The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1893-09-27
fHE MAYOR AND TRUSTEE GREEN.
They Insist on Testing the Validity Of
the New Charter.
A Lively. Not to say Sensational, De-
bate in the Board-Mayor stein
mans Sentiments.

Sultat1On with the Eree0OluerS 10 COLI
slider proposition by the Mayor to test
the validity of the new charter, and
Trustee Conklin alone voted against it.
The matter came up at special meeting
held yesterday afternoon, and was pre-
cipitated by the submission of the follow
ing preamble and resolution by the
Mayor:
WHEREAS, Able constitutional lawyers have
declared that the charter adopted by the city
10 go into effect next February is invalid, ana
If such be the case it would destroy. Tor
time all the functions of municipal govern
ment, and it is desirable before any OF the
city's interests are Jeopardized TO know den
nftely whether the proposed charter Is Yahd
or invalid,
Resolved, That the Mayor be authorized to
consult competent lawyers and obtain their
opinions, to be submitted to this board, and
that the persons constituting the Board OF
Freeholders who framed the charter be III
vtted to meet with this board on -- at -
O'Clock = NJ, to consult On the matter and to
take such steps as may be deemed advisable
to secure speedy and amicable decision on
the subject.
AZ wish to make a statement on this
matter" said the Mayor, land l have
placed my thoughts in writing. L pre-
sent this resolution with considerable re-
luctance for the reason that have per-
sonal interest in the matter, and know
that 1 shall subject myself to criticism.
But | wish to be perfectly frank in the
matter, and inaSmuch as we cannot avoid
the question being raised at some time, L
have concluded that it is for the best in
terests of the city that it should be raised
now.
''Should the charter be blindly accepted
by US, and it should prove that it was
invalid, it would paralyZe the govern
ment. If a dissatisfied taxpayer should
enjoin the Collector from collecting city
taxes and the court should hold that the
charter had never been legally adopted,
we would lose that years revenue, and
owing to the limitations on the amount
for which taxes may be levied, we never
could obtain the money. That is, we are
authorized under the charter to levy
tax of one per cent. for the general fund,
and no more. If this tax should be lille
gal, we could not levy tax of two per
cent. for the second year because the
present charter forbids it.
I'VE are now engaged in the prOsecu-
ton of many street improvements, and
the assessments for this purpose will be
collected next year. We, and Darticu-
larly the contractor, would be in an un
fortunate condition if there was no le-
gally constituted officer to accept the
work. So with our police department
and the whole administration Of criminal
law. Our present city government would
we would be without any government
whatever.
''These consequences are too serious to
be passed over lightly, and [ consider it
to be the duty of every taxpayer 10 learn
at the earliest practical moment exactly
where we stand.
1--WE ought to be able to agree on the
facts, and the Importance of the question
would cause the courts to give US an early
hearing. /, therefore. conceive it to be
my duty, whether my motives be rightly
or wrongly understood, 70 press the mat
ter at this time. believing that every tax
payer will consider it the part OF wis
DOM"
Trustee Conklin said he was sorry to
have such a resolution come from this
board. 1t represents the people. 1t is
its duty to stand by their decision. Such
things as tests like this come from no
good motive; behind such assaults gen.
orally, lie vile purposes. The people are
satisfied and are willing to take their
chances. II understand this matter, and
l say that it is wrong to have test case
come from board such as this"
Mayor Steinman said he had right as
a citizen to express his views, and to have
the test case made if he could.
Clinton l.. White, one of the Freehold
ers, who was present, asked:
"Who are the constitutional lawyers
referred TO IN Glo T6SOluGlOQ-tllS 0XtraOr-
binary resolution ?"
The Mayor will tell you that when
we meet. We will have the Freeholders
who made the charter here You were
one, and we want you here. Then ] will
tell you.
Mr.. White-I object to the reply of the
Mayor. 1t is not proper reply to make.
If cannot have it as a Freeholder, de-
mand it as a citizen and taXpaYer
Tho MaUnr-NalI I oaxra Won tho irI,t
reply. The charter is good one; that no
one doubts. It's all right. But the time
to talk is when we meet to discuss the
matter gifts legality.
Mr.. White-I object to these ex parte
trials, these rump test cases.
The Mayor-Thats your idea: Mine is
that the board, and the people, all of us,
have right to know as taxpayers what
the law is. You know that, question is
raised, that it has been raised all along.
I tell you there is no niger in the fence.
It's square-that is just what it is, Mr..
White. We will get legal opinions here,
and have them read 10 you, and at the
meeting we can discuss the whole mat
ter.
Mr.. White-Every presumption is in
favor Of the charter, and it is your duty
to so hold, and you know it.
Mr.. Conklin-That is my thought, too.
It is little short OF outrageous for such
resolution to come from this body,
chosen by the people to defend them.
Mr.. White-Every presumption. re-
peat, is in favor of the validity of the
charter, and nothing should be taken
against it, until it is regularly advanced
and regularly determined. know what
fhe people think about ii. They knew
this was coming, and are simply indig-
nant.
Mr.. Green-What right have you to say
4hat ciV Won bQNo n icrbf 70 7 l.,
what the people think. too.
Mr.. White-Which you don't, sir. [
repeat that this is all wrong. / know that
one source of it is certain newspaper edi-
torials, and the people know what
prompts the whole thing. The plea that
the new charter, II held invalid, will
leave the city without government is
absurd. Governments never die. They
may and do change. they never cease.
Again, an actual case is always preferable
to an agreed case, and always so as against
a trumped-up, so-called test case. know
that the prompting behind this is a wish
to defeat the charter the people have Sc
leeted for their government. 1t is like
the tramp who is always looking Tor
work and praying that he may not find it,
Mr.. Green-You have that opinion,
have mine. You have no right to say
that which you do. My opinion is an
honest one, and it is as good in that re-
spect as yours.
The Mayor-That's all right. Your
charge is nothing. For my intent, and [
assert it without fear, is to have square
meeting to settle an important question
that is raised. Let the Freeholders come
to that meeting and pick out their men TO
defend the charter.
Mr.. Conkln-Nol no. you have no
right to do that. This board has no right