Los Angeles daily herald., 1889-04-21
MR.. WHITE RETURNS.
An Interview on Matters OF
Local Moment.
THE NEW CHARTER DISCUSSED
The Chae Chan Ping Case = TIT
Public Printership-The Last
State Legislature.


nor of the State, returned to town yes
terday morning from his Washington
trip. whittier he went to present the
Chae Chan Ping case before the Supreme
Court of the United States. A HERALD
man found the illustrious Senator in his
Offices during the course of the after
noon, and the request for an interview
was readily granted, in spite of the fact
that Mr.. White was literally besieged by
callers, some of whom were friends well
coming him back home again, though
many were clients, anxious to consult
him on business matters.
The first topic brought under discus.
sion was as to the legality of the new
CITY Charter. 81 was away from here
at the time when all of the objections to
it were set FORTH" said Mr.. White, "but
as understand it there are only two i'm
portant reasons for its rejection. The
first is a proposition that the Charter
should have gone through the Legisla-
ture as bill and have been there read
three times. do not think that there
is ANYTHING in this. The Constitution
provides particular mode Of approving
a new Charter, and that has been done.
The Legislature has no power to enact q
Charter. A Charter is made by the peo-
pie, subject to legislative approval, and
the Governor has nothing to do with it.
The position of the Legislature when a
Charter is before it is like that of the
Governor regarding bill, with the ex-
ception that the legislative veto is con-
elusive, whereas that of the Governor
can be overridden by a two.thirds vote" )"
"Now as to the other main head where
it is claimed that the new Charter is un-
constitutional because various provisions
in it are in conflict with the Constitution.
l think that, as a whole, it is valid,
though parts OF it will probably not
stand. This, however, must be de-
termined in actions referring TO those
specific parts. The whole instrument
cannot be declared invalid simply be-
cause parts of it may be illegal. l still,
however, adhere to my original view that
the adoption of the Charter was mis-
take, though when it came up to Sacra-
mento did all in my power to get it
through the Legislature. But l never
did think that the people of Los Angeles
were wise in voting for it, for the reason
that it had been before excepted to on
several occasions"
THE CHAE CHAN PING CASE.
The conversation then turned on to
Mr.. Whites trip to Washington in con-
nection with the Chae Chan Ping case.
"Attorney- General Johnson, I.r. j. F.
Swift, Solicitor General jerks and my
self argued the case on behalf of Califor-
nia," said Mr.. White, "and Governor
Hoadley, formerly of Ohio, and Judge
James G. Carter, two of the ablest at
torneys at the New York bar, presented it
on behalf Of the Chinese. Seven Judges
were present, the vacancies being caused
by the absence of Judge Matthews,
deceased, and Judge Bradley, who
was i'll. The Court listened at
tentively to all the arguments,
and the questions asked, SO far as those
dicated a view favorable to our
side, though of course there we're no
positive suggestions to warrant this idea.
A decision in the matter is looked for in
the course of couple of weeks. The
arguments occupied parts of two days,
and the order of speaking was as follows
Hoadley opened for the Chinese, then
came Mr.. Johnson for California, / was
next, Mr.. jerks followed, Mr.. Swift
then closed our side of the affair and
Judge Carter closed for the opposition.
The question at issue is whether or not
the Scott Exclusion Act is valid in 90 far
as it declared void all certificates issued
under previous acts. The particular
Chinaman whose case is being tested
had received a certificate and had gone
to China. While on bis way back TO
America the Scott act was passed and he
claimed that as to him it was Intellectual
rs by virtue of bis certificate he had made
contract with this Government
under which he had right to land. Ii
is an important matter to decide, for
there are between 10000 and 10000 Ger.
tificated Cinnamon waiting to come back
if the result be favorable to them. Some
place the number as high as 50,000."
THE PUBLIC PREMIERSHIP.
t'As you have just returned from Wash
ington, you probably can give Los Ange-
les an idea as to how the fight for the
Public Partnership is going" suggested
the HERALD man.
"When 1 was there, the indications
were that Osborne would get it," was the
reply. "He has at his back all of the
California delegation, and seems to have
many friends in other quarters. What
seffect this delay as regards the ap-
pointment may have, though, | do not
know"
tWere you long in the Capital City ?"
was the next question.
'sWell, was delayed there a.week on
account of the death of Judge Matthews,
for the Supreme Court took recess to
attend his funeral at Cincinnati. From
Washington l went to New York, Boston
and as far north as London, Canada.
Then | went to Philadelphia, where my
wife now is and will remain week or
SO longer. 7 came home by the Denver
and Rio Grande Road, via Ogden, stop
ping over at Sacramento, so as to put my
final certificate to the minutes OF the Sem
ate Journal"
THE QUARANTINE BILL.
s'fIow did the trouble regarding the
Cattle Quarantine bill come about ?"
asked the scribe.
'sIt was Senate bill, and was sent
from there to the House. Now if it failed
to pats the lower body it should have
been reported back to the Senate as
failed 10 paes.' Instead of this being
done, however, it was reported back as
having passed, and was accordingly or
dered for enrolment. 1t then went to
the Governor, and he signed it. Of
courpe it was grievous error to have
handled it in such a way, but the mis-
t de cccuir, d in the confusion OF the
last two days. There were between 700
Il