78 



CALIFORNIA. 



vicious and now judicially condemned system 

 of hydraulic mining. 



It was stated by the temporary chairman 

 that " the territory subject to the evils of hy- 

 draulic mining is larger than either Massachu- 

 setts or New Jersey, and nearly the size of 

 Vermont, and in it dwell 118,785 people, and 

 in it is property valued at the lowest at $77,- 

 000,000. The section has already suffered over 

 $23,000,000 at the lowest calculation. Through 

 the territory affected the Sacramento Eiver 

 flows, staggering with loads of debris from the 

 Feather and American Rivers. The value of 

 the navigation of this stream is partially shown 

 by the statement that this year 33,000,000 

 bushels of wheat will be shipped to market by 

 it, of which 7,000,000 were raised on the mar- 

 gins of the Feather River." 



Provision was made for the formation of a 

 permanent organization to further the objects 

 of the convention. The following resolutions, 

 among others, were adopted : 



Resolved 1 . That we disclaim any desire to interfere 

 with either drift or quartz mining, or to do anything 

 against any lawful rights of hydraulic miners. 



2. That as it is the duty of the State of California to 

 defend herself against such terrible mutilation, and to 

 protect the people of the valley in the peaceful enjoy- 

 ment of their homes and of the fruits of their labors, 

 and as the two leading political parties have ignored 

 this duty, we call upon the people of the State, irre- 

 spective of political affiliations, to aid us in the de- 

 fense of our homes and in our demands for justice by 

 electing representatives to the next Legislature only 

 such candidates as are willing to pledge themselves to 

 the promotion of these objects. 



3. That we favor the passage of a law whereby the 

 several parties committing a common nuisance may be 

 joined in one suit. 



4. That the system of impounding mining debris 

 by the construction of dams in our rivers and their 

 tributaries is a delusion and a snare, and would prove 

 a constant source of danger, and that we are opposed 

 to remedial measures based on such a system, and 

 pledge ourselves to resist all legislation looking to a 

 compromise of the slickens question on such a basis ; 

 that we oppose the expenditure of one dollar of the 

 recent appropriation made by Congress for improving 

 the navigation of the Sacramento and Feather Eivers 

 and their tributaries by the construction of dams for 

 impounding mining debris, and demand that it be 

 expended in accordance with the letter and spirit of 

 the law in improving the navigation by deepening 

 their channels. 



A committee of twenty was appointed to 

 attend the Farmers' Convention to be held in 

 Stockton on the 7th of October, to which 

 committee was referred the question of nomi- 

 nating candidates. 



A convention of citizens and supervisors of 

 the counties interested had been held in Sacra- 

 mento on the 3d of May, by which resolutions 

 similar to the foregoing had been adopted, and 

 concert of action among the supervisors pro- 

 vided for. 



RAILEOAD TAXATION. Among the questions 

 relating to railroads which have arisen under 

 the new Constitution of the State, perhaps that 

 of taxation has been the most vexed. The dis- 

 putes culminated in the case of the County of 

 San Mateo against the Southern Pacific Rail- 



road Company, originally commenced in the 

 Superior Court of the State and removed into 

 the United States Circuit Court, which reached 

 a decision in September before Justices Field 

 and Sawyer. 



By the Constitution of California, all prop- 

 erty in the State, not exempt under the laws 

 of the United States, is, with certain excep- 

 tions, to be taken in proportion to its value, to 

 be ascertained as prescribed by law ; but, in 

 the ascertainment of its value as a basis for 

 taxation, a distinction is made between the 

 property owned by individuals and that owned 

 by railroad corporations. By the thirteenth 

 article, a " mortgage, deed of trust, or other 

 obligation by which a debt is secured, is 

 treated, for the purposes of assessment and 

 taxation, as an interest in the property affected 

 thereby," and, " except as to railroad and other 

 quasi public corporations," the value of the 

 property affected, less the value of the security, 

 is to be assessed and taxed to its owner, and 

 the value of the security is to be assessed and 

 taxed to its holder (section 4). But by the 

 same article " the franchise, roadway, road- 

 bed, rails, and rolling stock of all railroads 

 operated in more than one county " are to be 

 assessed at their actual value, and apportioned 

 to the counties, cities, and districts in which 

 the roads are located, in proportion to the num- 

 ber of miles of railway laid therein. No deduc- 

 tion from this value is allowed for any mort- 

 gages on the property. 



By the Constitution there is also a different 

 system of assessment provided for "the fran- 

 chise, roadway, road-bed, rails, and rolling- 

 stock " of railroads operated in more than one 

 county from that provided for the assessment 

 of other property. The assessment of other 

 property is to be made in the county, city or 

 district in which it is situated, in the manner 

 prescribed by law ; and the supervisors of 

 each county constitute a Board of Equalization 

 of the taxable property of the county, and 

 must act upon prescribed rules of notice to its 

 owners. A State Board of Equalization is 

 also created by the Constitution to equalize 

 the valuation of the taxable property of the 

 several counties, so that equality may be pre- 

 served between the tax-payers of the different 

 localities, and its action in this respect must 

 likewise be upon prescribed rules of notice. 



The assessment of the franchise, roadway, 

 road-bed, rails, and rolling-stock of railroads 

 operated in more than one county in the State 

 is to be made by this State Board. And in 

 making it the board is not required to give 

 any notice to the owners, nor is any provision 

 made for affording them an opportunity to be 

 heard respecting the valuation of their prop- 

 erty. The tenth section of the article which 

 confers this power of assessment has been held 

 by the Supreme Court of the State to be self- 

 executing, requiring no legislation for its en- 

 forcement. 



The railroad company contended that the 



