The San Francisco call., 1904-08-09
SUPERVISORS
IGNORE MAYOR
Rule That Charter Amend
ments Are Not Subject to
Veto Of Gty's Executive
SCHMTTZ UP IN ARMS
Declares He Will Direct
Election Commission Not
to Submit Propositions

Supervisor d 'Ancona, VINO presided at
Yesterdays meeting Of the Board Of
Supervisors during the temporary alb
sence of the Mayor, ruled that the FIVE
proposed charter amendments which
were vetoed by Mayor Schmitz were
not adopted in the form of ordinances
! or resolutions and were therefore not
] subject to the approval OF the city's
/ chief executive. The proposed amend
ments are designed to take away from
the Fire Commissioners the power to
| award contracts and place 1t in the
hands of the Supervisors; to al
! low progress payments on pub
| lie contracts; to prescribe a dis
trict within which it is prohibited
to blast; to require the approval Of the
! Supervisors of any permit issued by
| the Board of Public Works for blast
| ing operations, and to permit of the
! spending of any revenue from any pub
! lie utility that may hereafter be ac-
uuired. The vetoes We're read by title
and were ordered to be placed on file,
there being no objection to that course.
| D'Ancona did not explain the reason
| for sending the amendments to the
| that they had been sent by Clerk Fay,
and not by the board.
WILL PREVENT SUBMISSION.
1t is a matter OIL QSTleCC 1nQlIIerenCo
| to me-" said Mayor Schmitz, who was
seen after the meeting, what action
has been taken by the Supervisors on
my vetoes. The charter provides that
! all proposed charter amendments shall
be adopted by ordinances, and as such
must be sent to me for my approval or
disapproval. If the Board of Super
yisors fails to vote on my vetoes within
thirty days the vetoes stand of them
selves. In the event that any attempt
is made to submit the amendments
vetoed shall notify the Election Com
mission not to place the propositions
on the official ballot"
In all likelihood mandamus proceed
ings will be instituted to compel the
Election Commission to submit the
amendments This course was infor-
mally discussed by some Supervisors,
but no definite plan was outlined.
The amendments numbered 8, f. 3
and 6, together with the one modifying
! the dollar limit of taxation so that So
cents shall be used for municipal ex-
penditures and 10 cents for public i'm
provements, which one the Mayor
signed were ordered to be published
! for a period of twenty days.
The Charter Amendment Committee
reported that charter amendment No.
was imperfect owing to a clerical err
ror, which omitted to state the chapter
| and article of the charter designed to
be amended, and relative to the use of
the income of any public utility. The
error was corrected and the amend
ment was readopted.
OTHER AMENDMENTS.
Another amendment was adopted pro-
viding that fremens pensions shall be
amendment will increase the pensions
Of five firemen from $22 80 to $50, and
Of twelve others from $17 so to S35.
City Attorney Long filed an opinion
that II is within the power of the board
to submit a charter amendment pro-
viding that real estate belonging to
the School Department may be leased
for a term Of fifty years on condition
that the improvements erected thereon
shall equal the appraised value of the
lot. The amendment, which was adopt
ed, also provides that the improve
ments shall revert to the city at the
end of the leasehold.
On recommendation Of the Garter
Amendment Committee the board
adopted Supervisor Hooks proposed
amendment to the charter providing
that any reputable applicant who has
been refused a permit to sell liquor by
the Police Commissioners after hear
ing may appeal to the Board of Super
visors, who shall have power to issue
license if it finds that the permit was
refused for no just cause.
Another amendment was adopted re-
pealing the section permitting the Tax
Collector to employ a special attorney
for the collection Of delinquent taxes.
Still another amendm t was intro
duced and referred to the Charter
Amendment and Finance Committee.
It provides that the limitation in Sec
ton 13 Of chapter 1, article 3, upon the
rate Of taxation, shall not apply in
the case Of the interest upon the claims
for materials furnished to and work
done for the city and upon unpaid
teachers salaries, the payment of
which was authorized by a constitu-
tional amendment and gives the Su-
pervisors the right to levy a special
tax to pay such interest.
MORE PAY FOR FIREMEN.
Petitions sig1ed by some 1890 quail
flied electors, requesting the submis-
sion of a charter amendment provid-
ing for increases in the salaries of GER
tain members of the Fire Department
and the fixing of a regular vacation
therefor, were filed yesterday with the
Board of Supervisors. The petitions
were referred to the Charter Amend
ment Committee.
The proposed amendment provides
for monthly increases in salaries as
follows:
Captains, 1920 to $3.50: lieutenants,
500 to 1925; engineers, SIP SO to
1922 so; hosemen, after two years
service. 500 to $110; hostlers, SEQ to
s75.
The intention is to subordinate the
engineers to the lieutenants as regards
salaries and there is liable to be some
friction in this connection, as the en-
gineers propose to petition for an
amendment to increase their salaries
to $40, as prevailed under the old
consolidation act.
Under the law when 10 per cent of
the electors petition for a charter
amendment it is mandatory on the
Board of Supervisors to submit it to
the people. The board, however may
submit an alternative amendment and
in this particular may amend by fix
ing the salaries at some other figure
than petitioned for.
FIFTEEN DAYS VACATION.
The amendment also provides that
each member of the Fire Department
shall have fifteen days vacation each
year and four days off of twenty-four