Imperial Valley press., 1913-02-24

In This issue of the Press appears
resolution declaring the intention of
Ell Centro to have municipal water
works constructed. the estimated cost
of which is $4,000. This is prelm-
bonds in that amount. The proposed
SoO,0 issue is not in addition to the
$4,000 issue voted last summer. but
is in lieu thereof.
The proceedings for the $4,000 is
sue, like all other water bonds issued
IN lmperi Il valley, provided for acquir-
ing "Stoc ( in other corporations" (that
is. water stock, necessary to the wa
ter system. Certain prospective pur-
chaserS required an opinion from the
firm of OMelveny, Stevens and Milli-
ken of Los Angeles, approving the pro-
animation of a transcript of the pro-
ceedings, a member of this firm wrote
an opinion raising constitutional queS-
ton as to right of the city to acquire
stock in other corporations (waler
stock at all, the writer of the opinion
saying: I'VE entertain grave doubts
whether city of the sixth class has
power to become a stocknolder in any
private corporation in any manner
Whatsoever And Notwithstanding the
same firm has heretofore approved four
other water bond issues in imperial
valley containing this identical prOvi-
sion, the writer of The opinion now
holds that by reason of such provision
the validity of the bonds is question
able.
In view of this opinion and of the
fact that practically all investors in mII-
Dicipal bonds in Southern California
have them passed upon by O'Melveny,
ha firms
concluded that the surest way 10 get
the money at the earliest possible date
for extending the municipal water Sys-
TEN is by submitting to the voters the
proposition of new bond issue omit
ing from the proceedings the provision
for acquiring water stock. The con-
siitutional question above mentioned is
discussed at some length in a letter
from the city attorney of Ell CentrO to
the firm of O'Melveny. Stevens and Mil
liken. which letter is as follows:
February I. 1913.
MeSSrS. O'Melveny, Stevens and Mil
liken, attorneys at law, Title Insurance
Building. Los Angeles. Cal.-Gentle-
men: Through the courtesy Of Mr..
Mcneil of your firm | am permitted
to offer in writing some suggestions
Including those made orally on Jan
uary 294 upon the constitutional queS
ton raised by him in reference to the
the city of Ell Centro. And | beg TO
| submit the following discussion.
In the resolution of intention and in
| the ordinance calling the election. the
purpose for which it is stated that the
| Indebtedness is to be incurred includes
the acquisition Of "captal stock in 9th
er corporations necessary for supply
ing the city and its inhabitants with
water: in other words, the water
stock" The holding Of which is an
indispensable perquisite to the OBJ
tanning of wafer by either an individual
or municipality in Imperial valley.
Section 81 Of article Of the con
slitution Of California, adopted in 1879,
reads as follows:
"The legislature shall have no power
| to give or to lend, or to authorize the
giving or lending, of the credit Of the
state, or Of any county, city, township,
or other political corporation or sub
division of ale state now existing, or
that may be hereafter established, in
aid Of or to any person, association,
or corporation. whether municipal or
otherwise, or to pledge the credit
thereof in any manner whatever for
the payment of the liabilities of any
individual, association, municipal or
other corporation whatever: nor shall
il have the power to make any gift, or
authorize the making Of any gift. of
any public money or thing of value, to
any individual or other corporation
whatever; provided, that nothing in
this section shall prevent the legisla-
ture granting aid pursuant to section
% of this article; and it shall not
have power to authorize the state, or
subscribe for stock, or to become a
StOckhOlder in any corporation what
ever"
1t will be conceded that as a gen.
eral proposition a municipality does
not have the right to lend its credit
to any other corporation or to become
a stakeholder therein. But it is re-
spectfully submitted that the acqusi-
ton by the city Of the stock that is
absolutely Indispensable to its water
system-withOut which the city itself
could not eXiSt-dOeS not come within
The inhibiions Of the constitution when
construed according to its true mean
ing and intent.
1.-THE established rules of cOnstruc-
ton applicable to statutes apply also
to the construction Of constitutions. -
Cye:, vol. 8, p. 729.
"In the construction of a statute
the intention of the legislature :.
is to be pursued if possible. &C. G. p,
sec. 1859.
The purpose of construction, as ap-
piled to written constitution, is to
give effect to the intent of the franz
ers and of the people who adopted il
and il is a rule of construction ap-
plicable to all constitutions that they
are to be construed 50 as to promote
the objects for which they We're framed
and adopted. d."-Cyc., vol. 8, p. 730
Getting numerous decisions.
'The intent of the trainers of the
constitution, when ascertained, will
prevail over any part Of the law. But
the intent is to be aScertained. not
alone by considering the words of any
part Of the instrument, but by ascer-
tanning the general purpose Of the
whole, in view of the evil which eX-
listed calling forth the framing and
adopting of such instrument, and the
remedy sought to be applied: and when
The intent Of the whole is aScertained
no part is to be construed so that the
general purpose shall be thwarted, but
the whole is to be made to conform to
reason and good discretion" n."-Cyc.,
vol. :. p. 1871.
when il becomes neces-
sary to resort to eXtrinSc sources to
aid construction, courts will resort to
the history of the times and the CON
dilion of affairs which led to the en-
aciment of the provision in question.
with a view to ascertaining its objects
and purposes. ."-Cyc., vol. 8, p. 1875.
"When from any cause the meaning
of a constitutional provision is doubt