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state purposes, until and including the first day the adoption of this amendment is very nominal, of January, nineteen hundred thirty-five.
and should not be considered in the comparison
with the great and immense benefit which will ARGUMENT IN FAVOR OF SENATE CONSTI
accrue to this state in the way of advertisement,
by having all vessels registered from California TUTIONAL AMENDMENT NO. 17.
ports with the name of “San Francisco," "Los Considering the many handicaps under which Angeles,” “Oakland," "San Diego," "Eureka," American shipping is now laboring, and consid- etc., painted on the stern of the vessel. ering also the unjust discrimination now existing
Foreign vessels, while they now pay no taxes, under our revenue laws against any owner of a are titled to and receive equal benefits to all vessel loyal enough to register said vessel at
domestic vessels, in the matter of police protecsome port in California, this amendment should tion, fire protection, and also in respect to fedhave the hearty co-operation of all California eral, state and county fees, for pilotage, dockcitizens.
age, etc. Under the now existing revenue laws, any ves
Outside of the matter of advertising, it is sel registered from a port outside of California advisable to have all vessels plying along the is exempt from taxation in this state; but if the Pacific Coast registered from some port in Caliowner of any vessel, either an individual or cor- fornia. It is impossible to estimate the indirect poration, is patriotic enough to register said ves
benefit this state will derive in the matter of sel from a California port, along comes the asses- rentals, purchases of supplies and similar items. sor and taxes him for his loyalty.
By the adoption of this amendment, many vesThis matter of exempting shipping from taxa- sels which are now registered from New York, tion is not a new nor an untried measure. The Seattle and other ports foreign to California, great State of New York has already exempted will, as a matter of convenience, return and regvessels from taxation for a period of 20 years, ister from California. and the State of Washington now has a revenue The experiment is certainly worth the trial, law exempting all vessels registered from Wash- for after twenty years, the law, if unsatisfactory, ington ports from taxation. This Washington automatically repeals itself. If this amendment law goes even further in this matter, and ex- is passed, it will be a great stimulus in the upempts from taxation vessels under construction building of our harbors and river ports as well and all materials used therein while said vessel as the expansion of a large local merchant is in process of building.
Thos. F. FINN, The amount of revenue which might be lost by
State Senator Twenty-third District. CONDEMNATION FOR PUBLIC PURPOSES. Senate Constitutional Amendment 16 adding section 20 to article XI of constitution. Authorizes state, county or municipality to condemn neighboring property within its limits additional to that actually intended for proposed improvement; declares same taken for public use ; defines estate therein and manner of dealing therewith to further such improvement; permits county or municipality to condemn lands within ten miles beyond its boundaries for certain public purposes, with consent of other county or municipality if such lands lie therein ; requires terms of condemnation, lease or disposal of such additional property to be prescribed by law. Senate Constitutional Amendment No. 16, a estate, and such additional property may be sold,
resolution proposing to the people of the State leased or otherwise disposed of, in whole or in of California, an amendment to the Constitu- part, under such terms and restrictions as may be tion of the State of California, by adding a appropriate to preserve or further the improvenew section to article XI thereof, to be desig- ment made or proposed to be made.
For the purnated as section twenty, of said article XI, of pose of acquiring, constructing, enlarging or imthe Constitution of the State of California,
proving a public park, playground, boulevard, relating to the taking of property for public use and additional property in excess thereof,
street, building or grounds therefor, any county, and for the payment therefor.
city and county, incorporated city or town may
condemn lands outside of its boundaries and Resolved by the senate, the assembly concur
within the distance of ten miles therefrom, proring, That the legislature of the State of Califor
vided that no lands within any other county, city nia, at its regular session, commencing on the
and county, incorporated city or town shall be sixth day of January, nineteen hundred thirteen,
taken without its consent, to be given in any two thirds of all the members elected to each of
manner that may be provided by law.
The conthe houses of said legislature voting in favor
ditions under which such additional property may thereof, hereby proposes to the qualified electors
be taken or appropriated, the manner and method of the State of California, that a new section
of providing payment therefor and the terms and be added to article XI of the Constitution of the
restrictions under which such property may be State of California, to be known and designated
sold, leased or otherwise disposed of, shall be as section twenty of article XI of the Constitu
prescribed by general law. tion of the State of California, and to read as follows:
ARGUMENT IN FAVOR OF SENATE CONSTI. PROPOSED LAW.
