The San Francisco call., 1910-06-07
fine DISTINCTION
in government
Opposition to Geary Municipal
Line Splits Hairs in
Argument
Admits That Water and Light
Plants Can Be Run, but
Not Railroads

On the meaning of the word govern
mentdl' hangs the fate of the Geary
street bonds, for it was upon this point
that the counsel for the respective sides
advanced learned arguments yesterday
in the hearing before the supreme court
to restrain, by injunction, the sale of
the bonds. Behind the construction of
the word lies the greater question of
the powers of a municipality; but the
extent of its powers has to be judged
by the definition of the word by the
supreme court
Six solemn supreme judges and bat
terry of eminent and earnest counsel
are engaged in the definition. Attorney
William |. Brobeck. representing Hor-
ace d. Platt the alleged Injured tax
payer, who seeks TO enjoin the city
from proceeding with the sale of the
bonds, raised the point.@ His argument
as in the lower court, was in main as
follows:
The city was selling the bonds under
the provisions of the charter; the char
ter provisions give the city nothing
more than governme entail powers; and
the construction and operation of a
street railroad was not ''governmentar'
IN Its scope. Therefore the sale of
bonds for the road was unconstitutional
according to the constitution of the
state.
On this Brobeck dilated at length
He swept into side issues. He declared
that the city the moment it began to
construct and operate a street rail-
road became distinct and apart from
municipality, assuming the liabili-
ties as private corporation. And the
sum total of his argument was that
the street railroads could be operated
by municipality only by special priv
q hn GOV rAie e%o
LIGHT AND WATER o. X.
."Then." said Judge Shaw, "do you
say that municipality has no right to
construct and operate its own public
utilities?"
Not at ALL" replied Brobeck; lit
can construct and operate such public
utilities as can come-within the scope
of its governmental powers. 1t can
construct and operate a water syS-
tenn, for example, for the end of a
water system is that the people may
be furnished with pure water and the
health of the community is thereby
regulated. 1t can construct its own
lighting plant, for it must have con-
troll of its fire protection. But in the
case of street railroad nothing of a
governmental nature can be related
to it,
Can a municipality operate it's own
bakeries?" asked Judge Angellotti.
I scarcely think so,' said Brobeck.
IF pure water is governmental, why
not pure bread?"
Il do not think pure bread would
come under the term public utility"
said Brobeck.
Assistant City Attorney Thomas E.
Haven opened his address by defining
the word government as follows:
Government is an exercise of au-
thority in the administration of the
affairs of a state, community or So
ciety."
With this as his basis he argued that
street railroad was an affair of the
community and, being an affair, it was
within the exercise OF authority of the
municipality; therefore, it was gov
ernmental and. of course, constitu-
tional He lightened the gloom of the
portentous arguments by quoting from
a brief written by a member of Bro
beck's firm in which the argument was
just contrary to what Brobeck had
been saying for the hour before.
SAME QUESTION INVOLVED
This case was where the same ques-
tion came up as to whether street rail-
roads operated under city charters or
state laws. Brobeck, then representing
a street railroad in San Diego, which
operated under city charter held
strongly to the former contention.
The lawyers were given five days
each in which to file supplemental
briefs and replies. The probabilities
are that decision will be handed down
before the end of this month, the evil
dent intention of the supreme court
being to clear up the matter before
July 1.
STOPS RUNAWAY Brown. a carpenter
WI lives at 1854 Howard street StOpped 4