Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-04-03

save the cities from serious damage, that yes
terday RECORD UNION representative was
deputed to visit the Sacramento delegation
and ascertain its view Of the matter. Mr..
Young was first found.
"What has been done, Mr.. Young, con-
corning the government of the city of Sacra-
mentor"
Every little of legislation. A bill, very
elaborate, has been prepared by Mr.. Fox, and
committee has had the subject of city gov
ernments under serious consideration"
. How does that bill affect Sacramento -
Well, here it Assembly Bill No Sol .
What that? Why. it is as voluminous
as the New Testament"
Yes, it is long bill.
Has the House considered it yet ?"
g 1t is to be discussed yet"
Have you any idea that a bill of that i'm
portance and extent can at this late day be
got through"
Well, / confess it is doubtful"
What can be done"
"Thet is the question"
g Is the bill approved by your judgment :"
Yes, in the main. l have some amend
ments to propose to it."
Won't others from other cities have
amendments also? ?"
Undoubtedly"
"Then you have no idea all these can be
harmonized now?"
"Well, it is blue outlook"
"Where does this bill place Sacramento ?"
6 La cities of the third class. The first class
is cities of 10000 inhabitants and over, the
second of not less than 90, 900 inhabitants and
the third of not less than -, 600"
docs it change our present form of gov
eminent materially"
''Well, here it is; read il"
'Oh, excuse me. Life is too short"
'Well, the Mayor is head of the
Police Department, and is to be ex
officio Auditor, the Tax Collector ex officio
License Collector, the Treasurer ex officio
Clerk of the Municipal Council. 1t provides
for a Superintendent of Streets, Police
Judge, Attorney, Assessor, two Justices,
seven members of the Municipal Council, and
seven members of the Board of Education
The Councilmen and School Directors are to
receive no salary. The Mayor is to get SO, 000
the Treasurer 81, 400, the Assessor 81, 400
the Attorney $1,000, Superintendent of
Streets 81, 500, Tax Collector 81, 400, and Cap
tain of Police 81, 500 There are to be not
more than three Detectives at 1926 per
annum not to exceed three Sergeants of
Police at 500 per annum, and"
'That will do. The bill is too long and
intricate to give any adequate idea about it
now"
Eyes; it is very full as to powers rights,
duties, etc., and it seem to be very carefully
prepared system"
at is the popular belief that if the Leg
islature fails to pass this or some general law
of like nature, that we will have no city
government after July 1st,"
Il am aware that people so think"
"What do you think about it,"
81 think that will not be the effect"
"Why?"
because, | hold that in that event our
present city charter will remain in full force.
Turn to Article H., Section 6 OF the Consti-
tuition. 1t reads: - = the Legislature
by general laws shall provide for the incor-
poration, organization and classification, In
proportion to population, of cities and towns,
which laws may be altered, amendedorrepeal-
ed. Cities and towns heretofore organized or
incorporated may become organized under
such general laws whenever ma ority of the
electors voting at general election shall so
determine, and shall organize in conformity
Herewith Now, hold that, in the absence
of a general law, the present charter of Sac
ramento will remain in force because, if
general law is passed, the cities have a
choice-are to elect whether they will organ
ize under the general law or not"
"Then you think that our city charter re-
mains intact?"
Most assuredly."
"That is an opinion Only?"
Yes The matter may have to be made
one of judicial determination"
Assemblyman Bruner was next asked how
he viewed the matter.
| ''What do you think of the situation, Mr..
Bruner?"
"Well, it is bad enough"
Have you any hope now of a general law
for cities passing ?"
VERY little"
" You don't believe the Fox bill can be
considered properly now?"
Z" 1t could, but it is doubtful if it will be. "
"Do You think that after July LIST Sacra-
mento's charter is void?'
81 do not l think it continues in force.
| "AIr. Young has given the same opinion.
Yes; and l presume it is grounded as is
mine"
could bill be put in to make that con-
| struction the law without doubt?"
g 1t might be. The existing systems CT city
government might be declared the general
! system, but that is new proposition that L
! will consider. However, / think the present
charters will remain in force, though the mat
ter may have to go to the Courts to be set
tied"
Mr.. Young here called attention to Article
| XXI. of the Constitution, Section l : That
all laws in force at the adoption of this Com
stitution, not inconsistent Herewith, shall
remain in full force and effect until altered or
repealed by the Legislature" etc. 1.-THE
provisions of all laws which are inconsistent
with this Constitution shall cease upon the
adoption thereof, except that all laws which
are inconsistent with such provisions of
this Constitution as require legislation to
enforce them shall remain in full force until
the first day of July, 1880, unless sooner
altered or repealed by the Legislature" This
section, Mr.. Young held, taken with that
previously quoted, justified him in the
opinion expressed. He replied to the ques.
tion-Why has this subject regarding cities
been left till the close of the session THAT
other matters had crowded it and other
equally as important measures back, and that
it had been found impossible to force it for
ward.
Mr.. Carr hoped the Fox bill would be
reached. but expressed doubts of any realiza-
ton of that hope.
Senator Grove L. johnson, though very
busy at his desk, found time to say that he
thought the city charter would remain intact,
and that the failure of the Legislature to
of cities would not work an abrogstion of the
Sacramento charter. He said that the As
sembly bill had been patiently waited for, as
the whole matter had been left to that bill
The decision Of the Supreme Court as to the
Constitution being self-executing had also
been looked upon important in this CON
nection. He said that his opinion as given
above was, he was aware, not in accord witt
many lawyers, who held that after July Isl
the CITY charters would be void. At the best
the question would require Judicial interpre
tation, and he was not prepared to say that
the failure to pass general law now woulc
not involve the city in trouble. He had hi
opinion, but be knew lawyers disagreed as t.
the matter.
Two prominent lawyers were next con
suited and both gave their opinion that tbs
failure to pass general law will not affec
Sacramento's present charter, and they gav'
it as their opinion also that the burden q
LEGAL opinion was the same on that question