The herald., 1896-08-04
LONG BEACH
Still struggling With the Disincorporation
Questlon-Body Found

oein struggling win the DfSincorporatlon
Questlon-Body Found
LONG BEACH, Aug. 3.-When the
board of city trustees met to canvass
the votes that were cast last Monday
on the proposition of disincorporation
protest. was presented by Attorney
w. ID. Kendrick, who appeared for the
protestants and alleged that the election
just held was unconstitutional. The pro-
test was as follows:
TO the Honorable Board of Trustees of
the City of Long Beach:
Inc undersigned, taxpayers and cleo
tors or the city of Long Beach, Los An
geies county, California, respectfully
ana earnestly protest against the cam
Vasslng of the votes of the election held
on July u, 1896, in said city of Long
Beach for the purpose of determining
the question as to whether or not said
city should disincorporate, and further
protest against your honorable board
proceeding in any respect pursuant to
the act of the legislature of the state Of
California entitled, AN act to provide
Tor the disincorporation of municipal
corporations of the sixth class. an
proved March rs, 1896"
The grounds on which we so protest
are. in brief as follows:
flrst-that the said act is unconsti-
tutional and void in this to wit:
1t contravenes subdivisions IL, 10 and
80 of section %, article 4, of the consti-
tuition OF the state of California.
1t contravenes section 10 of article
OF the constitution of the state of Cali
fornia in this that it deprives the said
city or Long Beach and the taxpayers
thereon of property without due process
of law.
Second-That said election was void
for the reason that your honorable body
had no jurisdiction to order the said
election and for the further reason that
no notice was ever given by you as a
board or otherwise as required by the
said act above referred to. Respectfully
submitted: G. w. March, j. A Teal, W.
l.. Stevens, N. r. Knox, w. d. Brown.
M. j. Shaul, DR.. j. w. Elliot. w. L. Cuth-
bert, T.. F. Henderson, Elmer Bacon.
G. w. Covert, Eli Graves, c. j. Walker.
N. A. Albriktson, w. II. Schilling, j. N
Shafer. r. j. Craig, S. Townsend, j. c.
Alair.
The board, after listening to argument.
decided on motion made by Trustee
Schiliug. seconded by Trustee Casa
boon, that on the strength of this petit
! ton the board refuses to canvass the
ballots. Ayes, Almind. Casaboon, Schil-
ling. Noes, Dunn, DEMO.
The whole proceeding thus far is more
for the purpose of getting the case in
court and testing the constutionality of
the act under which the election was
held and which is set forth above in the
protest. But this action will also COM
pei the advocates of disincorporation
to apply for writ of mandate to COM
pei the trustees to canvass the votes
and this will bring the case to court
where the question Of the constitutional
ity of the act can be judicially passed
upon
There is another question which
arises to complicate the situation and
that is the board of trustees must on
the first Monday after the election meet
and canvass the votes which in the light
of the above has not been done.
The body of Jasper Gee, the man who
was drowned while bathing west of the
old wharf. a week ago last Sunday, was
found this afternoon just across the
river, about one mile west of the place
where he was drowned. An inquest will
be held tomorrow.