Los Angeles herald., 1891-01-13
City and County of
Cityof

1sssss 1sss-ss ...... ....... ILLS LIZ isS 1sS
iissssss--SSoo.. 100 90 i.1S h.1S "
Total, years. .s7.59.o7 se.4O on the sloc
Average. -. 81 5671 s1.342s1
l am aware that objections may be
made to consolidation by certain por-
tions OF our county dying outside the
city limits), but by the constitution oi
our state the adjacent territory can be-
come part and parcel of the city if they
so declare at an election to be called fol-
that purpose. An opportunity will be
thereby provided for all such portions oi
the county to become part of the city
if they 80 desire. The city of Chicago
has recently extended its boundaries to
include territory twenty-five miles
long and ten and half wide at its
widest point. When the cost of govern
ment is no more for consolidated gov
ernment in the city than for county
government outside, believe that such
adjacent territory as we may desire to
annex will be glad to come into and
form part of our municipality.
This is a matter of such3vital impor-
tance to our city, that would be glad
to have the present administration bring
it before the people in such way that
they will be permitted to express them
selves thereon at an election to be called
under the provisions of the law pro-
viding for consolidation. These are
certain amendments that should be
made to the law to enable us to practic-
ally take advantage of the law in this
regard, and now is the proper time to
bring the matter to she attention of the
legislature OF our state. and have such
amendments made thereto as prac-
ticable application of the law may prove
to be necessary, and then to submit the
same to the decision of our people after
q thorough consideration of the subject.
To bring permanent prosperity to our
city and county, reduction in the ex-
pense of maintaining the government
is necessary, and the consolidation OF
our city and county government will
produce greater results in this direction
than anything else we can do.
CONFLICT BETWEEN THE CHARTER OF OUR
| CITY AND THE GENERAL LAW OF TILE
STATE.
There is provision in the constitu.
tion of our state OF such vital impor-
tance to the interests of our city, that
the present session of the legislature
should not be permitted to end without
an earnest endeavor on our part to get
it amended. Under the constitution
each municipality is clothed with the
right to adopt charter for its own gov
ernment, but the constitution in stating
the effect to be given to such charter.
when so adopted, reads as follows: such
charter ''shall become the organic law
thereof, and supersede any existing
charter and all amendments thereof, and
all special laws inconsistent. with such
charter" Now, in stating that itsuper-
sedes ali special laws, under uniform
rule of construction the courts have
held that it is tantamount to stating that
it does not supersede general laws.
Hence all general laws are paramount
to the charter, by reason of the lam
'guage used, and any provision of the
charter in conflict with the general
laws is imperative and void, resulting
in confused state of affairs in our city,
greatly detrimental to the public good.
Ever since the adoption of the new
charter our city has enjoyed the luxury
of one continued round of litigation to
maintain intact the autonomy of our
municipal existence. Many of the most
important provisions OF the charter have
been nullifed by decisions of our courts.
on the ground that they were repugnant
to the general laws of the state, and at
every session of the legislature new laws
being general in their effect are being
enacted, important branches Of the city
government are being abolished and
others substituted. until it is beyond
the power of our ablest lawyers to in
form us where we do stand and what
the law is on many of the most import
ant branches OF the city government
notably, that portion which relates to
improvement OF our streets: measures of
great public Importance have been tied
up for years awaiting the decision OF the
appellate court on the subject, and
after a thorough deliberation the court
rendered majority decision, showing
that the court of final resort in our
state is divided as to the law that gov
erns our city, owing principally to the
insertion Of the word special in the con-
stitution, which should have been
omitted. The provisions of the charter
providing for the Office of police Judges
is declared invalid, thereby abolishing
that court; the supreme court has de-
clared that all the portion OF the char
ter relating to the Improvement of our
streets, and for which the charter was
principally adopted, is in conflict with
the general law, and therefore void the
management of our parks has been
taken out of municipal control, and
placed under the management of COM
mission appointed by the governor.
The board of trustees of the public
library are called on to test in the courts
the question Of the legality OF their ap-
pointment under the charter. and alto
gether the public service is demoralized
by the uncertainty that pervades all
branches Of the city government. Until
the constitution is amended in this
regard it is almost useless to at-
tempt TO amend the charter, because
when amended at great expense and
annoyance 70 Our people We 6nd that II
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