The San Francisco call., 1899-10-24
What Certain
Words
Really Mean.

pause a moment TO consider that this single
phrase forms the subject-matter OF amend
ment TO the constitution OF the state. The
relationship existing between a state and its
municipalities is so close that il may be said
every city ordinance and every State statute is
matter OF interest TO both state ana municipal
ity. 1t may be said that all State affairs are a
matter of substantial interest to the mu-
nicipalty, and that likewise all municipal af-
fairs a matter OF concern to the State.
Yet those interests are Identical and indirect,
and the meaning Of this phrase necessarily
takes a narrower scope Indeed, in the very
wording OF the constitutional provision itself
find that all matters Of legislation per
tanning 10 and bearing upon municipalities do
not come within tie significance OF the words
municipal affairs, as used in the cunstitu-
ticn mere glance at the provision demon
strates this fact. The constitution provides
that cities and towns, except 10 municipal
affairs" shall be subject 70 and controlled by
general laws 1t is here plainly indicated that
4 vast amount of legislation pertaining to
cities and towns does not come under the
classification Of municipal affairs.
For the purpose of getting at the true sig
nifcance OF these words there is no brighter
light to he shed upon them than s disclosed
by consideration of the reasons which moved
the Legislature 20 propose the amendment and
the people to adopt il. What the evil TO
be remedied? What the good to be gained
by this amendment? The answer is common
everyday history. It was to prevent existing
provisions OF charters from being frittered
away by general laws. which would repeal
these provisions by implication. 1t was to en-
able municipalities TO conduct their own bust
ness and control their own affairs to the fullest
acted upon the principle that the municipality
itself knew better what IL wanted and needed
than did the State at large. and to give that
municipality the exclusive privilege and right
to enact direct legislation which wGuld carry
and satisfy its wants and needs. These
are few Of the reasons which give
occasion for this concise but all-signifcant
amendment 10 section of article NI Of the
constitution Of the State. This amendment,
then, intended to give municipalities the
sole right to regulate. control and govern their
internal conduct independent of general laws;
and this internal regulation and control by
municipalities form those municipal affairs
spoken OF in the constitution.
Municipal affairs, as those words are used
in the oragnic law. refer to the internal busi
ternal business affairs of municipalities then ex
listing and those of municipalities to be here
after created that the constitutional amend
ment was framed to meet. There Is absolutely
no sound reason why Freeholders charters
should not be framed and ratified under gen
sons 20 be urged why the conduct and pro-
cedure of elections for the election of Free
holders and ratification Of charters should be
held under general laws No sound policy ex-
a subject-matter. AS far there has been
given light to see neither the Legislature
nor the people ever thought of such a thing as
the adoption of charters when they placed the
words municipal affairs in the organic law.
In defining the phrase county affairs the
court said in Hawkins Mayor ca ~ y 20.
County affairs are those relating to the county
in its organic and corporate capacity and in
Cluded within Its governmental or corporate
powers" Tested by this rule elections held 6
preliminary steps toward the creation of a
Freeholders' charter are not municipal af-
fairs.
The city and county Of San Francisco is :,
municipality. The municipal affairs of this