Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1884-06-04
AN OPINION
As to Fire Department Matters ana the
Authority of the Commissioners.

J man & Bates the following opium oii 0ei'"ii /
questions propounded, viz;
| Eirst-Is the Office of Fire Commissioners of
| the city of Sacramento aDollsheu ny the duop- |
! ton of the new Consttutloni
| Second-Haye the Commissioners the legal |
right to use the money in the FIRE department
fu1d 10 eouip and operate the new hose house ? |
| Thirds it necessary to have the City Trus |
| tees pass an ordinance before the Commissioners
can rightfully use money to operate the new |
| hose house?
The only provision of the Constitution bear |
ing upon the first question is Section 10 of Art
Gle XII, which is as follows: The Legislature |
shall not delegate to any special commission, |
private corporation, association or individual, |
any power to make control, appropriate, super |
wise, or i'll any way Interfere with any county, |
city, town or municipal improvement, money, |
property or effects, whether held in trust or |
otherwise or to levy taxes or assessments or |
perform any municipal functions whatever"
This section excited very little attention in |
the Constitutional Convention. Mr.. Freeman |
sought to have it omitted, and Judge Hager 10 |
retain it; but neither they nor any other men, |
Der ventured any suggestion with respect to its |
operation on pre-eXisting statutes.
The general rule of construction is that all
laws are presumed to operate upon the future |
rather than upon the past. The section under |
consideration seems designed to act in harmony |
with this construction. 1t does not purport to |
abolish existing commissions; but only to limit |
such exercise of legislative authority as may be |
attempted after the adoption OF the Constltu- |
ton 1t says " the Legislature shat not delegate
to any special commission, etc. The Act Great |
ing Board of Fire Commissioners was enacted |
in 1872, long prior to the adoption OF the Con
Stituton and is therefore, not in violation OF the
new Constitution. This section was taken from |
the Constitution of Pennsylvania, i'll which |
State it has been held to operate prospectlvely |
only, and not to apply to special commissions |
existing before the adoption of the Constitution |
| perkins, Commissioner OF Pubic Buildings |
VS. Slack Sc Pa. St, 2I0l The statute respecting |
| Fire Commissioners had become part OF the |
! city charter, and all such charters remained i'll
| force Notwithstanding the adoption OF the Con- |
| stitution until suspended by new charters |
adopted in the mode designated by that Consti- |
tuition Desmond vs. Dunn, % Cal, 2i6l
As Sacramento has not adopted any other |
charter the office of Fire Commissioners re- |
| mains as it was Immediately preceding the |
adoption of the present Constitution.
The powers ofthe Commissioners are not very |
| fully described in the statute of 1872 under |
which their election was authorized BY Section |
| the Fire Department" BY Section 10 they re-
uured annually to report fully and i'll detail to
| the Board of Trustees concerning the operations
of the Fire Department and to make recon-
mendatiOnS and suggestions and To estimate the
expenses of the department for the ensuing year.
The Trustees are directed to levy tax to raise
| the amount estimated (Which tax shall be
| paid into a fund to be known as the flre De |
partment fund of the city of Sacramento and |
| shall be subject solely 10 the control of said |
| Board of Fire Commissioners. By Section y
the other city officers are required generally TO
| aid said Board of Fire Commissioners in organ |
| Zing the Fire Department constituted by this |
| Act and in managing sad Department Thereafter. |
By these various sections the Fire Department |
and its funds are placed under the control of the
| Board of Fire Commissioners The Board has |
| the power to provide for the department what |
ever it may need in the way of housing and |
equipment, either to protect the property OF the
department or to insure or increase its general |
| efficiency. The Board may equip and operate |
new hOse-houSe, if il thinks advisable 50 to do, |
and it is not necessary to procure any ordinance
| on the subject.
1t may be urged that as the statute provides |
ittil -, ,,,,,;ri1,I bnil5in,rs formerly oc |
i9l -, ~ Ioii1rtnar EiTa DcnortI,ant
~ it%i;. inf,rentiaii, avrIn6es th@ Roorj
| of f,g,n,,issionarS fnr -fittinU IN and usin0 |
~ ~ III I,it ,,. NH ,ldrticIIar No.
