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December 31, 2008     The Julian News
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December 31, 2008
 

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December 31, 2008 California Commentary Surprise Affack on Proposition 13 by Jon Coupal In perhaps one of the most brazen political moves in California history, Democrat leadership last week unveiled a budget proposal that would shred the California Constitution by raising billions of new taxes without the required two-thirds vote. The tax hikes in the proposal would include d 2.5% surcharge on anyone paying personal income tax, an additional three quarters of one percent sales tax, an oil severance tax and replacement of current taxes on gas with even higher "fees." We have no idea who is providing legal advice to the Democrats, but they should have been informed before launching this silly proposal that, not only would a lawsuit be inevitable, the challenge would also succeed in preventing the taxes from ever being imposed. What are the Democrats thinking? The two,thirds vote requirement, one of the most important provisions of Prop. 13, clearly provides that "any changes in state taxes enacted for the purpose of increasing revenues collected, pursuant thereto whether by increased rates or changes in methods of computation must be imposed by an Act passed by not less than two:thirds of all members elected to each of the two houses of the Legislature." This language in Prop. 13 is 30 years old. Did the liberal legislative leadership just discover it? On its face, any attempt to circumvent this requirement is going to look suspicious at best. Nor is this language narrowly crafted. It applies whenever a, statute is enacted for the purpose of raising revenue. Moreover, even if the language wasn&apos;t clear, dozens of reported California cases support the position that this ,proposal is unconstitutional. Prop. 13, the courts have ruled, is to be liberally construed to effectuate its purposes. In other Prop. 13 cases, the courts have said that voter intent must 'be the guide on issues of interpretation: "The Legislature-is not always enamored with initiative measures enacted by the voters. The Legislature ought not to be able to frustrate the intent of the electorate by enacting statutes that frustrate the popular will. Consequently ... we will continue to give greater significance to the will of the electorate." Hoogasian Flowers v. State Bd. of Equalization (1994), To suggest that the intent of the voters was to permit this transparent end-run doesn't even pass the laugh test. In short, the Democrat leadership has really stepped in it. The immediate outrage from the public has been vocal and harsh -- and has only just started. From the calls coming into our offices and into talk radio, the citizenry is ready to grab their pitchforks and torches. Voters understand that which, inexplicably, has escaped Democrat leadership. This drill is a direct assault on the California Constitution that will not be tolerated and any legislator who votes for this is violating -their oath of office. What is even more amazing is that this plo'y might backfire on the power-grabbing majority party in two ways. First, they could lose the tax hikes in court, eliminating their intended billions of dollars in new revenue. But the linchpin of this scheme is a massive increase in a gas "fee" of 39 cents per gallon that consumers would pay at the pump. And, while the constitution does not permit a referendum of a "tax," there is no such prohibition against a statute which imposes a "fee." Political consultants and signature-gathering firms have quickly expressed interest in a potential, referendum campaign. They rightfully see it as a slam dunk. (Signatures could easily be gathered at gas stations as angry consumers fill up their tanks). If a referendum qualifies for the ballot, it immediately suspends -the operation of the statute until the issue is resolved at the ballot. Thus, the crafters of this too- clever-by-half scheme may want to re-think their strategy. They could lose in court on the tax hikes and lose with the electorate on the gas "fee." While they probably believe that this outcome would be tragic, the taxpaying public would probab y view it as poetic just ce. Jon Coupal is President of the HowardJarvis TaxpayersAssociation -- Cafifornia's largest taxpayer organization -- which is dedicated to the protection of Proposition 13 and promoting taxpayers' rights. Cats are rather delicate creatures and they are subject to a good many ailments, but 1never heard of one who suffered from insomnia. , - Joseph WoodKrutch Week y SUDOKU by Linda Thistle 7 2 8 6 1 3 g 3 4 7 2 8 7 6 1 2 4 i 4 3 5 5 9 1 2 1 5 4 9 8 6 Place a number in the empty boxes in such a way that each row across, each column down and each small 9-box square contains all of the numbers from one to nine. DIFFICULTY THIS WEEK: * * Moderate ** Challenging *** HOO BOY! 2008 King Features Synd., Inc. CliP Offers Wet And Winter Driving Tips The Julian News 11 (Sacramento) As weather forecasters warn of impending rain and snow headed for the state, the California Highway Patrol (CHP) is preparing motorists by offering safe driving tips. "Driving in inclement weather can pose numerous safety challenges," said CHP Commissioner Joe Farrow. "Many crashes are caused by people driving