The San Francisco call., 1898-05-21

the city'S money periodically. l do not suppose that this was designed as an affront to his Honor, based on re- cent mishap, but 1t is open to that con- struction as we'll as to another equally objectionable.
 You and others interested in real estate, street Improvements, etc., would do well to study the provisions of chapter of article VI, which treats of opening, strengthening, widening and extending streets, and changing grades. l made a digest of Its curious provisions for insertion here, but the eMgencies of newspaper space in war times require its omission. In brief, such work may be undertaken and or dered by the Supervisors, when recom- mended by the Board of Public Works, on petition of the property holders. The Supervisors, instead of general rules for valuation and assessment in such cases, are to enact special ones for each particular job. Thus we are to have "one law for Rome and another for Athens"-one for cases where friends are interested, another where enemies are to be punished. It is diff cult to see what honest purpose this sanction of different rules of valuation and assessment in each separate case was intended to serve. Railroad com panfeS whose receipts may be largely increased by the proposed improvement cil . dIOllly SACuSeO lIOIl to the cost, by cOnfining the assessment to lots, term which does not include the sort of property they own. When lot Is sold to pay the assessment on 1t and brings a sum above the amount the surplus is not returned to the un- lucky owner whose property was sold against his will, but is put into a com mon fund, with that of all other de- faulting owners, and divided among them proportionately-but in propor- tion to what Is not mentioned! The sale, too, in such cases is not to be reached by a foreclosure of the lien of the assessment-the usual and proper remedy-but it is expressly directed to De sale on execution. The draughts- man does not appear to have known the difference between them. But every lawyer will recognize the absurdity of sale on execution, without any per Sonal Judgment to support it. Whose right, title and interest will the Sheriff offer for sale and sell? Again petition CTS for an improvement are to denosit money to secure the expenses incurred IT the project is defeated, yet there is no provision for applying the deposit to their payment in such case, or for returning 1t to the depositors in the contrary one.
 It is forbidden to open in the new parts of the city any such streets as the small intermediate ones in +be western Addition, so useful to the Fire department in getting at the rear of q. Ife and extinguishing it without mis- cnleI incident to mob of people tramp ling through halls, parlors and dining rooms to get at the kitchen, wherein it usually originates. Owners of prom erIy holding in common cannot even suodlV1de 1t, leaving streets agreed on py themselves, for in such cases a par tition map is almost always necessary and the County Recorder is forbidden to flle such map, unless it bears the Uritten approval or the members of the Board Of Public Works. Without such an- proval it is even declared to have no legal validity; not even good as a con- tract Again, the charter has a pro. vision designed to facilitate the closing of petty streets and alleys in the bus mess part of the city, which. by a blun- der of the draughtsman, insures their l perpetu1ty by requiring the land to be l twice paid for before they can be closed. The provision for an election and popular vote on any ordinance asked for by 15 per cent of the voters and also on the grant of certain fran chtses (the referendum), I regard as a i stupid and mischievous fad: it is bor- rowed from the Swiss constitution and experience has proved it to be wholly unadapted to our people; but if we are to have enactments by popular votes why are grants of railroad franchises excepted from the rules applied to those supplying light and water? The latter accommodate every house on the street without obstructing it in the least The rails. on the contrary, obstruct travel on the street and yield profit only tc the railroad companies. Our election. now occur every two years; their ire quency Is. however, an acknowledged ! evil of great magnitude, not only be. cause of the loss of time and waste ot money entailed. but because they tend to breed and support a class of people who live by politics only. The new charter simply doubles their number. without reference to special elections liable to occur under it. This is very bad.
 I see that apologists for. this innova- tion in city government, admitting its many defects, seek votes for it on the plea that these defects can be easily amended. There is no warrant. how.
 ever, for this suggestion. The pro. visions for amendment contained in the instrument itself are in direct conflic1
 with the constitution, which requires three-fifths of the votes cast for tha1
 purpose. while the charter only calls for majority vote. Amendment vii
 be anything but easy; the amendment: will have to be proposed, published voted on, carried by three-f1fths vote and then passed by the Legislature
 As this body meets only in alternat, years, delay and inconvenience are un
 avoidable. If the financial article leave.
 the city's revenues deficient for wan
 of penalties for non-payment, as I fear
 the consequences will be very disas
 trous.
 I have not enumerated half of the ob
 jections revealed by a study of this in
 strument. Its defects can, I think
 nearly all be traced to the mode il
 which 1t was prepared. The constitu
 ton entrusts such a task to a board O. only fifteen freeholders because of tn, difficulty of securing agreement amons large numbers without vicious bar