Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-03-19

lHc ouUStilute VI lDt SOuliIltVtt On MAS
read a second time and ordered engrossed.
THE SAN FRANCISCO CHARTER.
The Senate took up for second reading Senate Bill
No. 362-An Act to provide for the organization,
incorporation and government of merged and con-
solidated cities and counties OF more than 100000
population, pursuant to the provisions of Section 7,
Article XI, of the Constitution OF this State (by
Mr.. Traylor)
Mr. ENos moved that the bill be indefinitely post
poned, and spoke in favor of the motion He held
the bill to be direct violation of the Constitution
and an int erferenoe with local affairs When he had
spoken ten minutes the Chair called his attention to
the rule limiting speeches, but the Senate gave him
leave to proceed and he spoke for fifty minutes He
denounced the bill in terms, only as being
a violation of the letter and spirit of the Constitu
ton but because 1t gave the Governor OF the State
the power TO appoint various city officers He ap-
pealed to the Senate to allow the people OF San
Francisco to frame their charter and govern
themselves. He cited decision from the Supreme
Court of Illinois (34th Ill. Reps) covering the same
case He warned the Senate that the friends of the
people would fight the bill inch by inch, and that
legislation should not be carried on to the detr-
ment of 100000 people Let the people make their
own charter. Let them make their own charter and
vote upon it.
Mr.. HITrELL held that the bill was not charter
1t was general law, and in strict accordance
with the Constitution. Similar laws had been
passed in Missouri and other States under similar
Constitutions He said that he understood from the
remarks of the Senator that the sand lot wishes to
obstruct legislation.
Mr.. ESos raised the point of order that the Sena-
tor had right to such language in reply to his
remarks.
The CHAIR held the point Of order well taken.
Mr.. HIrTELL continued at length, and warmly fa-
vored the BILL 1t was, with few exceptions a re-
enactment Of the Consolidation Act" He took
up the various sections Of the bl and defended the
provision giving the Governor power to appoint off
GERS in case OF vacancy. lie opposed the motion to
indefinitely postpone warmly.
Mr.. RYAN asked if bill applying to any one town
or city would not be special Act.
Mr.. HITTELL replied that it would not. The Con-
stitution required the Legislature to pass laws
classifying cities.
postpone. The Consolidation Act" was in force,
and would remain in force until altered or repealed
He took the same ground as Mr.. ESos
The Senate took the usual recess.
AFTERNOON SESSION.
The Senate reassembled at l:So P. NJ, President
Mansfield in the chair.
Roll called and a quorum present.
The Senate resumed consideration Of Senate Bill
No. 362-the so-called Charter bill
Mr.. TRAYLoR spoke against the motion TO indef
nitely postpone He said he had introduced the
bill because it was demanded by his constituents
He believed it to be necessary to have some law
governing the ciy y OF San Francisco until the peo
pie Of that city take the necessary steps to or
ganize uEder new charter. That was the only OBJ
ject of the bill. 1t continued force the present
law with very few exceptions. Under the present
condition of affairs in San Francisco, il was of the
greatest Importance that there should be some law
there. 1t was no wonder that the people on the
other side did not want any law because il would
turn the city to their control He did not have
confidence enough in Mayor Kaoch, after the in
cendiary language he had used to leave the city
der his control entirely.
Mr.. KANE spoke in favor OF the motion. This bill
only scheme the outs " may get in and
some of the " ins stay in.
Mr.. TRAYLoR said this bill legislated no one out
of office. q
Mr. KANE said that was at least the opinion Of the
people OF San Francisco The bill would confer I'M
limited and imperial powers on the Governor The
Governor was an honest and honorable man, but the
time would come when there would be other Gov
ernors. Unlimited power in the hands of on man
was opposed to the spirit of American Institutions
The politicians wanted to rule or ruin. The people
OF san Francisco were opposed to this charter, aud
he hoped the Senate would vote it down. The Sen
ator from the Thirteenth (Air. HittelD only wanted
to legislate into Office few political friends. The
bill was bad bill, and the people OF San Francisco
did not want it. The construction of the Constitu
ton by Senator Hittel was white one day and black
the next. Yes erday they could not legisate for
San Francisco, and to-day they could.
