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existing.



It gives them the right to exempt certain
classes of property from taxation either In whole
or In part, thus creating an unsettled value for
such property.

One set of officers could exempt from taxation
property that their successors In office would In-
clude for such taxable purposes, thereby creat-
ing endless confusion.

Classes of property included In this amend-
ment would be of different value In adjoining
territories.

Under this provision the city of Oakland could
exempt merchandise from certain taxes, which
would compel the cities of San Francisco and
Berkeley to exempt the same classes of property
from such taxes, or the merchants of the latterl
two named cities, other things being equal, could|
not compete with the merchants of the former on
an equal basis.

Under this provision, Improvements of all
kinds can be exempted from taxation In the
county of San Francisco, which would compel
adjoining counties to do likewise, or Investors
would be induced to improve only In counties
that exempt Improvements from taxation. Indi-
viduals or corporations locating factory or mer-
cantile sites would locate In the counties where
taxes were the lightest, thus Inducing local offi-
cials to exempt such property from taxation In
order to secure such sites, to the detriment and
expense of other classes of property.

This amendment would make it possible for all
cash In banks or bills receivable to be exempted
from taxation.

It provides that a person could own vast num-
bers of live stock, as some of our citizens do, and
not pay a cent of certain local taxes on that kind
of property.

If this amendment ig adopted It will tend tc
create dissension on the question of taxation. It
will create strife between owners of different
classes of property, and will not only make
vicious local legislation possible, but will Induce
such legislation. It will assist the professional
tax dodger.

A similar amendment to this one was submitted
to the voters of the state two years ago and was
overwhelmingly defeated.

W. F. Chandler,
Assemblyman Fiftieth District.



ELECTIONS BY PLURALITY, PREFERENTIAL VOTE AND

PRIMARY.

Assembly Constitutional Amendment 19 amending section 13 of article XX of constitution.

Declares plurality of votes at any primary or election constitutes choice unless constitution othe^
wise provides ; permits charters framed under constitution for counties or municipalities and general
laws for other counties and municipalities to provide otherwise, or for nomination or election, or
both, of all or any portion of candidates at a primary, or for preferential system of voting at anyl
county or municipal primary or other election ; authorizes general laws providing preferential sys-
tem of voting at any other primary.



Assembly Constitutional Amendment No. 19, a
resolution to propose to the people of the
State of California an amendment to the Con-
stitution of the State of California by amend-
ing section 13 of article XX, relating to elec-
tions.

The legislature of the State of California, at
Its fortieth regular session, commencing the
sixth day of January, nineteen hundred and thir-
teen, two thirds of all the members elected to
each of the two houses of said legislature voting
In favor thereof, hereby proposes that section
thirteen of article twenty of the Constitution of
the State of California be amended to read as
follows:

PROPOSED LAW.

Section 13. Where not otherwise directed In
this constitution, a plurality of the votes given
Twelve



at any primary or other election shall constitute
a choice, Including nomination for and election
to office; provided, that It may also be otherwise
directed In charters framed under the authority
of this constitution for cities, counties or cltlesl
and counties and by general laws for otherj
counties and municipalities. Provision may be
made In such charters, and by general laws In
the case of other counties and municipalities, fori
either or both nomination for and election to
office at a primary election of all or any portlonl
of the candidates voted for at such primary elec-
tion and for a preferential system of voting ati
any county, city and county, or municipal pri*
mary or other election. Provision for a prefer*
entlal system of voting at any other primary
election may also be made by general laws. I



Section 13, article XX, proposed to be amend-
ed, now reads as follows:

EXISTING LAW.

Section 13. A plurality of the votes given at
any election shall constitute a choice where not
otherwise directed in this constitution; provided,
that it shall be competent in all charters of cities,
counties or cities and counties framed under the
authority of this constitution to provide the man-
ner in which their respective elective officers may
he elected and to prescribe a higher proportion
of the vote therefor; and provided, also, that it
shall he competent for the legislature by general
law to provide the manner in which officers of
municipalities organized or incorporated under
general laws may he elected and to prescribe a
higher proportion of the vote therefor,

ARGUMENT IN FAVOR OF ASSEMBLY CON-
STITUTIONAL AMENDMENT NO. 19.

