The morning call., 1893-08-24
ARTIFICIAL LIGHT.
Supervisors Can Regulate
Charges.
CRESSWELL'S LONG OPINION
The Act of 1873 Is Referred To as
Not Having Been Repealed and
Still in Force.

Some months ago the Board of Super
visors passed a resolution calling upon the
officials of the gas and electric companies
to furnish all possible information and
data about their business, with receipts
and expenditures, as the board intimated
that il intended to discuss the subject Of
regulating the charges for artificial light.
When the subject came up in the Com
miItee on Street Lights Attorney Bishop
and others appeared and stated on behalf
of the corporations that the board had no
power to regulate charges aud could not
have unless some new legislation was had
or the subject.
The matter was referred by the commit
tee to City and County Attorney Cresswell,
who yesterday sent the Supervisors long
opinion on the subject, in which he upholds
the power of the board to regulate charges
for artificial light The opinion is consid-
cred a very important one by the Super
visors, and " hen they resume business on
September II some action will be taken
which may be faT-reacbing.
The City and County Attorney, referring
to the letter of the Supervisors asking for
information. says:
The part of section 33 of article " of the
constitution, having reference TO the subject Of
Ile communication Is as IOIOWS:
The Legislature shall pass laws for the reCula-
tion and limitation OF the charges for services
performed and commodities furnished by tele-
graph and gas corporations.
The part of section II of article NJ. having
ref eIence TO the communication, is as follows {:
IN any city where there public works.
owned and controlled by the municipality. for
supplying the same with water or artificial light.
any individual or any company duly Incorporated
for such purpose, under and by authority of the
of this state, shall under the direction of the
SUPERINTENDENT of Streets, other official I'm Il
trOi thereof, and under such general regulations
as the municapalttv NAV prescribe for damages
audiademnlty Tor damages, have the privilege of
using the public streets and thOroughfares there
OF. and OF laying down pines and cOuduits therein
and connections herewith. so far $ may be nee
esSary for introducing into and supplying such
city aud its inhab tants either with gasight or
domestic ana al other purposes. upon the con
dition that the municipal government shall have
the right TO regulate the charges thereof.
The City and County Attorney saws th [
in this latter article of the constitution the
fixing of water rates Is provided for, and in
nc part does it rem Otely refer to the regula-
ton Of the charges Of gas provided for in
the first section quoted, section 33 Of
article "
The first thing therefore to inquire
is " neither there is conflict between the
two sections. After cOnStru!ng the two
sections and applying the usual laws of
legal construction the CITY and County
Attorney concludes that the conflict be-
tween the two sections is only apparent
and that they must be read together, show
ing that the city has the right to regulate
charges for gas.
The next inquiry considered is: Must
the Legislature pass laws in aid of the
municipal government before action can be
taken by it in the exercise of tha powers
conferred by section 10 of article XI?
In his opinion the City and County At
toTney says there is no need of such Iegis-
lation. He says:
am of the opinion that no act of the State
Legislature is necessary To enable municipal
government to regulate the charges for ri IT,
tca light furnished by individuals or com.
panies organized under the laws of the State
Ior that purpose TO municipality or the in
habltants thereof.
The power having been granted the munich
pal government bv section 19 to regulate the
charges for gas furnished by individuals or
companies organized under the laws OF the
State TO the municipality, ''every particular
power necessary for the exercise" OF the right
can be used by the municipal government
The municipal government can adopt a mode
of procedure for the regulation Of the charges
lor gas fufnlshed under section 19, and can
use any means al Its command in the exercise
Of the power
Upon whom must this duty devolve for the
municipality?
When power is granted to a municipality.
which Is not expressly conferred upon some
particular department or officer, and is not OF
Such character that It must be exercised by
some particular department or officer such
power rests in The legislative department of the
municipal government.
The legislative department of the mum.
cipallty Of the city and county of San
francI can pass an ordinance or resO-
luton regulating the charges for gas fur
nlsbed 10 the municipality or the inhabi-
tants thereof by individuals or domestic
corporations.
it must not be forgotten that in 1878 the
Legislature passed an act to regulate the
quality and standard Illuminating power
and price of gas in all cities within the
State Of California having population OF
100, COO or more. The constitution provides
that all laws in force at the adoption of
the constitution shall remain In full force
ana effect until altered or repealed by the
, Legislature.
been able to discover, been altered or re-
pealed, and it is not Inconsistent with the
constitution Of 1879.
The act'Gf 1878 authorizes and require
the Board OF Supervisors to fix the maxi
mum rate anC price for each 1000 cubic
feet to be charged for gas by any person,
and that such price may be changed from
time to time. not 0ftener than once every
year, as increased cOnsnm tion or other
circumstances IN their judgment may re-
Qure.
In conclusion l VIII reneat that the mu-
nicipal government of the city aud county
of San Francisco can. through its Board OF
Supervisors, pass an ordinance or resolu-
tlon Ia its usual mode of passing Ordi-
nances or resolutions regulating the
charges for gas for artificial light fur
nished the municipality or the in b bitants
thereof by individuals or by any company
duly Incorporated for such purpose under
and by virtue of he laws Of California.