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him, he entered the ranks of the Carlists, pied considerable attention. The Legislature among whom he soon became known for his of 1873–'74 had provided for submitting the bravery and his cruelty, particularly for the question to a vote of the people, declaring in latter. In 1837 lie took part in the expedition the act for that purpose that "a majority of of Don Carlos against Madrid, on which he re- the aggregate vote of the State cast for memceived the title of Count of Morella, in conse- bers of the Legislature being in favor of a conquence of a successful battle at Morella. Es- vention, said convention shall be deemed to partero, who had command of the Christinos, have been called.”. The provision of the conrepulsed the Carlists, whose cause from that stitution which relates to calling a convention time gradually declined. Maroto, the Carlist for its revision uses this language : “ If it shall commander-in-chief, concluded the convention appear that a majority of the electors voting of Vergara, España was murdered, and only at such election have voted in favor of calling Cabrera succeeded in maintaining himself in a convention, the Legislature shall, at its next 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
CALIFORNI from the former country, he retired entirely from the political field, taking no part in the
STATE SEAL OF CALIFORNIA. Carlist rising in 1854 against the rule of Espartero and O'Donnell. In the last Carlist war, session, provide by law for calling a convenwhich came to an end in 1876, he openly took tion, to be holden within six months after the the part of Don Alfonso XII., who confirmed passage of such law.” At the election of 1875 all his titles and dignities which he had re- a majority of the votes cast upon the proposiceived from Don Carlos. The address which tion for a Constitutional Convention were in he issued to the Carlists, calling upon them to favor of it, but the number was much less than lay down arms, produced but little effect, while a majority of all the votes cast at the same Don Carlos bad him tried by court-martial, election for other purposes. The question, which sentenced him to death in contumaciam. therefore, arose whether the vote of the people
CALIFORNIA. The twenty-first session authorized the calling of a convention. A bill of the Legislature of California began on the for the purpose was introduced in the Senate 6th of December, 1875, and continued until and referred to the Judiciary Committee. Two April 3, 1876. The number of acts approved reports were made, a minority of the comby the Governor was 585; but scarcely any of mittee recommending that the bill pass, and these were of special importance. The lead- the majority recommending its indefinite posting subjects of consideration and discussion ponement. The minority took the ground that were finally left without any practical action. it was the intent of the constitution that a ma-. Among these was a general plan of irrigation jority of the electors voting on the proposition for the State, reform of the educational system, for å convention should determine whether it prevention of what was known as the land was to be held, and the majority maintained monopoly," the regulation of agricultural and that a majority of the persons voting at the mining interests, reform in the penal system, election for any purpose was necessary. The and other matters, which occupied a large majority report was finally adopted. A bill share of attention, and were the subjects of originating in the Assembly for the same purreports and bills, but of no enactments. The pose was passed by that body, but defeated in subject of retrenchment in government expenses the Senate. An act was passed recommendwas referred to a special committee, which ing the electors of the State to vote at the next made an elaborate report, pointing out where- election on the amendments of the constituin the expenditures were extravagant, and tion, proposed by the Legislature of 1873–74. could be reduced, but nothing was done either The subject of regulating railroads occupied in the appropriations or tax-levy to diminish a very large share of attention during the sesmaterially the cost of administration.
