MICROFILMED 1985 UNIVERSITY OF CALIFORNIA - BERKELEY GENERAL LIBRARY BERKELEY, CA 94720 COOPERATIVE PRESERVATION MICROFILMING PROJECT THE RESEARCH LIBRARIES GROUP, INC. Funded by THE NATIONAL ENDOWMENT FOR THE HUMANITIES THE ANDREW W. MELLON FOUNDATION Reproductions may not be made without permission. SN 0044S. 5 THE PRINTING MASTER FROM WHICH THIS REPRODUCTION WAS MADE IS HELD BY THE MAIN LIBRARY UNIVERSITY OF CALIFORNIA BERKELEY, CA 94720 FOR ADDITIONAL REPRODUCTION REQUEST MASTER NEGATIVE NUMBER ¢5_ (542 AUTHOR: San Funes sco - Charters, 1894. TITLE: The hans of the of and County of San Franeiseo - (749. PLACE * San Franes sco DATE: [849 VOLUME F 869 CALL S384 s MASTER %9° 1899 NEG. NO. 1992 pL rR \ VE 9. Charters, 1573, r of the city and county of Sen rran- "_ D204 Tne 1393 cigco, 183 TBE9 San Francis C ta 0 ct In Wo oO . a vy sr—————— RE a Ek GY SRR SR Re SHE FILMED AND PROCESSED BY LIBRARY PHOTOGRAPHIC SERVICE UNIVERSITY OF CALIFORNIA BERKELEY, CA 94720 sono. 8|5 1/565 DATE 4 8|5 REDUCTION RATIO 8 DOCUMENT "SOURCE THE BANCROFT LIBRARY —— nnmnnm [INCHES I I 1 { [ ' 10 NO On 122 fiz & No “ jg MICROCOPY RESOLUTION TEST CHART [lL lie NATIONAL BUREAU OF STANDARDS-1963-A LL | 2l I [ ! 3 y 6 I 4 Lg l (TTT repr TITTTITTITITTITIT mm 1 al 1 | LLL berries [TTTTTTITITTIITITTIT NC [THTTTTTTITITIT ITI CHARTER THE OF THE CITY AND COUNTY OF SAN FRANCISCO PROPOSED BY A BOARD oF FREEHOLDERS, MARCH 25, 1898 RATIFIED BY A VOTE OF THE PEOPLE, MAY 26, 1898 APPROVED BY THE LEGISLATURE, JAN. 19, 1899 IN E¥rrecT, JANUARY 1, 1900 - A PA. = Meg W ANNOTATED BY I EDWARD F. TREADWELL, LL. B. (OF THE SAN FRANCISCO BAR) SAN FRANCISCO BANCROFT-WHITNEY CO. 1899 a CoryRIGHT, 1899, BY KbwaAaRrD F. TREADWELL 22086 hy TABLE OF CONTENTS. TABLE OF- CASES CITED. .........siciacnctsssviransivsrsisrsgrnss sineieonsvensasnns Vv TABLE OF CODE AND CONSTITUTIONAL CITATIONS..........XXV INTRODUCTION Loi srivioeiinerovsarsasonnsns sanssrsonnesnsnshs vades drpissssnere yeanssnies 1 ARTICLE I—BoUNDARIES, RIGHTS AND LIABILITIES (oo, 27 ARTICLE IT—LEGISLATIVE DEPARTMENT. CHAPTER I—The Board of Supervisors............cooevveenenne. 32 II—Powers of the Supervisors........ ....coivvenenes 53 TUL —CONLIACES .......civecrincnnsons rnin intrsinmsnnsrsnnnsuns 8 ARTICLE III—FINANCE AND TAXATION. CHAPTER I—Levying of Taxes......cccooiiiiiiinnininnninnnnnnn, 87 II—The Several FundS.........ccc.v..ciorvarersanerosicnee 96 IIT—The Custody of Public Moneys......ccceeeuenns 100 IV—Payment of Claims ........c.cooooiiiiiiiiiiiniinnn 110 ARTICLE IV—EXECUTIVE DEPARTMENT. CHAPTER T= MAY OF ....... ios srerssvssnscsessnisressssusssrvsnsvenrassrans 111 El AAI OY io iiieiirinsseninisseiossssnstsassninmsessnsnsees 115 LI ROAST OY aa issn issih sin sins mnsnrntsmnrissnvnssnen 119 IN or A SSCS BON iors csciirssseiinranriniiebnssssnsessessnreisiaive 124 NRX ColICCLOT.....ccoiioriiiriinaenaiiins binin ashanssanss 125 NL -COTOMEY aio. roieiiiniiniiiiriisniine Siossninsasisanssnssens 128 NIL OCOIAOE Lr ociveoiiriicisiinisnssssinnssiadsnsssanstenrans 129 ARTICLE V—LEGAL DEPARTMENT. CHAPTER I—Superior Court Judges..........coceviiiiniiiinninin 131 I1—City ALLOTNEY «cove veerrevinrsriinsrnsrsssessenssenssens 131 III—District AtLOTNEY.........c..oc seressvrrssanssansns veces 134 IV—Public AGMINISLrator ............cooesiisnersenssneres 137 VV CORNLY Clerk. ci crsieeee inns svssnsisssssrnsenssserssves 138 VN l= Sher Il oii. rst isirin seiiravsnrassnsmsrsbsisasnsisnhstssssan 139 VIi—Justices’ Courts ..........ceees «ue errs iiss cetesines 141 VIII—POlICE COUTLL ..c..ccoc.cntirissnnninestrirrininss seessnsesne 143 IX—San Francisco Law Library...........cccocoeneaae. 153 ARTICLE VI—DEPARTMENT oF PuBLIC WORKS. CHAPTER I—Board of Public Works ....cccovvviieniiiiiiniinne 155 II—Improvement of Streets..........c.cccceeiinnnninnees 178 III—Opening of Streets.......c...cceiiiiiiiiiiininnnn cuiene 240 IV—Sewers and Drainage .......ccoeeeenvnieininnnninnnns 257 V—Harbors and Wharves .......c.ccceeveiennienneennnns 260 XL iN ~~ hd ~~ Fo —a -' v —— TasLE OF CONTENTS. PAGE ARTICLE VII—PuBLic SCHOOLS AND LIBRARIES. CHAPTER T—Board of FAUcalion ........ i. vsamsstisrasess 262 IS ONO0IS. re ib dea denen its drs sas danas 264 IITI—Powers of the Board of ISducation.............. 265 I V—Superintendent of Schools. 202 V—8choo]l Tax JievY .....c...crceinrersnivinrisvsnranusres 276 V I—School Houses and Lots... Sei Rey 978 \VII—Public Library and Reading Rooms... 280 ARTICLIE VIII—PonLicr DEPARTMENT. Carrer I—Organization IT—Police Commiissioners............... III —Powers of the Board... .....cioiiiiimdissss ions : iV—Chiet of Police V—Subordinate Oflicers VIi—Police Officers VIl—Promotions, Suspensions and Dismissals. VIII—Unelaimed and Stolen Property [N—Dresent Police Foree NX — Police Relief and Pension Fund................. 2 ARTICLE IN—FIRE DEPARTMENT. Carrer I—Organization and Powers I I— Duties of Commissioners I1I-—The Chief Engineer IV—1ire COMPANIES. ...... .........coinesvinsvnasvnssy inasons V—I'ire Marshal VIi—Iire Wardens VII—INiremen’s Relief Fund VIII—Salaries IX—Department of Electriciiy.....ooinvvveinnninnns ARTICLE N—DeEprAarrvMeENT oF Punic Hearn ARTICLE XNI—DEPARTMENT OF ELECTIONS, CHAPTER I—DBoard of Election Commissioners... ..... Ie 11—Municipal Ilections..........ccceenveeiiennnrinennnnnn, 33. TABLE OF CASES CITED. PAGE Aho] iv Clark, a an a Sasi See HO BY Ah You, Kx parte T.90 Alameda Macadamizing Co. v. Huff. ................. Hi», 199, 215 Alpers vv. San Peaneldgea.. o.oo dade sae dee nan Amador Co. v. Kennedy Aes Vv Ran IEaneIROO. nc viv eas lee eon ete lates ah sees Amoskeag Bank v. Ottawa ABYSS ov, Aer... i ais ee a ee ake Anderson v. Com Anderson vy, Ye Urioste. ... ..... 0.0. vies vv. Andrews vo PEARL. . a aie ae ae ea eka elle Archer v. Salinas City Argent] v. San FvaANCISCOL Lo... cei sr Sa aia miei Armstrong. EX PIR. ..... 0... aianins an sins slr palais aie Arnold v. San Jose Alana vv. Gate CHY fe. 00... ...ovur in nnvsrnrvns Attorney General v, Bau Claire. ........ cocina vasrascnssnrnss Babcock v. ARO0ARICHE, «c+ viv vnc ainsio nis sdnonine esas Bajley Vv. JOBNSON. . .. con svirvcrnssnsrsvsrsnssssassntsnsnnes Bailey v. N. ARTICLIL ARTICLE ARTICLE ARTICLE ARTICLE SCHEDUL NII—AcquisiTioNn or Punic UTILITIES XII TCA SERVICE. corse ain satssssis dssvestarnn sn rastass 3 NIV—PARK COMMISSIONERS....... RAE hr 358 X V-=-BONDS OF OFFICIALS. co... liiiiiiviisiiiiinreissssraiaararserisnrans 366 NV I—MISCELLANEOUS. 371 | O) : ; 387 APPENDIX... es Sy SR ess Ak set heh Rye a Ste ewes Ren Lass eee DO) INDEX Bailey v. Bancroft SPCR ISOPN. o uss ss arses ravnsnsnrsnyressvsnsehnnmnn y. Nan Diego Bank of Chenango v. Brown Barnett v. Contra Cost COMBLY . .... cc connor vinsrnsing ses Barry v. Goad Baytonh Vv. BRUHOCh. . «.. cc. inniiivine sivinsinns vn nmr assess Barton v. McDonald Barto v. THEN. ........ 0 cove ve cnnnsioninsvrrrnsinsssensivys Bassett v. Knwright days v. Lapidge Beale Street, In Beaudry v. Valdez Bolby v. MeISeRzZIE. ......coiccivivvnsiornssrssnacrnvnneranias Belser v. Hoff schneider 8 9 | : 1 1 : 3 i 4 i f: : 1 4 N DN 731 . vl TasBLE oF Cases CITED. ; TaBLE oF Cases CITED. vil a | PAGE 1 PAGE Benninger, EX PAPIC. ..... i viiycivsssioriinen sank 06, 289 : Buckman Vv. PerSuSon........... .:ccocseretnrsriesnsnsnssains 170 i Bernstein v. DOWNS... .. i iid ciieassridsd des vais 145,176 : Buckman v. Landers. .......... cc ova ianaves 177. 2006, 215, 223 Beveridge v. LIVINZSIONE. .. .....c.uiivivinvisiivsvaiininssivne snr TET Bulver, TH 1a... ...... cic snerrinsrsrsinsnndsnsyvneiios S307 Bigelow v. Ballerino. .... 0... vans aged nionennsyivas, 236 ; Bulmer, Bstate of... .. ....... 0... ih itive 270, 271 | Billings vo. Halli ..... oo ivhinisiss san svanvnesin ats mean 38 i Burk v. ARSCRUL. ... oc... ii nid rina inns ea sea 235 i Billings v. FArVeY. ......... se vidi nie a EGG 5S : Burke v. TUPNEY. ........ vives eran vsn vrais 173. 218, 222.023 1H Bishop v. Oakland... ....... co viesavivneiaiassbadanihesaah 17, 140 1 Burnett v. Sacramento. ............... iii 189, 190, 195 i ¢ 3 : 1 » . ES) [ii Bishop v. SUperior Court. .........ieiivsivinvnnivensnnsianass 2650 1 Butler v. ASHWOIrtH..... 0... tiie rarsersnsss sans nnnny 31 ih Bixler vv. Sacramento... .. oui oni isn ides Lr ses is a HY) 3 i | i i BIA vv. TAI. o.oo visa nds s vide siamasitwnsrls sin isis a oy Cc Hi BIandie ¥. BUT... coven vsnns sissies ny ya versie vr aly on : - or il Ric Die) ) : Callender v. Patterson. .......ccovv vv ssvnrscarssesnnnons 170, 175 | RENCE VY, DAVES, .. oe ce ie a ae ieee TT : a Wa H BI Q r : a ne i Campbell, Ex parte... ..........oovnvitrnnstsssnsereserns G0, 61 | | OOM V. Sal PraNcISCO. . .c...c. iv vns imvnisie sna svinns sven ; . ‘ I : i \ : in Praneisco pe " Capron v. HItehCOCK., ......covivvsurcrvsnnnvsrasssanssns 191, 218 I 5 i v r ph 3 Wy 0 ! iy 20 : Carrillo, BEX parte. .....«.scesssvcrrsnessansssserrssrvrnnss 17, 146 i : ard of luducati z. WEEE IVI, ovine ie ee ree a > 2 ; oh -_Q ow HH 4 9 BE Dutdention ¥. Tom 0, = i Carroll v. SICBENtRAIEY. +c vvvvvvervrsvrsrsmsrsnrsrsrsnnnsnn TS. R1 ih s Board of Education v. Fowler. ...... cov. caves can vinnie 270, 279 : : 91 {LH 3 yg : ; hs co i Cashin v, DOAN. ...vomririnstrvansensvas sas srr ors srs rsrsenh D1 iL : Board of Bdueation v. Martin. ......... cc. vvusns vrs senna 270, 279 % ois \ i Hl | B | of Rall 1 i Mert Sr ty i i Casinello, BX Parte. .....cccicrevsvsennsrrssassrssssverssvrvsvns 6 ili : oard « alroa 11S] SY, Midrkel ol, RO aie eee den ' 3 i i a no ; ii 4 Copnmisgiohors . Mahel 5), RE Co SW 160 ‘ CPB RCO Y PIO... ..concrvinr asso stonanss sn ssvsnubonch “W) | ( 7 3 ig owe ee ee ee ee ee ew ee eee we Tee a ee ee ee S ys Ado 5 3 p-— — —— OD . — —-— . mv oo) $2 ; i J n 9 ol ni 3 > ; Chambers v. Satterlee. 173, 174, 175, 184, 193, 195, 197, 217, 234, 25% hi! Boonville vv. PRISE. ond sinin bo dian iiss hn anv oh show niwbuisisigiis 37 3 a © i B Q t ¥ Barl 184. 192 3 Cheney, EX parte. ......ccovvvvtrrinrettrasseerstansrnsrnanens 02 i oorman Vv. Santa Barbi... .. cv. vs cova sini vainr ses 4, 192 i : : () Of Hi _y B I of orl 7 4 / } Chicago ete. R.R. Co. v. Joliet.............coiivvinnnn 180, 243 orough o OLIV, POUSCIL . ii iis tena nas San ay kien amin a HO 2 oo oy == > oo Chico H. 8. Board v. BUHE €0.... ou crrrvinsninsnsossrsrsanes 277 Borrowdale, TH... ui viiinsisvionnss sin saat cassis sue mes 37 3 ta WF X 0. 61 1 , " . Chin Yan, Bx parte. ......c..cccvvssvrsnssscrsssenssnnrnns 60, © || Boston M., & M. Co, TR EC... .......c0ciiinsiniacvssivssis anise aist ine 38 4 “ (HN a : Chope V. BaTeRR. ... cc. csceternmstnsvsnrarassrsassnnnssonnsnns 3 8 Boswell, T0X PAPER. . ov ovr vs ven sini cain sini ini ois nininie a sainiminaie aininisse +0 : .. A 50 HER i a Christensen, EX parte. ....... cove vtrvsvsscassrtiennnrssssnnse ol 1 If Bovie v. HHteheoeR. ......o.iviiiiissivisnivinssnas sansa srmnse 215 : tis . ee Hi 3 Bradiond < Io ‘ 01. 92 Christie v. Sonoma Co.........covviiititiiiiiiiiiiiiiraean. 1 il Bradford v. San FranciSee. . .......c vv. ene cansisnssnsnnnvess 91, 92 . " asa IQ 4 : : ie) : City Street Improvement Co. v. Babcock. ..................... 183 HI ; Bradley ¥. BARE, . .. ii oni sicinniniesminis aieieiaie ios sibs on deta +1 : 29 | {H{8 | by CIEE A. VOR ss nisninns iaannsnvnis sini sn ain sis ans snsnss 22 If Bs Bradley ete. Co. Vv. LovIG. ...... cc. uiinensrsrrnersesnnanssne 37 ‘ : 209 [4H “we : 3 IGLEE FN. BIB. . oso tcvrnvnnsnsrsssssnssnnsnmenovsssssnenerions 2 i! Brady v. Basel. ....oovvensseennssncsesnennsseness 166,178, 192 3 , a9 [heh > ” 3 Clark V. POTEeL. . «coor versssstnssnssssrssssssasssssssvsrnsns 212 le Brady v. BORE. ........ cn .isvirnisssarsansins 177, 184, 222, 2214 3 : 170. 178 | roi 3 Cochran V. Collins. .......cconrsssinsncnssnnsssnsnssssns 70, 178 HM Brady v. PelsSel. .... ccc overturns ssnnnssnsionsnvss 165 Cody v. Murphes 15. 17 il 1; " o dy v. Mur CI GE ERE APE EEN NR rs D. Brady v. BING... 0. inns idan 185, 195, 208, 224 y 2 0=:) i > v : Coli V, Parcels. ..... ccovvvsiesesronsinvsssssosssnsssransnns 35% i Brady rv. Page... ....c.v.ouisinvsnsrranrsrrspronnnseeenss 176, 197 NALIN 7 i i ry ; Com, V. MI WIHAMS. . ... cou veisrrsssssassrssserssssseessnsenn q \ Brock vo VHA. «cori dos vninvnideises sidaaan venasess 174, 177, 218 i ~ ie i 992 A i : Coniff v. Hastings. .....cecvvvivvsrrnnnrrasnsrnscrsrrrrnrrnses 223 | Brook ¥. HOPIOH. «sux unsisenerinnsnivisssnsrsvnsnsnnsnvsnns 236 3 : I 76. 197. 