The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1895-02-25

publish short letters from correspondents on
topics OF interest to the general pubic Inc
matter in these communications VIII De IN
derstood to represent only the views of the
writer's All communications must DE accom-
panied by the name of the writer, noG Ior
publication unless SO DESIRED OUT as d Z utlIsn
See OF good 1aith.-EDs.
ssSubiect to General Laws"
EDS. RECORD UNION: During the last
two or three years good deal has appeared
in the newspaper press touching the rela-
ton between municipal corporations and
the State, which shows, think, very
inadequate conception of that relation.
The one-sided view heretofore ex-
pressed seems TO have been that the con-
stitutioual provision that municipal ordi-
pances shall be subject to general laws"
should be Immediately stricken out, and
nothing OH the subject put in It's place.
Have those who advocate that doctrine
ever stopped to think what position IL
would leave US in?-that it would make
every municipality, whether petty or
powerful, an independent law-maker,
and take away from the people of Cali
fornia their sovereignty? And does any
one suppose that the people OF the State
will thus surrender that sovereignty?
No doubt it would be well for town or
city to have control over those purely
welfare, or the principles, or the patriot
ism, or the moral convictions and senti-
mentS of the whole people of the State
But any proposed constitutional amend
ment to that end should definitely de-
clare and carefully limit the powers
which are to be irrevocably taken away
from the people of the State and given
exclusively to municipality, or else the
people, when their attention is called to
the subject, will surely, as they ought to,
defeat it.
The people of the State, as citizens of
California, have certain rights and re-
sponsibilities which extend over her
--vhole territory, and it is difficult to say
subjects of legislation are so purely
lat the whole people can safely nb
their power over them. In many
cts the character and welfare of the
might be seriously impaired by the
OF a small number OF her citizens
der municipal power. OF course,
said generally that such mat
,eots, sidewalks, awnings, lights,
.wers, protection from fire and
binary police regulations should
local control. But to what eX-
Juld a municipality be allowed to
, regulations apparently local which,
act, affect all the people? If small
tIty or town should, under temporary
excitement, pass an ordinance which
grossly violates the sense OF justice and
curtails the rights of all the other people,
must ii be endured on the plea OF local
sovereignty? suppose that nine-tenths
OF the whole people are in favor (as they
no doubt are of public travel on Sunday,
should city to or through which lines OF
water or railway communications go be
allowed by local regulation to break up
such travel on Sunday? Suppose the
moral sense OF all the people to be OPP
posed to the establishment of lottery
within tie State. should a city or town,
nevertheless, be allowed to establish one?
aSome temporary evils have suggested TO a
SSw the'eNpedient of reviving the whip
ping post as a punishment for crime.
L do not propose 10 say whether it
would be right or wrong TO do so. But
suppose (as may possibly be the case
that nine-tenths of the whole people con-
siuer such punishment as relic of the
cruelty OF barDarlsm, and that lasting
dishonor and disgrace would be brought
upon the fair fame OF the State ii such
punishment should be inflicted anywhere
within her borders. should she be power
!: less TO remove such supposed stain from
her reputation? Should city or county
nave power to establish pOlygamy? Num-
berless other instances could be given
10 illustrate how cautiously The people of
the State should loosen their hold upon
The reIns OF sovereign power. II there
-tWere no provision in the Constitution
ItdkiLS uDlcl DdilLleS SUBJECT 10 gen
NraI laws" where would be the limits of
Iheir power? Upon what grounds could
Courts undertake to limit them, in any
respect, If there were no laws" to which
they were subject? Would they not be
Independent sovereignties, and would
rot the autonomy OF the State be de-
strOyed? / make these remarks merely
to draw attention to the distnction-diffi-
c5lt TO deune-butween what is really
local and what Is general, so that there
nhy be just conception OF the true rela-
tIen between the State and her subordl-
% municipalities. 1t seems to be clear
the constitutional provision making
tier subject TO general laws cannot
ely abrogated, and that if changed
ust be by careful enumerations
tic things as to which the State
9 her sovereign authority.
said that the evils supposed
rom the clause ''subiec 10
have been grossly exag-
aust be remember that
sent Constitution there cam
al law affecting one munich
All laws must be general,
III municipalities alike, and ii
lse law be passed, all the people
ested n its repeal. From certain
ms in part of the public press
Id suppose that the Legislature
ears been continuously and IN
ly engaged in passing general
he purpose of Interfering with
fairs of San Francisco. But
The fact Nearly all the feel
) been so lndustriously culti-
3 subject has been based upon
law, namely, the Vrooman
Ana it has not even been
any previous street law in
Ilsco was as good as the Nroo-
But, of course, there might be
tional amendment allowing
lsco to have supreme power
streets-taking the chances Of
ming better Tor worse) street
ne one now in force. No doubt,
stated, many other things
n III be left to local control; but we
may IS well understand now that the
people of the State will never consent
TO place municipal corporations entirely
beyond the control of general laws.
y CALIFORNIAN.
The People Versus the Lawyers.
EDS. RECORD UNION: 1.-THE shyster
class Of legal practitioners thrives on the
delays and uncertainties of the law Incl
dent to existing methods of procedure"
There is no graver question confront
ing the people to-day than that of the intel
hgent and honest administration of the
law. The evidence of this fact is to all
abundant in the multiplying instances of
iawless disorder with which both the civil
and criminal courts are called upon to
deal.
"Lynchings are mainly due to two
causes; first, because the laws against
crime are not speedily and impartially
enforced; and second, a sort of craze has
fallen upon men,"
The law, as now administered affords
so many loopholes OF escape for the GRIM