Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1890-02-22
CHARTER, Or STzTE LAW /?
WHICH GOVERNS IN THE MATTER OF
A CITY ELECTION?
The City Trustees Get Legal Opinions
on the Subject, and Then
Ignore Them.

OOaSA tAt A<AlDelS cCu1Q Nc
determine whether the election should b,
cailed lder the general State election Law
or thf city charter, and i was arranged II
CT on the Attorney General and ask hi:
pinion in the matter. This was done Oh
Thursday.
Mayor Gregory stated that the Attorney.
Aneral had given it as his opinion thai
e State election Law does not apply tc
e.ty elections. The charter required thai
ten days notice OF an election must be
given. Under this ruling Of the Attorney.
General the Board of Trus ees could regu.
la,e fiIs numoer OF ,tiissi.s..s t,.aees. etc
City Attorney Church advanced the
opinion that. under the charter, no register
would be required. If the ATTORNEY. Gen.
eral holds that the charter alone controls
N such matters, then a register would Bot
be required, as the charter was in existence
before the registry law vas passed
why not, he said, have a good, old
fashioned election without eay charter? ~
Mayor Gregory said great deal of ex-
pense could be saved by proceeding under
the charter.
Trustee Mclaughlin thought the same
polling places should be used as at the last
election. He did not think the expense
would be much more. The better plan
would be 10 hold the election under the
State law, and made motioe to that effect.
Mayor Gregory thought the Board vas
required to call and hold the election IN
der the charter
City Attorney Church being asked his
opinion, stated that the Trustees could be
governed by either the general law or the
enarter But would advise that the Board
be governed by the advice of the Attorney
General, that an election held under the
charter would be legal
Mayor Gregory said he would be gov
erned by the opinion Of the City Attorney,
II given in specific manner.
Mr. Church replied that his advice would
be to hold the election in the manner that
had governed in the past, but as nearly as
possible ii conformity with the general
law.
On being pressed for positive opinion,
City Attorney Church replied that the
charter and ordinances were the supreme
law OF the city so long as they DO
not conflict with the general laws of the
State; that the people Of the city could
conduct an election or perform any other
matter strictly of local concern in any
manner or in any way they saw fit, so long
as the general State laws were not infringed
upon that the State was not interested in
any matter peculiarly relating to the city
OF Sacramento; that State election laws of
general nature elsewhere in force
throughout the State controlled the city
only as to matters of general concern
throughout the State; that all matters of
local interest merely were controlled By the
charter and ordinances of the city; that the
people of the State had no direct or pecul-
lar interest IN the election Of Sacramentos
local or city officers; and that an election
of such officers, held in accordance with
the existing charter ano ordinances, would
be valid, without redistricting the city &C.
cording to the last amended election law.
He further stated that the charter ought to
be complied with as to not having more
than two precincts established in any one
ward. and if the Board wished to establish
two precincts in the First Ward they would
have to do SO by amending Ordinance 10Y,
so as to accomplish that purpose; and that
they might lawfully do this, although the
precincts established thereby might contain
more than 200 votes, as limited by The
last State election law. The establishment
of wards and precincts for city election is
a matter Of purely local concern, in which
the State is not interested, and a matter as
TO which the charter and ordinances of the
city are the paramount law.
Mayor Gregory moved to amend Mr.. Nc
Laughlins motion by providing that the
election be called and conducted under the
charter.
It was suggested that, in order to get
more polling-places, the number of wards
might be increased Es the charter allowed
no more than two such in each ward.
a long and tedious discussion ensued
and finally, at 5;15 O'Clock, without coming
to a vote on the pending motion, the Board
took recess till P. NJ.
ny.
ing, Trustee Wolf said he wanted enough
polling places throughout the city so that
not man who was entitled to vote would
have TO be shut out because he did not leave
his work in time to get in his vote. He
knew of men in the railroad shops having
arrived at the polls after the windows had
been shut down. He either wanted the
hours within which one could vote ex-
tended. or if this could not be done to make
more precincts.
Mayor Gregory said his views were the
same as those of Trustee Wolf, and he be-
lieved they could amend the election ordi-
nance and make more polling places.
Trustee Mclaughlin said he was more
and more convinced from the argument
that his plan-that of calling the election
under the general election law-Wss the
proper one to pursue.
The roll was called on Trustee McLaugh-
Inns motion to call the election under the
general election law, and nothing was said
about the Mayors pending motion to
amend. Trustees Mclaughlin and Wolf
voted aye, end Mayor Gregory no. The
latter. however, changed his vote to aye,
saving that he did so in order to avoid any
conflict, although he believed the call
would be illegal.
A discussion ensued relative to the mat
4ar of registration, and Trustee Wolf
moved that registrations close on Monday
At midnight, in order to give sufficient time
in which to get out supplemental register
before the primary election
TThis is the requirement under the gen.
eral law.]
The Mayor was anxious to have Trustee
Mclaughlin declare himself on the sub
iect. while the latter was equally DESTROYS
of hearing from the Mayor.
Mavor Gregory said that heretofore, under
tbe Charter. voters had been allowed to
register up to the day OF election. He was
o,a1osed to having the records incumbered
nv any reference to primaries.
sTr5stee Mclaughlin then moved that
the Board refuse to issue a supplement. :
On roll-call Mclaughlin voted aye, and
Trnstee Wolf and the Mayor voted no.
Trustee Wolf declined to alter or amend
his motion, as requested py the mayor, anu
The The Mayor said he wanted all persons
ant;1led 10 vote to have an opportunity to
So 90. out it was not proper to say anything
about primary elections.
Trustee Wolf-"What time would you
sueeest to have registration close, then! ;,
Mayor Gregory % Ra n1 me bss ' ne aau
rial knowledge of primary elections, and
:; 20, voT,ld not be proper to have any refer
ancs thereto appear in its minutes
Considerable more time was killed at this
s,sgs If the proceedings, the Board appa-
s.a sat- falling into q state of apathy and
f in5uiging in a sort of recess Trustee Wolf
lnuu tsrs5 off into corner of the room and
shattsd with Cemetery Superintendent
cnhtteu s..--staa McIauehlin leaned over