220 J Ne - 5 Conlil VV. SEAMICH. ... covrsevssssisasmsssnsrassessy 176, 197, 22 hi | L Brooks Vv, IHSCHEY, . conve siarnnrsnninsgnsnssssnnsnnss 14, 15, 391 ” 29 | i COOR ¥. SUAAOIH, oo cssrversssssssrrssssonsrvssssstnsrrvtrsvs 23 i : Brooks Vv. HEde. .... ci... cicnninnsnnsinsnsnsnssnininsvrsonrs 16 i . a7 on | Q 3 County of Crawford v. Spenney..............ooeeeeeuerennens 31 Hi of Brooks V. SAHENEe., .....c.ioversstasrtvrrsvssinerencrsrrstsn 165 34. 355 il 1s : : . 3 Crawford Vi. DUNDAL. «. cov cos errsccasrsnnsrsnvsnssrsssssnsnns 34, 355 HE Brown v. Board of Education of Pomona. ............. ....... N1 ] or A E | Brose Ten . Crawshaw V. BOXDUIY overseer crcttrrsnnsssvsssssssssssnnss WT | Eo OWH ¥, FONE. vsti sas snivns sins sia dan sane ans sns I : - soo | Ff : ! Creighton v. ManSOD......covvee eevee 184, 195, 196, 223 i Bruch vv. ColOIIBEt. . «vices tannins ss resan nities vy svsilss te 16 3 =a Ii n 3 Croly v. Sacramento. .....coveuee nner eiieraean anne 373 Hi Buck Vv. BUECKR. cv vrs sssnvnrsneis snsivesritrsnsssssssyos samy 132 : oT - 3 OroShy v. LYON. ....ccocceertnnrsrrssreserassrnansnsrscnsnnes 20 i Banekman XU. CUIREO. «ives ari iy er saws ae a Gr ti 176. 211 of Backnall wv. SOY... ia vt ene 17, 223. 234 ill 3 i 5 | lf § il : 3 if FS i | f ! 118] iH 43 L oe . 8 ¢ 1 vii 7 \ on Clits Cor TasrLe or Cases Cirep. IX El FABLE or Cases CITED. : PAGE | yer wv. Parrott. ea | Cl D PAGE Dyer vo Pisley. LL a ea ea a 221 i DAnn vv. JoekSon 86 W. 00... 000i oni iy : Dyer v. Sealmanint........... ooo iain oon ITH, TOG, DTS Prey Vv, Mall Jae. cu rere 8 | b i Davies v. Los Xngeles, ....... 0000.0. 4, 17, H), 200, 242 23 244G HB | Deddy v. Townsend. ....... 0h oo cicia sii yes Sys 215, 233 Earle v. Board of Education. ....................... | Dehall v. Morford. .........coouivernnnnnons vos 103, 048 048 oyu 3 Eby v. Red Bank School DAst. .......... 0. coin annie dann. 204 di Dalmvey, 1X Ve. 0... a at vies aS G1 A Bde vo IB a Le Rn Se 176, 1757. ViiE. 21h 220 ] iH Denman v. Broderick. .......00 00 0inns 1. 19. 328 . Fdwards vv. Denver ete, BR. Co... ... 00 0 000 0 ai 37 | ea A wee ail . oa pi | Derby vo Modesto | me. AERO. Aa. Le ed ae a eR “3 4 Fiber vv. San Taais OMspoL 0 cl a EE : Desmond v. Dunn. .................... 2. 3 1 ow 1a 18. 20, 32. 33 | Eldridge v. Cowell.......................000nnnn ene eL nL 6 De Witt v. Dunean. ........... 243 Bmery vo Bradford. ou. ced denniiinsai TI9, TTR 105, 005, O00 . De With ov. San FrameiReo. 0... isa lo IS Emery v. San Francisco Gas Co, . 173, 174, 170, 185, 192, 195. 200 1 | } i: a Nh rr i SEY ae . ; : { Eb Mggins v. Brown,... hE Ma 200. 206. 207 Brie v. Leary... ius olarins enolase, bs dd Nd Sle ia I | we ea ee -—lle)y . — 1H ob Diggins v. Hartshorne. ...... 173. 178. 197, 206. 220, 221. 293 93 Bireka vv. ATHISEFONG. «cvs Ee LE ER oh | gv | Igiis ov, ey, oo a aa EST a 90) i Businee ov. JANN, Lo re sr nar wd a ee ete, li] | | : ion mins we DS) Ai ; i kh Doane v. Seatanell. . ....... 0. 000 nor pe ia S606, 363 i Bwing vo. Graville M. Oa, Ll nied ss Ces a 4 il Domingos v, Supervisors... .. 0. oon de : ! Donahue v. Graham... . Donnelly v. Howard. .... 5. 27 i Idvchild vv. Board of IDdueation. ...... 00 cn oh gi i Let) Donnelly vy. Mulls... hrs se es saa an 164, 168, 151 ; Faivehild v. Wall... iiiiivisinn sivas vinnan, 170) IH Donnelly v. Tillman. ...... 194. 168. 1814 } Idk ov, Beis. a a eh ee ea a es 324 Ioriand v. Bergson... .......oovuineer iin. 174.17 | 21%. ony. 207 A Fall v. PRIBE. ... oo ivivnsinsrnsnnsnrrsnenissnsarns naa | Borland v. MeGIymn. . coco nin niin. 197. 2 | 212, 217, 222 : Fanning v. LeviSton. .. cn hin son bnsiannns sansa Foti wife | Dougherty v. Cotlin. ............ccoeii... : i ER EE Eee EE RE eee } 17% i Fanning v. Sehagniiiel., . . o.oo venice sii ie a aE BouEherty ov. TRI. o's vai a SE a 3 Farmers ete. Bank v. Board of Itqualization. .. ......... 000 0 20 DOElI YX, JO ura i ra i a 171, 1746 a Param v. WHEHeE, . . .... i eins sanras ins son ress snw endl, ie Bongiieriy v. HAP PISOR. ocr iv iniinssnsnns vinss asin 190, 22: Farrell v. SSeramienio. . .... ..csvaivvinvnnnysmnssinessin HL a0 | Dougherty v. Henarie. Cr terranes 2 NY 99a § IMatjo V. PISO. oi cn a ee a ae i ea a a i Dougherty v. HitcheooR. o.oo ono ioen ey. 168. 174, 184. 208. 218 ; Felchlin, IX Pte... .. 0 cue isvin nna on ssn sieve sss wisipintalls ivi i Ol Dougherty vo Miller. o.oo 184. 213 2 Finch Vv. SUDEPVISOrS. . 0... a ide aaa va niie ns dies Fa i Dougherty v. Nevada Bank. .............. BIowhing Vv. COMBE fo sion esos de Cr men via 177 3 IYiske, IIx parte... 413 : Fitch v. SUperVISOPS. .. o.oo vise ovina vass veins insane li0y Sif Drew vv. Nmith pt — J. -\ < ’ Fitzhugh v. ASBWOrth. ........ caer si i mei aids Dd 1 Ilnherty, Matter OF, oo... cu in dan sinsioirve siiindn ses ainiaiyn yl iii) Ee ee ee a 0 i Fletcher v. Prather i — ee i Mana Driscoll vi. Toward. ........... Dunbar vo Alealde ete, of San ifranicesco Dune v. AHSChUl. oo. oni viii ssi cen sh a VTE, TTR : Flickinger v. Fay... .... 0c oeusreiitrnssnarsarnnasss hbo. Uo i Duverge Y, BE. © i i sr a a ee a rah tie a SE REL 2 - 8 Foley Y. Bullard ea a A a Ae WE ee EL eee a a a ee Ey 215 A Dwyer v. Parker ir 1 nin ie et En de Tee a ba A rE Se RPT SRY Ford v. Harbor ComirS., . co. evi vias sivas ananassae BS / [oh i Dyer v. Barstow nm a AOU SE MNEs MLR. Sold bE 175 1 Foster v. Coleman Ih Dyer o, Drogan.. o.oo... .. [Foster v. Police CONES. oie ssnievinn dns nnn ene sins ae if i Dyer vo Chase. o.oo 183, 215, 224. 234. 2905 3 ranchis Vv. SONIRS. ... hss ivees ves ca a Se HH) o Barer v. Harr Soh. ovis vr iin a vrs aaa 197. 2006 : Frank, BX DAVIE... ou ovovirins ans snes vransivgs tummies seieimne iin 60 5 | IYOr FV, HMSO. ooh vv vn vin ens ons bu tnmes Foss semivediviaans 185 3 Frank v. Supervisors... nn 27, 09 IIVer ¥, MIer. . cor iri in iiss ssteenr rarest tnsss anes 182. 245 3 Fresno N. Bank v,. HAaWRINS. .. ... 0. seine ssinissins sions 271 IIYOr ¥, NOPE. oo. vvn vicina nasi vreime nar 182 184, 220. 2327, 244 iby mt | i { | | TasLe oF Cases CITED. X1 PAGE PAGE Healdsburg v. Mulligan 121 Prick v. Low Ageless... ... coi iiiiiiiiidnasiindns 2. 28, 83, 366 J Heft v. Payne TD, 176, 177, 223 Frick v. Morford 27 : Heilbron, Ex parte 61 Fal v. Weber. ........... ii a sais vars nanan» 20 Heinlen v. Sullivan 286 Heller v. Stremmel 22 Hellman vv. Shoulters. .. ........0 ci eiidanenssnn , 37, 39, 223 Hendrick v. Crowley. ..........ccii sss eanvannarevs 105, 184, 221 Hewes v. Beis... c.iiinaiarsanravnsvnvarassasansivs 165, 197, 217 Higgins v. Cole 312 Higgins v. San Diego Water Co 5, 92, 93 Himmelman v. Byrne. .........coovtiriiiiiiiiiniirrannerss 164 Himmelman v. Booth 215 ; Himmelman v. Carpentier 212, 222 Giambonini, KX parte 3. 142, 144, 335 Himmelman v. Danes. ........cveivurrrrnasanen & 220, 222 Gieseke v. San Joaquin. ......covuvussviinenn eves Himmelman v. Oliver : 223 Gillis v. Cleveland a03%. 22.4 Himmelmann v. Bateman 221 Girvin v. Simon j 78, 217, 220 Himmelmann v. Cahn 197 Gofford v. Bush 146 Himmelmann v. Cofran 212 Grant Co. Coin. v. Himmelmann v. Hoadley. .166, 193, 197, 208, 211, 215, 234, 257 Grant v. Davenport 339 Himmelmann v. McCreery 185 GAY V. AICHE. CL ni cin diaininsns sini sa aati as a ese 211 Himmelmann v. . 215 Gray v. BIChAPANON. .. ...ovouuvviisonrnsonssnion syns vainiir sine Sl Himmelmann v. 235 Himmelmann v. Spanagel 229 Himmelmann v. Steiner 197 Himmelmann v. Townsend 227 210, 214, Himmelmann v. Woolrich b, 220 G0, 63, 28 Hoadley v. San Francisco | Hobart v. Butte Co Hodges, EX parte. .........coiiiiiititiiinrnniierennnees . 60, Hodges v. Buffalo Holden v. Hardy Holland v. San Francisco Hong Shen, Ex parte Hood v. Lynn oe Hancock v. ‘ Horton v. Mobile School Com’rs. ......ov vivian 22 Hanger v, Des MOMIGS. ...... outro sirisssnsssnsssesnnrsens “ss | Houghton, Appeal of 234, 257 Hang Kie, Matter of ; Houghton v. Austin Harney v. Applegate Houston v. McKenna Harney v. Benson 192, 196, 217 Howard v. San Francisco Harney v. Heller 185, 190 Howland v. Supervisors Hartis v. GIBBINS. ....v. ovis vrs tansssnasssnisansninsns ... 69 Hubbell v. Campbell Hart v. Gaven Hubert v. Mendheim Haskell, Ex parte 38, 66 Huffman v. Hall Haskell v. Bartlett 184, 223 Hughes v. Alsip Hawk v. Marion Co oe Hunt v. Broderick Hayes, Ex parte Hurl, Ex parte X TABLE or Cases CITED. Gaffney v. Gough Gaffney v. San TriacISeo. i. iiss da a ha a ss Gale v. South Berwick Gas Co. v. Wheeling... ......... i oe dea J a, Gately v. LeVIStOn. ............. 00 deena das ae, : Geebrick wv. Gerry v. Stontehani. ........... 0 0 uddinanie ved vise Je 115— CHARTER. X11 or Cases CITED. Ingram v. Colgan Inyo Co. v. Erro...... Jacobs v. Supervisors. .... James v. San I‘rancisco Janin v. Browne Janvrin v. Exeter Jennings v. Le Breton 217. 393 Jennings v. Le Roy 234, 257 Johnson, EX parte. .......ovi iii iiirsnniaenn anny 6 Johnson v. Simonton Jordan, BX parte. ........ccvvisvivvvsivshonscivrrensnreivsanivens Kahn v. San Francisco. 245 Kahn v. Supervisors 241 Kahn v. Sutro . 25. 32, 111, 115, 120, 126, 130, 132 134, 137, 138. 140, 142, 33 Kearny, BX Parte. ....cccocovvsvssressrsvesessvarsnsrsnnnvussins 60 Keeney, Ex parte 1) Keller Vv. HeWith. ... coun ivuvnssarsnimsnssstnnnne dns une 270, 276 Kelly v. Luning 208 Kelso v. Cole 177 Kenfield v. Irwin 337 Kennedy v. Board of Education 3, 269, 270 Kennedy v. Miller 263, 269, 270, 271 Kenny v. Kelly 2006, 217, 21% King v. Lamb 174. 184, 186 Kings County v. Johnson KDOX V. Woods. .....covnovissnrnrssssvinssssnsntsinrsnasines 270 Kohler, Ex parte Kreling v. Muller Kuback, EX parte. .....ccoevvvvntisnsssrsnsnsspannsecnnsers Kumler v. Supervisors Labs v. Cooper 197, 211 Lacey, Ex parte 60, 62 Lamberson Vv. Jefferds. ......co iin . 118, 136 Lane, Ex parte... Lassen GO. V. COMB... cv vnircrsrisniisisrssiantsadssnsovannins 56 SE AE S TaBLe oF Cases CITED. xX111 PAGE Lathrop v. Brittain 380 Lawrence, In re 3, 289 Lees v. Colgan sh EE Le Cn ee Ee , 290 Lehn v. San Francisco Lent v. Tillson 59, 190, 192, 196, 205, 217, 241, : Leonard v. January Levy v. Salt Lake City 339 Lewis v. Widber { 329 Lezinsky v. Superior Court 37) Libbey v. Elsworth Lichtdenberg v. McGlynn Liddell, Ex parte..... Lincoln v. Haugan Linden v. Case Linehan, Matter of Lloyd, Ex parte Lockhart v. Troy Longan v. Solano Los Angeles v. Cohn : Los Angeles Gas Co. v. Toberman Los Angeles I. Co. v. Los Angeles Los Angeles v. Teed Los Angeles v. Waldron Loveland v. Detroit Low v. Marysville..... Lucas v. San Francisco Mabry, Ex parte Madera Irrigation Dist, In re 22 Maguire, Ex parte 62 Mahltstadt v. Blanc 221 Mahoney v. Braverman 218 Maize v. State. aus AT Manning v. Den 299 Mansfield, EX parte. .........c.ovceetestrnssacaccrsnsnass 60, 66 Mappa v. Los Angeles 176, 177 Marion v. Board of Kducation 269, 270 MarRet St, IN PO... ..ovcrensennrrrsscsrnarnrsnsssnsens rvs . 196 Marsh v. Supervisors 16, 19 Martin v. San Francisco 210 Martin v. Wagner... ‘a 2005, 207, 235 Mason, Ex parte.... Maxwell v. Fulton Co.... Maxwell v. San Luis Obispo X1V TasLe oF Cases Criten. 3 T oF Cases CITep PAGE Maxwell v. SUPervISOrS. ....... citi savirvrinvsrsiansnnrea S82 q Mintzer v. Schilling May v. Jackson Co iT | Mirande, Ex parte Mayo v. Ah Loy 07, 222, 339 3 Mitchell, In fe....................... 00 302 Mayrhofer v. Board of Education 01, 279 i Miele Croshere ims McBean v. Fresno. ........... «ccc iiisaiinssissnanssnsreesvvons 1 : Modoc v. Madden MeBean v. MArtif. .. ...... 0 ih cviivuianns vias svar snnn tunes 214 : Modoe ¥. SPONCEL.. ......... 0.0.0 vivid 59. 136 McBean v. Reddick 218 : Montacue vy. Boglish........ nn iitiint te : McBean v. San Bernardino 199 Monterey v. Abbott McCabe v. Carpenter 277 McCann v. Sierra Co q McCloskey v. Kreling McConoughey v. Jackson McCormick v. Tuolumne Co Morton v. Broderick. ...... McCoy v. Briant 4 Moulton v. Parks McCracken v. San Francisco McCullough v. Board of Education { McDonald v. Conniff 3, 217, 222, 235 3 Murphy v. McDonald v. Dodge g Murphy v. San Luis Obispo 245. 347 McDonald v. Mezes. .......c.ccvnvivissssnnsnvnsnsnnns 173, 175, 176 : MUKEAY V. SUPCLVISOS cy vv vn vinivntvenar ashi j 59 McDonald v. Patterson : Mutual Electric L. Co. v. Ashworth ow McGowan v. Ford : McGrath v. Carroll McGrew v. San Jose | Napa v. Easterby 24 357 MCRAE, PR DALE. vi sivs ih annandasnins assist ons sans 289) NASW iW. BHAGAT... v.ieis oT ang McSherry v. Wood § National Fertilizer Co. v. Lambert SC (4 McVerry v. Boyd 5. 180. 243 McVerry v. Kidwell New York etc. R. R. Co., In re 1 Mendel v. Wheeling Sot 3 Nicolson P. Co. v. Fay Mendocino Co. v. Bank of Mendocino Nicolson P. Co. v. Painter Mendocino Vv. MOILIS. ....ocvnrerrnrerennsnnvrcnnsssnsspesnnes 367 Nolan v. Reese 166. 