TUTIONAL AMENDMENT NO. 16. Section 20. The state, or any county, city and This amendment proposes a new section to the county, or incorporated city or town, taking or constitution, giving the state, county and city the appropriating property within the limits thereof right to take for public purposes not only such for public use for any proposed public improve- property as may be necessary for immediate and ment, may also take and appropriate, under the present need, but also such as may be required powers of eminent domain, additional adjoining for future use. Under the law as it stands or neighboring property within the limits thereof, to-day only such property can be taken as is rein excess of that actually to be devoted to or quired for present use, but not such as may be occupied by the proposed improvement, and such needed for future use. additional property so taken shall be deemed to The amendment is designed to enable the state, be taken for public use. The estate in such addi- county or city to plan and carry out public im. tional property so taken shall be a fee simple provements on a comprehensive scale. In the
establishing and laying out of public improve. ments and public institutions, far-sightedness demands the planning on broad enough a scale to permit of expansion and additions in the future. The need may not exist at the time property is first obtained for public use, but future growth often requires additional land. A state university when first established does not have all the departments, nor need the various buildings, that are later required. An asylum or industrial institution when first founded, and with a small number of inmates, does not need the land for buildings or for agricultural or dairy purposes that is needed later on when the institution becomes much larger. A city may plan a civic center on a far-reaching scale, with use at the present time for only a few buildings, intending in the future, as the need arises, and as the expenses can be met, to add libraries, art galleries, athletic fields, and other extensions.
At the present time, the state, or county or city, in taking property can not take such as may be required for future use. The public not being able to procure adjacent and surrounding property for future needs, this adjacent property is bought by private individuals.
instances it is taken up by speculators in the anticipation of a demand for it in the future for public purposes.
When the need for it in the future does come, the additions and extensions to public institutions have to be made elsewhere, in remote and inconvenient places, or the public required to pay unreasonable and exorbitant prices.
Much of the increased value of the adjoining property arises from the very fact that the state, the county or the city has taken over the original property for public purposes, and erected public buildings on it. The instant that the state, or county or city, erects its buildings, the adjacent and surrounding property is enhanced in value, which very increase in value that it has produced the public has to pay for, if later it buys this adjoining and surrounding property. Under this amendment, the public is enabled to retain this increased value or increment itself, and is not compelled to pay for the value that it itself has caused to accrue.
Both to save the public from this additional cost, and to prevent the state, or county, or city from having its plans frustrated and defeated by its inability to obtain adjoining and surrounding property for future development and expansion of its parks, playgrounds and public institutions, this amendment is designed.
Now that the function of government is coming to be recognized in providing for the welfare of its citizens in the broadest sense-their recreation and health, as well as their education and protection-this duty dictates the adoption of this amendment whereby far-sighted and comprehensive provision can be made in the way of public improvements, that shall be adequate for the future as well as the immediate present.
HERBERT C. JONES, State Senator Twenty-eighth District.
EXPOSITION CONTRIBUTION BY ALAMEDA COUNTY. Senate Constitutional Amendment 34 amending section 18 of article XI of constitution. Present section unchanged but proviso added authorizing Alameda county, at election therefor, to incur bonded indebtedness not exceeding $1.000.000, bearing interest not exceeding five per cent, bonds redeemable within forty years and salable at not less than par, proceeds payable on terms fixed by supervisors to Panama-Pacific International Exposition Company for exposition in San Francisco; authorizing special tax upon all taxable property in Alameda county to pay interest and create sinking fund for payment of said bonds. Senate Constitutional Amendment No. 34,
forty years from the time of contracting the resolution to propose to the people of the State same; provided, however, that the city and of California, an amendment to the Constitu
county of San Francisco may at any time pay tion of the State of California, by amending
the unpaid claims, with interest thereon at the section eighteen of article eleven thereof re- rate of five per cent per annum, for materials lating to restrictions on the power of counties,
furnished to and work done for said city and cities and other subdivisions of the state to county during the forty-first, forty-second, fortyincur indebtedness.
