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him, he entered the ranks of the Carlists, among whom he soon became known for his bravery and his cruelty, particularly for the latter. In 1837 he took part in the expedition of Don Carlos against Madrid, on which he received the title of Count of Morella, in consequence of a successful battle at Morella. Espartero, who had command of the Christinos, repulsed the Carlists, whose cause from that time gradually declined. Maroto, the Carlist commander-in-chief, concluded the convention of Vergara, España was murdered, and only Cabrera succeeded in maintaining himself in the mountains of Aragonia. In 1840 he was defeated by O'Donnell, driven to Catalonia, and finally forced on July 6, 1840, to cross the French border. For one year he was a prisoner in the fortress of Ham, then went to Lyons, and from there protested against the resignation of Don Carlos. In 1848 he again tried to carry the standard of revolt into Spain, but was defeated and forced to flee. After the battle of Pastoral, on January 17, 1849, he was driven to France, remained there for a short time, and then went to England, where he married Miss Richards, a very rich lady. In 1850 he sought in vain to bring about complications between the kingdom of Naples and Spain, and, having been expelled from the former country, he retired entirely from the political field, taking no part in the Carlist rising in 1854 against the rule of Espartero and O'Donnell. In the last Carlist war, which came to an end in 1876, he openly took the part of Don Alfonso XII., who confirmed all his titles and dignities which he had received from Don Carlos. The address which he issued to the Carlists, calling upon them to lay down arms, produced but little effect, while Don Carlos had him tried by court-martial, which sentenced him to death in contumaciam. CALIFORNLA. The twenty-first session of the Legislature of California began on the 6th of December, 1875, and continued until April 3, 1876. by the Governor was 585; but scarcely any of these were of special importance. The leading subjects of consideration and discussion were finally left without any practical action. Among these was a general plan of irrigation for the State, reform of the educational system, prevention of what was known as the “land monopoly,” the regulation of agricultural and mining interests, reform in the penal system, and other matters, which occupied a large share of attention, and were the subjects of reports and bills, but of no enactments. The subject of retrenchmentingovernment expenses was referred to a special committee, which made an elaborate report, pointing out wherein the expenditures were extravagant, and could be reduced, but nothing was done either in the appropriations or tax-levy to diminish materially the cost of administration. The question of calling a convention for the revision of the constitution of the State occu
The number of acts approved:
pied considerable attention. The Legislature of 1873–74 had provided for submitting the question to a vote of the people, declaring in the act for that purpose that “a majority of the aggregate vote of the State cast for members of the Legislature being in favor of a convention, said convention shall be deemed to have been called.” The provision of the constitution which relates to calling a convention for its revision uses this language: “If it shall appear that a majority of the electors voting at such election have voted in favor of calling a convention, the Legislature shall, at its next
STATE seal, or callrottni.A.
