The record-union., 1893-10-02
VALIDITY OF THE new CHARTER.
The FreehoIders Decline to Engage in
& Test Case.
They Say Their Duties Ended Long
Ago, and Object to the City
Taking the Initiative.


Ago, and Object to the City
Taking the Initiative.
The conference announced to be held
on Saturday last between the City Trus
tees and the Charter Freeholders did moi
materialize. The Trustees were on hand
but the Freeholders came not in person
They sent i'll communication, how
ever, explaining why they preferred MOI
to confer on the subject of the proposed
testing of the validity of the new charter
as follows:
To the Honorable Board of Trustees o.
the CITY Of ACKNOWLEDGEMENTS
The undersigned members of the Board
OF F'reeholders which prepared the charter
which IS to supplant the present system
OF municipal government at the begin
ming OF the ensuing year, respectfully
acknowledge the receipt of invitations
from your honorable board to meet with
you to discuss the advisability of having
q test case prosecuted in the courts to de-
| termine the validity or invalidity OF such
charter. We presume the invitation is
thus extended because of the part taken
by us in preparing the charter, but we
beg leave to call your attention to the fact
that our official duties ended with the
signing OF that instrument, as required by
| the Constitution, and that the electors o1
the municipality took up the work where
we left off, and by their votes ratified it,
and that it was also subsequently duly
approved by each House of the Legis-
lature. There would appear then to be
no special propriety that we, more than
any other citizens, electors or taxpayers
should engage in the discussion pro-
posed, and if we were to accept your in
Vitation it could only be in our capacity
as private citizens.
However, we respectfully decline your
invitation TO meet and engage in the dis
cussion proposed, and base our non
acceptance on what appear to us to be
reasons of more weight than the mere fact
that our official duties in relation to the
charter have long since fully been per-
formed. We do not desire to voluntarily
assist in initiating such a controversy as
suggested; on the contrary, we desire
to strenuOusly avoid appearing to counte-
nance the proposed proceeding by par
ticipating in the proposed meeting.
For US to accept the invitation and at
tend the proposed meeting would present
US to the public in the false position OF
entertaining doubts as to the validity o1
the charter. But we entertain no such
doubts. On the contrary, we are fully
satisfied that the charter is in all particu-
lars a legal and valid instrument. and
all things relating to its preparation, rati-
fication and approval were regularly and
legally had and done, from the initiation
OF proceedings until the final filing of a
certified copy of the charter in the office
of the Secretary of State. Some of us
have at times heard street rumors that
certain facts claimed to be important
could be established outside the record
of all proceedings and going to the ques-
ton whether all the fifteen who were
elected to frame the charter were "free-
holders in the strictest sense of the term.
Without discussing whether such
rumors have any foundation in fact, we
are fully convinced that such question
cannot now be raised, and that the
validity of the charter is not affected by
the truth or falsity of such rumors. Be-
sides we are fully convinced that the con-
stitutional requirement was fully salts
fed by the signing of the charter by q
majority of the fifteen who were Free
holders in the strictest sense in which
that term is ever used.
We deem the present an unreasonable
time for the agitation of any question as
to the validity of the charter, for the
reason that the attention of our citizens
ought not at this time to be distracted
from the importance and necessity of
careful selection of the officials who are to
take charge of municipal affairs at the
close Of the present year.
And we fail to see any force in the sug-
gestiOn contained in the resolution
adopted by you to the effect that unless a
test case shall he prosecuted the functions
Of the city government may be tempo
rarily destroyed and the interests of the
oft W orCiiz nit ho
left without government whether the
present or the new charter shall control.
After the taking effect of the charters OF
Los Angeles, San Diego, Riverside and
Stockton proceedings were prosecuted to
test the validity of such charters, and 80
far as we are informed the respective city
governments were not materially dis
turbed by such proceedings. 1t seems to
us, moreover, that material injury to the
best interests of the municipality and to
our citizens will ensue from doubt being
cast upon the validity of the charter by
any agreed case which may be instituted.
And we desire TO state also that in our
humble judgment there would be great
improperly in your board taking such
action as your resolution contemplates
By reason of your official positions it be-
comes your duty, as we understand it, to
uphold the charter as valid, and to pro-
ceed upon that hypothesis until it shall
have been otherwise adjudicated. Your
duty, as it appears to us, is to obey the
laws as written for your direction, and to
respect the expressed will Of the people.
1t appears to us grossly improper that the
official power and the funds of the city
should be invoked in any attempt to de-
feat the plan Of government which the
people by overwhelming majority have
provided for themselves. IT any MEN,
Der of your board should feel inclined to
test the validity of the charter, we re-
specttully suggest that he should do SO as
private citizen and at his own expense.
(Signed) very respectfully, Thomas
B. Hall, S. B. Smith, Frederick Cox, w.
T. Knox, Jr., G. II. Hubbard, Clinton l..
White, Matt f. Johnson, John w. Arm
strong, Christopher Green. j. III. Roberts,
Ii. Weinstock, n. Greene Curtis.
OF the thirteen freeholders who signed
the charter II. M. LaRue is in the East.
THE MATTER POSTPONED.
4 communication was also received
from the attorneys who had been con-
suited in the matter, stating that their
opinion was not yet ready, so the further
consideration of the subject was laid over
until the regular meeting tomorrow.
The invitation received from the Coun-
Gil of Federated Trades to participate in
the proceedings on Labor Day was ac-
cepted. The board then adjourned.