The morning call., 1893-02-28
The New Supervisor Makes
Five Speeches.
ELECTRIC LIGHT CHARGES.
City and County Attorney Cresswell
Is of the Opinion That the Board
May Regulate Them.

he was entitled 10 the seat recently nlled Dy
Mr.. Heyer.
Up to last evening the board had not been
rated as talking body. but the acquisition
of Mr.. Dundon threatens TO open we'll
spring OF oratory at the regular meetings.
During the evening be broke the record by
making five speeches, all OF them Of alarm
ing length.
The recommendation OF the Committee on
Finance allowing the Assessor 120 deputies
TO assess personal property next month at
a monthly salary of 500 each encountered
the opposition Of Supervisor Forman, whose
objections were based ON the ground that
the board had never been consulted In the
matter. He contended that the committee
had no right 10 offer recommendations Of
this character until they had been hrst
asked to pass on the subject by the board
Mr.. Dundon made speech taking the
same view.
When the resolution authorizing the ap-
pointment of 120 deputy Assessors came up
IL was amended on motion OF Mr. Fornian,
so as to reserve to the board the right to
name one-third of Mr.. Siebe's deputies.
The resolution, thus amended. was, now
ever, lost by tie vote.
The following resolution, introduced by
Mr.. Montgomery, was adopted:
Resolred. That our representatives in the Sem
ale and Assembly be and are hereby requested
10 use their best efforts to procure at This ses-
sion OF the Legislature the passage Of an CT 10
enable this city and county To organize and main
tain fully paid Fire Department, The said leg
islation being IN the opinion OF this board neces-
sary Tor The beller protection OF the lives and
properly OF our citizen
Mr.. Denman offered the following resolu-
lion. which was adopted:
ReSolUed, That II is the sense OF this board
that the Board Of Election Commissioners should
~ members holding
political opinions, and The legislature now in
session is hereby requested 10 pass an act TO
that effect.
Mr.. FOrman offered the following resOlu-
ton. which was adopted:
Resolrod, That the Committee on Judiciary be
and is hereby empowered aud requested 10 take
into consideration the effect and oberation of
the gener ! orders and ascertain wheiB Der The
same enforced anc II portions OF said orders
are mol enforced the Iea>ons thereof. so that the
duties of ne several officers may be better de-
fined and the general orders so amended. IL
necessary, To cary out their several provisions,
10 the end that the business OF This board may
be simplifed and our citizens have the same
privileges aud protection without favor or par
tiality.
A resolution was adopted favoring the
passage by the Legislature of Assembly bill
No. ~. 10 authorize the establishment OF
county reform schools. MeSsrs. Hinton
and Dundon favored the scheme and Mr..
Denman spoke IN opposition.
resolution was adopted denOuncing the
bill in the Legislature to provide for leasing
certain PORTIONS of Golden Gate Park.
The Office OF j. PayltZa, guard at the
House OF Correction, was declared vacated
and Malachia Ward was appointed 10 ill
the vacancy.
The following opinion fled by City and
Comfy Attorney Cresswell was referred 10
the Committee on Streets and Jighung
have the honor 10 acknowledge Ihe receipt
Of your communication. inclosing resolution
$500 Ghird sefies) which Is IN words and figures
as follows. 10 VII:
Resolution $500 QhIrd seriesl: Resolved,
that The City and County Attorney be and Is
hereby requested 10 give an opinion In writing as
TO vheiAeG OF not The Board VI Supervisors OF
The cry and county Of San Francisco is en-
powered by law 10 tx rates for companies or
corporations furnishing light generated by
electricity TO the residents and honseholders Of
tie said city aud county"
Tie Supreme Court of the United States has
said: When one devotes his property 10 a use
IN which Tie pubIs has an interest. he, 10 effect
grants 10 Tie Iubc aH interest In that use. and
must submit 20 be controlled by tie public for
the common good, To the extent Of the Interest
thus created. He may Withdraw his grant by
disseminating the use, but so long as he MAIN
tains tie use, he nut submit TO the control"
aud That property does become clothed with a
public interes when used In manner to make
II Of public consequence, and Affect The COM
muniiy latg."