193 Merced v. Cook North Beach etc. R. R. Co., Appeal of.................... 230, 231 Merced Co. v. Fleming Norton v. Courtney 197, 211 Merriam v. Barnum 1 Notion ¥, Pel... vocrviranivinnes is Merriam Vv. SUPeIVISOIS. .....oit iinet iasaanaas iD NOIRE W BALE. co r0s caren ars iraae s : di REL SL TE ale Baie re # aad st nN Se Meshineler V. State. ......cccvi ir issrsnnrsvssnsssnssssssnsnns 47 0 Mouser v. Risdon 164. 171, 184 Oakland v, Carpentier. .........cccoceeennness : Meyers v. Pond 4 OAR. Cov Brass. Jlilinnerestaesssntsenntunns ai : Miles v. McDermott 184 : Cukland P. Co. v. Miller, Ex parte 60 ] Oakland P. Co. v. Miller v. Curry 102 Oakland P. Co. + Ri asin A Miller v. Mayo 220 : Oakland P. Co. v. Tompkins..................... ; I. 180 Miller v. Sacramento 367 i Bn + Colina hanna nil 2 Milner v. Reibenstein 335 ; O'Connor v. Hooper 162. 170 Miner v. Justice's Court O’Hale v. Sacramento ST. 253 Xvi Tare oF Cases CITED. O'Neil v. Ins. Co Orange Co. v. HArrI8. ....... ci: shiva shsnnssins ses san senn sss Osburn v. Staley..... P Pacitic Coast 8. 8. Co. v. Kimball Pacific P. Co. v. Bolton rage v. Los ANGeles. countries 337 ‘age v. Superior Court almer v. Burnham rarker v. Bernal Parker v. Com arker v. Reay I’arsons v. San Francisco , 184, 217, 235 16, 260 Patton v. Stephens Peachy v. Redmond Pennie People v. People v. People v. Bagley People v. Berkeley People v. Bingham People v. Board of Delegates People v. Board of Education People v. Breyfogle........cooouinrirnninnnnnnecennnnns 367, 363 People v. Broadway W. Co 261 People v. Burbank 337 People v. Caruthers School Dist 279 People v. C. P. R. R. Co People People v. People People v. Collins. ........ v. Coronado... .. People v. Craycroft People v. Crespi People v. Davie People V. DODDS. so cover resnsssssnrsrsnsssnscsasssnssrrsasns I’eople v. Dunn People v. BAWARIAS. c.crersssrrstsssrsssssssnsscenssrrennn People v. E. L. & Y C. Co People v. Evans People v. Ferguson I’eople v. Fleming (see People v. Shorb) People People People People People People People People People People People People People People People People People People People People People People People People People People People People People People People People People People People People People People People People People People People People People oF Cases CITED. XVil PAGE . Fowler 142 . Gunn , 389, 391, 3092 . Gunst . Hammond Harrington Hecht . Hoge . Holladay . Howard . Huson . Kneeland I.a Rue ANG, i eo RS aa Se ba eye ibe en Ea bade atte 368 . Lynch 192, 195, 196, 206 . Mahaney . McCune . McFadden a0 . Menzies (see People v. Gunst) . Metzker Middleton 350 218 380 . Pacific R. M. Co 261 . Park & O. R. R. Co 308, 359, 362 BARS. i eee nes es ale ee Re ee se se elete 39, 11 Parvin Perry 32 359 . Pittsburg R. R. Co oilele nie BY Pond 286 337 277 . Ransom 142 . Rec. Dist. No. 108 22 RBIS i aia rare Re Ea es sa ele . 299 a Th EE FE EE EET 2061 . Russell . . Sacramento Co . Salomon . San Diego AR, cases rrr ria as aaa 9, 13, 142, 144, X Vill TasLe or Cases CiTen. People v. San I'rancisco People v. San Francisco ete. RR. People San I'rancisco G. I. Co...... People v. Sargent I’cople v. Scannell People People I’ecople ’ecople People People v. People v. People Stout Superior Court Supervisors People People People I’cople People Thompson Tisdale 1 People People People Weller People Wilson Erzgraber I’erine Iforbush. . iron Perine & P. Co. v. Pasadena P’erine C. & I’. Co. v. Quackenbush ’helan v. Dunne... P’helan v. San I'rancisco Phelps v. Winchomb. .... Pierpont v. Crouch.... Pimental v. San Ifrancisco Pittsburgh v. Grier......... Polack v. San IFrancisco O. A Pollok v. San Diego Pool v. Boston Popper v. Broderick Porphyry I’. Co. v. Ancker Portland v. Stock Potter v. Fowzer Powers v. City of St. Paul........ Pritchett v. Stanislaus Co.............. Q Quincy v. Boston. .............. People Vv. Vv. Vv. Vv. Vv. v v People v. Vv, V. Vv. Vv. P’erine v. Vv. C. Nan Ness... Se Se WW HAS. re a eh SICPHENS, ois seals lia iii isbn win wiisllsa wie wiiesabe in ine Sutter SE RY. Co... eee tai an le 144, 335 3606 ce ss se ee 2006, 222 217, 220 169, 194 173, 174 II) 294), 234 y—- ):)) $e) 339 236 Sar RE TasLE oF Cases CITED. Railroad Co. v. Com'rs........ Raisch v. Board of Education Raisch v. San Francisco Randolph v. Rauer v. Ifay 170, Rauer v. Lowe Raver v. WHHams. ........c.ouiia os Reddall v. Bryan Redlands ete. Water Co. v. Bedlands. . .. .. co viv vv vinrvvasvnnns Reid v. Groezinger Reilly, Ex parte Reining v. Buffalo Rais CUE sein intimin ais nips aim A en Rhoda v. Alameda Co Rice v. IFoster.. Bice v. Haywards. .............. 0 cov emnsnionn Richardson v. Heydenfeldt Roach, Ex parte Robbins v. Omnibus R. R. Co Robinson, Estate of Robinson v. Merrill Robinson v. Supervisors Ryan v. Altschul Ryan v. Lynch Sacramento v. Bird Sacramento v. Sacramento v. Dillman Sacr San San San San San San San San San San San San San amento v. New World Benito v. S. P. R. R. Co Francisco v. Buckman Francisco v. Burr.. I'rancisco v. Clark. . Francisco v. Doe.... I'rancisco v. Eaton I'rancisco v. Hazen I'rancisco v. Ins. Co Francisco v. Itsell I'rancisco v. Kiernan Francisco v. Ladd..... Francisco v. Liverpool etc. IF'rancisco v. McAllister Confidence. ............. cc cuvcinnvaness 3066 261 14 261 HUH 179 $e) 230 184 2:20) 220 36 Oi) 35) . 242 185 316 XX TasLeE or Cases CITED. PAGE San Francisco v. McCain 181 San Francisco Pioneer Woolen Factory v. Brickwedel. .......... 65 San Francisco v. Quackenbush 197 San Francisco v. Beal Estate... ... coco vov vis aecinvnsrsinvrss 229 San Francisco v. Spring Valley Water Works... 38, 63, 65, 180, 243 an Francisco Gas Co. v. Brickwedel San Francisco Gas Light Co. v. Dunn San Francisco Gas Co. v. San Francisco SOIL & ON. IPR. RL Co. vv. State Board San Diego v. Dauer San Diego vo So DL& Ll A San Deigo v. Seifert San Diego Water Co. v. San Diego... .............ciiiiinenn, 5D San Jose v. I'reyschlag San Jose vv. Reed San Jose Imp, Co. v. AUZeIRIS. ......ovvvivnrrrrcsrvanns 186, 217 San Luis ObISpo v. Graves. ......... coisa erreces nena GO, 6D San Luis Obispo v. Greenberg San Luis Obispo v. Hendricks... o.oo . 43, 65 San Luis Obispo v. Jack San Luis Obispo v. White. ...... co viiiiiiniiineneiiivenn 5, 337 San Pedro v. S. PR. R. Co Santa Ana v. Harlin Santa Barbara v. HUSe. «o.oo “rs 200 Santa Barbara v. Stearns. ...... oo. 145 Santa Clara v. S. PP. R. R. Co Santa Cruz v. Enright... Santa Cruz R. P. Co. v. Bowie Santa Cruz R. I’. Co. v. Broderick Santa Cruz R. R. Co. v. Santa Cla: Santa Rosa Lighting Co. v. Woodward Santo v. State Satterlee v. San Francisco... Saunders v. Haynes... ... Savings and Loan Soc. v. Austin Savings & Loan Soc. v. Thompson Sawyer v. San francisco Schirmer v. Hoyt... Schmidt v. Market St. ete. RR. Schmitt v. Dunn School Directors v. School Directors. o.oo iin Schumacker v. Toberman Schuyler County v. People Schwartz v. Wilson Schwiesau v. Mahon TABLE oF Cases CITED. Scott v. Toledo Security Savings ete. Co. v. Hinton. ..........................., Sehorn v. WIlHAMS. ... . 0.0. cal ahonas ves aii en nila Selma ete. RR. Co., Ex parte Shakespear v. Smith Shaw v. Statler Shepard v. Colton Shepard v. McNeil. .......... Sheward v. Citizens’ W. C Shipman. Vv. Forbes... .... 0.0000 ai ced eniisivvimviuleasions na Shrader, Ex parte Sie, Matter of. ................ Simpson, Ex parte Sing Lee, Ex parte Sinton v. Ashbury Smilie v. IF'resno (Co Smith v. Broderick Smith v. Brown vin 290, Smith vv, COREA. ....cvinisvvvirvrnnnnis 197, 217, SIMIEN V, DANI. ines ins vi nda eae a ie aie edail geting see Smith v. Hazard Smith & Keating, Kx parte Solano v. McCudden Solano v. South Ottawa v. Perkins. .... South Pasadena v. Terminal R'y Spaulding v. Spaulding v. North S. IY. H. & R. Spaulding v. Wesson Spect v. Arnold oe S. VY. W. WW, v.Bryant.......cic0ies000, . N,V. WL WL ve San Francisco NS. Vo WL WL ve. Supervisors. . State State v. Beneke State v. Brandt State v. Buckley State v. Chambers State v. Copeland. . D1 300 218 197 186 136 30 355 37 243 ede *)ede i NPR EE REAR ot rd vl XXII State State v. Field State v. HAneotR /..... uaa isansneeson vans sinais nisin e sine State v. Hendrix... iv uhh cerns idespiiennsesnomeie ns rans State State State State State State State State Staude v. Election Cones. o.oo. ens Steckert v. ast Saginaw Stephen, BX PATE... coc vsvmna bins vusinsnrmnas snes vnivns os St Louis v. SHIOIAE. . ...cnvvprss srr snsarisvevsareneuns risnsens : St. Louis v. St. Louis Gaslight Co 3 Stockton v. Clark Stockton v. Creanor Stockton v. Dunham Stockton v. Skinner Stockton v. Whitmore. .........coovrrsvvnreravvnnvns Stow, In SEPA, THE 0. cso vss ves vsnrssmsmsmordsanpmstonase vapnn vents Stuart, OX parte. «cco cvessssssssrerssannnssas essary 60, 61, 333 Sullivan v. Royer Summerland v. Bicknell Sutro v. Pettit Swamp Land Dist. v. Silver Symons v. San Francisco Tape v. Hurley Wash Vv. AGRHIR. «co cnssreonrssnnsrsssssasnprsrmnnvorstsans os bs 19. 60, 61, 63 Taylor, Ex parte 197, 221 Taylor v. Donner Taylor v. Palmer... Tevis v. Randall Thomas, Kx parte Thomason v. Ashworth Thomason Vv. Thomason v. Ruggles Thompson v. Alameda Co 7, 20, 180, 243 TasrLe oF Cases CITED. Thompson v. Thompson Thompson Vv. ThompSONn Vv. SUPEIVISOPS. ...... cc chinre sdvnnnivasnsnnsssnsnes Thorne v. Cramer Tidball v. Halley Tillson v. Kord Tranter v. Sacramento Treadwell v. Yolo Co Treanor v. Houghton iS, 217, 220 Truman Vv. SUPEPVISOIS. ..... cc. sins srsnivennsnnaons 19, 94 Turner v. Siskiyou 16, 13 Turney v. Dougherty Turrill v. Grattan Tuskaloosa B. Co. v. Tuttle, Iox parte University v. Bernard Vanderhurst v. Tholcke Vaugn v. English Ventura Co. v. Clay Vernon Irr. Co. Vv. 1.08 Angeles. ........ coon ueesncssvsinssinisiness Vincent v. Pacific Grove Von Schmidt v. Widber Walker v. Caldwell Walser v. Austin Walsh v. Mathews. ........ cc. ces inninsisinsvnmnnssisaive 195, Wall, Ex parte Wallace v. San Jose 140 Ward v. 264 Warten Vv. Chandos... . ... ccc vuivninnnns sacs tsnsnnes 174, 217 Warren v. Ferguson 163 Warren v. Postel 199 Warren v. Riddell : 217 Washburn v. LYOUS. co. .cc coves vavsssvssssartssnnsvs 176, 185, 220 Washington v. Page Watkins v. Eureka Springs Waugh v. Chauncey Wayland v. Middlesex County XX1V TasrLe oF Cases CITED. Weaver v. Lapsley Weaver v. San francisco Weber v. San Francisco Welch v. Strother. ..... Wells v. Wood Welsh v. Bramlet Western Sav. Fund Soc. v. Philadelphia 5, 218 118 339 Wetmore v. San [Prancisco 17H Whelan v, Bovds. coc cosnvnarmsssnnnasen sane anne br 234 White TH PO... bovis vee veins sas seinsieny eres sn ea mes 38, 61 White v. HOtPIS, oo cooviives sansa inesnavusiisnee seen ahah an 186 White v. Hindley Local Board 339 Whiting v. Quackenbush 194. 195, 196, 197, 205, 206 185. 196, 205, 215, 223 60, 62 373 242 , 196, 218, 221 184, 197 9299 da 0) Willining v. Viseleh. .v..consiarrinasimrsanennrenanioninner es 218 Wilson v. New Bedford 339 Winbigler v-Los ANZOIBR, ,. o variss sven reagan Mo Witter v. Bachan. .....ccovsssesarirnasannsveavnsnannys 223 Wolters, kx parte Wong Hane, Matter OF a nee seed ee Whitwell, Ex parte Wilbur v. TAnde. .. voi vscspavnrnesssassnswann er nrare vpn en te Wilcoxon v. San Luis Obispo Williams v. Bergin Williams v. McDonald Williams v. Savings & Loan SOC. cova rcrrrnrvsanivs Wood v. Lowden Wood Vv. SHOE. . cocvsnerr susasrstnsnrrbnsssntsssansanpns ss Wright v. Laugenour Wright v. MEOREHEIACI . + oo vos sn vvns tnnimansnppenrnuasion sas Waolzeh v. Sail FIONeISCO. «co oorrecrsrrtsnasnrranterannss Wysinger v. CTrOORSIINE . « «+c sass srs ssnssasmnsssssnsnnssenss Y Vick WO, MAHEr Ofc... cvosinssnrrsnrnespaanss sans snare Yolo Co. v. Sacramento TT, Youngsville v. SISRINE. . ..covirriacataratanenasnsnenrsn nn rttes Z Zottman v. San Francisco. ........... 212 355 251 264 . 80, TABLE OF CODE AND CONSTITUTIONAL CITATIONS. Section 04. .... J 869, ...... na B22 BGM. ....... 313. m .. oes alse 323 Ad erennes vine bani 323 ee 323 368... S53. 0... di 66 3687...... 371 37146-3831...... 863. ..... . 990 re Fe 2R2()-28 Dy... 373 2 ¥m 3831. ..... w Ode 047-087. 266 080... oot 360 030 LL Be 34 aha 308 956...... 0c GE 370 331 1075-1080. .. . oot Wot... . 1385-1889... EY i 1549... .. see... : : 114 1552... BRE CRE ee ae . IS ) ST Sain Ses ‘. 41468. ... 018 i eo VISTA oo ovee orvernns 206 4175-410 (- hile 1817-1820. . . . 5 LE nny gsof ine LE ra ee 261 4234-4246... 3009. . ne nw So 4th . B22 42084275...... ...... SDa0t ron BE, 306 JOAIW. es j « so "0 Hi 8. Fo)e HH, 4426. ........ ny 426-7... 4497." 4428... 4430. . ... 4109. $12.......... duis. ..... 3627-3671 ie Es 3634. ... irae X02 3 B82... .... ciiiiiiieaa. OF Alan. CIVIL CODE. 1200s, 1275 er he La, 1622 ee crm— at A SE Ee t—-ceermmrai so rm a ———— a xX Vi Cope AND (CONSTITUTIONAL CITATIONS. CODE OF CIVIL PROCEDURE. Secti Page poi Tan a BG hes a we eee wo Ty ee Be Ee Ba iia eee ITY y a OBA a iene YY Ils LY NOT6 aren HS 0AD Je aan 1057 Sl neh dg enamean IE TONOTE28 Le iin HR Th anys mane an a Q 1269-1272 9 DET anaes S 1260-12 oo 3B 178 ovens 1726-174 Sn 37 2 88 Ga ARITL vevernn annensswns B IS8Y 0~Q . 901-199- Hit a wo ree Ee i 270 1991-1994 CODE. 71 37: 1060-1061 ek 04 re dn WOE. 66 0... 148 1171 a 270 rr Tes Ae RE 63 1241 ... BE ivi 40 120837 RT ree eennennee IA 1269 “on Taf |... 201 1270 euuens <6) 55 reenne 151 1291 UO 1202 1002-1012 TAR ABEL oeuvres ennnseennaan N05 see ste IE 1WIOABID LL... TO4S ee eee LL. 148 CONSTITUTION. \ rt ec. 6 4. 19 Art. XI. sec. tor ; Art. 1. sae. ; Art. XI, sec. 2 Aut. 1 A006 Thorns nssnindin 33) Se iim ars . Sec, Cee ame MEE EH Ty DB ot) All. g ? T,osec Art. XI, sec. 8p. o.ovvvnees pe Art. IV, see, iy seam EEe a 7, 66, 129, 130. 134, 13%. 138, ATL IV, See Bon Taz 2 110, 144. 145, 149, 151, 330, 335, b VL 900. Loner osee 236. 367 et hi 8 ena aen ewe Ya Art. NI, sec. 9....... ‘Art, VI. Soe. 1¢ Art. XI, sec. 11. Art. VI, sec. 5 Arf. XL sec. 12........ iy IX sec EICNEEP SVEN Art. XI, sec. 13.40.0000 en te IR. mee, 1 12 Art. XL see, 19.(....oonen AT IR see Art, XI, see. 18....91, 343, A IS Se ‘Art. XI, sec. 19. .. .63, 70, 75, 180 Alt. AN, . Cee ea see eee ; wrt. IX i% Art. X11, sec. 22 6 . OC : Art. XIII, sec. 9..........68, 8i Ast. 31 sec. J ur gmn Ar XIV Locvceerenes nae Att XI ) sec a. eben Art. XX, sec. 16... .8523, 354, 355 A Ona 5m ed, ei 22, Are XX, sec. 20.....00000 333 oa 880. 336 rt. NII, #00 10.00.0000 U0, DOU, Oe INTRODUCTION. Definition and nature, —.\ municipal charter may be defined as a written grant [rom the sovereign power conferring rights or privileges upon a municipality. A freecholders’ charter, like the one under consideration, framed under section 8 of article XI of the Constitution of California, differs in some particulars from the or- dinary municipal charter, and it may be contended that it is not within the definition of such charters as given above, since it originates with the people of the city, and is simply approved or rejected by the Legislature in toto, “without power of alteration or amendment.” This contention seems to be sustained by the early cases, it having been said in respect to such a charter: * The legislature was not the law-maker; . . . it was not charged with any duty, and to it was not delegated any power, either in framing or adopting the law.” People v. Gunn, 85 Cal. 238, 248. See also People v. Toal, 85 Cal. 333. The contention, however, seems to have been fully answered in the later case of Lix parte Sparks, 120 Cal. 395, 399, where the Supreme Court says: “It is clear that it [the charter] is made a law by the Legislature, and becomes a law by this expression of the sovereign will 2—CHARTER. 2 INTRODUCTION. of the state. It prevails and has force as a law of the state, and is not made a law by the people of the nunia- pality by virtue of authority delegated to them. It 1s proposed by the municipality, and is accepted and passed into a law by the Legislature or rejected, as it shall see fit.” However, as this was only an expression of the opinion of two of the judges, the nature of such a charter is still an open question. Such a charter has been held not to be a law passed by the Legislature within the meaning of section 13 of article V1 of the Constitution, providing that “The Legislature shall fix by law the jurisdiction of any in- ferior courts,” ete. People v. Toal, 85 Cal. 333. On the other hand, it has been held to be a “ statute” within the meaning of section 1622 of the Civil Code, providing that all contracts may be oral, except when required by statute to be in writing. Frick v. Los Angeles, 115 Cal. 512. Corporate history of San Francisco.— The City of San Francisco was created by the Act of April 19, 1850, (Stats. 1850, 223). In 1850, the City and County of San Francisco were consolidated by what is commonly known as the Consolidation Act. Act of April 19, 1856, (Stats. 1856, 145). It will be seen that both of these acts were prior to the adoption of the present Constitution. It was held, however, that notwithstanding the adoption of the Constitution, the city and county would continue to pe coverned by the Consolidation Act, until the electors should adopt a charter or elect to become incorporated r § =X DED under the eeneral laws. Desmond v. Dunn, 99 Cal. 242. Under section 8 of article XI of the present Constitution INTRODUCTION. 3 as amended in 1892, cities or cities and counties of a cer- tain number of inhabitants may frame charters for their own government through a board of freeholders. Under this provision several attempts were made to adopt such a charter for San I'rancisco. Charters were prepared in 1880, 1883, 1887 and 1895, but they all met with defeat at the polls. In 1880, the Legislature adopted what is commonly known as the “McClure Charter,” Act of April 24, 1880, (Stats. 1880, 137,) which purported to provide “for the organization, incorporation and government of merged and consolidated cities and counties of more than one hundred thousand population.” But the Su- preme Court held that the act could not apply to the City and County of San I‘rancisco, until a majority of the electors of the corporation voting at a general elec- tion, should so determine. Desmond v. Dunn, 55 Cal. 242. The present charter was proposed by a Board of I'ree- holders March 25, 1898, ratified by a vote of the electors May 26, 1898, and approved by the Legislature January 19, 1899. Ixcept for certain purposes, it goes into effect January 1, 1900. (See note to Schedule.) The status of the City and County of San Francisco.— A few remarks on the political status of the City and County of San I‘rancisco may not be improper at this place. As we have seen, San I'rancisco was first organized as a city and afterwards as a city and county. It has been held that the present city and county is a continuation of the municipal corporation known as the City of San I'rancisco. People v. Super- visors, 21 Cal. 668; Wood v. Election Com’rs, 58 Cal. 561. The city and county were not consolidated under 4 INTRODUCTION. section 7 of article XI of the Constitution, and the pro- visions of that section are not applicable to it, but only to city and county governments merged into one munici- pal government after the adoption of the Constitution. Wood v. Election Com’rs, o8 Cal. 561, 566. But see Desmond v. Dunn, 55 Cal. 242, 247. Geographically, it I subdivisions of the state, and in that respect is recognized in section 1 of article XI of the Con- siitution as one of the counties of the state. Kahn v. Suiro, 114 Cal. 316. The inhabitants, however, are not is one of the leg: invested with county government. Kahn v. Sutro, 114 Cal. 316: People v. Supervisors, 21 (Cal. 668; Wood v. Election Comm'rs, 58 Cal. 561. Politically, it is re- garded as a municipal corporation, and in matters of government is to be regarded as a city. Wood v. Elec- tion Com’rs, H8 Cal. 561; Kahn v. Sutro, 114 Cal. 3163 Denman v. Broderick, 111 Cal. 96, 105. See also Peo- ple v. Hoge, 55 Cal. 612. The territory over which the municipal government iq exercised is a county, and for «os for which county officers exercise author- those pure ¢ charter and disconnected with ity not derived from th municipal government, its officers are properly termed county officers. Kahn v. Sutro, 114 Cal. 316. See also Miller v. Curry, 113 Cal. 644, 46. Thus it has been held that the district attorney, sheriff, county clerk, county recorder, coroner, and public administrator are officers, and that the mayor, attorney and coun- and county attorney), superintendent of and squares, and school directors are municipal officers. Kahn v. Sutro, 114 Cal. 316. See also Miller v. Curry, 113 Cal. 644, 646. The City and County of San IFrancisco is included in the term “city,” county selor (city streets, highways Nl ae rR Re BR eda SRS Ra ee a BE SRE ei INTRODUCTION. 5 when that term is used in the Constitution or statutes of the state. People v. Hoge, 55 Cal. 612; Morgan v. Men- zies, 60 Cal. 341. Constitutional provisions relating to charters. —The new charter of the City and County of San Francisco was adopted in pursuance of section 8 of article X1 of the Constitution of California, which reads as follows: “Any city containing a population of more than three thousand five hundred inhabitants may frame a charter for its own government, consistent with and subject to the Constitution and laws of this state, by causing a board of fifteen frecholders, who shall have been for at least five years qualified electors thereof, to be elected by the qualified voters of said city at any general or special election, whose duty it shall be, within ninety days after such election, to prepare and propose a char. ter for such city, which shall be signed in duplicate by the members of such board, or a majority of them, and returned, one copy to the mayor thereof, or other chief executive officer of such e¢ity, and the other to the re- corder of the county. Such proposed charter shall then be published in two daily newspapers of general circula- tion in such city, for at least twenty days, and the first publication shall be made within twenty days after the completion of the charter; provided, that in cities con- taining a population of not more than ten thousand in- habitants, such proposed charter shall be published in one such daily newspaper; and within not less than thirty days after such publication it shall be submitted to the qualified electors of said city at a general or spe- cial election, and if a majority of such qualified electors voting thereat shall ratify the same, it shall thereafter be submitted to the Legislature for its approval or re- jection as a whole, without power of alteration or 6 INTRODUCTION. amendment. Such approval may be made by concur- rent resolution, and if approved by a majority vote of the members elected to each house, it shall become the charter of such city, or if such city be consolidated with a county, then of such city and county, and shall become the organic law thereof, and supersede any existing charter and all amendments thereof, and all laws in- consistent with such charter. A copy of such charter, certified by the mayor, or chief executive officer, and au- thenticated by the seal of such city, setting forth the submission of such charter to the electors, and its rati- fication by them, shall, after the approval of such char- ter by the Legislature, be made, in duplicate, and depos- ited, one in the oftice of the Secretary of State, and the other, after being recorded in said recorder’s office shall be deposited in the archives of the city, and there- after all courts shall take judicial notice of said charter. The charter, so ratified, may be amended at intervals of not less than two years by proposals therefor, submitted by the legislative authority of the city to the qualified electors thereof, at a general or special election, held at least forty days after the publication of such proposals for twenty days in a daily newspaper of general circu- lation in such city, and ratified by at least three fifths of the qualified electors voting thereat, and approved by the Legislature, as herein provided for the approval of the charter. In submitting any such charter, or amend- ments thereto, any alternative article or proposition may be presented for the choice of the voters, and may be voted on separately without prejudice to others.” The following provisions of article XI of the Consti- tution also materially affect the government of cities and cities and counties, and are inserted herein for ready reference: “ SEC. 6. Corporations for municipal purposes shall not be created by special laws; but the Legislature, by INTRODUCTION. 