The morning call., 1894-10-04
WATER WORKS.
The Ownership Question
Embarrassing.
City Attorney Cresweli VS.. the
Supervisors-MayOr Ellert in
Favor, but Doubtful.

The matter OF submitting TO the people the
question whether or not they want TO own their
own water works having been decided afirma-
lively by the Supervisors, il now devolves upon
the Election Commissioners to decide whether
they dare put the question: on the ballot Of a
general election.
City and County Attorney Creswell, in his
opinion which was overfuled by the Super
visors, intimates that 1t would inyaidate the
entire election.
Mr.. Creswell being member Of the Election
Commission, will Of course vote against it.
Mayor Ebert, at the meeting of the Commission
yesterday, said 1t was very grave question
and ought not TO be decided out of hand, and
so the matter was held over until the next
meeting. Mr.. Creswell said that notice should
be given 10 every member TO be present.
Mayor Elert expresses himself decidedly in
favor OF the city owning Its own water works,
but he don't want TO lnyalidate the coming
election ID order TO find out whether the major
ity of voters agree with him, which is all that
is contemplated IN submitting the matter at this
time.
The Supervisors say that MIR. Creswel
evades the question In his opin Ion. They say
that the submission OF the question is simply 10
find out whether the people favor owning their
own water works, and that should the majority
say "yes," then special election could be
called which would submit the other question
as to whether the city should be bonded and
"be the basis for raising ana expending the
money" They say that MIR. Creswell treats
the question as though 1t were the purpose 20
ask now for authority to raise the money.
Creswell says his opinion covers the entire
question. 1t is long enough TO do so, covering
with typewriter matter nine large sheets of
paper. Its conclusion is pithy and pointed
and certainly seems TO confront the Super
visors on both sides. 1t says:
The constitution inhibits the voting upon such
question at general election. The act OF the
Legislature requires the voting to be done at a
special election when no other question Is sub
mitted to vote of the people.
The resOlutiOns of the ROart of SuDPryfSnrS r q
Qure the Election Commissioners to submit the
question to vote of the people at a general
election.
Which must prevail. the constitution and act of
the Legislature passed in conformity Herewith or
the resolutions OF the Board of Supervisors
The Board of Super visors have no power to re-
peal or nullfy an act of the Legislature or nulify
| provision OF the constitution OF the state.
Nothing further need be said upon this point.
Since the resolutions OF the board fatally
defective as the basis of legal expenditure OF
public money for permanent public improvements
can they be made effective for any purpose?
The act of the Legislature OF 1889 and amend
| ments have granted the Board OF Supervisors the
| power to pass An ordinance which shall he ap-
| proved by the Mayor, determining that the public
interest or necessity demanded the acquisition
| construction or completion OF certain permanent
public Improvements, and prescribed the mode OF
passing this and another ordinance before the
question OF incurring the proposed indebtedness
| could be submitted TO a vote of the people
The board is as much restricted to the mode
presc ibed by the statute for its exercise the
| thing allowed to be done.
1t is we 4 settled rule that when a power is
given by statute to board to be by it performed
| it cannot DE delegated By the board.
| The act OF the Legislature OF 1889 ana amend
| ments 90 not give the Board of Supervisors the
| power to require or permit any question therein
treated of to be submitted to vote OF the quail
fed electors of the city q means OF advising the
board of the will OF the people before it takes any
| action under that act.
The declaration that the public interest ne
| ceSsity demands the ACQUISITION, construction OF
| completion of permanent public works is re
sponsblity conferred by law only upon the Board
! OF Supervisors. They have no power to delegate
| that responsibility TO the people.
| When this declaration is made as prescribed by
| the act OF 1889, and amendments and other neces.
| sary requirements OF the law have been compiled
| with. then the whole matter can be submitted Il
vote OF the people, not at general election, but
| at an election held for the purpose sat forth In
| the ordinance, and at which mo other question
other than the mourning of the indebte dness fol
| said purpose shall be submitted.