Individuals and corporations furnishing the
residents OF the city ard county Of San Fran
ci. CO with Hight generated bv electricy have
business affected win a public interest,"" and
ave beyond doubt subject 10 "c0utiol by tile
pubiic for the common good" There Is no longer
any doubt 81 the power Of State Leg stature
to regulate the charges made by individuals or
corporations In business affected with a public
interest,"" but The question now to be determined
is whether the municipal government, under the
constitution OF The Stase of California. can do
the same unalded by legislation OF The State
Legislature.
section 10 OF article XI of the constitution of
the State Of California reads as follows: "In
any cry where there are no public works owned
aud controlled by the municipality for supply
lug the same with wafer OF artificial light, any
Individual or any company duly incorporated for
such purpose under anu By authority OF the
laws OF this State, shall. under the direction Of
the Superintendent of Streets. other officer In
control thereof, and under such general regula-
fons as the municipality may prescribe. have
the privilege Of using the pubic streets aud
thorOpghfares thereof and OF laying down pipes
and conduitS therein and connections herewith,
so lar as may be necessary for Introducing into
and supplying such city and It's Inhabitants
either with slight or other Illuminating light.
or with fresh water for domestic OF other puT-
poses upon the condition that tile municipal
government shall have the right TO regulate the
cnatg thereof"
] believe taat the words "artifcisl light" "or
other Illuminating light used In this section OF
tire constitution embrace lights generated by
electricity"
When electricity is made by human skin and
labor and held IN subsection aud under the do
nlinlon OF man by mechanical appliances for
commercial purposes light produced by II Is
'3ftiucidl ilgnf. ne words " Illuminating
light are Pathological, aud the phrase ''gaslight
or other Illuminating light can mean nothing
other than gasllght or other light. and Eight
generated by electricity" l. light other than gas
gA. Section 10 gives The municipal govern
meat the right 10 reguat the charges made by
individuals or corporations organized under the
laws OF the state enjoying the privileges OF that
section OF the constitution. The power must be
exercised by the municipal government. 1t
cannot be deprived OF tile right. The privileges
of that section can be ebjoA ed by individuals or
n n pH
therein. The condition IS that The municipal
government shall have the right to regulate the
charges The cOnsli uiiOn OF The State Is the
absolute rule OF action and decision for all de-
iariments and officers of the government IN re-
spect 10 all The points covered by IL, which must
control until IL shall be changed by the authority
which established il. The constitution nowhere
requires The State Legislature TO pass laws I'm
ala OF section 8. /; does give the municipal
government tie right 10 regulate the charges.
MOI having provided for aid from the State
LEGISLATURE. the municipal government can act
independent OF legislative enactment by the
Stale Legislature. The power not being given
10 any department or officer OF the municipal
government. IL must be exercised by the eglsla-
live department OF the municipality. The legis-
iat i, department OF me municipal government
Board OF Supervisors. IL any legislation Is re-
quired IN aid OF section 8 the Board OF Super
yIs0ss can legi>late upon the question by ordin.
ance Cr resolution In the usual mode OF legisat-
ing Ivy the board.
The constitution by section 10 grants TO the
muhtclust government the right 10 reguiate
charges" aud is silent upon the procedure TO
govern the municipal government In the exercise
OF the power. "a constitution cannot from Its
very nature enter ill0 minute specification OF
all The minor powers naturally and obviously In
GUIDED IN II, ard flowing from the great aud I'M
p0rtant ones which are expressly granted. Ii Is,
therefore, established as general rule that
when constitution gives general power, or
requires duty. ii also gives by implic ton
every particular power necessary for the exer-
else III The one or the performance OF the other"
must have free control OF the fright TO regulate
charges" under section j o OF the constitution,
and in my opinion he Board of Supervisors have
power 10 acT.
II Is unnecessary now TO discuss what would
be The effect OF aatag0nIstc legislation by the
muBici al government and the State Legislature
on this subject.
In conclusion / Will state that In my opinion
the Board of Supervisors OF the city and county
OF San Francisco has 1.-THE power TO hx rates for
companies or corporations furnishing light gen.
h= eIentrici-.. "a Tie