The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1899-02-05
Decision of the Su-
prenne Court.
SALARY ACTS ARE ILLEGAL
THOUSANDS OF DOLLARS SAVED
TO THE TREASURY.
State Legislature Has No Right to
Interfere in the Affairs of
Charter Municipali-
ties.

The Supreme Court in bank yesterday
declared unconstitutional the two acts Of
the Legislature Of 1897, by which the exec
utive officers of the Police and Fire De-
partments would have their salaries in
creased. The total of the proposed in
crease amounted to $4,000 per month, or
sec, 900 a year.
Max Pepper began an action in the Su-
perior Court to prevent this money being
expended, claiming that the acts under
which the money was to be paid were I'M
constitutional. The Superior Court decid-
ed against him, but yesterdays decision
was in his favor, and in that OF the tax
payers of this city
AT the session of the Legislature in
1897 an act was passed and approved
March S, to regulate and fix the salaries
of certain officers of the Police Depart
ment in cities of the firSt-class as follows:
Chief of Police, $4,000 per annum; captain
of detectives, $4,000; six captains of police,
$500 each; clerk to the Chief of Police
and Board of Police Commissioners, $500;
property clerk. s25OO; fifteen detectives,
$500 each All of the salaries thus pro-
vided for were to be paid out of the City
Treasury the same as before the passage
of the act.
A similar act relating to the Fire De-
partment was passed about the same
time, and for municipalities of the first
class provided for the payment or certain tam
per annum; assistant chief engineer, $3bOQ;
secretary or clerk, $1,000; assistant engl-
neers, 5000 each; veterinary surgeon,
$500 These salaries were also TO be palo
in their usual manner as before the pass
age of the act. -,
Max Pepper became interested in this
proposed expenditure OF the people
money and sent a communication to Az
ditor Broderick asking that oInclai IL ne
intended TO audit the salaries OF the poee
lice and fire officials upon the OASIS Oh
the increase. The Auditor answered that
the Governor had carefully considered
the bills before signing them ana had de-
clared that he believed they were consul
tutional. Unless enjoined by legal pro-
cess Mr.. Broderick asserted he would act
according to the statutes.
Pepper at once applied TO the courts Tor
relief Cor the people, asking that the Au-
ditor be enjoined from auditing the de-
mandS according to the increased rate
He asserted in his complaint that all that
the officials mentioned were entitled TO
was specified in the preceding acts OF
1897, which specified that the salaries
should be as follows: President OF the
Board of Police Commissioners, $3.50 per
month; Police Commissioners, 800; Chief
Of Police, $4,000 per annum; captain OF po-
ice, SIPS per month; clerk to the Chief
of the Fire Department. $3.50 per month;
assistant chief engineer, $3.50; assistant
engineers, $3.50; clerk, $3.50; veterinary sur
To Peppers complaint a demurrer was
entered. The defendants took the posi-
ton that the Legislature had the right TO
regulate such matters Peppers position
was that the Legislature had no right to
interfere in the affairs of municipalities
governed and operated under charter.
Superior Judge Seawell sustained the de-
murrer, which was at that time believed
to be the death-blow to the contest. no
one anticipating that Pepper would take
the matter any further. However, he felt
SrIrp his pOSitinn right and
pealed to the Supreme Court from the
judgment and order sustaining the de-
shown by the decision rendered yester-
day, which was written by Justice Van
Dyke and conquered in by Justices Hen
shaw, Temple, Harrison and Chief Justice
Beatty. The part which declares uncon-
stitutional the acts Of the Legislature in
interfering in municipal affairs of a city
having a charter is as follows:
Does the salary or pay OF policemen and fire.
men belong to municipal affairs?' If so.
then these acts of the Legislature attempting
force in the city and county of San Francisco
than the act of the same session requiring the
signature of the Mayor to ordinances and reso-
lutions; and in Morton Broderick it was
held that such act had no binding force in
concerned municipal affairs and therefore fell
within the prohibition against such legislation.
The government OF the city and county OF san
ture, and in Kahn VS.. Sutro. ia Cal, S16, this
court distinguished and classified officers that
were county and officers that municipal;
and the officers of the Police and Fire depart
ments designated as particularly and dis
as a matter of law that the people adopting
the constitutional amendment under consdera-
this definition of municipal affairs. distin-
guished from county affairs, decided in that
case. The purpose of the amendment is APP
parent 1t was to prevent the constant tam
pering with matters which concern only
h the 9 % Of sw
in constituting a constitutional provision is to
ascertain and give effect to the nm intent Of the
opinion that the pay of firemen and policemen
clearly falls within the term municipal af
fairs. Judgment reversed. with directions to
the court below to overrule the demurrer to
Back of all these legal features there
is little inside history to this case This
was published in The Call on the 18th of
last July. IT was after the demurrer mad
case was on appeal to the Supreme Court
that the high officials of the Police De-
partment became apprehensive that the
chance Of their getting their, hands into
getting somewhat dubious. The cases of
Kahn VS.. Sutro. and Morton VS.. Broder-
lex had been decided by the Supreme
Court and the meddllng of legislators
with the municipal affairs of cities hav-
ing charters was shown to be unconstitu
tional.
heads Of the Police Department sent De-
tective Bee. now deceased, to see Max
Pepper TO induce the latter to have the
teryiew with Bee Mr.. Pepper said: 1.-THE
pros and cons of the matter were laid be-
fore me by that gentleman and I was
fatty asked if l would withdraw the suit
and not let it go to final decision. He
did not give any reason or explain him
self in, any respect, but simply asked me
if I would do the department that favor"
Mr.. Pepper did not give direct an
swer but asked the advice of his attor-
ney, who counseled him to stand on his
appeal as the point at issue involved the
vital question Of home rule for San Fran
cisco.
Burglar Boys Disposed Of.
Joseph Stevens and Eddie Overant, two
of the boys who broke into the residence