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Amendments to the Constitution and proposed statutes : with arguments ... online

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constitution In accord with our educational and
economical advancement, that the question is
submitted to them for decision.

W. A. Sutherland,
Assemblyman Fifty-first District.

ARGUMENT AGAINST ASSEMBLY CONCUR-
RENT RESOLUTION NO. 17.

Let us admit that the ideal state constitution
is a brief, concise statement of fundamental prin-
ciples ; also that our present constitution Is long,
cumbered with legislative matter, and contains
unwise restrictions upon legislative power.

It Is, nevertheless, unwise to vote at present
for a constitutional convention. There Is abso-
lutely no popular demand, and mighty little of
any sort, for a new constitution at this time.
By frequent amendment, the state Is getting on
fairly well under the present constitution.

There Is no likelihood whatever that this con-
vention would frame an approximately Ideal con-
stitution. There is absolutely no agreement even
among advocates of a new constitution as to the
"fundamental principles" to be incorporated
therein.

California Is now trying out many new govern-
mental policies. Their opponents say these are
due to temporary hysteria. Their advocates are
sure the fundamental principles Involved are per-
manent Whichever Is right, the political unrest
of the present is not a propitious time In which
to frame a new "brief, concise" constitution
which shall approach the finality talked of by
advocates of a new one. Nor can there be any
assurance that the constitution adopted would be
less frequently amended than the present one.

Unwise or not, the present tendency Is toward
long constitutions. Since the adoption of Cali-
fornia's in 1879, twenty-one other states have
digitized by V^ Thlrtj-<nM



adopted new or revised constitutions. Califor-
nia's was shorter than the average, and abso-
lutely . Shorter than the majority of these.

The action of the California Bar Association at
itfl annual meetlngr in November, 1913, upon this
qll66tion, is most significant. The association is
composed of representative lawyers throughout
the state, and of all shades of political opinion.
The matter was thoroughly considered, with the
result of a vote of 44 to 5 against the conven-
tion. By such vote, it was, ''Resolved, that the
California Bar Association, In annual meeting
assembled, recommends to the people at large to
vote against calling a convention to revise the
present constitution." (See the published pro-
ceedings for full discussion.)

Even those who believe that a new constitution
is desirable in the near future should now vote
"Against the Convention." For, before any such
convention Is held, there should be an amend-
ment adopted changing both the method of choos-
ing its members and the powers conferred upon



it ; otherwise, its work can be fully expected to
be futile, and the expense wasted.

The necessary changes are set out In detail
in the argument (printed elsewhere In this
pamphlet) for the adoption of Assembly Consti-
tutional Amendment No. 88, which will also be
voted on at this November election. Its adoption
must necessarily remain In doubt till after the
election. Hence it is folly to vote "For the Con-
vention" on the unwarranted assumption that thli
needed amendment will be adopted.

Vote "Against the Convention" because:

First — There is no general demand for a new
constitution.

Second — The probable expense will be close to
a million dollars.

Third — The method of selecting and the powers
of such a convention should first be changed.

Fourth — ^No constitution greatly improving tlw
present one can be expected at this time.

Wm. C. Clark,
Assemblyman Thirty-seventh District



SACRAMENTO STATE BUILDINa BONDS.

FOR THE STATE'S BUILDINGS BONDS. [ ]

This act provides for the issuance and sale of state bonds in the sum of $8,0(X),000 for addi-
ditional state buildings in Sacramento, payable in fifty years, and bearing interest at four per cent
AGAINST THE STATE BUILDINGS BONDS. [ ]



An act to provide for the issuance and sale of state bonds to
be known as "state building bonds," to provide a fund for
the erection and equipment of state buildings in the city
of Sacramento for state purposes, creating a commission to
determine the amount to be expended for furnishing and
equipping said buildings and accepting a suitable site,
creating a sinking and interest fund for the payment of
interest on said bonds and the redemption of the same,
making an appropriation therefor, making an appropriation
of five thousand dollars for the expenses of printing and
lithographing said bonds and providing for the submission
of this act to a vote of the people.
Tbt people of the State of Calif omia do enact as follows:

