The morning call., 1892-01-31
A QUEER JUDGMENT.
The Legislature Assumes the
FuRcli0ns of a Court.

The last Legislature. the most infamous
in the history Of California, converted Itself
into a high court Of justice, heard case
against San Francisco, and rendered judy
ment against it for the sum of S54,O15 81,
principal and interest, in favor of j. j. Con-
lin. The procedure was perhaps the most
extraordinary that ever took place. The de-
PENDANT certainly was not summoned TO ap-
pear aud show that it was not liable. The
case was carried on for the plaintiff by
Whispering in the corridors of the Capitol.
1 No testimony Of the least value was taken.
Nor is the principle upon which the ludg-
ment is based any less singular than the
mode by which il was reached. That prln-
ciule is essentially that of vcarious atone
ment, under which the whole people of San
Francisco are compelled 10 pay the debts
for street improvements of a few Of their
| feiiOW-ciliZens.
This claim together with several others,
aggregatlng SeVe5 al millions, has been be-
fore every Legislature since the days of
Governor Halght. Whenever the Legisla-
ture undertook TO validate them the Gov
eruor Of the period vetoed them. Governor
Haight, Governor Irwin. Governor Booth,
Governor Perkins, Governor St0neman,
Governor Bartlett aud even Governor " at
erman would have nothing TO do with these
claims. Governor Markham signed the
C0uln bill, which, II 1t can be enforced,
Will Oe the6rst step toward throwing on
the city debt yaT'OuSly estimated at from
! s. Coo, 900 to SG.0J000O that it does not owe.
l. viii be admitted without much difficulty
that this is pretty serious business.
HE act IN question, II IS hardly necessary
10 say, Is abSurdIy and TldIculOuSiy unCOn-
StItUuOnal. 1t runs up against q half a doZ-
Ell provisions Of the organic law. 1t is spe-
cial legislation. 1t orders a special roll in
the statute OF limitations. Il directs the
imposition of a special tax in single c0un-
Is. and tie money cannot ue raised without
taxation. lt gives special orders TO The SUI
pervSOTs, The Auditor and the Treasurer.
Ii assumes On check ont the money OF our
/ taxpayers. 1t makes people pay debts who
/ never contracted them. AS a whole, II may
/ be regarded as q Wild legislative Gssump-
! ton. Tie Legislature used 60 make free
/ with tie money in The treasury II TINS city
/ under the old Constitution. But Y was at
! last deprived of that pleasant paStme Oy
tue decision Of the Supreme Court in The
4 case Of the Supervisors IS. Lynch, 1 o r5-
new the practice under the Lew CousUtu-
/ ton can be regarded ia no other ght than
as the 8U0theOsis OF Doodle maunderIng
law 'eSSneSS.
/ That queer legislative enactment in due
season reached the B ard Of supervisors,
/ which referred ID to its Finance Committee.
( The latter. acting very properly refused 10
have anything to do with it, The case has
now got into court and there Is a chance
tn this long WraDRle Will at length te
I brought 10 an end. The court is, in fact
asked to enforce the judgmsn: Of court
unknown 20 the Consu1ution-that is, the
I usuruing, yenal Jravpsty Of court called
{ tue Legislature. It IS not denied that there
/ are equities in the case. But the equity Is not
/ broad enough 70 make people pay who did
/ not contract the debt II any method could
J be discovered to make .ie delinquent prop
4 erty-owuers pay, provided the claims can be
/ proved. 10 objection w0uiI be raised by the
/ community ut large