Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1890-01-21
THE FIRST KICK.
R. T. DEvLIN AND S. soLoN HoLL De
CLINE TO RE FREEEoLDERs.
Mr. Devlin Says a New Charter viii be
OBSERVATION-DISCLOSURES of
Property Owners.

The Board Of City Trustees met promptly
at 10 o'clock yesterday morning, with
Mayor Gregory and Trustees Mclaughlin
and Wolf in their usual seats.
Chief Engineer E. n. Williams, of the
water works, reported that for the week
ending January 10Th 1855 900 gallons of
water had been pumped. The Holly en-
CINE did the work alone in 16S hours.
Elk. Alsip and several other gentlemen,
property-owners on n street, above Fif-
tenth, appeared before the Board and
asked the Trustees to rescind the resolution
of intention to grade and gravel n street,
until the property owners should get to-
gether again and agree upon some definite
plan for grading. Many who had signed
the remopstrance to improving did so be-
cause they did not want the usual kind of
gravel used. which had so much clay in it..
The Trustees were now. said the gentlemen,
in possession of one remonstrance from
persons, who, however, did not represent
over one-half Of the owners of property IN
that vicinity, yet, there was another re-
monsrating petition already prepared,
which, if handed in, would put a stop 10
all proceedings.
Upon the suggestions of Mr. Alsip and
Lincoln White, the Board resolved to re-
scind the resolution of intention and wait
until the property on the street
should agree on a certain system, and then
republish the resolution.
Elijah Comstock called the attention of
the Board to the condition of o street. and
gave his opinion as to the best mode of i'm
proving IT, The Board advised Mr.. Com
stock and the property-owners on o street
to follow the example of the n street peo-
pie.
A Communication was received from the
Natural Gas Company stating that they
withdrew their application for the lot
owned by the city at Fifth and Q streets,
and thanking the Board for their kindness
in considering their request.
A remonstrance was received against
grading and improving l street from Thir-
teenth to Twenty-first. The petition was
signed by majority of the property own.
ers on the street, and hence the proposed
improvement is knocked out. An explana-
ton accompanied the petition, stating that
the property-Ovners intended to improve,
but thought they could have it done
cheaper after awhile.
John hatcher asked the Board whether
or not it was their intention to put brick
sewer in the middle of n street, from
Twenty second to Twenty-eighth street.
and charge The expense of the work to the
property. owners. The Mayor said he
guessed the city would be compelled to pay
for such a sewer, but City Engineer Pierson
being called on, informed the Board that a
law passed last year made it compulsory on
property-owners 10 pay for all sewers that
were put in the streets.
Mr. hatcher and the several owners of
property on the street were almost thunder
struck, and went out resolved to knock all
improvement of the street on the head.
OPPOSED TO A NEW CHARTER.
The following was handed in by Robert
T. Devlin:
SACRAMENTO, CAL January Is, 1890.
To the Honorable the Board Of Trustees Of the City
of SdcrdmeRto-GENTLEMES: 1 have been hon
ored by your Board with the nomination of a
member of the Board of FreeholdsrS to frame a
new charter for this city. But believe that to
frame new charter now would be useless and
would cause large unnecessary expense.
The recent decision of the Supreme Court of
this State IN ex psrte All You, filed January l.,
1890, nullifies the benefits it was supposed would
result from the amendment to the Constitution
allowing cities Of less than 10000 inhabitants
to frame their charters. 1t had been generally
supposed, prior 10 this decision that charter,
under this constitutional provision, might be
adopted by q city, organizing government and
legislating on all matters of municipal concern
which would have the effect that a charter
would have had If granted by the Legislature
when the old Constitution was in existence
Under this view it would have been perfectly
competent for q city to provide for the creation
of municipal Courts for the establishment OF
system of street Improvements, and regulate all
other subjects that pertain to local government
On this theory the charters recently adopted by
the cities of Los Angeles, Stockton, Oakland
and San Diego were framed. This is also the
opinion entertained of this constitutional
.InSflpn
Supreme Court, who in a dissenting opinion in
the case referred to declared: THAT now
municipalities have the option to organize I'M
der general laws and leave the law OF their or
ganization subject to such amendment as the
Legislature may from time to time see tit to
make applicable 10 all corporations so orgau-
lied, or under a special law framed and adopted
by their own people, and yhich while at the
time of its adoption, and at all subsequent
times, must be subject TO such general laws as
affect the people OF the State at large, can only
be amended in the matter of local government
as they themselves shall see fit to amend 1t.