The object of the amendment is to make pos-
sible the adoption, when desired, of a preferential
system of electing officers where such are chosen
as non-partisans, and of nominating party can-
didates where officers are chosen as partisans.

First — Applied to non-partisan elections.

Municipalities and counties having charters
may provide in such charters for a preferential
system of electing their respective officers. The
legislature may make similar provision for cities
and counties not having charters.

The "preferential" system is in effect the so-
called "Berkeley" plan of majority choice, with
but one election instead of two, thus saving the
cost, time and energy of a second election.

It is already in successful operation in Grand
Junction, Colorado Springs, Denver, Duluth,
Minn., Spokane, Portland, Ore., and Cleveland —
cities ranging from eight thousand to over half
a million population.

"WTiile the details of various preferential plans
differ, the underlying principle is the same.
Nomination, as under the "Berkeley" plan, is by
a small petition. The ballots are i . printed that
the voter may designate a second (and under
some systems a third) as well as a first choice.
If any candidate receives a majority of all the
first choices he is thereby elected. If no one re-



ceives such a majority, the candidate with the
lowest number of first choices is dropped, and
the second choices of those who voted for him as
first choice are added to the first choice votes
of the candidates remaining. This process is re-
peated till one has secured a majority of all
votes cast and so elected.

Evidently much of the personal bitterness of
present campaigns will be prevented, for no can-
didate, knowing that his election may require the
second choice votes of the supporters of other
candidates, is going to deliberately estrange such
voters by uncalled-for attacks on such candidates

In operation the preferential system has proved
simple for the voter and satisfactory to the com-
munity, and also a great money saver.

Second — ^Applied to partisan primaries.

The legislature may, by general law, provide
for the use of such system for selection of party
candidates at partisan primaries, as is done in a
number of states. It insures the selection of
party candidates, supported by a majority of all
electors of each party participating in the pri-
mary. Without such plan, the candidate may be
nominated by a small minority. Such possibility
is now used by leaders and bosses to dissuade
more than one of their faction from seeking
nomination for fear that another group, though
smaller, may, by concentrating on one candidate,
win the nomination. Under preferential voting
there is no danger of minority nomination, hence
no such reason for preventing candidacies.

The "Berkeley" plan is still authorized under
the changed provision ; and any question of the
legality of electing all or any portion of the can-
didates at the first or primary election is set at
rest by specific sanction.

The amendment does not require the adoption
of any system, but does enable the legislature on
the one hand, and chartered cities and counties
on the other, to adopt, if desired, such prefer-
ential system as may best suit the several needs.
Wm. C. Clark,
Assemblyman Thirty-seventh District.

L. D. BOHNBTT,

Assemblyman Forty-fourth District



ASSEMBLY PAYROLL EXPENSES.

Assembly Constitutional Amendment 23 amending section 23a of article IV of constitution.

Increases the amount allowed for the total expense for officers, employees and attaches of assembly
at any regular or biennial session of legislature from present amount of five hundred dollars per
day to six hundred dollars per day ; makes no other change in operation of present section.



Assembly Constitutional Amendment No. 23, a
resolution to propose to the people of the
State of California, an amendment to section
23a of article 4, of the Constitution of the
State of California relative to the limitation
of expense for officers and employees of the
legislature.

The legislature of the State of California, at its
regular session, commencing the sixth day of
January, 1913, two thirds of the members elected
to each of the two houses of said legislature,
voting in favor thereof, hereby proposes to the
qualified electors of the State of California, the
following amendment to the Constitution of the
State of California:

PROPOSED LAW.

