Newspaper Page Text
VOLUME LXXXVI-NO. 146. PRESIDENT KRUGER IN PERSON LEADS THE TRANSVAAL FORCE At the Head of Nine Thousand Men He Is Now Attacking Glencoe. Battle Being Waged Over the Ground Where the British Were Victorious on Friday and Saturday. ONDON, Oct. 23.— The Daily News publishes the following dispatch from Ladysmilh, dated Sunday night: "A large force under Commandant General Joubert and Com mander Vogan opened fire on Dundee yesterday. The I iring was con tinued to-day. The result is not known here." Daily Telegraph has received the following from Ladysmith, dated Sunday at 2:10 p. m«: The Boers, reported to be 9000 strong and under the command of ommandant General Joubert and President Kruger in person, are again to-day attacking Glencoe. General Yule, commanding our troops, has moved his camp back into a better defensive position." 'ispatch from Ladysmith, Natal, dated 4:15 yesterday afternoon, has just been received. It is a literal repetition of the Cape Town-Glencoe advices of yesterday and it is regarded as some mitwus that nothing has since been received respecting the result, especially when viewed in the light of Lord Jl'olseley's statement that General Yule's force felt it necessary to retire from Dundee to function. General Yule evidently is in a tight comer, as he noiv has, or had to face the main Boer army un- General Joubert. General Sir George Stewart White, the British commander-in-chief in Natal tndoubtedly detach part of the force which was victorious at Elands Laagte to his assistance. h a detachment, however, will leave Ladysmith poorly protected against the threatened attack from eneral Hunter on Saturday wired that the departure of the force to Elands Laagte left hit only a couple of battalions of regulars, a mountain battery and 500 Natal volunteers to de fend flu : <wn, which is the British military base in North Natal. Further news, therefore, is anxious ly <; . War Office received the following dispatch from General George Stcivart White, com mander in Natal, dated at Ladysmith Camp, 4:45 p. m. to-day: ral Yule telegraphed me 'yesterday evening that the wounded at Dundee were doing well" This greatly relieves the anxiety regarding Glencoe, as the British there had evidently not been attacked up to last evening. BELIEF THAT BRITISH HAVE MET DISASTER NEW YORK, Oct. 24. The World's Lon don correspond! I that news of a Mg disaster in Natal is keenly appre hended. The corn ipo.ndent adds that offi cial dispatches were received last rvf-ning from Generals White and rule, but on consultation between members of the Cabinet who were In th< : f'nm mons. it was decided to withhold them from the I ! 0 . Per elstent rumors were afloai that those dis patches armour rea at Giencoe. A Sun cable fri m Paris says: The Temps' London correspoi > ns to have inside Information that the war office has learned that the British were beaten In the second action at Giencoe. He says: The San Francisco Call. THE SCENE OF ACTION IN NATAL. "They sustained such losses that the war office wishes to wait news of another favorable engagement before announcing iliom." The "World's I^ondon correspondent says: The British Ministers deny knowl edge of any European coalition against England. But the organization of a special squadron and the ordering- of the channel squadron to Gibraltar are suffi cient evidence of thcflr intention to be prepared If Russia and France mean mis chief. The difficult situation in Natal will af ford the- dual alliance opportunity to de velop plan*, but reliance is placed here on the apparent friendly fueling of the KalsT to keep the hostile powers in check. HOW ELANDS LAAGTE WAS LOST AND WON LONDON, Oct. 24.— The Daily Mail pub- SAN FRAIN CISCO, TUESDAY, OCTOBER 24, 1899. I Ushes the following description of the battle of Elands Laagte from Its special war correspondent, G. W. Stevens, filed at Lady smith: "The battle was a brilliant, complete success. The Boers numbered from 1200 to 2000, and probably had about 100 killed and 150 wounded. "The fight Itself was like a practical Illustration of handbook tactics, each arm represented doing Its proper work to per fection. The Gordon Highlanders in their attack advanced in magnificent order They were Immediately saluted with a heavy fire, which told from the first "Thoir major fell with a bullet in his leg, but as he lay where he fell he lit a pipe and smoked placidly whllo the ad vance continued. As man after man dropped supports were rushed into the firing line, our men darting from cover to cover, splendidly led and ever advanc ing. As ridge after ridge was won the Highlanders still found a new ridge con fronting them, and thus they fought BRITONS AND BOERS WHO FELL AT ELANDS LAAGTE LONDON, Oct. 23.