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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 and partly in foreign country, and necessary for its use and purposes, to acquire, in manner authorized by law, the stock of any foreign corporation which owns or holds title to the part thereof situated 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 Constitution of the State of California by amending section 31 of article IV (4), relating to irrigation 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 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 so that section 31 of article 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 established, in aid of or to any person, association, or corporation, whether municipal or otherwise, or to pledge the credit thereof, in any manner whatever, for the payment of the liabilities of any individual, association, municipal or other corporation 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 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 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 acquiring the control of any entire international water system necessary for its use and purposes, 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 na power to give or to lend, or to authorize the giv ing or lending, of the credit of the state, or of any county, city and county, city, township, other political corporation or subdivision of U state now existing, or that may be hereafter tablished, in aid of or to any person, association or corporation, whether municipal or otherwise or to pledge the credit thereof in any manner whatever, for the payment of the liabilities of any individual, association, municipal or other corporation 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 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.

ARGUMENT IN FAVOR OF ASSEMBLY CON-
STITUTIONAL AMENDMENT NO. 24.

The amendment consists in adding the proviso that irrigation districts may own stock in a foreign corporation where such ownership is necessary to acquire control of any international water system. This amendment affects only Imperial 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 control 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 Mexican corporation, which is forbidden as our constitution 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 PUBLIC 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 legislature 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 railroad 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 resolution to propose to the people of the State of California an amendment of the Constitution of the State of California by 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.

The legislature of the State of California at its regular session commencing on the 6th day of January, 1913, two thirds of all of the members elected to each of the two houses of the said legislature 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 section 23a of article XII, to read as follows:

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 taking 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 legislature 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 valid.

ARGUMENT IN FAVOR OF ASSEMBLY CON

STITUTIONAL AMENDMENT NO. 87.

The state legislature, at its last session, adopted an act authorizing the state railroad commission to determine the just compensation to be paid by any county, city and county, incorporated city or town or municipal water district for the acquisition, in eminent domain proceedings, of any public utility desired to be acquired and operated by such county, city and county, incorporated city or town or municipal water district. 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 ascertainment 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 advantage of this law and asked the railroad commission to so assist them. It was thought the law was constitutional, but some question was suggested and, therefore, as an extra precaution the legislature submitted this constitutional amendment approving and ratifying the act and authorizing 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 conflict 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, 2 U. S. 90. The same court has also held that this provision of the federal constitution 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. Ross, 167 U. S. 548. W. A. SUTHERLAND, Assemblyman Fifty-first District. J. H. GUILL, JR., Assemblyman Seventh District.

CONSTITUTIONAL CONVENTIONS.

Assembly Constitutional Amendment 88 amending section 2 of article XVIII of constitution. Present section unchanged except in following particulars: provides that delegates to constitutional 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.

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 revising 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 voting 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 members elected to each branch of the legislature shall deem it necessary to revise this constitution, 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 providing for calling such convention, the legislature shall make provision for the election of delegates not to exceed in number that of both

as

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. Each of the delegates shall 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 hereinafter provided. Said
non-partisan primary election shall be held as
the 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.
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

If

SO

candidates at such further election; provided, that if there be any person who, under the foregoing provisions, would have been entitled to become a candidate for such office except for the fact that some other candidate received an equal number of votes therefor, then all such persons receiving such equal number of votes shall likewise become candidates for that office. The candidate for any such office who shall receive the highest number of votes at such further election shall be declared elected to such office. 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 submitted by the legislature, provide for any other plan for nominating and electing any delegates to any such convention. The delegates 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 directed 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 call to his assistance the controller, treasurer, and secretary of state, and compare the returns so certified to him; and it shall be the duty of the executive to declare, by his proclamation, such revised constitution, as may have been ratified by a majority of all the votes cast at such special election, to be the Constitution of the State of California.

Section 2, article XVIII, proposed to be amended, now reads as follows:

EXISTING LAW.

