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vest in the railroad commission all of the rate-
fixing powers now exercised by incorporated cities.
There can be absolutely no sound argument
against the policy of statewide control of public
service corporations ; the policy is uniformly con-
sidered to be a wise one and has justified itself
In every state where It has been tested. No-
where has this been so convincingly demon-
strated as in California. Since the commission
has been vested with the power it now has out-
side of Incorporated cities. It has decided hun-
dreds of cases and In less than half a doz'?n have
its decisions been questioned, while, upon the
other hand, it rarely happens that a rate fixed by
a local body is not attacked In court and In per-
haps the majority of cases successfully.

Experience In other states has shown that the
engineering force and the corps of experts re-
quired to ascertain the facts necessary for intel-
ligent action on the part of the regulating body,
are more efficient If they have to deal with every
public utility In the state, regardless of its size
or the size of the city in which It operates. There
Is also economy In the system proposed, since
the same experts who serve one city will serve
every city in the state, and the cities will thus '
be relieved of the necessity of employing high-
salaried experts and assistants Furthermore,
the system will remove public utilities from
the sphere of local politics. Again, the action
of an impartial central body is more Intelligent
and just than the actions of the governing bodies
of the cities concerned.

It Is believed by the proponents of this amend-
ment that it will bring about scientific regula-
tion of public utilities throughout the state, and
it should be adopted.

W. A. Sutherland,
Assemblyman Fifty-first District.
Alfred Morgenbtern,
Assemblyman Thirty-fifth District,



INGOBPOBATION OF MUNICIPALITIES.

Assembly Constitutional Amendment 81 amending section 6 of article XI of constitution.

Present section unchanged except in following particulars : Legislature may provide that county
officers shall perform municipal functions of muiflHpalities incorporated under general laws when
•lectors thereof so determine ; municipalities hereafter organized under charters, and those hereto-
fore so organized, when empowered by charter amendment, may legislate respecting municipal
affairs, subject only to charter restrictions; in other matters they are subject to general laws;
municipal charters may require county officers to perform municipal functions whenever general
laws or county charter authorize such performance.

ARGUMENT IN FAVOR OF ASSEMBLY CON-
STITUTIONAL AMENDMENT NO. 81.



Assembly Constitutional Amendment No. 81, a
resolution to propose to the people of the State
of California an amendment to -section six of
article eleven of the Constitution of the State
of California relating to municipal corpora-
tions.
The legislature of the State of California, at
its regular session commencing on the sixth day
of January, 1913, two thirds of the members
elected to each of the two houses of said legis-
lature voting in favor thereof, hereby proposes
that section six of article XI of the Constitution
of the State of California be amended to read as
follows :

PROPOSED LAW.

Section 6. Corporations for municipal pur-
poses shall not be created by special laws; but
the legislature shall, by general laws, provide for
the incorporation, organization, and classification,
in proportion to population, of cities and towns,
which laws may be altered, amended, or re-
pealed; and the legUlature may, by general laws,
provide for the performance by county otricers
of certain of the municipal functions of cities
and towns so Incorporated, whenever a majority
of the electors of any such city or town voting
at a general or special election shall so deter-
mine. Cities and towns heretofore organized or
incorporated may become organized under the
general laws passed for that purpose, whenever
a majority of the electors voting at a general
election shall so determine, and shall organize
in conformity therewith. Cities and towns here-
after organized under charters framed and
adopted by authority of this constitution are
hereby empowered, and cities and towns here-
tofore organized by authority of this constitution
may amend their charters In the manner author-
ized by this constitution so as to become like-
wise empowered hereunder, to make and en-
force all laws and regulations In respect to
municipal affairs, subject only to the restrictions
and limitations provided In tiieir several char-
ters, and in respect to other matters they shall
be subject to and controlled by general laws.
Cities and towns heretofore or hereafter organ-
ized by authority of this constitution may, by
charter provision or amendment, provide for the
performance by county officers of certain of
their municipal functions, whenever the dis-
charge of such municipal functions by county
officers Is authorized by general laws or by the
provisions of a county charter framed and
adopted by authority of this constitution.

