Los Angeles herald., 1905-04-06

Il
end of his term.
First Decision on Recall
The constitutlonality of the recall act
has never been passed upon by the
supreme court of California as court
the case decided yesterday being the
first of its kind to come before that
tribunal, and the decision hinged upon
the fact that the names upon the petit
tion for recall were not upon the great
register The fact that every member
of the supreme bench assumed that
the amendment is constitutional is
considered by Chief Justice Beatty
proof of the validity of the measure,
aside from his own opinion on the sub
ject.
Chief Justice Beatty in his dissent
ing opinion takes the ground that
government should and can be con-
Quoted under the same methods em-
ployed in priqvate corporations, declar-
ing that the people are the directors
and can for good cause dismiss from
their service any officer who has not
been faithful to their interests.
According to this jurist the voters
need not wait for the next regular elec-
ton. They have the constitutional
right under the charter of Los An-
geles, to act when they feel that action
is demanded for the public good. He
takes the ground that when the other
Judges of the supreme bench assume,
and thereby give as their opinion that
the recall is valid and constitutional,
they contradict their action in deciding
in favor Of Davenport. The chief JUS
tice takes the spirit of the law for the
base of his opinion, while the remain
ing judges use the Latter and decide
on a technicality in favor of the de-
posed public official.
Los Angeles Alone Uses Recall
Los Angeles is the only city in the
United States whose charter contains
the recall provision which allows the
citizens to vote out of office undesir-
able or unfaithful city officials and
the opinion of the chief justice and the
assumption Of the associate justices
when giving their opinions that the re-
call amendment to the city charter of
Los Angeles Is constitutional, will be
welcome news to many of the citizens
of Los Angeles.
In the discussion in the supreme
court following the decision of the case
in hand the opinion was expressed that
many California cities will now en-
deavor to have the initiative, referen-
dunn and recall affixed to their respec-
tive charters The initiative and refer
endum have been in use in Massachu-
sets and Oregon, and have stood the
tests of the courts in these states but
the case just decided is the first recall
case to be argued before the supreme
court of any state in the union.
City Attorneys Views
City Attorney Mathews said last
night, after hasty perusal of the de-
cision:
1.-The decision is based entirely upon
the technical questions involved in the
manner in which the recall election was
are not treated of. 1 have not yet had
time to thoroughly examine the opin-
ions of the judges, but from a hasty
examination I find that the constitu-
tionality of the recall was assumed by
all of the judges The ruling was made
on the fact that some of the names
on the petition were not on the great
register, even though they were le-
gally registered voters.
1.-THE points touched on are interest
portant, despite the fact that it throws
no light upon the leading issues. AS
these issues were entirely overlooked
the decision does not affect the anti
saloon movement now being agitated."
When told of the decision of the SUI
preme court by a Herald reporter ex-
Councilman Davenport of the Sixth
ward was much pleased and said:
"They were kind to me and / am thank
full for the decision. 1t came rather
late in the day, too late for me to take
my seat again in the council. still 1t
is comfort to me. and in a measure
vindication, 1 think"
Both Draw Salaries
AS Houghton performed the duties of
a councilman during Davenport;s unex-
pired term, city officials hold he was
entitled to the salary pertaining to the
position
Davenport, not having been recalled,
as was supposed, was legally council
man until January 1905. and as such
must receive pay until his term ex-
pired.
The sixth ward thus enjoys the uni
que distinction of having two council |
men at one and the same time.