The San Francisco call., 1905-03-18

constitution Of this State, in the following par
i. It is a piece of local and special legis-
! lation. regulating the election Of county ofn-
! GERS and county business. and In providing
for the conducting of elections OF said coun-
ties
or obligation of certain persons TO said nnu-
8. It iegaiizes against said corporation the
unauthorized and invalid acts OF saio ooaru
and it's members.
4. II grants to certain individuals special
and exclusive rights. privileges and immuni-
s. II prescribes the powers and duties OF
officers in cities and counties.
general law providing FOR the election and
appointment and term OF office Of such board
wit: Section 1 OF chapter 1 Of article ~ Of
said charter and section 16 of article Xxx Of
the said constitution.
SPECIAL PRIVILEGE.
Z The provision for their election and
tinuation in office is special privilege not
conferred on all such boards, or all towns
and cities. or all officials Of the city and
county; but such privileges are denied such
other officials and boards.
8. It also violates section 13 OF article XI Of
gated to certain particular individuais power
to make. control. appropriate. supervise and
e with s1d ntn the money S5 Of
ments, and to perform municipal functions.
8. II violates section 5 Of article xI Of said
constitution in that the Legislature did not
fix the term Of office OF the members OF said
Board OF Trustees.
TO- The said members Of the said Board Of
legislation. or without an election or appoint
ment, pursuant to the general law.
IL. Although said charter expressly provides
section of chapter 1 of article Nv that its
officers shall be appointed by the Mayor OF
said city and county or the people, yet the
Legislature itself made the selection OF the
said pretending members OF said board.
H. Said Legislature delegated to the then
members of said board appointed the power
Of appointing their successors and the future
members of said board, without any interfer-
ence by election or appointment by the people
13 1t placed limit the term Of office
or power of members OF said board. except
their own discretion
OF the constitution In not providing that the
term Of office of the members OF said board
snI1id I II nV voates secton Of article XII Of said
constitution by extending the term OF the per-
sons constituting said board beyond the terms
for which they were elected or appointed
PRIVATE CORPORATION.
1s 1t creates a private corporation. or self
perpetuating body, and turns over to II. and
the members thereof. the property OF the said
city and county and the people thereof and
subjects said people and their property to con-
tinual taxation without any representation and
the proceeds thereof to be used by said indi-
troll by, or accounting to, the people therefor
II. The term Of office Of said board. or the
members Of said board. Is not provided for in
law and said term therefor. ended four years
after the adoption of said charter by the Leg
1903.
IS. II violates other provisions Of the con
stituton and general laws OF this State
Regarding the suit Daniel O'Connell,
attorney for the plaintiffs, said:
The only purpose the plaintiffs have Is to
prevent any violations OF the constitution. and
to test the ccnstitutonality of that part. and
for the appointment Of the present members
Of the board and their successors
In fact. that Is the only question IN the
case: whether the constitution of California
has been violated by the provision Of the State
charter contained in the second sentence OF
the first section OF chapter OF article VIII OF
the charter. which Is as follows:
The board OF trustees Of said library and
reading In office at the time this char
ter shall take effect. shall continue to con-
stitute the board OF trustees Of said public IL
therein shall BE- oiled by said board
II that is constitutional then that ends the
ease !. " ,hs Phie fiSrsry and M r..dnr
rooms hold their offices Illegally and have no
right to act therein
LAW COMPLIED WITH.
OF course. all the forms of law were strictly
complied with In passing and adopting the
charter so far the people and Legislature
were concerned. But that does not decide that
stitutlon is to prevent people from being the
victims of tyrany under the forms of law.
But to prevent them from being the victims
of tyranny does not necessarily mean that there
must be personal tyrant- For the people
may be TIE victims OF their own carslessness.
or deceit. confidence, well as being de-
ceived by others. and IL is to provide against
these consequences as much. IL not more than
the constitutions have been framed.
This is good proof OF the old saying: That
men will and have signed petitions for their
own execution without knowing it, and al
though this charter was published in news
papers for months. / venture to say that
there were few people who noticed this pro-
vision
The plaintiffs claim that 1t also violates the
constitution Of the United States and that
would give them the right to take the case
to the Supreme Court OF the United States,
but we do not think that will be necessary.
The case was assigned to Judge Heb
bard for hearing and he issued an or
der directing the respondents to appear
at IL a. m on March "a to show cause
why the prayer of the plaintiffs should
no. be granted.