The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1899-06-14
FIGHT To FIX
THE GAS RATE
NOW IN COURT
Corporation Wages
Technical Battle.
ARGUMENT ON THE ORDINANCE
COUNSEL HOLD THAT 1T is UN-
CONSTITUTIONAL.
1t Develops That Mayor Phelan's
Resolution Error Will Assist the
Company in the Liti-
cation.

and Electric Company against Major w.
B. Hooper of the Occidental Hotel,
brought to test the validity of the ordi
nance fixing the gas rate at 81 10, was
opened before Judge Seawell yesterday
morning
The suit is brought to collect bill of
$631 40 for 800, 800 cubic feet of gas which
was supplied the Occidental Hotel at the
| old rate OF 81 10 thousand cubic feet.
! The defendant sets forth that lnaSmuch
! as the gas was consumed after the new
! rate of 81 10 a thousand cubic feet was
| adopted by the BOARD his bill should be
/ computed on that basis. NotwItnstand-
! ing the compromise effected between the
! Board of Supervisors and the gas com
! panIeS yesterday the suit, it is SAID, VIII
De carried TO a final decision.
W hen the case was called yesterday
GAVIN McNab appeared as counsel for the
defendant. while the company was repre-
Bishop, Charles S. Wheeler, William RlX
and Guy G. Earl. Mr.. Wheeler first
opened the argument on the points IN
issue, occupying the entire morning
session on the consututionahty OF the or
dlnance and the leganty OF It's phrasing.
Mr.. Wheeler said unat inasmucn ds the
ordinance III question was passed by the
boaId under an act of the Legislature
OF 1878, giving the legislative bodies Of
cities of over 100000 lima oltants the right
to fix the rates, the act OF the Legislature
referring alike to private individuals and
corporations, the present ordinance was
/ illegal as it leglslated alone against cor
porauons. The word Individual was left
out OF the ordinance and in consequence,
the company attorneys contend, II must
TALL
The ordinance is also unconstitu-
tional,' MI. Wheeler urges, as 1t i'm
poses burdens and regulations upon San
francisco, while other towns and cities
are exempt from Sucn regulations" The
decision OF the Supreme Court in the
spring Valley water cases were cited by
the lawyer IN support OF his reasoning.
MI. Wheeler cited authorities SUSTAINING
his pOSluon that an act was not ii gen
eral act merely because 1t applied gen
orally to one cIaSS, and he held that Iea-
sons should be gwen why a certain class
| should be the OBJECT of legislative enact
ment, which was not done In the case IN
! question. He did not how the Legis-
! lature singled out San francisco, wnlcn
he claimed il did when it placed the pop
! ulatlon Inquire at 10O,UUU instead of a lower
/ figure, sufficiently low to include all OF
/ State.
! Mr.. Wheelers argument followed an at
! tempt on the part of the defendant at
! torney TO admit IN evidence the ordinance
/ passed April 3, nXlng the rate at 81 IL,
! that the hight might be waged on that en-
/ dcJment Mr.. AIcNab CLAIMED the right
! to admit copy OF the ordinance in evil
/ oence. and Gas Inspector upper and AS
/ slstant Clerk tarquharson were called to
| testify as to the proceedings OF the board
| in passing the ordnance After the testi-
| mony was IN on these matters the court
/ refused at the time TO admit the copy,
! but gave Mr. McNab five days time IN
! when to tlle a brlet containing the au-
| thorities upon when he baseu his de-
| mand to ADMIT the copy in evidence. In
! the meantime the case will remain on the
! reserve calendar, to be again taken up
wnen the point under submission has been
| decided.
| In the event the court holds that a copy
| of the ordinance cannot be admitted III
| evidence the position of the defendant
! will be a difficult one, as 1t is upon Its
provisions that he builds his defense If
| Inc ordinance is admitted IN evidence ana
the court overrules the objection of PLAIN
| tiff and decides that the ordinance is not
In conflict with the constitution and Is
legally constructed, 1t Is understood that
the next move on the part or the gas
company will be to attempt to introduce
a copy of the resolution passed by the
board on Monday, containing the terms
OF the compromise" effected between the
board and the company. 1hls resolution
reads
Resolved, That all existing contro-
versies between the city and county
of san Francisco and the San Fran
cisco Gas and Electric Company and
Pacific Gas Improvement Company be
and the same are hereby settled upon
the following basis of compromise, as
agreed to by the said lighting COM
pames with mis- Honor the Mayor and
! ms board, to-wit:
| l. Rate Tor gas to consumers shall be
fixed at the rate of 81 30 per one thou
sand cubic feet OF gas; this rate to
take effect July 1, 1899.
>. Bills accrued and to accrue for gas
furnished public buildings shall be
paid for at the rate of 81 80 per 1000
cubic feet
D. Bills accrued and to accrue for gas
| furnished for street lighting shall be
! paid for at the rate OF IL cents per
lamp per night, instead of II cents per
light per night.
i. All electric lighting bills accrued
| and to accrue, whether for street
lighting or public buildings, shall be
| paid with a reduction of 10 per cent
| on the face of the bills rendered at the
contract price.
3. II new contracts are let for light
| ing pubic buildings with gas, the said
lighting companies agreed to bid Tor
the same at the rate of hot TO exceed
! 81 80 per 1000 cubic feet.
Through the error of Mayor Phelan in
| suggesting that the terms of the COM
! promise be placed in the form of a writ
| ten resolution as above he has placed in
| the hands of the corporation a formula
! bic instrument with which 1t will wage
! its fight ii the contest assumes a serious
! aspect. The attorneys for the company
| will contend, if all other points fail, that
! this resolution establishes the legal rate;
| that il has a retroactive effect; that its
| terms nulify the ordinance of April s.
! and hence a defense to an action brought
! to recover under the old rate, based upon
! the alleged legality of the 81 10 ordinance
| is insuIncient and in consequence such
! defense must fall and judgment be en-
| tered for the plaintiff.
-----------------