sion. No fewer than four bills were introduced The question of calling a convention for the and debated at considerable length. They were revision of the constitution of the State occu- all referred to a committee, which made an
elaborate report on the general subject of rail. Among the bills which were prominent in road legislation, and recommended the passage the deliberations, but which failed to pass, was of an act, originating in the Senate, known as one to simplify the school systein, one repealthe “O'Connor bill." This was passed, and ing the compulsory education law, one comreceived the approval of the Governor on the pelling publishers of libels to make retraction, 3d of April. It provides that the Governor and one requiring the signature of the writer shall, on or before the 15th of May, 1876, ap- to be appended to all newspaper articles. point three competent persons as Commission- Among the other acts passed was one to reguers of Transportation, who shall be in no way late the practice of medicine, requiring all connected with or interested in railroad busi- practitioners to have a diploma, either from ness, and who shall serve two years, or until some medical institution or from a board their successors are appointed. They must of examiners authorized and established by qualify by taking an appropriate oath, and en- the act; one abolishing the Board of Tide tering into bonds of $10,000 each for the faith- Land Commissioners; one repealing the act to ful performance of their duties. Each com- permit the voters of every town or city to missioner is to be paid $3,000 per annum, and vote on the question of granting licenses for a secretary may be employed, at a salary of the sale of liquor; and one establishing a So$1,800. It is made the duty of the commis- ciety for the Prevention of Cruelty to Children. sioners to inspect railroads and require them A committee of the Assembly, appointed to to be kept in a safe condition. All companies examine into the affairs of the State Landare required to file with the commissioners Office, having reported unfavorably on its copies of their tariffs of charges, their rules, administration, a commission was provided regulations, and instructions to employés in to inquire more thoroughly into all matters force on the 1st of January, 1876, and to make relating to the sales and disposal of the pubno changes in them. The president, or other lic lands of the State. Its report was made to executive officer in charge of each railroad the Governor on the 14th of October. This company, is required to furnish detailed infor- showed that the fees of the office of Surveyormation of its affairs, sixty-three items being General and Register of the Land Office from designated of the information to be given, cov- December 4, 1871, to December 6, 1875, ering the amount of stock and debts of the road, amounted to $74,713.36, of which $42,499.97 cost and equipment, characteristics, operations was unaccounted for. The Surveyor-General of the last year, earnings, and expenses. Neglect during that period claimed to have expended to furnish this information is made punishable $31,004.07 for extra clerk-lire, maps, certifiby fine of $100 to $1,000. Authority is given to cates, postaze, expressage, and traveling-ex. the commissioners to examine the books and penses. Allowing these items, there was still papers and the officers and employés of any $11,211.32 unaccounted for. Besides the fees railroad company in order to ascertain its con- of the office, there had been expended by it dition and management. In case of dispute the $65,565.60 drawn from the State Treasury. commissioners may fix the route of any new The commission concluded that " lamentable line, determine the compensation to be made extravagance (to use the mildest possible lanby one railroad to another for transportation, guage)" had characterized the official conand determine the time-tables, accommoda- duct of the ex-Surveyor-General.” tions, etc., required by the public. Awards by The subject of Chinese immigration was the commissioners are subject to revision in the taken up by the Legislature and an investigacounty courts, with the right of appeal to the tion by a commission of the Senate ordered Supreme Court. Extortion and discrimination to take place during the recess. The following are defined and prohibited under penalties, to resolutions were also adopted : be exacted by the commissioners. The sub Whereas, It is the duty of the General Government stance of the definition of extortion is demand- to promote the welfare of its citizens by the enacting or receiving more than the regular specified ment of wise laws, and to advance their material inrates for fare, freight, storage, or delivery, and terests by treaties of friendship and commerce with discrimination is demanding or receiving more rights as they allow our citizens to enjoy in their or less of one person than another for a like territories; and service. The issue of free passes is restricted Whereas, Our present treaty with China grants to to the directors, officers, and employés of the her subjects privileges for which in return we rerailroads, with their families, the officers and bring to our shores large numbers of her people, agents of other railroads, and of telegraph many of whom come among us to pursue an immoral companies, destitute persons, the State Com- vocation, which has made certain quarters of our missioners, and their employés traveling on towns and cities localities where human degradation official business, public messengers, troops and is seen in its most abhorrent forms; and, persons entitled by existing laws or contracts among us from China by organized companies of
Whereas, The laboring element that is brought to free transportation. There is a penalty of capitalists is not of a desirable character as resi$100 for issuing free passes to others than dents, because, owing to the low standard of living those designated. It is made the duty of the on which it can subsist, it deprives our own workingcommissioners to investigate violations of the people of employment in industries which they liave
learned only by a long apprenticeship; andlaw and prosecute suits, therefor.
