Los Angeles daily herald., 1876-05-03

ton; and, in my judgment. that con
struction ought not to be changed, ex
cept upon more cogent reasons thar
are presented In this case.n
This case furnishes an elegant Tar
gumentn with which the best intellec
may occupy itself pleased and In.
structed: evidently it Is not to be
treated as final Judgment, to deter.
mine and govern all the political re-
Iations of municipalities toward the
State.
The only provisions Of the Constitu-
tion of this State, concerning incorpo-
rated cities, are the following:
Art. W., .9ec. 81. M ztls
I" 1t shall he the duty of the Legis-
lature to provide for the organization
Of cities and Incorporated villages,
and TO restrict their powers of taxa
ton, assessment, borrowing money,
contracting debts, and loaning their
credit, SO as to prevent abuses in as
sessments and In contracting debts by
such municipal corporations"
Art. XII. Sec. 9.
Each county, town, city, and In
corporated village shall make provi-
sion for the support of its own officers,
subject to such restrictions and regu-
lations as the Legislature may pre-
scribe.
See Art. Nv. Sec. 80, ante p. II.
Otherwise that instrument is silent,
upon the particular forms of the mu-
nicipal governments, or the powers
that may be conferred upon their vari-
GUS officers. aa
These matters belong to the Legie-
lature to determine, as 1t may deem
best, according to the diversified in
terests and condition of each commu-
nifty. This proposition, in the same
or equivalent language, has always
been maintained in this State, by the
Courts. Justice Field (Blanding Va.
Burr, 13 CAL, 343, says:
|" 1t is only for the convenient ad-
ministration of the Government that
the State is divided into 5 counties,
cities and towns. These political SUBJ
divisions are mere instrumentalities
with powers more or less enlarged,
according to the requirements Of the
public. These powers are subject to
be increased, restricted, or repealed,
at the will of the Legislature, accord
ing to the varying circumstances Of
the State"
Often the long enjoyment Of suc-
cess, even on the narrow theatre Of To-
cal politics, begets confidence that
treats office as species Of property
"a vested right.n An eminent Judge
has remarked:
"The proposition is an absurd one,
that political power conferred by the
Legislature can become q vested
right, as against the Government, in
any individual or body OF men,"
Nelson, J., People vs.. Morris, 13 Wend.
1885,.
"The powers conferred on muui-
cipal corporation are not III the ma
ture of a compact. They are subject
to repeal or modification, at the will
of the legislative powern Gases
cited l Brightley's Dig, p. 1876. Sec.
l07,) Dillon on Corporations ~, and
authorities there cited.
Although as early as the year 1850,
a general law of California essayed to
establish a uniform system of city
government, notifications of its es-
sential features became necessary in
all the cities, from time to time. This
has repeatedly happened to the city
of Los Angeles-through special Acts
lin the years 1851, 1852, 1854, 1856,
1859, 1852; again, in 1874; then again
by the "Amended Charter" Of the
present year.
By the Act creating this Board, we
have merely another change of the
municipal government, a re-distribu-
tion of that aggregate authority which
the State has been willing to delegate
to the corporation, over its citizens
and their property; this to be exer-
cised through two distinct elective
organizations of officers, in their rela-
tions each so far independent of the
other and so limited within its own
province, that one cannot usurp the
functions of the other. The local
gOvernmen, has been re-m0deled by
the sovereign, that is all.
The members of the Board are city
officers. like the members of the
Council, their powers respectively oil
derived from the common fountain Of
municipal authority and municipal
privileges-the Legislature.
Both for their public conduct are re-
sponsible to the peoples aud one Is held
to the faithful performance of duty by
an additional heavy pecuniary obiiga-
tion. The fact that the Board COM
mences its career under appointment
fairly cannot affect the question more
than the circumstance that the Judge
of the City Court and Chief of Police,
according to the amended charter, are
also to be appointed-this being the
legislative will; or that, in the form
alton of new counties and judicial
districts, the State courts have to he
organized in the same way.
This power to regulate these public
boiies is said to be inherent in its ma
ture in the Legislature, when not re-
strained by the Constitution 40 How.
U. S. 534. We have seen that there
is no such restraint in our Constitu-
tion. and that the case of the People
VS.. Lynch has made no encroachment
upon this paramount authority of the
Legislature. The principle upon
which 1t rests, indeed, will be found
to be sustained throughout the Union.
The principle itself and the applica-
tion of it are illustrated in l6 How. u.
S. 1863, $50:
"Public or municipal corporations
are established for the local govern
ment of towns or particular districts.
The special powers conferred upon
them are not vested rights, as against
the State, but being wholly political,
exist only during the will of the gen.
eral Legislature; otherwise there
would be numberless petty govern
ments existing within the State and
forming part of it, but independent Of
the control of the sovereign power.
Such powers may at any time be re-
pealed or abrogated, either by gen.
eral law operating upon the whole
State or by special Act altering the