The San Francisco Call. Newspaper, October 24, 1899, Page 2

° THE SAN FRAN CISCO CALL TUESDAY, OCTOBER 24 1899. NEW CHA cincts shall be sufficlent *“to make the number | « tes polled at any one precinct to be not r than two hundred, as nearly as can be asor s not to be regarded as jurisdic- | tior erely directory. - The concluding | cla s nearly be ained,” : muct the discretion of the and, ir > of any show- ing that by r ¢ a failure to observe this Airact ¥ ess of the election or the complet vote was affected, the act « aking the consolidation must } finding of the court that at 1 before either election was held v ation was mafled to each and the city and county whose : red upon the register, fnforming him_ s ally the exact location of the polling place In his spectal election prectnet, « : therewith a sample of the ballot sald want all is election notioe takes away voters. t was deprived of his ve ng that by reason of wit each of said ater than two hundred, the esumed to have dbused {ts JMdating the précincts la the precincts whether sonstru prec to fix number ‘heir the mate the board had right of the regist s which would be polied at the t od faith in mak el such as in their of votes which t more than any citi- the pre- lause In the rior the 1| n has ! For Registration and Special Elections. o Boards meet | eistration deliver the 3 No Reason to Disturb The Charter. o= . red. The be desired | { the Reg Board the lection Com- | inct as many | ized to a \ we pass the election to be as but an irregu- at it had any her in the number in the correctness of A Chiet Justice. h ANOTHER WAY TO THE SAME CONCLUSION ank. plaintiff and . Fragley, appellant, vs. | atter created | a | n COURT. James D. Phelan et al., defendants and re- spondents, San Francisco, No. 2048, This is an action brought by a taxpayer by injunction against the Board of Election Com- missioners and other municipal officers of the city and county of San Franclsco to restrain the expenditures of certain public moneys for the conduct and carrying on of an election in safd city and county. The primary and direct purpose of the litigation s to test the validity of the new charter of the city and county of San Francisco, which is to take effect January 1. 1900, The State Legislature of 1597 placed upon the statute books an act which may be called *‘The Charter Election Act.” It is entitled “An act In rejation to elactions held under the authority | of section 8 of article XI of the constitution, to elect Boards of Freeholders or to vote upon posed charters or upon amendments to ex- e artam . “The election. o secure a | approve a charter, it inherently, in the ab- Board of Freeholders in this city to draft a | Sence of constitutional prohlbition, must have Arter. and the election subsequently held to | the power to prescribe the terms, conditions and ratily the action of that Board of Freeholders, | mode upon which it will give its approval; and, were held under the afor The man- | If an election is made necessary by the consti- e e elections, | tution as a condition precedent to the validity | hiles inditrint copformity: with act, was | Of the charter, the Legislature has.the power Widely at variance with the provisions of the | to say what shall be the nature of that elecs general law as to the manner and conduct of | tion, and how it shall be condycted. And such holding elections the city and county of | power it gives it the right to say how- many San Francisco; it is mow claimed that | Voting precincts shall be used upon electionday, these elections as held were absolutely void by | nd what shall be the manner and time for constitutionality of the statute were held, and that the elec- therefore the new charter is reason of the u under which they tions being vold, a void and barren {nstrument. The parties attacking the constitutional- ity of this act of the Legislature rest the entire results of the litl: 4 sation that 1 attack, conceding [ in open court tha S SR they have no cas i that statute oMb & valld and con- | stitutional law. Ll e They insist that | the act is uncon- e 4 stitutional in t that it is viola tive of sectlon 6 of article XI of the constitu- | tion of the State. That rt of sec n 6 arti- cle XI of the constitution here directly in- | volved reads: “Citles and towns heretofore or hereafter orcanized and all charters thereof framed and adopted by authority of this con- stitutfon, except in municipal affairs, shall be subject to and controlled by general laws.” It is now claimed that thes: two elections to which reference has already been made “munlcipal al within the meaning o titution, and therefore, not subject to controlled by general laws. JIn this connec is then claimed that said act of 1597 al law leal with and munjcip and for that re violative of this constitutional prohibition a second it is asserted that statute is special legislation and in uniformity of operation. We at an examination of these constitutional tions. The solution of the questions thus presented this so lacking ce pASS to largely revolves und the meaning o words “‘except in S —4 municipal af- 1 fairs,’" as the What Certain words are used in | Words Really Mean. these w meaning rds has a and that ) a moment to