third, forty-fourth, and fiftieth fiscal years, and The legislature of the State of California, at for unpaid teachers' salaries for the fiftieth fiscal its regular session, commencing on the sixth day year, out of the income and revenue of any sucof January, 1913, two thirds of all of the mem- ceeding year or years, the amount to be paid in bers elected to each of the houses voting in favor
full of said claims not to exceed in the aggregate thereof, hereby proposes to the qualified electors the sum of five hundred thousand dollars, and of the State of California an amendment to the that no statute of limitations shall apply in any Constitution of the State of California, by amend- manner to these claims; and provided, further, ing section eighteen of article eleven thereof. that the city of Vallejo, of Solano county, may Section 1. Section eighteen of article eleven
pay its existing indebtedness, incurred in the con
struction of its waterworks, whenever two thirds is hereby amended to read as follows:
of the electors therenf, voting at an election held PROPOSED LAW.
for that purpose, shall so decide, and that no Section 18. No county, city, town, township, statute of limitations shall apply in any manner. board of education, or school district, shall incur Any indebtedness or liability incurred contrary any indebtedness or liability in any manner or to this provision, with the exceptions hereinbefor any purpose exceeding in any year the in- fore recited, shall be void. The city and county come and revenue provided for such year, with- of San Francisco, the city of San Jose, and the out the assent of two thirds of the qualified elec- town of Santa Clara may make provision for a tors thereof, voting at an election to be held for sinking fund, to pay the principal of any indebtthat purpose, nor unless before or at the time of
edness incurred, or to be hereafter incurred by incurring such indebtedness provision shall be it. to commence at a time after the incurring of made for the collection of an annual tax sufficient such indebtedness of no more than a period of to pay the interest on such indebtedness as it one fourth of the time of maturity of such indebtfalls due, and also provision to constitute a sink- edness, which shall not exceed seventy-five years ing fund for the payment of the principal thereof from the time of contracting the same. Any inon or before maturity, which shall not exceed debtedness incurred contrary to any provision of
the sum of five hundred thousand dollars, and that no statute of limitations shall apply in any manner to these claims; and provided, further, that the city of Vallejo, of Solano county, may pay its existing indebtedness incurred in the construction of its waterworks whenever two thirds of the electors thereof voting at an election held for that purpose shall so decide, and that no statute of limitations shall apply in any manner. Any indebtedness or liability incurred contrary to this provision, with the exceptions hereinbefore recited, shall be void.
The city and county of San Francisco, the city of San Jose and the town of Santa Clara may make provision for a sinking fund, to pay the principal of any indebtedness incurred, or to be hereafter incurred, by it, to commence at a time after the incurring of such indebtedness of not more than a period of one fourth of the time of maturity of such indebtedness, which shall not exceed seventy-five years from the time of contracting the same. Any indebtedness incurred contrary to any provision of this section shall be void.
this section shall be void; and provided, further, that the county of Alameda may, upon the as. sent of two thirds of the qualified electors thereof voting at an election to be held for that pur. pose, incur a bonded indebtedness of not to exceed one million dollars, and the legislative authority of said coanty of Alameda shall issue bonds therefor and grant and turn over to the Panama-Pacific International Exposition Company, a corporation organized under the laws of the State of California, March 22, 1910, the proceeds of said bonds for stock in said company or under such other terms and conditions as said legislative authority may determine, the same to be used and disbursed by said exposition company for the purposes of an exposition to be held in the city and county of San Francisco to celebrate the completion of the Panama canal; said bonds, so issued, to be of such form and to be redeemable, registered and converted in such manner and amounts, and at such times not later than forty years from the date of their issue as the legislative authority of said county of Alameda shall determine; the interest on said bonds not to exceed five per centum per annum, and said bonds to be exempt from all taxes for state, county and municipal purposes, and to be sold for not less than par at such times and places, and in such manner, as shall be determined by said legislative authority; the proceeds of said bonds, when sold, to be payable immediately upon such terms or conditions as said legislative body may determine, to the treasurer of said Panama-Pacific International Exposition Company, upon demands of said treasurer of said exposition company, without the necessity of the approval of such demands by other authority, than
said legislative authority os Alameda county, the same to be used and disbursed by said Panama-Pacific International Exposition Company for the purposes of such exposition, under the direction and control of said exposition company; and, the legislative authority of said county of Alameda is hereby empowered and directed to levy a special tax on all taxable property in said county each year after the issue of said bonds to raise an amount to pay the interest on said bonds as the same become due, and to create a sinking fund to pay the principal thereof when the same shall become due.