Section 2. Whenever two thirds of the members elected to each branch of the legislature shall deem it necessary to revise this constitution, 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. The convention shall consist of a number of delegates not to exceed that of both branches of the legislature, who shall be chosen in the same manner, and have the same qualifications, as members of the legislature. The delegates so elected shall meet within three months after their election, at such place as the legislature may direct. At a special election to be provided for by law, the constitution that may be agreed upon by such convention 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 call to his assistance the controller, treasurer, and secretary of state, and compare the returns so certified to him; and it shall be the duty of the executive to declare, by his proclamation, such constitution as may have been ratified by a majority of all the votes cast at such special election, to be the Constitution of the State of California.

ARGUMENT IN FAVOR OF ASSEMBLY CONSTITUTIONAL AMENDMENT NO. 88. When the question of calling a convention to revise our present state constitution was before the last legislature for consideration, certain radical defects both as to the method of choosing

delegates to and the powers of such a convention were discovered. This amendment corrects such defects. It was heartily supported both by those who opposed a convention at this time (including the author of this amendment) and by those favoring such a convention (including the author of that proposition).

The defects corrected are:

First-A non-partisan method of selecting delegates is substituted for a partisan one.

By requiring their election in the same manner as members of the legislature, the present wording necessitates the election of delegates as partisans-Progressive, Republican, Democratic or what not. The same compelling reason that now requires the non-partisan selection of freeholders to frame a city charter still more demands that the framers of a new constitution shall be so selected.

The method of selection is the so-called "Berkeley" plan, now in force in San Francisco, Sacramento, Berkeley and other cities. If one candidate gets a majority of all the votes cast at the first, or primary, election, he is thereby elected. If no one so gets a majority the two highest fight it out at the second election. However, if any other plan of selecting delegates shall hereafter seem better, the legislature submitting the question of a convention can, at the same time, submit such other plan, which if approved is used for such convention without necessitating a change in the constitution.

Second-The time within which the convention must meet after the election of delegates is changed from "three" to "nine" months.

In order that the attention of the people of the state be focussed on the work of such an important convention, it should not be held during a session of the legislature. The only way this could be avoided under the present provision would be to hold two special elections for the nomination and election of such delegates, thereby involving a public expense of at least half a million dollars, which could be saved under the "nine months" provision by utilizing the regular elections.

Third-Proper powers are given the convention. Under the present provision, the convention can do but one thing-submit for adoption or rejection one entire, complete constitution. A constitution, desirable on the whole, may be defeated through containing some one provision upon which the voters differ from the convention, and so the whole work and expense of the convention go for naught. The added power to submit alternative propositions (already possessed by city charter framers) makes possible the approval or rejection of a doubtful provision without endangering the constitution as a whole.

It is further made possible (as is now the case in many states) for the convention to submit its work in the form of separate amendments, thus giving the people a chance to vote on each separate amendment.

Out of the thirty-five states providing for constitutional conventions, but four place such limits on their powers as does California.

Wм. C. CLARK, Assemblyman Thirty-seventh District. HENRY WARD BROWN,

Assemblyman Forty-second District.

MINIMUM WAGE.

Assembly Constitutional Amendment 90 adding section 171⁄2 to article XX of constitution. Authorizes legislature to provide for establishment of minimum wage for women and minors, and for comfort, health, safety and general welfare of any and all employees; declares that no constitutional provision shall be construed as limiting authority of legislature to confer upon any commission now or hereafter created such power as legislature deems requisite to accomplish provisions of this section.

Assembly Constitutional Amendment No. 90, a resolution to propose to the people of the State of California an amendment to the the Constitution of the State of California by adding to article XX, a new section to be numbered 17 relating to the conditions of labor and welfare of employees.

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 the said legislature voting in favor thereof, hereby proposes an amendment to the Constitution of the State of California by adding to article XX thereof a new section to be numbered as 17 to read as follows:

PROPOSED LAW.

Section 171. The legislature may, by appropriate legislation, provide for the establishment of a minimum wage for women and minors and may provide for the comfort, health, safety and general welfare of any and all employees. Νο provision of this constitution shall be construed as a limitation upon the authority of the legislature to confer upon any commission now or hereafter created, such power and authority as the legislature may deem requisite to carry out the provisions of this section.

ARGUMENT IN FAVOR OF ASSEMBLY CON

STITUTIONAL AMENDMENT NO. 90.