consider this single phrase forms the subject-matter of an amend ment to the constitution the State. The ationship existing 1 te and its municipalities is s it be said every city or every State statute is A matter of in ipal ity. 1t ma re a r of mu- lity re matter of nterests are Ic and the takes & narrower wording o aring uj iin tae sign towns, 1 be subject rpose true sig nificance of these w no brighter light to be shed upon them than is disclosed by a c ion of the reasons which moved the Legislature to propose the amendment and the people to adopt it. What was the evil t be remedied? What was the good to be galned by this amendment? The answer Is common everyday history. It was to pre existing fons of charters from being frittered by general laws, which would 1 « provisions by implication. It to en municipalities to conduct their own busi- nd control their own affuirs to the fullest possible extent in their own way. It was en- acted upon the prin that the municipality ter what it wanted and needad ate at large, and to give that privilege and right which wéuld carry eatisfy needs. These few of the re; which give for this concise all-significant amendment to section 6 of article XI of the constitution of the This amendment then, was intended municipalities the sole Tight to r and govern their | internal conduct independer general laws; this internal regulation and control by form those ‘“‘municipal affairs” he constitution Affairs, as those words are used hat the constitutional amend- ment was framed to meet. There Is absolutely no sound reason why Freeholders' charters should not be framed and ratified under gen- 11 There is a multitude of sound rea- urged why the conduct and_pro. cedure of elections for the election of Free- lders and ratification of charters should be held under general laws. No sound policy ex- ists demanding special legislation upon such subject-matter. As far as there has been us light to see, neither the Legislature nor the people ever thought of such a thing as the adoption of charters when they plac words ‘‘municipal affairs”’ in the organi fining the phrase “‘county affai irt said in Hawking vs. Mayor, 64 N, Y.. “County affairs are those relating to the count in its Grganic and corporate capaelty and In. cluded within Its governmental or corporate powers.”” Tested by this rule elections held as eliminary steps toward the creation of a Freeholders' charter not municlpal af- fairs The city and county of San Francisco fs a municipality. The municipal affairs of this municipality are a multitude, cov- ering its business transactione sons be given are N The Will of the These business People matters are the | 3 municipal affairs | Must Prevail. of the present mu- nicipality, but the drafting and rati- fication’ of & new charter is not one BIG FLOODS of orders followed our last week’s announcement. Apologies extended those who were delayed. Additional Goods and prices for this week, as not miss this buying opportunity. teams and help insure dispatch now. below, merit equal attention. Do WASHOUTS. SUGAR— Bpreckels | fine dry granulated (imit $2), 1t SR ) v in 100-Th IR 5 1bs 100 | in market, bag 87ic: | ur, bag 70c; barrel.. 2 80 | One bag ‘whole wheat flour, or Graham, Our Mothers', 5 s 89| RICE— Falr, No. 3 in quality, 8 Ibs. 5 Fancy Eastern head rice, per . 6% EW CROP— Ratsins, in bulk, clean and good, 4 Ibs. 25 Santa Clara prunes, per Ib 03 Inuts, pap 1. per 1b 20 Citron, Lemon and Orange peel. per ib.. 1§ Crmnheres re Cape Cod, gallon.. 25 French Peas, per tin e Ak Only lot new Baby Tooth Corn in city, per tin VTS u SoA oo 0 New pack, gallon tins, fomatoes. =y Pure food jams In large glass jars, our ) S - .- 10 New peaches, deliclous, whale, per ib...... 03 STAPLES— Pure, fresh, sweet lard, 10-Ib tins. stern rolled nate, fresh, 11 1bs = fackerel, fine large, 4 for. S land Evaporated Cream, per tin sncks whole wheat or graham flour.. rted olive oil, gallon tins lon ting American salad ofi.. tins ple fruit, assorted, dozen. in half-barrels, new, choice.. CRACKERS— 20 1b eize box, extra sodas % Ib size box, extra Pilot Extract of Beef, Cudahy’s Star brand, 2%c; 4 oz jar. YRR Cocoa, Stollwerck’s best German, 1%-1b cans. 2.0z far, 38 B¢ . 11 cans, 5 Bardines, 4 tins, imported, for. .o, o111 3 Eggs. Eastern choice, guaranteed sound, ozen . 3 srcesenesneas 30 80ld In some places as Californta Ranch, SOAP— Fairbanks' mammoth bars br Gold Dust grade........... OW“n“!l): 05 Cream Savon, Jumbo size, none finer. [ Fancy bars, double wrapped, soap..... 7} Coffee, our millionaire 40c grade, specfal this ook g it 0 ‘en, our flc Maraviila Ceylon, none < 1al this week 0 try.... gre i Sweet Potatoes, creamy, €0 well, 15 Ibs...... RESERVED— Right reserved to limit quantities above to or- dinary family requirements. Free delivery city and three times daily the bay in any quantity. Ask for price st Sale of rubber shoes, dress goods, gingha: sateens, hoslery and other wearing apparel ag vertised continues this week. SHITH THE BIG 8TORE AT THE FERRY, 25-27 Market St. TELEPHONE 1340, bsec- | the | oragnic law, refer to the internal busi- airs of a_municips It was the in- | 1 business affairs of municipalities then ex- g and those of municipalities to be here- | of its business.matters. The conduet of the| present municipality’s business affairs has nothing to do with the question of the creation | of a new municipality. The new municipality will have municipal affairs of its own after it| is created, and not before. The old munici- paiity performs its functions when it ¢ \rries on the business Intrusted to it. As a mi icipality it has no voice In saying whether or ot therc shall be a new charter. In that ma ter it is| wholly passive. If its inhabitants sy | | with us vet a while,” it stays. 