The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1893-04-21
WRIT OF MANDATE.
Water Question Brought
to an Issue.
SUPERVISORS TO ANSWER
A Private Citizen Brings Suit to Test
the Effect of Mayor Ell
lert'S Veto.
The water war goes merriIy on.

Oh mandate 10 Compel the Board OF super
visors to show cause why they should not
act upon the Mayors veto.
The somewhat similar writ recently
| asked and granted to r u. Collins differs
| from the present In that Collins writ de-
mapded OF the board tbatit take immediate
action upon the veto of the Mayor of the
new ordinance, while the present applica-
ton demands that they shall respect the
Mayors veto of the ordinance and proceed
to pass new one in accordance with the
suggestions outlined in the veto.
Ostensbly it is an application by julius
Jacobs. private citizen. against the Board
OF Supervisors, and the issue is, OF course,
the validity of the Mayors veto.
The application Is made by Julius Jacobs,
the well-known insurance man, against the
| individual members of the board, and al
leges as follows:
Tina; the petitioner is beneficiaIly inter-
ested in the matter and has the necessary
| qualifications as such petitioner.
| That the city and county of San Fran
cisco has never possessed, and never had
| any public works owned or controlled, in
| whole or in part, for the supply of water.
| but that more than ninety-nne hundredths
| OF the whole supply is furnished by cor
| p0ration known as the Spring Valley Water
| Company.
| That the city and county of San Fran
| cisco Is large consumer of water, supplied
| by the said Spring Valley Water Company,
| at Price according TO rates TO be fixed. as
| hereinafter alleged, by the said Board of
| Supervisors; that the amount of money
| for which the city and county of San
| francisco is now chargeable annually is
over the sum Of 5000, and that the con-
| sumption and the amount of compensation
| for which the city and county will be liable
| are constantly increasing.
| That under the constitution Of the State of
| California II became and was the duty OF
/ the Board of Supervisors 10 fix in the month
| OF February OF the current year the rates
| OF compensation to be collected by the COM
| pany for the use of water supplies to the
| city and county of San Francisco and its
| Inhabitants, and to fix these rates by an or
| dlnance In tue manner that other ordinances
| or legislative acts are passed by the Board
| OF Supervisors. and which said rates and
| compensation so fixed were to be continued
in force for one year from and after July l,
| 1898.
That neither the defendants constituting
| the Board of Supervisors. nor the municipal
| government OF the city and county of San
| Francisco, did during the month of Feb
| Tuary, 1893 nor has 1t at any other time,
| fixed by ordinance, an order or resolution,
| or in any other manner, the rates or COM
| peDsatiOn TO be collected by the persons,
| companies or corporations above referred
| to, for the use of water supplied to the city
| OF lis iu0aDlldnt5 lot lU6 year commencing
| on the list day oil July, 1888, and said de-
| PENDANTS, the Board of Supervisors, have
| by resolutions adopted by majority in the
manner herein before alleged refused and
| officially declared and resolved that they
| would not fix said rates or compensation for
! said year.
And the applicant further alleges that at
a stated meeting OF said board a certain
ordinance hereinafter particularly referred
To and known as Order 1922 was introduced
| and presented TO said board and thereupon
was by vote Of the majority passed to
| print and ordered to be ana was printed.
| That afterward at a stated meeting of the
| said board, held on the 9th day of March,
| 1893, and after said order had been pub
| lished, said order was by majority of the
board ADOPTED.
That the right of the persons, companies
| or corporations referred to to collect water
| rates and compensations for the water sup
| Piled to the city and county of San Fran
| cisco Is franchise ana privilege, and can
| not be exercised except by authority of the
| municipal government Of the city and county
| of San Francisco, nor till after the rates
| ard Conversations to be collected for the
| use of the water have been fixed by an
ordinance passed by the board in the man.
ner provided by the constitution aud the
| consolidation act.
That said order so passed by the defend
| ants involved and necessitated the expeudi-
| ture Of public moneys of said city and
| county OF San Francisco during the year
| commencing on the 1St day of July, 1893, to
the amount Of over $4,000 for water fur
| nished by the said persons, companies and
| corporations to and necessarily required by
| the city and county of San Francisco, for
| bydrants and public buildings, and other
| public purposes during said year.
That after the adoption of said order and
Oh the 2Sth day of March, 1898, said Or
| dnance was presented. as required by the
consolidation act, to l.. r. Ellert, as Mayor
of the city and county of San Francisco and
| ex-oflicio president of said board, for his
approval and thereafter. on the 18th day Of
April. 1898, and within ten days after its
| presentation, said l.. r. Ebert, as said
Mayor and ex-otficio president, refused to
| approve said ordinance and returned the
same to the board without his approval and
| with his objections thereto in writing.
| That thereafter, on the 10Th day of April,
| $685. and at the first stated meeting of the
| Board of Supervisors subsequent 10 the re-
| turn OF said ordinance as above set forth,
| the said board refused to enter the MAYORS
| objections on its journal and refused to
have them published, as provided for in the
| consolidation act, but thereupon passed
and adopted by majority vote, and by less
than nine votes, resolution refusing TO
| take any action whatever with respect 10
| said ordinance and said objections.
That nOtw thstanding the refusal of the
| said Board OF Supervisors to have the SAID
| objections and veto of the Mayor nuh-
lisned, the same were thereafter. on the lIth
day of April. 1893. by and under the direc-
| ton of the clerk of said board, published in
the Daily Report.
That thereafter and on the 17th day of
| April, 1885, and Al the first stated meeting
| of the Board of Supervisors, the said
| publication of said order, the said objec-
| tiOns of said Mayor to, and the veto of said
| Mayor of said order was duly called up be-
| fore said board for action, wheTeupon said
| beard by vote of seven only of said de-
PENDANTS refused to act upon said objections
and veto or to entertain the same, and
| refused TO recognize the right of said Mayor
| 20 either approve or disapprove OF said
order, and refused to further proceed with
| the fixing OF water rates for said year COM
| mencing with July /, 1888
That said defendants, as such Board of
| Supervisors, have never adopted any ordi-
| nance, or order, or resolution fixing the
| rates or compensation to be collected by the
| persons, companies or corporations hereiu-
before referred to for the use of water To be
| supplied to the city and county of San Fran
cisco and the inhabitants thereof for the We AT
| commencing on said LIST day Of July, 1893.
| other than said order 1922 so disapproyed by
said Mayor, and which said order is, rs the
applicant herein is informed and believes,
OF no force and effect, and void.
That The applicant is benefeially Interest
| ed in the fixing of water rates by said Board
| OF Supervisors Tor the said year commence
| ing July ], 1892, ana has no plain. speedy or
adequate remedy in the ordinary courts of
| ia" W ,"n'Sh no o"u Coulpel sdiU water
| rates to be fixed, and he is informed and be-
| lleves, and therefore AYERS, that it is the
duty of the defendants composing said
Board Of Supervisors TO act upon the obiec
tions of the Mayor above set forth and to
fix water rates for said year commencing
| July l. 1898, and that by reason of their
| refusal to act as above set forth they have
violated duty specially eDjoined upon them
by law.
| Wherefore the applicant prays that an
alternative writ of mandate issue out of this
court directed 10 the Board of Supervisors
and directing them to act upon the on
| jections of the Mayor and president of the
board 10 said ordinance and to proceed TO
fix said water rates for the year commenc-
Ing July /. 1898. and in the event of their
| refusal to so act to be and appear before
this court on day and hour fixed and to
/ shnM cause why n NE re m ntnrv ~ rit =. - =