The San Francisco call., 1899-06-25

rest The Mayors resolution was in
troduced by Supervisor Perrault and
adopted by the board. Then there went
up a howl of Indignation from the San
Francisco Gas and Electric Company
and a storm of applause for the Mayor,
who received 1t modestly and urged the
people of the city to pay no more than
81 10 a thousand feet for gas
William B. Hooper accepted the ad-
vice. and the San Francisco Gas and
Electric Company, with confdence
that argues a knowledge of inside
facts, Immediately instituted suit to
force Hooper to pay a rate Of 81 rs a
thousand feet Meanwhile negotiations
between the gas corporation and the
Mayor were begun. These negotiations
placed the Mayor in another peculiar
position. He had declared with all pos
sible emphasis that gas rate had been
established and was irrevocable for a
year yet day after day he was in con-
sultatlon with representatives of the
gas company for the avowed purpose
of fixing another rate.
This anomalous position did not seem
to strike the Mayor. He refused to call
a meeting Of the Supervisors, he said
until he had forced the San Francisco
Gas and Electric Company to terms
From his own point of view, he had al
ready whipped the corporation and
there was nothing further to do. The
conferences continued and at last the
Mayor announced that the San Fran
cisco Gas and Electric Company had
been brought to its knees.
1t was willing to accept a rate of
81 So which it had voluntarily offered
three months before. The Mayor had
scored a triumph. He established two
rates in one year and by the adoption
of the 81 so rate destroyed the 81 10
rate, and by written official contract,
adopted by vote of the Supervisors, set
tied all controversies between the city
and the company. To complete the
farce of municipal mistakes, enacted In
the person of his Honor the Mayor, the
resolution fixing the rate at 81 10 a
thousand feet was thrown yesterday
/ out of court.
The important decision of Judge Sea-
well on the case is in full as follows:
The issue presented by the pleadings in
this case is whether the rate which
plaintiff is entitled to charge for gas sup
Z
cubic feet, or the sum of 81 10 per thou
sand cubic feet. To show that the latter
rate is all that plaintiff is entitled to
charge defendants counsel has offered III
evidence resolution No. 2621 Fourth series)
of the Board of Supervisors Of the city
and county of San Francisco, adopted
April g. 1899, by which it was, among
other things, resolved that 1.-The minimum
standard quality and illuminating power
of gas TO be supplied by any company or
corporation is hereby fixed and estab-
Iished at seventeen 40 candles, and the
maximum rate to be charged and col
lected from consumers by any company or
corporation is hereby fixed and estao-
Ushed at 81 10 per thousand Q00O cubic
feet"
To this offer plaintiffs counsel have
objected upon the following grounds, viz:
/ The resolution is not uniform in its
operation, but singles out companies and
corporations as distinguished from indi-
viduals who furnish gas, and is there
fore partial and discriminatory.
Q There is no valid statute of this State
authorizing the Board of Supervisors to
fix rates to be charged for gas.
2 IT was conceded at the hearing that
the only statute comforting upon the
Board of Supervisors power to pass the
resolution In question Is the act of March
1878, entitled AN act to regulate the
quality and standard Illuminating power
of gas in all cities within the State of
California having a population of one
hundred thousand or more" Statutes of
1873, p. 160.
Section l of the act provides, among
other things, "that in all cities of the
State of California having a population
Of 100 900 or more the local legislative body
thereof whether known or designated as
the Board of Supervisors or Board OF AL
dermen or Common Council or Board of
Trustees. or otherwise, are hereby au
tborfzed and required to fix the
standard quality and Illuminating
mower of gas to be furnished and
the rate and price for each one thou
sand cubic feet to be charged therefor, by
any person, company or corporation
whose pipes or mains are or shall be laid
down in the streets or highways of such
city for the purpose of supplying gas for
the use of said city and its inhabitants.
Bv section it is provided that the
standard and price fixed by the board may
be changed from time to time not oftener
than once every year, as increased con-
sumption or other circumstances may, in
the Judgment of the board, require.
Section provides that after the board
shall have fixed the quality and price Of
the gas it shall be unlawful for any
person, company or corporation to
furnish to such city or any inhabitant
thereof or other person therein for illu-
minating purposes gas of a lower stand
ard or quality or to charge or receive
therefor higher price than Is provided
by said board and that for every viola
ton of the provisions of said act or the
provisions of any order, resolution or
ordinance of said board made in pur-
suance thereof every such person, COM
pany or corporation shall incur penalty
of not less than one hundred nor more
than one thousand dollars, to be recov-
cred in the name and for the use of such
city in any court of competent jurisdic-
ton, and that such person, company or
corporation shall also be liable to such
city and to any and each person or cor
poration who shall be injured by any such
violation in double the amount of dam
ages actually sustained.
The sixth section provides that the act
shall apply to the city and countys of San
Francisco, as well as to cities whose mu-
nicipal government is distinct from TIE
county in which they are located.
IT Will be observed that while the stat
ute In express terms requires the Board
of Supervisors to fix the quality and price
of gas TO be furnished by any person,
company or corporation whose pipes or