The morning call., 1891-01-24
NEW STREET LAWS.
Tinkering With What Is Known
as the Vr00man Act.
Provisions for Changing Established Grades
Fourteen Additional Sections to
Be Proposed.

II there is any virtue in legislative tnk-
ering it would seem that the street Ia"
ought to be pretty nearly perfect by TINS
time, for the oldest lawmakers can haraly
remember when the Legislature completed
a session without taking whack at 1t.
Still it is incomplete. II may suit the
needs of every other locality in the state,
but it don't suit San Francisco. therefore
it is incomplete, and must be tinkered again
The immediate cause that led to the sug-
restion of more tinkering this year was Inc
nroposed change of grade on Market street,
between Valencia and Castro, against which
there was such an uproarious howl by the
many residents on side streets, who were
going to be damaged and who had no remedy
except in legal proceedings against the city.
THE VRooMAN ACT.
la the session of the Legislature of 1888
that body groaned and groaned in its pro-
longed efforts to enact general street law.
The result of its mighty throes was the
passage of what is now Familiarity known
as the Vrooman act. 1t could not stand the
test of>the courts when applied to this city,
so was amended in 1885. This time it held
water, and ever since has been the law under
which street Improvements in this city have
been prosecuted.
Hard and heroic as were the labors of the
lawmakers, however, in evolving this new
law, they neglected to even touch upon the
important subject OF changing established
grades. Street improvements" embraces
everything upon which the law bears.
When the "Solid Nine" enacted measures
to change the present, grade Of Market
street they possibly did as well as they
could under the circumstances, but there Is
not particle of doubt in the minds of those
who have inquired into the matter with rela-
ton to its legal bearings that every one of
the prOperty-OwnerS in any way affected by
the change would have good cause OF
action against the city for damages.
CHANGE OF GRADES.
The change of that grade was greatly de-
sired, but the rights of the property-0Wners
could net be ignored, nor was il wise for the
authorities TO preciptate improvements that
would involve the city in thousand ac-
tons for damages, more or less.
This is the principal reason why the work
has been stopped for the present. But there
have been suggestions made TO the Street
Committee Of the Board of Supervisors, and
they are now under consideration, to re-
move the difficulties III the way Of that
change by amending the street law again.
On this proposed amendment the committee
have been at work for several days, giving
the matter a deal of hard study, till it is
now in complete shape and has been sub
mitted to City and County Attorney burst
think it will need to make it good.
ELABORATE AMENDMENTS.
The proposed amendment is very elab-
crate, and will be submitted in the form of
fourteen additional sections to the present
law. 1t deals entirely with proposed
changes of established grades.
The first step necessary in making such
changes if the amendment becomes law
will be the written consent or application
OF at least one-fourth OF the entire frontage
Affected. The next step Is the usual reSolu-
ton OF Intention, exactly the same as in all
street improvements now projected. This
resolution of intention, however, must set
forth specifically the district that will be
affected by the change, so that all parties
living within 1t may have the opportunity Of
protesting.
Objections to the change, or to the extent
OF the boundaries of the districts affected as
published, must be made within twenty-five
days after the first publication of the no
tee. The names OF the DIRECTORS must be
filed. and the Council, or Board of Super
yIsors. must set DAY for hearing these OBJ
jectiOns.
If no objections are made within thirty
days Of the first publication of the notice, or
II the objections are overruled and the petit
lions dismissed, then the grade shall be de-
clared changed by the board.
A PROTEST AS A BAR.
The subsequent portion of the protest pro-
yides, however that the owners, represent
ing one-half of the frontage on that portion
of the street affected by the change, shall
have the power To bar the proposed work
for six months by filing protest, unless
this protest is offset with petition by the
other One-half frontage in favor of it, In
the event that the work is barred for six
months, ii may be renewed by going through
with the same proceedings again.
The question OF damages, concerning
which the present street law is so eloquently
silent. is disposed of by providing that any
one claiming damages may file a petition in
the Su eTiOT Court, setting forth in full all
the particulars OF the proposed change, and
TO what extent the party so complaining is
about 10 be damaged, or What the damages
are likely to be in excess of benefits. Two
or more or all of the persons so interested
may unite in petition of this character
and the cnurt may hear them jointly. Be
complaining party is given due notice by the
clerk OF the court.
JUDGMENT AND APPEAL.
The Judgment of the court upon the
hearing of the petitioners is not necessarily
final. But in case dissatisfied petitioner
takes an appeal to the Supreme Court, such
appeal shall not have the effect of stopping
the work. If the higher court affirms the
Judgment he is out and injured; otherwise
he may recover some or all of the remedy he
originally sought
Tie judgment Of the Superior Court is at
once filed with the clerk of the board, and
then that body is at liberty to proceed with
its work
The appointment of Commissioners is the
next step, but it is not decided whether that
Junction should be vested in the board or
the court. The latter will probably be de-
clded upon, although the board will reserve
IL II possible, because 1t will add to their
patronage.
DUTIES OF COMMISSIONERS.
The duty of the Commissioners will be
similar tothose of commissions now provided
for in street openings and extensions They
Will be required TO assess all damages and
benefits according to their best judgment,
and II both damages and benefits accrue to
parties, the excess of one over the other shall
be decided by them. They shall be allowed
salary not to exceed $500 month, and
may continue In existence not to exceed six
motifs. All the expenses of this commits
sion are to be estimated as part of the dam
ages occaSiOned by the work in hand and
shall be reckOned in estimating the benefits.
Any member of the commission may be-
removed by the board for cause. The Com
mlssloners shall make monthly report.
but their failure to do SO VIII not affect the
validity of their WORK.
When their final report is made and filed
with the clerk Of the Board Of Supervisors
all interested parties must be notified and
ordered within a certain time to appear be-
lore the board and show cause, if they can,
why IL should not be confirmed. All obiec-
tons to the report must be in writing, and if
there are none filed within the time required
the report may be confirmed.
ASSESSMENT ROLL.
By this time the work has reached the
Superintendent of Streets. He is required
to give ten days notice that he has opened
an assessment roll, and that all assessments
must be paid within thirty days or they will
constitute lien upon the property. After
thirty days the assessments become delin-
an mar mt &c lAh txrIai nit hsa
paid within the ensuing FIVE days. Ii they
still remain unpaid at the expiration of that
time the property is sold
When by these assessments enough money
l.. L.