The San Francisco call., 1899-05-13
NEW CHARTER
HAS NOT GONE
INTO EFFECT
No Rebates for Ii
Cense Payers.
THE LAW ON THE SUBJECT
TIME FOR ITS BECOMING OPERA
TIVE EXPRESSLY FIXED.
THE LAW ON THE SUBJECT
TIME FOR ITS BECOMING OPERA
TIVE EXPRESSLY FIXED.
Lawyers Undertake to Recover the
Amounts Paid for Licenses
Since February on Con-
tingent.

Some of the heaviest license-payers in
the city, including merchants, bankers
and theatrical managers, have signed a
petition. at the instance of knight &,
Heggerty and Frank MCGOWAN, lawyers
demanding the refunding of the amounts
they have paid into the License Collect
or's office since February, on the ground
that the new charter abolishes the Office
of License Collector and that the charter
became operative Immediately upon its
approval by the Legislature.
These business men have signed the pc
tition with the understanding that they
Will receive so per cent of the amount so
refunded and shall not be put to any ex-
pense for the collection, the attorneys de-
fraying all costs and taking the other so
per cent for their trouble. 1t is asserted
that fully 1900 license-payers have entered
into the agreement with the lawyers
1t is not apparent how the lawyers ex-
pect to prove their contention, for the
charter itself expressly provides that it
shall become operative on January l, 1900.
The following is taken from an anno-
tated volume on the new charter by At
torney Z. f. Treadwell:
When the charter takes effect-By the pro
visions of this schedule the charter except for
certain purposes, goes into effect on the 1st
day of January, 1900 Section 5 of article XI
OF the constitution provides that IL the charter
is approved by majority vote of the men,
bers elected to each house, it shall become the
charter of such city," etc. Under the pro-
vision there might be some question as to
whether the charter does not take effect as
soen as adopted by the Legislature; but it is
not believed that this is the effect of the pro-
visions of the constitution.
This question was first raised by Tax
Collector Sheehan early in February.
when he applied to the Supervisors for
fee, claiming that under the new charter
the duties of License Collector had de-
volved upon him, and as that instrument
had gone into effect Immediately upon its
approval by the Legislature, II was nee
essary for him to employ additional help
to collect licenses.
County Attorney Lane, who submitted a
written opinion to the board on Febru-
ary IS adverse to the Tax Collector S
contention. Attorney Lane quoted at
length from the State constitution in sup
port of his finding. He said there was
nothing in the constitution in conflict
with the express provision of the charter
postponing the time of its becoming ope-
rative until January l, 1900. 1t might go
into effect Immediately upon its approval
by the Legislature if the charter itself
did not fix the date upon which it was
to become operative. In closing Attorney
Lane said: II therefore advise that the
cept for the purpose of an election to be
held in November next, and, further, that
for general purposes it does not go into
effect until January l, 1900.
That, apparently, is about as good law
as any the attorneys who are seeking to
mulct the city out of many thousands of
dollars may have to support their conten-
ton, but it is possible they may have a
joker up their sleeve. II they have, they
are careful not to expose it now. Frank
MCGOWAN was not inclined to discuss the
matter Yesterday beyond stating that a
test would be made shortly.
But even this test, it appears, is not to
be made directly on the question OF Ii
censes. The plan as at present outlined
is to induce some employe of the city.
who is entitled to more pay under the
charter, to institute mandamus proceed
ings against Auditor Asa r. Wells to
compel him to audit his claim at the in
creased rate. Efforts were made to in
duce some captain of police to begin suit
on these lines, but there is an evident
shyness among those interested to do
this but it is hoped that somebody Will
be found who will be willing to have the
fight made in his name.
Prominent lawyers take little stock in
the contention. and-even the business men
themselves who have gone into. the
scheme do not express much hope OF get
ting any returns from it. AS one of them
said Yesterday: "It doesn't cost us any
thing to attempt to get our license money
back. and if we receive 90 per cent we
are Just that much ahead. The lawyers
take all the risk and they are welcome TO
the other half.