session, provide by law for calling a convention, to be holden within six months after the passage of such law.” At the election of 1875 a majority of the votes cast upon the proposition for a Constitutional Convention were in favor of it, but the number was much less than a majority of all the votes cast at the same election for other purposes. The question, therefore, arose whether the vote of the people authorized the calling of a convention. A bill for the purpose was introduced in the Senate and referred to the Judiciary Committee. Two reports were made, a minority of the committee recommending that the bill pass, and the majority recommending its indefinite postponement. The minority took the ground that it was the intent of the constitution that a ma-. jority of the electors voting on the proposition for a convention should determine whether it was to be held, and the majority maintained that a majority of the persons voting at the election for any purpose was necessary. The majority report was finally adopted. A bill originating in the Assembly for the same purpose was passed by that body, but defeated in the Senate. An act was passed recommending the electors of the State to vote at the next election on the amendments of the constitution, proposed by the Legislature of 1873–74. The subject of regulating railroads occupied a very large share of attention during the session. No fewer than four bills were introduced and debated at considerable length. They were all referred to a committee, which made an
elaborate report on the general subject of railroad legislation, and recommended the passage of an act, originating in the Senate, known as the “O’Connor bill.” This was passed, and received the approval of the Governor on the 3d of April. It provides that the Governor shall, on or before the 15th of May, 1876, appoint three competent persons as Commissioners of Transportation, who shall be in no way connected with or interested in railroad business, and who shall serve two years, or until their successors are appointed. They must qualify by taking an appropriate oath, and entering into bonds of $10,000 each for the faithful performance of their duties. Each commissioner is to be paid $3,000 per annum, and a secretary may be employed, at a salary of $1,800. It is made the duty of the commissioners to inspect railroads and require them to be kept in a safe condition. All companies are required to file with the commissioners copies of their tariffs of charges, their rules,
regulations, and instructions to employés in force on the 1st of January, 1876, and to make no changes in them. The president, or other executive officer in charge of each railroad company, is required to furnish detailed infor
mation of its affairs, sixty-three items being designated of the information to be given, covering the amount of stock and debts of the road,
cost and equipment, characteristics, operations of the last year, earnings, and expenses. Neglect to furnish this information is made punishable by fine of $100 to $1,000. Authority is given to the commissioners to examine the books and papers and the officers and employés of any
railroad company in order to ascertain its condition and management. In case of dispute the
commissioners may fix the route of any new
line, determine the compensation to be made
by one railroad to another for transportation,
and determine the time-tables, accommoda
tions, etc., required by the public. Awards by
the commissioners are subject to revision in the
county courts, with the right of appeal to the
Supreme Court. Extortion and discrimination
are defined and prohibited under penalties, to
be exacted by the commissioners. The sub
stance of the definition of extortion is demand
ing or receiving more than the regular specified
rates for fare, freight, storage, or delivery, and
discrimination is demanding or receiving more
or less of one person than another for a like
service. The issue of free passes is restricted
to the directors, officers, and employés of the
railroads, with their families, the officers and
agents of other railroads, and of telegraph
companies, destitute persons, the State Com
missioners, and their employés traveling on
official business, public messengers, troops and
persons entitled by existing laws or contracts
to free transportation. There is a penalty of $100 for issuing free passes to others than
those designated. It is made the duty of the
commissioners to investigate violations of the
law and prosecute suits, therefor.
Among the bills which were prominent in the deliberations, but which failed to pass, was one to simplify the school systein, one repeal. ing the compulsory education law, one compelling publishers of libels to make retraction, and one requiring the signature of the writer to be appended to all newspaper articles. Among the other acts passed was one to regulate the practice of medicine, requiring all practitioners to have a diploma, either from some medical institution or from a board of examiners authorized and established by the act; one abolishing the Board of Tide Land Commissioners; one repealing the act to permit the voters of every town or city to vote on the question of granting licenses for the sale of liquor; and one establishing a Society for the Prevention of Cruelty to Children. A committee of the Assembly, appointed to examine into the affairs of the State LandOffice, having reported unfavorably on its administration, a commission was provided to inquire more thoroughly into all matters relating to the sales and disposal of the public lands of the State. Its report was made to the Governor on the 14th of October. This