1f they | Your ¢ are ended; you have outlived | your usefulness; stand aside,” it makes no pro- tesi. The decree of the people is its will. A may be done by the municipality. of a new charter is a matter not placed in the hangs of the municipality, but in the hands of the inhapitants thereof, with the consent of the | State. As the Legislature alone has the power to egistration, Viewing this question from another angle, it | seems that the creation of a charter is not essentially and |4—————— 4 &ione a municipal affair. It is a The Charter Was | State affair, and 1 i that fact is rec- | 1 Created | oenized in unmis- | | takable terms by by the State. | the State when | | t he constitution = | demands that the | —# State Legislature | approve the in- strument by a majority vote; and until such approval it has no life. Notwithstanding all | the people of the municipality with a single voice may ask for a new charter, yet the | State, by and through its Legislature, may deny ‘that request the representative the State, and hs | or refuse’ c The Legislature stands as of the eign power of arters to municipalities, A grant of a charter to a municipality is a grant of | Do such power. It is a delegation of a certain | amount " of ‘power to the munietpality theretofore vested in the State. It s a parting with a portion of its sover- ignty. 1t s for this reason that the ate through its Legislature must breathe into | the charter theybreath of and if the State withhold its breath such action Is beyond all review. When the constitution vested this om- | nivotent power in the Legislature, it would seem that the framers of that instrument deemed the creation of a munlicipal corporation a State affair of the greatest import in speaking of the general pri | volved Judge Cooley says, in People v ple here in- Hurlbut, 24 Mich., #: “There is no doubt of the right | of the State to do any of these things: not by | virtue of any general authority to take to itself | | the management of the local concerns, but be cause the inauguration and modification of | | local governt can only be provided for | hout confusion and injustice by the aid of | gulding and assisting hand of the authority that crea lifles. The right in the State Is a not to run and operate the | al government but to provide | in motion.” This seems tc w 1t it very principle recognized by the fram of the constitution and carried into effect by aforesaid amendment to that instrument. And it may well be said that while general {egixtation as to municipal affairs is there pro hibited, vet at the same time the very same n'of the constitution reserves to the St e right n and operate the machi 1 government,” but the right to pro- | or and put the machinery into motion. | vs. City of Oakland, 123 04, it | that a general law providing for the | annexing adjacent territory to a cipality J and wa id not deal with “‘municipal at- therefore, without constitu- 1 objection. It would seem that the add- { adjacent territory to a municipality and ¢ing the inhabitants of that territory wit government of the municipality” was a of great moment and interest to the ity. Yet it was held not to be su municipal affalr as contemplated by the con- stitation. This court there sald: ‘‘As the egislature alone has the power to authorize such annexation, it must have the power to prescribe the terms, conditions and mode of annexation.”’ This language applies with tull | force to the question under discussion in the | case at bar "he charter act of 18! is neither speclal legls- lation, nor does it lack uniformity of operation. —_—— The title of the K3 —4 act iteelf stamps the law as ge | No Reason to | gral legislation. | | The tle purports | upon ace to | LR | deal with a class | | The Enactment. | of municipalities | created by section | L 8 of article XI of + the constitution. Legislation bear- ipg upon & constitutional class of municipali- ties is not speclal legislation. The authori in this State without exception so declare the law. Again, the act applies to all municipali- ties that are authorized to adopt freeholder charters, Such municipalities intrinsically | constitute a class In themselves and probably { even In the absence of constitutional classifi- | cation could be dealt with by general laws, but in view of the constitutional classification | it cannot be denied for a moment but (hm} 1 | | | Jegislation relating to_such a class Is both general and uniform. (Mintzer va. Schilling, 117 Cal., 361.) It 1s not & light thing to set aside an act of the Legislature, and the rule is elementary | that, unless it is perfectly plain that such act is violative of constitutional provisions, a court will uphold it. With the