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Californid. Constitution

Amendments to Constitution

Proposed Statutes

With Arguments Respecting the Same

To be submitted to the Electors of the State of California at the

General Election on

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CERTIFICATE OF SECRETARY OF STATE.

STATE OF CALIFORNIA,
DEPARTMENT OF STATE.

SACRAMENTO, CALIFORNIA, September 3, 1912. To the qualified electors of the State of California:

WHEREAS, the legislature of the State of California at its extraordinary session of the thirty-ninth regular session beginning on the 27th day of November, 1911, and ending on the 24th day of December, 1911, two thirds of all the members elected to each of the houses of said legislature voting in favor thereof, proposed the following several amendments to the constitution of the State of California, designated by the following numbers, to wit:

Senate Constitutional Amendment No. 3 and Assembly Constitutional Amendment No. 3.

AND WHEREAS, there has been presented to me within ninety days after final adjournment of the legislature in said extraordinary session, petitions signed by qualified electors equal in number to 5 per cent of all the votes cast for all candidates for governor at the last preceding general election at which a governor was elected, asking that the following acts or sections or parts of acts of the legislature be submitted to the electors for their approval or rejection, to wit:

1. An act to amend section 4013 of the Political Code of the State of California, relative to the officers of a county ;

2. An act to amend the Political Code of the State of California by adding two new sections thereto, to be numbered 4149e and 4149f, providing for the appointment of a registrar of voters, prescribing his duties and fixing his term of office and the compensation to be paid such registrar in the varions classes of counties; and

3. An act to amend section 4232 of the Political Code of the State of Californa relating to the salaries and fees of officers in counties of the third class.

AND WHEREAS, petitions have been presented to me signed by qualified electors equal in number to 8 per cent of all the votes cast for all candidates for governor at the last preceding general election at which a governor was elected, proposing the following laws and amendments to the constitution, to wit:

1. Proposition to amend section 7 of article XI of the constitution of the State of California relating to the formation of consolidated city and county governments ;

2. An act to prohibit bookmaking and pool-selling, and to provide for a state racing commission to grant licenses for horse racing in the State of California, for a limited period, and the permitting of wagering upon such racing by the Paris Mutual and Auction Pool systems only; and

3. A proposition to amend article XIII of the constitution of the State of California by the addition of a new section to said article, to be designated and numbered as section 81 of said article, relating to taxation by counties, cities and counties, cities, towns, districts and townships.

Therefore, pursuant to the constitution and the laws of the state, I have caused to be printed and transmitted to each of the county clerks in this state, and to the registrar of voters of the city and county of San Francisco, for distribution to said qualified electors, copies of said proposed amendments to the constitution and propositions (and accompanying statements) to be voted upon at the general election to be held on the 5th day of November, 1912.

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Secretary of State.

FREE SCHOOL TEXT-BOOKS.

EXISTING LAW.

PROPOSED LAW.

ASSEMBLY CONSTITUTIONAL AMENDMENT NO. 3.
A resolution to propose to the people of the State of California an amendment to

the constitution of the state by amending section 7 of article IX thereof, relating

to boards of education, free text-books, and minimum use of such text-books. Resolved by the assembly, the senate examination of teachers and the granting concurring, That the legislature of the of teachers' certificates within their reState of California, at its extraordinary spective jurisdictions. session, commencing on the twenty-sev Section 7, article IX, proposed to enth day of November, nineteen hundred be amended as above, now reads as and eleven, two thirds of all the members

follows: elected to each of the two houses of said legislature voting in favor thereof, hereby proposes to the people of the State of Section 7. The governor, the superCalifornia that section 7 of article IX of intendent of public instruction, the presithe constitution of the State of Califor- dent of the university of California, and nia be amended so as to read as follows: the professor of pedagogy therein and the

principals of the state normal schools,

shall constitute the state board of educaSection 7. The legislature shall pro- tion, and shall compile, or cause to be vide for the appointment or election of a state board of education, and said board compiled, and adopt a uniform series of shall provide, compile, or cause to be text-books for use in the common schools compiled, and adopt, a uniform series of throughout the state. The state board text-books for use in the day and even- may cause such text-books when adopted, ing elementary schools throughout the to be printed, and published by the superstate. The state board may cause such intendent of state printing, at the state text-books, when adopted, to be printed and published by the superintendent of printing office; and when 80 printed and state printing, at the state printing office; published, to be distributed and sold at and wherever and however such texto the cost price of printing, publishing and books may be printed and published, they distributing the same. The text-books, shall be furnished and distributed by the so adopted, shall continue in use not less state free of cost or any charge whatever, than four years, without any change or to all children attending the day and alteration whatsoever which will require evening elementary schools of the state, or necessitate the purchase of new books under such conditions as the legislature by such pupils, and said state board shall shall prescribe. The adopted, shall continue in use not less perform such other duties as may be prethan four years, without any change or scribed by law. The legislature shall alteration whatsoever which will require provide for a board of education in each