Section 18, article XI, proposed to be amended, now reads as follows:
ARGUMENTS IN FAVOR OF SENATE CON
STITUTIONAL AMENDMENT NO. 34. The new portion of this amendment is that part of it which refers to Alameda county, and is designed to allow Alameda county, and that county only, to call an election within that county, and submit to its voters the question whether Alameda county should levy a tax, not to exceed one million dollars, and invest the funds so derived in the Panama-Pacific International Exposition.
This is in accordance with the pledges made by prominent Alameda county citizens that that county would contribute towards financing the exposition. It was later found that the constitution did not contain any provision which would enable any county to raise money by taxation for such purposes.
This constitutional amendment would so change the constitution that Alameda county can, if two thirds of its voters vote in favor of such a tax, levy a tax upon itself for this specific purpose.
It applies to no other county. It requiring a two-thirds vote to levy the tax, everybody is safeguarded. The amendment should be adopted.
GEO. J. HANS,
EXISTING LAW. Section 18. No county, city, town, township, board of education, or school districts, shall incur any indebtedness or liability in any manner or for any purpose exceeding in any year the income and revenue provided for such year, without the assent of two thirds of the qualified electors thereof, voting at an election to be held for that purpose, nor unless before or at the time of incurring such indebtedness provision shall be made for the collection of an annual tax sufficient to pay the interest on such indebtedness as it falls due, and also provision to constitute a sinking fund for the payment of the principal thereof on or before maturity, which shall not exceed forty years from the time of contracting the same; provided, however, that the city and county of San Francisco may at any time pay the unpaid claims, with interest thereon at the rate of five per cent per annum, for materials furnished to and work done for said city and county during the forty-first, forty-second, fortythird, forty-fourth, and fiftieth fiscal years, and for unpaid teachers' salaries for the fiftieth fiscal year, out of the income and revenue of any succeeding year or years, the amount to be paid in full of said claims not to exceed in the aggregate
This proposed amendment is an amendment to section 18, article XI, of the Constitution of the State of California, and affects no other section of the state than Alameda county. It is in the nature of an enabling act by which Alameda county may incur a bonded indebtedness, not to exceed one million dollars, for the purchase of stock in the Panama-Pacific International Exposition Company. The amendment should be adopted by the people of the state for the reason that it will enable the voters of Alameda county to pass upon the question of investment in the exposition.
In view of the fact that the operation of the amendment would be confined entirely to Alameda county, it is clear that the voters of the state at large should permit this county to have the power to vote upon the question of bonding.
EDWARD J. TYRRELL,
PUBLIC UTILITIES IN MUNICIPALITIES. Senate Constitutional Amendment 53 amending section 19 of article XI of constitution.
Authorizes any municipal corporation to acquire and operate public utilities; to grant franchises to operate same under regulations prescribed by its organic law or otherwise by law; but eliminates from present section provisions authorizing municipal government to regulate charges for services under such franchises ; and authorizes municipal corporation to furnish the product or service of public utility operated by it to users beyond its limits, to other municipalities, and to inhabitants thereof without consent of such municipalities. Senate Constitutional Amendment No. 53-A by original construction or by the purchase of
resolution proposing to the people of the State existing works, including their franchises, or of California an amendment to section nine
both. Persons or corporations may establish and teen of article XI of the Constitution of the State of California, relating to the operation
operate works for supplying the inhabitants with of public utilities by municipal corporations.
such services upon such conditions and under
such regulations as the municipality may preThe legislature of the State of California, at
scribe under its organic law, on condition that its regular session commencing on the sixth day
the municipal government shall have the right to of January, 1913, two thirds of the members
regulate the charges thereof. A municipal corelected to each of the two houses of said legisla
poration may furnish such services to inhabitants ture voting in favor thereof, hereby proposes that section 19 of article XI of the Constitution of the
outside its boundaries; provided, that it shall not
furnish any service to the inhabitants of any State of California be amended to read
other municipality owning or operating works follows:
supplying the same service to such inhabitants, PROPOSED LAW.
