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Amendments to the Constitution and proposed statutes : with arguments ... online

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that sect and a violation of the freedom of the
others." (Vol. 9, page 502, California Reports.)

This proposed law Is an im warranted interfer-
ence with individual rights and personal liberty.
"A man's constitutional liberty means more than
his personal freedom. It means, with many
other rights, his right freely to labor, and to own
the fruit of his toll. ♦ ♦ ♦ It Is a curious law for
the protection of labor which punishes the laborer
for working. Such protection to labor, carried a
little further, would send him from the jail to the
poor house." (Vol. 112, page 468, California
Reports. )

The right of one person or class to choose their
time of labor and rest establishes the right of
every person, and of any class, to a like choice.
This proposed law denies equal rights. It grants
the right of choice to tliose who choose to labor,
or employ labor, eight hours In one day, forty-
eight hours in one week ; but denies this right of
choice to those who wish to labor or employ labor
forty-eight hours and a few minutes in one "week.
It not only denies the right of choice, but im-
poses grievous penalties of fines and imprison-
ment upon- those who shall attempt to exercise
this natural liberty. Such a law would* be a
vicious menace to society. It would declare good
citizens to be criminals because they sold some-
thing on the first day of the week, or because
they had labored, or employed labor, for hire, a
few minutes over forty-eight hours In one week.
Their reasons not being accepted by the zealous
prosecutors of the law, they would be in the
power of the blackmailer or the jailer most of
the time.

This proposed law places all citizens on a level
with the wards and convicts of the state, de-
prived of the liberty to choose their own time for
work and rest.

The state has no more right to say when free
citizens shall work, or rest, than It has to fix, by
law, a time for them to eat and sleep. For the
state to deny its free citizens the personal right
to determine the use of thetr own tinj© is to treat
them as slaves. Wt-Mathew Healbt.

..gitized by VjOOQ IC



CITY AND COUNTY CONSOLIDATION, AND ANNEXATION
WITH CONSENT OP ANNEXED TERRITORY

(Proposed by San Francisco and Los Angeles.)

Initiative amendment to section 8i of article XI of constitution. Present section unchanged
except to authorize chartered cities to establish municipal courts and control appointments, quali-
fications and tenure of municipal officers and employees; authorizes cities exceeding 175,000
population to consolidate under charter and to annex any contiguous territory, but only upon
consent of such territory and of county from which such territory is taken ; prescribes procedure
for consolidation and annexation.

The electors of the State of California present
to the secretary of state this initiative petition
asl^ing that the Constitution of the State of Cali-

I fomia be amended a^ hereinafter set forth, and
the following amendment to said constitution be
submitted to the electors of the State of Call-

; fornia, for their approval or rejection, at the
general election to be held In the month of

I November, 1914.

That section eight and one-half of article eleven
of the Constitution of the State of California,
relating to the powers conferred on cities, and
cities and counties, by the adoption of charters,
or amendments thereof, be amended so as to pro-
vide for the extension of such powers, the con-
solidation of city and county governments, the
annexation of territory thereto, and the assump-
tion of bonded indebtedness by territory annexed
to or consolidated with an incorporated city or
city and coimty, and to read as follows:

PROPOSED LAW.

Section 85. It shall be competent, in all char-
ters framed under the authority given by section
eight of this article to provide, in addition to
those provisions allowable by this constitution
and by the laws of the state, as follows:

1. For the constitution, regulation, govern-
ment, 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
be elected or appointed, and for the qualifications
and compensation of said judges and of their
clerks and attaches; and for the establishment,
constitution, regulation, government and juris-
diction of municipal courts with such civil and
criminal jurisdiction as by law may be conferred
upon Inferior courts; and for the manner In
which, the times at which, and the terms for
which the Judges of such courts shall be elected
or appointed, and for the qualifications and com-
pensation of said Judges and of their clerks and
attaches; provided such municipal courts shall
never be deprived of the Jurisdiction given In-
ferior courts created by general law.

In any city or any city and county, when such
municipal court has been established, there shall
be no other court Inferior to the superior court;
and pending actions, trials, and ail pending busi-
ness of Inferior courts within the territory of such
city or city and county, upon the establishment of
any such municipal court, shall be and become
pending in such municipal court, and all records
of such inferior courts shall thereupon be and
become the records of such municipal court.

2. For the manner In which, the times at which,
and the terms for which the members of boards
of education shall be elected or apnointed. for
their qualifications, compensation and removal,
and for the number which shall constitute any
one of such boards.

3. For the manner fn which, the tlmog at which,
and the terms for which the members of the
boards of police commissioners shall be elected
or appointed : and for the constitution, regulation,
compensation, and government of such boards
and of the municipal police fbrce.



