The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1896-01-26
INTELLIGENT REFORM.

In the frequency with which the Su-
preme and Superior courts OF California
have felt constrained to declare uncon-
stitutional recent legislation having the
reform OF various evils for its object there
lies a lesson to reformers and other good
intending persons which they would do
well to heed. The vice which the courts
have with increasing clearness and en-
phasis pointed out in such enactments is
that they are special and local legislation
upon subjects concerning which the con-
stitution expressly inhibits special ana
local laws.
The recent decision against the validity
of the statute creating new Board of
Election Commissioners for San Francisco
is good example of this forbidden form
of legislation, and the primary election
law bids fair to furnish another and even
better one. Both are supposed to be the
offspring of reformerS and the petted
children of virtuous citizens whose sole
ambition was for the public veal. In both it
was undertaken to frame regulations in the
method of exercising the elective franchise
which should be confined in their opera
ton to limited portion of the people of
the State. One of these laws has air eady
failed because of this limitation upon the
sphere of its operation, and the other one
is in danger of an equal fate. 1t seems to
be a most timely suggestion to make to re-
formers that they consider the cause of
these failures in its full magnitude before
they again attempt legislation which may
founder upon similar shoals.
The constitution of California declares
that laws OF a general nature shall have a
uniform operation Throughout the State.
1t also provides that the Legislature must
not pass local laws, or special laws for the
regulation of elections, or appointment of
election officers, cor in any other case when
a general law may be made applica-
bic" The Federal constitution expressly
prohibits both the general and the
State governments from enacting any
thing which, in its effect, denies to the
citizen equal protection of the laws"
This latter phrase most eminent jurist
has construed to mean nothing more or
less than the protection of equal laws"
This idea, so stated, will be seen to en-
brace within its meaning what has been
set forth more in detail in our State con-
stitution, and to embody great principle
of liberty which no legislation, even
though it be robed in the spotless mantle
of reform. ought to be permitted to in
wade.
The last two Legislatures which have
convened in California have been more
than usually earnest in their effort to
promote reforms of various sorts in State
and local affairs. That this is most COM
mendable trait in legislators no one will
question, nor will any nest-minded
person be disposed to criticize the ami
mus of those who by united action
impel lawmakers to attempt reforms.
The next Legislature will doubt
less receive from the constantly
ouickening moral pulses of our people
many suggestions of most salutary laws
for the correction of those evils which
have been vainly assailed by void enact
ments. 1t is most sincerely to be
hoped, and most devoutly desired,
that those who next essay to re-
form rampant evils in our social
and political systems will find time, at
least, occas ionally, in the pauses OF their
pious projects, to glance at the constitu-
ton and reason out the depth of mean
ing therein OF those canons of liberty
which forbid special legislation, and guar
antee alike to citizens and to sections
''the protection of equal laws