— An amend.d list of the British casualties at the battle of Elands Laagte places the number of officers killed at five and the wounded thirty, and the num ber of non-commisslonod officers and men killed at thirty-seven and wounded at one hundred and seven ty-five, the total number of casual ties being two hundred and forty seven. Ten men are missing. The following list of casualties among the Boers In the battle at Elands Laagte is given: GENERAL VILJOEN, killed. GENERAL KOCK, wounded and captured; since died. GENERAL KOCK'B SON, killed. COLONEL SCHIEL (German offi cer commanding the army), wound and a prisoner. COMMANDER PRETORIOUS, wounded; prisoner. Several Boer standards captured. BRITISH CASUALTIES. The following is an official list of the British casualties at the battle of Elands Laagte: imperialTught horse. KILLED. COLONEL SCOTT-CHISHOLM. WOUNDED. MAJOR SAMPSON. CAPTAIN ORR. CAPTAIN MULLENS. LIEUTENANT (TRRY, LIEUTENANT SHORE. LIEUTENANT BARNES. LIEUTENANT FORBES. LIEUTENANT CA M PBELL. LIEUTENANT NORMANS. SECOND BATTERY FIELD AR TILLERY. WOUNDED. CAPTAIN CAMPBELL. LIEUTENANT MANLEY. STAFF CAPTAIN BROOKE, Sev enth Hussars^ r|RST DEVONSJIIRE REGIMENT. WOUNDED. CAPTAIN LAFONE. their Weeding way until the final ridge was neared, with nearly every officer down. "Then, slamming every available man into the firing line, Manchester, Devons and Light Horse all mixed, with bugles chanting to advance, bagpipes shrieking and the battle a confused surge, our men Continued on Third Page. NEW CHARTER IS UPHELD BY STATE SUPREME COURT The Freeholders' Election Decided to Have Been Properly and Legally Conducted! All San Francisco's City and County Officers Must Now Step Down and Out and New Ones Be Chosen to Fill the Vacant Places as Soon as Possible. rHE new charter is no longer a political issue. It is now the laze of this municipality. This was judicially established yesterday by the decree of the Justices of the Supreme Court in two decisions in which there was not a dissenting voice. One case that was instituted by Super intendent of Streets Fragley, in which he attacked the validity of the late election of Freeholders who framed the new charter and assailed the later election of the charter itself. The other case related exclusively to the status of county officers. Sheriff Martin, County Clerk Dcane and other county of ficials brought action to determine that the county officers named were elected for a period of four years. While neither case was brought directly to determine the validity of the charter, the issues involved made this point a vital one in the matter and the decision of the Justices covers both questions. The cases were brought against the Mayor and the Board of Election Commissioners to restrain them from holding the coming election and to prevent them from appropriating money for that purpose. In the lower court the plaintiffs lost and the higher court holds that thebondholders election and the char ter election were legal and valid. Hence the charter stands. This also disposes of the case brought by the county officers icho sought to retain office until the expiration of the four years for which they were elected. The higher court decided that all county officers must go out of office and new ones be elected to fill the places, as provided for under the new laws of the city. The leading opinion was written by Justice Harrison and concurred in by Chief Justice Beatfy and Justice Henshaw. Another opinion was written by Justice Garoull? and concurred in by Justices Van Dyke and McFarland. In both opinions the same conclusions were readied, but by different pro cesses of reasoning. As for the opinion in the case of the county officers Justice I 'an Dyke has the honor of being its creator and all of the Justices agreed in the findings. This is one of a very few instances where the entire court has been unanimous in an important matter. The three opinions are as follows: HARRISON'S DECISION ON THE CHARTER; In Bank. Fragley. appellant, vs. Phelan et al., respond ents.-S. F. No. 2048. The Hoard of Election Commissioners of San Fm-vi -<•■> directed that' an election for Free holders to frame a charter for that city and county be held December 27. 1897, and a board of. fifteen Freeholders having been chosen upon that nay a charter framed by them was sub mitted to the voter? of the city and county at an election held therefor under the direction and control of the Board of Election Commis sioner*, on the 26th day of May, 1888, and hav ing received a majority of the votes cast at that; election was approved by the legislature on the 28th Of January, A. D. 15?9.. Under a Pro vision therefor in the charter, this Board of Election • Commissioners has directed that an election be held on the 7th day of November, ISM to fill certain offices named in th- charter The' plaintiff herein, a taxpayer of the city and county brought the -present action to enjoin certain of its officer* from incurring any ex pense in holding said election and from paying out or disbursing any of the public moneys for any expense that may he incurred In holding the election, upon the ground that the elections at which the. Freeholders were chosen, and up n the adoption of the charter