Section 1. For the purpose of creating and providing a fund
for the indebtedness hereby authorized to be incurred, as here-
inafter provided, the state treasurer shall Immediately after the
issuance of the proclamation of the governor, provided for in
section ten hereof, prepare six thousand suitable bonds of the
State of California, in the denomination of five hundred dol-
lars each. The whole Issue of said bonds shall not exceed the
sum of three million dollars, and said bonds shall bear interest
at the rate of four per centum per annum from the date of
issuance thereof, and both principal and interest shall be pay-
able in gold coin of the present standard of value, and they
shall be payable at the office of the state treasurer, at the
expiration of fifty years from their date. Said bonds shall
bear date the second day of July, 1915, and shall be payable
on the second day of July, 1965. The interest accruing on
sueh of said bon(^ as are sold shall be due and payable at
the office of the state treasurer on the second day of January
and on the second day of July of each year after the sale of
the same. At the expiration of fifty years from the date of
said bonds all bonds sold shall cease to bear Interest, and the
state treasurer shall call in, forthwith pay and cancel the
same out of the moneys in the sinkhig and interest fund provided
for in ttds act. All bonds issued shall be signed by the gov-
ernor, and countersigned by the controller, and shall be en-
dorsed by the state treasurer, and the said bonds shall be so
signed, coimtersigned, and endorsed by the officers who are in
dfice on the second day of July, 1915, and each of said bonds
shall have the seal of the state impressed thereon. The said
bondft signed, countersigned, endorsed and sealed as herein
provided when sold shall be and constitute a valid and binding
obligation upon the State of California, though the sale thereof
be made at a date or dates after the person signing, counter-
signing and endorsing, or any^ or either of them, shall have
eeased to be the incumbents of such office or offices.

Sec. 2. Interest coupons shall be attached to each of said
bonds, so that such coupons may be removed without injury to
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or mutilation of the bond. Said bonds shall be eonseeutivelr
numbered, and shall bear the lithogn^^hed signature of tbe
state treasurer vrho shall be in office on the second day of
July, 1915. But no interest on any of said bonds shall be
paid for any time which may intervene between the date of
any of said bonds and the issue and sale thereof to a purduser,
unless such accrued interest shall have bem, by the purchaser
of said bond, paid to the state at the time of such sale.

Sec. 3. The sum of five thousand dollars is hereby appro-
priated out of any moneys in tbe state treasury not otbenriae
appropriated to pay the expenses that may be incurred by the
state treasurer In having said bonds prepared.

Sec. 4. When the bonds authorized to be issued under this
act shall be duly executed, they shall be sold by the state
treasurer at public auction to the liighest bidder for cash in
such parcels and numbers as shall be directed by the govenior
of the state; but the state treasura* must reject any and all
bids for said boids, or for any of them, which shall be belor
the par value of said bonds so offered plus the interest wMdi
has accrued thereon between the date of sale and the last Ilr^
ceding interest maturity date and he may, by public annomux-
ment, at the place and time fixed for the sale, continue sodi
sale, as to the whole of the bonds offered, or any part tbtnd
offered, to such time and place as he may select. When t
sale is continued, as hereinabove provided, no notice need be
given other than the public announcement of the continuance,
as hereinabove provided. Before offering any of said booih
for sale, the said treasurer shall detach therefrom all coupott
which have matured before the date fixed for such sale. Doe
notice of the time and place of sale of all bonds must be gim
by said treasurer by publication in one newspaper published in
the city and county of San Francisco, and also by publlcaUoo
in one newspapo* published in the city of Oakland, and br
publication in one newspaper published in the dty of Lof
Angeles, and by publication in one newspaper pubUsbed Id
the city of Sacramento, once a week during four weeks prior ts
such sale. In addition to the notice last above provided fcr
the state treasurer must give such furUier notice as h3 nif
deem advisable, but the expenses and costs of such addHtional
notice shall not exceed five hundred dollars for each sale si
advertised. The costs of such publications shall be paid out
of any moneys in the State treasury not otherwise approprUtd
on controller's warrants duly drawn for such purpose. Hk
proceeds of the sale of such bonds, except such amoont «
may have been paid as accrued interest thereon, shall be forth-
with paid over by said treasurer into the state treasivy, tsA
must be by him kept in a separate fund, to be known vA
designated as the "state buildings fund" which fund is berelv
established. Any and all sums which may hive been paid u



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ktcruefi interest shall be forthwith paid over by said treasurer
Into the state treasury, and must be by him kept in a separate
fund to be known and designated as the "state buildings sink-
ing and interest fund/' which fund is hereby established.