Section 6, article XI, proposed to be amended,
now reads as follows:

EXISTING LAW.

Section 6. Corporations for municipal pur-
poses shall not be created by special laws ; but
the legislature, by general law^s, shall provide for
the Incorporation, organization, and classification,
in proportion to population, of cities and towns,
which laws may be altered, amended, or repealed.
Cities and towns heretofore organized or incor-
porated may become organized under such gen-
eral laws whenever a majority of the electors
votlnjr at a general election shall so determine,
and shall organize in conformity therewith ; and
cities and towns heretofore or hereafter organ-
laed, &nd all charters thereof framed or adopted
by authority of this constitution, except in mu-
nicipal affairs, shall be subject to and controlledl
\iy general laws.



The purpose of this amendment Is to make
effective section 6 of article XI of the constitu-
tion as amended in 1896. Section 6 as originally
adopted in 1879, while purporting to secure mu-
nicipal home rule, provided that all city charters
should be subject to and controlled by general
laws. The supreme court pointed out that local
government was being constantly "frittered
away" by laws enacted by the legislature, so that
freeholders' charters were giving only the sem-
blance and not the substance of self-government.
Accordingly, the words "except in municipal af-
fairs," were Inserted by amendment In 1896, with
the intent and purpose to exempt municipalities
from the operation of general legislation in
strictly municipal matters. But the revision was
so ill-phrased that the cupreme court was com-
pelled to hold that the only way for a city to
gain the advantage intended by the amendment
of 1896 was to incorporate each and every pos-
sible municipal affair in its charter. An illogical
and impracticable task was set before the cities
of the state, and the attempt to work it out has
resulted in long and cumbersome charters.

The amendment now submitted proposes to re-
lieve this situation and to apply a just and logical
remedy. While reserving to the state legislature
exclusive control over matters of general con-
cern, it grants to cities and towns jurisdiction In
all municipal affairs without need of specifying
them in the charter. Of course. If a city should
attempt to transcend the limits of a "municipal
affair," its act will be declared void, for the
determination of what are "municipal affairs"
and what are "state affairs" will remain, as now,
a matter for judicial construction.

In order to run no risk of endangering or
demoralizing the present status of chartered
cities, it is distinctly provided that this grant of
jurisdiction in municipal affairs shall be self-
executing only in the case of charters to be here-
after framed and adopted. With regard to exist-
ing charters, It will be necessary for them to be
expressly revised in order to come under the
operation of this amendment.

Another feature of the proposed amendment,
conceived In the interest of efficiency and econ-
omy, is to make possible a general law or county
charter which will authorize the performance of
certain municipal functions by county officers,
whenever the electors of the city concerned shall
duly and properly register their desire to that
effect. It is intended that this shall work In
with the provisions of section 7i of article XI
relating to county charters.

The amendment as a whole Is designed, In ac-
cordance with the best thought and practice of
the day, to encourage municipalities to proceed
unhampered in the development of measures of
local and municipal concern. The soverel^ty
and Integrity of the state, acting through th«
legislature and by direct legislation on the part
of the people, is rigidly safeguarded, while local
enterprise and initiative in local matters Is di-
rectly authorized. Wm. C. ClarK/

Assemblyman Thirty-seventh District.
W. A. Johnstons^
Assemblyman Sixty-eighth District,
^enty-flve



IRRIGATION DISTRICTS CONTROLLING INTERNATIONAL

WATER SYSTEMS.

Assembly Constitutional Amendment 84 amending section 31 of article IV.
Present section unchanged, but proviso added authorizing irrigation districts, for purpose of
acquiring control of any entire international water system situated partly in United States ami
partly in foreign country, and necessary for its use and purposes, to acquire, in manner author-
ized by law, the stock of any foreign corporation which owns or holds title to the part thereof situ-
ated in a foreign country.



Assembly Constitutional Amendment No. 84, a
resolution to propose to the people of the State
of California an amendment to the Constitu-
tion of the State of California by amending
section 31 of article IV (4), relating to irriga-
tion districts.