4. For the manner in which and the times at
which any municipal election shall be held and
the result thereof determined ; for the manner in
which, the times at which, and the terms for
which the members of all boards of election
shall be elected or appointed, and for the consti-
tution, regulation, compensation and government
of such boards, and of their clerks and attaches,
and for all expenses Incident to the holding of
any election.

It shall be competent in any charter framed In
accordance with the provisions of this section,
or section eight of this article, for any city or
consolidated city and county, and plenary author-
ity Is hereby granted, subject only to the restric-
tions of this article, to provide therein or by
amendment thereto, the manner in which, the
method by which, the times at which, and the
terms for which the several county and munic-
ipal officers and employes whose compensation Is
paid by such city or city and county, excepting
judges of the superior court, shall be elected or
appointed, and for their recall and removal, and
for their compensation, and for the number of
deputies, clerks and other employes that each
shall have, and for the compensation, method of
appointment, qualifications, tenure of ofllce and
removal of such deputies, clerks and other em-
ployes. All provisions of any charter of any
such city or consolidated city and county, here-
tofore adopted, and amendments thereto, which
are in accordance herewith, are hereby con-
firmed and declared valid.

5. it shall be competent In any charter or
amendment thereof, which shall hereafter be
framed under the authority given by section
eight of this article, by any city having a pop-
ulation In excess of 175,000 ascertained as pre-
scribed by said section eight, to provide for the
separation of said city from the county of which
It has theretofore been a part and the formation
of said city Into a consolidated city and county
to be governed by such charter, and to have the
combined powers of a city and county, as pro-
vided in this constitution for consolidated city
and county government, and further to prescribe
In said charter the date for the beginning of the
official existence of said consolidated city and
county.

It shall also be competent for any such city,
not having already consolidated as a city and
county to hereafter frame, In the manner pre-
scribed In section eight of this article, a charter
providing for a city and county government, In
which charter there shall be prescribed territorial
boundaries which may Include contiguous terri-
tory not Included In such city, which territory,
however, must be included In the county within
which such city Is located.

If no additional territory Is proposed to be
added, then, unon the consent to the seoaratlon
of any such city from the cornty In which It Is
located, belna n'ven by a malorltv of the qual-
ified electors vot»nq thereon In such county and
upon the ratification of such charter by a ma-
jority df the qualified electors voting thereon In

BIsbtT'flve ,



such eity, and the approval thiraoff by the Itflslatiirt, as pri-
tcribed in section tiglit of ttiis article, said charter shall be
deemed adopted and upon the date fixed therein said city shall
be and become a consolidated city and county.

If additional territory which consists wholly of only one
incorporated city or town, or which consists wholly of unin-
corporated territory, is proposed to be added, then, upon the
consent to such separation of such territory and of the city
initiating the consolidation proposal being given by a majori^
of the qualified electors voting thereon in the county in which
the city proposing such separation is located, and upon the
ratification of such charter by a majority of the qualified elec-
tors voting thereon in such city so proposing the separation,
and also upon the approval of the proposal hereinafter set forth,
by a majority of the qualified electors voting thereon in the
whole of such additional territory, and the approval of said
charter by the legislature, as prescribed in section eight of this
article, said charter shall be deemed adopted, the indebtedness
hereinafter referred to shall be deemed to have been assumed,
and upon the date fixed in said charter such territory and such
city shall be and become one consolidated city and county.

The proposal to be submitted to the territory proposed to
be added shall be substantially in the following form and sub-
mitted as one indivisible question:

"Shall the territory (herein designate in general terms the
territory to be added) consolidate with the city of (herein
insert name of the city initiating the proposition to form a
city and county government) in a consolidated city and county
government, and shall the charter as prepared by the city of
(herein insert the name of the city initiating such proposition)
be adopted as the charter of the consolidated city and county,
and shall the said added territory become subject to taxation along
with the entire territory of the proposed city and county, in
accordance with the assessable valuation of the property of
the said territory, for the following indebtedness of said city
(herein insert name of the city initiating such proposition)
to-wit: (herein insert in general terms reference to any debts
to be assumed, and if none insert 'none')."

If additional territory is proposed to be added, which includes
unincorporated territory and one or more incorporated cities or
towns, or which includes more than one incorporated city or
town, the consent of any such incorporated city or town shall
be obtained by a majority vote of the qualified electors thereof
voting upon a proposal substantially as follows:

"Shall (herein insert the name of the city or town to be
included in such additional territory) be included in a district
to be hereafter defined by the city of (herein insert the name
of the city initiating the proposition to form a city and county
government) which district shall, within two years from the
date of this election, vote upon a proposal submitted as one
indivisible question that such district to be then described
and set forth shall consolidate with (herein insert name of the
city initiating said consolidation proposition) in a consolidated
city and county government, and also that a certain charter,
to be prepared by the city of (herein insert name of the city
initiating such proposition) be adopted as the charter of such
consolidated city and county, and that such district become
subject to taxation along with the entire territory of the pro-
posed city and county in accordance with the assessable valu-
ation of the property of said district for the following indebted-
ness of said city of (herein insert name of the city initiating
such proposition) to-wit: (herein insert in general terms, refer-
ence to any debts to be assumed and if none insert 'none')."