framed by them, were Illegally held, and that for that reason the charter, never having been legally adopted, * After the Board of Election Commissioners had directed an election ror the Freeholders. it caused the city ■ and county to be ■ redlstricted into ■ special election ■ precincts for the H purpose of said I election, and con ■ solldated the 313 I general c 1 ection I precincts Into ■ which the city ■ had been divided Districted Into Special Election Precincts. LIEUTENANT GUNNING. < LIEUTENANT HALEY. ( LIEUTENANT GREEN. < FIRST MANCHESTER REGIMENT] WOUNDED. ] COLONEL CURRAN. < CAPTAIN MELVILLE. ( CAPTAIN NEWBIGGING. t CAPTAIN PALER. i LIEUTENANT DANKS. j FIRST LEICESTERSHIRE REGI-< MENT. J KILLED. , J LIEUTENANT HANKA. ( GORDON HIGHLANDERS. J KILLED. J MAJOR DENNE. :%- ! LIEUTENANT FANTMOSE. ) LIEUTENANT MURRAY. \ LIEUTENANT BRADBURY. < WOUNDED. J LIEUTENANT COLONEL DICK I CONYNGHAM. t MAJOR WRIGHT. ' CAPTAIN WRIGHT. . < CAPTAIN HALDANE. , < CAPTAIN BUCHANAN. < CAPTAIN MIKELJOHN. ■'. < LIEUTENANT FINDLAY. » LIEUTENANT GILL AT. LIEUTENANT CAMPBELL. ' LIEUTENANT HENNESST. < The following casualties occurred < among the rank and file: { Fifth Lancers— Three troopers \ wounded. . Imperial Light Horse— Two ser- ! grants and four troopers killed and ! thirty-five non-commissioned officers ' and men wounded. One man miss- i ing. ;',^: ( Twenty-first Field Battery— Three ( gunners wounded. , Forty-second Field Battery— Two ] gunners and a driver wounded. , First Devonshire Regiment— Twen- ' ty-nine non-commissioned officers * and men wounded. < First Manchester Regiment— Elev- ( en non-commissioned officers and < men killed and twenty-six wounded. , Gordon Highlanders— Five non- ] commissioned officers and fifteen ' men killed and fifteen non-com- ' missioned officers and sixteen men < wounded. ( for the last preceding election Into 94 special election precincts, and designated one polling place within each of said special election pre cinct?, and held the elpotion upon the adoption of the charter In the same precincts. RrtOr to the holding of each of said elections th>> Board of Election Commissioners provided for supple mental registration at the office of the Regis trar, at the City Hall, but made no provision for precinct registration. Prior to the consoli dation of the precincts, as aforesaid, the hoard passed a resolution that the special election for Freeholders should be conducted In accordance with the act relating to the election of Free holders and charters, aproved March 31, 1597 (Statutes of 1897. p. 2SS), and that the number of votes for each special election precinct be estimated at 750, or as near thereto as possible. The Superior Court rendered judgment In fa vor of the defendants, and from this judgment and an order denying a new trial the plaintiff has appealed. The grounds urged '"I herein are that the h<-i.H support of the appeal of 1897 is unconstitu tional, and that. -+- Inasmuch as the ] elections for Free- | holders and upon i - the adoption of | the charter were' held in conformi ty with the provi sions of this act, instead of under Grounds Urged to Support the Appeal. "* ' ' + the provision* of - ■ -. the net entitled ' "An act to regulftte the registration of voters, and to secure the purity of elections In \he 1 city and county of San Francisco," passed March 18, I*7*«. they were invalid, and that the charter adopted thereat was invalid, and con fers no authority to hold en election for the offices therein named. The particulars In which the invalidity of the elections is urged are that the Board of Election Commissioners had no authority to consolidate the election precincts, or to omit precinct registration, and that they i did not appoint proper election boards for the | precincts In which the elections were held. The act of IS7S was a special act relating to i San Francisco alone, and at the adoption of ; the constitution of is7<> formed a part of the charter of that city and county. By its pro , visions the conduct, management and control i of elections and matters pertaining to elections j was taken from the Board of Supervisors, which ! under the Political Code, then exercised this power in other parts of the State, and was con : l erred upon the Board of Election Commission ers therein created. Section 6of article Xl. of the 1 constitution of 1579. as originally adopted, after directing the Legislature to provide by general laws for the organization of cities and towns, • declared that "cities or towns heretofore or hereafter organized, and all charters thereof framed or adopted by authority of this con stitution, shall be subject to and controlled by general laws." In Staude vs. Election Com missioners, 61 Cal. 321, it was said that the i effect of this section was that San Francisco i "shall be subject to and controlled by such i general laws as the Legislature shall enact, other than those for the incorporation, organi zation and classification in proportion to popu lation