The San Francisco call., 1897-07-30
Mayor Phelan Gets the Post
Of Honor Amid Much
Enthusiasm.
OUTLINE OF THE WORK PROPOSED.
A Plan to Select the Freeholders by
a Special Election in
r. October.

= The campaign for a new municipal
charter opened last night when the COM
.n1ittee of.l00. appointed by Mayor Phelan
TO q raft the document and nominate a
board OF treeholders, was formally organ
i5ea... II u !. = ..
r III e work accom- plished consisted in the
election OF a permanent set OF officers and
fhe* adop tiion. Of programme for future
proceedings. This last involves the ap-
poiItment OF committees on twenty-on
different. sub jeets; who will proceed, as
SOON as the May OF makes the appoint
nlerlts, to the. work of formulating the
proposed charter for submission to the
9reeholders. -. l.. =: ~ -
Itis expected that. this work will be
completed by October Is, when it is pro-
posed to hold special election of free
holders; who will in turn be given six
& N ont hs to: complete the municipal con-
stitutlon, and by April Is. it is said, the
VI ccunaen nj Will be submitted TO the people
j for approval.
I: the Officers of the association as Sc
elected last night are: Mayor Phelan,
.pfesideni; F. w. Dohrmann, first vice
+ PRESIDENT. Hugh Craig, second vice-p presi-
dent: James Denman, third vice presi-
|'den I &: j. Richard Freud, secretary; l.
Cutie, treasurer.
II was nearly alf-past when Mayor
Phelan called. the meeting to order.
There. were com paratively few absentees
: oqt OF the 100 mem bers appointed By the
Mayor. Tie chair man lost no time, but
a once took. up the subject-matter to be
acted upon: Hs spoke as follows:
Gen tie mem: The Citizens Charter Associ-
ation,: IA, mass-m eetlng assembled, delegated
10 me the duty aof appointing a committee Of
.pue hundTed 10 draft the principles OF new
caRr5eE. and provide Tor the nomination of
Boarj1 o FTeeholde-s to give legal effect TO
IheiT .wOfk., the ouly instructions given con-
NeGniNg the mem bership OF this committee
we've Ihat they should represent dlHerent
shades oi opinion and be committed 10 the
wisdom. of the policy OF municipal home rule,
CIvl serve ca. reform. and economical manage
: uient 0i the citys affairs. Alter you have
CQmpley ed your work on these lines, and II
ynu see Itto nom male fifteen Freeholders, 1t
NH be necessary to get them upon the official
ballot by peliuon.- e
In order 10 inform YOU of the condition of
the lava fecting charters have prepared the
.{ollowliEg; stract which Will, no doubt, serve
. Ia GUIDE you in your. deliberations:
Section OF article XI of the constitution
ZJI0YidtS mai. ANY city containing a popula-
lEOp;ot moEe:thqu 800 inhabitants may frame
Arhhrterfor its own government consistent
VIII II. aIfQ. .SQDlecL lle CONSTITUTION ana idWS
OF this state" and that said charter so framed
by any.cjtn o. city. and county shall become
the organic. law. ereof and supersede any
extstIn (: charter and'a all amendments thereof
a nd all lsPeciall laws inconsistent with such
:cnGrter:". ln.1S92 this section amended
W striking ohl the word special"
- It.: VIII be observed that this section is am
biguouS, in that, by the first clause quoted, it
ut6yi es that charters must be consistent
with and. subject to the constitution and laws
. ofjhis Saate,' and further declares that, when
gf7a1 a z~i-fT
=. Charter and all amendments thereof ard sll
= Tvs incohststent wit such charter" AS be-
:. lore stated, prior TO 1892 the last clause
read. land .Rlf. special laws inconsistent with
; such char leT, " the section being amended by
=: 5 riki g~6ut the word special" The object
.et. this am meudment obviously was that every
. free holders charter sdould supersede and re-
:Ileai All laws, general and special, on the DIFF
: ftreflt subjects for which it might provide
and inconsas tent with il; but the courts have
Qt.giyea it this effect.
- Questions of conflict between charter pro-
visions ana general laws have arisen and been
: passed upon by the Supreme Court in several
=. Gases. in Hellman VS. SEoulters, l15 Cal,
1885, 15z, lhe-question arose as to whether the
method. OF publication OF a resolution of in
1ention prescribed by the general street law
(Vreomsn set) or that provided b. the char
Ter Of Los Angeles for ell resolutions and ordi-
q, ,nahees should govern, and it was held that
- An ordinance is also resolution or, at least
so far as this statute (Vrooman aet) is con-
cerned they are equivalent. The streetlaw
provides q complete scheme or procedure for
street work, and so far as IL goes governs The
Charter cannot make q different procedure by
recurring more or less. 0therwise there
would not be uniform operation OF the law
for all cities.of class. AS 10 publication the
street law expressly provides that no other
GhHfi. that prescribed therein) shall be neces-
-sary for The validity OF the procedure"
III some earlier decisions the clause of sec
tfon s OF article XI providing that charters
must be consistent with and subject 10 the
constitution and laws of the State, and the
clause Of section of the same article las it
then stood, that 'cities and towns heretofore
or hereafter organized, and all charters framed
OF adopted by authority OF this constitution,
shall be subject to and controlled by general
lays".were construed together and held 10
mean that every general law, whether in ex-
.jsteuce at the time Of the adoption OF the
charter or passed afterward, governed as TO
tie subject TO which it related, even though
iuconsistent with the charter. (See Kennedy
NE miller 81 Cal, 42S; Farrell VS.. Los An
geles. 81 Cak 6O3606: Davis VS.. Los Angeles,
So Cal, $40 and ex parte An You, ~ CAL,
1896 section was amended by inserting
after the clause land all charters framed or
adopted by authority of this constitution,
tie: words ""exeept in municipal affairs;
J kege words were construed by Judge Seaweu
IN the Fire Department case, now pending on
aFpesl to The Supreme Court, as limiting the
ctG+rSe Immediately preceding tnem, 10 VII,
''al4chArters framed or adopted by authority
OF thLs constitution" and not as restrlctlng
the:pewer OF the Legislature TO pass laws on
alLp1atteTs, municipal ana otherwise, anect-
fNB. cues ara towns Hei ieto.oiS ~ 49,
. org6nized " but which had not adopted Tree
holders charter and hence sustained as con-
stttutional the law raising the salaries OF Fire
Department officials in San Francisco. so lar
as the sacredness OF charters IS concerned,
and as both SIDES concede, this is SOUND inter
pre- tAtion But AS san Francisco has no cnar-
terit will be subject 10 interference by general
laws on all subjects until it adopts one. In case
Judge SeaweH is sustained by the supreme
Court.
How far a charter may go, therefore, In
providing for the different btects OF leglsla-
ton: within q municipality, as the constitu-
lion now stands, depends upon the construc-
ton TO be placed upon the phrase ''except IN
municipal affairs" IL may be fairly assumed
that the following general laws, passed since
the adoption of the new constitution and ap-
plcable to San Francisco, affect subjects that
Come within the category Of municipal affairs,
ana that they viii be superseded by charter