showed that the fees of the office of SurveyorGeneral and Register of the Land-Office from December 4, 1871, to December 6, 1875, amounted to $74,713.36, of which $42,499.97 was unaccounted for. The Surveyor-General during that period claimed to have expended $31,004.07 for extra clerk-hire, maps, certificates, postage, expressage, and traveling-expenses. Allowing these items, there was still $11,211.32 unaccounted for. Besides the fees of the office, there had been expended by it $65,565.60 drawn from the State Treasury. The commission concluded that “lamentable extravagance (to use the mildest possible languare)” had “characterized the official conduct of the ex-Surveyor-General.” The subject of Chinese immigration was taken up by the Legislature and an investigation by a commission of the Senate ordered to take place during the recess. The following resolutions were also adopted: Whereas, It is the duty of the General Government to promote the welfare of its citizens by the enactment of wise laws, and to advance their material interests by treaties of friendship and commerce with foreign nations, § conceding to their subjects such rights as they allow our citizens to enjoy in their territories; and— Whereas, Our present treaty with China grants to her subjects privileges for which in return we receive no corresponding advantages, but which bring to our shores large numbers of her people, many of whom come among us to pursue an immoral vocation, which has made certain quarters of our towns and cities localities where human degradation is seen in its most abhorrent forms; and— Whereas, The laboring element that is brought among us from China by organized companies of capitalists is not of a desirable character as residents, because, owing to the low standard of living on which it can subsist, it deprives our own workingeople of employment in industries which they have earned only by a long apprenticeship; and— Whereas, Pauper wages for our own workingelasses, who have wives and children depending on them for support, result from the maintenance of the treaty with China, which largely contributes to fill our poor-houses and hospitals with unwilling inmates as the only shelter they can obtain from poverty and sickness caused by loss of work; and— Whereas, It is against public policy that under any present pretext whatever encouragement should be given by treaty stipulations, or otherwise, to the immigration of a servile laboring element among us: therefore, be it Resolved by the Senate, the Assembly concurring, That our Senators be instructed, and our Representatives requested, to use their influence to have Articles W. and VI. of our treaty with China modified, so as to discourage the further immigration of Chinese to our shores, by appropriate action on the part of the Federal Government. Resolved, That his Excellency the Governor be requested to forward a copy of the foregoing preamble and resolutions to our Senators and Representatives in Congress at as early a day as possible.
Before the Senate commission entered upon its inquiry, a public meeting was held in San Francisco for the expression of the sentiment of the people on the subject. Governor Irwin addressed the meeting, declaring that the influx of the Chinese threatened a subversion of our civilization and the degradation of American labor. An address was adopted setting forth the extént of Chinese immigration, its effect upon industry, morals, and health, and the necessity of some action to put a check upon it. Among the statements of the address were the following:
Altogether they cannot be made more than in a §. degree amenable to the laws of the several tates they have invaded; they, in effect, constitute a vast secret society, governed by laws and controlled by officials of their own; beyond the reach of the legally constituted authorities of the land, they are for the most part so singularly regardless of the laws of health in their mode of living and so difficult to be brought within sanitary regulations especially as to proper ventilation in their crowde abodes, as to constitute wherever they are found in numbers a startling menace to public health. They will never acquire our language except for the purpose of perfecting themselves for certain employment. Their civilization is not in accordance with ours. Their numbers make them as formidable, and their habits as destructive, as the locusts of Egypt or the grasshoppers of Kansas. We look upon them with fear and alarm. No superiority of race or intelligence can resist such superiority of numbers. They are not of us, and we invoke the protection of the General Government against the invasion now upon us and with which we are threatened. The committee give their denial to the sentimental error that the Chinese are distinguished for the peculiar possession of the virtues of industry and are a law-abiding and inoffensive population. The truth is, that in the city of San Francisco there are not less than ten thousand Chinese belonging to the criminal classes, and number among them the most abandoned and dangerous of criminals: that the are more difficult to manage by the police authorities than the same class among the white people, and are entirely out of the pale of any possible reformation. The committee are informed, upon intelligent Chinese authority, that this class is dangerous, and a constant source of terror to their own people, embracing as it does gamblers, opium-eaters, hangerson upon dens of prostitution, and men of abandoned
and violent character who live upon their countrymen by levying black-mail, and exacting tribute from all classes of Chinese society.
