Story of the Session of the California Legislature of 1909Hichborn, Franklin
History
Story of the Session of the California Legislature of 1909
Hichborn, Franklin
California -- Politics and government
Under this section, as it at present reads, the Supervisors may direct
the Assessor to assess property that may have escaped assessment, but
there is no machinery provided by which the property may be discovered.
Senate Bill 1229 provided the machinery by which the unassessed property
might be discovered, by adding to the section quoted above: "And the
Board (the Supervisors sitting as a Board of Equalization) may employ
legal or other assistance in discovering any taxable property that has
escaped assessment in the performance of their duties under this
section."
Senate Bill 1230, the companion bill, provided that the Supervisors may
subpena witnesses in all matters pending before them when sitting as a
Board of Equalization. Under the present law, they can compel attendance
of witnesses only upon the particular point under consideration.
The necessity of the amendments was generally admitted. The task of the
Assessor is at best no easy one. Through his deputies he must list all
the property in his county - that he can find.
The holdings of the small property owners are in sight, and, down to the
last chicken, go on the assessment roll.
The property of the large corporation is not so readily discovered and
$100,000,000 worth of it, according to conservative estimate, escapes
assessment. The Assessors, with comparatively small force of deputies,
have no way to force its assessment.
The Board of Supervisors, sitting as a Board of Equalization, may know
that the unassessed property is in existence, but has no way to reach
it. The Board may, under section 3681 of the Political Code quoted
above, direct the Assessor to assess it, but the law stops there. There
is no machinery provided for the discovery of the property. Senate Bills
1229 and 1230 provided the machinery. They were introduced by Senator
Sanford of Mendocino. Before their significance was appreciated by
Southern Pacific lobbyists, the Senate Judiciary Committee had
recommended them for passage.
When Burke did grasp the significance of the measures, he demanded of
Sanford that they be withdrawn. The argument which Burke advanced
against them was in effect as follows:
"These bills are the most un-American propositions I ever heard of,"
said Burke. "They make of the Boards of Supervisors inquisitorial
bodies. The corporations have property which they prefer to conceal.
They prefer arbitrary assessments. They do not care to make returns to
the Assessor. The passage of these bills would compel them to make
returns."
Public-domain text, read in full here on John Shaqi.
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