Daily Los Angeles herald., 1879-04-08
New Constitution.
No. vi.

have referred in my last TO the
"Bulkheadn Scheme of 1859, de-
feated by an executive veto, as one
Of many examples where State in
lerposition has saved San Francis
CO from herself. But to this 1t may
be answered, that the danger from
which the Governor saved the city
In that case arose from legislative
and not from city action. AS re-
CARDS the immediate danger it is
confessedly true; the Legislature
undoubtedly favored the bulkhead
scheme, but why did 1t favor it ?
Because the pressure from the city
compelled it to do so, and my argu-
ment is that, had the city then had
the power which the eleventh arti-
Gle gives it, the scheme would have
been adopted,an there would have
been no power in the State Execu-
tive to defeat it.
The same is true of the water
front extension project Of 1858. AS
far as the vote of the city was con.
cerned, it would in all probability
have been adopted, and it was only
the fact that it required legislative
sanction that prevented its adop-
tion.
Or, suppose we take the case of
1855, when an organized mob, un
der the name of "Vigilance Com
mittee," usurped all the functions
of government for the city of San
Francisco Beyond all question a
local majority sustained that law
less and revolutionary organization
which hanged some men without
legal trial; which banished many
others from the State and con-
tinent; which imprisoned many
without authority of law; which
stopped and robbed vessels on the
high seas, and which for months
confined in dungeon q high judi
clal officer whose only crime was
that, in accordance with his oath,
he bravely ventured to issue the
writ of hd6eos corpus for a man il
legally restrained Of his liberty.
The argunaentuna dd h0n,inena is
In general no favorite Of mine. But
1 should like to apply 1t, in refer
ence to the eleventh article, to the
leading representatives in the Con-
vention from the county Of san
Joaquin, aud to the ablest of the
delegates from Southern California.
When David s. Terry was i'm
INJURED in the dungeons Of Fort
"Gunny Bags" for performing his
sworn duty; when his life was in
daily and hourly peril from the or
ganized lawlessness surrounding
him; when the whole state stood
at gaze and undetermined as to his
fate, would he then have advocated
the scheme of city government
which is now understood to have
met his unqualified approval Or,
would the distinguished gentleman
recently representing the county of
Los Angeles in the Conventions
gentleman known throughout the
Union for devotion to principle and
honesty of opipiOn-have been
willing to exchange the fostering
and protecting care Of the State for
the tender mercies of the iDcon-
gruous multitude whose cry in 1855
was "blood, blood, blood" even as
that of Kearney now is "hemp,
hemp, hemp"
The 10Th section provides that
where "there are 10 public works
"owned and controlled by the mu-
"nicipality for supplying 1t with
"water or artificial light," any
company or individual shall have
the privilege Of introducing water
or gas for sale to the people
Tam no friend of monopolies, but
public experience has long since
demonstrated that great public
works for lighting cities, or for sup
plying them with water, can only
be undertaken by the cities them
selves, or by capitalists who are to
some extent protected against COM
petition.
If city does not wish to invest
its own capital in such schemes, it
contracts with individuals or cor
porations to do for it what 1t can
not, or will not, do for itself.
But IL it cannot enter into agree
ments (as under this Section it
cannot) not to grant similar rights
to others, 1t Is perfectly obvious
that no men of wealth can ever be
induced to venture their capital in
enterprises so precarious and un.
certain.
Fortunately for the majority of
cases where cities are now supplied
with water and gas by private COM
panies, the latter are probably pro-
tected from the destructive effects
of this clause by the Federal Con-
stitution. Most of the existing cit
les and towns are supplied with wa
ter and gas by such companies un-
der contracts which cannot be i'm =
paired, or affected, even by Cor
stitutional provision of the State.
But in cities or towns where no
such contracts exist, the compa
MES, which have at great expense
erected gas and water works,
are at the mercy of every inter
leper who by developing spring,
or sinking an artesian well, is en-
abled to supply his ward or street
with water at less cost than the
regular companies can afford.
Such too Will be the case in every
city in the State when the con.
tracts under which they are now
supplied shall have expired by linn
itation.
But why interfere with this ques
tion at all, which might well bt
left to the discretion OF future Leg
islatures and to the convictions o
the people Of the cities?
OF course, the controversy with
the Spring Valley Water Company
is the origin and pretext for thil
Constitutional war on water ant
gas companies.
But it is notorious that the cit,