Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1890-01-22
THE FUNDED DEBT COMM ISSION AND
a NEW CHARTER.

THE FUNDED DEBT COMM IssION AND
A NEW CHARTER.
From the inception of the idea, the
REooED-UNoN approved of the establish
ment of the Funded Debt Commission
created by special act of the Legislature
for the reduction of the debt of this city.
Eor years this journal stood alone advocat-
ing Its maintenance. We have at no time
defended the system upon moral grounds,
but since it was legal and recognized
by law as an attribute of sovereignty, the
RECORD UNION has maintained that its
policy should be conserved, and still be-
Iieves that its vitality should be preserved.
Gore than that, we entertain the belief
that had the provisions of the law creating
1t been uniformity observed, and not have
been suspended-as it practically was-the
debt would have by this time been very
nearly, ifnot wholly, wiped out. Itmay be
taken as undisputed that a majority of our
citizens are now opposed to the destruction
Of the Commission.
A few years ago the RECORD UNION en-
larged upon some patent defects in the
system of municipal government in Sacra-
mento aud pointed out that if the time had
not then come, it was not far distant when
the erection of new charter would be
;,,,,,arot;r-e an1 acoror,;o A 10 4;r,o
however, was any abandonment of the Com
mission suggested or contemplated. 1t
was assumed that it could be perpetuated
under new charter. The agitation for a
new charter after the amendment of the
Constitution in 1887 was renewed The
pressure was made strong upon the Trus-
tees to order an election for freeholders
to frame such a charter, and it was foreseen
that defeat of that demand was improbable
Nevertheless, only few weeks ago in COM
mon with the San Francisco Bulletin and
4Ai0, the RECORD UNION called the atten-
ton of the people to the fact that an Act of
the late Legislature had Slapped the life of
the new charter of Oakland, and that it was
the opinion Of some Of the best lawyers of
the State, that as the Constitution now
stands any charter that may be adopted
will be at the mercy of the Legislature
and of every general Act it may pass even
remotely relating to municipal corpora
tons. 1t was pointed out that the Legis-
lature was itself so well convinced of this
fact that it proposed an amendment to the
Constitution TO cure the defect, and to so
read that no laws in conflict with charters
of cities, so far as their police regulations
are concerned, shall operate to invalidate
or suspend such charters This new
amendment IS to be voted upon by the
people in November next. If adopted it
wall make municipal charters, once APP
proved by the Legislature, independent of
State enactments for all municipal pur-
poses.
r. T. Deylin, in communication to the
Trustees, and which was published in
these columns yesterday in full, made this
matter very clear, and he has thereby done
the people a substantial service. 1t will
observed that his argument against the
policy of erecting a new charter pursues
precisely the line taken by the RECORD
UNION few weeks ago. but his opinion is
elaborate and is fortified by legal argu-
ment that is forcible and trenchant. 1t is
understood, at this writing, that Judge
Holl has prepared an opinion also, upon
similar lines.
But it having been determined by the
Trustees that the whole subject matter
should be committed to Board of Free
holders, which has thepower to refuse to re-
port charter, the RECORD. UNION turned
It's attention 10 securing the very best COM
position OF that Board possible. Recently
Hon. a. P. Catlin, eminent counsel, has
given a written opinion that the Funded
Debt Commission eau be constitutlonally
perpeiuated in new charter. We confess
10 plt!OutN ASsAicSt tDt tie y llutoH Vi t.-tst
gentleman and for his character as friend
of the city. Other counsel of ability hold
adverse to the views of Mr.. Catlin, and
lastly comes Mr.. Deylin, who, without
touching the question of the continuance
of the Commission at all, suggests the
other difficulties referred to- Thus the
whole question is involved in extreme
doubt, and the community has come back
to the precise spot from which the
RrcoRD-UNIoN considered the matter only
a few weeks ago, to-wit: Is it, or is it not,
wiser to wait in the matter of new charter
making until the last proposed amend
ment to the Constitution is passed upon ?
Whether, in other words, it is not better
to postpone the making of a new charter
until all doubt whatever is removed con-
ceraing the perpetuation of the Funded
Debt Commission? And we may as well
state now, as later on We should have done,
that after the organization of the Board
of Freholders, the REcoED-UNIoN will