The legislature of the State of California at its
regular session commencing on the 6th day of
January, in the year one thousand nine hundred
and . thirteen, two thirds of all the members
elected to each of the two houses of said legisla-
ture 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 so that section 31 of art-
icle IV of said constitution shall read as follows :

PROPOSED LAW.

Section 31. The legislature shall have no power
to give or to lend, or to authorize the giving or
lending, of the credit of the state, or of any
county, city and county, city, township, or other
political corporation or subdivision of the state
now existing, or that may be hereafter estab-
lished, in aid of or to any person, association, or
corporation, whether municipal or otherwise, or
to pledge the credit thereof, in any manner what-
ever, for the payment of the liabilities of any
individual, association, municipal or other cor-
poration whatever ; nor shall it have power to
make any gift, or authorize the making of any
gift, of any public money or thing of value to
any individual, municipal or other corporation
whatever ; provided, that nothing in this section
shall prevent the legislature granting aid pursu-
ant to section twenty-two of this article ; and it
shall not have power to authorize the state or
any political subdivision thereof, to subscribe for
stock, or to become a stockholder in any corpora-
tion shall prevent the legislature granting aid
pursuant to section twenty-two of this article;
and it shall not have power to authorize the
state, or any political subdivision thereof, to
subscribe for stock, or to become a stockholder
in any corporation whatever; provided, further,
that irrigation districts for the purpose of ac-
quiring the control of any entire International
water system necessary for Its use and pur-
poses, a part of which is situated in the United
States, and a part thereof in a foreign country,
may In the manner authorized by law, acquire
the stock of any foreign corporation which Is
the owner of, or which holds the title to the
part of such system situated In a foreign country.



Section 31, article IV, proposed to be amended,
now reads as follows :

EXISTING LAW.

Section 31. The legislature shall have n^
power to give or to lend, or to authorize the g^j\
ing or lending, of the credit of the state, or «'
any county, city and county, city, township, o
other political corporation or subdivision of ti
state now existing, or that may be hereafter ( -
tablished, in aid of or to any person, assooiatin.
or corporation, whether municipal or otherwise-
or to pledge the credit thereof in any manrj' ?•
whatever, for the payment of the liabilities of
any individual, association, municipal or oth-^j
corporation whatever ; nor shall it have power
to make any gift, or authorize the making of any
grift, of any public money or thing of value, to
any individual, municipal or other corporation
whatever; provided, that nothing in this section
shall prevent the legislature granting aid pursu-
ant to section twenty-two of this article ; and it
shall not have power to authorize the state, or
any political subdivision thereof, to subscribe for
stock, or to become a stockholder in any corpora-
tion whatever,

ARGUMENT IN FAVOR OF ASSEMBLY CON-
STITUTIONAL AMENDMENT NO. 84.

The amendment consists in adding the proviso
that irrigation districts may own stock in a for-
eign corporation where such ownership Is neces-
sary to acquire control of any international
water system. This amendment affects only Im-
perial Irrigation District. The canal system by
which water Is furnished to this community,
owing to the configuration of the country, has
its heading on the Colorado river in California,
runs thence for forty miles through Mexico and
then back Into the United States, furnishing
water for irrigation of five hundred thousand
acres In Imperial county. Neither an irrigation
district nor an American corporation can own a
canal in that part of Mexico. In order to con-
trol this canal, which is absolutely necessary, the
ownership of the portion in Mexico must rest in
a Mexican corporation and the irrigation district
must be permitted to own the stock In the Mexi-
can corporation, which is forbidden as our consti-
tution stands without the amendment. The only
effect of the amendment is to permit the Imperial
people to control their own water system In spite
of the International complications involved. Other
communities are neither Interested nor affected.

H. W. MOORHOUSE,

Assemblyman Seventy-eighth District.



VALUATION OF CONDEMNED PTJBLIC UTILITIES BY
RAILROAD COMMISSION.

Assembly Constitutional Amendment 87 adding section 23a to article XII of constitution.

