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shall be nominated by petition, substantially in
the same manner as may be provided by general
laws for the nomination by petition o? electors of
candidates for public ofi^ces to be voted for at
general elections.

It shall be the duty of said board of freehold-
ers, within one hundred and twenty davs a^ter
the result of such election shall have been de-
clared by said council, or other legislative body,
to prepare and propose a charter for said city,
which shall be signed in duplicate by the mem-
bers of said board of freeholders, or a majority
of them, and be filed, one copy in the office of the
city clerk of said city, and the other in the office
of the county recorder of the county in which
said city is situated. Said council, or other leg-
islative body, shall, thereuoon, cause said pro-
posed charter to be published for at least ten
times, in a daily newspaper of general circula-
tion, printed, published and circulated in said
city; provided, that in any citv where no such
daily newspaner is vrinted, published and circu-
latedf such proposed charter shall be published,
for at lea^t three times, in at lea^t one weekly
newspaper of general circulation, printed^ pub-
lished and circulated in said city, and, in any
event, the first publicaUon of such proposed char-
ter shall be made within fl^t^en days after the
filing of a copy thereof, as aforesaid, in the office
of the citv clerk. Such vroposed charter shall be
submitted by said council, or other legislative
body, to the qualified electors o^ said city at a
special election held not less than twenty days,
nor more than forty days, after the completion of
such publication: provided, that if a general mu-
nicipal election shall occur in said citv not less
than twenty dat'S. nor more than forty days,
after the completion of such publication, then
such proposed charter may be so submitted at
sueh general election. If a maiority of such
qualifip^l eleot'^rs voting thereon at such general
or special el**rtion shall vote in favor of such
proposed charter, it shall be deemed to be rati-
fied, and shall be submitted to the legislature, if
it be in regular session, otherwise at its next
regular session, or it v^aii be submitted to the
legislature in extraordinary session, for its appro-
val or rejection as a whole, without power of al-
teration or amendment. Such avoroval may be
made by concurrent resolution, and if approved
by a majority vote of the members elected to each
house, such charter shall become the charter of
such city, or, if such citv be consolidated with a
county, then of such city and county, and shall
become the organic law ther^qf, and supersede

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any existing charter (whether framed under the
provisions of this section of the constitution or
not), and all amendments thereof, and all laws
Inconsistent with such charter. A copy of such
charter, certified hy the mayor, or other chief ex-
ecutive officer of said city, and authenticated
un^^er the seal of such city, setting forth the sub-
mission of such charter #o the electors of said
city, and its ratification hy them, shall, after the
approval of such charter hy the legislature, be
made in duplicate and deposited, one in the office
of the secretary of state and the othert after be-
ing recorded in the office of the recorder of the
county in which such city is situated, shall be
deposited in the archives of the city, and there-
after all courts shall take judicial notice of said
charter.

