Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-03-09

7
ture must define what branch Of Government shal
Govern. He had no thought Of making it polilica
matter IN the beginning but he accepted their apol
oey, and was willing to concede that it is rolitica
matter 1t makes no difference who is in power, tn
matter should be placed in the hands of the legisa
| tive department OF the city
Mr.. BURNS said there a difference Of opinion
Would he put the power I n calling State election
in the bands OF the Legislature, and take it out .
| the hands of the Governor?
| Mr.. Tyler said under the amendment tbs Mayo
still must issue the proclamation.
Mr. MCCARTHY said the power OF calling elections
is placed in the hands II the Board of Election Com
| nissioners.
Mr.. CoRcoRAN hoped the House would be con
sstcnt. These same gentlemen, ON the matter O
Justices clerk said, let the power remain where il
is He hoped they would do the same thing, anC
allow the power to remain where it
Mr. SIMON said the Mayor and Election Commits
soners have perfect right TO call the elections.
Mr. MCGADE said il would be in the power Of the
Board of Supervisors not to call the election and he
did not believe they would call il. The people Of
San Francisco are favor of having q charter
framed by freehoders. Ii any party dsres to make
political matter out OF this they will be rebuked
by the people.
MIR. BRAUSuART denied that it was political mat
ter. 1t is a matter of expedieEcy. This matter
should be left as much as possible in the hands OF
the people themselves. The reason he wanted the
election was because the present Board Of Super
vsors will never call that election. This has been
made manifest on this floor There is no vneman
power vested in the Mayor He only does clerical
duty he simply calls the election. He had too
much confidence in the Legislature to believe that
the charter SPOKEN Of the Mcclure charter can ever
be engineered through. Is there any danger that
the people themselves viii adopt charter that vii
wrong themselves? And if they do, the Leyisla ure
can veto it.
Mr. TYLER said that the act OF the Mayor is reyo-
utionary. The power to call elections is not in the
hands OF the Commissioners; they SIMPLY have tbs
power to coDduct elections.
sad IL nod fol inn
sonally, but there is principle involved, aad the
power to order elections should eBanate from the
legislative authority, and every member should
stand by it. We cannot afford to depart from this
great principle of Government.
Mr.. LANE said il the Board Democratic, that
amendment would not be offered. This Board will
not call election ii it is placed in their hands
They are opposed to CARRYING out the provisions of
the Constitution, but there is at the head who
will obey the Constitution, and he wanted the pow
er left in his hands. He wanted the power left
where it is, and where it naturally belongs.
Mr.. MAY was in favor OF the amendment. Here is
one man, he said, sitting in San Francisco
and debating to the whole people to what action
shall or shall not be had. The President of any
Board of Supervisors in the State has just as uch
right to take such action as the Mayor of San Fran
cisco. lie believed the Supervisors were honest.
He had he said, in TO Mr.. Simon, stated be-
fore that he sorry to vote for them bat he had
never said they were corrupt. But the whole ques-
ton is, have they any rightf Mr. Bennett had
struck the keynote OF the whole thing when he
said that the power should rest in the Boards of
Legislation. The question is, shall the Mayor sit
down and write election proclamation without
consultation with his assoc1atesi 1t is a power
which should never rest in any one mans hands.
That man has called that election with indecent
haste, at the time that bill was pending in
this Legislature. His Majesty the President of the
Board has issued proclamation III the face OF the
fact that this bill is pending here
MIR. You've said if the law should be passed in It's
present form, aud the city should frances charter
under it, it would very likely be invalii under the
Cons tuition. The Legislature must pass general
laws under which all cities may organize.
That city cannot claim an existence indie
pendent of the Constitution, and at the same
time avail itself of the provisions of that Constitution
The Constitution means that the legislative body
must pass those laws. The bill proposes to confer
the power upon the Mayor which the Constitution
vests in the.Board of Supervisors
The es and noes were called on the amendment
and it was lost by vote Of 80 TO 80.
Mr. FELTON, gave notice of motion to reconsider
Section was read.
Mr.. BRAuSHART moved TO amend by inserting
Especial election" as well as general election"
Adopted Also, strike out certain portions OF the
section as irrelevant. Adopted.
Mr.. FELTON, moved to strike out the word 'Mayor
and insert the Board of Supervisors"
MIR. Fox moved to add, whenever so directed by
the Board OF Supervisors Of said city and county"
so that the Mayor call election when directed
by the Board OF Supervisors.
Mr. BRAUNuARr resisted the amendment He said
the Board OF supervisors mad been denounced by
membe of all parties corrupt and he asserted it
as a fact that the Board would never call this cleo
tion and the amendment is for the purpose of kill
ing the bill He would raise the point OF order that
it is the same ameDdment offered TO Section l.
