Los Angeles daily herald., 1889-03-30
SATURDAY, MARCH 80, 1859.
Validity of the New Charter.

We give place elsewhere to COM
munication in which two legal gentle
men of this city discuss the validity of
the new charter at length. 1t is evident
that the writer's have given the instru.
ment careful exam ination in ali its legal
aspects, and whilst they make strong
points against the validity of specific
provisions of the charter some of
which were made by the HERALD at the
time the charter was before the
people for their ratification or rejection,
we still believe, as we have always be-
lieved, that the Supreme Court would
hesitate to condemn the Charter as
whole on the plea that it was not passed
by the Legislature as bill instead OF
being approved, as it was, by resolution
of both Houses. 1t is true that the Con-
stitution in the Legislative Article, re-
quires that all laws shall be passed by
bill. But, in the Article relating to cities
and counties, the Constitution sa, S
that City Charters shall be approved
by majority vote of the members
VI CaCA 11OuDC. IL MOulO 6OClA
that this approval could be reached by
resolution as well as by bill. 1t might
be argued that the Legislature would
have power to amend charters, notwith-
stan ding the proviso that they must be
approved or re ejected as whole, because
the Legislative Article empowers the
Legislature to amend bills. If the
Legislative Article is competent to null
lify the Article on cities and counties in
respect to the mode of its approving of
charters, why is it not equally potent
to annul the provision forbidding
the amendment of charters by the
Legislature? 1t seems to us that
the Supreme Court will exercise liberal
discrimination in its construction of con-
flicting provisions of the Constitution
where strict and narrow rule would re-
suit in stroying 60 important an in
strument as city charter that had been
placed in practical operation. If we are
right in this then the individual defects
in the charter will have to be attacked
and passed upon in detail, without preju-
dice TO the instrument as an entirety.
When the people of this city, by a
very emphatic vote, adopted the Charter,
the HERALD bowed to their august will,
notwithstanding we had opposed it be-
fore the election on the grounds
of its constitutional defects and
Its strong partisan animus in
districting the city. And when the
instrument had been sent back to us
approved by the Legislature, and an
election had been held under it by which
a complete Republican municipal gov
ernment had been overwhelmingly re-
turned, we again accepted the popular
fat, and discouraged the proposition to
resist the installation of the new officers
on technical grounds. The HERALD still
insists, as the Democratic party insisted,
that the new Charter shall have fair
trial, and would feel great regret
to see it overthrown as whole by mar
row and illiberal technical construction
of the points raised against it. We admit
that We shall encounter difficulties when
it comes to act upon certain material pro-
visions of the Charter; but we do not
see that these difficulties will be lessened
by the radical revolution in our munich
pality which would be wrought by the
successful overthrow of the Charter as
whole by the Supreme Court.