The charter, so ratified, may be amended by
proposals therefor submitted by the council, or
other legislative body of the city, to the qualified
electors thereof at a general or special municipal
election held at intervals of not less than two
years {except that charter amendments may he
submitted at a general municipal election at an
interval of less than two years after the last elec-
tion on charter amendments provided that rio
other election on charter amendm,ents has been
held since the beginning of the last regular ses-
sion of the state legrislature or shall be held prior
to the next regular session of the state legisla-
ture), and held not less than twenty days, nor
more than forty days, after the completion of the
publication of such proposals for ten times in a
daily newspaper of general circulation, printed,
published and circulated in said city, or for three
times in at least one weekly newspaper of general
circulation, printed, published and circulated in
said city, if there be no such daily newspaper.
If a majority of such qualified electors voting
thereon at such general or special election shall
vote in favor of any such proposed amendment or
amendments, or any amendment or amendments
proposed by petition, as hereinafter provided,
such amendment or amendments shall be deemed
to be ratified, and shall be forthwith submitted to
the legislature, if it he in regular session, other-
wise at its next regular session, or may be sub-
mitted to the legislature in extraordinary ses-
sion, for approval or rejection as a whole, with-
out power of alteration or amendment, and if ap-
proved by the legislature, as herein provided for
the approval of the charter, such charter shall be
amended accordingly. A copy of such amend-
m,ent or amendments shall, after the approval
thereof hy the legislature, be made in duplicate,
and shall he authenticated, certified, recorded
and filed o« herein provided for the charter, and
with like force and effect. Whenever a petition
signed by fifteen per centum of the qualified elec-
tors of the city, computed upon the total number
of votes cast therein for all candidates for gov-
ernor at the last preceding general election at
which a governor was elected, is filed in the office
of the city clerk of said city, petitioning the
council, or other legislative body thereof, to sub-
mit any proposed amendment or am,endments to
the charter of such city, which amendment or
amendments shall be set forth in full in su^h
petition, to the qualified electors thereof, such
petition shall forthwith be examined and certified
by the city clerk, and if signed by the requisite
number of qualified electors of said city, it shall
he presented to the said council, or other legisla-
tive body, by the said city clerk, as hereinbefore
provided for petitions for the election of hocurds
of freeholders. Upon the presentation of said
petition to said council, or other legislative body,
said council, or other legislative body, must sub-
mit the amendment or amendments set forth in
said petition to the qualified electors of said city,
at a general or special municipal election, h6id
not less than twenty, nor more than forty, days
after the conipletion of the publication of such
proposed amendment or amendments, in the same
manner as hereinbefore provided in the case of
the submission of any proposed amendment or
amendments to such charter, proposed and sub-
rritted by the council, or other legislative body.
The first publication of any proposed amendment
or amendments to such charter so proposed hy
petition shall he made within fifteen days after
the aforesaid presentation of said petition to said

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council, or other legislative body. In submitting
any such charter, amendment or amendmentt
thereto, any alternative article or proposition
may be presented for the choice of the electors,
and may be voted on separately without preju-
dice to others.

Every special election held in any city under
the provisions of this section, for the election of
a hoard of freeholders, or for the submission of
any proposed charter or any amendment or
amendments thereto, shall he called hy the coun-
cil, or other legislative body thereof, by ordi-
nance, which shall specify the purpose and time
of such election, and shall establish the election
precincts and designate the polling places therein,
and the names of the election officers for eac\
such precinct. Such ordinance shall, prior to
such election, he published five times in a daily
newspaper, or twice in a weekly newspaper, (f
there be no such daily newspaper printed, pub-
lished and circulated in said city. Such election
shall he held and conducted, the returns thereof
canvassed, and the result thereof declared by tU
council, or other legislative body of such city, in
the manner that is now or may be hereafter pro-
vided by general law for such elections in the
particulars wherein such provision is now or
may hereafter be made therefor, and in all other
respects in the manner provided by law for gen-
eral municipal elections, in so far as the same
may he applicable thereto.

Whenever any board of freeholders shall he
elected, or any such proposed charter or amend-
ment or amendments thereto shall be suhmitted\
at a general municipal election, the laws govern-
ing the election of city officers, or the submission
of propositions to the vote of electors, shall be\
followed in so far as the same may be applicable
thereto and not inconsistent herewith.

It shall be competent in any charter framed
hy any city under the authority given in this sec-
tion, or by amendment to such charter, to pro-
vide, in addition to those provisions allowed by
this constitution and by the laws of the state, for
the establishment of a borough system of gov-
ernment for the whole or any part of the terri-
tory of such city, by which one or more districts
may be created therein, which districts shall be
known as boroughs, and which shall exercise such
special municipal powers a« may be granted by
such charter, and for the organization^ regula-
tion, government and jurisdiction of such bor-
oughs.

All the provisions of this section relating to
the city clerk shall, in any city and county, be
deemed to relate to the clerk of the legislative
body thereof.

ARGUMENT IN FAVOR OF ASSEMBLY CON-
STITUTIONAL AMENDMENT NO. 25.

