The San Francisco call., 1910-03-31
CHARTER AUTHORITY
TO CONSTRUCT LINE
Haven Shows City Has Right
to Build the Geary
Street Road

1T has been the ruling of the United
States supreme court in recent years
that grants of franchise and special
privileges should be construed in favor
of the public declared Assistant City
Attorney Thomas E. Haven yesterday
in his closing argument in the defense
of the Geary street bond issue.
1T is the principle of the city at
torney's Office that everything should be
presumed in favor of the public. The
position of the other side is that every
thing should be against the public.
That is the only basis on which L can
account for the stand of counsel.
The attitude of the courts in ruling
In favor of the public does not show
an anarchistic tendency, as has been in
timated. 1t shows that the tendency
of the courts is to follow the spirit of
the people. In those matters of public
policy the supreme court of the United
states has gone farther than has the
supreme court of California, as counsel
has construed its decisions.
IF this question ever gets to the su
preme court 1t will be held that the
city's powers are broad enough to en-
able it to construct public utilities.
On that broad foundation Haven built
up his argument in support of the de-
murrer filed by the city to the COM
plant of Horace G. Platt, tax payer
against the board of supervisors to en-
join the issue of the Geary street mu-
nicipal railroad bonds.
The case, which occupied three days
IN argument, concluded late yesterday
afternoon with a short closing address
by Attorney William /. Brobeck,. rep
resenting Platt. Judge John F. Eli
son of Red Bluff, who heard the case.
VIII hand down his decision in Tehama
county, in which county court the suit
is docketed. Copies of the decision
viii be sent to this county simultan-
eously with its fling in Red Bluff.
BROBECK'S BAD LOGIC
Brobeck's parting shot at the de-
murrer was fired from a gun of dis
appearing logic. He had contended
that the election in January, by which
the Geary street road bonds were au-
thorized-by vote of 81, ISL to 11,704-
did not show a popular demand for the
public work. Only a few "doctrin-
aires" wanted the road for experimental
purposes, he had contended Yet, he
warned the court, If the bond issue is
validihed and it is established that
municipal street railroads could be con-
structed in California the municipalities
of the state would go forward reck-
tiles, for which there is no popular
demand and the day will come when
nothing but reputation of their bonds
viii save them from bankruptcy"
City Attorney Percy V. Long was
present in court yesterday morning for
the first time since the argument be-
gan. He took no part beyond con-
ferring with Haven and Assistant City
Attorney John T. Nourse on points as
they would arise.
In his argument Haven contended
that the legislature has said that the
city may adopt a charter for its own
government and that the charter which
San Francisco adopted under that right
gave the city power to operate public
utilities The right to operate them
came under a governmental power. The
original provisions of the charter spe-
CITED street railroads among other pub
lie utilities which were recognized, and
while the subsequent amendment did
not specify street railroads or other
utilities, Haven held that they were
understood to be included
RIGHT VESTED IN PEOPLE
The object of the charter, insisted
Haven was to give the people of San
francisco freedom of legislation.
Everything should be construed in ia
vor of the public.
right TO engage in that work?" asked
Attorney A. Z. Shaw, associated with
Brobeck.
"Yes, the people of San Francisco
are sovereign" replied Haven. IF, for
example, after the fire, the United Rail-
roads had not reconstructed its lines
and there was absolute need of trans
portation the city would have the right
10 supply it. The police powers may
be extended to meet the convenience of
the public. / claim that the rights of
the people are supreme. The other
side claims that the rights of capital
are supreme.
The charter of the city is as much
a law of the legislature as is any law
which the legislature passes. If the
intent of the legislature was to convey
this sovereign power to San Francisco,
then it should be considered as con-
veyed."
Discussing the contention of the
complaint that there were existing, in
the name of the United Railroads, fran
chises over five blocks in lower Geary
Lobos avenue, the western extension of
Geary street, Haven claimed that the
city could recover those blocks for its
own purposes.
In the afternoon Haven spoke of the
"bogie" suggested by Brobeck that the
road was to be leased by a eoterie of
millionaires." The entire proceedings
is entirely inconsistent with any idea
but that the work will be carried on
bysthe city and county" said the as
sistant city attorney.
During Haven's address he quoted
copiously from many decisions, citing
authorities offered by Brobeck, but Civ
ing different interpretations of the law
from that of Platts attorney.
Brobeck replied briefly in rebuttal
with more authorities and more argu-
ments. His last words were an attack
on the speculative and experimentaP
aspect of public ownership of utilities