without the consent of such other municipality, Section 19. Any municipal corporation shall
expressed by ordinance. have power to acquire by purchase, lease, condemnation or otherwise, in whole or in part, or to construct, and to own, maintain, equip and ARGUMENT IN FAVOR OF SENATE CONSTIoperate public utilities; and to grant franchises
TUTIONAL AMENDMENT NO. 53. to persons, firms or private corporations to es
This amendment to article XI of the state contablish, equip, maintain and operate public utili
stitution simply enlarges the powers of municities, upon such conditions and under such regu
pal corporations respecting their ownership of lations as may be prescribed under the organic
public utilities. This amendment extends their law of such municipality or otherwise by law.
powers, permitting them to acquire any public Any municipal corporation may furnish the pro
utility or service instead of limiting the right to duct or service of any public utility conducted
acquire a few specified kinds of service. Under or operated by it to other municipal corporations
the proposed amendment, municipalities can acand the inhabitants thereof, and to consumers
quire, by original construction, purchase, lease and users outside of its limits.
condemnation, works or plants supplying Section 19, article XI, proposed to be amend
water, gas, electricity, heat, illumination, power, ed, now reads as follows:
refrigeration, with transportation, telephone EXISTING LAW.
service, or any other public utility. Section 19. Any municipal corporation may
The old section was too limited in its powers, establish and operate public works for supplying
and therefore should be broadened, which the its inhabitants with light, water, power, heat,
proposed amendment contemplates. transportation, telephone service or other means
A. H. BREED, of communication. Such works may be acquired
State Senator Fifteenth District.
TAXATION OF PUBLIC PROPERTY. Assembly Constitutional Amendment 6 amending section 1 of article XIII of constitution.
Present section unchanged but proviso added declaring taxable all lands and improvements thereon owned beyond its limits by a county or municipal corporation, if taxable at the time acquired by it; exempting improvements constructed by such owner upon any of its lands; and declaring all such taxable property assessable by assessor of county or municipal corporation where situated, subject to review and adjustment by state board of equalization. Assembly Constitutional Amendment No. 6, a tained as provided by law, or as hereinafter pro
resolution to propose to the people of the State vided. The word "property,” as used in this of California an amendment of the constitu
article and section, is hereby declared to include tion of the state by amending section one of article thirteen thereof relating to
moneys, credits, bonds, stocks, dues, franchises, revenue
and all other matters and things, real, personal, and taxation.
and mixed, capable of private ownership; proThe legislature of the State of California at its
vided, that a mortgage, deed of trust, contract, fortieth regular session, commencing the
or other obligation by which a debt is secured sixth day of January, nineteen hundred thirteen,
when land is pledged as security for the payment two thirds of all the members elected to each of
thereof, together with the money represented by the houses of said legislature voting in favor
such debt, shall not be considered property subthereof, hereby proposes to the qualified electors
ject to taxation; and further provided, that propof the State of California that section one of
erty used for free public libraries and free muarticle thirteen of the Constitution of the State of California be amended to read as follows:
seums, growing crops, property used exclusively
for public schools, and such as may belong to PROPOSED LAW.
the United States, this state, or to any county, Section 1. All property in the state except as city and county, or municipal corporation within otherwise in this constitution provided, not ex- this state shall be exempt from taxation, except empt under the laws of the United States, shall such lands and the improvements thereon located be taxed in proportion to its value, to be ascer- outside of the county, city and county or munic
Ipal corporation owning the same as were subject to taxation at the time of the acquisition of the same by said county, city and county or municipal corporation; provided, that no improvements of any character whatever constructed by any county, city and county or municipal corporation shall be subject to taxation. All lands or improvements thereon, belonging to any county, city and county or municipal corporation, not exempt from taxation, shall be assessed by the assessor of the county, city and county or municipal corporation in which said lands or improvements are located, and said assessment shall be subject to review, equalization and adjustment by the state board of equalization, The legislature may provide, except in the case of credits secured by mortgage or trust deed, for a deduction from credits of debts due to bona fide residents of this state.
