The San Francisco call., 1899-01-28
HAS THE NEW
CHARTER GONE
INTO EFFECT 2
Tax Collector Asks
the Question.
RAISES A FINE LEGAL POINT
CLAUSE IN THE CONSTITUTION
BEARING ON THE CASE.
Mayor Phelan Atirms That the Char
ter, Approved by the Legisla-
ture, Fixes the Date on
January Next.
RAISES A FINE LEGAL POINT
CLAUSE IN THE CONSTITUTION
BEARING ON THE CASE.

Has the new charter already gone into
effect?
This startling question was raised by
Tax Collector Sheehan yesterday at a
meeting of the Finance Committee of the
Board of Supervisors. The subjoined let
ter started the discussion, the outcome of
which means so much to the persons hold
ing office under the present administra-
ton. The letter reads:
Office of Edward l. Sheehan, City and
County Tax Collector.
SAN FRANCISCO, Jan. 25, 1899.
To the Honorable the Board Of Supervi-
sors-Gentlemen: Owing to the insufficient
appropriation made by the late Board of
Supervisors for the maintenance of the
Tax Collectors office, am obliged to petit
propriaton, amounting to s12, 600. 1 also ask
for an appropriation sufficient to conduct
the new charter, as 1 am advised by my
attorney that said charter took effect upon
its approval by both branches of the Leg
islature. See State constitution. section s.
article XI. Yours respectfully,
EDWARD I. SHEEHAN, Tax Collector.
The constitutional enactment, upon
which the Tax Collector bases his claim
that the charter is already in force, is:
Any city containing population of more
than three thousand five hundred inhabi-
tants may form a charter for it's gov
ernment, consistent with and subject to the
constitution and laws of this State, by
shall have been for at least five years quail
fed electors thereof, to be elected by the
qualified voters of said city at any general
or special election, whose duty it shall be
within ninety days after such election to
prepare and propose a charter for such
city. 1t shall be submitted to
the qualified electors of said city at q gen.
eral or special election, and II a majority
of such qualified electors voting thereat
shall .ratify the same, it shall thereafter be
submitted to the Legislature for its ap-
proval rejection as a whole. without
power of alteration amendment
Such approval may be made by concurrent
resolution, and If approved by majority
vote of the members elected to each house,
IT SHALL BECOME THE CHARTER OF
SUCH CITY, or If such city be consolidated
with a county, then of such city and
county, and shall become the organic law
charter thereby repealed.
Mayor Phelan said, when asked for his
Interpretation of the matter: THE char
ter approved by the Legislature was the
charter of the Freeholders. 1t expressly
states that it goes into effect on January
l next. The Legislature by approving
the charter submitted to 1t fixed the date.
Any contention otherwise will not hold. "
The clause in the charter fixing the date
reads in part as follows:
. eff the Legislature shall ap-
prove the same il shall take effect and be
in force, except hereinafter otherwise pro-
vided, on and after the hour of noon on
the first day of January, in the
year 1900, and shall thereupon be-
come the charter and organic law
of the city and county of San Fran