policy of the legislation found in the act the court has nothing to do. This legislation may be wise or unwise. That is a matter with which the court has mo con- cern. It Is for us alone to deotare the law void or valld and that declaration must rest upon the test, namely, Is this act clearly viola- tive of some constitutional provision? In other words, the real question here is, Does it plainly and clearly appear that these two elections con. stituted “‘municipal affairs,’” within the mean- Ing of these words as used in the constitution? | | | In view of what has been said, we are not prepared to make that declaration. e Suggment and order are afirmed We concur GAROUTTE, J. VAN DYKE, J. McFARLAND, T. THE COUNTY OFFICIALS MUST ALL GO In Bank. Martin et al., appellants, vs. The Election Commissioners of the City and County of ncisco et al., respond- ets. 8. F. No. This action is In some me: connected with that of Fragley vs. Phe A F. No. 2048, involving the valldity of the Freeholders' char- ter, just decided. In the complaint of the plaintiffs it is stated: ““That this actlon is not designed or intend- ed to impeach the validity of the said charter in any respect other than to have It adjudged herein that the provisions of said charter, con- cerning the county officers of sald eity and county of San Francisco, are in open and fla- s Henry Board of ure | | grant conflict with the constitution of the State of California, are an invasion of and an infringement upon the sovereignty of said State, are a revolutionary usurpation of power, and are a palpable violation of the law adopted by the Legislature of said State, In obedience to the constitution, and entitled, ‘An act to eetablish a uniform system of county and town- ship government,’ approved April 1, 1867. A demurrer to the complaint was sustained by the court below, and plaintiffs declining to amend judgment was entered in favor of the Qefendants, from which judgment this appeal is_taken. R The provisions of the Freehoiders' charter concerning the so-called county officers in whose behalf this action is prosecuted were inserted in sald charter In pursuance of the amendment to article XI of the constitution, concerning counties, cities and towns, and ls entitled section $i, adopted In 159%. By that amendment it is declared t shall be com- petent, in all charters framed under the au- thority given by eection § of article XI of this constitution, to provide, in additlon to those provisfons allowable by this constitution and by the laws of the State, as follows: 4. ¢ ¢ ¢ Where a city and county government | has been merged: and consolidated into one municipal government it shall also be compe- tent in any charter framed under said section 8 of sald article XI to provide for the manner in which, the times at which, and the terms for which the several county officers shall be elected or appointed, for their compensation, and for the number of deputies that each shall have, and for the compensation pavable to each’ of such deputles. , By the act of the first Legislature dividing the State Into countles, passed February 18, 1850, the County of San Franclsco was bounded on the north by the San Francisquito How the Counties i | Creek, and from | Were the head of said | First Created. creek due west to the ucean, and three miles there- In; and on the northerly end in- cluding all of the present city and county; counties 1ying to the south being Santa Clara and Branciforte; the latter was changed sub- sequently to the county of Santa Cruz. At the same sesslon of the Legislature an act was paesed, April 15, 1850, to incorporate the city of 8an Francisco. The southern houn- dary line of sald ecity, as thus incorporated, was two miles distant from the center of Portsmouth square, and “‘parallel to the street knowp. as Clay street,” and the western boun- dary was a line a mile and & half in a west- erly direction from Portsmouth square, ‘and parallel to a street known as Kearny. street.” The act provided for a complete organization and a full set of officers for the city, Inde- pendent of the county officers of the county of Ban Francisco. The acts creating the county, and also the city, were amended at subsequent | municipal affair pertains to sométhing .which | The creation | the arbitrary right to grant | | vis | longs to the people. sessiops of the Legislature, and, April 19, 156, an act was passed “'to repeal the several char- ters of the city of San Francisco, to establish the boundaries of the city and county of Sun Francisco and to consolidate the government thereot.” By the first section of said act it is provided that “'the corporatiun or body poli- tic and corporate, now existing and known as the city of San Francisco, shall remain and continue to be a body politic and corporate in name and in fact, by the name of the city and county of San Francls and by - that name shall have perpetual succession, may sue and | defend in all courts and places,” and fn all matters and proccedings whatever, and may have and may use a common seal; and the same may alter at pleasure, and may pur- chase, receive, hold and enjoy real and per- nal property, and sell, convey, mortgage and dispose of. the ‘same for the common benefit.” By