Authorizes railroad commission to exercise such power as shall be conferred upon it by legis-
lature to fix compensation paid for property of public utility condemned by state, county, munici
pality or municipal water district; declares right of legislature to confer such powers upon rail-
road commission to be plenary and unlimited by any constitutional provision ; and confirms all acts
of legislature in accordance herewith heretofore adopted.

Assembly Constitutional Amendment No. 87, a The legislature of the State of California at lU

resolution to propose to the people of the regular session commencing on the 6th day of
State of California an amendment of the January, 1913, two thirds of all of the members



eof.



Constitution of the State of California
adding a new section to article XII thereof,
to be numbered section 23a. in relation to the
power of the railroad commission to fix the
just compensation to be paid for the taking
of any property of any public utilities in
eminent domain proceedings.
Twentj?-slx



elected to each of the two houses of the said leg^-
islature voting in favor thereof, hereby proposes
an amendment to the Constitution of the State
of California by adding a new section to article
XII thereof to be numbered sectioik 23a of article
Xn, to read as follows: jOOQIC



PROPOSED LAW.

Section 23a. The railroad commission shall
have and exercise such power and jurisdiction
as shall be conferred upon it by the legislature
to fix the just compensation to be paid for the
taJdng of any property of a public utility in
eminent domain proceedings by the state or any
county, city, and county, incorporated city or
town, or municipal water district, and the right
of the legrislature to confer such powers upon
the railroad commission is hereby declared to be
plenary and to be unlimited by any provision of
this constitution. All acts of the legislature
heretofore adopted, which are in accordance
herewith, are hereby confirmed and declared
vaUd.

ARGUMENT IN FAVOR OF ASSEMBLY CON-
STITUTIONAL AMENDMENT NO. 87.

The state legislature, at Its last session,
adopted an act authorizing the statD railroad
commission to determine the just compensation
to be paid by any county, city and county, incor-
porated city or town or municipal water district
for the acquisition, in eminent domain proceed-
ings, of any public utility desired to be acquired
and operated by such county, city and county, in-
corporated city or town or municipal water dis-
trict The act makes it optional with such local
subdivisions to either so call upon the railroad
commission to determine this compensation or to
have the same determined by a jury.

The reason for passing this law was that the
railroad commission Is In an ideal position to
fix such values of public utilities. It has many
trained experts whose business It Is to fix such
values at the present time for rate making and
other purposes. The machinery Is there and it
was thought that an accurate and scientific as-
certainment of values might be had from such a
body. Considerable time and expense will thus



be saved to the community seeking to acquire
its own public utilities.

Several of the smaller cities have taken advan-
tage of this law and asked the railroad commis-
sion to so assist them. It was thought the law
was constitutional, but some question was sug-
gested and, therefore, as an extra precaution the
legislature submitted this constitutional amend-
ment approving and ratifying the act and author-
izing the adoption of any similar acts.

Since the adjournment of the legislature the
state supreme court has. In the case of the
Pacific Telephone and Telegraph Company vs.
Eshleman, et al.. Vol. No. 46, Cal. Dec, p. 551,
decided, in effect, that such an act Is valid under
the present constitution. However, the adoption
of this amendment will make even more certain
the validity of such legislation adopted for the
benefit of all the incorporated cities and towns
and municipal water districts throughout the
state.

If it is urged that this amendment will confilct
with the provision of the federal constitution
guaranteeing trial by jury, the answer is that
this guarantee does not apply to suits in state
courts but only to actions in federal courts. The
United States supreme court has so held in the
following cases: Edwards vs. Elliott, 88 U. S.
532 ; Livingston vs. Moore, 32 U. S. 551 ; Walker
vs. Sauvinet, t2 U. S. 90. The same court has
also held that this provision of the federal con-
stitution applies only to common law actions and
not to proceedings in eminent domain such as are
contemplated by the proposed amendment. United
States vs. Jones, 109 U. S. 513 ; Long Island, etc..
Company vs. Brooklyn, 166 U. S. 694 ; Bauman
VS. Ro88, 167 U. S. 548.

