The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1893-09-27

to do this thing, and in the name of the
people
Mr. Green-There are differences of
opinion as to that
Mr.. White-The real difference in
this whole matter is the cost of the cleo
ton. That will cost the city about u, ZtD.
Now, test case will cost you that or
more for lawyers and costs of suit. on
can't take the money out OF the CITY
Treasury rightfully for such purpose.
Your position should be an impartial one.
\ on should not enbarass the people IN
this election, as this action surely Will.
This thing will be a serious embarass-
ment
The Mayor-If the election is held, and
the charter found invalid, the new OIL
GERS cannot take their seats
Mr.. White-But there will be govern
ment left as now. No one can gainsay
that. A test case as here proposed cam
not be had honestly. This resolution is
for political purposes. 1t is not in the
best interests OF the people. 1t is either
political trickery or scheme in the in
terest of officers to hold over.
Mr.. Green-You have no right to say
that; 1t is not true.
The Mayor-That is all right. He has
his opinion. We are going to have that
meeting, and then we can discuss it.
deny that there is anything behind this.
am acting for the best interests OF this
city, and l have something at stake as a
taxpayer, as well as Mr.. White.
l.. Il. Hatield-Let me say word on
this subject. was not one of the Free
holders. / took no part in the matter
other than as private citizen. | believe
l am impartial in my judgment, what
ever it may be. A suit before the cleo
ton is not practicable, in my opinion.
Neither this board nor any other board
can bind the city or It's people by any
such proceeding as is here suggested,
not in any action as test case as this is
to be. The policy of the courts always is
to refrain from interference with cleo
tons, if possible, and that is right. Now,
it is only little over month to the cleo
ton, and you cannot make an agreed
case that will in that time get farther
than the lower courts, and it will not
bind, as | have said. think no lawyer
will controvert that proposition. But a
decision in an actual case will bind, and
it is OF real value, of course. But a real
case cannot be heard before election so as
to reach a final conclusion. But hold the
election with no regard to this question.
Then the right to take or hold Office
under it can be raised at once and the
matter be determined before the old gov
eminent system goes out. This is so, be-
cause after an election a more summary
proceeding can be had, and the people
will by this course be deprived of no
right.
The Mayor-Very well. The election
can go on, can't it? 1t will go on, the
people will have their election. No one
has said they should not. But the test
case can go on too, and decision be
reached before the first of January, and
the time to take up the matter is now.
[ have heard the opinions of lawyers
that there is not the necessary validity
in the charter.
Mr.. White-You have got that opinion
now.
The Mayor have not. It is not true.
Not true, sir. Stick TO the truth, MIR.
White, and it will serve you better.
Mr.. White-I know what am saying.
The Mayor-And so do /.
Mr.. Conklin-I protest again! / want
this to stop; and right here. 1t has gone
too far. 1t should never have come up
in this board. 1t is all wrong, a great
wrong. We are not sitting here to get
up schemes to defeat the will of the peo-
pie. The people selected their men,
made a charter, voted for it, and the
Legislature voted for it, and it is the
law, and we should let assault come from
the outside against it
The Mayor-Yes, and the Legislature
said too, that the charter should be
framed by freeholders, not by others
than
Mr.. White-But-
The Mayor-We are going to have the
meeting here, say next Saturday, is that
satisfactory? Then put it in-next Sat
urday forenoon. Call the roll
The roll was called on the adoption of
the resolution. Ayes-Green, Steinman;
nays-Conklin. And so the resolution
was adopted.