of cities and towns." The Political Code is a general law whose force extends through out the State, and. in the absence of any qualifying words, the Legislature must be deemed to intend that its provision shall have uniform operation in all parts of the State, ' 1 and it was held in the cas> just cited that an ! amendment to section 4109 of the Political Code by which the time for the election of all city I and county officers was made uniform through ; out the State superseded a provision in the | charter of San Francisco providing a different time for the election of those officers within that city and county. In ISS9 the Legislature amended several sections of this code relating to elections by extending their provisions to each of the counties and cities and counties of the State, and by placing every board having charge and control of elections In the same i category with the Board of Supervisors in each i of the counties of the State, and making the same provisions for cities and counties as for ■ counties. By so doing it is manifest that it i was the intention of the Legislature that its provisions should be operative In San Fran cisco. The city and county of San Francisco was the only political subdivision of the State j in which any board other than the Board of Supervisors had the control and management of elections, and as was said in Staude' s case, we know judicially that it was the only city and county in the State. To the extent, there fore, that these amendments are Inconsistent with or variant from the provisions of the act of March 18, 1878, the latter is superseded, and the city and county is subject to and controlled by the provisions of the Political Code. By the act of IS7B the Board of Election Commissioners was required to divide the city and county into a A. election precincts I "as soon after I each general elec- I tion as convenl- I ent, not to exceed I ninety days." By I the amendment to I section 1127 of the I Political Code the i^i^i^i^i^i^iSi^i^i^i^i^i^iV i- Mil Is required to divide the City and covnty into election precincts "as soon be fore a general election as is convenient.". Sec tion 1129 of the Code as originally enacted grave to the Board of Supervisors in each county au thority "from time to time to change the boun daries of, create new or consolidate established precincts." But there was no provision in the act of IS7S for charging the boun daries of the election precincts when once made, until after another general election. Sec tion 1129 was, however, amended ■In . ISB9 to read as follows: "The Board of Supervisors or other board having charge and control of elections in each of • the counties and cities of the State may from time to time change the boundaries of, create new. or consolidate ■ established pre cincts; provided, that there shall always be as many precincts as shall be sufficient to make the number of votes polled at any one pre cinct to be not more than 200 as nearly as can be ascertained." Under this section, as thus amended, the authority of the Board of Elec tion Commissionere of Sun Francisco to con solidate established precincts prior to the adop tion of the amendment to section 6 of, article XI of the constitution, in IS9B. Is without ques tion, and unless that amendment has taken from them this authority they must be held to. have been authorized to consolidate the precincts for the purposes of the elections herein considered. >.",.'-■ Elections Under the old State Laws. In 159G the above clause in section 6 of article XI was amended to read as follows: "Cities or towns heretofore or hereafter organized, and all charters thereof framed or adopted by au thnrlty of this constitution, except In municipal affairs, shall be subject to and controlled by general laws." It is contended by the ap pellants that the elections for Freeholders and upon the adoption of the charter proposed by th?m were "municipal affairs." and were, therefore, not subject to or controlled by gen eral laws. Th» construction of the section as thus PRICE FIVE CENTS. amended involves a determination of the mean ins to be Riven te -4 + the term "mv nioipal affairs." as used therein. The term "af fair" is a word of. ■wide import. and has been held to be more compre hensive than the word "business." Meaning of the Words Municipal Affairs. . .-■ c Mt irrison vs, Bachert. 