the second section it is provided that “‘the public buildings, lands and property, all rights of property and rights . of action, and all moneys, revenues and Income belonging or | appertaining either to the corporation of the | clty of San Francisco, or to the county of San Francisco, are hereby declared to be vested in, and to appertain to, the sald city and coun- ty of San Francisco; and the moneys In the treaesury of said city, and in the treasury of sald county of San Francisco, and all the reve- nues and income from whatscever source aris- ing, including delinquent taxes upon persons and property appertaining to the sald eity or t0 the said county, shall be handed over, paid and received Into the treasury of the city and county of San Francisco as a part of the gen- eral fund. The boundarles of the new municipal corpo- ration designated as the city and county of San Francisco et Ci were fixed us at : present, and there ity and County Made was formed out of One Corporation. | the southern por- | tion of the county of San Franci the county of Mateo, and | eighth section 4 the act dividing the State into countles, providing for the formation of the county of San Francisco, was repealed. It was further provided in said act that the existing provistone of law defining the powers and dutles of county officers, excepting those relat ing to Supervisors, so far as the same wWer not repealed or altered by sald act, should be considered as applicable to the officers of sald city and county of San Francisco, and amon the enumerated officers to be elected for sai new municipal corporation were, in addition to purely city officers, the officers formally desig- nated as county officers, From the passage of the consolidation act to the Constitutional Convention of 1878-9, the city and county of San Francisco had been a batvision of the State, and as such, and b: O s Bl G that pame and style organized and’ existing as a body polltic and corporate. Its charter— the consolidation act—had been added to and amended, but the general form and substance of the municipal government had not been changed. And since the passage of the con- eolidation act the ecounty of San Francisco had ceased to exist as a body polltic or corporate, | independently of and separate from the mu- nicipal corporation created by that act, and wn and designated as the city and county of San Francisco. One of the contentions on the part of the ap- pellants is that although the former city and county were co + ~———————4 solidated they { were not ‘‘merg- | “Merged” asMeant | ed” within the | meaning of the | by the constitution, As A already shown, Constitution. | the consolidation | act repealed the i various acts cre- ————* ating and amend- ing the charter of the city of San Francisco, as well as the pro- ons of the act creating the county of San Francisco: and all the funds and property of | every kind theretofore belonging either to the city ‘or county became vested in and belonged to the new municipal corporation known as the city and county of San Franclsco. Dede 006 e6eieieie@ ELATED OV THE DECISION CN THE CHARTER Great Republican Vote Now Assured. There was great rejoicing at Republi- can headquarters last evening over the news that the Supreme Court of the State had sustained the new charter of San Francisco. The chairman of the cam- paign committee remarked that the de- | cision would add 5000 names to the Repub- lican roll of voters. The decision: of the court clears the political atmosphere. All doubt as to the validity of the charter has been removed. Pending the decision a little coterie of demagogues without known political principles assumed some sort of proprie- torship of the charter, but the court knocks the last prop from under the pre- tended ownership. The charter now be- It is true that the intelligence and patriotism of Republi- cans were invokea in the framing of the charter; that Republican districts gave the organic act the largest majorities, and it true likewi that the charter was ratified by a Republican Legislature. Nevertheless, it now belongs to the whole people, bearing in this respect the same relation to the community that the consti- tution of the United States bears to the whole country. At the polls on November will-elect officers to administer aifairs of government under the local constitution The party that succeeds at the polls will be held responsible for the administration of the city government. The Republicans have put” forward Horace Davis for th honor of serving as the lirst Mayor under the new charter. The Democratic follow- ers of the Committee of One Hundred have placed James D. Phelan in the field for the Mayoralty and the People's party enters the mu 1 contest under the leadership of Dr. Cleveland. Democrats are divided in their allegiance. Some es pouse the cause of Phelan and others sup- port Cleveland. The Republicans are solid for Horace Davis. There was some wavering before the decision of the court was handed down, but now all Republi- cans appreclate the importance of the contest and will lend their energies to elect Horace Davis and the entire Repub- lican ticket. The Democrats are divided now, but trades may e made before election day which