This amendment has been drawn to simplify
and make definite the provisions by which cities
may frame and adopt their charters, so that the
validity of the organization of cities thereunder
can not be questioned. Two main purposes are
served by the amendment: I

First — It permits a general grant of power, as 1
to municipal affairs, to be made to a city govern- 1
ment by charter instead of necessitating the
en"meration of a long list of powers to be exer- '
cised, as has been done heretofore. The large
numbers of charter amendments offered at each
session of the legislature have been made neces-
sary because important powers have been omitted
from the original enumeration.

Second — It clears up the present uncertainty as
to the times at which a charter election may be
held, permitting the cities to hold such elections at
any time within six months prior to the regular
session of the legislature or at any time during the
regular session. As the general state election i«
held in all cities in November prior to the meet-
ing of the legislature, this will enable the cities
to hold their charter election at the same time
without additional expense.

Other improvements briefly are as follows:



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Third — Provides that petitions for charter elec-
tions shall be verified by the officer in custody of
the registration records. The present provision
puts that duty on the city clerk who, in most
cities, has nothing to do with those records.

FouHh — It extends the time for considering a
choice of freeholders to thirty days. The present
provision limits it to twenty days.

Fifth — It permits nominations for freeholder
to be made in the simple form used by many
cities in nominating municipal ofllcers, as well as
by petition under general laws.

Sixth — It permits the time for drawing a
charter to be extended sixty days with the con-
sent of the legislative body of the city. Present
requirement is that a charter shall be completed
in 120 days, which is often too short.

Seventh— -CallB for only one publication (in-
stead of ten) in the ofladal paper, and provides
further for circulation of the charter In con-
venient pamphlet form among the voters. The
blanket form of publication for charters makes
it difi9cult to read them.



Eighth — ^Allows at least sixty days for a char-
ter campaign ; time is now twenty to forty — too
short for a general circulation of the charter,
and full discussion.

Ninth — Provides that in case of confilct in the
provisions of two or more amendments to a char-
ter the one receiving the higher vote shall govern
as to matters in conflict.

Tenth — Simplifies the provision for organiaa-
tion of boroughs.

Eleventh — Reduces the length of this section
from five pages to three.

The exceeding complexity of the amendment to
this section of the constitution adopted in 1911
has raised many problems in adopting charters
or amending tliem afterwards. This amendment
clears up doubts and makes the system simple,
certain and flexible.

Wm. C. Clark,
Assemblyman Thirty-seventh District

Arthur L. Shannon,
Assemblyman Thirty-second District.



LEGISLATIVE CONTROL OF IRRIGATION, RECLAMATION
AND DRAINAGE DISTRICTS.

Assembly Constitutional Amendment 47 amending section 13 of article XI of constitution.

Present section imchanged but proviso added authorizing legislature to provide for supervision,
regulation and conduct, in such manner as it may determine, of affairs of irrigation, reclamation
or drainage districts, organized or existing under laws of this state.



Assembly Constitutional Amendment. No. 47, a
resolution to propose to the people of the
State of California an amendment to the Con-
stitution of the State of California to amend
section thirteen of article eleven relating to
supervision, regulation and conduct of the
affairs of irrigation, reclamation or drainage
districts.

The legislature of the State of California at
its regular session, commencing on the sixth day
of January, 1913, two thirds of the members
elected to each of the two houses of the said
legislature voting in favor thereof, hereby pro-
poses to the qualified electors of the state that
section thirteen of article XI of the Constitution
of the State of California be amended to read as
follows :

PROPOSED LAW.

Section 13. The legislature shall not delegate
to any special commission, private corporation,
company, association or individual any power to
make, control, appropriate, supervise or in any
way interfere with any county, city, town or
municipal improvement, money, property, or
effects, whether held in trust or otherwise, or to
levy taxes or assessments or perform any mu-
nicipal function whatever, except that the leg-
islature shall have power to provide for the
supervision, regulation and conduct, In such
manner as it may determine, of the affairs of
Irrigation districts, reclamation districts or
drainage districts, organized er existing under
any law of this state.