G,s ~ rt ~ tb l,,IItnr
'n " ~ e. E lI,ir;,,sa Of ,,oiyireI II |
w I Pc IL ;t -; ~ y-iald cnstCd,- rJ
Ecu ' 10 - III H. f ~ az ,'oiJ Eiro M
~ ti ,,o IN, The nrrIsa f f,reler re
"a t ','' 6rfn,,f To- rho iHiIdin@s
- i,i,,,.I,t 7,sed Nv tbc old Danartn,ent
The growth and expansion of the city must
nave 3fen % - .! III si,v LIS ',T
over The Fire Department.'' A power would be |
the reverse Of ful if it did not justify the Com,
~ l'iGr l.li7 ~, la id 49,
Irotnet tho city from dancer nv fire taking into
consideration the growth of the city and all |
other changes in lis condition or circum- |
stances FREEMAN & BATES |
lime ?. 1881.
----
- .+.-l,. t5 tho c,11,vri,c, rorort of tho
Vi !eS'e'""! i"u INV rs
COroneTs inquest IN the case Oh JULIUS I. NE |
trich an cX-Sacramentan. who on last Saturday |
+4.l ,ii5 o+ c,,, Er,,,cisoo flor Of |
o"iHiHi''V" SUNNY 81
tempting to XII ms VIC; August bletflcl,
brother of the deceased. testified that on Friday |
ms bI2tgr loiu MN Fr INA, s me III had ~ HI
he had 10 leave his wife and family Witness
said that his brother oen .4Id tha IT., ms we
az tetI, he yo,,Id blov his own and his Wits
brains out Adelaide Dietrich, the 17-year-old
daughter OF the deceased test ne tna{ she anu
her oIhGr "tIS ~ 'r otr,'iSe, pone
with heT motner her ialleI WIS ;'SheG LOT Il iG'-
ter received III ny mo- ~, i III me- Gu ne
could not produce II, Us ne hau DuIil 20 II, Hnt
told MN ne mao no IlsIt " Jpn iettcn1 az
dressed 10 hcf' NHticul'Oii ne CIiaI eGu lei WIN
extravaganza ana tneH Siio' 'e'' Ing J"i! IL
turned Ner'ucI OIL sulc4ue'
Arr prc,rr AFTER ArI-On Monday n man |
:. 49,, It, r-,,,, ,,.,ss ,..I,o,. ~ |
VINO arrived III inc cit! lIoii "i"SS N"llc! pH |
the 1920 A. NJ. train complained bitterly that his
ticl-et had bceu taken ND by the conductor and |
| he was unable to continue his trip to san Fran
cisco After while he was recommended to |
see DIVISION superintendent n[ISIl on the SUP, |
, ~ r. he s,,r the conductor had not re-
| turned him his ticket and given him check, |
| subsequently taking up the atter- ne traveller |
NdA SUIT tIidt AiiOtt vas Nv N""'' ''"''' ~ ~
| ticket was gone ne was Tequested 10 seaIch ms
| pockets ana hn"ilE cohcluuSd 10 90 so, declaf-
ing, however, that IL was useless treaty 10 MS
| surprise, however thc tchet was lotluu III one
of the pockets OF ms vest ana as ne recognized
| II he CALCULATED almost CRYING lOI Joy TOT INC
love OF God, d ye see that Goa piess ye' ST.
and left TO eaten the Tram loI SAN fI"hcl9co-
| t,,.,-,.r.,,., , ,,t. ,prtr Tho Adirtopt Con
| INV
| eral cTcuIaT gives 'ue loHo"IlE "s inc per
| ccI''"sc VI u''e'i'''''''o ''' ,'F''' ~ '',0
companies u '''e iiiS' anu ''i' nun
Der ol iitilioc's III '''0'' I',nP"nS ~
centSsc %, gS "a. & p 81 Is. Cadets *
10 Total. 70 al First Infantry. Is. SIS; Sec
ond ARTILLERY 65, 6I9 Third Infantry. C. all |
| Finh Infantry, Is. 25S. The percentage of the
| First Artillery Regiment for March, 1854, was
-. Company Z of the second So: Eureka Guard.
| =, and If the y G. c. &C. The Chico Guard
md the highest percentage for drill attendance
| in April-S2 men. OF the companies attached
| to regiments Company c, of the second Artil-
lcrv had the higheSt-62 men, and Company +.
of the same regiment the loweSt-:0. Company
| b, of the Third, still continues with the bare
i''i''i mum VI '
COUNTY HOSPITAL REPoRr.-Dr. u a. White
Superintendent OF the County Hospital reports
| as follows for the month of May Patients in
| ,i.t NJ. j., III. ,d,,it+cd d,,r;r,, tho
''''F''" -
month"; - lolai. ~ VI tiese ule'i' % were
| discharged and ~ remained in the institution.
do.tt,1, DnjroitS and al fo the PAINTERS en-
ployed in repairing the building. The deaths