cisco all the powers that such officers exercise in other counties, because there are no corresponding city officers to whom any of their powers could be granted. This is true of the superior judges, the recorder, the coroner, and the public administrator.

San Francisco was first incorporated in 1850. At that time it was a part of San Francisco county. In 1856 the county was divided, the northern part becoming the city and county of San Francisco, and the southern part the county of San Mateo. The formation of the city and county was effected by a special act of the legislature. This act outlined the government of the corporation, and, although it was amended many times by succeeding sessions of the legislature,1 it served as the charter of the city and county until 1899, when the freeholders' charter now in use was obtained. Sacramento became a city and county by a special act passed in 1858, but this act was repealed in 1863; and the city was reincorporated as the city of Sacramento, becoming once more a part of Sacramento county.

The present constitution forbids the formation of consolidated cities and counties, as well as of cities, by special acts of the legislature. The restrictions also on the legislature relative to the formation of new counties (article XI, section 3) make the matter even more difficult. No new consolidated cities and counties can be formed until the legislature finds a way by which it can be done according to general law, and this is probably impossible until the constitution in this regard can be amended.

QUESTIONS

1. What is the difference in meaning between the word town as used in California and in New England? Does the word city have the same meaning in both places ?

1 It was last amended in 1878 because the new constitution which was adopted in 1879 made further special legislation of that nature impossible.

2. If a special charter cannot be amended, how can a town that is governed by such a charter make any change in its government? 3. What is the difference between a special and a freeholders' charter ?

4. What is the relation between the two statements that a community cannot be incorporated without its consent, and that the boundaries of a city cannot be changed without its consent as well as the consent of others that may be affected thereby?

5. How does a city differ from a county in its relation to the state? 6. What are municipal affairs?

7. How does a city differ from a county in the matter of its liability for the mistakes of its officers?

8. To what extent is a city subtracted from the county in which it is located?

CHAPTER VIII

CITY GOVERNMENT-GENERAL MUNICIPAL OFFICERS

The charter of a

83. The Contents of City Charters. city is a written statement of its powers, and an outline of its form of government. To be somewhat more specific, it states what officers the city shall have, what their qualifications must be, how they shall be chosen, how long they shall serve, what their powers and duties shall be, and how they may be held to a strict performance of their duties. It provides for the various departments of the city government and assigns to each department its proper work and its corps of officers. In addition, it contains numerous provisions relative to the manner in which elections shall be conducted, the granting of franchises, the purchase of supplies for the various departments of the city government, the levying of taxes, the control of finances, and other important matters.

Although city charters are alike in many respects, they differ widely from one another. Appendix E contains outlines of the contents of the various charters in use in California.

84. Officers and Departments. — Each charter provides for the general officers of the city, and assigns to them their duties. In larger cities various departments are provided for, each one usually consisting of certain of the general officers and certain special officers and employees. Charters differ widely as to details respecting these matters, but

the following outline gives a general survey of city govern.

ment:

I. The General Municipal Officers.1

1. The Principal Governing Board.

2. The Mayor.

3. The City Clerk.

4. The financial officers: the Assessor, Tax Collector, Treasurer, and Auditor.

5. The City Attorney.

6. The Police Judge or Judges. II. The Municipal Departments.

1. The Departments of Public Safety.

a. The Police Department.

b. The Fire Department.
c. The Health Department.

2. Other Municipal Departments.

a. The Department of Public Works, including street

work.

b. The Department of Public Supplies.

c. The Departments of Public Utilities.
d. The Park Department.

e. The Playground Department.
3. The Departments of Education.
a. The School Department.
b. The Library Department.

4. Miscellaneous Departments.

a. The Civil Service Commission.

b. Other Governmental agencies.

We shall in this chapter and the one following

1 Other officers may be regarded as departmental officers, as they are engaged in special work in connection with the various departments.

CIVIL GOV. IN CAL. 9

briefly consider these various officers and departments in the order in which they are given.

85. The Principal Governing Board. The principal governing board of a city consists of a group of officers called councilmen, trustees, or commissioners, except in San Francisco where they are called supervisors, and in Watsonville where they are called aldermen. Their number in each city depends upon the charter. San Francisco has eighteen, some cities have nine, some seven, but most cities have five.

The council or board, like the county board of supervisors, acts by issuing orders and passing resolutions and ordinances. The manner in which it may legally act is determined by the charter in each city. At least a majority vote is required in every case, and more than a majority in certain matters. Some charters give the mayor the veto power, and some do not; and many charters grant to the people the veto power in the form of the referendum, as well as the power to pass ordinances, even against the wish of the council or board of trustees, by means of the initiative. In every case, the passing of an ordinance requires a longer time and the observance of more exacting regulations than the passing of a resolution or the issuing of an order. Thus after the introduction of an ordinance it is referred to a committee which subsequently reports in favor of its adoption or rejection. It cannot be put upon its final passage until a certain time after its introduction, which is usually five or ten days according to the provisions of the charter. After its final passage it cannot go into effect for a certain number of days, usually thirty, unless it is an "emergency" measure. An order or a resolution may be introduced and passed at the same meeting.