112 Fa. St. 322.) Although it may be difficult to Rive a definition ■ a "mu nicipal affairs." as used in th4s Bection, which will be exhaustive of precise, it cannot be that the effort ot the amendment Is to pre clude the Legislature from enaotins laws relating to matters which might, be made the subject of municipal control, or that all mu nicipalities from all general law« which the Legislature may enact. It ha:- been ntly that it may be said to have become a maxim in Jurisprudence thaf a municipal corporation has onl> such | as are given to it by Its charter, and that it must find authority in its charter or under fome general law for every municipal act which it may perform. The municipal affairs of any individual municipal corporation are. therefore, such affairs only as that municipal lty has the power to engage ;n or perform, and the municipal affairs of one city may vary greatly from those ot any other city— and this, too, whether the charter of the city hi confemd upon it bj the Legislature, or has been framed by a Board of Freenoldeni of its own choice, and afterward adopted by its citi zens and approved by th>- Legislature. In either case the municipality -•■ only tiif powers found in Its charter. If. h ■ the charter of .1 city, whether civ.-!i to it by the Legislature prior to th< constituti 1579, or frame.! by n B lard of Freeh >1 lers, con tains no pn.visinn In reference to subjects which mipht have been Included therein, that city or Its inhabitants, is not. thereby freed from legis lative control. The Legislature Is vested with ihe law-making power ol the state, and th- Keneral laws passed by it have force in all parts of thr- Stnt^ unless by virtue of some pro vision In th" constitution such effect is limited, or the law-making power has been I elsewhere. A city oinnnt claim to he exempt from gen eral laws relating to municipal affairs r is no provision relating to such affairs in the charter under which it is a. tint:, whether such charter is Ine frame. l by Itself or was given 1 1 it !•■ the ! egislature. It' in framing charter its Board of Freeholders should mako no provision for ;i public library, or : improvement of its streets, ihe peneril laws upon those sul'jecta would be operative with in that city. It is not within the constitu tional power of the Legislature, by approving a Freeholders" charter which fails to make provision upon subjects pertaining to munici pal affairs, to exempt that city from belnß subject to legislative control in referen those subjects. n..r can the city secure exemp tion from such control by omitting to mnke such provision in its charter. If by adopting a charter whi< h failed to give to it power to act upon affair- which are properly munici pal a city could be freed from any legislative control in reference to those affairs, eitl itself or by the Legislature, that city would become a veritable Alsatla. Tnder these considerations it must he held that the exception in the above clause In tion 6 Of article " . there by mem of I s :"'.. ap- I . tiiy to such municipal affairs as ate within the ticuiar muntcipal- lty to perform. General Laws Control Municipalities. ~ ~ and that every city in the State is subject to and controlled by general" laws re lating to municipal affairs, unless by virtue of some provision of the charter under which it exists and Is acting such municipal affairs may be engaged in and performed by it. Th» clause is to receive a distributive construction, and is to be read as if its language were: "Any city or town heretofore or hereafter or ganized, and every charter thereof framed or adopted by authority of this constitution, ex cept in its municipal affairs, shall be subject to and controlled by general laws." We have seen that the provisions of the act of March 18, 1878, relating to the division of San Francisco into election precincts were superseded by the amendments to the Political Code in ISS9. and that from that date these provisions of the Political Code constituted the only law upon that subject which was appli cable to San Francisco. It may be conceded that each of the elections herein considered. as well as the creation or consolidation of the precincts at which the elections were held, la a "municipal affair," but. as since the amend ment to the Political Code in 1889 there has been no provision in the charter of San Fran cisco relating to the creation or consolida tion of election precincts, the city was subject to and controlled by the general laws exist ing In reference thereto. Section 1139 Of the Political Code was in force within the city and county of San Francisco at the dates of these elections, and under " this section the consolidation of the election precincts for th« purpose of these elections was within the power conferred upon the Board of Election Commissioners. Inasmuch as the board had the power to consolidate the precincts "from time to time."' as might seem ■ proper, this pow- H<' r was not dl ■ minish>-il or It Bcx-TiiP" impair ■ 0.l by the fact Ht:< it the board ■ purported to ex ■ tee it under ■ the act of 1937. f it !. i.l author ity to consolidate the election precincts irre spective of this statute. it had the right to adopt its provisions in this respect as the basis of its consolidation, even though the Legislature had no authority to enact the statute. It is unnecessary, therefore, to de termine whether this statute is obnoxious to the charge of being special legislation, or whether it was within the power of the Legis lature to enact. The provision in section 1129 that the pre- 4 Authority to Consolidate City Precincts. 4 ■ ♦>