The San Francisco call., 1910-06-26

to include a street railroad. There is
no possible foundation for the claim
that the intention was to make water
works the only public utility that could
be acquired by the city and county
Another point was raised by Brobeck
as TO whether the state had the power
to grant by charter the right for mu-
nicipality to acquire its own PUBIC
utilities OF this the court speaks thus:
If the state deems it conducive TO
the welfare Of the inhabitants OF city
that the municipality shall nave the
power TO itself acquire and operate Tor
their own benefit any such utility IN
order that they may not be dependent
solely on the establishment or opera
ton thereof by some private corpora
ton. or person, there can be no DOUBTS
Of its rights to confer such power on
the municipality"
FUNCTIONS OF THE CITY.
Brobeck argued that there was
distinction between a street rallroad
and an artificial lighting plant main
tanning that the latter was allowed 10
be municipality owned as 1t lnfrlngeo
on the governmental and police func-
tions of the CITY. but that street
railroad was entirely distinct from
such functions. The supreme court
briefly dismissed the laborious conten-
ton in the following words:
There is no material difference here
between an artificial lighting plant
and a street railway. Both are mat
ters pertaining to the internal affairs
of the state, as to which the state mas
absolute powers"
1t was on the question of the mean
ing of the word government on
which Brobeck launched. his most
learned arguments. His contention
was that the charter allowed the city
governmental functions and that oper-
atfng street railroad was not one of
them.
MEANING OF GOVERNMENT
In reply Attorney Haven declared
that government meant the regula-
ton of the affairs of a community and
that a. street railroad was an affair"
Around this issue the battle ragged and
the supreme court declared Haven the
victor in the following words:
s.The term government affords no
warrant whatever for the narrow and
unusual meaning sought by learned
counsel (Brobeek) to be attributed to
If as Il is used in section 8, article IL
az the constitution. The word govern
ment' is defined as being the exercise
Of authority in the administration of
the affairs of a state, community or
society This definition includes every
function which may lawfully be al
lotted to a municipality TO perform.
No other meaning can reasonably be
attributed 10 the word government as
used in the section. To hold other
wise would be to defeat in most ma
terial part the manifest purpose of the
whole scheme of. the freeholders'
charter"
FREE FROM IRREGULARITY
The decision follows with a. review
ing of the steps taken by the city to
arrange for the sale of the bonds,
finally holding that they were free
from substantial irregularity.'
The plea OF Brobeck that the city
had ample and adequate transporta-
ton already was not given much con-
sidera ton, the court holding that it
was a question for the legislative
bodfes to settle, and one with which
the judicial department had nothing to
40 In conclusion the decision reads:
.sNhstever basis there may be for
the doubts expressed as to the wisdom
~ the policy of the acquisition and
ar,era ton by the city and county of San
francisco of the proposed municipality
owned street railroad, we have no
so,,ht that the city and county has
80 mower TO construct and operate the
san,e and the power to incur a bonded
tndebtedness for such purpose; and
asso that the proceedings in that be-
s,e nresented for review on this ap-
at ere free from substantial irreg-
pSa,itv II necessarily follows that the
e-ss.I,sion of the trial court was COR
soat The Judgment is affirmed as is
aSso the order denying plaintiffs mo-
tion for an Injunction.
The decision is signed by all OF the