Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-11-21
SELF GOVERNMENT.

The Power of General Law to Affect "a
City Charter.
The following editorial in the San Fran
cisco Alta will furnish food for thought for
those who are studying the best system of
government for Sacramento:
There is an issue, at present local to Oak
land, but which has broader aspect of in
terest to every city in the State, since none
may be finally safe from probable and
entirely possible construction of the Corsti-
tuition by the Courts. The issue lies in the
primacy of the general law over a city char
ter. Before the Constitution was amended
ii was required that all cities of the same
class should have the same charter, the
same number of members of the City Coun-
Gil and School Board therefore, by impl-
cation the same number of wards and
community of features in those respects in
which difference in location, adaptation to
| business or residence, may prompt an am
bitlon or point necessity for individuality
| When this constitutional principle had to
be worked out Los Angeles and Oakland
| found themselves quite unable to agree
upon common charter, and the Constitu-
ton was amended to permit cities of the
second class to make, adopt and have indi-
vidual charters. Oakland made most in
| telhgent use of this privilege. Having
| long seen the evils of a government with a
single branch, in which all functions were
focused, that city made and Endorsed a
charter that created a government with a
| legislative branch, the City Council, and
administrative branch, the Board of Works.
and with Mayor exercising purely execu-
| tive functions. 1t was intended that
the Council should legislate, and
only legislate, and that the Board
Of 10 chr oar fniS fh
government, prepare, let and supervise all
| contracts, have charge of the police, health
and fire departments, and see that each per-
| formed its duty. The Board of Works was
made responsible entirely for the expendi
ture of public money and for the order and
health OF the city. 1t was understood when
the charter was adopted that this distribu-
ton of powers was intended to forward
needed public Improvements, and that in
| respect to them the City Council would
| legislate by providing and passing an ordi-
| nance to bond the city for the needed sum,
and If the people so voted the Board of
Public Works would have charge of all
contracts and expenditures. Two days after
the Legislative ratification of this charter
general Act passed the Legislature proyid-
\ ing that in spending money for public i'm
provements the Council shall select its own
agents to take charge Of such expenditure.
We have made inquiry of Mr.. Briefly, the
reputed author of the bill, who assures us
that, though an Act of general application,
it was passed to affect and settle some local
contention over needed water works in
the town of Santa Ana. in the new county
of Orange. Granting this to have been It's
purpose, il is likely to inhict more harm
than was ever wrought by a matter so
small. 1t destroys the segregated, depart
mental government Of Oakland entirely,
and deprIves the people of every second
class city in the State of self-government.
1t restores the vice OF having the legislative
and administrative functions in the same
branch of the Governments vice that is
the father of all evils in municipal govern
ment-and leaves the people of that city in
the humiliat;ng plight of having adopted
charter to enlarge The usefulness of their
local government, enlarging at the same
time its cost, to find it shorn by general
| law of the expanded authority the benefi-
cial exercise of which was to compensate
for the increased cost. If the Courts shall
so construe the Constitution, as they well
may, the only hope of self government for
the second class cities of California is in
another amendment to the Constitution
! which shall make the general law inap-
plicable to any city in any matter of local
| legislation or administration for which the
city charter already makes provision. 1t is
9 question of home rule of the grayest i'm
portance The modern and most enlight-
eaed system provided by 0akland's new
charter promises to serve as the highest
example to other cities which are strug-
Cling to escape from the vices which have
| seemed ingrained in city government in
this country. Bnt this promise cannot be
realized if the Legislature may, by gen
eral law, tumble the functions of govern
ment which it so carefully segregates. We
know of hardly an exception TO the general
and depressing history of errors, and often
worse. that result from empowering city
council TO raise money and let contracts TO
spend it, to make appointments to office in
| the police, fire aud health departments. 1t
introduces the worst features of the patron
age system al a place where the people
seem the most powerless to effect rem
edy. We invoke the attention of the
! whole State TO the subject now in time to
educate public opinion up to the point of
correcting the evil by constitutional amend
ment, if the judicial construction shall
) leave that as the only remedy.