7 general laws, shall provide for the incorporation, or- ganization, and classification, in proportion to popula- tion, of cities and towns, which laws may be altered, amended or repealed. Cities and towns heretofore or- eanized or incorporated may become organized under such general laws whenever a majority of the electors voting at a general election shall so determine, and shall oreanize in conformity therewith; and cities and towns heretofore or hereafter organized, and all charters thereof framed or adopted by authority of this Consti- tution, except in municipal affairs, shall be subject to and controlled by general laws.” “Spc. 7. City and county governmerits may be merged and consolidated into one municipal government with one set of officers, and may be incorporated under gen- eral laws providing for the incorporation and organiza- tion of corporations for municipal purposes. The provi- sions of this Constitution applicable to cities, and also hose applicable to counties, so far as not inconsistent or prohibited to cities, shall be applicable to such con- solidated government.” “NEC. SL It shall be competent, in all charters framed under the authority given by section eight of article eleven of this Constitution, to provide, in addition to those provisions allowable by this Constitution and by the laws of the state, as follows: “1. I'or the constitution, regulation, government, and jurisdiction of police courts, and for the manner in which, the times at which, and the terms for which the judges of such courts shall be elected or appointed, and for the compensation of said judges and of their clerks and attaches. «2 Tor the manner in which, the times at which, and the terms for which the members of boards of education shall be elected or appointed, and the number which shall constitute any one of such boards. cect ppc em tee ee SE EE M—————————————————— INTRODUCTION. «3. I'or the manner in which, the times at which, and the terms for which the members of the boards of police commissioners shall be elected or appointed ; and for the constitution, regulation, compensation, and gov- ernment of such boards, and of the municipal police force. “4. I'or the manner in which, the times at which, and the terms for which the members of all boards of election shall be elected or appointed, and for the con- stitution, reeulation, compensation, and government of siteh boards, and of their clerks and attaches; and for all expenses incident to the holding of any election. “Where a city and county government has been merged and consolidated into one municipal govern- ment. it shall also be competent in any charter framed under said section eight of said article eleven, to pro- vide for the manner in which, the times at which, and {he terms for which the several county officers shall be elected or appointed: for their compensation, and for the number of deputies that each shall have, and for the compensation payable to each of such deputies.” Effect of the charter. I'ic Constitution provides that, upon the adoption of such a charter, * it shall Dbe- come the charter of such city, or . . . ety and county and shall become the organic law thereof and supersede any existing charter and all amendments thereof, and all laws inconsistent with such charter.” Cal. Con. art. 21, sec. 5S. I. Charter to supersede existing charter. The word * charter 7 is here used as defined above (supra, p. 1), and refers to any grant from the Legislature under which the city or city and county has been heretofore INTRODUCTION. 9 coverned. The Consolidation et is such a charter, and is therefore superseded. Nee Desmond v. Dunn, 55 (fal. 242, 246; People v. Bagley, 85 Cal. 343, 348. The effect of the provision that the new charter shall supersede any existing charter was considered in the case of lox parte Sparks, 120 Cal. 395 (approved in Miner v. Jus- tice's Court, 121 Cal. 264). The facts of that case were these: The former charter of the City of Racramerito (Stats, 18TT-], 390), created a police court. In 1893 the Legislature approved a freeholders’ charter for the City of Sacramento (Stats, 1893, 547). This latter charter at- tempted to continue the existence of the police court cre- ated by the former charter, by vesting the jurisdiction oi such court in the city justice of the peace. 1t having heen decided that a freeholders’ charter could not create a police court or continue the existence of an existing one ( People v. Toal, 85 Cal. 333; Milner v. Reibenstein, Xo Cal. 593: People v. Sands, 102 Cal. 12; Ex parte Reiily, 83 Cal, 632; 16x parte Giambonini, 117 Cal. 573), the question arose whether the new charter so far super- seded the old as to destroy the police court created by it. The Supreme Court held that this was the effect of the new charter, saying (p. 398) : “The old charter is not repealed because it is so en- acted in ithe new charter, or because its provisions are inconsistent with those of the siew charter. The new charter does not abrogate the old cr proprio vigore, hut because the Constitution declares that such conse- quence should follow. “The reason of this is sufficiently obvious. Tt is not the passage of an ordinary law, but the establishment of a government. The new is to take the place of the old, however dissimilar, and, although some parts of the old MER Sh ap gh MER eA SER Tr SS Se ————————— A ————————— DATA ———— Se ——————-——————— el 10 INTRODUCTION. charter have no corresponding provisions in the new, there is no presumption that anything is continued, for the new scheme is deemed complete in itself and to pro- vide all that is desired. That which is omitted is omit- ted because not desired.” It follows from this decision that the Consolidation Act and every provision thereof, whether consistent or inconsistent with the provisions of the new charter, and whether contained in or omitted from such charter, are superseded and abrogated by it. II. Charter to supersede amendments to existing charter. All that has been said above as to the new charter superseding the old charter is applicable to amendments to the old charter, i. e. to the Consolida- tion Act. These are all likewise superseded by the new charter. Cal. Con, art. XI, sec. 8; People v. Oakland, 02 Cal. 611. It only remains to determine what is meant by the expression “all amendments thereof.” There are two methods by which a statute may be amended : first, in the manner pointed out by section 24 of article IV of the Constitution, viz: by re-enacting and publishing the act revised or section amended at length as revised or amended ; and sccond, by an act, complete and perfect in itself, not purporting to be amendatory, which by implication amends other legislation on the same subject. The latter class of amendments are known as amendments by implication. There seems to be nothing in the language used that limits the word “amendments” to the first class given above, and it would seem to include amendments by implication as well, for if an act, although it does not purport to be INTRODUCTION. [1 amendatory, does in fact work an amendment to another act, it is both in fact and in law an amendment to such act. Thus it has been held that an amendment of the description of the territory of a city hy proceedings to annex additional territory in accordance with section 7 of the act of March 13, 1883, ix an amendment to the charter of the city and is superseded by a new frechold- ers’ charter, and that the effect of the new charter, which omitted the annexed territory, was to detach the territory so annexed. People v. Oakland, 92 (al. 611. III. Charter to supersede laws inconsistent there- with—The word “inconsistent” is somewhat uncer tain. It would seem, however, that, since the new charter is to work a repeal of all such laws, it would have that effect in just such cases as those in which one statute will work a repeal by implication of another statute. By determining, therefore, when one statute will repeal another statute by implication, we can de- termine what laws will be repealed or superseded by the charter on the ground that they are “inconsistent with such charter.” (For cases on this subject sce 23 Am. & Eng. Ency. of Law, pp. 479 ¢t seq.) The follow ing rules have, therefore, been formulated, upon analogy to the rules governing the repeal of statutes by implica- tion, and it is believed that they correctly represent the cases in which the charter will supersede existing laws on the ground mentioned : I. If the charter and statute on the same subject are mutually repugnant and irreconcilable, the former will operate, in the absence of expressed intent to the contrary, to supersede the latter. 12 INTRODUCTION. (a) If the charter in the particular in which it is contrary to an earlier statute is expressed in negative words, it supersedes the statute. (hy) If the charter confers in affirmative words larger or pore restricted powers, grants wider or less extensive privileges, imposes a heavier or less grievous burden, or imposes different duties than were imposed in the same particular by a previous statute, the old and the new provisions being conflicting in their nature, it will i persede the corresponding provisions of the earlier statute. : : Ce) If the evident intent of the charter 1s to furnish (hie exclusive rule governing a certain case, it supersedes tiie earlier statute on the same subject. 9 If the charter and a previous statute are not in express ers repugnaiit, but the charter cvvers the whole subject matter of the earlier statute, and planly hows (hat it was intended ax a substitute for the earlier , vr 4 ocneral, but a special, law. 1 cople v. « - 3 Q:3 Cal. 393. ; Ceular privileges or 1m- 6G. .\ law which confers particula privileges ol poses peculiar disabilities or burdensome enniliions, n (he exercise of a common right, upon a class of parsons arbitrarily selected from the ceneral body of those who stand in Drecisely the same reladion to the SR {he law, is not a general, but a special, law. bri oy v. Stimson, 91 Cal. 238; Bloss v. Lewis, 109 Cal 405 Druch wv. Colombet, 104 Cal. 347; Turner v. Siskiyou, 9 UY 3 Te 1°) 1, S08. 109 Cal. 332; Marsh v. Supervisors, 111 Cal. 368 1 OQ a) a ( at Following these eeneral rules it has been held the s are ceneral and supersede the char {the following Law g An act to provide tors of the cities to which they apply: ' Vy 4 » construe for the improvement of streets, ete, and the const INTRODUCTION. 17 tion of sewers within municipalities (Thomason v. Ash- worth, 73 Cal. 73; Thomason v. Ruggles, 69 Cal. 465) an act to provide for police courts in cities having thirty thousand and under one hundred thousand inhabitants and to provide for officers thereof (People v. Ienshaw, 76 Cal. 436; Ex parte Ah You, 82 Cal. 339) ; the general provisions of the Political Code as to the control of schools by the Board of Education (Kennedy v. Board of Ilducation, 82 ¢'al. 483, 492); an act reeulating and reducing the salaries of all officers of counties of the thirty-fifth class (Cody v. Murphey, 89 Cal. 522): an act to provide for the laying out, opening, ete., any street, ete, within municipalities (Davies v. Los Angeles, 86 Cal. 37); an act classifying municipal corporations (Pritchett v. Stanislaus Co., 73 Cal. 310) ; an act pro- viding for a police court in cach of the incorporatel cities and counties, cities, and towns of the state (In re Carrillo, 66 Cal. 3); the provision of section 103 of the Code of Civil Procedure, that two justices of the peace are to be elected in every city having twenty thousand anc not more than one hundred thousand inhabitants (Bishop v. Oakland, 58 Cal. 572) ; the provision of sec- tion 1001 of the Civil Code and of section 1238 of the Code of Civil Procedure, that any person may acquire private property by condemnation for canals, ete, for conducting water for the use of any county, city, city and county, village, or town (Santa Cruz v. Enright, 95 Cal. 105) ; an act to provide for the disincorporation of municipal corporations of the sixth class (Mintzer v. Schilling, 117 Cal. 361) ; an act regulating the compen- sation of the auditor and his clerk, applying uniformly to all counties of the twentieth class (Ifarnum v. War- 3—CHARTER. | X [NTRODUCTION. ino special provision as to 104 Cal. 677) can act making special provision d assessors of coun- ner, upon Laxes collected by percentages I. (Rummerland v. Bicknell, 111 ties of the second class ; | i ixing the ¢ msation Cal. 567) 1 a provision of an act fixing the compensatl «il. o ul Pin wba A NOSO [ officers in “every existing county of the state who v v - : : : He. * i “ey” Ao portion of 1s territory de class is changed by having a ; | ( Kumler v. Super: tached and put into a new county visors, 103 Cal. 393). On the other hand, the iy - Every person who has served as Mavor of the city and county, so long as he remains a resident thereof, shall be 2 = = hi s — 9 > C eniitied to a seat in the Board of Supervisors and to par- ticipate in its debates, but shall not be entitled to a vote nor to any compensation. i Nuisthes of supervisors.