The morning call., 1891-07-17
THEY MUST BE PAID.
The District Attorney Differs
With the Auditor,
AID Advises That the Supervisors May En-
large the Fire Department When
Deemed Necessary.

District Attorney w. S. Barnes, In a
lengthy document filed with the Board of
Supervisors yesterday. delivered an opinion
OF considerable Importance to the Fire De-
partment. The opinion was made in re-
spouse to request of the Board of Super
visors for his views on the appeals of GER
tain members of the Fire Department from
the decision and action of the Auditor in
refusing to audit their respective demands
for salary for the month of May, 1891.
Auditor Smiley's action was based on the
ground that the Consolidation Act only per-
mltted the employment oil a certain limited
number of officers and employees. He re-
fused to audit Rainey's salary for the reason
that he had not performed his work and did
not deserve his salary.
THE SUPERVISORS HAVE THE POWER.
The District Attorney holds that the
weight of authority is that municipal corpo-
rations have the power under the general
welfare clauses without express legislative
grant to establish fire limits. forbidding the
erection of wooden buildings within such
limits, when such regulations are not incon-
sistent with the general laws of the State,
and to make other regulations to insure
against fire. In California the Constitution
N-N'S'S -, AoSNbioh ~ opcClaiiy CEipo"Ci D
the Board of Supervisors Of any county to
make and enforce within its limits all such
local police, sanitary and other regulations
as are not in conflict with general laws.
The power to take all necessary measures
10 prevent fires is of prime Importance to
tne citizens of every community, IL be-
longs to that class of powers exercised for
sei1-preSeryatOn which are inherent in
every municipality, aud which do not need
the authorization Of an express grant
Every precaution possible should be taken
10 prevent the destruction of property and
the danger to life incident to conflagrati 0ns.
SHOULD BE LOCALLY REGULATED.
The prevention OF fires in towns and cities
is peculiarly matter for local legislation
ana Is universally so regarded. II belongs
TO the ordinary police powers OF city, and
unless such course is inconsistent with the
LEGISLATION of the State touching the subject
IL seems TO be presumptlvely authorized by
general grant of power TO provide for the
safety and welfare of the inhabitants.
The Board of Supervisors authorized the
appointment of three district engineers, aud
District Attorney Barnes holds that the
power to make such is clearly conferred by
the Consolidation Act itself.
Such being the powers Of the Supervisors
they might without doubt double the ap-
paratus of the department if in their judg-
ment it should be necessary. The sole
limitation placed upon the exercise of the
police powers of the municipality is that
they shall not conflict with general laws.
THE APPEAL SUSTAINED.
MIR. Barnes is therefore of the opinion
that the appeal should be sustained, and the
salaries of the District Engineers and ex-
tra-rnen should be audited and approved by
the board and paid by the Treasurer. In
regard to the appeal of Samuel Rainey, the
objection urged against the auditing Of his
demand being that he has not performed the
duties of his office, the District Attorney
holds that is solely a question of fact, and
can have 40 place in the opinion.
The following are the employees OF the de-
partment affected by the decision: G. II.
Walsh, District Engineer. $3.50; John Will
lis, District Engineer, $50; Tim Shea,
hostler. SIS; Joseph J. Gully, substitute
hydrant man, $40 "a Joe Burnett, assist
ant drayman, $50; Samuel Raney, Super
intendent of engines, $50; John Conk,
stoker and clerk, Engine Z, S95; Alex
Greggains, eXtra-man Engine 6, S35;
Thomas McAvoy, extra-man Engine l. S35
J. Ii. Johnson, extra-man Engine 4. $50 !;
Joseph Shields, extra-man Engine Z. SIS;
James E. Kenny, extra man Z CINE Z $50 !;
William Cunningham, engineer Engine Z,
Sl40; James McQueeny, stoker Engine II,
500