The address closed with the following resolutions, which were adopted by the meeting:
Resolved, That the sentiments embodied in the foregoing address are expressions of the opinion of this assemblage, and in view of the facts therein set forth we earnestly recommend the Congress of the United States to give this matter of Chinese immigration its immediate and earnest attention. Resolved, That the people of California, in their perfect loyalty to the Government and the law, recognize their duty to the Chinese now among us promising them protection and all their rights, an a guarantee of all the privileges to which they are entitled under existing laws. Resolved, That in relation to the continuing immigration of Chinese, we claim the right, from our superior knowledge of the results of this immigration and our observation of its practical workings, and as an intelligent part of the American people, to declare our unalterable hostility to it, to say that the bulk of this immigration is pure and simple peonage. Resolved, That the majority of the immigrants are coolies, in bondage to secret organizations more powerful than our courts, and held in servitude for debt —a slavery only terminable at the will of masters over whom our laws have no control. Resolved, That this system is immoral and brutalizing—worse than African slavery. It involves systematic violation of our State and municipal laws, and is attended by murder, false and forcible imprisonment, perjury, subornation, kidnapping, and the sale of women for the purpose of prostitution. Resolved, That the presence of these people in our midst has a tendency to demoralize society and minister to its worst vices; it aids to corrupt and debauch our youth, and the labor of this servile class comes in direct competition with the labor of American citizens. It degrades industrial occupations, drives white labor from the market, multiplies idlers and paupers, and is a menace to Christian civilization. If these things be true—and we challenge their successful denial—then we have a right to §: mand of Congress that it shall investigate, and then legislate for the abatement of this evil: therefore." Resolved, That the general committee having this meeting in charge shall appoint, the mayor of the city approving, not to exceed five reputable citizens of San Francisco, intelligent upon this Chinese question, who shall, proceed to Washington, and, having submitted this address and these resolutions to the Houses of Congress, shall earnestly urge such legislation as may be necessary to meet the requirements of this occasion.
The Senate commission pursued its investigation for several weeks during the months of April and May, and took a large mass of testimony concerning the character and effects of Chinese immigration. In the latter part of the year a committee of the Federal Senate visited the State for the purpose of inquiring into the same subject. The official reports have not yet been made public.
There was no State election this year, but conventions of the political parties were held for the purpose of appointing delegates to the national conventions. That of the Republicans took place at Sacramento, on the 27th of April. The following resolutions were unanimously adopted:
Resolved, That we have undiminished faith in the integrity of the Republican party of the nation; thit
in its principles, is the only security of national existence, prosperity, and honor. Foloi. That in o the great rebellion, begun and prosecuted by one wing of the Democratic party, countenanced and aided by the other, and in destroying slavery and preserving the nation, the Republican party justly earned the gratitude of the lovers of }. and good government everywhere; yet as a political party it cannot long endure and receive popular support solely on renown already achieved, however brilliant, but must go forw ird and . deal with other questions now demanding consideration, and that among such questions there is none more pressing or important than reform in the civil service of the Government, and the complete extirpation of the spoils system, inaugurated by the Democratic party. lved, That we both admire and ap action of those who have been, and are still, engaged in the prosecution and punishment of official dishonesty; that we are in favor of an economical administration of the Government by honest, faithful, and capable officers. esolved, That the Republican party of California deprecates now, as it has done at all times in the É. the presence among us of hordes of servile !hinese, inimical to our advancement as a nation; that, while the Democratic party has repeatedly resolved against the introduction of these people, it has never taken action to prevent it; that we fully indorse the course of our representatives, to whom is due the credit of the only laws of reform upon this subject; that we are in favor of such a modification of the existing treaty with China as will effectually prevent any further influx of these people into our State. Resolved, That we favor a return to metallic currency, and the restoration of the silver coin of the United States to its constitutional equality with gold as a legal tender. Resolved, That the funded debt of the nation, the principal and interest of which was by law made payable in gold, should be so paid, and that any and every scheme of repudiation, direct or indirect, meets the hearty condemnation of the Republicans of California. Resolved, That the Democracy of this State is not to be trusted as a national party with the possession of the presidential office or of Congress, because of its F.F. to add hundreds of millions to the national debt, for pensions to Confederate soldiers, claims for cotton, legally and justly confiscated, and, in the end, over a thousand millions as compensation for the loss of slaves of the South; the allowance of which would most surely result in another war, since loyal Union men will never oly consent to be taxed to pay treason for its losses.
