The morning call., 1893-04-16
THE WATER RATES
Mayor Ellert's Attitude as
to Collins.
A Dilemma for City Attorney Cress-
well-Why the Veto Message Was
Published by Clerk Russell.

The question raised by the Spring Valley
Water Company challenging the right of
the Mayor OF San Francisco to veto an
ordinance OF the Board of Supervisors fix
ing the rates to be charged for water in
accordance with a tariff satisfactory to that
corporation has excited considerable dis
cussion among lawyers and others.
The action instituted by Il. U. Collins to
secure writ of mandamus against the
Board of Supervisors. commanding it TO
act upon the veto, is regarded with much
SUSPICION. Everybody is asking who Col
Inns is, and whether he is any kin to the
once famous Tom Collins, for whom every
body was looking at the same time some
years ago.
His name is not in the City Directory. 1t
Is claimed that he is clerk employed by W.
Il. Baggett, in the lRtter's law Office.
The champions of Mayor Ellert's position
in the controversy between him and the
majority of the Board Of Supervisors do not
hesitate to say that it will be necessary for
him as Mayor TO file petition to intervene
in the suit. so as to be made party with
the plaintiff, and tlrus defeat any proposed
sharp practice concocted by the lawyers OF
the water company who have sprung the
anti-yeto trap on him.
City and County Attorney Cresswell is
likely before the question is settled TO have
two horns of an unpleasant dilemma
presented to him, one of which lie " i'll have
to seize. At the next meeting OF the Board
Of Supervisors the subject is very certain
10 be again brought up, Clerk Russell hav-
ing carried into effect the order TO print
Should the majority Of the board adopt a
resolution instructing Mr.. Cresswell TO ad-
wise them on the legal aspects of the situa-
ton that gentleman VIII be confronted with
the dreadful probability of being asked Ey
his friends whether he is to be regarded as
the attorney for the people of San Fran
cisco or for the Spring Valley Water Com
pany
Mayor Ebert. when seen yesterday, said
he had nothing fresh to impart The
Collins suit, In his opinion, was entirely pre-
mature. 1t in no way affected his purpose
to defend his prerogative TO exercise the veto
power. In Que course OF proceedings the
matter would come up next Monday even
Ing. when the majority of the board would
have another chance TO show their hands,
II would be time enough then fer him TO
act. He had not consulted any attorney
and did not deem such action necessary al
this stage. de believed there was nothing
In the contention of Mr.. Rogers. The Mayor
was vested with the veto power for the
public good. Its effect was not to deprive
the Board OF Supervisors of any power,
but to compel them ON matters deemed
OF great moment TO the city TO reconsider
ill-advised action and secure the concur
renee of three-foUrths majority on all
such measures. Mayor Ebert added that
tile question OF bXing water rates was one
which went TO the home of every man,
woman and child in the community. The
question OF franchises and expenditures di-
rectly touched a few only, but everybody
used water. 1t was one OF the necessaries
of life. II the Mayor could not compel the
Board of Supervisors 10 act with the great
est care and deliberation on question set
ting the rates to be charged consumers the
veto power should be abolished altoge ther
Otherwise twas only snare and delusion.
EX-MayOr Pond is in thorough accord with
Mayor Ebert and regards the attempt to
annul his veto as ridiculously absurd. 1t
strikes him as very clumsy attempt to re-
peal by simple resolution the consolida-
tion act.
Clerk Russell said that he had directed
the publication Of the veto message not
withs,anding The action of the board deny
ing the Mayors right 10 veto the water rates
ordinance simply to keep the record
straight.
The Supervisors have been personally
cited to appear in Judge CARRIERS court. at
10 A. NJ. on the oath inst, TO show cause why
the mandate should not be issued To the
mysterious plaintiff. who sues under the
nama of R II Coilfna