—Dyv scction 7 of article XI of e Constitution as originally adopted, it was provided that in Wi and consolidated governments there should be two boards 0 SE cach Lo consist ol twelve persons. This provision "w hod to apply only to gencral laws passed, or charters adopt- 2, i the government of cities, subsequently to the adoption of fe pi, and not to charters framed previously, such as x . . - : > > i e Consolidation Act. Desmond v. Dunn, 55 Cal. 242. 249: People v. Pond, 89 Cal. 141. ; j fe provision of the Constitution was repealed by the con on amendment of 1894, which left the determination of fe er of supervisors to the charters; it having heen held i provisions of the second chapter of title 2 of part 4 of ae olitical Code, relating to supervisors, does not apply to the ity and County of San Francisco. Tillson v. Ford, 53 Cal. 701 Qualifications.— Where the charter of a city provides that the common council shall “ judge of the qualifications clockion and returns of their own members,” the common eniticl] Bo Sots exclusive authority to‘inquire into the qualifications id Ya oF pans of members of the council. People v. Metzker, Since the adoption of the new Constitution giving the supe rior courts jurisdiction in proceedings in the nore of rh ranto, this rule has been changed, since the ectdniars can ¢ abridge the jurisdiction of the courts as defined b the C ita tion. People v. Bingham, 82 Cal. 238. : as 4—CHARTER. CHAP. SECs. 3-1 * the boar supervisors 18 The fact that a single member of the board of supervis walitied invali ‘the rr members disqualified does not invalidate the election of the other pe > ; 121 ing as ¢ ar ople Vv. or prevent their orgamzing and acting ax a board. Peco} 5 Cal. 621, 626. Hecht, 105 Cal. 621, 62 ze ; j 5 is disqualified en- Nor does the fact that one of the members 1s dn : ’ ers 1 .t highest T votes title the person who received the next highest number ” - ! :t1 ers v. to demand and receive a certificate of election. Rom ; 52 Cal. 36: People Havnes., 13 Cal. 145; Crawford v. Dunbar, 52 Cal. 36: p v. Hecht, 105 Cal. 621. Spe. 3. A majority of all the members of the board shall constitute a quorum, but a less number may ad- journ from day to day and compel the attendance of oh sent members in such manner and under such penalties TRVISORS 4 Arr. IL) BOARD OF SUPERVISORS. 3 i. as the board may prescribe. : Quorum.—.\ majority of a board of supervisors cpsiititios a quorum, and a majority of the quorum of the oe fey being present, can perform any il a ier Tian Hn could perform if ail were present. People v. Harrington, A.) Ea oo om Bo authorizes the board exercising the i dg ip ity of & city to convey land, a majority of the Ban : : board may make the conveyance. San Diego v. 8S. D. & Lio A. hv l. Co., 44 Cal. 106. ; : os ee charter of a city vests the corporate powers ie “hoard of trustees to consist of five members, who shall be : ed.” ote, and the law provides that at all meetings of 5 a a majority of the trustees shall constitute a Qua a a ness.” a majority of those elected can organize and ac “ g x me meeting, as well as any subsequent meeting. Oakland v. Carp i 3 Cal. 540. : pis Digan Ta on this subject, note to sec. 9 of this chapter. Spe. 4. The board shall: 1. Appoint a clerk, sergeant-at-arms, and, when il thorized to do so by ordinance, such additional clerks and other assistants as may be deemed necessary. CHAP. I. SECS. 5-7. 35 Boarp oF SupPERVISORS. : Arr. IL. 2. Establish rules for its proceedings. 3. Keep a journal of its proceedings, and allow the same to be published. The ayes and noes shall on de- mand of any member be taken and entered therein. 4. Have authority to punish its members for disor- derly or contemptuous behavior in its presence. SEC. 5. The Mayor shall be the presiding officer of the Board of Supervisors. In the absence of the Mayor the board shall appoint a presiding officer pro tempore from its own members, who shall have the same right to vote as other members. See Charter, art. IV, ch. I, sec. 5. SEC. 6. The board shall meet on Monday of each week, or if that day be a legal holiday, then on the next day. The board shall not adjourn to any other place than to its regular place of meeting, except in case of great necessity or emergency. The meetings of the board shall be public. SEC. 7. The Clerk of the board, when requested to do so, shall administer oaths and affirmations, without charge, in all matters pertaining to the affairs of his oilice, and shall perform such services as may be pre- scribed by the board. He shall have the custody of the seal, and of all leases, grants and other documents, rec- ords and papers of the city and county. His signature shall be necessary to all leases, grants and conveyances of the city and county. As to the clerk of the board of supervisors, consult the following cases: People v. E. I. & Y. C. Co., 48 Cal. 143; San Diego v. Seifert, 97 Cal. 594; Santa Clara v. S. P. R. R. Co., 66 Cal. 642; San Luis Obispo v. White, 91 Cal. 432. " er ot 3 4 ie i t i Hh bh | ! : i 8 il « arr. IL BoaRrD OF SUPERVISORS. 36 HAP. 1. SECs. 8-9. Sie. 8. Livery legislative act of the city and county shall be by ordinance. The enacting clause of every ordinance shall be in these words: “ Be it ordained by the People of the City and County of San ['rancisco 25 follows.” No ordinance shall be passed except by bill, and no bill shall be so amended as to change its original purpose. As to whether an invalid ordinance can act as a resolution, see Pollok v. San Diego, 118 Cal. 593. See. 9. No bill shall become an ordinance, nor reso- lution be adopted, unless finally passed by a majority of all the members of the board and the vote be taken by ayes and noes and the names of the members voting for and against the same be entered in the journal. Bill to be passed by majority of members.—\We have seen that the general rule is that a majority of the quorum may act. (Sce note to section 3 of this chapter.) But the charter has made a special rule as to the passage of ordinances and Be adoption of resolutions, namely, that they shall be passed by a majority of all the members of the board. Under a like provision of the charter of the City of San Francisco, by which 1t was pro- vided that no ordinance should be passed “ except by a majority of all the members elected to such board,” it was held that in order to pass an ordinance it must receive a majority of “the votes of the entire number which the charter provided should be elected.” and not simply a majority of the quorum. San Francisco v. Hazen, 5 Cal. 169 Holland v. San Francisco, 7 Cal. 361; McCracken v. San Francisco, 16 Cal. 591 5 Grogan V. San Francisco, 18 Cal. 590 Pimental v. San Francisco, 21 Cal. 351: Satterlee v. San Francisco, 23 Cal. 314. This rule is not changed by the fact that one of the members is disqualified. Satterlee v. San Francisco, 23 Cal. 314. Ayes and noes to be entered.—The provision requiring the vote to be taken by ayes and noes, and the names of the mem- 37 BoARD OF SUPERVISORS. art Skc. 10. bers voting for and against the bill to be entered in the journal, 1s mandatory, and a failure to comply with it renders the law void. Ryan v. Lynch, 68 Ill. 160; Spangler v. Jacoby, 14 IIL 297; 58 Am. Dec. 571; People v. Starne, 35 Ill. 121; 85 Am. Dec. 348; Schuyler County v. People, 25 Ill. 163; Osburn v. Staley, 5 W. Va. 85; 13 Am. Rep. 640; Amoskeag Bank v. Ottawa, 105 U. S. 667; State v. McBride, 4 Mo. 303; 29 Am. Dec. 636; Steckert v. East Saginaw, 22 Mich. 104; Lincoln v. Haugan, 45 Minn. 451; State v. Buckley, 54 Ala. 599; South Ottawa v. Perkins, 94 U. S. 260. Sec. 10. No ordinance shall be revised, re-enacted or amended by reference to its title; but the ordinance to be revised or re-enacted, or the section thereof amended, shall be re-enacted at length as revised and amended. Ordinance not to be amended by reference to title.— This provision of the charter is mandatory, and a failure to com- ply with it renders the law invalid. Ex parte Mabry, 5 Tex. Ct. App. 93; Tuskaloosa B. Co. v. Olmstead, 41 Ala. 9; Weaver v. Lapsley, 43 Ala. 224; Watkins v. Eureka Springs, 49 Ark. 131; Walker v. Caldwell, 4 La. Ann. 297; Duverge v. Salter, 5 La. Ann. 94; State v. Miller, 100 Mo. 439; State v. Corner, 22 Neb. 265; 3 Am. St. Rep. 267; Portland v. Stock, 2 Or. 70. The provision does not apply to amendments by implication. Hellman v. Shoulters, 114 Cal. 136; Pennie v. Reis, 80 Cal. 266; University v. Bernard, 57 Cal. 612; People v. Mahaney, 13 Mich. 481; Anderson v. Com., 18 Gratt. 295; School Directors v. School Directors, 135 111. 464; State v. Hancock, 54 N. J. L. 393; Cooley’s Constitutional Limitations, pp. 180, 181. Nor does it apply to supplemental acts not in any way altering or modifying the original act. State v. Hancock, 54 N. J. L. 393; Bradley cte. Co. v. Loving, 54 N. J. L. 227; Lockhart v. Troy, 48 Ala. 579. Nor to statutes merely adding new sections to an existing statute without modifying it. Edwards v. Denver ete. R. Co., 13 Colo. 59; Boonville v. Trigg, 46 Mo. 288; The Borrowdale, gar 1, BoArD OF SUPERVISORS. 38 HAP. see. 11. § 39 Fed. Rep. 376; State v. Thurston, 92 Mo. 3325; | Am. oh ep. V20; State v. Chambers, 70 Mo. 625 Morrison v. 3 Louis ete. RB. Co., 96 Mo. 602; State v. Hendrix, 98 Mo. 374. In re White, 33 Neb. 812. This provision does not prevent the sect ion amended taking its place by its appropriate number in the original act. Fletcher v. Prather, 102 Cal. 413. | IT a h 111 1 1 1 « > » h rreof, > | { DA {1 B 2 crt I | $ 11, W | » > 3 | « > 1 h «+ sha » amended ac- fact. and thereupon this charter shall be amended cordingly. \ 1 “article NX he Amendments to charter. Scction 8 ol article X1 ol | 1 hie » charter may be (‘onstitution provides the manner in which the cht wl S . he amended. at inter- imended The charter so ratified may he amended, ; er | | als efor, 8 ntted vals of not less than two years, hv proposals ther ur N — . " itv of atv he qualified electors aslative qty oof the city tot | by the legislative authori) | lifted enueioss or sheclal election held at least forty day: . reof, at a general ty | at and ratified by alter the publication of such proposals ne at least three fifths of the qualified electors voting i. : a approved hy the Legislature as herem provided for the approve ol the charter. | - N | on provision of the Constitution 1s PN, pl ne the provision of the charter is in accord with RT ot vision is void, and an amendment adopted according " ne he invalid. The provision of the charter differs from tha Constitution in the following particulars: A i The Constitution contemplates that the nd ne ps he oricinated hy the © legislative authority of the city 3 er the charter provides that such amendment may orrginaic " S visors tf city a y, sells or manufactures goods, ware ne Hh - Hy Al eS ( » YC « (0) AW (> - 1 yr merchandise, except such as require permits from the - A are) POWERS OF SUPERVISORS. 56 SEC. 1. Board of Police Commissioners as provided in this char ter. 16. To prescribe fines, forfeitures and penalties for ihe breach of any ordinance; but no penalty shall exceed the amount of five hundred dollars or six months” im- prisonment, or both. 17. To fix the fees and charges for all official services not otherwise provided for in this charter. 1S. To allow not to exceed two thousand five hundred dollars in any year for the celebration of the anniversary of our National Independence, and not to exceed five hundred dollars in any year for the observance of Me- morial Day. 19. To appropriate such sums as may he paid into the treasury from fines collected on conviction of persons charged with cruelty to animals, and to authorize the payment of the same or some part thereof to any society that shall efficiently aid in such convictions. 20. To provide for the payment of compensation to the interpreters appointed by the judges of the Superior Court to interpret testimony in criminal cases in said court or the Police Court, or upon inquests and examina- tions. Such compensation shall not exceed one hundred dollars a month for each interpreter. 