The San Francisco call., 1913-11-22

OPERA HOUSE
CAUSE OF
DIVISION
Public Opinion Split on Veto
Interposed by the
Mayor
Continued From Page !


against the veto, the Labor council is
for it. Citizens in all ranks of life
have expressed opinions pro and con.
There Is move on foot to have the
people vote on the question, and there
is Rolphs suggestion that the build
ing be donated as an outright gift
In its resolution adopted yesterday
the Chamber of Commerce approves
opera house ordinance and expresses
the hope that the supervisors may
find 1T consistent with their idea OF
public duty ito conserve to the city
the benefits of this public donation
and to take such means as may be
necessary to attain this result
The resolutions adopted by the La
Dor Council express warm approval of
the mayors veto and give him high
praise for the stand he has taken.
Mayor Rolph himself remains firm
in his initial declaration that the
opera house must belong to the city
absolutely; that perpetual rights to
certain seats and boxes must not be
held by the donors, their heirs or as
signs; that the control of the opera
house must not be vested in q self
perpetuating board of trustees beyond
the control of the city, and that he
hopes the city will get the opera
house without conditions.
Against this latter declaration VIII
liam III. Crocker. Joseph d. Redding
scribers, declare that negotiations are
ended so far as the mayors desire for
an out and out gift is concerned.
AS six members of the board of SUI
pervisors have thus far declined to
commit themselves on how they will
vote when Mayor Rolph's veto Is pre-
sented. no one can say whether the
veto will be sustained.
FOR AND AGAINST VETO
Pledged against the veto are Su-
pervis0rs Payot, Jennings, Mauzy, Nc
Leran, Mccarthy, Caglieri, Murdoch
and Bancroft. For the veto ares A.
Hooks and Nolan. Those who are
noncommittaI are Giannini, Hilmer,
koshland, Murphy, Hayden and yogel-
sang.
AS IA votes are required to over
ride the veto, the change of one SUI
pervisor from the doubtful or anti
veto column to the ranks of those
n'es~ea 70 sustain Rolph would result
In his being upheld.
DIl the other hand an addition Of
six votes to the eight now pledged
against the veto is required to pre-
vent the death of the opera ordinance.
As Monday is holiday, Tuesday
will be the next regular meeting day
of the board of supervisors, but the
charter states that the veto shall be
acted upon not sooner than FIVE DAYS
after it has been handed down by the
mayor, and not later than 80 days
thereafter This would preclude its
consideration at Tuesdays meeting,
and 1T is quite probable that advan-
tage will be taken of the full 80
days before the matter is put to a
vote
This plan was advanced by Super
visor Paul Bancroft, who calls atten-
tion to the fact that Supervisor vogel-
sang is at Washington, and will not
return until after congress acts on
the Hetch Hetchy bill. To give him
an opportunity to vote on the vetoed
ordinance action will be postponed
EMINENT DOMAIN stGGEsTYON
Bancroft has prepared the follow
ing resolution which he will offer to
the board at Tuesdays meeting:
Resolved, that the board of super
visors request the opinion of the city
attorney as to whether the power
rests in the people or could be so
vested by amendment of law to ac-
quire in eminent domain or otherwise
the rights, interests or privileges of
the donors of the proposed opera
house, providing the proposed agree
ment should go into effect
Replying to Supervisor Bancroft,
City Attorney Long this morning said
that the people had no power under
the existing law of emminent domain
to condemn the special privileges in
connection with boxes and seats in
the opera house ordinance which
Mayor Rolph has vetoed
Long, however, states that 1t will
be an easy matter to have the law
amended by the legislature so as
to give the people power to acquire
the right to the boxes and seats by
condemnation.
The fact that this amendment to the
law has been under consideration for
some time indicates that the legal
protection for the subscribers rights
to the seats has been regarded as Sc
cure from the outset.
Bancroft had the hope that after
the ordinance went into effect the
people might secure the privileges
originally given to subscribers, by re-
sorting to condemnation.
This amendment to the act, accord
ing to Long, could be accomplished
easily by the insertion of a few
words.