Section 23a. The legislature may also provide
for the employment of help; but in no case shall
the total expense for officers, employees and
attaches of the senate exceed the sum of five
hundred dollars per day, and In no case shall the
total expense for officers, employees and attaches
of the assembly exceed the sum of six hundred
dollars per day, at any regular or biennial ses-
sion, nor the sum of two hundred dollars per day
in either house at any special or extraordinary
session, nor shall the pay of any officer, em-



ployee or attach^ be increased after he is elected
or appointed.

Section 23a, article IV, proposed to be amend-
ed, now reads as follows:

EXISTING LAW.

Section 23a. The legislature may also provide
for the employment of help ; but in no case shall
the total expense for officers, employees and
attaches exceed the sum of five hundred dollars
per day for either Jwuse, at any regular or bien-
nial session, nor the sum of two hundred dollars
per day for either house at any special or ex-
traordinary session, nor shall the pay of any
officer, employee or attach^ be increased after he
is elected or appointed.

ARGUi\AENT AGAINST ASSEMBLY CONSTI-
TUTIONAL AIVIENDIVIENT NO. 23.

The constitution now provides a limitation of
expense of $1,000.00 per day for officers and
employees of the legislature while in session,
equally divided between the senate ^nd assembly.
As there are eighty members of the assembly and
only forty in the senate, I introduced an amend-
ment allowing 1600.00 per day for the assembly

Tl^r^en



and $400.00 per day for the senate, leaving the
total $1,000.00 per day, as at present. The senate
amended by making it $600.00 per day for the
assembly, or $100.00 per day more than at
present, and $500.00 (or as at present) for the
senate, making a total of $1,100.00 per day.

A new law, which I introduced, is now in effect
which combines the "file rooms" of each house,
making a saving of about $50.00 per day for help.



Several bills were introduced providing for a
••Member's Clerk" for each member ; as these bills
failed to become laws and as the file rooms will
now be combined, I see no reason for the adop-
tion of Assembly Constitutional Amendment No.
23 and therefore recommend that it be defeated I
Frank M. Smith,
Assemblyman Thirty-sixth District



ADOPTION AND AMENDMENT OF MUNICIPAL CHARTERS.

Assembly Constitutional Amendment 25 amending section 8 of article XI of constitution.

Authorizes cities of more than thirty-five hundred population to adopt charters; prescribes
method therefor, and time for preparation thereof by freeholders; requires but one publication
thereof, copies furnished upon application; provides for approval by legislature, method and time
for amendment, and that of several conflicting concurrent amendments one receiving highest vote
shall prevail ; authorizes charter to confer on municipality all powers over municipal affairs, to
establish boroughs and confer thereon general and special municipal powers.

Assembly Constitutional Amendment No. 25, a of the clerk of the legislative body of said city.
''"■'■ " "'■" The legislative body of said city shall within fif.
teen days after such filing cause sucli charter to
be published once In the official paper of said
city; (or In case there be no such paper, in a
paper of general circulation); and shall cause
copies of such charter to be printed In conve-
nient pamphlet form, and shall, until the date
fixed for the election upon such charter, adver-
tise in one or more papers of general circulation
published In said city a notice that such copies
may be had upon application therefor. Such
charter shall be submitted to the electors of sucli
city at a date to be fixed by the board of free-
holders, before such filing and designated on such
charter, either at a special election held not less
than sixty days from the completion of the pub-
lication of such charter as above provided, or at
the general election next following the expira-
tion of said sixty days. If a majority of the
qualified voters voting thereon at such general
or special election shall vote in favor of such
proposed charter, it shall be deemed to be rati-
fied, and shall be submitted to the legislature, if
then in session, or at the next regular or special
session of the legislature. The legislature shall
by concurrent resolution approve or reject such
charter as a whole, without power of alteration
or amendment; and if approved by a malority of
the members elected to each house It shall be-
come the organic law of such city or city and
county, and supersede any existing charter and
all laws inconsistent therewith. One copy of the
charter so rati Tied and approved shall be filed
with the secretary of state, one with the recorder
of the county in which such city is located, and
one in the archives of the city; and thereafter
the courts shall take judicial notice of the pro-
visions of such charter. The charter of any city
or city and county may be amended by proposals
therefor submitted by the legislative body of tlie
city on Its own motion or on petition signed by
fifteen per cent of the registered electors, or
both. Such proposals shall be submitted to the
electors only during the six months next preced-
ing a regular session of the legislature or there-
after and before the final adjournment of that
session and at either a special election called for
that purpose or at any general or special elec-
tion. Petitions for the submission of any amend-
ment shall be filed with the legislative body of
the city or city and county not less than sixty
days prior to the general election next preceding
a regular session of the legislature. The signa-
tures on such petitions shall be verified by the
authority having charge of the registration rec-
ords of such city or city and county, and the ex-
penses of such verification shall be provided by
the legislative body thereof. If such petitions
have a sufficient number of signatures the legis-
lative body of the city or city and county shall
so submit the amendment or amendments so
proposed to the electors. Amendments proposed
by the legislative body and amendments proposed
by petition of the electors may be submitted at
the same election. The amendments so sub-
mitted shall be advertised in the same manner
as herein provided for/the advertisement of a
..gitized by VjOC