Any and all incorporated cities or towns to which the fore-
going proposal shall have been submitted and a majority of
whose qualified electors voting thereon shall have voted In favor
thereof, together with such unincorporated territory as the city
initiating such consolidation proposal may desire to have in-
eluded, the whole to form an area contiguous to said city,
shall be created into a district by such city, and the proposal
substantially as above prescribed to be used when the territory
proposed to be added consists wholly of only one incorporated
city or town, or wholly of unincorporated territory, shall, within
two years, be submitted to the voters of said entire district
as one indivisible question.

Upon consent to the separation of such district and of the
city initiating the consolidation proposal being given by a
majority of the qualified electors voting thereon in the county
in which the city proposing such separation is located, and

Elglity-3lj5



upon the ratification of such charter by a majority of tbi
qualified electors voting thereon in such city, and upon thi
approval of the proposal hereinbefore set forth by a majorit!
of the qualified electors voting thereon in the whole of tb
said district so proposed to be added, and upon the apprm
of said charter by the legislature, as prescribed in sectia
eight of this article, said charter shall be deemed adopted
the said indebtedness referred to In said proposal shall b
deemed to have been assumed, and upon the date fixed in sail
charter, such district and such city shall be and becoeie on
consolidated city and county.

6. It shall be competent for any consolidated city and count:
now existing, or which shall hereafter be organized, to anne
territory contiguous to such consolidated city and county, unin
corporated or otherwise, whether situate wholly in one county
or parts thereof be situate in different counties, said annexe
territory to be an integral part of such city and county.

If additional territory, which consists wholly of only en
incorporated city, city and county or town, or which consist
wholly of unincorporated territory, is proposed to be annexei
to any consolidated city and county now existing or wiiid
shall hereafter be organized, then, upon the consent to ani
such annexation being given by a majority of the qualifie
electors voting thereon in any county or counties in whicli aii
such additional territory is located, and upon the approval o
such annexation proposal by a majority of the qualified elector
voting thereon in such city and county, and also upon tb
approval of the proposal hereinafter set forth by a majority o
the qualified electors voting thereon in the whole of such ter
ritory proposed to be annexed, the indebtedness hereinafte
referred to shall be deemed to have been assumed, and at till
time stated in such proposal, such additional territory ani
such city and county shall be and become one consolidate!
city and county, to be governed by the charter of the cit
and county proposing such annexation, and any subsequoi
amendment thereto.

The proposal to be submitted to the territory proposed ti
be annexed, shall be substantially in the following form iih
submitted as one indivisible question: >

"Shall the territory (herein designate in general tenns tki
territory to be annexed) consolidate with the city and count]
of (herein insert the name of the city and county initiatini
the annexation proposal) in a consolidated city and count]
government, said consolidation to take effect (herein insui
date when such consolidation shall take effect) and shall tin
said annexed territory become subject to taxation, as an int»
gral part of the city and county so formed, in accordance witi
the assessable valuation of property of said territory for th
following indebtedness of said city and county of (herck
insert name of the city and county) to-wit: (herein insert H
general terms, reference to any debts to be assumed and r
none insert 'none')."

If additional territory including unincorporated territory an
one or more incoroorated cities, cities and counties, or tows
or including more than one incorporated city, city and county
or town, is proposed to be annexed to any consolidated clt
and county now existing or which shall hereafter be organized
the consent of each such incorporated city, city and county
or town, shall be obtained by a majority vote of the qualifi«
electors of any such incorporated city, city and county, o
town, upon a proposal substantially as follows:

"Shall (herein insert name of the city, city and county
or town, to be included in such annexed territory) be include
in a district to be hereafter defined by the city and county o
(herein insert the name of the city and coun^ initiating tit
annexation proposal) which district shall within two year
from the date of this election vote upon a proposal submitte
as one indivisible question, that such district to be then de
scribed and set forth shall consolidate with (herein inser
name of the city and county initiating the annexation pro
posai) in a consolidated city and county government, and tha
such district become subject to taxation, along with the entir
territory of the proposed city and county in accordance will
the assessable valuation of the property of said district for thi
following indebtedness of said city and county of (herein inser
name of the city and county initiating the annexation pro
posal) to-wit: (herein insert in general terms, refennce t
any debts to be assumed and if none insert 'none')."

