The record-union., 1896-06-18
THE SPECIAL ELECTION.
Corporation Counsel JOhnSOn'S Opinion
Concerning It.
The People Will Have to Vote Also on
the Question of Issuing
Bonds.

Counsel Johnson's opinion in relation
TO the questions to be submitted to the
people of this city at the coming spe-
cial election, as given to the Board OF
Trustees last night:
To the Board of Trustees Of the City
Of Sacramento-Gentlem l herewith
submit to you two ordinances in rela-
zion to the special election you nave
heretofore resolved to hold. one Oh
these ordinances is drawn under Section
JOG Of the charter, which provides 1or
the ineurring of Indebtedness when the
funds are not in the treasury. lndept-
edneSs under this section of the charter
may be incurred, but shall be paid Tor
by the levy of a special tax and not py
the issuance of bonds.
The other ordinance is drawn under
the section of the charter relating TO
bonds. Tt is your province to deter
mine which ordinance shall be passed
and under what provision of the charter
The matter shall be submitted to the
people. OF course these two proVls-
ions of the charter that / refer TO are
each applicable more distinctly to the
three propositions last adopted by you,
TO wit: those relating to wharf, clear
water and the Folsom road.
The sewer proposition is submitted
to the people under another provision
OF the charter. / have found 1t neces-
sary. in preparing the sewer PROPOSE
tion for submission, to have the people
vote not only upon the question OF the
issuance of bonds and direct taxation,
but to vote also upon the question OF
the issuance of bonds alone. L nave
prepared the ordinance in this manner
so as to avoid two elections If IL
should happen that our citizens at the
special election should determine In
favor of bonds as against direct taxa
ton, yet unless the question OF bonds
alone was at that time determined,
do not believe the board would nave
power to issue bonds thereafter.
The provisions of the charter in ref
erence to the issue of bonds are man
datory. They provide that the notice
of election shall state the bonds TO De
raised, the time they shall run, the rate
of interest, and that the ballot shall
Rave printed distinctly, For the bonds,
yes" and For the bonds, no." 1t is
because of these provisions relating to
bonds that l have deemed it necessary
to submit in connection with the sewer
plan, not only the question of bonds and
direct taxation, but also the additional
vote upon the bonds alone
I am well aware that this will COM
plicate the ballots and render necessary
explanations to the voter, but under the
peculiar conditions that confront US In
our wonderful charter I deem it neceS-
sary to print the ballots as have ind1-
Gated in the ordinances. | am free TO
say to you that the provisions OF our
charter are such that it would take the
skill of the wisest Philadelphia lawyer
to unravel its mysteries, and to de
termine, without the intervention Of
court, the exact method Of procedure in
almost every given case After the
passage of either one Of these ordi-
nances by you, will Immediately pre-
pare a proclamation of election to be
submitted 10 the people.
I conclude that you have the right to
improve the Folsom road if you deter
mine it to be for the benefit of the city.
I had, and still have, some doubt as
to our right to submit so many propo-
sitions. This was because the charter
provides that each ordinance shall en-
brace in its title but one subject. I
have concluded, however, that the spe-
cial election is the subject indicated in
the title of the ordinance rather than
the various propositions to devoted on I
express to you, however. some doubt
upon this proposition.
1t is impossible to submit to the peo-
pie the question whether bonds shall
be issued, or direct tax levied, in rela-
tion to your three propositions about
wharf, road and wafer. Your board
must determine whether the matter be
submitted under Section JOG, when di-
rect taxation results, or under the chap
ter relating to bonds. This is why 1
send you two ordinances to choose
frcm.
Dated Sacramento, June 10, 1896.
Respectfully submitted,
HIRAM w. JOHNSON.