The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1898-10-18

city and county of San Francisco, de-
PENDANTS and appellants.
The constitution, article XIV, sec
ton 1, after providing that the rates
to be collected by any person, COM
pany or corporation for the use of
water supplied to any municipality or
its inhabitants shall be fixed annually
by the governing body of such munich
pality, provides:
''Such ordinances or resolutions
shall be passed in the month of Febru-
ary of each year and take effect on
the first day of July thereafter. Any
board or body failing to pass the
necessary ordinances or resolutions
fixing water rates, where necessary,
within such time, shall be subject to
peremptory process to compel action
at the suit of any party interested,
and shall be liable to such further pro-
cesses and penalties as the Legisla-
ture may prescribe. Any person, COM
pany or corporation collecting water
rates in any city or county or city or
town in this State otherwise than as
so established shall forfeit the fran
chise and water works of such person,
company or corporation to the city
and county or city or town where
the same are collected for the public
USE
Two courses of action are thus au-
thorized to be pursued against the
Board of Supervisors or other govern
ing body of the municipality in case OF
it's failure to pass such ordinances or
resolutions as will enable any person
or corporation to collect rates or COM
pensation for the water supplied by 1t
to the municipality or it's inhabitants
therein, viz, peremptory process to
70 he nrdi-
nances or resolutions and a punish
ment for its failure to pass them. The
first is given by the constitution itself,
and may be invoked by any party
interested" without the necessity of
any legislation therefor. The party
interested" who is thus authorized to
invoke peremptory process to compel
the board to pass an ordinance fixing
the water rates is a party who has an
interest in having the rates fixed and
who would be injuriously affected If
they were not fixed. The provision
that ''the rates or compensation to be
collected shall be fixed annually" and
shall continue in force for one year
and no longer" read in connection
with the concluding sentence of the
section by which a company which
shall collect water rates otherwise
than as so established shall forfeit
It's franchises and water works for the
public use, makes it evident that the
furnisher of water would be II furious
ly affected if the rates are not fixed,
and is, therefore, a party interested"
who is entitled to such peremptory
process.
The provision that the ordinance FIX
ing the rates shall not take effect until
July, although it is to be passed In
February, is manifestly for the pur-
pose of affording to the person or
company supplying water ample time
to adjust the individual rates for its
consumers in accordance with the
terms of the schedule fixed by the or
dinance, and also to provide an op-
portunfty, If necessary, In case the or
dinance shall not be passed in Feb
ruary, to invoke process for compell-
ing the board to pass an ordinance
prior to July The failure of the board
to pass an ordinance in the month of
February is, by the terms of the sec
ton, made a condition precedent to
the right to ask for process to compel
action by 1t, since 1t cannot be deter