Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1890-01-21

proved shall supersede all special laws consist
ent with such charter. The proposed amend.
ment states that the charter shall supersede all
, laws inconsistent with such charter If this
amendment should be adopted by the people in
next November and charter should thereafter
be adopted, we would be in a better position
than we are in now, because it could be con-
tended that the proposed amendment by eliml-
mating all reference to special laws and declar-
| ing that such charter should repeal all laws IN
consistent with 1t. was intended TO give differ
ent effect to cities charters from that which the
Supreme Court in the All You case decided they
now have, and possibly the Supreme Court
might distinguish the All You case and adopt
the views expressed by Justice Fox.
If Sacramento should adopt this charter be-
fore November, and this amendment should be
ratified by the people, the question would arise,
if there be any distinction between the present
provision and the proposed one, whether the
charter should be construed by the provision IN
existence when adopted or by provision sub
sequently adopted. The question might arise
whether the proposed amendment IS not a new
provision, and, il adopted, destroys all former
provisions, so that charter which has not al
ready become operative by legislative approval
can never become valid.
The uncertainty and confusion now existing
will impel the various cities of the State to Sc
cure from the next Legislature the submission of
constitutional amendment. defining clearly on
what points a charter shall be supreme and
what shall be considered general laws within
the meaning of the term as used in the Const1-
tuition. Until this is accomplished new char
ter will be uncertain and subject to amendment
or repeal by general legislative act. To be of
any benefit, charter should be the exclusive
law for city on all matters for which it pro-
vides and which are of purely municipal inter
est. This, under the construction placed upon
the existing provisions of the Constitution, can
not be done. While the present charter needs
amending and improving in many respects. par
ticularly in the matter of revenue and taxation,
1 believe it would be unwise to attempt to frame
a charter now.
The Constitution requires the charter in its
entirety to be published in two daily papers of
general circulation in such city, for at least
twenty days, and then, within not less than
thirty days after such publication, it must be
submitted to the people at general or special
election. The expenses that will be incurred
for these purposes and other incidental matters
viii necessarily be large, certainly amounting
to $4,000, and the sum may reach $4,000, or
more. l believe that this expense should not
be incurred until We know where we stand, or
until it is known whether charter would be OF
some benefit if adopted.
Therefore though a new charter is greatly
needed, and though am willing, if were sat
isfed the Constitution allowed US to frame
charter on all matters of municipal interest, to
give what time can to the work, still. enter
tanning the views that do, do not feel that
can take part in drafting a charter, which, if Il
attempts TO improve our present one, will, in
many respects, be of doubtful validity. l hope
that your honorable Board Will seriously con-
slider whether it is prudent at the present time
to incur the heavy expense incident to the
framing and adoption of a charter.
Should you, however, decide to proceed with
the work of framing a charter, l shall ask that
my name be not submitted to the people as a
nominee for Freebooter. Yours truly,
ROBERT 7. DEyLIN.
At the conclusion of the reading of Mr..
DeYlin's communication, Trustee Nc
Laughlin moved that the question which
had been raised be submitted to the other
attorneys on the Freeholders' list, with
request that they give their opinions
on the subject as soon as possible, and it
was so ordered.
ANOTHER DECLINATIoN.
S. Scion Holl addressed communica-
ton TO the Board stating that while he APP
preciated the honor of having been selected
as one of the Freeholders, yet he was COM
PEELED to decline the honor. He was OPP
posed to q new charter, because he believed
that the Funded Debt Commission was of
vastly more importance to the city than a
new charter. He believed, after full ex-
animation of the question, that a new
charter would destroy the Commission and
no new Commission could be created.
Action on Mr.. Hollis request was deferred
one week.
THE sCHADES MATTER.
Richard Dale, who was employed to ex-
pert the bills of grocer Schaden, made his
report to the Board, which was in substance
as follows:
Amount of bills for $40 o.
Amount of bills for 1889. sos "a
OILS Is
Errors in bills of 1885, Sl3 Sc
Errors in bills of 1882 Is ST.
2315
Mr.. Dale explained that Schaden had
furnished in many instances better quail
ity of goods than contract called for when
those he had brought were refused, and for
these charged extra. If the Board proposed
to hold Mr.. Schaden strictly TO his contract
prices and make him furnish this extra
good quality of goods for prices in the con-
tract, the overcharge for the two years
would amount to 500 AZ.
Mayor Gregory moved that Schaden be
ordered TO pay this amount to the city.
Trustee Wolf was opposed to this. If he
understood the matter right, he said,
Schaden brought pretty fair goods TO the
Police Station and when they sent these
back and demanded the best quality, it
was no more than right for him to charge
extra. He did not agree to furnish the
very best of everything.
Trustee Mclaughlin held the same views
as Mr.. Wolf, and moved that the action in
the matter be laid over one week. 1t was
so ordered.
THE LEvEEs.
Judge W. H. Beatty appeared before the
Board and urged that they take immediate
action in Strengthening and raising the
levees around the city. The river. front
ought to be raised two feet higher than the
Washington levees, and the Brighton levee
| ought to be looked after. There was apt to
l. sr.1, 4l,0 I'D
| in this city would do $4,000 900 worth of
| damage.
Tony Lovdal spoke on the same subject
and said that he did not believe there
would be any danger to property below the
| Y-street levee as long as the Payne break
was open. Although it did not affect the
| hight of the river at the city front but about
six inches, it would make a difference of
three feet in the river below the break.
After some discussion the three members
of the Board agreed to meet Wednesday
morning and make tour round the levees
surrounding the city,
City Attorney Church rendered an opin-
| ion to the Board stating that they IN
doubtedly had right to dispose of their
lot at Fifth and Q streets. The gas COM
pany, however, do not want the property,
and this ends the matter.
BoorBLAcK STANDS.
The City Attorney also submitted an
opinion, stating to the Board that he did
not believe under the present ordinance
bootback stands could be removed from
the sidewalks. The case had been favorably
presented to jury and conviction could
not be had. He believed that a stronger
one could be drawn up which would meet
| all requirements. The opinion was ordered
| on file.
slight amendment was made to the
proposed ordinance of the Central Electric
| Company, and the ordinance was read the
| second time and passed.
Property owners were ordered to lay q
sidewalk Immediately on Fourth, between
| r and S streets, and also on the northeast
corner of Fourth and NJ
L. G. Fay and Mr.. Jost, members of
the Federated Trades, appeared before the
Board and stated that the Trade had estab
lished an employment Office with man
in charge, and they were sent as commit.
| tee to the Trustees to ask them to defray
the expenses of advertising in the news
papers.
The Board were inclined to grant the re-
quest, but wanted first to know the cost.
This could not be ascertained, and the mat
| L.; 4