The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1898-08-24
DETECTIVE STATUTE
PREVENTS THE ABOLISHMENT
OF OFFICES
OPINION RENDERED LONG AGO
By the City Attorney-Conditions
Have Changed in No Particular
Since-Police Commission

S,rce-po,;c. coromise;or
Three years apo the question of doing
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assesSoi "os '"e "a 'o e'
agitation. Tne proposition was the same
as the one now before council, by which 1t
is sought to have the county assessor and
tax COLLECTOR attend also to the duties of
the two citv offcials In question. The peo-
nle wanted such a thing ACCOMPLISHED and
all were agreed that It would be a great
saving To the citv. But no law could be
found which authorized the making of
such a change. or the imposing OF the addt-
t1onal d,rt4es on the county officials. There
fore The onlv method of attaining the de-
sired result was to secure the enactment of
the necessary law.
In March. 1895. what was supposed 10
he the proper statute was enacted and
preparations for the change were in course
Of making when as a matter of precaution
the city attorney made a careful examina-
lion of the statute under which thew were
proceeding and. very much to the chagrin
of the promulrators, of the movement. on
October "a. 1895. he submitted to council
the following opinion:
In the matter of abolishing the offices
Of city tax collector and CITY assessor.
I have made a careful examination of
the law under which the proposed
change was to be made. and am of the
opinion that the act is unconstitutional:
and that in addition 10 being unconsti-
tutional II contains several provisions
and ornits some necessities First the
act provides that II shall have no force
in any individuality unless the lerisla-
tive branch of the runicinalitv shall
elect to take advantage of n. In short.
the act places In the CITY council a
power which the constitution clearly
gives To the legislature exclusively. and
which the legislature cannot delepat.
"a anv other bodv.
This act gives "a the cttv counci, tho
mower 10 abolish ofacers VIM have heen
elected under a charter created NADER
the constitution Of the state. and were
the act 10 be taken advantage AZ NV the
council. thew would he exercis,np, the
mower NJ inros,ny addittonai duties
and RESPONSIBILITIES upon the county
tax collector and county assessor which
is a right reserved 70 the 1ep,s,atu
alone There are other reasons in NV
opinion. whv the act Is ,ncons Institution.
al. but this one seems conclusive.
The act provides for the collection of
all citv taxes nv the county tax co,.
,ector. These tares would amount ~
something Nike $500. 900 a wear. and II
will be seen that no provision ia made
for the giving Of a bond NV The county
tax collector. and under the act he
could not he compeI,ed n nav
over the collections made nv hin, n
the city treasurer until the whole as
sessment was collected. There are other
omissions In the act. and MANY Of its
provisions will be found very daff1cult IA
recomcile with .hs general scheme ~
government laid down In our civ char
ter. Under ordinary circumstances
should not consider It within the nrov.
tnce of the CITY attorney or the CITY
council TO PASS uror the constitut,on.
atty Of acts of tire legislature. hut IN
this particular instance. should We pro-
coed to abolish these offices under the
act and a determination of court should
not be reached at an earlv date tha
whole tax lew for next wear might
For this reason I have felt IT NV dutv
to make a careful examination ri the
matter and report to Won NV conclusions
The matter IS of 40 great ,mnortance
to the city that I have nrocured the
opinion Of some of the best ATTORNEYS in
the state. and these opin,ons concur in
findirr the act unconstitutional 7
have in my office the written opinion of
Hon. !. s. CHAPMAN. which is omen IN
the inspection Of anyone who desires
to examine It. have written for the
opinton of the attorney general and
lawyer connected with his office in
forms me that they have also found the
get unconstitutional
1t Is but proper to saw here that the
results attempted to be arrived at nv
this act would undoubtedly result IN a
great saving to the city as well as
great convenience TO the neon,e and
would advise that the council mt The
matter into the hands Of q COMMITTEES
to prepare the necessary change eithsr
bv wav of amendment to the charter
or by general act of the legislature
Such an act Of the legislature should
be made general in it's character andso
framed as to apnlv To all cities of Tho
state. or at least TO a II cities of the sa,ra
class: should he certain in its terms and
not leave to the discretion of the city
council whether or MT its nrov,s,ons
shall he carried into effect AsThovo
stated before. II is mt the nrovincs ~