Section 13, article XI, proposed to be amended,
new reads as follows:

BXISTINO LAW.

Section IS. The legislature shall not delegate
to any special commission, private corporation,
company, association, or individual, any power
to make, control, appropriate. Supervise, or in
any way interfere with any county, city, town,
or munlcii^al improvement, n^oney, property, or
effects, whether held in trust or otherwise, or to
levy taxes or assessments, or perform any mu-
nicipal functions whatever.



ARGUMENT IN FAVOR OF ASSEMBLY CON-
STITUTIONAL AMENDMENT NO. 47.

Assembly Constitutional Amendment No. 47
will make no change in section 13 of article XI
of the Constitution of California except to add a
clause, following the word "whatever," to re-
move doubt as to the right of the state to pro-
vide for "the supervision, regulation and conduct"
of irrigation, reclamation and drainage districts,
in order to increase confidence in the bonds of
such districts.

In recent years considerable legislation has
been enacted, especially with reference to irriga-
tion districts, to safeguard the issuance of their
bonds and to widen the market for them.

Experience has shown, however, that some
measure of state supervision of the affairs of the
districts is desirable, at least during the period
of the construction of their work, in order to
assure investors in their bonds that the proceeds
of the bonds will be so expended that the dis-
tricts will be successful. In construing section 13
of article XI of the constitution as it now stands,
our supreme court has held that it applies to
irrigation districts.

Therefore the state could not provide for effec-
tive supervision of their affairs. It has never
been held that this section applies to reclama-
tion and drainage districts, but they have been
included In the amendment to remove any doubt
as to the right of the state to provide for their
supervision. This amendment was suggested by
representatives of the districts. It does not affect
any other interest and does not commit the state
to any policy. It simply makes possible the
adoption of such measures for strengthening the
securities of these districts as the legislature may
find to be desirable.

The amendment was unanimously approved by
both houses of the legislature after a careful in-
vestigation of its merits, as a practical measure
in furtherance of the development of California.
J. A. Murray,
Assemblyman Eighth District.
Hugh B. Bradford,
Assemblyman Eifteenth District
..gitized by C Seventeen



COUNTY CHABTEBS.

Assembly Constitutional Amendment 60 amending section 7^ of article XI of constitution.

Present section unchanged except in following particulars: Authorizes county charter framed
thorounder to relate to any matters authorized by constitution, and adds paragraph 4i authorizing
such charter to provide for discharge by county officers of certain municipal functions of any
municipality within said county incorporated under general laws which so authorize, or of any
municipality therein whose charter framed under section 8 of article XI so authorizes.



Assembly Constitutional Amendment No. 60, a
resolution to propose to the people of the
State of California an amendment to the con-
stitution of said state by amending section
seven and one half, article XI thereof relating
to charters of counties and amendments to
such charters and to the surrender thereof.
The leg:i<^lature of the State of California at its
40th regular session commencing on the sixth
c?ay of January, 1913, two thirds of all the mem-
b-^rs elected to each of the two houses of said
l'??islature votinj? there'or he^-eby proposes to
the people of the State of California that section
seven and one half of article XI of the constitu-
tion of the state be amended so as to read as
follows :

PROPOSED LAW.

