The morning call., 1894-10-05
THE REFERENDUM
1t Is Causing All Sorts of
Trouble.
A Fear That if Placed on the Ticket Ii
Will Invalidate the Election.
CresweII's Position.

II Supervisor Denman responds to the
expectations of the Election Commission
ers be will appear before that greatly wor-
ried body to-day and explain how his
referendum proposition about the water
works can be safely put on the ballots of
the coming general election without invali-
dating those ballots for all other purposes
The Election Commissioners will meet
this afternoon, and It's particular business
will be to decide what to do with the en-
barrassing business thrust upon il by the
Supervisors.
Mr.. Denman, it will be remem bered,
suddenly revived what il was thought lad
been put to its last sleep by the opinion of
City Attorney Creswell. to the effect that
the Supervisors had no right to submit an y
question al general election not desig-
mated by the Legislature. MIR. Denman
thought Mr.. Creswell had shot over the
mark and had not answered the question,
and at his motion tho Supervisors unani-
mously turned Mr.. Creswelrs opinion to
the wall and resolved that the question be
submitted at this election.
Now, the Election Commissioners, not
differing from Mr.. Denman in his desire
to feel The pulse of the public, still want
him to explain where the law is that will
permit them 10 do as the Supervisors have
ordered.
he intended 10 do about it, smiled and
said: Let them find the law themselves.
They have plenty of lawyers down there"
Mayor Ebert said in regard to it: The
question is, Will it invalidate the election
We are perfectly willing to put this Ques-
ton on the ballot as the first step toward
the city's owning the water works and Sc
an n "a Rnt Wi
doing invaiidate the election? We cannot
afford to take chances and must know
that we have the authority of the law"
City Attorney Creswell said: my
opinion covers the whole matter, of
course, aud says directly that the Super
visorS have no such power as they have
assumed. 1t is my province only to cite
the law, not to furnish people with under
standing: and if ii is not cOmprehended |
am not at fault. The law says elections
shall be held for such and such purposes,
and no other. When we then undertake
10 hold elections for some other it is con-
trary to law.
But Mr.. Denman says this is not an
election-merely a referendum. / know
of no place in the laws of California
where the referendum is provided for. If
Mr.. Denman does we want him to cite it.
Now" continued Mr.. Creswell, get
ting thoroughly interested, "the main
of this question on the ballots invalidate
the election? The only way that can be
determined is to get Judgment from the
courl. Although it is Inconsistent with
my opinion. | shall be perfectly willing to
assist the Supervisors in getting such
Judgment. 1t would require proceedings
in court, but have no doubt that they
could be Instituted and so FASTENED along
that we could secure it in time for the
printing of the ballots. 1 will DO all l can
to help Thorn, as L have no doubt all the
other members Of the Election Commission
will. or this | am certain. the Super
visors have shifted a responsibility upon
the Election Commission that they will
not assume.
But why go to all this trouble-to ask
a question that every man. woman and
child In the city Knows the answer to.
We all are in favor of the city owning its
own water-at least they all regret that
it was moi purchased fifteen years ago,
when 1t might have been bought at some
thing like its value. 1t is not so certain
that we want to pay what is asked for il
now, but that question can only be an
swered at an election especially called for
the purpose. Mr.. Denman's referendum
does not touch that. and with the returns
all in it would not be answered."