The morning call., 1894-12-28
FREEHOLDERs Go TO COURT.
San Diego Has Been Through
the Trouble.
A WARNING To SAN FRANCISCO
The Board VIII Begin Work and So
Avoid the Loss of Time if
Sustained.

to dispose of doubt in regard to them
selves at the outset.
This decision was taken against the ear
nest opposition of Mr.. Marye, who urged
that if the board was serious in its purpose
to frame new charter for the city, it was
the part of sensible men to 90 ahead and
frame the charter and not to anticipate
opposition but meet it when it developed.
But after long argument resolution
was passed, introduced by Mr.. Menzies.
instructing Mr.. Clement and Mr.. Gibson
of the committee appoin ted at recent
meeting to 60 before the Supreme Court
and test the questions of their qualifica-
ti0n to carry out the purpose for which
they were elected.
MIR. Clement said he had prepared the
writ of quo warranto, and that with the
authority of the board he could secure
some patriotic lawyer to do the business
without charge.
There were only ten members of the
board present. and the temper of the
majority seemed at first to be IN line with
the position held by Marye-that it would
be folly to needlessly raise the question
while IL was possible to complete tie
work and have 1t legally approved.
But Mr.. Clement presented decision
Of the Supreme Court on just such a diff
Guilty. which arose in San Diego. . 10
that time 1t seemed to be the opinion of
the board that if the work was completed
and approved, and the life of the board
went out by the expiration of its ninety
days lease prescribed by law without its
right to do business having been ques-
| toned, then its work would stand.
But the San Diego case. the opinion in
which was read by Mr.. Clement, changed
all that. 1t seemed to cover all their diff
Guilty. The charter had been framed, APP
proved by the people and the Legislature,
and Mayor and other offices elected un-
der it. Then the whole thing was chal-
enged in a suit by the people against the
| Mayor, charging him with usurp!ng office
TO which he had not been legally elected,
and fferlng a number OF technical short
comingS In the process of evolving the
charter. such as that certain of the cit-
Zens affected had not been permitted to
vote: that copy of the completed charter
had not been forwarded to the Mayor, etc.
The counsel for the Mayor had quoted
endless authorities TO the effect that the
duties Of the board having been performed
in all essential requirements the work
c0uld not be Overthrown upon such tech
nicalities. But the court held that under
the provisions of an act of the LEGISLATURE
the answer wouli hold, but the methods
OF framing charter were prescribed by
the constitution, which Is mandatory the
mode being the measure of the power
vested in the board. $50 that when the
constitution says there shall be fifteen
members of the board there is no evasion
of that condition" said Mr.. Clement
Still he thought it possibe that the Su-
pTeme Court might rule favorably to this
board. as the San Diego decision Lad left
lOophole, Ior instance In saying that
certain one objection upon which the
prosecution had laid stress would not
alone have overthrow the whole. "We
will be puncillous in observing all the con-
dltlons laid down If we are permitted to
proceed" concluded Dir. Clement.
Mr.. Marye. as stated thought it was
foolhardy 10 put the question to the Su-
preme Court. as 1t was certain to his mnd
TO result IN decision declaring the board
illegal. He favored going ahead and TAX
| ing chances.
Mr. Gibson thought that inasmueh as
the San Diego case had shown that the
charter could be attacked at any time it
would be reckless to proceed as the legal
ity OF the board itself was fundamental in
its nature and it was the part of dlscre.
ton to have it established at once.
Mr.. Boyd agreed that the board was
in much worse plight than he bad sup
posed.
Chairman Britain was of the opinion
that the shadow of false step taken now
would follow them before the people. up
to the Legislature, and would hang over
the charter Indefinitely. The legality of
| the body must be known or its work would
not avail.
Mr.. Hecht suggested that the board 90
ahead and frame charter and present it
to the Legislature to be passed in regular
form according To the other method of
making charters prescribed, but Mr.. Glib
son argued that the Legislature would not
pass it as framed, but would load it with
riders that would make it more burden
some than the charter we have.
I'VE are not going to make a charter
that the Legislature would pass" said Mr..
Boyd.
So Nj. MenZies' resolution was adopted.
but the board agreed to meet and forward
It's work as much as possible while the
matter was being tested in court, so as to
suffer no loss of time.
A call was issued for ali members to
meet at the Chamber of Commerce. thjs
afternoon, at 8 O'Clock.