necessitate the furnishing of new county in the state. The county superinbooks to such pupils, and said state board tendents and the county boards of educashall perform such other duties as may tion shall have control of the examination be prescribed by law. The legislature shall provide for a board of education in of teachers and the granting of teachers' each county in the state. The county certificates within their respective jurissuperintendents and the county boards dictions. [Amendment adopted October of education shall have control of the 10, 1911.]

or

REASONS FOR ADOPTING ASSEMBLY CONSTITUTIONAL
AMENDMENT NO. 3, RELATING TO BOARD OF

EDUCATION AND FREE SCHOOL BOOKS.
This proposed amendment changes sec- books for use in the day and evening
tion 7 of article IX of the constitution by elementary schools of the state shall be
providing for a reorganization of the furnished by the state free of charge
state board of education by the legisla- or any cost whatever to the children at-
*ture-necessarily with the approval of the tending such schools; instead of, as at
governor.

present, that such text-books shall be With the power and corrective of the furnished to such children at the cost initiative, referendum and recall in the price. hands of the people no fear need exist Except for the two changes above that the legislature, the governor and noted, the proposed amendment makes no such reorganized board of education change in the existing law. would not perform their full and compre Under the amendment the best expert hensive duties in their respective spheres services of the country may be employed, of action.

or the best of copyrights may be used The amendment provides that text-I under the royalty system, for the pur

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pose of providing for a uniform series of American spirit will not endure such text-books for a standardized, uniform, humiliation. fundamental education of the children of Opponents of this amendment will the state, which text-books may be probably argue that it is unjust that the printed, as now, at the state printing state should be required to furnish free office.

text-books in the public elementary schools The adoption of the amendment will and not furnish the like books free to make our elementary or common school similar grades in private schools under education free in fact as well as in name. private control. The same objection can

With free schoolhouses, free school as reasonably be made to the whole public grounds, free tuition, and free apparatus, school system. The complete answer to there is no reason why free text-books, the objection is, that the state should not the most needful of all, should not be support, in whole, or in part, two school furnished.

systems, the one system under state conThe cost to the state in making the trol and the other system under private change will be nominal. The cost of all control. the text-books of the state series furnished There are opponents to this amendment to the school children of the state for the who profess to doubt its validity. Nearly fiscal year ending June 30, 1911, all of the senate, and practically all of amounted to only $194,264. If a tax to the assembly, lawyers and laymen, hold it raise that amount had been levied against to be valid. This fact, without entering the assessed valuation of all property in into argument, should be sufficient. the state for that year, such tax would

A Warning. have amounted to only seven and four tenths mills upon the one hundred dol Some school-teachers, acting consciously lars valuation. If we add to this the or unconsciously in the interest of the cost of supplementals forced into the private book-publishing concerns, the schools through the efforts of book agents, book trust, have advocated the submisteachers and boards of education, which, sion of a constitutional amendment in in some counties, exceeds the cost of the opposition to the foregoing Assembly regular series provided by law, the cost to Constitutional Amendment No. 3, which the state will still be nominal.

| proposed measure they hope to get upon Under the present efficient management the ballot through the initiative, by petiof state printing, the cost of the state tion. This scheme provides for local series of text-books has been reduced, on adoption by each county, city and high an average, at least twenty per cent, and school district, making in all some three the same management has demonstrated hundred and twenty-five different possible that henceforth these books may be adoptions, would destroy a uniform, funprinted and bound, using the best mate- damental education, and would put the rials and workmanship needed for the pur- state completely at the mercy of the pose, for at least twenty per cent less book trust as to the text-books to be used than the former cost price. Such text- and prices to be paid. The state printing books will be used under such sanitary office would be eliminated as a factor and and other regulations as may be pre- the immense cost of the state printing scribed by the legislature.

plant, including the machinery, would be So far as cleanliness and prevention of virtually thrown away, for the sole and transmission of disease is concerned the only purpose of paying enormous profits children of the state will be as well or to the book trust. better protected under the free th under

Therefore, every voter in the state the present system, where the child and should vote for Assembly Constitutional parents, under the theory of absolute Amendment No. 3, which will be No. 2 ownership, believe they are entitled to do in the column on the ballot containing the as they please with that which they own. amendments and propositions to be voted Under private, or any, ownership or con

upon; and every voter should likewise trol, a book carried into the presence of vote AGAINST any other amendment relainfectious disease will, like clothing on tive to text-books which may appear upon the person, carry infection into the

such ballot. schools. Hence, real protection does not

T. W. H. SHANAHAN, relate to the ownership of the book, but

Author and introducer, to public and private care in preventing

Senator Second District. the transmission of disease.