Sec. 5. Any and all moneys derived from the sale of the
soods provided f or 1a thia act are hereby appropriated and
ihall be used axalusiyely for the following purpose tp vlt:

The eonstructiog and equipping of state buildings in the
rity of SacrameotOt State of California, for the various offlcov
)oards and commissions of the state, at a cost pot to exceed
he total sum of three million dollars, su^ portion of said
ma of three million dollars to be used for the furnishing and
(quipping of said state buildings as may be determined by a
K)ard consisting of the governor, the presiding justice of the
upreme court, and the state librarian, which board for such
purpose is hereby created; provided, however, that no moneys
rovided for by this act shall be used for sudi purpose until a
lie suitable for such purpose, and acceptable to the state
loard last above created, shall be donated or given to the state,
he title thereto to be free and clear of all liens and encum-
irances; the number of buildhigs and their location on the
ands to be donated shall be determined by said board in this
ubdivision of this section mentioned; the plans and speciflca-
ioDS for said buildings, and each of the same, shall be pre-
pared under the direction and control of said board in this
lobdivisioa of this section provided for.

Sec. 6. There is hereby appropriated out of any moneys in
he state treasury not otherwise appropriated, the sum of
ifty thousand (50,000) dollars annually, to pay the principal
)f the bonds issued and sold pursuant to the provisions of
ihis act. Said annual iM[>propriation to continue until the
tame, together with the accrued interest on the investment
;hereof, shall be sufficient to pay the principal of said bonds
It the maturity thereof.

There is also hereby appropriated from any moneys in the
rtate treasury not otherwise appropriated such sum annually as
irill be necessary to pay the Interest on the bonds issued and
(old pursuant to the provisions of this act.

There shall be collected annually in the same manner and
tt the same time as other state revenue is collected such a
turn, in addition to the other revenues of the state, as shall
)e required to pay the principal and interest on said bonds as
lerein provided and it is hereby made the duty of all officers
iiarged by law with any duty in regard to the collection of
utid revenue to do and perform each and every act which shall
K necessary to collect such additional sum.

On the 2d day of January and on the 2d day of July of
iach year, after the sale of any bonds as herein provided for,
he state treasurer and state controller shall transfer from the
Qoneys hereby appropriated to the state buildings sinking and
nterest fund, a sufficient sum of money to pay all interest due
ind payable on any bonds sold and said transfer shall continue
o be so made up to the date of maturity of such bonds and
t shall be the duty of the state treasurer to pay the same when
he same falls due. On the first Monday in July of each year,
ifter the sale of any of the bonds as in this act provided the
tate controller and state treasurer are hereby authorized and
Brected to transfer the moneys hereby appropriated for the
ayment of the principal of said bonds to the said state
uildings sinkhig and interest fund. The moneys so transferred



to the said state buildings sinking and Interest fund for the
payment of the principal of said bonds, shall be invested from
time to time by the state treasurer in United States or state
bonds. All interest payable on such bonds so invested shall
be PAid into the said state buildings sinkiog and interest fund
and be applied and held for the payment of the pripclpal of
said bonds or reinvested iQ other bonds for the payment of
such principal, as herein provided.

The principal of all of said bonds sold shall be paid at the
time the same becomes due, from the "state buildings sinking
and interest fund" and the interest on all bonds sold shall be
paid at the time said interest becomes due from said fund and
the faith of the State of California is hereby pledged for the
payment of the principal of said bonds so sold and the
interest accruing Uiereon.