resolution to propose lo the j.eople of the
State of California an amendment to section
eight of article eleven of the Constitution of
the State of California relating to municipal
corporations.
The legislature of the State of California, at
its regrular session commencing on the sixth day
of January, 1913, two thirds of the members
elected to each of the two houses of said legisla-
ture voting in favor thereof, hereby proposes that
section 8 of article XI of the Constitution of the
State of California be amended to read as
follows :

PROPOSED LAW.

Section 8. Any city or city and county con-
taining a population of more than three thou-
sand five hundred inhabitants, as ascertained by
the last preceding census taken under the
authority of the congress of the United States
or of the legislature of California, may from
a charter for its own government, consistent
with and subject to this constitution; and any
city, or city and county having adopted a char-
ter may adopt a new one. Any such charter
shall be framed by a board of fifteen freeholders
chosen by the electors of such city at any gen-
eral or special election; but no person shall be
eligible as a candidate for such board unless he
shall have been, for the five years next preced-
ing, an elector of said city. An election for
choosing freeholders may be called by a two-
thirds vote of the legislative body of such city,
and, on presentation of a petition signed by not
less than fifteen per cent of the registered elec-
tors of such city, the legislative body shall call
such election at any time not less than thirty
nor more than sixty days from date of the filing
of the petition. Any such petition shall be veri-
fied by the authority having charge of the regis-
tration records of such city or city and county
and the expenses of such verification shall be
provided by the legislative body thereof. Can-
didates for the office of freeholders shall be nom-
inated either in such manner as may be provided
for the nomination of officers of the municipal
government or by petition, substantially in the
same manner as may be provided by general
laws for the nomination by petition of electors of
candidates for public ofllces to be voted for at
general elections. The board of freeholders shall,
within one hundred and twenty days after the
result of the election is declared, prepare and
propose a charter for the government of such
city; but the said period of one hundred and
twenty days may with the consent of the legis-
lative body of such city be extended by such
board not exceeding a total of sixty days. The
charter so prepared shall be signed by a majority
of the board of freeholders and filed, in the office



proposed charter, and the election thereon held
at a date to be fixed by the legislative body of
such city, not less than forty and not more than
sixty days after the completion of the advertis-
ing in the official paper. If a majority of the
qualified voters voting on any such amendment
vote in favor thereof It shall be deemed ratified,
and shall be submitted to the legislature at the
regular session next following such election; and
approved or rejected without power of alteration
in the same manner as herein provided for the
approval or rejection of a charter. In submitting
any such charter or amendment separate propo-
sitions, whether alternative or conflicting, or one
included within the oti^er, may be submitted at
the same time to be voted on by the electors
separately, and, as between those so related. If
more than one receive a majority of the votes,
the proposition receiving the larger number of
votes shall control as to all matters In conflict.
It shall be competent in any charter framed
under the authority of this section to provide
that the municipality governed thereunder may
make and enforce ail laws and regulations in
respect to municipal affairs, subject only to the
restrictions and limitations provided In their
several charters and in respect to other matters
they shall be subject to general laws. It shall be
competent In any charter to provide for the
division of the city or city and county governed
thereby Into boroughs or districts, and to pro-
vide that each such borough or district may ex-
ercise such general or special municipal powers,
and to be administered in such manner, as may
be provided for each such borough or district in
the charter of the city or city and county.