JOHN F. BECKETT, Free text-books will remove the last

Assemblyman Sixty-third District. excuse that some selfish parents have for

FRANK M. SMITH, not sending their children to school. In

Assemblyman Fifty-first District. many, many cases poor families will be

ROBERT L. TELFER, benefited out of all proportion to the cost.

Assemblyman Fifty-fifth District. It is true, on a pauper showing, free text

DAN E. WILLIAMS, books may now be procured; but the

Assemblyman Twenty-sixth District.

Introducers.

Four

ARGUMENT AGAINST ASSEMBLY CONSTITUTIONAL AMEND

MENT NO. 3, RELATING TO BOARD OF EDUCA

TION AND FREE SCHOOL BOOKS. It is provided by law that arguments offending the feelings or sensibilities of for and against a proposed constitutional the applicant. amendment should be sent by the secre There is a stringent objection, from a tary of state to each voter, together with sanitary standpoint, viz., to give to a such constitutional amendment. Having scholar an old and soiled text-book which been appointed by the speaker of the as- has been used by others may tend to the sembly of the State of California, to pre spreading of germs and the dissemination pare and present points against the so- of children's diseases. I have been incalled "Free Text-Book Amendment,” I formed that the epidemic of infantile beg to submit the following:

paralysis, last year, in the city of Boston, The title FREE TEXT-BOOKS, as applied was largely attributed to the use of in

fected school text-books. to the foregoing proposed constitutional

Educators—teachers in class room prinamendment, is a misnomer, for the reason cipally, uniformly say that scarcely anythat the cost of the text-books comes from thing plays a greater part in creating a the state treasury, and you, Mr. Voter, liking in a child for study than a new, are paying for the same through your crisp and clean text-book-a thing which, taxes. It is true, of course, that the state during the four years that a text-book is funds are supplied by the corporations, in use, would be unknown. If it were to but in the event that the taxes derived be the intention of disinfecting these from the corporations are insufficient to school books after a child had used them, operate the state government, you will be the cost of such disinfection would be required to pay to the state your pro rata great and the process destructive. of that deficit in order to meet the needs As a general proposition, when one reand requirements of the state government. ceives something for nothing, it is usually The cost of printing school text-books and treated as being worth nothing, therefore distributing them free of charge will run these books will not receive the same into large figures each year, and may treatment at the hands of the children cause or contribute to the cause of creat- that a privately owned book would reing a deficit, and those of you who do not ceive. A parent who is obliged to spend have children attending the public ele- a few cents which a text-book costs usumentary schools will be contributing to ally sees to it that his child does not the cost of the books of such children as destroy, mutilate, or otherwise abuse the do attend such schools.

book; such parental supervision, in the Such an amendment as the foregoing is event of free text-books, will be entirely not required for the purpose of assisting eliminated. parents who may be unable to pay for

The giving of books free to the children their children's books used at public of state schools and not the children of school. If a parent is financially unable other schools (and all of them contribute to pay for school books for his or her to a great educational benefit to our peochild, or children, there is a provision in ple), is a discrimination and increases the the law which will enable such parent to burden of supporting schools which are obtain school books free of charge, upon not operated by the state. the proper application being made there

For the oregoing reasons, I believe for. A sensible teacher or principal, to that this amendment is unnecessary, and whom such application is made, will cer- should be defeated. tainly keep such application from being

MILTON L. SCHMITT, publicly known, and will thereby avoid

Assemblyman Fortieth District.

IRRIGATION DISTRICT BONDS.

SENATE CONSTITUTIONAL AMENDMENT NO. 3. A resolution to propose to the people of the State of California an amendment to sec

tion 163 of article eleven of the constitution, relating to the deposits of moneys

belonging to the state, or to any county or municipality within the state. The legislature of the State of Califor-, article eleven of the constitution of this nia, at its extraordinary session of the state be amended so as read as follows: thirty-ninth session, commencing on the twenty-seventh day of November, A. D. Section 163. All moneys belonging to nineteen hundred and eleven, two thirds the state, or to any county or municiof the members elected to both the senate pality within this state, may be deposited and assembly, respectively, voting there- this state, or in any bank or banks or

in any national bank or banks within for, hereby proposes to the people of the ganized under the laws of this state, in State of California that section 161 of such manner and under such conditions

Five

PROPOSED LAW.

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