The record-union., 1893-11-27
THE BOND PROPOSITION AND THE
SUPERVISORS.

This week a committee from the
County Road Convention will appear be-
fore the Board Of Supervisors and present
the request of that convention that the
question of general road construction
may be submitted to the vote of the peo-
pie.
It has been intimated in certain quar-
ters that the Supervisors will deny this
request. We cannot for moment enter
tain such a thought. 1t is the purpose
under our system at all times to bring
government as near as possible to the
people. The nearest that it can be
brought is the ballot-box. Itshould at any
and all times be granted that vote on
public proposition be taken, when the re-
quest therefor is made by goodly num-
Der of the taxpayers of the community.
This is about as far as the referendum
goes in this eountry-there are many
who hold that it should go to the extent
of submitting all laws to vote of the
people as well as legally proposed laws.
Whatever the Supervisors may think
of the bond proposition, it is their duty
to submit question regarding it to
vote, when the request is preferred, as in
this case, by a large and representative
body OF the people. The Supervisors of
this county are energetic business men,
men, practical and clear headed, and fully
understand the duties incumbent upon
them. We entertain the belief, there
fore, that they will submit the trunk
road question as requested by the County
Convention, than which no more repre-
sentative body has ever assembled in
this county.
It has been suggested that there is
some doubt about the submission being
ordered because the County Government
Act recites that all such matters of bond
issuance shall proceed upon the twenty
years plsn-that is, that no bonds shall
issue except provision is made for their
payment "within twenty years." But
those who have suggested this idea
should examine further and they will
discover their error.
They will find that the provision
the county government bill regarding
the term of bonds voted by the people is
in the exact words of the Constitution as
the latter instrument was when the
County Government Act was passed. 1t
adds nothing and takes nothing away of
course. In fact. such provision in the
Act, re-enacting, so to speak, the Consti-
tuition was unnecessary. But since the
passage Of that County Government Act
the people have amended the section of
the Constitution that is repeated in the
Act, and have substituted the word
',forty' for the word twenty" and
Sacramento voters will remember that
the people of this county almost unani-
mously voted for it in November, 1892.
This constitutional provision stands
alone and needs no aid by legislation. 1t
stands alone precisely as does that other
constitutional provision about city char
ters, and concerning which there Is no
legislation and need be none. Under
that constitutional section Sacramento
went on and held charter election with
out any legislative Act being passed. In
short, in this matter the Constitution is
self executing. The County Govern
ment Act passed by the last Legislature
does not go into effect until 1895.
But if it were in effect now it would
make no difference that it provides for
twenty-year bonds only, since the Con-
stitution is supreme, and the Legislature
has no power to narrow limit expressly
granted and declared by the Constitution.
Especially is this made clear by the fact
that the people passed upon that limit at
sn election and amended the Constitution
making the maximum term of bonds
forty years. It does not need even a
childish intellect to understand that the
Iegislature cannot undo and nullify the
Constitution by legislation fixing max
imum bond term of twenty years. II
that could be done. the Legislature could