wili_bring many of the wavering into line. Phelan and McNab counted so confidently on non-partisan and Repub- lican supgort that they did not, in mak- ing up the ticket, consult the delegates elected to the Democratic convention, but on the contrary prepared the ticket as early as September 15. The Call on that date published the ticket. Before the conventfon adjourned Democratic aspir- ants who did not take orders from McNab knew that they had been duped and be- trayed. Many resolute Democratic voters, and especially those who rally around the free silver standard of Bryan, belleve now that Democratic defeat 'In this municipal contest would be better for the party in the coming great campaign of 1900 ~ than the success of the McNab- Phelan dynasty. It is highly probable, therefore, that Dr. Cleveland, the nomires of the People’s party, will receive a large Democratic vote. Phelan is already hard at work in his efforts to conciliate the straight-out Dem- ocrats. Before the primary election he declined to attend a meeting of the Demo- cratic Central Club, on the ground that it was a Buckley Democratic organization. Since he learned that the Republicans were everywhere lining up for Horace Davis he has consented to address the Central Club, The Republicans are conducting a vig- orous, united and effective campaign. §{ the leaders succeed {n bringing out a full Republican vote, Horace Davis will se- cure a handsome plurality for Mayor on election day. The attendance at the great Republican mass meeting at Metropolitan Temple last Saturday night, and the sue- cess of the district meetings last night, indicate that the people are alive to the importance of the struggie. o-night Horace Davis and other speak- ers will address the people of the Thirty- gccond Assembly District at the Potrero Opera-house. Mr. Davis will surely se- cure a great cvation from the working- men of that quarter of the city, as he %s He has worked his own the peovle a toiler himself. way forward in life, unaided by inherited millions. He is in touch and syvmpathy witk his fellow workers and deserves the support of honest toilers. Joint mee!h‘.g of the voters of the Forty-fourth and Forty-fifth Assembly Districts will be had at Garibaldi Hafl on Broadway to-night. Mr. Davis and F’:ger candidates will address that meet- It would RTER UPHELD BY SUPREME | ments, instead of being submitted specially b: seem difficult to more effectively merge two separate bodies into one. Besides, in the Con: stitutional Conventlon of 1878-9 the city and | county of San Francisco was referred to and treated as a merged and consolidated mu- | nicipal government. and it was then. as now the only municipa) government of that kind in the State. That portion of section 7 of article XI of th constitution where merged and consolidated municipal governments are referred to has not been changed since it was reported to the the Committee on Municipal Cor- | porations, and the debates show that the terms i there used referred to a municipal government like that of the city and county of San Fran- cisco. During the debate on the various amend- ments proposed to that portion of section referring to the two houses of legislation (since annulled Ly constitutional amendment), Judge Hager, the chairman of the committee, in re plying, said: *I had no idea that this section | was going to create so much difficulty in the | convention or receive so much apparent oppo- | sition. The section as drawn was intended to be for the city of San Francisco.” (Debates of the Constitutional Convention, p. 103S.) Those remarks of Judge Hager were not ques- tioned by any member, and it is fair, therefore, to assume that the convention understood that when using the term ‘‘merged and consolidal into one muni pal_government it had reference at that time only to the city and county of San Francisco, and also to any similar consolidated corporation that might therealter be created. When the following section, elght (then sec tion 9), providing for {reeholders’ charters was | under debate, Judge Hager remarked: ““This applies strictly and only to the city and county of Sap Francisco.” (The section originally re- quired a population of more than 100,00 to en- title the inhabitants to such eity to frame such a charter.) He further sald: *T cannot see that any evil wlll come from it; we have this peculiar government there, a consolidated city and county government. 1 do not agree with my friend from Sacramento that the tendenc is to multiply offices. The tendency is to re- duce the number of offices. Instead of having a set of city officers and a set of county of ficers they are consolidated. We have a Sherift Who is the Sheriff of the county and of the cit * + » We have a Tax Collector, and we hav an Auditor that acts for both; formerly we had one for each. The tendency of an consolidated government is to reduce the offices from two to one in every case, and reduce the expense in cvery particular, and not, as the gentleman | said, for the purpose of muitiplying offices. It'is further contended by the appellant that section 81 of article XI is invalid, for the r | Views of the | | Late | ’ Judge Hager. \ S D i - son that it was submitted to the people under ed