After the delegates had been appointed, the following additional resolutions were adopted: Resolved, That while the Republican party contains many men who, by their recognized ability and devotion to the o. of the party, have proved themselves worthy of public support and confidence, and capable of filling honorably the highest office in the gift of the people, the Republican party of California especially recognizes in the Hon. James G. Blaine an eminently able and tried exponent of the F.F. of the party, of large experience in public ife, of the purest public and private character, and possessing in a marked degree those personal qualities which would do honor to the office of President of the United States. Resolved, That while thus expressing our preference for the Hon. James G. Blaine, yet, having confidence in the intelligence and patriotism of our delegates to the National Convention, we leave them unembarrassed by instructions, and free to exercise their own deliberate choice in the convention, as the interests of the country may in their judgment seem to demand.
The Democratic Convention was held in San Francisco, on the 24th and 25th of May. A State Central Committee and delegates to the St. Louis Convention were chosen. The platform enunciated the following principles:
1. Fidelity to all the provisions of the Constitution of the United States. 2. The perpetual union of all the States, with local self-government in every section. 3. Civil-service reform and the restoration of the tests of o fidelity, and capacity, in the qualification of public officers. 4. Retrenchment and economy in the Federal, State, and municipal administration, lessening the burdens on labor by the reduction of offices and taxation. 5. The exposure and speedy punishment by penal laws of the corruption and peculation in the administration of public affairs. 6. The private use and appropriation of public funds by official custodians means embezzlement and robbery. Official accountability exacted and enforced by a better administration of the civil and criminal laws. 7. State corporations supervisable by and subordinate to State legislation in the interests of the people. 8. Free schools, exempt from all sectarian control and a free press, accountable for abuses to the civil and criminal laws. 9. The preservation of the public faith and credit, and the honest payment of the public debt. 10. The money of the Constitution, gold and silver, the only legal tender. 11. A tariff for purposes of revenue only. 12. No Chinese immigration. It is so thoroughly obnoxious to our people, and institutions that its prohibition is imperatively demanded, and all the powers of the Government should be exerted to that engi.
A resolution was adopted, declaring that the vote of the State in the National Convention should be cast by a majority of the delegates. Then the following was adopted by acclamation, under a suspension of rules: Whereas, The Hon. Samuel J. Tilden, Governor of the State of New York, by his manly defense of the people against the corrupt schemes of political trick sters, has proved himself to be a true reformer and fit champion of the people, in conflict with official corruption, and by his bold advocacy of the hardmoney circulating medium of our country he has made himself an unobjectionable leader of the Democratic party: therefore, be it Resolved, That his nomination as President of the United States by the National Democratic Convention would be acceptable to the Democratic party of California as a glorious victory in the cause of honest government. A decision was rendered by the Supreme Court of the State on the 11th of February, in the case of the People vs. the Hibernia Savings and Loan Society, to the effect that mortgages and credits are not subject to taxation. The constitution of the State provides that “taxation shall be equal and uniform throughout the State. All property in this State shall be taxed in proportion to its value, to be ascertained as directed by law; but assessors and collectors of town, county, and State taxes shall be elected by the qualified electors of the district, county, or town in which the property taxed for State, county, or town purposes is situated.” The political code of the State requires that all property shall be taxed, and declares that personal property includes “money, goods, chattels, evidences of debt, and things in action.” Judge McKinstry, in delivering the opinion of the court, maintained that “evidences of debt and things in action ” could not be regarded as property within the meaning of the constitution. He said:
That causes of action are dependent on too many contingencies to be capable of appraisement which shall accord with any rule of equality or uniformity of value, is too plain for argument. Yet the constitution requires that all property shall be assessed on the ad valorem principle by local assessors. All property which is visible and tangible is capable of such assessment; choses in action are not. The word “property” has been used in our language in several senses; but in the case in hand we cannot be limited to the meaning given it by the code, but may also-and such is our duty—look for its meaning in the constitution. The constitution provides that no property, as property, shall be taxed, except such as is capable of a valuation by the assessors, which shall be ratably equal and uniform with that affixed to all other property. . . .
