Los Angeles herald., 1909-08-31
SEES FLAW IN
GREATER CITY
ATTORNEY CLAIMS ALL LAWS
HAVE BEEN ANNULLED
NOT UPHELD IN CONTENTION BY
MEMBERS OF THE BAR
George Sanders in Police Court APP
peaIs to the Constitution for
Release of His
Client

If the contention of Attorney George
Sanders made yesterday in the case OF
II. L. Kimmell, arraigned in Police
Judge Frederickson' court on a charge
Of violating the automobile speed ordl-
nances, is sustained by the higher
courts, Los Angeles will find herself a
city without ordinances or police OF
sanitary regulations.
Attorney Sanders, who represented
Kimmell, contended that the special en-
abling act, by which Los Angeles and
San Pedro were consolidated into an
entirely new municipality, and the pro-
vision in the act that the new corpora
tion be governed by the laws of the
larger of the two merged cities could
not be binding, on account of a consti-
tutional provision that any municipal
ity may make it's own laws.
The state Legislature, he argues, in
inserting the governmental clause is
violating the constitution, which ex-
pressly forbids any legislative inhibi-
tion upon the government of cities
holding freeholders charters. The sec
ton of the enabling act cited by Mr.
Sanders is as follows:
Legislative Enabling Act
In the event that the one of such
municipal corporation so proposed
greater or greatest population, as
certained as hereinbefore provided,
shall be operating under a free
holders charter, such consolida-
ton shall be deemed to be COM
pleted, and such municipal corpora
tions shall be deemed to be consol-
idated into a NEW MUNICIPAL
CORPORATION upon the filing of
such original abstract in the office
80 .,1Ar 20 NrzAa R.-4-D
said; and thereupon said freehold
ers' charter shall. ipso facto, be
and become the charter of said con-
solidated municipal corporation,
which shall operate and be gov
erned as a new municipal corpora
ton in the name of and under such
freeholders' charter of the one of
such municipal corporations so con-
solidated having the greater or
greatest population, and the other
or others of the municipal corpora
tions so consolidated shall be ipso
facto dissolved and disincorporated,
and any freeholders charter there
of shall be deemed to be surren-
dered and annulled
And all ordinances of the one of
the municipal corporations consoli-
dated under the provisions of this
act having the greater or greatest
population shall, upon the compile
tion of such consolidation, ipso
facto have full force and effect in
and throughout the new CONSOLIDATE
ed municipal corporation.-Stat
and Amendments 1909-1907, pages
2S5-2S8.
Not Upheld by Bar
The constitutional provision cited Is
taken from section II, article II, of the
state constitution. 1t Is as follows:
Any city may make and enforce
within its limits all such local po-
lice, sanitary legislation as are not
in conflict with general laws.
Local attorneys who have followed
the consolidation of San Pedro and
Los Angeles closely declare that At
torney Sanders has little or nc
grounds upon which to base his argu-
ment.
"The fact that Los Angeles holds q
freeholders' charter invhlidates the
whole argument" said A. p. Fleming
secretary Of the Los Angeles consoli-
dation committee, last night. "There
are in the enabling act provisions for
two kinds of consolidation. One OF
these is where one of the cities has a
freeholders' charter. Under the pro-
vision relating to the union of cities OF
this class the act is clearly within the
limit of its powers in making the old
city ordinances effective"
Joseph Scott pointed out that in vot-
ing for consolidation the citizens Of the
two municipalities had accepted the
provisions of the act as to manner OF
government, thereby virtually making
their own laws.