how impatient and restive some of us have been and could be operated except the Board of Trade had previously approved of are at the time taken up with the discussion of this question. We have the road, its system and management, its track, superstructure, bridges, been occupied two or three weeks; yet we are here seeking not only to and rolling stock, and found all ample and sufficient to supply the wants make a general constitutional provision, but to engraft upon the Consti- of the public in the region where it was proposed to run it. They had tution--what one of my colleagues from San Francisco, Judge Hager, the superintendence of railroads after they were built. They controlled said he was in favor of doing a full and complete code of laws, that connecting lines, or separate portions of one continuous line of railway, should make the Constitution, if necessary, as long and detailed as the and the orders of this Board of Railway Commissioners controlled the Codes of the State. Why, sir, hundreds of volumes have been written whole railway system. They controlled the junctions, crossings, the upon this subject. Systems of laws have been adopted. One system speed of trains, the power to condemn lands, and, more extraordinary after another has been changed, modified, and altered to suit the vary- than all, no railroad corporation could adopt by-laws for the manageing complexion of the times and the exigencies of occasions. No one ment of its business, in respect to passengers and freights, except they will undertake to say, when he considers the literature of the railroad were examined and supervised by the Board of Trade, and whatever and sees how much anxious thought has been bestowed on these ques- was done in that respect was subject to the supervision of the Board, and tions, how very difficult it has been to deal with all these perplexing they had the power not merely to approve or reject, but to direct the problems, that two weeks, or three weeks, is too long a period to spend adoption of such by-laws for the regulation of traffic as seemed to them in considering questions of such magnitude, when the results of our in the interest of the people. The Board also had the power to direct deliberations must enter into the organic law of the State, and are to be the Attorney-General to proceed against the companies for any violation fixed, immutable, inflexible, never to be modified or altered, no matter of their charters, or for failure to comply with any by-laws or regulawhat changes in society, in capital, or the judgments of men may be. tions. They also had power to require returns of traffic, and the publiThe English Parliament began very early to deal with railways. As cation of the rates of freights and fares. The companies were compelled early as eighteen hundred and thirty-four they commenced to consider to report to the Commissioners of all accidents and the reasons for them. them, and the history of the English legislation on that subject shows And they also had the power to regulate the construction of cars, to how futile, useless, and vicious an absolutely unchangeable system for regulate the running time of cheap trains for the use of the laboring the direction and control of this class of corporations would be. The classes in and out of London and the great commercial centers; and also present condition of the laws in England, which has been alluded to, the fares upon them. No corporation in England could make a scheme but not very thoroughly examined, is the result of long experience, and for freights and fares by pooling with any other railroad lines, or steamhas been reached after very many changes. As early as eighteen hun-ships, except under the authority and with the consent of the Board of dred and thirty-nine, a select committee on railways, of the House of Trade. The constitutional provisions as proposed here, as matter of Commons, expressed a strong opinion-and that was the earliest detail, do not approach the severity or the extent of power conferred by intimation that I know of reference to these Boards of Commissioners-Parliament upon the Board of Trade, nor upon the present Railway expressed a strong opinion that a Board would be required to superin- Commissioners. I care not how honest a man may be, he must have tend railways for the purpose of protecting the weak against the strong, other qualifications than honesty to fit him for such duties as these. To and of counteracting the evils incident to monopoly. But there was no put a man in command of a steamship who comes from Iowa, where attempt made at that time to provide that any such Board should inter-salt water is worth five dollars a quart, simply because he is good and fere with railway legislation. Again, in eighteen hundred and forty- honest, would be an absurdity. To take a man unfitted for and one, another committee was appointed by the Commons, to consider untrained in the legal profession, for instance, and turn him loose in an whether it was advisable for the public safety to vest a discretionary intricate action at law, would be ridiculous. To take a man unskilled in power of issuing regulations for the prevention of accidents upon rail- the medical profession and allow him to practice the deviltries of the healways in the Board of Trade, and if so, under what conditions and limi-ing art upon a suffering public, or turn him loose to make a plan of salvatations. This committee, by its report, negatived this proposition, and │tion and build up a system of theology to suit himself, would be a crime.

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