I the bill with his veto.1 The objections offered actically the same as those which he had submitted e vetoed the bill incorporating Los Angeles about eeks earlier, and as these will be given presently ed not detain us here. On February 27th the bill sed over the Governor's veto by both Houses-in the y by a vote of sixteen to five, and in the Senate by two.2 The provisions for government laid down in were practically the same as those enacted under ral law of March 18th.3

was introduced in the Senate by Hoppe on Januto incorporate Los Angeles. On the 15th it was econd time and laid on the table. The next day it en from the table and referred to the committee on ions, and the committee reported on the 22nd. y of Los Angeles already has a charter or grant from her government," they believed, "which gives the nts of that place, to a certain extent, the rights and s of a municipality." They further reported the f lands claimed by said city, "according to verbal ion obtained," to be four square Spanish leagues. charter, if there had ever been one, was not acceswever, and if it were, the committee doubted whether

ls of California Legislature, 1850, 890.

183 and 914.

ll will be found in the Statutes of California, 1850, 70-74. It is d March 11th.

ils of California Legislature, 1850, 87.

13, 103-1040

there was any tribunal in the country that could adjudicate its merits. Furthermore they were of the opinion "that no law passed by this Legislature can affect any right or privilege claimed by any town or city under a written grant or charter from the former government." They therefore recommended the passage of the bill with certain amendments.1

The committee's report was accepted by the Senate and the bill was sent to the Assembly. Further amendments were introduced there and these were accepted by the Senate on the 28th. On the 31st the bill was presented to the Governor for his signature.3

But the advocates of the bill were doomed to disappointment. On February 8th it was returned to the Senate with the Governor's veto. He offered two reasons for opposing it: it was a special act to incorporate a city, and it was unconstitutional. He recommended the passage of some general act for the incorporation of cities. Such an act should provide for two classes: cities upon navigable waters, and inland cities. Two kinds of general provisions could be embodied in one bill which would provide for the incorporation of both classes. If this were done, the Legislature would not have to pass special acts of incorporation so frequently.

The second objection, however, was more serious than the first. The act as passed was a direct violation of the thirtyseventh section of the fourth article of the constitution,

1 Journals of California Legislature, 1850, 538.

2 Ibid., 112, 114.

3 Ibid., 126.

aid "it shall be the duty of the Legislature to prothe organization of cities and incorporated villages, restrict their power of taxation, assessment, borhoney" etc. The bill submitted granted "unlimited of taxation under a condition, not a restriction; and eats the end and object of the constitution.” 1 ays later, February 13th, the Senate passed the bill Governor's veto by a unanimous vote.2 On the 14th nt to the Assembly with the Governor's message, failed to pass with the necessary two-thirds mahe vote being fourteen in favor to eleven against.' considered the next day, and a second time failed to vote being sixteen in favor of passing to twelve A notice was then sent to the Senate that the bill been accepted by two-thirds of that body, and on th Hydenfeldt, a member of the Senate from San ', gave notice that he would again at the expiration ys introduce a bill to charter Los Angeles." This on the 13th, and the bill passed by a vote of ten It was sent to the Assembly and referred to the e on corporations.8 On the 25th it passed the Asith amendments, and on the 27th was returned to of California Legislature, 1850, 137-41.

1-52.

4.

5.

7-58.

7.

9.

10 and 1013.

the Senate.

The amendment was accepted by the Senate, and on April 4th the bill was signed by the Governor.2 As passed the bill declared the city to be "incorporated according to the provisions of the act entitled 'An act to provide for the incorporation of cities' approved March 18th." Boundaries were named, the number of councilmen fixed at seven, and the rights of the corporation declared to be all those exercised by the city under Mexican rule.3

The general act under which Los Angeles was finally incorporated probably grew out of the Governor's recommendations accompanying his veto of the Los Angeles bill, as already indicated. It was introduced in the Assembly the day after (February 15th) the Governor's veto message was received by that body, and was brought forward by a man-Crittenden, a representative from Los Angeleswho had voted against passing the Los Angeles bill over the Governor's veto. On the 19th it passed the Assembly by a vote of eighteen to two, and on the same day was sent to the Senate with the notice that the Assembly had been unable to pass the Los Angeles bill over the Governor's veto." The bill providing for a general act to incorporate cities was referred to the committee on corporations, and on February 27th, Bidwell, chairman of the committee, reported the bill without amendments and recommended that it be

2

y passed." 1 It was amended somewhat in the ee of the whole in the Senate and passed March 1st.' nded bill was referred to the committee on corporache Assembly March 4th, and the first of the amendproposed by the Senate, slightly changed. The ccepted the amendment to their amendment March vote of seven to three. On the 16th the bill was d to the Governor, and was signed by him two days As already indicated, it is dated March 11th in the of California for 1850. The dates given in the of the Senate and Assembly, together with the referthe Los Angeles bill already cited, indicate clearly hould be dated March 18th.

ally adopted the bill provided that any city having tion of more than two thousand might be incorpoon application, either by the Legislature or by the the county in which it was located. Special acts of ation were to define boundaries and declare cities ated under this act, "with such changes as may be named." A town or village desiring incorporation present a petition signed by the majority of the in the town to the county court, setting forth the ies of the town and asking to be incorporated under of March 18th. If the court were satisfied that the

Is of California Legislature, 1850, 181.

€90.

944, 945-46.

-96-97.