Section 1, article XIII, proposed to be amended, now reads as follows:
Section 1. All property in the state except as otherwise in this constitution provided, not exempt under the laws of the United States, shall be taxed in proportion to its value, to be ascertained as provided by law, or as hereinafter provided. The word "property," as used in this article and section, is hereby declared to include moneys, credits, bonds, stocks, dues, franchises, and all other matters and things, real, personal, and mixed, capable of private ownership; provided, that a mortgage, deed of trust, contract, or other obligation by which a debt is secured when land is pledged as security for the payment hereof, together the money represented by such debt, shall not be considered property subject to taxation ; and further provided, that property used for free public libraries and free museums, growing crops, property used exclusively for public schools, and such as may belong to the United States, this state, or to any county or municipal corporation within this state shall be exempt from taxation. The legislature may provide, except in the case of credits secured by mortgage or trust deed, for a deduction from credits of debts due to bona fide residents of this state.
counties into which they may enter for such purposes. A concrete illustration is afforded by the counties of Tuolumne, Mono and Inyo. In furtherance of obtaining a large water supply, for municipal and other uses, the purchase by San Francisco in Tuolumne county aggregated over $1,000,000.00 worth of property. Los Angeles, in Owens river valley, acquired by purchase over 75,000 acres of land, amounting to over one sixth of the assessed value, and more than one fourth of the located agricultural land of the county. The city of Los Angeles has acquired large holdings in Mɔno county.
Before such acquisition the area was tax-paying property. Since the acquisition in Inyo county the city 0.: Los Angeles has continued to pay taxes, as a matter of justice, but its payments are accumpanied by protests, in order to preserve t it tie right of refusal to pay which many contend that it has under the constitutional provision as it stands at present, and that it might sustain in case of legal contest. While not abandoning any right from a technical standpoint, the city recognizes 'the justice of the contention upon which this amendment is based.
The city of San Francisco refuses absolutely to pay one dollar in taxes in Tuolumne county on their $1,000,000.00 worth of property, contending they are exempt from such a tax by a constitutional provision.
The proposed amendment does not penalize im. provements that the invading corporation may make. On the contrary, it expressly limits taxation to the property as acquired and excludes any improvements thereafter made.
It further gives to the owning municipality or county, assessed under its authority, the same protection against unjust assessment that other taxpayers enjoy, by making such assessments subject to competent official review.
It would be possible for an acquiring city or county to virtually destroy the government of a small county by acquiring, for one purpose or another, for municipal use, the substance of its revenue-yielding property. That such a result would be improbable and extreme does not alter the fact of its possibility. In the Inyo county instance, refusal by the city of Los Angeles to pay taxes upon real estate which has heretofore borne its due share of the expense of the county government would be a serious matter, either curtailing the county's welfare or imposing a heavier burden on other property. With such a result possible to a fractional extent, it would be equally possible to the fullest extent that the investing city might see fit to go.
It is to remedy such a condition that this amendment was proposed. Uncertainty on the matter should be removed by a legal assurance that while natural resources witl in one county may be directly used for the upbuilding of another, lands or other property already upon the invaded county's tax roll shall continue to bear its share of maintaining the local government
It is hoped, therefore, that the justice of this amendment will insure for it the approval of the people of the state.
GEO. A. CLARKE,
ARGUMENT IN FAVOR OF ASSEMBLY CON
STITUTIONAL AMENDMENT NO. 6. It provides for the taxation of such lands and the improvements thereon located outside the county, city and county or municipal corporation owning the same, as were subject to taxation at the time of the acquisition of the same by said county, city and county or municipal corporation; provided, that no improvements of any character whatever constructed by any county, city and county or municipal corporation shall be subject to taxation. All lands or improvements thereon, belonging to any county, city and county or municipal corporation, not exempt from taxation, shall be assessed by the assessor of the county, city and county or municipal corporation in which said lands or improvements are located, and said assessment shall be subject to review, equalization and adjustment by the state board of equalization.
This amendment does not seek to hinder in any way the development of enterprises by and for the benefit of counties or municipalities, in any part of the state, but to protect from loss those