Section 7 J. Any county may frame a charter
for its own government consistent with and sub-
ject to the constitution (or, having framed such
a charter, may frame a new one,) and relating
to matters authorized by provisions of the con-
stitution, by causing a board of fifteen freehold-
ers, who have been for at least five 'years quali-
fied electors thereof, to be elected by the qualified
electors of said county, at a general or special
elsction. Said board of freeholders may be so
elected in pursuance of an ordinance adopted by
the vote of three fifths of all the members of the
board of supervisors of such county, declaring
that the public interest requires the election of
such board for the purpose of preparing and pro-
posing a charter for said county, or in pursuance
of a petition of qualined electors of said county
as hereinaTter provided. Such petition, signed
by fi:tecn per centum of the qualified electors of
said county, computed upon the total number of
votes cast therein for all candidates for governor
at the last preceding general election at which a
governor was elected, praying for the election of
a board of f.f teen freeholders to prepare and pro-
pose a charter for said county, may be filed in
the office of the county clerk. It shall be the
duty of sail' county clerk, within twenty days
after the filing of said petition, to examine the
same, and to ascertain from the record of the
registration of electors of the county, whether
sail petition is signed by the requisite number of
qualified electors. If required by said clerk, the
board of supervisors shall authorize him to em-
ploy persons specially to assist him in the work
of examining such petition, and shall provide for
tlieir compensation. Upon the completion of such
examination, said clerk shall forthwith attach
to said petition his certificate, properly dated,
showing the result thereo!, and if, by said cer-
tificate, it shall appear that said petition is signed
by the requisite number of qualified electors, said
clerk shall immediately present said petition to
the board of supervisors, if it be in session, other-
wise at its next regular meeting after the date of
such certificate. Upon the adoption of such ordi-
nance, or the presentation of such petition, said
board of supervisors shall order the holding of a
special election for the purpose of electing such
board of freeholders, which said special election
shall be held not less than twenty days nor more
than sixty days after the adoption of the ordi-
nance aforesaid or the presentation of said peti-
tion to said board of supervisors; provided, that
if a general election shall occur in said county
not less than twenty days nor more than sixty
days after the adoption of the ordinance afore-
mshtoen



said, or such presentation of said petition to said
board of supervisors, said board of freeholders
may be elected at such general election. Candi-
dates for election as members of said board of
freeholders shall be nominated by petition, sub-
stantially in the same manner as may be pro-
vided by general law for the nomination, by
petition of electors, of candidates for county
offices, to be voted for at general elections. It I
shall be the duty of said board of freeholders, 1
within one hundred and twenty days after the
result of such election shall have been declared
by said board of supervisors, to prepare and pro-
pose a charter for said county, which shall be
signed in duplicate by the members of said board
of freeholders, or a majority of them, and be
filed, one copy in the office of the county clerk of
said county and the other in the office of the
county recorder thereof. Said board of super-
visors shall thereupon cause said proposed char-
ter to be published for at least ten times In a
daily newspaper of general circulation, printed,
published and circulated In said county; pro-
vided, that in any county where no such daily
newspaper is printed, published and circulated,
such proposed charter shall be published for at
least three times In at least one weekly news-
paper, of general circulation, printed, published
and circulated in such county ; and provided, that
in any county where neither such daily nor such
weekly newspaper is printed, published and cir-
culated, a copy of such proposed charter shall be
posted by the county clerk in three public places
in said county, and on or near the entrance to at
least one public schoolhouse in each school dis-
trict in said county, and the first publication or
the posting of such proposed charter shall be
made within fifteen days after the filing of a
copy thereof, as aforesaid, in the office of the
county clerk. Said proposed charter shall be
submitted by said board of supervisors to the
qualified electors of said county at a special elec-
tion held not less than thirty days nor more than
sixty days after the completion of such publica-
tion, or after such posting; provided, that if a
general election shall occur in said county not
less than thirty days nor more than sixty days
after the completion of such publication, or after
such posting, then such proposed charter may
be so submitted at such general election. If a
majority of said qualified electors, voting thereon
at such general or special election, shall vote in
favor of such proposed charter, it shall be deemed
to be ratified, and shall be forthwith submitted
to the legislature, if it be in regular session,
otherwise at its next regular session, or it may
be submitted to the legislature in extraordinary
session, for its approval or rejection as a whole,
without power of alteration or amendment. Such
approval may be made by concurrent resolution,
and if approved by a majority vote of the mem-
bers elected to each house, such charter shall be-
come the charter of such county and shall become



Online LibraryCalifornia Legislative Counsel Bureau California. Secretary of StateAmendments to the Constitution and proposed statutes : with arguments ... → online text (page 5 of 36)