March 7, 1853, providing | amend- the general law pass for the submission .of constitutional the Legislature proposing the amendment. (Stats, 1883, 83.) This_coniention 1s entirely untenable. The amendment to section 6 of the same article, by the insertion of the words ‘“‘ex- cept in munieipal affairs,” was sub- mitted and adopt- ed at the same time and _in the same manner as section 81, now under _considera- tion, and the v lidity of that amendment has been considered and sustained by this court. Besides, there are many other amendments that have been in like manner bmitted and adopted since the passage of the act of 1883, There is no constitutional objection to the passage of such an act, and that being the case, it is entirely proper for the Legls tura to provide by general, instead of speclal, legislation for submitting constitutional amend- ments to the people. The causes leading up to the adoption of con- stitutional amendment section i The Contention Is Not Well Made. | < | | | known. In the Freeholders' charter of the eit f Los Angeles provision was made for the es tablishment of a_Police Court and the election of Judges thereof. In People vs. Teal, & Cal., 333, it was heid by this court that such pro- Vision of that charter w: = the rea- | son that inferior courts, including Pol Courts, could only be established as provided | by artizle VI, concerning the judicial power of the State, and that it Is there provided that the Legislature may establish inferior courts in any ncorporated city or town, or city and count and this meant that an act must be pas by the Legislature in the form and ma preseribed in article IV, legislative departm and that the approval of the Freeholders' char- ter by a vote of the two houses of the Leg- islature was not equivalent to the passage of a ldw as rrovided in sald legislative article. Hence the new section, Sig of article XI of the constitution, subdivision 1, confers, in express terms, the power to provide in Freeholder chartérs “for the constitution, regulation, gov- | erninent and jurisdiction of Police Courts, and for the manner in which, the times at which | and the terms for which the Judges of such | courts shall and for the compensation such Judges and their clerks and attaches.”” And to remove any doubt that may have previously existed con- cerning the status of officers of the class prose- cuting this action in merged and consolidated municipalities it {s further expressly provided in the amended section, Si. that it shall be competent in a Freehoiders' charter of such consclidated government to provide for the election of such officers for such municipality. There is no room for doubt, therefore, as to the purpose of the Legislature In proposing sald amended section Sk of article XI, or o the people in voting upon and approving the same. | 1t is contended, however, on the part of the appellants that the provisions of said amended section Si, un- | | be elected or appointed, o der consideration, cannot be carried No Conflict out, for the rea- ! son that it would | With the | conflict with the | | eneral law of ! General Law. the State b- lishing a_uniform vatem of county | and township gov- ernment; in other Freeholders' char- in ths constitution highest grade) cannot be | in pursuance of express the constitution, because it may perhaps infringe upon some other law. The rule of construction fnvoked by appellants | seems to be that a provision in a law or con- | stitution In reference to a particular matter is words, that the law (and a ter adopted as provided fc a is a law of the passed, although power granted by inoperative and void if it be inconsistent with the general provisions of sald law or constitu- | tion. The direct opposite is the true con- | struction in such cases. ““The more specific provision controls the gen- eral, without regard to their comparative | dates; the two acts, operating together, and reither working the repeal of the other.” (Bishop's Written_Laws, sections 112-1%6; Des- mond ve. Dunn, 55 Cal., 247; Dwarris on Stat- Cooley's Const. Lim., 63; Commo i Counefl ¢f Montrose, 52 Penn. St., | VS, 144 N i People ex 157 N. Y., 97; State vs. Kelly, 75: McGarsh v State, ete., 34 N State vs. City of Trenton, 3 | N. I Law, Crane vs. Reede Mich., )| Under this rule of construction it would be | immaterial whether the general county gov- | ernment act ap- | [ S ——4 plies to the coun- | ty of San an-‘ CountyGovernment| cisco or not; for although said mew | Act Does sec‘:h‘\n 8%, of | article XI. may | Not Apply Here. | conflict with other | | sections of the il 4 fame article, pro- | viding for a uni- | torm system of | county and township government, it would still | be valid as to the particular cases for which it 1s intended, for in such case the particular | and the general both stand together, neither | abrogates the other, the former furnishing the | rule for the Freeholders' charter, the latter for all other cases | But the act establishing a uniform system of county and township government does not ! and never has applied to the county of San Francisco, In the sense claimed by the appel- lants. The first section provides that the cov. eral counties of this State, as they now exist, and such