The percentages of the registered electors
herein required for the election of freeholders or
the submission of amendments to charters shall
be calculated upon the total vote cast in the city
or city and county at the last preceding general
state election; and the quallfled electors shall be
those whose names appear upon the registration
records of the same or preceding year. The elec-
tion laws of such city or city and county sha I,
so far as applicable govern all elections held
under the authority of this section.

Section 8, article XI, proposed to be amended",
now reads as follows :

BXISTINa LAW.

Section 8. Any city containing a population of
more than three thousand five hundred inhabi-
tants as ascertained and established by the last
preceding census, taken under the direction of the
congress of the United States, or by a census of
said city, taken, subsequent to the aforesaid cen-
sus, under the direction of the legislative body
thereof, under laws authorizing the taking of the
census of cities, may frame a charter for its own
government, consistent with, and subject to, the
constitution ior, having framed such a charter,
may frame a new one), by causing a board of
fifteen freeholders, who shall have been, for at
least five years, qualified electors thereof, to be
elected by the qualified electors of said city, at a
Sreneral or special municipal election. Said board
of freeholders may be so elected in pursuance of
an ordinance adopted by a vote of two thirds of
all the members of the council, or other legisla-
tive body, of such city, declaring that the public
interest requires the election of such board for
the purpose of preparing and proposing a charter
for said city, or in pursuance of a petition of
qualified electors of said city, as hereinafter pro-
vided. Such petition, sigrned by fifteen per
centum of the qualified electors of said city com-
puted upon the total number of votes cast therein
for all candidates for governor at the last pre-
ceding general election at which a governor was
elected, praying for the election of a board of fif-
teen freeholders to prepare and propose a charter
for said city, may be filed in the office of the city
clerk thereof. It shall be the duty of said city
clerk, within twenty days after the filing of said
petition, to examine the same and to ascertain



from the record of t?^ registration of electors of
the county, showing the registration of electors
of said city, whether the petition is signed by the
requisite number of qualified electors of such city.
If required by said clerk, the council, or other
legislative body, of said city shall authorize him
to employ persons specially to assist him in the
work of examining such petition, and shall pro-
vide for their compensation. Upon the comple-
tion of such examination, said clerk shall forth-
with attach to said petition his certificate, prop-
erly dated, showing the result thereof, and if, by
said certificate, it shall appear that said petition
is signed by the requisite number of qualified
electors, said clerk shall present the said petition
to said councils or other legislative body, at its
next regular meeting after the date of such cer-
tificate. Upon the adoption of such ordinance, or
the presentation of such petition, said council, or
other legislative body, shall order the holding of a
special election for the purpose of electing such
board of freeholders, which said special election
shall be held not less than twenty days, nor more
than sixty days after the adovtion of the ordi-
nance aforesaid, or the presentation o! said peti-
tion to said council, or other legislative body;
provided, that if a general municiual election
shall occur in said city not less than twenty days,
nor more than sixty days, after the adoption of
the ordinance aforesaid, or the presentation of
said petition to said council, or other legislative
body, said board of freeholders may be elected at
such general municipal election. Candidates for
election as members of said board of freeholders



Online LibraryCalifornia Legislative Counsel Bureau California. Secretary of StateAmendments to the Constitution and proposed statutes : with arguments ... → online text (page 4 of 36)