The legislature of 1913 passed an act creating an Industrial Welfare Commission, whose duties are to carefully investigate the wages paid, conditions of work, the hours, and general welfare of the working women and children of California. Following this investigation, the commission, after conferences with employers and employees, may determine and fix the minimum wage for women and minors in any industry or occupation in California. This minimum wage must be based upon the cost of proper living.

In 1911 bills were passed controlling the hours of women's and children's work, and it was obvious that the work was less than half done unless the other two minimum rules of industrial life were also made to protect this weakest and most helpless class; that is, that the safety and the sanitary conditions in which women worked should be controlled, and, what was more important, that they should be certain of a living wage a wage that insures for them the necessary shelter, wholesome food and sufficient clothing. We know that the absence of this is the cause of ill health, lack of strength for a good motherhood, and frequently degeneracy an prostitution for the weakest. It has been s many times by careful investigators that in the older and more populous industrial centers the long periods of non-employment in seasonal industries which pay small wages are always accompanied by a large influx of girls to the ranks of the prostitute because of actual want.

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Our conditions in California are comparatively good, yet from the statistics of the Bureau of Labor we find that forty per cent of the women and girls employed in our great state to-day receive less than $9.00 per week. This is much better than the older industrial states, but the fact remains that fully 15,000 women in this

state are receiving under that sum. Is $4.00, $5.00, $6.00, $7.00, or $8.00 a week enough to provide a growing woman with proper living? The work of the Industrial Welfare Commission is to find out what proper living costs. What it really costs to house, feed and clothe a woman dependent upon herself in the different parts of California; to find out what are the actual conditions of her employment and to investigate into the health, safety and welfare of the workshops. When this investigation has been made, which must take place in this great state, the commission may determine the minimum wages, length of periods of apprenticeship, and hours of labor, not to exceed the limit prescribed by law, which is eight hours in some industries.

The most powerful reason for action at this time is to get the wage fixed before the opening of the Panama canal, when the great horde of cheap labor from southern Europe will come to lower the California standard of living and tend to bring the American and native born down to living conditions entirely foreign to us and to the California ideal of necessary comfort.

Many employers in California pay good wages and desire proper conditions for their employees, and many succeed in giving these conditions now, but less kindly employers undersell the better ones because they pay lower wages. These unfair employers will be compelled to come up to the standard set by the commission after its investigations, and thus be placed in a position where they will be on the same competitive basis as the employers who are to-day giving their employees proper living and working conditions.

With adequate food and comfortable housing, the workers will be more efficient and can give better value for the money received.

Interstate competition will not be a considerable factor, as Oregon and Washington have similar commissions, and are controlling their conditions of industry as in California.

The legislature also passed constitutional amendment to article XX, numbered section 171, giving the legislature, or its delegated body, the commission, the right to fix minimum wages, and this is done to make sure that after the commission's work is done, its findings and rulings can not be assailed and made useless by the state courts declaring this act unconstitutional. To insure the women and minors of this state a living wage it is most necessary that the voters of California vote "Yes", on this amendment.

A similar law in Oregon has been sustained by the Oregon courts and is now before the United States supreme court. Louis D. Brandeis and Josephine Goldmark have presented the brief in support of this law. It is expected that the United States supreme court will hold as it has with the eight hour law-"legislation that is not in conflict with the federal constitution, but is an extension of the police power of the state." Το be sure that nothing in our state constitution will prevent this great act of justice and mercy being done to protect the women of this state, vote "Yes" on Assembly Constitutional Amendment No. 90.

W. A. ROBERTS, Assemblyman Sixty-first District.

ARGUMENT AGAINST ASSEMBLY CONSTI-
TUTIONAL AMENDMENT NO. 90.
First-There should be no legislation fixing a
minimum wage for either women or minors.
Women are fitted to perform, without previous
experience and study, but very few avocations.

In many cases a woman without experience is helpless, while if given time and an opportunity she readily becomes useful and a valuable worker.

To fix a wage arbitrarily, and say unless paid this sum she shall not be employed at all, takes from her the opportunity many times to any employment whatever and the help, encouragement and assistance of those employers who otherwise would give her a chance.