It is property in possession or enjoyment, and not merely in right, which must ultimately pay every tax. The Legislature may declare that a cause of action shall be taxed, but a cause of action cannot pay the tax; and this because it has, and can have no value independent of the tangible wealth out of which it may be satisfied. . . .
He who has the property in possession must be taxed on its value, and the value once taxed cannot be retaxed without a violation of the constitutional provision that each value shall be taxed proportionately to the sum of all the values.
The sovereign F. of the people employing the prerogative of taxation regards not the claims of individuals on individuals, but deals with the aggregate, wealth of all;...that which is supposed to be unlimited is here limited by an inexorable law which parliaments cannot set aside, for it is only to the actual wealth that governments can resort, and, that exhausted, !...,'. no other property resource. This is as certain as that a paper promise to pay money is not money. . . .
The facts of the present case do not present any question as to the power of the Legislature to reQuire the payment of a specific sum by way of license for the transaction of a practical business, or the performance of particular acts. The views above expressed remove the objection heretofore resorted to, that the creditor cannot complain if the debtor shall pay a double tax. The creditor can to. complain, because the credit should not be taxed at all, inasmuch as it has no independent value, and therefore cannot be taxed in proportion to such value (as part of the aggregate of value) in the manher required by the constitution.
Judge Miles concurred fully in Judge McKinstry's views. Chief-Justice Wallace and Judge Crockett submitted separate but concurrent opinions. Chief-Justice Wallace said:
This provision of the constitution established the cardinal rule that property taxation in this State should always be imposed upon an ad valorem, as fontradistinguished from a specific basis, and may be paraphrased thus: “All the actual wealth within this State shall be equally burdened with the support of the government.” That “property” as here employed in the constitution, and “actual wealth.” as used in the paraphrase, are synonymous, and that each of them alike excludes mere credits, is believed to be demonstrable. In the nature of things, both the scale of public expenditure indulged and the
consequent degree of taxation necessary for its supply have reference to the actual aggregate wealth of the political community to which government looks for support. . . These habitually vary as the State is popularly said to be comparatively rich or comparatively poor. The Legislature, in making up the budget, must necessarily, therefore, look to the aggregate amount of actual wealth in the hands of the people, and borne upon the tax-rolls. This constitutes the capacity to pay, which it is always indispensable for the statesman to consider. And in considering it, how, it may be asked, can it be supposed that the aggregate wealth of the people—their actual capacity to pay taxes—is at Ali made up of credits—the mere indebtedness owing by individual members of the body politic to others of its members ? An answer would perhaps most ...}}. be found in supposing, were such a thing possible, that the entire tax-rolls exhibited nothing but such indebtedness. , Taxation attempted under such circumstances would of course be wholly fanciful, as having no actual basis for its exercise. It must result, therefore, that mere credits are a false quantity in ascertaining the sum of wealth which is subject to taxation as property, and that, in so far as that sum is attempted to be increased by the addition of those credits, property taxation, based thereon, is not only merely fanciful, but necessarily the unconstitutional imposition of an additional tax upon a portion of the property already once taxed.
Mr. Justice Crockett, speaking of former decisions, said:
I am satisfied, upon more mature deliberation, and in the light of the later and more exhaustive arguments of the questions, that the former rulings on this point cannot be supported. The constitution being the fundamental law, it is of the utmost consequence to the people that its provisions should be properly construed. This is peculiarly true of those provisions relating to the power of taxation—a power more subject to abuse than any other, and which directly affects the interest of every citizen. Whatever weight may be due to the rule of stare decisis, as applied to other subjects, it ought not, in my opinion, to prevent a return to a proper construction of those provisions of the constitution which affect the vital question of taxation. No great property rights have grown up under the former construction, which can be injuriously affected by the change in the rule, and I discoverno sufficient reason for persisting in a construction, the only effect of which, in a large majority of cases, is to inflict upon the borrowers of money an unjust and oppressive system of double taxation. That this is the necessary result of a tax on debts secured by mortgage for money o is, in my opinion, too plain to admit of de