Whereas, Pauper wages for our cwn working
classes, who have wives and children depending on and violent character who live upon their countrythem for support, result from the maintenance of the men by levying black-mail, and exacting tribute from treaty with China, which largely contributes to fill all classes of Chinese society. our poor-bouses and hospitals with unwilling inmates as the only shelter they can obtain from pov
The address closed with the following resoerty and sickness caused by loss of work; and lutions, which were adopted by the meeting:
iPheres, It is against public policy that under any present pretext whatever encouragement should be
Resolved, That the sentiments embodied in the given by treaty stipulations, or otherwise, to the im- foregoing address are expressions of the opinion of migration of a servile laboring element among us: this assemblage, and in view of the facts therein set therefore, be it
forth we earnestly recommend the Congress of the Resolved by the Senate, the Assembly concurring, United States to give this matter of Chinese immiThat our Senators be instructed,
and our Represent? gration its immediate and earnest attention. atives requested, to use their intiuence to have Ar Resolved, That the people of California, in their ticles V. and VI. of our treaty with China modified, so perfect loyalty to the Government and the law, recas to discourage the further immigration of Chinese ognize their duty to the Chinese now among us, to our shores, by appropriate action on the part of promising them protection and all their rights, and the Federal Government.
a guarantee of all the privileges to which they are Resolved, That his Excellency the Governor be re
entitled under existing laws. quested to forward a copy of the foregoing preamble
Resolved, That in relation to the continuing immiand resolutions to our Senators and Representatives gration of Chinese, we claim the right, from our suin Congress at as early a day as possible.
perior knowledge of the results of this immigration
and our observation of its practical workings, and as Before the Senate commission entered upon an intelligent part of the American people to deits inquiry, a public meeting was held in San bulk of this immigration is pure and simple peonage. Francisco for the expression of the sentiment Resolved, That the majority of the immigrants are of the people on the subject. Governor Irwin coolies, in bondage to secret organizations more powaddressed the meeting, declaring that the influx erful than our courts, and held in servitude for debt of the Chinese threatened a subversion of our -a slavery only terminable at the will of masters civilization and the degradation of American over
whom our laws have no control.
Resolved, That this system is in moral and brutallabor. An address was adopted setting forth izing-worse than African slavery, It involves systhe extent of Chinese immigration, its effect tematic violation of our State and municipal laws, upon industry, morals, and health, and the ne- and is attended by murder, false and forcible imcessity of some action to put a check upon it. prisonment, perjury, subornation, kidnapping, and Among the statements of the address were the the sale of women for the purpose of prostitution.
Resolved, That the presence of these people in our following:
midst has a tendency to demoralize society and minAltogether they cannot be made more than in a bauch our youth, and the labor of this servile class
ister to its worst vices; it aids to corrupt and departial degree amenable to the laws of the several comes in direct competition with the labor of AmeriStates they have invaded; they, in effect, constitute a vast secret society, governed by laws and con- drives white labor from the market, multiplies idlers
can citizens. It degrades industrial occupations, trolled by officials of their own; beyond the reach and paupers, and is a menace to Christian civilizaof the legally constituted authorities of the land, tion. If these things be true and we challenge they are for the most part so singularly regardless their successful denial—then we have a right to deof the laws of health in their mode of living and so difficult to be brought within sanitary regulations, legislate for the abatement of tliis evil: therefore,
mand of Congress that it shall investigate, and then especially as to proper ventilation in their crowded abodes, as to constitute wherever they are found in meeting in charge shall appoint, the mayor of the
Resolved, That the general committee having this numbers a startling menace to public health.
They will never acquire our language except for city approving, not to exceed five reputable citizens the purpose of perfecting themselves for certain em- question, who shall proceed to Washington, and, ployment. Their civilization is not in accordance Having submitted this address and these resolutions with ours. Their numbers make them as formi- to the Houses of Congress, shall earnestly urge such dable, and their habits as destructive, as the locusts legislation as may be necessary to meet the requireof Egypt or the grasshoppers of Kansas.