too fast in the rain, snow or fog." Last year in California 106 people were killed in collisions that occurred either in rainy, snowy or foggy conditions. Mote than 7,696 people were injured in crashes under similar weather conditions. To help drivers negotiate slick conditions while traveling through rain or snow, the CHP offers the following safety tips: Check to see .that, the windshield wipers are in good condition. Also, be sure the vehicle's headlights are on anytime you have your windshield wipers on continuously, it's the law. Reduce your speed and allow more time for your journey. The maximum posted speed limit may not apply to the wet or icy road conditions. ; If you encounter fog, again, slow down. Drive with your lights on low beam. Don't stop on a highway, unless it's an emergency. And keep a close watch on your speed. When traveling it's recommended you carry the folloling items: Tire chains and tighteners, flashlight and batteries, flares, small shovel., windshield ,scraper, waterproof clothing that!s warm, blankets, snacks and drinking water. A cellular telephone with a backup power source might be the single most important safety item available. The CHP urges you to check road conditioris often. The best way to do this is to call the California Department of Transportation (Caltrans) Road Conditions Hotline: 1-800-427- ROAD (1-800-427-7623): In: addition to overcoming weather-related obstacles, remember to, buckle' up, slow down and never drink and drive. . 16.5 ACRE BEAUTY High Meadow Ranch $299,000 = .83 ACRE, PALOMAR VIEWS Owner Will Carry $59,900 $1 000/Month, Whispering Pines, I br, 1 ba, furnished or not + hot tub and optional guest cottage, $1300/Month, Harrison Park 2br, 2ba, Like new with large dining room and ' kitchen, All appliances included, $1 .OOO.OO BUYER REWARD PROGRAM Looking to buy a home or parcel of vacant land in the Julian area? The aaents at Mountain Farms Realty love new buyers; which is why we have a Buyer Reward Proaram. New Buyers collect $1,000.00 after the close of an escrow Need money for mvinq expenses? Need to redecorate or refurbish? Want to buy some new furnit Jre? Nee<:'] I' money to paint? Need a little extra cash? Call a Mountain Farms Realtor for details I Ltoday! rian @ by Eric Stamets Answers As HeardOn The Streets Of Ju, Questions and outlandish things really are (sorry that scared you.) May I remind you that Gov. Schwarzenegger has said that "everything is on the table" including many taxpayer heads, destroying San Onofre State Park and and the ill-advised project of putting giant powerlines through Santa Ysabe/Valley and Anza Borrego Desert State Park. If you don't think that the Cuyamaca road Project is being considered, it has 43 the town hall. The only thing stopping it is that the state doesn't have enough money to advertise for bids in the Julian News. Q. Why do you write all these demeaning articles about Gov. Schwarzenegger? A. Because he is Governor. If he wasn'tl I would have to call him Mr. Schwarzenegger in my articles about him. Q. Can I at least have a Happy New Year? A. Maybe. 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Samoyi 31 Have coming 50 Sheltered e.g. 35 Make up  ,. i , e,. 32 ource: ww w.olgpawsom.,m 33 Western st. 51 Spuds' buds 9 Orbit your mind Humpty's 52 S.A. nation segment 36 It's said to perch 53 Rotate 10 "Go, team!" make you 34 Actress 54 Withered 11 Past smile Jeanne 55 Monterrey 16 Sprite-like 38 Je d Ctampett 35 Erstwhile monarch 20 Branch  actor acorn DOWN 23 Jacob's 39 Villainous 36 Paratrooper's 1 Undergoes brother , look need recession 24 Hit 42 Prevaricator 37 Bashful 2 Body powder repeatedly 43 Concerning friend? 3 Neighbor- 25 "Boola Boola" 44 Like quiche 39 The girl hood campus 45 -, de deux 40 A/C meas. 4 Planned in 26 G-men 46 Matterhorn or 41 "South detail, with 27 Count . Jungfrau Pacific" "out" counterpart 47 Floral heroine 50uzo 28 Verifiable garland 45 The gang flavoring 29 Tie up the 49 Zee preceder 6 Hostel phone @ 2008 King Features Synd., Inc. 2008 by King Features Syndicate, Inc. World rights reserved. F' It , A Weekend Handyman Service Too Big for You, Too Small for Them, Too Fun for Me Plumbing. Electrical. Drywall. Concrete. Brush. Firewood Brian Denny 7 Years Facles Management 760/765-1337 3 Years General Construction 760/212-4954[C] 10 Years Building Mate,'ials ACROSS 1 Timetable abbr. 4 Cripple 8 Poet Teasdale 12 Prohibit 13 King of Siam's friend 14 Mount- aineer's foothold 15 Censor's job 17 Canyon comeback 18 Resells for a 27 Kin00l Crossword i ort of the toll road through vas meant to warn you how Q. We read a lot about the mayor of Julian. Who is he? A. For the sake of privacy and not unduly influencing jurors in his upcoming trial on his indictm'ent over (ampaign contributions, we cannot publish his name at this time, bu your neighbors since he is widely known Harley start up irr the morning, you may girlfriend and didn't even realize it. Q. Why did you scare us with the re Cuyamaca State Park? A. This was not meant to scare you- it :you can easily ask one of n Julian. If you hear a loud live next door to him or his Every so often we accumulate a few qttestions from readers about some previous articles that certainly needto be answered in a straight been on the highway masterplan for over 100 years. For absolute forward manner, proof of this you could have gone and seen this Year's Melodrama at