Los Angeles herald., 1908-09-22

frame an entirely new charter to be
submitted at the following general
election" was Healy's solution of the
difficulty.
This would bring the new charter be-
fore the legislature for adoption six
years from this January. No member
of the council dignified Healys mo-
tion by a second.
At the meeting of the city council
week ago the city attorney was
asked to present an opinion on this
subject and also as to whether or not
the council had right to submit alter
nate amendments with the ones before
them.
Hewitt's Opinion
Mr.. Hewitt's opinion is that the coun-
ell has right to submit alternate
amendments, but he carefully defines
what shall be an alternate amendment.
In his opinion he says:
"An examination of proceedings in
this state for the adoption of charters
and for the adoption of amendments
thereto does not disclose any instance
in which, where amendments only
were proposed, any alternative propo-
sitions were submitted for the choice
of the voters. In several instances al
ternatives to certain sections of pro-
posed charters have been submitted,
but the procedure referred to in your
resolution has thus far never been in
voked in this state.
your resolution refers to certain
charter amendments now before the
council, and those proposed amend
ments are set forth in the petition OF
voters. Assuming that the petition pro-
posing the same has been signed by
the requisite number of qualified elect
ors, the question is, Has the council
power of it's own motion to propose an
alternative to any one of such amend
ments and to submit such alternative
for the choice of the voters ia the
same election with the charter amend
ments? The section of the constitution
we are considering is not now in the
same form as it was when originally
adopted. and a comparison of the.
changes through which a statute has
passed is often of great assistance in
determining its intent and its pres
ent application to a given state OF facts
where the express letter of the instru-
ment does not directly or In terms
cover the point.
"From 1879, when the constitution
was adopted, till 1902, a period of twen-
ty-three years, there was but one
method by which city charters could
be amended, namely, by amendments
proposed by the city council. Except
for variations in particulars not at all
essential to our present inquiry, sec,
ton s of the constitution, relating to
freeholders' charters, during the entire
period referred to provided that such
charters anight be amended by pro-
posals thereupon submitted by the leg
islative authority of the city, and that
in submitting such amendments any
alternative article or proposition might
be presented for the choice of the vot-
ers and might be voted upon separate
" without prejudice to Others There
fore for many years the proposal or
charter amendment was matter who'll
ly within the discretion of the coun-
Gil, and in submitting amendments II
could present an alternative to any
amendment that it proposed.
Change Made
"But in 1902 radical change was
made in this matter Of amending city
charters, and by amendment to the
constitution, adopted in that year, sec
tion s of article Xi was altered by the
introduction of another and wholly dis
tinct method Of proposing charter
amendments. The former scheme was
not discarded; it was retained in all
it's integrity, but as an additional plan
was provided by which upon the initia-
tive of the voters charter amendments
could be proposed. which, when pro-
posed, it was obligatory upon the coun-
ell to submit to the voters of the city
for their approval. The object of this
radical extension in the right to pro-
pose amendments to charters is OBJ
vious. 1t was designed to confer upon
the people themselves the power to
nropose amendments entirely indepen-
dent of the council and without any
participation therein whatever on its
part other than to submit the amend
ments proposed for the approval Of the
voters. The duty Of the council in the
premises was stated in language that
admits of no doubt and it was declared
that whenever a petition asking That
any proposed amendment or amend