We look upon them with fear and alarm. No su- ments of this occasion. periority of race or intelligence can resist such su
The Senate commission pursued its investiperiority of numbers. They are not of us, and we invoke the protection of the General Government gation for several weeks during the months of against the invasion now upon us and with which we April and May, and took a large mass of testiare threatened.
mony concerning the character and effects of The committee give their denial to the sentimental Chinese immigration. In the latter part of the error that the Chinese are distinguished for the pe- year a committee of the Federal Senate visited a law-abiding and inoffensive population. The the State for the
purpose of inquiring into the truth is, that in the city of San Francisco there are same subject. The official reports have not not less than ten thousand Chinese belonging to the yet been made public. criminal classes, and number among them the most There was no State election this year, but abandoned and dangerous of criminals: that they are more difficult to manage by the police author conventions of the political parties were held ties than the same class among the white people, for the purpose of appointing delegates to the and are entirely out of the pale of any possible refor national conventions. That of the Republi. mation.
cans took place at Sacramento, on the 27th of The committee are informed, upon intelligent Chinese authority, that this class is dangerous, and April. The following resolutions were unani
constant source of terror to their own people, em- monsly adopted : bracing as it does gamblers, opium-eaters, hangers Resolved, That we have undiminished faith in the on upon dens of prostitution, and men of abundoned integrity of the Republican party of the nation; that
in its principles is the only security of national ex The Democratic Convention was held in San istence, prosperity, and honor.
Francisco, on the 24th and 25th of May. A Resolved, That in suppressing the great rebellion, begun and prosecuted by one wing of the Demo: State Central Committee
and delegates to the cratic party, countenanced and aided by the other, St. Louis Convention were chosen.
The platand in destroying slavery and preserving the nation form enunciated the following principles: the Republican party justly earned the gratitude of
1. Fidelity to all the provisions of the Constituthe lovers of liberty and good government every- tion of the United States. where; yet as a polítical party it cannot long endure and receive popular support solely on renown al- self-government in every section.
2. The perpetual union of all the States, with local ready achieved, however brilliant, but must go for
3. Civil-service reform and the restoration of the wird and courageously deal with other questions tests of honesty, fidelity, and capacity, in the qualinow demanding consideration, and that among such fication of public officers. questions there is none more pressing or important 4. Retrenchment and economy in the Federal, than reform in the civil service of the Government, State, and municipal administration, lessening the and the complete extirpation of the spoils system, in- burdens on labor by the reduction of offices and augurated by the Democratic party.
taxation. Resolved, that we both admire and approve the action of those who have been, and are still. engaged laws of the corruption and peculation in the ad
5. The exposure and speedy punishment by penal in the prosecution and punishment of official dis- ministration of public affairs. honesty; that we are in favor of an economical
6. The private use and appropriation of publie administration of the Government by honest, faith- funds by official custodians means embezzlement ful, and capable officers. Resolved, That the Republican party of California enforced by a better administration of the civil and
and robbery. Official accountability exacted and deprecates now, as it has done at all times in the criminal laws. past, the presence among us of hordes of servile
7. State corporations supervisable by and suborChinese, inimical to our advancement as a nation; dinate to State legislation in the interests of the that, while the Democratic party has repeatedly re
people. solved against the introduction of these people, it
8. Free schools, exempt from all sectarian control, has never taken action to prevent it; that we fully and a free press, accountable for abuses to the civil indorse the course of our representatives, to whom and criminal laws. is due the credit of the only laws of reform upon this subject ; that we are in favor of such a modifi- and the honest payment of the public debt.
9. The preservation of the public faith and credit, cation of the existing treaty with China as will effectually prevent any further influx of these people ver, the only legal tender.
10. The money of the Constitution, gold and silinto our State. Resolved, That we favor a return to metallic cur
11. A tariff for purposes of revenue only.
12. No Chinese immigration. It is so thoroughly rency, and the restoration of the silver coin of the obnoxious to our people and institutions that its United States to its constitutional equality with gold prohibition is imperatively demanded, and all the as a legal tender.