21. To offer rewards not exceeding one thousand dol- Jars in any one instance for the apprehension and con- viction of any person who may have committed a felony in the city and county, and to authorize the payment thereof. 22. To provide in the annual tax levy for a special fund to be used in the construction of a general system of drainage and sewerage. 3 kr its | POWERS OF SUPERVISORS (ART. IL. : CHav, II. SEC. 1. 23. To provide a seal for the city and county, and seals for the several departments, boards and officers thereof, and a seal for the Police Court. 24. To fix the hours of labor or service required of all laborers in the service of the city and county, and to fix their compensation; provided that eight hours shall be the maximum hours of labor in any calendar day, and that the minimum wages of laborers shall be two dollnns a day. 25. To set apart as a boulevard or boulevards any street or streets, or portions of a street or streets, aver which there is no existing franchise for any street rail- road. | 26. To construct or permit the construction of tun- nels, under such rules and regulations as the board may prescribe. | 27. To regulate street railroads, tracks and cars; to compel the owners of two or more of such roads using the same street for any distance not exceeding ten blocks to use the same tracks and to equitably divide the cost of construction and expense of maintenance thereof be- tween the owners; to fix, establish and reduce the fares and charges for transporting passengers and goods thereon; to regulate rates of speed, and to pass ordi- nances to protect the public from danger or inconven- ience in the operation of such roads. 28. To allow any transcontinental or other railroad company having not less than fifty miles of road actually constructed and in operation to enter the city and county with its road and run its cars to the woken front at the most suitable point for public convenience. No exclusive right shall be granted to any railroad com- Antti AS i A i gi Bl Agrh 1 POWERS OF SUPERVISORS. 58 Ske. 1, ) pany; and the use of all such rights shall at all times be subject to regulation by the Supervisors. [very ordinance granting such right shall be upon the conditions that said company shall pave and keep in re- pair the street from curb to curb in such a manner and with such material as may from time to time be pre- scribed by the Supervisors, and that such company shall allow any other railroad company to use in common with it the same track or tracks, each paying an equal portion for the construction and repair of the tracks and appurtenances used by such railways jointly. 29. To convey lands in accordance with the provis- ons of the act of the Legislature of the State of (Cali- fornia, entitled “An act to expedite the settlement of land titles in the City and County of San I ancisco, and to ratify and confirm the acts and proceedings of cer- (ain of the authorities thereof,” approved March 14, 1870. 30. To provide for the execution of all trusts confided 0) to the city and county. 91. To transfer from one department of the city gov- ernment vacant and unused lots of land to another de- partment. 32. To provide for the lease of any lands now or here- after owned by the city and county; but all leases shall he made at public auction to the highest responsible bid- der at the highest monthly rent, after publication of no- tice thereof for at least three weeks. No lease shall be authorized except by ordinance passed by the affirma- tive vote of two thirds of the members of the board, and approved by the Mayor, and no lease shall be made for a longer period than twenty years. oY POWERS OF SUPERVISORS. Fi Cuarp. II. Skee, 1. > ry RT . . . 33. To provide for the sale at public auction, after advertising for five days, of personal property unfit or unnecessary for the use of the city and county. 34. To provide for the purchase of property levied upon or under execution in favor of the city and county; but the amount bid on such purchase shall not exceed the amount of judgment and costs. 35. The Supervisors must appropriate annually to the Mayor thirty-six hundred dollars as and for a con- tingent fund, for which he need furnish no vouchers. Powers of Supervisors —/n general —The board of supervisors is a special tribunal with mixed powers—administra- tive, legislative, and judicial. Waugh v. Chauncey, 13 Cal. 11; [fall v. Paine, 23 Cal. 303. When exercising judicial functions, its action cannot be col- laterally attacked, but only upon certiorari. Waugh v. Chaun- . 5 1, . D. . . o . . } 2 cey, 13 Cal. 11; Fall v. Paine, 23 Cal. 303; Robinson v. Super- visors, 16 Cal. 208; Murray v. Supervisors, 23 Cal. 493; Bixler q ~ . ) { . v. Sacramento, 59 Cal. 698; People v. Supervisors, 10 Cal. 344; ] J > * b Lent v. Tillson, 72 Cal. 404, 43. m , BI Co . I'hey have only such powers as are conferred upon them by their charters, the statutes and Constitution of the state. Robin- ’ y I x7 we . ¢ ) 1 son v. Supervisors, 16 Cal. 208; Ix parte Roach, 104 Cal. 272; Vernon Irr. Co. v. Los Angeles, 106 Cal. 237; Modoc v. Spencer 103 Cal. 498. I'hey are bodies with a limited jurisdiction, and their jurisdie- tion must appear in the record of their proceedings. Finch v. Supervisors, 29 Cal. 453. I'hey can exercise the following powers and no others: m ( Te ) | "WW "(QS 7 . : | I. Those granted in express words; 2. Those necessarily or fairly implied in or incid | . craent to } ers ex ISSIY OT A A " ed 1 t to the powers expressly granted ; 3. Those essential to the declared objects and purposes of the corporation—not simply convenient, but indispensable. Von Schmidt v. Widber, 105 Cal. 151. As to the authority of the supervisors to rescind their action § Ra, F 4 LIFORMN 7 iin ET Wr Les QQ, f / - - em i hr oe AR SR GG TT SIA. ST ArT. 11. | 60 CHAP. 11. Sec. 1.) POWERS OF SUPERVISORS. see: Hall v. Lox Angeles, V4 Cal. 502; McConoughey v. Jackson, 101 Cal. 265: C. P. R. R. Co. v. Placer, 46 ‘al. 668. As to the liability of supervisors for negligence, see: Political Code. sce. 4086: Santa Cruz R. R. Co. v. Santa Clara, 62 Cal. 180. Ordinances passed un Jle and consonant with the general powers Ex parte Green, 94 Cal. 387, ler the implied power of the munici- pality must be reasonal and purposes of the corporation. v y 3 . ’ r OQ Ne aq - lox parte Chin Yan, 60 Cal. 78; Matter of Ah You, 88 Cal. 99: 3 i 7 i] 1, no, [ox parte Miller, 89 Cal. 41; [3x parte Whitwell, 98 (al. 73: 2. > ~ TY AQ ) A X. [ox parte Sing Lee, 96 Cal. 354; Ex parte Hodges, 87 ( al. 1( Merced Co. v. Fleming, 111 Cal. 46. pal ordinance must consist with the general powers the corporation, must harmonize with the gen- A municl and purposes of he | eral laws of the state, the municipal charter, and the principles of the common law. South Pasadena v. Terminal Ry. Co., 109 (fal. 315; Lx parte Frank, 52 Cal. 606, 609; 18 Am. Rep. 642 lox parte Kearny, 55 Cal. 21%. As {0 conflict between county and city ordinances, see: Ex parte Roach, 104 Cal. 272; kx parte Mansfield, 106 Cal. 400. Subdivision 1.—Local, police, and santlary [ows — This pro- vision of the charter is taken from section 11 of article X1 of the Constitution, which provides that “Any county, city. town, or township may make and enforce within its limits all such local, police, sanitary, and other regulations as are not in conflict with general laws.” The term “other regulations” 1s limited to objects similar to those denominated police and sani- tary. Ix parte Hodges, 87 Cal. 162. | Ordinances passed under this provision must not be in conflict with general laws of the state. Matter of Sie, ©3 Cal. 142; Ix parte Hong Shen, 98 Cal. 631; San Luis Obispo v. Graves, 8+ Cal. 71: Matter of Guerrero, 69 Cal. 88: Ex parte Green, 94 Cal. 387: Ex parte Christensen, 85 Cal. 208; [ix parte Taylor, 87 (al. 91; Ex parte Solomon, 91 Cal. 440: Ex parte Campbell. 74 Cal. 20; Ex parte Stuart, 61 Cal. 374; Bx parte Keeney, 84 Cal. 304; Ex parte Boswell, 86 Cal. 232: Ex parte Lacey. 108 (al. 326: Ex parte Roach, 104 Cal. 272: Ex parte Stephen. 114 Cal. 278. ~ 61 POWERS OF SUPERVISORS. favs Us (SEC. 1 This provision does not authorize the passage of any ordi- nance which shall have any force outside of the limits of the mu- nicipality. South Pasadena v. Terminal Ry. Co. 109 Cal. 315. The following ordinances have heen held to be valid as = local, police, and sanitary” laws: Prescribing the manner in which buildings used as laundries shall be constructed and where they shall be located (Ix parte White, 67 Cal. 102; Matter of Yick Wo, 68 (al. 294: Ex parte Movnier, 65 Cal. 33; Matter of Hang Kie, 69 Cal. 119) : prohibiting the sale of opium except in cer- tain cases (Ex parte Hong Shen, 98 Cal. 681) 1 prohibiting the maintenance within the city limits of any tippling-house, dram- shop, or bar-room (Ix parte Campbell, 7+ Cal. 20) ; prohibiting the sale of spirituous liquors without a license (In re Stuart, 61 (al. 374); fixing a higher license for carrying on a saloon where females are employed than where they are not (Ex parte Feleh- lin, 96 Cal. 360); providing that no license shall be issued to persons engaged in the sale of liquors in dance-cellars, ete., or where females attend as waitresses (Ex parte Hayes, 98 Cal. 555; Foster v. Police Com’rs, 102 Cal. 483); prohibiting the maintenance of slaughter-houses within certain limits (I6x parte Shrader, 33 Cal. 279: Ix parte Heilbron, 65 Cal. 609); pro- hibiting the keeping of more than two cows within certain por- tions of the city (Matter of Linehan, 72 Cal. 114); prohibiting the feeding of cows on still slops, and vending milk of cows so fed (Johnson v. Simonton, 43 (fal. 242); preventing cattle and hogs from running at large over the public streets (Amyx v. Taber, 23 Cal. 370); prohibiting the selling of pools on horse- races, except within the enclosure of a race-track (kx parte Tut- tle, 01 Cal. 589) : making it unlawful to visit places of gambling (ox parte Lane, 76 Cal. 587: Lx parte Chin Yan, 60 Ual. 78) ; prohibiting any person, for the purpose of prostitution, from vis- iting any building kept for the purpose of prostitution (Ex parte Johnson, 73 (fal. 228); prohibiting profane language (lix parte Delaney, 43 ("al. 478); forbidding the dumping of rubbish, ex- cept in a place designated by the superintendent of streets (kx parte (fasinello, 62 Cal. 538; sce also Ex parte Taylor, 87 Cal. < 91): making it unlawful to “play or make a noise upon any musical instrument in any drinking saloon 7 after twelve o'clock Er RR owes > ——————————————— ee ER —— HE) POWERS OF SUPERVISORS. Sec. 1.) midnight, or for any female to be in any public drinking-house after that hour (Ix parte Smith & Keating, 38 Cal. 702); pro- hibiting the establishment or conducting of any carpet-beating machine within certain limits (lx parte Lacey, 108 Cal. 326; [x parte Cheney, 90 (‘al. 617); granting to a certain person the exclusive privilege, for twenty years, of having and removing all dead animals not slain for food (Alpers v. San Irancisco, 32 Fed. 503; National Fertilizer Co. v. Lambert, 48 Fed. 458); providing for a bounty on coyote scalps (Ingram v. Colgan, 106 (al. 113); prohibiting the heating of drums in the traveled ctreets of a city without permission of the president of the board of trusices (Matter of Flaherty, 105- (al. 558); Imposing higher tax upon saloons outside of incorporated cities and towns than upon those within such municipalities (lx parte Stephen, 114 Cal. 278). On the other hand, the following ordinances have heen held not to be valid police regulations: Prohibiting the employment of females in dance-cellars, ete. (Kx parte Maguire, 57 Cal. 601) ; prohibiting the employment of any onc to work more than eight hours a day, and the employment of (‘hinese labor (kx parte Kuback. 85 Cal. 274); prohibiting the carrying on of a public laundry within the corporate limits of a town, except in certain blocks, without a written permit from the hoard of trustees, and (he consent of a majority of the real-property owners within a certain district (Ex parte Sing Lee, 96 (al. 351); providing that all insane asylums shall be constructed of either brick, iron, or stone. and surrounded by a brick or stone wall, that they shall not he within four hundred yards of any dwelling or school, that only one class of persons shall be treated in the same building, and that male and female patients shall not be cared for in the > 9) 502), sec. 1, subdiv. 5. Artinanls running at large: Amyx v. Taber, 23 al. 370; Spect v Arnold. 