Los Angeles daily herald., 1889-04-01
The supreme Court and the New
Charter.

fornia will assemble in this city. The
most interesting question which will
arise in its session is the issue which has
been raised as to the validity of the new
Charter. The HERALD has already taken
its stand as to this instrument. This
journal fought its adoption on grounds
which have frequently been developed
in these columns. 1t was adopted by al
large majority of the popular vote-a
circumstance which carried such weight
that from that moment we ceased all
factious opposition to it. We have
repeatedly pointed out instances in
which special features OF the Charter
conflcted with general laws, and
we believe yet that serious dif-
ficulties will be encountered from
these divergences. But, adopted by a
majority of the popular vote, the Charter
has been approved by both branches of
the Legislature in the identical language
of the Constitution. A labored and
purely technical argument, based on
analogies, is made to the effect that the
new Charter has not been really adopted
because it was not passed as bill, with
the consequent signature of the Governor
as an essential of its validity.
We do not believe that the Supreme
Court, in considering such matter, will
stand on technicalities. but think that it
will render it's decision on broad grounds,
in which the will of the people will he
allowed more force than purely legal
and speculative hypothesis. The HER
AID really takes the broad ground
of the Democratic party, which
in it's platform, pronounced most
affirmatively in favor of the new
Charter. This journal recognizes the
right of the majority to rule, and the
transfer of the city government has been
made pursuant to the pledges of the
party and to the forms of the law. Every
occupant of office under the old Charter
would have been only too happy to have
accepted an election under the new. and
to have recognized the full force and
validity of that instrument.
The HERALD threw its weight into the
scale of accepting the new regime, and
it has nothing to reproach itself with In
that matter. To have done otherwise
would have been to have precipitated
municipal anarchy and even chaos. The
Democratic party, which had pro-
nounced in favor of the new Charter
when the struggle for the posses
sion of the municipal loaves and fishes
was impending, in the main occupy the
same attitude still. For good or i'll the
people had pronounced, and in a most
demonstrative manner, for the Repub-
lican candidate, and Democrats bow to
the popular will.
Yet the fact remains tina. the issue is
before the supreme tribunal of the State,
and that that body may possibly, on
purely technical grounds, decide that the
new Charter is invalid. At least one
lawyer of mark has written brief, in
which the arguments adverse to the new
Charter are presented with ability and
force.
Suppose the Supreme Court sh ould
decide that the approval of the new
Charter by the Legislature was not in
the manner and form prescribed by the
Constitution of California, and that they
should therefore declare the new Charter
invalid! 1t is Just as we'll to look at all
points OF the matter, and with view of
knowing just where we should stand. In
that case undoubtedly the old city govern
ment would be revived, and the old Off
cials, unless they should resign, would
serve out the terms for which they have
been elected. There have been no resig-
nations while the old officials, with a
promptitude which did them honor, sur.
rendered their Offices to their success
sors.
The resumption of the old city govern
ment has been rendered all the easier
from the fact that the old Council, instead
of adjourning sine die, has simply ad-
iourned from day to day. Even if they
had adjourned without day, in view of
the fact that there had been no
designations, a decision Of the Su-
preme Court declaring the new Charter
invalid would restore all the authority
and functions of all officials who had not
resigned.
From these considerations it will be
seen that the citizen can possess his soul
in patience, with the happy conscious
ness that, no matter which way the
judicial cat may jump, to paraphrase a
line from Milton
Chaos will not umpire sit,
Nor by decision more embroil the fray.