Resolved, That the funded debt of the nation, the powers of the Government should be exerted to that principal and interest of which was by law made payable in gold, should be so paid, and that any and A resolution was adopted, declaring that the every scheme of repudiation, direct or indirect, vote of the State in the National Convention meets the hearty condemnation of the Republicans should be cast by a majority of the delegates. of California.
Resolved, That the Democracy of this state is not Then the following was adopted by acclamato be trusted as a national party with the possession tion, under a suspension of rules: of the presidential office or of Congress, because of Whereas, The Hon. Samuel J. Tilden, Governor of its purpose to add hundreds of millions to the the State of New York, by his manly defense of the national debt, for pensions to Confederate soldiers, people against the corrupt schemes of political trick claims for cotton, legally and justly confiscated, and, sters, has proved himself to be a true reformer and in the end, over a thousand millions as compensation fit champion of the people in conflict with official for the loss of slaves of the South; the allowance of corruption, and by his bold advocacy of the hardwhich would most surely result in another war, since money circulating medium of our country, he has loyal Union inen will never peaceably consent to be made himself an unobjectionable leader of the Demtaxed to pay treason for its losses.
ocratic party: therefore, be it After the delegates had been appointed, the Resolved, That his nomination as President of the following additional resolutions were adopted: tion would be acceptable to the Democratic party of
United States by the National Democratic ConvenResolved, That while the Republican party con- California as a glorious victory in the cause of hontains many men who, by their recognized ability and
est government. devotion to the principles of the party, have proved themselves worthy of public support and confidence, A decision was rendered by the Supreme and capable of filling honorably the highest office in Court of the State on the 11th of February, the gift of the people, the Republican party of Cali- in the case of the People vs. the Hibernia Savfornia especially recognizes in the Hon. James G. Blaine an eminently able and tried exponent of the ings and Loan Society, to the effect that mortprinciples of the party, of large experience in public gages and credits are not subject to taxation. life, of the purest public and private character, and The constitution of the State provides that possessing in a marked degree those personal quali- “taxation shall be equal and uniform throughties which would do honor to the office of President out the State. All property in this State shall of the United States.
Resolved, That w' ile thus expressing our prefer- be taxed in proportion to its value, to be ascerence for the Hon. James G. Blaine, yet, having con- tained as directed by law; but assessors and fidence in the intelligence and patriotism of our collectors of town, county, and State taxes delegates to the National Convention, we leave them shall be elected by the qualified electors of the their own deliberate choice in the convention, as district, county, or town in which the property the interests of the country may in their judgment taxed for State, county, or town purposes is seem to demand.
situated." The political code of the State re
quires that all property shall be taxed, and consequent degree of taxation necessary for its supdeclares that personal property includes "mon- ply have reference to the actual aggregate wealth of ey, goods, chattels, evidences of debt, and things for support. These habitually vary as the State is
the political community to which government looks in action.” Judge McKinstry, in delivering popularly said to be comparatively rich or comparathe opinion of the court, maintained that “evi- tively poor, dences of debt and things in action" could
The Legislature, in making up the budget, must not be regarded as property within the mean- of actual wealth in the hands of the people, and
necessarily, therefore, look to the aggregate amount ing of the constitution. He said:
borne upon the tax-rolls. This constitutes the caThat causes of action are dependent on too many pacity to pay, which it is always indispensable for contingencies to be capable of appraisement which the statesman to consider. And in considering it, shall accord with any rule of equality or uniformity how, it may be asked, can it be supposed that the of value, is too plain for argument. Yet the con- aggregate wealth of the people—their actual capacistitution requires that all property shall be assessed ty to pay taxes-is at all made up of credits-the on the ad valorem principle by local assessors. All mere indebtedness owing by individual members of property which is visible and tangible is capable the body politic to others of its members ? of such assessment; choses in action are not. 'The An answer would perhaps most readily be found word " property" has been used in our language in in supposing, were such a thing possible, that the several senses; but in the case in hand we cannot
entire tax-rolis exhibited nothing but such indebtedbe limited to the meaning given it by the code, ness., Taxation attempted under such circumstances but may also-and such is our duty-look for its would of course be wholly fanciful, as having no meaning in the constitution. The constitution actual basis for its exercise. provides that no property, as property, shall be
It must result, therefore, that mere credits are a taxed, except such as is capable of a valuation by false quantity in ascertaining the sum of wealth which the assessors, which shall be ratably equal and uni- is subject to taxation as property, and that, in so form with that affixed to all other property.
