The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1898-06-24
THE LATE DUCKWoRTH LEGIs.
LATURE

The last legislature particularly distin-
guished itself for having done an amount
of botchwork beyond all precedent. The
developments thus far suggest the ques-
ton whether 1t enacted any law of conse-
quence, which can be effectively executed,
till its true meaning shall have been jul
dicially determined. A few cases may be
stated by way of illustration.
An act was passed on the subject of
granting franchises to corporations by
municipal governments and county
boards Of supervisors, changing and re-
pealing the then existing law. Suisse
quently an act was passed amending the
repealed law, which raises the question
whether it is a revival of that law or can
be continued as amendatory of the new
law. At any rate, it presents case of in
excusable heedlessness. But the worst
Of it is that, in providing for the sale of
franchise on bid to pay a percentage of
the gross receipts from the business each
year during the life of the franchise, diff
ficulties are encountered which should
have been foreseen, and the law should
have been so framed as to eliminate them.
The city and county authorities are so be-
fuddled by the law that they hardly know
how to deal with the difficulties, and
really see no proper way out of them,
except to postpone action until the legis-
lature changes and renders the law ex-
igible.
An amendment to the law on the
subject of voting bonds for sewers
and other necessary improvements
creates an ambiguity so serious that
good lawyers are uncertain whether
there is authority for submitting
such question to a vote of the people,
and consequently it is deemed wise to
take no action on such questions until
the legislature shall remove the doubt.
The Stratton primary election law un-
dertook to put the control of the primaries
in the hands of the irresponsible elements
by providing that citizen might be re-
quired to pledge himself to support the
ticket to be nominated by the conven-
ton composed of the delegates chosen at
the primaries, and an oath could be ex-
acted to that effect, and on refusal to
make such pledge or take such oath his
vote could be successfully challenged. 1t
is we'll understood that no honest and
self-respecting man would take such an
obligation, for it would bind him to sup
port candidates contrary to the dictates
Of his conscience. irresponsible and
and then keep it or not as they might
choose.
| 1t is we'll known, too, that there arc
pushes in all parties, and that they play
into the hands of each other, when one
of their ilk is on any ticket for an office
which has patronage or jobs to be dis
posed of. To say that the legislature in
tended to promote machine politics by the
Stratton law is justified by the principle
that man is presumed to intend what is
logical consequence of his act. If the
legislature did not intend to turn the
primaries over to the control of the ire
sponsible and corrupt, the members were
too ignorant or dull to be intrusted with
legislative authority. 1t was an act that
went so far as to add qualifications to the
right of suffrage beyond and in conflict
with those prescribed in the fundamental
law of the state. The state supreme
court in unanimous opinion Gone judge
not sitting in the case), declared the act
to be palpably and fagrantly unconsti-
tutional on several grounds.
The question is what were the judiciary
committees of the two houses doing that
they did not prevent the passage of such
ridiculous and unconstitutional legisla-
ton? Simpson of Pasadena, senator from
the Thirty-sixth district, was chairman of
the senate committee. He aspires to a
reelection. Judge Waymire Of Alameda
was chairman of the assembly committee
One thing was done, however, about
which there was no ambiguity, though it
was in fragrant disregard of the public
interests. Duckworth, the clerk of the
assembly, urged thereto by Republican
assemblymen, loaded his roll of en-
| ployes with double the necessary or lawful
number, and though the fact was not
controversial the assembly refused to de-
prive him Of his office by voting down a
resolution having that end in view.
Many of the members voted to sustain
him because they were particeps criminis.