The San Francisco call., 1898-12-11
How Oakland Can Be a Separate County.
GENERAL LAWS NECESSARY
MUST FIRST DIVIDE, THEN
 COME TOGETHER.
Legal Committee Reports on the Lengthy Process by Which the Desired End Can Be
 Obtained.
Oakland Office San Francisco Call

Oakland Office San Francisco Call 90S Broadway, Dec. To- There is no legal objection to the con- sohdatlon of the city and county govern ment and the separation of Oakland un- oer such government from the rest of the county, but there Is lot of work neces- sary to bring 1t about. The matter has been placed, before the Alameda delega- ton or Assemblymen and Senators and they. have been asked to push the neces- sary bill through the next Legislature. Nearly all the legislators have expressed the opinion that the matter is one that needs looking into, and that they are not satisfied that such a move is desired by a majority of the people of this city.
 Senator Stratton told the merchants that outside Of a resolution passed by the Board of Trade and Merchants Exchange and one individual whom he met on the ferry boat he had never heard any ref erence to the matter of dividing the coun- ty. He suggested that a mass-meeting be called at which citizens from all sections should be present and give their views 1 Only by such means, he said, could legis- lators know how to act intelligently.
 The matter was submitted to a legal committee, consisting of Attorneys John k. Glascock and Cary Howard, and they have presented a report in which they say that under certain conditions such a con- solidation as is desired may be legally
 
 want matter the report says:
 Under our constitution, article xxx, section B. 1t will be necessary to establish the line of the new county at least five miles distant from the the result of such division must not leave the old county with less than 5000 inhabitants; the new county must have at least 5000 inhabitants It Will. therefore, be necessary for you to de- termine or establish the line at which you propose to divide Alameda County, and to fix that line at least five miles east of the present boundary line Of the city of Oakland, and to ascertain if there will then remain in the old county 5000 inhabitants.
 eral law passed which must provide for every possible contingency.
 This is but half the difficulty. If after you have succeeded in divid- ing the county says the report, .'it shall be desired to merge and consolidate into one municipal government the city and 1t will be necessary to frame and procure the passage of another general law pro- of such governments in conformity with article XXI, section ', of the constitution which provides that city and county gov ernments may be merged and consoli- with one set of officers, and may be in corporated under the general laws provid- tion of corporations for municipal pur- poses.'
 In regard to new charter the commit tee reports:
 
 and county shall have been organized, 1t may not adopt a charter providing for its govern ment which can be offered to some succeeding Legislature and be made the controlling law Of the consolidated municipality:
 be adopted. and which you can also consider to accomplish this same end after the county with the city of Oakland.
 l The contiguous municipal corporations there
 in may under the general law now in force be however the county government still in force In the new county. which Is provided for by the previous act for county division all out lying territory not within of the municipal corporations may be annexed to the municipal corporation to which it lies contiguous under the general laws provided at present for the annexation of territory.
 Under the law providing for the consolida- tion of contiguous municipalities, each Of the municipalities sought to be consolidated must or 1t will fail to carry. In the case of annexa- tion there must be the statutory two-thirds sought to be annexed and in the municipality to which 1t is sought to annex 1t.
 Having by these means made the boundaries of the county and the city co-extensive, under a general law to be drafted for the purpose of the city and county governments into one municipal government. as heretofore outlined. This would seem to give complete scheme | for accomplishing your purpose; the practical question of the accomplishment of it is one that you are better able to judge of than we though we shall be glad to give you any infor- nation we have or the benefit of our judgment if you desire.
 IL Wuuiu uIuOuDteQly De better 10 nave the lower end of Alameda County apply for divis- ion, for the that the constitution pro- vdes hereinbefore Stated, that in a county division the new county formed must con- tain a population of not less than 5000. while | the county from which said county shall be carved shall contain a population of not less than 5000.
 This will make difference of 5000 in popula- ton in favor Of the initiation of proceedings | by the lower end of the county. and if 1t be | matter of doubt as to the population of the l lower end of the county, this 5000 difference l may become an important factor In the solu- | tion of the problem.