far as that sum is attempted to be increased by the It is property in possession or enjoyment, and not addition of those credits, property taxation, based merely in right, which must ultimately pay every thereon, is not only merely fanciful, but necessarily tax. The Legislature may declare that a cause of the unconstitutional imposition of an additional tax action shall be taxed, but à cause of action cannot upon a portion of the property already once taxed. pay the tax; and this because it has, and can have, no value independent of the tangible wealth out of
Mr. Justice Crockett, speaking of former dewhich it may be satisfied. . .
cisions, said: He who has the property in possession must be taxed on its value, and the value once taxed cannot in the light of the later and more exhaustive argu
I am satisfied, upon more mature deliberation, and be retaxed without a violation of the constitutional provision that each value shall be taxed proportion- ments of the questions, that the former rulings on this ately to the sum of all the values.
point cannot be supported. The constitution being The sovereign power of the people employing the fundamental law, it is of the utmost consequence the prerogative of taxation regards not the claims to the people that its provisions should be properly of individuals on individuals, but deals with the construed. This is peculiarly true of those proaggregate wealth of all; that which is supposed visions relating to the power of taxation–4 power to be unlimited is here 'limited by an inexorable more subject to abuse than any other, and which law which parliaments cannot set aside, for it is directly affects the interest of every citizen. Whatonly to the actual wealth that governments can re
ever weight may be due to the rule of stare decisis, sort, and, that exhausted, they have no other prop. ion, to prevent a return to a proper construction of
as applied to other subjects, it ought not, in my opinerty resource. Th is as certain as that a paper those provisions of the constitution which affect promise to pay money is not money.
The facts of the present case do not present any rights have grown up under the former construction, quire the payment of a specific sum by way of which can be injuriously affected by the change in license for the transaction of a practical business, or the rule, and I discover no sufficient reason for perthe performance of particular acts. The views sisting in a construction, tủe only effect of which, in above expressed remove the objection heretofore
a large majority of cases, is to inflict upon the borresorted to, that the creditor cannot complain if the of double taxation. That this is the necessary result
rowers of money an unjust and oppressive system debtor shall pay a double tax. The creditor can always complain, because the credit should not be of a tax on debts secured by mortgage for money taxed at all, inasmuch as it has no independent value, loaned is, in my opinion, too plain to admit of deand therefore cannot be taxed in proportion to such
bate. value (as part of the aggregate of value) in the man Mr. Justice Rhodes dissented from these opinner required by the constitution.
ions and from the judgment of the court, which Judge Miles concurred fully in Judge McKin- reversed the decision of the lower court and stry's views. Chief-Justice Wallace and Judge remanded the case. Crockett submitted separate but concurrent The following industrial and commercial opinions. Chief-Justice Wallace said: statistics of California, for 1875, were received
This provision of the constitution established too late for the last volume of this work: the cardinal rule that property taxation in this State
Quantity should always be imposed upon an ad valorem, as contradistinguished from a specific basis, and may Wheat and four exports
9,000,000 be paraphrased thus: "All the actual wealth within Gold and silver...
$90,000,000 this State shall be equally burdened with the sup- Coinage of San Francisco Mint. $32.069,000 port of the government." That “property" as bere Lumber.....
362,000,000 feet. employed in the constitution, and “ actual wealth"
43,500,000 pounds. as used in the paraphrase, are synonymous, and that
5,000,000 gallor.s. each of them alike excludes mere credits, is believed Exports of merchandise by sea
44,000 flasks. to be demonstrable. In the nature of things, both Tonnage movement of Central Pacific
$30,455,000 the scale of public expenditure indulged and the Railroad..