Ifthere is any one thing more manifest
than another in this Constitution, it is an intent
to commit to the people of municipalities the
management of their own local affairs; but in
such form as not to interfere with or create con
fusion in the administration of the general laws
of the State
II this view Of the Constitution, expressed by
Judge Fox. had prevailed no one Will deny
that wisely framed charter would be OF much
value to Sacramento. 1t is doubtless the belief
that the Board of Freeholders could frame a
charter covering the matters which Judge Fox
thinks are permitted, that has induced desire
for new charter for Sacramento.
But, unfortunately for us, this is not the view
taken by a majority of the Court, who hold that
a charter is subject TO all general laws. whether
they relate TO matters of purely local interest
or not, or refer TO classified cities. Consequent
", the only object that would induce the franz
ing of new charter, suitable for the wants OF
the city, is lost, SIS such charter would, in the
first instance, be controlled by all existing gen.
eral laws and could be changed or practically
destroyed by g subsequent Act of the Legisla-
tuTe, relating 10 matters provided for by the
charter Instead Of securing a charter that
would be luvio!able ut the hands of the Legis-
lature, we would be in no better position than
we now occupy.
eial power OF the city shah be vested in Police
Court and in sueh Justices Courts as are or may
be provided by law, and thai Judge of the
Police Court shall be elected. TO hold office for
the term OF two years, and defines the inrisdic-
ton of the Court. All You was convicted of a
misdemeanor by this Court, and obtained writ
of habeas corpus from the Supreme Court.
There is now, and was at the time the charter
was adopted, statute which provides that in
cities having over 50 900 and under 100. 900 in
habitants, one Of the city Justices. to be desig-
mated by the Mayor. should be the Judge of the
Police Court The Supreme Court decided that
freeholdeIs' charter was subject to this law,
and that the Police Court, which the flee-
holders charter attempted to establish, had nc
legal existence, which renders void all judg-
meuts rendered by the Court. II was con-
tended, also, in this case. though the point was
not decided by the Court, that the establish
ment Of Police Court was matter that rested
solely with the Legislature, such Court being q
part of the general Judicial system of the State
and hence could not be created by municipal
charter
Now, new charter would abolish our present
Police Court and unless it could be shown that
Sacramento is city of over $1,000 inhabitants
the new charter would probably leave Us with
out Police Court 81 all. II the last census was
taken as a guide, the city has less than 5000
inhabitants In the census that will be taken
this year il VIII probably appear that Sacra
mento has more than that number. Which
census would be taken as the basis of compute
ton do not know and il would be matter oil
extreme doubt whether the charter should at
tempt to create Police Court that probably
would have no legal existence, or should leave
the matter to the chance of the census showing
q population of over SO, 900 inhabitants.
The charters of the different cities which
have adopted charters under the amendment
to the Constitution provide system OF stree
Improvements. All such provisions so far a.
they conflict with what is known as the Woo
man Act are. under the decision mentioned
clearly unconstitutional, although they wert
undoubtedly presumed to have been valid Wher
inserted in the charter.
At the time the Political Code was adopted i
provided a general system of municipal govern
ment, which did not apply to cities already In
corporated, unless they chose to come under tnt
provision OF the Code These sections CT the
Political Code have never been directly in term.
repealed, and whether they are still IN force