The state controller and the state treasurer shall keep full
and particular account and record of all their proceedings under
this act, and they shall transmit to the governor an abstract of
all such proceedings thereunder, with an annual report, to be by
the governor laid betoK the legislature biennially; and all boots
and papers pertaining to the matter provided for in this act shall
at all times be open to the inspection of any party interested, or
the governor, or the attorney general, or a committee of either
branch of the legislature, or a joint committee of both, or any
citizen of the state.

Sec. 7. When the bonds provided for by this act are re-
deemed, the state treasurer shall mark the same cancelled, and
shall, in the presence of the governor destroy the same by burning
the said bonds.

Sec. 8. This act, if adopted by the people, shall take effect
on the thirty-first day of December, 1914, as to all its pro-
visions excepting those relating to and necessary for its sub-
mission to the people, and for returning, canvassing and
proclaiming the votes, and as to said excepted provisions this
act shall go into effect ninety days after the final adjournment
of the session of the legislature passing the same.

Sec. 9. This act shall be submitted to the people of the
State of California for their ratification at the next gener^
election to be holden in the month of November, nineteen
hundred and fourteen, and all ballots at said election shall
have printed thereon the words "For the state's buildings
bonds" and such other designation as may be necessary to
properly identify this act. In a square immediately below the
square containing said words there shall be printed on said
ballot the words "Against the state buildings bonds." Opposite
the words "For the state buildings bonds" and "Against the
state buildings bonds," there shall be left spaces in which the
voters may make or stamp a cross to indicate whether they vote
for or against this act, and those voting for said act shall do so
by placing a cross opposite the words "For the state buildings
bonds" and those voting against said act shall do so by placing
a cross opposite the words "Against the state buildings bonds."
The governor of this state shall include the submission of this act
to the people as aforesaid, in his proclamation calling for said
general election.

Sec. 10. The votes cast for or against this act shall be
counted, returned and canvassed and declared in the same manner
and subject to the same rule as votes cast for state officers; and
if It appear that said act shall have received a majority of all the
votes cast for and against it at said election as aforesaid, then
the same shall have effect as hereinbefore provided, and shall be
irrepealable until the principal and interest of the liabilities
herein created shall be paid and discharged, and the governor
shall make proclamation thereof; but if the majority of the votes
cast aforesaid are against this act then the same shall be and
become void.



SAN FRANCISCO STATE BUILDING ACT.

(Issue not to exceed 11,000,000.)
•OR THE SAN FRANCISCO STATE BUILDING ACT. [ ]

This act provides for the issuance and sale of state bonds to create a fund for the construction,
rectlon, equipment, completion and furnishing of a state building or buildings upon a lot of land in
he city and county of San Francisco, to be used by the officers and departments of the state which
.re located in said city and county of San Francisco.
VGAINST THE SAN FRANCISCO STATE BUILDING ACT. [ ]

This act provides for the issuance and sale of state bonds to create a fund for the construction,
rectlon, equipment, completion and furnishing of a state building or buildings upon a lot of land in
he city and county of San Francisco, to be used by the officers and departments of the state which
.re located In said city and county of San Francisco.



An act to prtndds for the issuance and sale of state bonds to
reate a fund fv the caostruetioo, erection, equipment, com-
letioo and furnishing of a state building or buildings upon a
)t of land In the city and county of San Francisco, to be uaed
y tbe officers and departments of the state which are located



in said city and county of San Frandseo, which lot of land has
been secured from the city and county of San EVanclsco in ex-
diange for the lot heretofore purchased by the state for said
purposes; and to create a sinking fund for the payment of said
bonds; and defining the duties of state officers in relation there-

Thlrty-three



to; and making an api)roprlation of one thousand dollars for the
printing and sale of said bonds; and providing for the sub-
mission of this act to the vote of the people.
The people of the State of California do enact as follows:

Section 1. For the purpose of providing a fund for the
payment of the indebtedness authorized to be incurred by the
commission for the construction, erection, equipment, com-
pletion and furnishing of a state building or buildings in the
city and county of San Francisco as provided in an act entitled
"An act to pronde for the construction, erection, equipment
and furnishing of a building or buildings in the city and
county of San Francisco and for the improvement of the grounds
thereof for the use and occupancy of the officera and depart-
ments of the state government of the State of California
located in said city and county of San Francisco, and repealing
other acts in conflict herewith," the state treasurer shall, im-
mediately after the issuance of the proclamation of the gov-
ernor, provided for in section ten hereof, prepare one thousand
suitable bonds of the State of California in the denomination
of one thousand dollars each, to be numbered from one to
one thousand, inclusive, and to bear the date of the second
day of July, 1915; the whole issue of said bonds shall not
exceed the sum of one million dollars and the said bonds shall
bear interest at the rate of four per cent per annum from the
time of the Issuance thereof, and both principal and interest
shall be payable in gold coin of the present standard value
and they shall be payable at the office of the state treasurer
at the times and in the manner following, to wit: The first
twenty of said bonds shall be due and payable on the second
day of July, 1916, and twenty of said bonds, in consecutive
numerical order, shall be due and payable on the second day of
July in each and every year thereafter until and including the
second day of July, 1965. The interest accruing on such of
said bonds as are sold shall be due and payable at the office
of the state treasurer on the second day of January and on
the second day of July of each year after the sale of the
same; provided, that the first payment of interest shall be
made on the second day of January, 1916, on so many of said
bonds as may have been theretofore sold. The state treasurer
shall, on the second day of July, A. D. 1965, call in, cancel
and destroy all bonds not theretofore sold and issued at the
date of the maturity thereof. All bonds issued shall be
signed by the governor and countersigned by the state con-
troller and shall be endorsed by the state treasurer and the
said bonds shall be so signed, countersigned and endorsed by
the officers who are in office on the second day of July, 1915,
and each shall have the seal of the State of California
stamped thereon. The said bonds so signed, countersigned,
endorsed and sealed, as herein provided for, when sold, shall
be and constitute a valid and binding obligation upon the
State of California, though the sale thereof be made at a
date or dates after the persons so signing, coimtersigning or
endorsing, or any of them, shall cease to be the incumbents of
said office or offices.

Sec. 2. Interest coupons shall be attached to each of said
bonds so that such coupons may be detached without injury
to or mutilation of the bond. Said coupons shall be con-
secutively numbered, and shall be signed by the state treasurer.
But no interest on any of said bonds shall be paid for any
time which may intervene between the date of any of said
bonds, and the issue and sale thereof to a purchaser.

Sec. 3. Tlie sum of one thousand dollars is hereby appro-
priated to pay the expenses that may be incurred by the state
treasurer in the printing and sale of said bonds. Said amount
shall be paid out of the general fund on the state controller's
warrants duly drawn for that purpose.

Sec. 4. WTien the bonds authorized to be issued under this
act shall be duly executed, they shall be sold by the state
treasurer at public auction to the highest bidder for cash, in
such parcels and numbers as said state treasurer shall deter-
mine; but said treasurer must reject any and all bids for said
bonds or for any of them, which shall be below the par value
of said bonds so offered for sale, and he may by public an-
nouncement at the place and time fixed for the sale, for good
and sufficient cause, continue such sale as to the whole of the
bonds offered or any part thereof offered, to such time and
place as he may select, not exceeding, however, sixty days.
Due notice of the time and place of sale of all bonds must be
given by said treasurer by publication in two newspapers pub-
^ Thirty-four



lished In the city and county of San Pranciseo, and also by
publication in one newspaper published in the city of Oakland,
and by publication in one newspaper published in ^[ie city of
Los Angeles, and by publication in one newspaper published la
the city of Sacramento, once a week during four weeks prior
to such sale. The cost of such publication shall be paid out
of the general fund of the state on controller's warrants duly
drawn for that purpose. 1%e proceeds of the sale ef sudi
bonds shall be forthwith paid over by said treasurer into the
treasury and must be by him kept in a separate fund to be
known and designated as the "San Francisco state building
fund" and must be used exclusively for the construction,
erection, equipment, completion and furnishing of a state
building or buildings in the city and county of San Francisco.
Drafts and warrants upon said fund shall be drawn uptn and
shall be paid out of said fund in the same manner as drafts



Online LibraryCalifornia Legislative Counsel Bureau California. Secretary of StateAmendments to the Constitution and proposed statutes : with arguments ... → online text (page 10 of 36)