Mr.. NEUMANN spoke against the motion to in
definitely postpone. He asserted that no member
who had spoken in favor OF the motion had real the
bill and knew what it was. The bill was what was
known as the Horace Hawes Consolidated Act, with
the amendments to it, simply changed so as to make
it conform to the Constitution He spoke of the
Swift BILL and said that there little grain in
terrible amount OF chaff that it indefinitely
postponed. This bill had been carefully drawn by
lawyer for Mr.. Traylor under erection to take the
" Consolidation Act and make 1t conform to the
new Constitution. 1t was proper that it should be
so drawn. He believed the bill good one and he
would support it, as he had promised his con.
stituents to do when he elected II the bill was
not passed. the local laws OF San Francisco would 90
out Of force the 1st of July, under the Constitu
ton, and all the officers would go out of office
Al Ill
fcers OF San Francisco 1t gave the Governor
power to fill vacancies 1t in no sense a polit-
cal measure, and 20 one could say SO who had read
it and understood it.
Mr. SArrERwHrrE said that the bill was partisan
measure, and was unprecedented. He was willing
to discuss the bill on the admission that it was a
re-enactment of the Consolidation Act, with very
few exceptions His main objection to the bill was
that it gave the Governor the power to appoint Fire
Commissioners and Police Commissioners. That
clearly partisan measure. Senator Traylor was
the only one on the other side who had approached
the subject. He had admitted that he was afraid 10
trust the Workingmen's Mayor. 1t was hrs (Satter
whites opinion that the local laws OF San Francisco
would not go out of force the lst Of July Those
laws would stand until altered or repealed. He said
that the Courts had held that the Legislature may
amend special law in force before the adoption of
Constitution declaring against special laws
Mr.. BAKER opposed the motion to indefinitely
postpone. He said that if it was true that this bill
was unconstitutional, then those who now held that
view had already introduced and voted for uncon-
stitutional bills Almost, if not all OF them had
voted for the Traylor bill fixing the salaries of teach
ers in San Francisco Senator Conger had intro
duced An Act to regulate fire departments in cities
or cities and counties having mo that 100 900 in
habitants Senator German had introduced +" An
Act to provide for the management of elections in
cities and cities and counties having more than 100
900 inhabitants" Those bills had been reported
back favoraby by Senator Enos Both of the bills
contained exactly the same principle a; this bill
10 areIt the record of the tba
Democrats and Workingmen in the Senate, alluding
to the Desty case as example where the Republi-
can majority had an opportunity to seat Republi-
and did not do it. III either of the other parties
had had the opportunity the action would have been
different. He said it was the almost unanimous
opinion of the bar OF the State of California that on
the 1st day Of July the city of San Francisco will rot
have a government unless this Legislature passes
bill providing for it. There not time left for
the people to adopt charter that il could 60 in
force in time The passage OF some such bill this
was absolutely necessary to give San Francisco a
until the people of that city could adopt
q charter and have it ratified.
LAND MONOPOLY.
Mr.. HITTELL moved to reconsider tie vote by
which the Senate on last evening passed Senate Bill
No. 5S-the Land Limitation bill
II was made the special order for tomorrow at 8
?.
THE CONSOLIDATION ACT.
The Senate resumed consideration of Senate ELL
No 362.
Mr.. GoRMAy spoke in favor of the motion to in
definitely postpone. He believed it was special
legislation. He cited the Constitution to show that
there were thirty-three sections aimed against
specia legislation 1t was the aim all through the
Constitution to allow every city, town and county to
have their own local government and to control it
for themselves. He quoted from the address sent
to the people by the trainers of the Constitution
in support Of that position. This bill would give
the Governor the power to appoint twelve Super
viso-s, Board Of Health, Board Of Fire COM
missioners, and Board OF Police Commissioners.
The Republican party had the power now, but it
might not last. Let the Republican party deal
Justly now il they wanted to be Justly dealt with
in the future. Other parties might come into
power that would go as far, if not farther.
hfr. DICKINSON made a long and torcible speech in
favor of the bill and against the motion TO indef-
niteiy postpone He considered It a question ca
trey Of constitutional law He took up the various
sections of the Constitution TO show that IL was
mandatory upon the Legislature TO enact some sue
law. He cited the late decision Of the Supreme
Court in the OF Mcdonald VS.. Patterson, show
iug that one part OF the Consolidation Act had al
ready been declared unconstitutional and out Of
for e bow much more would 90 out of force
the 1st of July could tell. There great
doubt, least, ard many of the abl.s members of
the bar believed that there would be government
in San Francisco after July 1st unless the Legisla
tuTe provided for it. The Constitution mare it
mandatory that in all cities having over 100 600 in
hahitants there should he two houses of legislature
Vhs bill provided for the appointment OF the Sec
oid dt1use. Il simply made the Consolidation Act