Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-02-02
DALEY EEC0RD-pNr6N SERIES,
VOLUME Xu NUMBER I4I.

fsing according to population al the nluuicinaI cr
porations OF the State, and another general aw pro-
yidiDg G plete scheme If government for such
corporations so classified, and scheme OF organ T.
ton, or the ma -hintry Whereby such corporations
can organize under TINS scheme Of government. The
Constitution the words % classf;t. o-rart
ization and interrogation" Ry scassifcati ion f" ve
understand division Of municipal corporations
into eiasses according to population By "incorpo-
ration We understand the creation Of municipal
corporation and the method OF It's existence. BY
Organization" we understand the organizing # a
municipal corporation under general laws OF incor
poration There is a confusion Of tern in this sec
ton, but we are convinced that the section was in
tended TO convey the above meaning. For each
class CT cities and towns there must be general
law of incorporation For them all, whether begin
nlng their existence, or simply changing from their
CHARTERS heretofore formed to the general laws TO be
enacted under the new Constitution there must be
provided the machinery whereby they can elect to
come under The provisions Of those general laws.
This law providing for this machinery Of election
and these general laws OF incorporation should be
embraced ~ one Act. This general scheme OF
government should embrace such general provisions
as may be applicable to all the various classes and
also sue additional provisions may not be appli-
cable to some, but may be necessary for Others
thus providing fully and completely camprehen-
sIye plan Tor the classification, organization and
government Of all the municipal corporations of the
state In most respects all municipal corporations
are alike; they are all public corporations to
which certain powers OF a local govern
mental nature are delegated in trust chiefly
municipality. Most of these powers NAV be and
should be the same in all the municipalities through
out the State. There must be the power to make
interpret and execute regulations concerning health
police, parks, public streets, buildings etc. This
power must be distributed among legislative Judi
cial and executive officers in accordance with the
American plan of government So far rs these gen.
eral outlines are concerned it is easy enough to
embodv them in statute, which shall serve as an
enabling Act" Chief Justice Marshall terms
the charters OF such corpoIations,in common char
ter for all the municipalities in the State. II is
highly important that this should be done in order
that the law may be uniform as possible in all
parts of the State, 10 the end that all the people
may enjoy equal rights and privileges, and that
they may readily ascertain what the law is Evi-
IDENTIFY this was the purpose and the meaning of the
Constitution. There are some municipalities in the
State, however, which, by reason Of hsir great pop
ulation, may require some officers and powers not
necessary TO other municipalities. This Is especially
the case when county government is consolidated
with city government. Counties are legal subdi-
visions OF the State, charged with the performance
OF many functions in which all the people Of the
State have interest, such as the assessment and
collection OF the revenue, the arres- and trial
of those who violate the laws Of the State the holding
OF elections, making returns Thereof etc. For such
municipalities and perhaps for some others, 1t will
be necessary to make different provisions in the va
rious classes. In our olinol such provisions for
separate classes should be studiously reduced in or
der to maintain nearly as possible the general
plan OF uniformity This we regard asmerely extend
ing to public corporations the principle long since
appl ed to private corporations of confining them
to powers conferred by general laws. Formerly pri
vate corporations were inc rporated bya special Act
in each case In the of time it was found to
be not only unnecessary, but productive Of much
evil Soon after the decision in the Dartmouth Col
ege the pian OF forming such corporations unier
general laws subject to lie isatve control change
| adopted 1t has since been adhered to,
| and now the principle is extended in this
| State to municipal corporations. it has
| long been the practice to form county governments
under general laws; there is no reason why city
| governments should not he formed as much as pos
sible in the way. AS to classification we ulI,
derstand that it must be according to population.
1t can be in no other way, and i must not be done
by population in arbitrary for the pur-
pose OF defeating the aim OF the Constitution to pre-.
| vent special legislation. There should be as few
classes possible not to disturb the plan OF
uniformity any more than is actually necessary
3. In regard to the general scope and meaning of
Section g. Article Nj, of the opinion that 1t
contemplates classes OF municipal corporations
to wit embracing those already organized at the
time of the adoption Of the Constitution OF 1879,
and another embracing those which may be
formed hereafter. The latter are TO be formed ex-
cluslvely under general laws, and are to be subject
to the control of the Legislature by general laws
No special charters be granted The former
those municipal corporations existing under
special charters-are TO continue under such char
tiers until majority OF the electors in each OF them
severay shall elect TO come under the general laws
hereafter to be passed. So far as purely munich
pal functions are concerned, the special charters
lOJ De changed Uy general laws ms was teCltcd
by our Supreme Court in Desmond vs. Dunn. The
Court in this case said:
'Section of Article NJ provides that cities and
towns heretofore organized and Incorporated may
become organized under general laws whenever a
majority of the electors voting general election
shall so determine and shall organize in conformity
Herewith and cities and towns Eervtofora or here
after organized, and all charters thereof framed or
adopted by authority Of this Constitution. shall be
subject to aud controlled by genera laws Both Of
;hese clauses pGin'y refer to charters -; INV he
framed by autnofty Of the present toasJi. .utor,,
and the latter clause IS expressly limited 70 charters
so framed. Neither applies to charters existing be-
fore the adoption of the present Constitution ex-
cept by implication; all such charters remain in
force until majority Of the electors OF any coIpo-
ration having charter determine to become
organized under such general laws, or frame
charter for their own government. These
are the only provisions which are expressly
made Applicable to cities incorporated previous to
the adoption Of the Constitution anG the first eX-
pressy provides that any Of such cities may become
organized under general laws whenever q majority
of the electors of such city shall so determine and
the other that any charter framed or adopted VI er
the present Constitution shall be subject to and
controlled by general laws. But charters not
framed or adopted by authority Of said Constitution
heed not be subject to controlled bv general
laws. Therefore the charter of the city and county
of San Francisco, which antedates the present Con-
stitu ion, and not framed or adopted by author
y OF it, is not subject to controlled by general
laws. From which it follows that Il the Mcclure
charter falls within the term general laws il can
not have any force or eject within the city and
county Of San Francisco until a majority OF the
electors thereof so determine il the manner pro-
vided in the Constitution unless there be some
other provision OF the Constitution which gives
force and effect 10 said charter without such deter
mination of majority Of the electors"
We have thus endeayOred briefly T. state the re-
suit Of our attention TO the inquiries OF the Assem-
bly,, without undertaking to give In extenso the
reasons by which we have been lie 10 these conclu.
sions 1t may be well to add that We deem it Of
very great Importance that the plan 81 legislation on
this subject here outlined should be substantially
followed A material departure from II will, we
think, render such attempted legislation unconsti-
tutional. No harm can possibly come from an ad-
hereuce to this plan. There can he no question but
that legislation in accordance with il will be consti-
tutional. of course any portion Of such general
may be hereafter amended repealed. Re-
spectfully submitted.
The report is signed by Mcclure (Chairman). Van
Fleet Freer, Long, Young, ATick, Reynolds, Platt,
audR ReddirE