AFTERNOON SESSION.
Mr. BRAUNHART continued his argument against
the amendments. 1t was, he said, mere question
as hvther the people of San Francisco shall have
the power to conduct their own affairs in accord
ance with their own wishes or not. The question
i. whether the Board Of Supervisors shall be al
lowed To thH art the VIII of the people This Leis-
lature has been called upon already to repeal the
Rogers Act in order to protect the peope OF San
Francisco from the rapacy of the corrupt Board Of
Supervisors. He denied that it was a contest
between the Republicans and WorkiBgmen. 1t is
not right to make this fslse issue.
Mr.. FELTON, said that Section O. Article XI of the
Constitution says that cities may have the right
do so and 50. There is nothing mandatory in it.
He believed that slfmajority of the people OF San
Francisco were opposed to any change in the char
ter. All the power necessary should be left
in the lands OF the Board of Supervisors,
Unless majority Of the people demand
this charter, there should be nothing done. He re-
asserted that this is political matter. He would
rather trust the destinies Of this State to the Re-
publican party than in any other hands. II is the
party of law and order and of civilizat n.
Mir. TYLER said this law has no reference whatever
to the present. II Is for The people to say whether
they will have new charter or not This law APP
pies to ali cities OF over lub,UvO l1natltalltS TITS
simply allowing them to carry out the provisions
of the Constitution Every knows that 1t is
necessary to have an enabling Act. The author re-
cogniZes that fact, and now the only question is In
whose hanus shall this power be placed? He had
no hesitation in saying that it ought to be in tie
hands of the legislative authority OF the city. Let
the matter be settled a matter Of principle and
not of policy. The author himself has
recognized the fact that the Mayors act
is revolutionary by introducing an enabling
Act. The Legislature must say whose
hands the power shall be placed. The bill is good
one and carries out the Constitution but the ques.
ton is, In whose hands shall it be placed? The
Board represents the people. They are close to the
people, and they should represent the people in
calling such an election. charter is the Constitu
ton for city the same as Constitution is the orig
inal law Of the State
Mr. MAYBELL said he agreed that the House should
rise above partisanship, and that the only question
is, Where shall that power be placed? The ques tion
is, Where shall that power be lodged? The Board
Of Supervisors have not the confidence Of the peo-
pie. not even Of their own party, and the power,
the destnies of the people should not be placed in
their hands. At the first meeting Of that Board
most disgraceful scene was enacted. One Of
them, Mr.. Litchfeld, arose and proclaimed
that the other members had pledged
themselves not TO form any rings, and
he proved right here that they had entered into
water and gas rings. Every one knows the charges
were true. He appealed to the members not to
allow their party to be disgraced by such an act,
The Board d es not represent the Republican party.
II the Republicans indurse their acts il will not ad
vance Republican interests in this State.
Mr.. MAY said the picture was drawn from magi.
nation. There something occurred but not ON the
subject Of gas and water. The gentleman did state
in that Board that there were rings but il was not
a fight over water and gas. Mr.. Braunhart cannot
be supposed to have been playing with legislation
When he introduced it he must have meant
business, and he must have believed that the Mayor
had no power TO call election. This b II
was to give him that power. But the Mayor,
in a h gh-handed way, usurped that power, and the
bill seeks to legaiize that high-handed action.
He did it when his political friends were
He was afraid to say it in his own name, and he
went and gathered In cong enal spirts Louis Kapan
and Others to consult. Why did he not call on the
Board OF Supervisors? He called on the District
Attorney and the Treasurer, and fortified by their
opinions he proclaims the election and this bill pro-
poses to legalize that illegal act. The gentleman
ought TO Withdraw this bill and introduce healing
act. When the bill was first drawn it provided for
general election, and now he proposes to amend it
by making it special election costing Sc, ,00o, to
ratify this illegal act.
Mr. ADAMS offered this amendment: /" And the
Board Of Supervisors directed to pass the neces
sary resolutions for calling election within thirty
days after the passage OF this Act TO be added to
the original amendment.
Mr. McDADR favored the Adams amendment and
opposed the other amendment. He wanted the
Board to be compelled to call the election. He be-
lieved that the reason that the gentlemen were op
posing the bill was because another charter was
already in course Of preparation. The Mayor Of San
Francisco needs no eulogy, but the people will hail
the exit OF the Board of Supervisors with delight
What they want is an-election, 30 that the people
may frame their own charter. They do not wapt
any cut-and- dried charter. They want to frame
their charter and then that charter can he s,ib-