The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-04-23


class Cease of City and County of sacramento
VS.. Charles Croker, 16 Cal, 1879
The objection cannot now be urgeu that
meter rates and house rates, when alHereht,
because the Supreme Court in the case OF the
Spring Valley Water Works VS.. the City and
County of San Francisco, decided IN loyo, neio
that the rates might be different in such cases.
Section 6 of the act of 1881 is constitutional.
The Supreme Court decided that "water rates
must be fixed by the Board of Supervisors pur-
suant to the premises of the act OF 1881.
The Finance Committee presented an
elaborate report on the condition OF the
finances of the city, and requesting the
City and County Attorney to petition the
Supreme Court for relief. This action was
based on the declaration of the contractors
furnishing the city with supplies and ma
terial, to the effect that they will cease fur
nishing the same after April 30 unless pro-
vision is made for their payment. The
opinion of the City and County Attorney
relative to the decisions of the Supreme
Court, to the effect that all liabilities in
CURED and required to support the govern
ment must be met by the revenue pro
vided for that year, and that all expendl-
lures in excess thereof are illegal and can
not be paid out of the funds of any sue
ceeding year, was recited at great length.
Continuing, the report said:
There will be deficiency of about $3.50, 900,
of which $4,000 is for salaries carried for
ward from the preceding fiscal year, the sal
aries for June OF that year being paid out OF
the revenues for the year. The deficiency
proper for this year will aggregate in addition
about $4,000 This, with the deficiency OF
$4,000 of former years will make grand to-
tai of about $500,0 900, all of which, with the
exception of salaries of $40 900 noted, and
expense of the board of election commissioners
for the last two preceding elections OF F2OI,-
00O are for material and supplies required for
the conduct and maintenance of the public in
situations.
Our merchants, annoyed and subjected to
great loss and inconvenience, have determined
that the municipality shall not be maintained
by their goods, wares and merchandise unless
their demands for the same are recognized as
valid claims against the city and county and
are therefore compelled, as they are expected
to know the law and condition Of the treasury,
to refuse to furnish any supplies after the 3Oth
day of this month.
The report concluded by urging the
necessity of immediate action, and a reso-
luton was adopted to the effect that it is
the duty of the board to take all means in
its power to prevent such an unfortunate
condition, imperiling the maintenance of
our government; also that the City and
County Attorney be requested to take such
proceedings as may be required to bring
about a speedy decision as to whether de-
mands for material can be allowed and
payment provided for in the levy of the
succeeding year; also to represent to the
Supreme Court the necessity of obtaining
decision in the matter on or before April
&c. as after that date no supplies will be
furnished.
The following petitions were referred to
the Committee on Streets
Property-owners on Broderick street pro-
tested against the grading of that thor
oughfare, between Union and Hilbert and
Filbert and Greenwich streets, and prop
erty-owners on View avenue, between
Twenty-frst and Elizabeth streets, pro-
tested against the remacadamiZing of the
avenue. Property-owners on Cherry street,
between Washington and Jackson, petit
toned for sewer connections, and l.. Andre
called attention to the dangerous condi-
ton of Stockton street. between Post and
Suffer. A petition from property-owners
on O'Farrell street, between Scott and
Devisadero, protested against the manner
in which the Market-street Railway Com
pany laid its rails on this street. Baldwin
& Hammond rendered a deed from the
Croker Estate Company to the city and
county for certain property on Beulah
street, to be dedicated for the purposes of
public thoroughfares; other petitions re-
ferred to the regarding of Leayenworth
street; release of contract for paving Brod
erick street, between Post and Geary; re-
moval OF a house that obstructs Lynch
street, between Leavenworth and Hyde.
A resolution was adopted whereby the
Mayor as ex -officio president of the board
was relieved of the labor of certifying by
his signature as each bill passed by the
board the fact of the passage so that the
Auditor and Treasurer may be advised of
its passage be repealed.
Supervisor Hirsch introduced a new ordi-
nance to regulate the speed Of streetcars
during certain hours on certain streets.
1t provided that no street railroad
car shall be propelled on Califor-
mia
ket; Clay street, between East and
Kearny; Howard street, between Seventh
and East; Jackson street, between East
and Montgomery; Kearny street, between
Market and North and East streets; Mis-
sion street, between Seventh and East;
Montgomery avenue, between Union and
Montgomery streets; Polk street, between
Post and California; Post street, between
Dupont and Market; Sacramento street,
between Kearny and Market; Suffer street,
between Dupont and Market; Third,
between Market and Folsom; Washington
street, between Montgomery and East at
a higher rate of speed than six miles an
hour, between o'clock and Z clock p. NJ.
also that all franchises hereafter granted
must come under this law. The penalty for
violation of the order is a fine of not ex-
ceeding $500 or imprisonment not exceed
ing three months.
The resolution was referred to the Health
and Police Committee.
A resolution was introduced by Super
visor Dimond in regard to the order, which
requires all street railroad companies to
adopt and place a buffer or appliance to
dummies of street railroad cars to prevent
loss of life, as provided in order 2072 of the
board. Under this order it is provided that
no streetcars should be operated unless
each car with dummy attached be
provided with a suitable buffer to remove
obstacles from the track. The guards now
in use were approved by the Health and
Police Committee.
Mr.. Dimonds resolution called for re-
consideration of the order, as the buffers
so adopted have not been effective; also
that the attention of the railroad company
be called to the provision of the order, and
that they be required within thirty days to
file with the board photograph or plan and
description of the buffer proposed to be
used, which will be required to push and
pull any person or obstruction on the track
on one side thereof and on approval by
the board of the buffer to put the same
into use within sixty days.
A resolution was introduced by Super
visor Spreckels that Adolph Sutro be
granted permission to use wooden poles
and wires on California street from Central
avenue and Williamson street for the Sutro
electric railroad to the ocean beach. In
the original franchise it was stipulated
that iron DOles shOuld he used hut unon