Every charter requires that certain important matters can be disposed of only by ordinance; such as the granting of franchises, the purchase or sale of real estate, the appropriation of money exceeding a certain amount, usually from $100 to $500, etc.

The powers that may be exercised by the council or board of trustees are definitely stated in the charter, and it is strictly limited to these powers.1 They are practically the same in all cities, and include the power to levy taxes; to equalize assessments; to appropriate the city revenues ; to pass ordinances providing for the control, care, and use of streets, sidewalks, parks, playgrounds, wharves, docks, public buildings, and all other kinds of city property; to provide for the construction of new buildings, the opening of new streets, the putting in of sewers, and for all other necessary construction work; to grant franchises, subject to such limitations as may be specified in the charter; and, in the general exercise of the police power of the city, to grant licenses, abate nuisances, regulate or prohibit all business enterprises that may be dangerous to the general welfare, as well as to provide for the preservation of order, and the protection of the public health, safety, and morals.

The council or board of trustees, like a county board of supervisors, exercises both legislative and executive functions in all towns using the fifth and sixth class and special charters, and in many of those using freeholders' charters. This is especially true in all cities having the commission

1 In Von Schmidt vs. Widber, 105 Cal. 151, the state supreme court declares that a "municipal corporation can exercise no powers except those which are (1) granted in express words, or (2) are necessarily implied or incident to powers expressly granted, or (3) those indispensable to the declared objects and purposes of the corporation; and any reasonable doubt concerning the existence of any power is to be resolved against the municipal corporation."

See also 20 Cal. 98; and 106 Cal. 237.

plan of government. On the other hand, in some of our larger cities, the work of the council is almost exclusively legislative, the executive work being turned over to other officers and boards.

Councilmen and trustees, more than any other city officers, except the mayor in a large city, should be men of ability and character, because no other officers are subjected to so many and so great temptations as they. Dangerous and questionable business enterprises desire licenses and often employ corrupt means to obtain them; private corporations seek franchises at a fraction of their value. Because such officers have many times proved unfaithful to the trust imposed in them, most city charters provide for the recall, the initiative, and the referendum; and the legislature of 1911, by a general law, granted these powers to the voters of every city in the state.1 Some charters by a special provision make it impossible for franchises to be renewed without the consent of the voters, while in every city the granting of a franchise may be set aside by the use of the referendum.

86. The Recall, Initiative, and Referendum. - The procedure for bringing the recall, the initiative, and the referendum into operation is outlined in the law and in the various freeholders' charters. In cities where the voters have these powers by virtue of the state law, the procedure in each case is the same as that required of the voters of a county in respect to the same matter. (See §§ 69, 72.) The number of signatures to the petition in the case of the initiative must equal 10 per cent, or 20 per cent,2 of the

1 The law in respect of any one of these powers does not apply to any city whose charter provides for it.

? The larger percentage necessitates a special election.

votes cast in the city for all candidates for governor at the last state election. In the case of the referendum signatures equal to 10 per cent of the votes cast for governor are required. In the case of the recall, signatures equal to 25 per cent of the votes cast for the office in question at the last municipal election are required. In cities whose charters provide for these powers, the percentages vary from 5 to 40 per cent.1 The procedure in each case is practically the same as that outlined in the general law, except that in the case of the recall, the officer whose removal is sought is deemed a candidate at the recall election unless he requests otherwise.2

87. The Mayor. - Cities and towns using fifth and sixth class charters, four towns using special charters,3 and four cities or towns using freeholders' charters have no mayors elected by the people. Each of these cities or towns elects a board of trustees or a city council; this body elects one of its number president, and he becomes the mayor" of the city. In these cities the mayor has very

1 A good many people who are interested in municipal problems believe that our laws and charters make it too easy for a dissatisfied minority to force recall, initiative, and referendum elections. Mr. William J. Lock, editor of "Pacific Municipalities," in the November (1912) issue of that publication, suggests that the soliciting of signatures to petitions for such elections be prohibited; and that all such petitions be left at certain specified public places for signatures. He points out that signatures are often procured by professional solicitors for a consideration, and that the issues involved are often misrepresented. He also suggests that counter petitions be permitted in order that the friends of an officer whose recall is proposed, the opponents of an initiative measure, or the supporters of a measure on which a referendary vote is desired, may have an opportunity to prevent the expense and turmoil of an election in case they are able to show a greater number of signatures than those who are trying to force the issue. See outlines of the Long Beach and the Vallejo charters, Appendix E.

2 According to the Santa Cruz charter he is not a candidate.

3 Alviso, Santa Clara, Marysville, and Nevada City.

4 Richmond, Palo Alto, Pasadena, and Sacramento.

little power except to preside over the board or council at its meetings, and to exercise general supervision over municipal business. He represents the municipality at social functions. Most cities using freeholders' charters have mayors elected by the people.

The measure of power that should be given to the mayor is one of the unsolved problems of city government. Our California cities have met this problem in different ways. In some, he is little more than the presiding officer of the city council or board of trustees; in others, he has executive authority independent of the council, but of a strictly limited character; in still others, he has very extensive powers. His relation to the city council and to other city officers determines the extent of his power. If he has the veto power, he is an important factor in city legislation. If he has the power to appoint a large number of city officers, and to dismiss those who fail to render efficient service, he is the real head of the city government. Charters differ widely as to the extent of power granted to the mayor in these particulars.

All mayors serve the state as well as their respective cities by seeing that state laws are enforced within city limits. They may thus be regarded as state officers, and are usually given a large measure of power over the police department. As city officers they must enforce city ordinances, and usually have an important part in the management of the municipal affairs of their respective cities.

88. The City Clerk. Each city has a clerk to keep a record of all orders, resolutions, and ordinances passed by the council or board of trustees. He issues burial permits in cities having no health officers, and performs such duties in connection with elections and other matters as are re

quired of him by the city charter or by the state law. In some cities he is elected, in others he is appointed by the council or board of trustees.

89. Financial Officers and Finances. City assessors, tax collectors, treasurers, and auditors are elected or appointed according to charter provisions. Special, fifth, and sixth class charters, and most of the older freeholders' charters provide that they shall be elected, while the more recent freeholders' charters provide that they shall be appointed, except that some of these charters provide for an elective auditor. Their duties are similar to those of the corresponding county officers. This is equivalent to saying that city finances are managed in the same manner as county finances. That is, the city council or board of trustees makes up the annual budget, imposes the tax, equalizes assessments, and appropriates the municipal revenues; while property is assessed, taxes are collected, the money is kept, and claims are audited by the respective financial officers.

The sources from which the city derives its income may be summed up as follows:

I. Fines imposed by police courts.

2. Licenses and franchises.

3. Fees collected by city officers.

4. Receipts from business enterprises. For example, a city may own a water system and sell water to its people.

5. Taxes imposed by the legislative body. Most charters contain a limit beyond which the taxes cannot go, except for the payment of the principal and interest of bonded debts.

6. Receipts from the sale of bonds. Before the council or board of trustees can issue or sell bonds it must call an election, and two thirds of the votes cast must favor the proposition. The state law forbids any city to owe more money at any time than fifteen per cent of