The San Francisco call., 1896-09-11

on credentials and mem bership, en- finance,
on press and publication, on meetings and
speakers, on law and legislation ana on
platforms, on parties and elections. The
committee on credentials reported favora-
bly, on delegates from several societies and
public bodies of San Francisco.
The report on press and publication was
to the effect that 10000 copies of the COM
pIete charter will be printed for free dis
tribution, and that 10000 additional copies
of the synopsis" have been printed in
pamphlet form and are now being distrIb-
uted free. As many as 5000 copies OF
James D. Phelan's essay and 5000 OF Post
master McCoppin's speech have been pub
lished.
A comparative pamphlet of the old and
the new laws will be issued to the number
of 70, 900. Other addresses on the subject
will be issued.
Several public meetings will be held as
part of the campaign work.
The committee on election reported that
formal request will be sent to the Board
of Election Commissioners for definite
answer to the resolutions adopted by the
association regarding election matters.
Edward R. Taylor, chairman of the law
and legislation committee reported as toi-
lows:
In regard to the question raised as to
whether there is sufficient provision IN the
proposed charter for the election Of officers
under it beg to say that l have reached the
conclusion that while the matter is not en-
tirely free from all doubt, yet the weight is
decidedly on the side of construction which
Will make the charter effective. This conclu-
sion is based upon the following considera-
tions 1t is q cardinal rule OF statutory con-
struction that the whole body of the statute
must be examined for the purpose OF dscer-
tanning its general scheme and intent, ana
that all contradictions therein must be so
reconciled as TO comport with that scheme and
intent Looking at the proposed charter un-
der the stress of this rule we are forced to the
conclusion that the scheme OF officers therein
set up embraces an elective and an appolntVe
one.
True, those to be appointed are specifically
mentioned, not only as to the fact of appoint
ment but as to the manner OF appointment,
while as to the remaining officers the charter
is silent, except section 26 of article XIV, page
210, wherein the charter provides for vacan-
cies as to offices made by the charter "elec-
tive" and also to officers holding offices made
"elective" by the charter holding their Offices
until the expiration of the terms for which
they were elected. This, however, shows be-
yond all question that the scheme is one OF
elective as we'll SIS OF appointive officers, and
this being so the courts are bound to presume
that those who are not to be appointed are to
be elected by the people. This is REINFORCED by
the provision in the schedule as 10 the first
election to be held for municipal officers under
the charter, which provision must necessarily
under the rule here invoked, be held TO apply
to all officers who can be brought under it;
and this necessarily includes only those who
are not to be appointed.
That the charter is ambiguous in the matter
here under discussion there can be little
doubt; but it is by reason of this very am
bigu1ty that construction is called upon to
perform its Office. 1t is never so called upon
where there is no ambiguity. In this latter
case the courts will never add to or subtract
from the statute in order to give it a different
meaning from that plainly set out; but where
the meaning is ambiguous or is obscure the
courts will even, in the interest of statutory
effectiveness, control the strict letter of the
law when such letter would lead to possible
contradiction or absurdity.