San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1892-06-07

3 q Cook permission to re move
butcher shop Market,
9. Q. Mclean to erect an awning.
Fire.
Shafer & Braden to put in sewer
from Park evenue to San Pedro ditch.
Granted.
| THE REPORTS OF OFFICERS.
City Attorney Bergstrom, obeying a
resolution passed by the council some
time ago, ordering him to report
whether or not the city had the right
TO regulate the hours and rates of the
street car companies, submitted his
| opinion as follows, which was referred
to the committee on streets and bridg-
es with instructions to draft q suita BILE
ordinance for purposes referred to:
To the Honorable Mayor and Board of
| Aldermen:
"Geutlemen-With reference to the
power of the city of San Antonio to
| regulate and control the manner of
| running street cars by street railway
| companies, aud to fix reasona BILE COM
pensation for such services, / am of
| opinion that the city has such power.
| lt is no longer an open question that
| the legislature OF the state has the
| power to make all reasonable regula-
tion as to the manner in which ser.
vices are to be rendered by persons
or corporations engaged In occupa-
tions which affect the public gener-
ally, and that they have the power to
fix the compensation for which such
services shall be rendered, provided
only that such regulations and
such compensation are reasonable,
| and that such compensation shall
afford a reasonable return on the
capital invested in such business
| enterprise. The legislature of the
| state of Texas has given to the city OF
San Antonio by its charter the fol-
| lowing power, section 100, exclusive.
~ to prevent, control and regulate
everything connected with city rail-
roads and to make such rules and
| regulations for the same as the city
council may deem necessary This
provision Is ample In its scope and
sufficiently comprehensive TO give
| the city of San Antonio the same
| powers with reference to the reguls
tions of street railroads in the city OF
San Antonio as the legislature itself
| has.
with reference to the question as
to whether street railways, telephone
companies, or any other persons can
be required to pay license tax for
the privilege of operating such street
railroads or maintaining poles or
wires in the streets, am of the Opin-
ion that such license tax can be i'm
posed by the city.
"In the case of Memphis Gas Light
company We, shelby County Tax Dis
trict 100, U. 8 39S, 10 which the su-
!. preme court of the United States up.
held a license tax upon a corporation
which had acquired by its charter
the privilege OF erecting gasworks and
Masking and selling gas for fifty years,
the court said:
| 1.-THE argum snt of counsel is that If
no express contract against taxation
can be found here it must be implied,
because to permit the state to tax
this company oy q license tax for the
privilege granted by its charter is to
destroy that privilege. But the an
swer is that the company took their
charter subject to the same right of
taxation in the state that applies to
all other privileges and to all other
property. If they wished or intended
to have an exemption of any kind
from taxation, or felt that 1t was nee.
essary to the profitable working of
their business, they should have re-
quired a provision to that effect in
their charter.
THE legislature of the state having
granted to the City OF San Antonio by
its charter the power to license, tax
and regulate all, trades, professions
occupations and calIings, the taxing
of which is not prohibited by the
constitution of the state; therefore,
the city has the same power to ii.
cense and tax such occupation as the
state legislature has, with but one
Limitation, that If any such occupa
ton Is taxed by the state then the
city Is limited to charge of one-half
the license tax imposed by the state
I imposed no such license tax for state
reasonable license for such privileges.
Very respectfully,
OSCAR BERGsTRoM, City Attorney"
The Finance committee reported
that the report of the city treasurer
had been examined and found cor.
rect. The Addison statement was
J also found correct.
The committee reported favorably
, on the petition OF citizens asking that
! an oil inspector be appointed and ad-
| vised thas $50 per month be appropri.
ated for that purpose.
: A statement for the appropriations
! for the fiscal year ending May 3lst,
1893. was handed in and on it's third
reading was adopted. Beckman and
Hoefiing voting 10. The committee
, to whom Hoefiing's house numbering
= ordinance was offered, reported un-
| fa unr hlu ON LIZ