Any and all incorporated^ities, cities and counties, o



Digitized by VjOOQ



ities



towns, to which tht foregoino proposal shall have been sub-
■itted, and a majority of whose qualified electors votino thereon
sliail have voted in favor thereof, together with such unin-
corporated territory as the city and county initiating such
wnexation proposal may desire to have included, the whole
to form an area contiguous to said city and county, shall be
created into a district by said city and county, and the pro-
posal substantially in the form above set forth to be used
when the territory proposed to be added consists wholly of only
one incorporated city, city and county, or town, or wholly of
unincorporated territory, shall, within said two years, be sub-
■itted to the voters of said entire district as one indivisible
fuestion.

Upon consent to any such annexation being given by a
najority of the qualified electors voting thereon in any county
or counties in which any such territory proposed to be annexed
to said city and county is located, and upon the approval of
wy such annexation proposal by a majority of the qualified
electors voting thereon in such city and county proposing such
annexation, and also upon the approval of the proposal herein-
Iwfore set forth by a majority of the qualified electors voting
tliereon in the whole of the district so proposed to be annexed,
then, the said indebtedness referred to in said proposal shall
be deemed to have been assumed, and upon the date stated
in such annexation proposal such district and such city and
county shall be and become one consolidated city and county,
to be governed by the charter of the city and county proposing
such annexation, and any subsequent amendment thereto.

Whenever any proposal is submitted to the electors of any
county, territory, district, city, city and county, or town, as
above provided, there shall be published, for at least five suc-
cessive publications in a newspaper of general circulation
printed and published in any such county, territory, district,
city, city and county, or town, the last publication to be not
less than twenty days prior to any such election, a particular
description of any territory or district to be separated, added,
or annexed, together with a particular description of any debts
to be assumed, as above referred to, unless such particular
description is contained in the said proposal so submitted. In
addition to said description, such territory shall also be desig-
nated in such notice by some appropriate name or other words
of identification, by which such territory may be referred to
and indicated upon the ballots to be used at any election at
which the question of annexation or consolidation of additional
territory is submitted as herein provided. If there be no such
newspaper so printed and published in any such county, terri-
tory, district, city, city and county, or town, then such publica-
tion may be made in any newspaper of general circulation
printed and published in the nearest county, city, city and
county, or town where there may be such a newspaper so
printed and published.

If, by the adoption of any charter, or by annexation, any
incorporated municipality becomes a portion of a city and
county, its property, debts and liabilities of every description
siiall be and become the property, debts and liabilities of
such city and county.

Every city and county which shall be formed, or the terri-
tory of which shall be enlarged as herein provided from terri-
tory taken from any county or counties, shall be liable for a
just proportion of the debts and liabilities and be entitled to
a just proportion of the property and assets of such county or
counties, existing at the time such territory is so talcen.

The provisions of this constitution applicable to cities, and
cities and counties, and also those applicable to counties, so
far as not inconsistent or prohibited to cities, or cities and
counties, shall be applicable to such consolidated city and
county government; and no provision of subdivisions 5 or 6 of
this section shall be construed as a restriction upon the plenary
authority of any city or city and county having a freeholders'
charter, as provided for in this constitution, to determine in
said charter any and all matters elsewhere in this constitution
authorized and not inconsistent herewith.

The legislature shall provide for the formation of one or
more counties from the portion or portions of a county or
counties remaining after the formation of or annexation to a
consolidated city and county, or for the transfer of such por-
tion or portions of such original county or counties to adjoin-
ing counties. But such transfer to an adjoining county shall
9nly be made after approval by a majority vote of the qualified



electors voting thereon In such terrltoiy proposed to be so
transferred.

The provisions of section two of this article, and also those
provisions of section three of this article which refer to the
passing of any county line within five miles of the exterior
boundary of a city or town in which a county seat of any
county proposed to be divided is situated, shall not apply to
the formation of, nor to the extension of the territory of such
consolidated cities and counties, nor to the formation of new
counties, nor to the annexation of existing counties, as herein
specified.

Any city and county formed under this section shall have
the right, if it so desires, to be designated by the ofRciai
name of the city initiating the consolidation as it existed
immediately prior to its adoption of a charter providing for a
consolidated city and county government, except that such city
:and county shall be known under the style of a city and
county.

It shall be competent in any charter framed for a consol-
idated city and county, or by amendment thereof, to provide
for the establishment of a borough system of government for
the whole or any part of the territory of said city and county,
by which one or more districts may be created therein, which
districts shall be known as boroughs and which shall exercise
such municipal powers as may be granted thereto by such char-
ter, and for the organization, regulation, government and Juris-



Online LibraryCalifornia Legislative Counsel Bureau California. Secretary of StateAmendments to the Constitution and proposed statutes : with arguments ... → online text (page 28 of 36)