The record-union., 1892-03-16
WILL THE NEW CHARTER NECES-
SARILY DESTROY THE FUNDED
DEBT COMMISSION.

S<AfSIL4 FUNDED
DEBT COMMISSION.
There are citizens who still insist that
1t has not been made clear to them that
the Funded Debt Commission can be re-
tanned and the new charter adopted. II
is necessary to clear these doubts away
before taking UP the proposed charter on
its merits.
The rules of law appear to US to dis
sipate all possible doubt, but if we set
them all aside it still appears that ordi-
nary reasoning clears up the whole mat
ter. Taking the new charter section by
section in order, we find that there is not
in any line or syllable of the document
the slightest expression inconsistent with
the existence or work of the Funded
Debt Commission. When one declares
that the adoption of the charter will de-
stroy the commission, it becomes incum-
bent upon him to point out wherein re-
sides the language of the charter that
will have that effect. If that cannot be
done, the case may well be taken as con-
fessed.
The late Judge III. Q. Beatty was the
father and the ablest champion of the
Funded Debt Commission. The RECORD
UNION labored with him in mainten-
ance of the commission and to further
all its good work. We may therefore be
deemed competent to quote Judge Beatty
in this debate.
In January, 1890, when it was proposed
TO select Freeholders to frame new char
ter, Judge Beatty, at request of our con-
temporary, the Bee, published his rea-
sons in full for holding that the then pro-
posed new charter would destroy the
commission. These reasons were, in
brief:
l. Section s, Article XII of the Consti-
tuition makes any new charter supersede
the old one, and any amendments there
to, and all laws inconsistent Herewith.
2. The Act of 1872 creating the Funded
Debt Commission was an amendment to
the existing charter, or else it was spe-
cial law, which would be inconsistent
with the new charter.
8. The new charter would abolish the
Trustees, President of the Trustees, Au-
ditor, Tax Collector, Assessor, etc. With
out these officers the commission could
not draw their money. buy bonds or act
in the premises, for the law requires per-
formance of certain acts by these officers
in their relation to the commission.
A. Section Is, Article XI. of the Consti-
tuition prohibits the Legislature from del
egating to any special commission power
to interfere with or supervise any mu-
nicipal Improvement, money or property,
or to levy taxes, or perform any munich
pal function whatever. The Supreme
Court (7Ist Cal. Reps, p. 310), decides
that if the commission were destroyed a
new one could not be raised under the
Constitution-that is, as Judge Beatty
read and construed that court opinion,
but which is differently interpreted by
other lawyers-not, however, material
matter.
These were all the reasons advanced
though much elaborated - by Judge
Beatty, for his belief that the adoption oi
a then proposed new charter would re-
peal the Act creating the Funded Debt
Commission, but the question of an alter
native proposition of non-repeal he never
contemplated. At that time he secured
an opinion from Judge Geo. A. Blanchard
in support of his own views, and the same
was published January 10th in the Bee.
Judge Blanchard held as did Judge
Beatty, but added that if the Funded
Debt Commission were continued at all
with new charter, the scheme must be
incorporated in the new charter" and
be declared feature of it. He expressed
doubt also concerning the possibility of
perpetuating the commission scheme in
the new charter then contemplated.
-Four days later, at the request of the
same journal, Hon. A. P. Catlin, a law
yer the peer of Judge Beatty, and not re-
lated to the commission as an officer of it
or otherwise, gave his opinion, and it was
directly opposed to Judge Beatty and in
harmony with the views of the vast ma
jority of sound lawyers.
Judge Catlin held: First-That a new
charter would supersede the old one, and
all amendments thereto and inconsistent
Herewith.
Second-But the new charter could, and
probably would retain all that was good
in the old. Now, said he, what the Legis-
lature could do under the old Constitu-
ton in the nature of charter-making, the
people in cities can themselves do under
the new Constitution.
Third-But anything they do in that re-
lation must be consistent with the Con-
stitution and the general laws. The
Funded Debt Act was passed March 25,
1872. It became partof the city charter.
In framing a new charter it can be re-
tanned in it just as can the School Board
the Fire Board, and all other boards
created by special laws prior to the adop-
ton of the new Constitution.
Fourth-This transition can be made
without jar or loss, and it would make the
commission seJc,. tlszn It nor is.