Second-There is as much difference in the capacity and ability of different women as of different men-either may be in such condition, mentally or physically, as to need great care and attention before they can adapt themselves to any kind or character of employment.

These

people need especial care and well directed persevering effort to bring them to such condition that they are of any value as help. They therefore should be encouraged, not discouraged, in their endeavors to be self-supporting, or at least partially so. A fixed minimum wage destroys all their opportunity.

Third-These same reasons apply to minors, with the additional reason that experience teaches us that children should be taught how to work, allowed to work, and encouraged to work, and permitted to work, regardless of the matter of any recompense whatever. Our cities are filled, our streets are lined with men who will not work, the great reason being because they were never taught how to work, nor encouraged in any work. To say that a child shall not work without a fixed pay deprives the child of opportunities which have always made the willing child of to-day the future leading man of our country. It is fundamentally wrong.

WILLIAM B. SHEARER, Assemblyman First District.

ELECTION OF UNITED STATES SENATORS.

Assembly Constitutional Amendment 92 amending section 20 of article V of constitution. Eliminates provisions of present section prohibiting governor from being elected United States senator during his term of office, and instead provides that such senators shall be elected by the people of the state in the manner provided by law.

Assembly Constitutional Amendment No. 92, a resolution to propose to the people of the State of California an amendment to the Constitution of the State of California, by amending section 20 of article V thereof, relating to the election of United States senators. The legislature of the State of California at its regular session commencing on the sixth 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 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 so that section 20 of article V of said constitution shall read as follows:

PROPOSED LAW.

Section 20. United States senators shall be elected by the people of the state in the manner provided by law.

Section 20, article V, proposed to be amended, now reads as follows:

EXISTING LAW.

Section 20. The governor shall not, during his term of office, be elected a senator to the senate of the United States.

ARGUMENT IN FAVOR OF ASSEMBLY CON-
STITUTIONAL AMENDMENT NO. 92.
The object of the amendment is to make the
Constitution of California conform to the Con-

stitution of the United States in its provision for the election of United States senator. The United States Constitution provides that the senate shall be the judge of the election, return and qualifications of its members. The present provision of the Constitution of California, providing that the governor shall not, during his term of office, be elected as senator to the senate of the United States, is, therefore, in conflict with the Constitution of the United States, and this conflict should be removed by the adoption of the proposed amendment.

The reason for the provision in the state constitution, prohibiting the election of a governor of the state to the United States senate, no longer exists. When members of the United States senate were elected by the legislature, it might have been possible for the governor to use undue influence on the legislature to secure his own election to the United States senate, but now that members of the United States senate are elected by a direct vote of the people, there is no reason for any restrictions upon the right of the people to choose whom they see fit to fill the office. L. D. BOHNETT, Assemblyman Forty-fourth District. WILLIAM B. BUSH, Assemblyman Twenty-sixth District.

CALLING CONVENTION FOR REVISION OF

CONSTITUTION.

Assembly Concurrent Resolution 17.

Recommends that electors vote for or against a convention for revising the constitution; provides that if majority vote in favor thereof, the legislature shall at next session provide for election of delegates to such convention and the holding thereof state capitol within three months from date of election calling the same, and that it shall continue in session until it has completed the work of revision and provided for submission thereof to electors.

Assembly Concurrent Resolution No. 17, a resolution recommending the calling of a convention for the revision of the Constitution of the State of California, recommending that the electors of the state vote at the next general election for the calling of a convention to revise the constitution, and to provide the number and qualification, compensation, and manner of electing the delegates to such convention. Resolved by the assembly, the senate concurring, That the legislature of the State of California, at its regular session, commencing on the

sixth day of January, one thousand nine hundred and thirteen, two thirds of all the members elected to each house concurring, hereby recommend that the electors of the state vote at the next general election upon the proposition to call a convention to revise the state constitution, such proposition to read as follows:

Section 1. Two thirds of the members elected to each branch of the legislature for the fortieth session of the legislature of the State of California. commencing on the sixth day of January, one thousand nine hundred and thirteen, do

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