The record-union., 1895-02-09
THE PERIL OF LOCAL SELF-GOy-
ERNMENT.


The just demand for home rule in the
incorporated and chartered cities and
towns of California has so grown and is
now so emphatic that it cannot be re-
sisted. The San Francisco Bulletin is, to
our surprise, very sensible in its ex-
preston on this subject. 1t is true that
there is no safety in city development
while it remains possible for the Legisla-
ture to nullify the essential features of a
city charter by general law and thus
imperil investment.
Everyone remembers how Oakland set
up for itself a charter that had the ap-
proval of the Legislature as the Constitu-
country member, responding to the need
OF his constituency, introduced a bill
concerning some matter vital to South
ern California town. Special legislation
could not be had, SO the bill was made
general, and the result was that the vi
tality was knocked out OF the Oakland
charter, and that, too, without the legis-
lators intending to do anything of the
kind when they permitted the local bill
to pass.
If the Bulletin is sound in its conclu-
sions, and it seems to be, Sacramento
may at any moment find its charter null
lifted in its most essential features by
some new law demanded by the needs of
some other locality. Clearly the inten-
ton of the trainers of the Constitution
never went to this extent. By general
laws they meant those laws relating to
general State purposes; for instance,
those relating to felony, crimes and mis-
demeanors, probate matters, trusts, cor
porations, State revenues, roads aud
highways, land tenures, practice in the
courts, principles of law and the like
Just as clearly they intended to give
to cities and other communities local self
government in very broad sense. The
debates in the convention, which we have
been at pains to examine, leave no room
for doubt on this point.
1t would seem, therefore, that another
patch must be put upon the Constitution,
and the sooner the better. We must undo
the work OF last fall in adopting the alien
section, and when that necessary amend
ment is submitted it will be well to SUBJ
NIT with it another declaring that it is
not the intention of the Constitution to
undo local government grants made IN
der the Constitution itself by any gen.
eral legislation relating to Police Courts,
streets, sidewalks, fire departments,
water and light supplies, salaries, local
taxation, ETC.; also, that when a charter
has been approved by the Legislature
and is in harmony with the Constitution,
it shall not be affected or amended ex-
cept in the manner provided in the Con-
stitution itself for the amendment of
charters.
In this matter Oakland, Los Angeles,
San Jose, San Francisco, Alameda, Stock
ton, San Diego, Riverside, Fresno, Marys-
vile, and all other cities specially char
and work for the common purpose of
protecting the right of the people of cities
TO order their police and local matters as
they choose within the limits of charters
In harmony with the Constitution.
It might be well for the legislative dele
cations of those cities to meet informally
and call in the law officers and Mayors of
the cities and agree upon plan of action
and appeal to the Legislature. We are
convinced that the houses are not dis
posed unkindly in this matter. There
are sfew men who see in the opportunity
the law now gives chance to cinch
towns and cities and make them pay for
Immunity. But these fellows will not
dare to come into the open and do battle
against the just demand and petition of
the cities.
constitution patching is abhorrent. It
Is bad at best, but we have got ours into
such shape now that the best we
can do is to patch it, and perhaps after all
we are more easily able in that way to
whip the entire instrument into shape,
by correcting its errors as they develop
and reducing this charter of our liberties
to declaration of principles, and by tax
ing from it the character of code of
laws. a Constitution should not legis-
late. 1t should lay down broad princi-
pies, clearly and withoutany ambiguity,
and there stop, leaving details to the peo-
pie in their representative capacity in the
Legislature.
Mr.. HUDsoN's bill, A. B. 60, provides
that the Supervisors shall submit to the
vote OF the people the question of bonded