W. A. Sutherland,
Assemblyman Fifty-first District
J. H. GuiLL, Jr.,
Assemblyman Seventh District



CONSTITUTIONAL CONVENTIONS.

Assembly Constitutional Amendment 83 amending section 2 of article XVIII of constitution.
Present section unchanged except in following particulars : provides that delegates to constitu-
tional conventions shall be nominated at non-partisan primary election as prescribed by legislature,
those receiving majority vote thereat being elected, otherwise two highest candidates (or more if
tied) being only candidates at further election; authorizes legislature to submit for adoption by
electors other plans for selecting delegates ; provides that convention shall meet within nine months
after election, and may submit new constitution or amendments or revisions of that existing, as
alternative propositions or otherwise.

branches of the legislature who shall, except as
herein provided, be chosen in the same manner
and have the same qualifications as members of
the legislature. Eacii of tiie delegates siiall be
considered as elected to a separate office. All
delegates shall be nominated at a non-partisan
primary election and not otherwise and may
also be finally elected at such non-partisan pri-
mary election as hereinafter provided. Said
non-partisan primary election shall be held as
tl-e legislature may direct, either at the time of
holding any other primary election or at any gen-
eral or special election or at an election to be
called for that purpose. The legislature shall
provide the manner In which all candidates shall
obtain, a place on the ballot at said non-partisan
primary election. A candidate for any such office,
receiving a majority of the votes cast at said
non-partisan primary election for all the candi-
dates for that office shall be declared elected. If
at said non- partisan primary election there be
any office to which no person was so elected, then
as to such office that election shall be considered
to have been merely a primary election for the
nomination of candidates, and a further election
shall be held to fill said office, and the two candi-
dates, or less if so there be, who received the
highest number of votes for such office at said
non-partisan primary election, shall be the only

Twenty-teren



Assembly Constitutional Amendment No. 88, a
resolution to propose to the people of the State
of California an amendment to section 2 of
article XVIII of the Constitution of the State
of California relating to convention for revis-
hig the Constitution of the State of California.
The legislature of the State of California, at its
regular session commencing on the sixth day of
January, 1913, two thirds of the members elected
to each of the two houses of said legislature vot-
ing in favor thereof, hereby proposes that section
2 of article XVIII of the Constitution of the
State of California be amended to read as follows :

PROPOSED LAW.

Section 2. Whenever two thirds of the mem-
bers elected to each branch of the legislature
shall deem it necessary to revise this constitu-
tion, they shall recommend to the electors to
vote at the next general election for or against
a convention for that purpose, and if a majority
of the electors voting at such election on the
proposition for a convention shall vote in favor
thereof, the legislature shall, at Its next session,
provide by law for calling the same. In so pro-
viding for calling such convention, the legisla-
ture shall make provision for the election of
delegates not to exceed in number that of both



eandldatet at iufib. further eleettoiu pravldedf
that If therd b« any perioa who, under the fore-
going provlsiontf would have been entitled to be-
come a candidate for Buch office except for the
fact that some other candidate received an equal
number of votes therefor, then ail such persons
receiving such equat number of votes shall like-
wise become candidates for that office. The
candidate for any such ofQce who shall receive
the highest number of votes at euch further
election shall be declared elected to such ofnce-
Without the constitution being amended the
legislature may, by resolution submitted to the
electors of the state in the same manner that a
proposed amendment to the constitution Is sub-
mitted by the legislature, provide for any other
plan for nominating and electing any delegates
to any such convention. The dele^rates so
elected shall meet within nine months after their
election at such place as the legislature may
direct. At a special election to be provided for
by law, any amendments, alterations, revisions or
new constitution, in any form that may be di-
rected by such convention, either as alternative
articles or propositions or otherwise, shall be
submitted to the people for their ratification or
rejection, in such manner as the convention may
determine. The returns of such election shall, In
such manner as the convention shall direct, be
certified to the executive of the state, who shall



Online LibraryCalifornia Legislative Counsel Bureau California. Secretary of StateAmendments to the Constitution and proposed statutes : with arguments ... → online text (page 8 of 36)