The San Francisco call., 1896-02-26
THE NEW CHARTER
MAY Be INVALID,
Only One Board Of Super
viSors Is Provided
For.
THERE SHOULD BE TWO.
The Union for Practical Progress
Will Take the Matter
Up.
AGAINST THE CONSTITUTION.
John M. Reynolds Finds What He
Considers Fatal Defects in the
Instrument.

A defect which is believed by those who
have studied the matter to be a fatal one
has been discovered in the proposed
charter for the City aid County of San
Francisco which the Board of Freeholders.
elected on November 6, 1894, drafted dur
ing January, 1895.
One of the stanchest opponents of the
charter is John NJ. Reynolds of the Union
for Practical Progress, who has been study
ing the matter for months past. Recently
Mr.. Reynolds found, as he believes, that
the document is in direct conflict with
the constitution of the State, and, after
consultation with number of prominent
attorneys, he has laid the matter before
the organization which he represents.
II am free to state," said Mr.. Reyrolds
yesterday, ''that l am opposed to the
charter, because it puts too much power
in the hands of one man-the Mayor-and
1 have Deen looking for some defect in it
to prove that it is not the instrument that
Will best serve the interests of this City
81 am satisfied that have found it. The
constitution of this State provides that in
consolidated governments of cities and
100000, there shall be two Boards of SUPER
visors, or houses of legislation, of twelve
men each.
"See whether sections and of article
IL OF the constitution of California do not
bear me out. Section reads as follows:
City and county governments may be con-
solidated and merged into one municipal gov
ernment with one set of officers and may be
Incorporated under general laws providing for
the incorporation and organization of corpor-
ations for municipal purposes The provisions
OF this constitution applicable to cities, and
also those applicable TO counties, so far as not
inconsistent nor prohibited to cities, shall be
applicable TO such municipal government. In
consolidated city and county governments of
more than 100000 population there shall be
two Boards of Supervisors or houses of legisla-
tlon, one OF which, TO consist of twelve per-
sons, shall be elected by general ticket from
the city and county at large and shall hold of
flee for the term of four wears, but shall be so
CLASSIFIED that after the first election only six
shall be elected every two years; the other, to
consist OF twelve persons, shall be elected every
two years and shall hold Office for two years.
Any vacancy occurring in the Office of Super
visors, in either board, shall be filed by the
Mayor or other executive officer.
Sec. .. Any city containing population of
more than 100, 900 inhabitants NAV frame
charter for its own government 1consistent
with and subject to the constitution and laws
OF this State by causing q board of fifteen free
years qualified electors thereof, to be elected
by the qualified voters of said CITY at auy
general or special election, whose duty it shall
be, within ninety days after such election, to
prepare and propose charter for such city,
which shall be signed in duplicate by the
members of such board or majority of them
and returned, one copy to the Mayor thereof
or other chief executive officer of such CITY
and the other TO the Recorder of Deeds of the
county. Such proposed charter shall then be
published in two daily papers OF general cir
culation in such city for least twenty days
and within not less than thirty days after such
publication it shall be submitted to the ouali-
fed electors of such city at general or special
election, and, If ma ajority of sUch qualified
electors voting thereat shall ratify the same
it shall thereafter be submitted to the Legisla-
ture for its approval or rejection as a whole
withou power OF alteration or amendment.
"Thus, you see that two Boards of Super
visors are expressly provided for, and after
the Board of Freeholders has filed its re-
port there is no power given any one to
change the result of their delibera tions,
even the Legislature being prohibited from
SO doing.
Now, witness how the Freeholders
ignored the constitution and placed the
power of legislation in the hands of
single Board of Supervisors. Here is what
the charter says in its opening paragraphs
regarding the Supervisors:
ARTICLE III.
Legislative Department..
CHAPTER I.
OF THE SUPERVISORS.
Section 1. The legislative power of the City
and County of San Francisco shall be vested