Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-11-21
CITY CHARTERS AND THE CoNsTI-
TUITION.

In another column we present an article
from the San Francisco Alta California, on
The question of city charters and the SUI
premacy of general laws of the State over
them, that should interest every citizen of
Sacramento. As matters now stand, and
without amendment of the Constitution,
neither this nor any other city of the class
can construct charter that will not be at
the mercy of the Legislature at any time.
In the case of Oakland, as the Alta shows,
an excellent new charter was adopted, APP
proved by the Legislature and put into
operation. Under it the Council was the
legislative and the Board of Works the
executive body. The former could not
raise money and spend it, the latter could
not raise money, but could spend it. The
srst legislated as to what should be done,
the second controlled the doing. In an
evil hour the Legislature passed a general
law, to accommodate minor town in the
south part of the State, that completely
destroyed this wise division of authority,
which has everywhere been accepted as
ths highest and best form of municipal
administration that experience and wis
com have evolved. Yet there was no in
,ention that the general law should have
such effect. The Courts cannot, however,
do otherwise than construe the law ac-
cording to the plain and obvious meaning
of its words and phrases. We see there
fore, that in the adoption of new charter
4 second-class city will be in peril at every
session Of the Legislature of having
cherished system broken up by some bill
of a general character, intended to afford
particular relief only, but the real opera
tion OF which will be to amend
charters. And this peril will run
through the whole line of street
improvements, control and supply of gas
and water companies, division of municipal
responsibilities, city financial systems, col
lection of revenue and imposition of IL
censes and so on to the end of the chapter,
including official fees, salaries of officers,
creation and discharge of public debts, ETC.
Now, since it is agreed that Sacramento is
&c consider at the polls the propriety of
creating new charter, and as it is likely
that the proposition will be affirmatively
passed upon, the suggestion of the Alta
should be adopted, to wit, such discussion
Of the matter as viii educate the public
Judgment to the necessity of so amending
the State Constitution as will protect the
integrity of charter for city when it is
once adopted and approved. Fortunately
for our case, though we deem the provis-
ION a dangerous one in a Constitution,
there is provided system by which the
organic law can be amended within re-
markably brief period of time-in fact, it
IS true, as has been said, that the Consti-
tuition of the State of California can be
amended within week from the time the
proposition is preached. 1t might have
bssn added, within day, since the whole
question Of what notice shall be given
prior to voting rests in the discretion Of
lac Legislature So that while we are
ousying ourselves with the thought OF
ahat our new form of Government should
De, and whom we should choose to frame
It, there must be kept in view the neces-
sity Of securing an amendment to the Con-
ssitution for the protection of whatever
system we agree upon from legislative as
sault. Even should the Oakland case be
decided in favor of the city, there will still
remain the provision that the general law
shall be deemed the first rule of action for
municipalities, which virtually destroy;
she doctrine that the Government is best
in large communities which is brought
closest to the people.