others as may be hereafter organized, are bodles corporate and politic and zs such have the power specified In said act. Among these are the power to sue and to be sued, to purchase and hold land within Its limits, to make contracts, and purchase and hold per- onal property as may be necssary to the exer cise of its powers, to manage and dispose of its property as the interests of its inhabitants may require; to levy and collect such taxes as are authorized by law. The county of | Francisco, as already shown, since the passage of the consolidation act, has never, as such. owned or possessed any property or performed any of the acts of a corporate b Further, | the general law provides that ‘‘each count must have a board of supervisors consisting of | five members.” The county of San Francisco never has had such a board, or any hoard of supervisors since,the consolidation act. The | general county government act also provides for justices of the peace and constables in the several townships of the county, and there are no justices of the peace or constables in the townships of the county of San Francisco, since there are no townships in San Francisco. In fact, It Is toc obvious for question or argument that the general law establishing a uniform system of county government does not apply to the city and county of San Francisco. Further, | sectlon § of article XI, as it now stands, de- | clares that when sald charter Is approved as therein provided, it shall become the charter of such city, or if such city be consolidated with a_countw, then for such city and county, | and shall become the organic law thereof, and { supersede any existing charter, and all amend- ments thereof. and-all laws inconsistent with | such charter.”” As the section originally stosd it read, “All special laws inconsistent wlith | such charter.”” The purpose of the amendment | is In line with other amendments to the other | sections of the article in question, and wouid seem to remove all doubt that such charters are | not subject to existing laws, whether general | or special. Judgment affirmed | VAN DYKE, J. ‘We concur: McFARLAND, J., GAROUTTE, J., BEATTY, HARRISON, J. I concur in the judgment. . TEMPLE, J. T concur in the judgment solely on the ground ceived from Past Great Sachem Burgman DR. KILMER'S SWAMP ROOT THOUSANDS HAVE KIDNEY TROUBLE AND DON'T KNOW 1T TS MARVELOUS SUCCESS IN ALL KIDNEY, BLADDER AND URIC ACID TROUBLES. To Prove for Yourself the Wonderful Merits of This New Discovery, Every ‘‘Call” Reader May Have a Sample Bottle Sent @b- solutely Free by Mail. What your kidneys need is a gentle, healing, tonic influence, that will soothe their irritability and gently regulate them. The only thing that wiil do thisis Dr. Kilmer's Swamp-Root, the Great Kidney Remedy. It used to be considerzd that only urinary troubles were to be traced to th: kidneys, but now modern science proves that nearly all constitutional discases have their beginning in the disorder of these useiul organs. What more natural ? The Kidneys filter and purify the blood. whole body | tion, loss of flesh, sallow complexion. 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You may have a sample bottle of this famous kidney remedy sent free by mail, postpaid, by which you may test its virtues for such disorders as kid- ney, bladder and uric acid diseases, and urinary troubles, obliged to pass water frequently night and day, smarting or irritation in passing, brickdust or sed- | iment in the urine, constant headache, backache, lame back, dizziness, sleep- lessness, indigestion, nervousness, skin trouble, anaemia, Bright’s disease, neu- ralgia, rheumatism, irrita- bloating, bility, worn-out feeling, lack of ambi- | great deal of matter of value to the mem- that the constitutional amendment—sectton 8%— definitely settles the question involved in faver | bership. of the contention of respondents. S | “Great Junior Sagamore Holder and a McFARLAND, J. | number of the members of Ainomas | Tribe have interested themselves in the matter of organizing a new council of the Degree of Pocahontas. They have already secured the names of fifty petitioners for a charter, and expect to have the council, a fine photograph of the representatives | which will be called Nakomis, instituted to the Great Council of the United States, | in a short time taken hefore the once residence of George T Washington at Mount Vernos He—He that courts and runs away will The great chief of records has issued a | live to court another day. handy “directory of all thetribes and She—But he that courts and does nof councils. , The " booklet also contains a | wed, may find himself in court instead. Impro;ed Order of Red Men. Great Chief of Records Bliss has re- failor-made suils and overcoals Let us send you samples of our $ro tailor-made overcoats. They are as distinct values as our $1o suits, and the latter have a good repu- tation for being a big money’s worth. If you are to get an overcoat this winter it is time to buy it so as to get as much good-out of itas you can. We will keep the overcoat in repair free for one year to show that we have confidence in the overcoat even if the price is low. S. N. WOOD & co., 718 Market Strect and Corner Powell and Eddy.