The record-union., 1893-01-16
THE LEGISLATURE AND THE
CHARTER.

For years the people of this city have
felt the necessity of remodeling the sys-
tenn of the local government. The city
long ago outgrew its present form of
government. Under the directions of the
Constitution, therefore, the people last
year voted upon new charter, con-
structed in strict compliance with the
Constitution and the laws, and adopted it
by vote of more than two to one. In
deed. it is a matter of history, and within
the knowledge of every man in the city
at the time, that if needed 5000 votes
could have been cast for it. So satisfied
was everyone that it would be adopted
mem CON that only light vote was polled.
and the adverse vote was actually trifling.
If by any hook or crook the Legisla-
ture IS now induced to refuse approval to
the charter thus adopted, public outrage
will have been committed and the express
viii of the people defeated. a few dis
affected men declared at the time of the
election that in the Legislature they
would secure the defeat of the charter.
With some of these men we at the time
had conversation, and they did not con-
ceal their purpose. They do not like the
new charter because it is economic.
lessons political patronage and brings
government nearer to the people and con-
sequently puts it further from the poll
ticians. Some few no doubt honestly
think it unwise in some.o it's provisions.
or that some parts of it could be bettered.
1t is objected to the charter that one of
the board that framed it was not Free
holder, and that therefore the charter is
invalid. But this is not true and no
proof Oft has been advanced though the
burden is upon the proponents. But
If it were true, it does not reflect
right understanding of the law to now
advance it. For it is principle of law
as old as the hills that the acts of de
Jacto officer i'll official direction, and not
otherwise illegal, are valid and binding,
though it is afterward determined that
the person acting had not full warrant of
qualification for so doing.
Suppose it should turn out that two.
three, or half dozen members of the
present Legislature are aliens, is there
anyone who would contend that the Acts
of the Legislature dependent on their votes
are therefore invalid? Suppose man is
elocfa3 l,,- 4b, ,,o,,,1c -, e.,,,,o.,;~.. -, -
ship, takes the bench, and proceeds to act
as if legally qualified, is there anyone who
will contend that the judgments of such a
de facto Judge are invalid? The whole
policy of the law, the whole line of de-
cisions run counter to such an idea Sup
pose that while so acting as Judge the
man should marry a couple, wiz there be
found any lawyer or layman to contend
that the marriage is therefore not bind
ing?
It is a principle of the law as ancient as
the law itself, that the people shall not be
punished for the act of one in office who
is thereafter held to be an intruder. Sup
pose it should turn out that Governor
Markham is an alien, and has all the time
beendllegally acting as Governor because
lacking the qualification of citizenship,
will anyone contend that all his acts
while in Office, while dc facto Governor,
are therefore to be undone and counted as
void?
The present Chief of Police of this city
is acting under challenge of his citizen
ship; but he is in the Office, and no
human being dreams of assailing his au-
thority to make arrests, or to command
the department while he acts. There is,
in short, nothing better settled or more
firmly grounded than the maxim we have
stated as a principle of the law, that the
acts of an officer de facto are binding, and
that the people cannot be punished be-
cause of the fact that by subsequent de-
termination it is found that the officer
failed of the necessary. qualification for
filing the Office.
In the case of the charter one of the