52 Cal. 455; Thompson v. Copstein, 5% lal. 653. Subdivision 9.—Morque—Act of March 5, 1885. 25): Charter, art. IV, ch. VI, sec. 1. Subdivision 10.—Witnesses.—Cal. Con., art. 1, ny Subdivision 11.—Prisons, etc.——Cons. Act, (Stats. oo p. 145), sec. 74, subdiv. 16; Act of April 1, 1872, (Stats. er = 518); Act of March 31, 1876, (Stats. 1875-6, 632) a ° March 9, 1885, (Stats. 1885, 34) ; Act of Feb. 23, 1893, (Stats. 1893, 5); Act of April 1, 1878, (Stats. 1877-8, 953). sor. 9) As to hospitals, see Act of Feb. 16, 1897, (Stats. 1 i i As to the erection of jails, see Ertle v. Leary, 114 Cal. 238. Subdivision 12.—Purchase of property.—Charter, art. 1 30 | 1t was held under the Consolidation Act that the city and county did not have unlimited power to purchase Property and that the board of supervisors had no authority io pure lise ron] estate as a site for a smallpox hospital. Von Schmidt v. Widber, 105 Cal. 151. Subdivision 13.—DPublic utililies.—Act of April 26, J262, (Stats. 1862, 466), sec. 1, subdiv. 9; Act of April + en (Stats. 1863. 168), sec. 1, subdiv. 6; Charter, arts. VI and X11. Subdivision 14.—Water rates—Cal. Con., art. XIV: Act of March 7. 1881. (Stats. 1881, 54). As to this comstitutions] nrovision and the provisions of the act of 1881, the Supreme 65 PowERS OF SUPERVISORS. {any SEC. 1. Court, in Fitch v. Supervisors, XVI Cal. Dec. 129, laid down the following rules: 1. An ordinance fixing the rates passed subsequent to Febru- ary is as valid as if it were passed in February, and the rates fixed by such ordinance may be collected [rom the consumer. R. The failure of the board to fix the rates is an offense against the entire state, and not against any individual, and the Legis- lature has no power to authorize a prosecution for such offense at the instance of an individual. 3. After the rates have been fixed, although not fixed in the month of February, a consumer and ratepayer is not an“ inter- ested party ” within the meaning of section 8 of such act. As to the fixing of water rates in general, sce the following cases: San Francisco Pioneer Woolen Factory v. Brickwedel, 60 Cal. 166; People v. Stephens, 62 Cal. 209: S. V. W. W. v. Bryant, 52 Cal. 132; San Francisco v. S. V. W. W.. 53 Cal. 608 ; Jacobs v. Supervisors, 100 Cal. 121; S. V. W. W. v. San Fran- cisco, 82 Cal. 286; S. V. W. W. v. Supervisors, 61 Cal. 3; Shew- ard v. Citizens’ W. Co., 90 Cal. 635; San Diego Water Co. v. San Diego, 59 Cal. 517; [liggins v. San Diego Water Co., 118 Cal. 524; Redlands ete. Water Co. v. Redlands, 121 Cal. 365. As to the authority of the city to regulate telephone and tele- graph rates, sce: Am. Law Rev., vol. XXX, No. 3, p. 381, (May- June, 1896) ; section 7 of this chapter. Subdivision 15.—Licenses.—Act of March 30, 1872, (Stats. 1871-2, 736); Charter, art. VILL, ch. III, see. 1, subdiv. 8. This provision of the charter abolishes all mercantil for carrying on business at an the sale of liquor. e licenses y fixed place, except licenses upon As to municipal licenses in general, see: 1 65 Cal. 288; O’Brien v. Colusa, 67 Cal. 503; In re Guerrero, 69 Cal. 88; In re Lawrence, 69 Cal. 608; Amador Co. v. Kennedy, 70 Cal. 458: Ex parte Thomas, 71 Cal. 204; Maxwell v. San Luis Obispo, 71 Cal. 466; San Luis Obispo v. Hendricks, 71 Cal. *42; Sullivan v. Rover, 72 Cal. #48; Monterey v. Abbott, 77 Cal. 541; San Luis Obispo v. Graves, 84 Cal. 71 ; Mendocino Co. v. Bank of Mendocino, 86 (al. 255; Merced Co. v ’eople v. Ferguson, . Fleming, 111 G—CHARTER, ain) PowERs OF SUPERVISORS. 66 Sec 1.) Cal. 46; Ex parte Benninger, 64 Cal. 291; Lassen Yu v9 Cal. 387; Ex parte Mirande, 73 Cal. 365; San Po , ry Ins. Co.. 74 Cal. 113; San Benito v. S. P. R. R. Cn a oy Ex parte Mason, 102 Cal. 171; Ex parte Roach, ) Ex parte Mansfield, 106 Cal. 400; Ex parte Step oy , ve 97%; Ventura Co. v. Clay, 112 Cal. 65; Ex parte sgt y io Cal. 412; Inyo Co. v. Erro, 119 Cal. 119; San Bo a Greenberg, 120 Cal. 300; San Luis Obispo v. dary, : : Subdivision 16.—Fines.—Cons. Act, (Stats. 1856, 145), sec. 74, subdiv. 11. Subdivision 17.—Fees.—Cons. Act, (Stats. 1856, 145), sec. 74, subdiv. 18. | nies 18.—Celebrations.—Act of April 4, 1863, (Stats. 53. 168), sec. 1, subdiv. 4. N i oo es authorized by statute, a wisest ap tion has no authority to arrange a celebration at the pu iy : pense. lodges v. Buffalo, 2 Den. (N. Y.) 110; Hood v. yan. 1 Allen (Mass.), 103; Gerry Vv. Stoneham, 1 Allen (Mass.), ; Tash v. Adams, 10 Cush. (Mass.) 252. | - in 20.—Interproters.—Act of April 4, 1864, ies, 1863-4, 502), sec. 1, subdiv. 28; Charter, ah v, or soc. 1: Code of Civil Procedure, sec. 1884; Act of March 1%, 385, (Stats. 1885, 108). | ps ns welievel on the charter can fix the compensa of of interpreters in the superior courts; but 1t would seem hat the city has that power as to police courts under section 8% 0 article XI of the Constitution. Subdivision 21.—Rewards.—Political Code, sce. 380, sub- div. 8: Penal Code, sec. 1547. This provision docs not authorize the payment of a reward to a peace officer. Lees v. Colean, 120 Cal. R62. The cases are conflicting as to the power of a municipal CoT- poration, in the absence of an express statutory provision to offer rewards for the apprehension of criminals. See: Loveland 7. Detroit. 41 Mich. 367; Gale v. South Berwick, 51 Me. 174; Haneer v. Des Moines, 52 Towa, 193; Hawk v. Marion Co., 48 Towa, 479: Patton v. Stephens, 14 Bush (Ky.), 324; Murphy v. 67 Powers oF Supervisors. fg 1 Ske. 1. Jacksonville, 18 Fia. 318; Grant Co. Com. v. Bradford. 72 Ind. 455; Borough of York v. Forscht, 23 Pa. St. 391; County of Crawford v. Spenney, 21 11. 288; Crawshaw v. Roxbury, 7 Gray (Mass.), 374: Pool v. Boston, 5 Cush. (Mass.) 219; Jan- vrin v. Exeter, 48 N. H. 83. Subdivision 22—Drainage and Sewerage—Charter, art. VI, ch. IV. Subdivision 23.—Seals.—Act of April 23, 1858, (Stats. 1858, R35), sec. 1, subdiv. 20; Charter, art. I, sec. 1. Subdvvision 24.—Ilours of labor.—Political Code, secs. 3244- 350; Charter, art. II, ch. 111, sec. 1. Subdivision 27.—Railway rales—Cal. Con., art. XII, sec. 22; Civil Code, sec. 501; Act of January 1, 1878, (Stats. 1877-8, 18) ; South Pasadena v. Terminal Ry. Co., 109 Cal. 315. There is a question as to whether or not the fixing of street- railway rates is a “ municipal affair ” within the meaning of that expression as used in section 6 of article XI of the Constitution. (See Intro., p. 19.) If not, the provisions cf the Civil Code as to the rates would be superior to those of the charter, It has been held by one of the departments of the superior court of the City and County of San Francisco that the Board of Railroad Commissioners has no power to fix the rates of street railroads. Board of Railroad Commissioners v. Market Street ty. Co., (decided October 13, 1898), San Francisco Law Journal, November 9, 1898. Subdivision 30.—Trusts.—Charter, art. 1, sce. 1. Subdivision 32.—Leases.—Cons. Act, (Stats. 1856, 145), sec. 74, subdiv. 2. Subdivision 33.—Sale of personal property.—Cons. Act, (Stats. 1856, 145), sec. 74, subdiv. 2; Political Code, sec. 4046; County Government Act of 1897, (Stats. 1897, 452), sec. 9: Hall v. Los Angeles, 74 Cal. 502; McGowan v. Ford, 107 Cal. 178; Lrtle v. Leary, 114 Cal. 238. Subdivision 35.—Conlingent fund.—Act of April 27, 1860, (Stats. 1860, 272), see. 9. GR I Rr HR I le Ror ett errors erin - - ? rer pp an A eT SS A Ce Epa de Art. H POWERS OF SUPERVISORS. Cuar. I. SECs. 2-5.) dan 68 M! *\V 3 I Q 3 ‘ | t 2 a 3 ard { « ( yr ¢ ( ( 7 1¢ ( | irk ( f » . . 2 . . f of Equalization o oly U1 be clerk of the Board of [Squaliza the Supervisors shi tion by virtue of his office. 1 ! OOS $56 5 or 72. Political Code, secs. (ons. Act, (Stats. 1896, 145), sec. 1%; ] ) : oc (‘al. Con., art, X111, sec. 9. Sent Td 1 1 enn Savinos and 1.os \< {0 the State Board of [Squalization, sce: Saving oy ho ixD } « J % | y Cal. 415; on v. Austin, 47 Cal. bab. S 46 Cal. 415; Hought Soc. v. Austin, 4 3632, el seq. + Qupervisors shall appoint The Board of Supervisors ¢ I SI (' 3 « » » J C ’ a, shi ill all va- denominated Finance ( ommittee, and shall f The committee shall inves- jes i » committee. cancies in the co Mie accounts of all officers hav tioate the transactions and a ne or dishursement of public ing . collection, custody x Hp or audit ower to approve, allow, or having the | money, or having | ‘ Hi | shall have free access to any demands on the treasury; | oe ] « : “ 383 + » C records, books and papers in all public ofh allirmations, and Lo have power Lo administer oaths and affirmations, lave : Hw ir attendance before examine witnesses, and compel then attendan 02 | The ¢ ittee may at any tune visit them by subpoena, The commit 3 | in ¢ its examinations and any of the public offices and make its examinat « - investications therein without hindrance. i. an © in every six months The committee must, at least once 11 every SIX 1 | ) al bonds of all city and county officers, Sure- exaunine the offic Bs and investigate the sufficiency and solvency 0 he " ties thereon, and report in writing the facts fo i" Mavor. Such report shall specify cach hond with ! 5 and the amounts for which each surety 18 sureties, = ey LL are sufficient and bound, and state whether or not they lent an " ‘ yr . 3 ‘ ey (QC S . solvent. Upon such report the Mayor shal HM necessary to protect the city and bonds when necessary, action as shall he county, and may require new 69 Powers or SUPERVISORS, ely (Ske. 4. and he may suspend any officer till a sufficient bond is filed and approved. Under a like provision of the County Government et, it was held that the hoard of supervisors micht cimploy an expert to ex- amine the books and accounts of county oflicers. Harris v. Gib- bins, 114 Cal. 418. Sees bo The Finance Committee shall have power, and it shall be its duty, to examine (he records and ex- amine and expert the books of account of all persons, companies or corporations that are required fo pay a portion of their gross receipts into the treasury; and shall likewise, as an aid to the fixing of rates for fur nishing water and light to the city and county and to the inhabitants thereof, have like power: and it shall be its duty, to examine the records and examine and expert the books of account of any and all persons, companies or corporations so furnishing water or light. In the exercise of its functions, the concurrence of two members of the committee shall be deemed sufficient. The committee shall keep a record of its proceedings with the names of the witnesses examined and a sub- stantial statement of the evidence taken. If, from the examination made hy the committee, it shall appear that a misdemeanor in office, or a defalcation, has heen com- mitted by an officer, the committee shall immediately re- port to the Mayor, who if he approve the report, shall take such proceedings against such officer as are au- thorized by law, and may suspend him pending such proceedings. Any police officer shall execute the process and orders of the committee. Cons. Act, (Stats. 1856, 145), sec. 65; Act of April 10, 1857 (Stats. 1857, 190). ) eer Se ER Sa A A Sis ae eae Ee ———— —— ————— I ——— ERS SE a pp Ty pole a Ue i Se awe hi 3 POWERS OF SUPERVISORS. 70 SECS. D 6.) See. 5. No exclusive franchise or privileg oranted for laying pipes, wires or conduits. e shall be Cal. Con., art. 1, sec. 21; art. XI, sec. 19. See. 6. The Board of Supervisors shall have power a term not exceeding twenty-five to grant authority for cailways upon, or years to construct and operate street over, or under, the streets or par ts of streets of the city county not reserved for boulevards or carriage and upon the following conditions and in the fol- driveways, lowing manner and none other: Upon application being made to the board for any franchise, it shall by resolution determine whether or any part thereof should be gre anted, and Ul determine on what conditions the same such such franchise at said time she shall be granted additional to those conditions provided in this chapter. After such determination, it shall cause notice of such application and resolution to be adver- tised in the oficial newspaper of the city and county for ten consecutive days. Such advertisement must be com- pleted not less than twenty nor more than thirty days before any further action is taken by the board on such application. The advertisement must state the char- acter of the franchise sought, the term of its proposed continuance, and the route to be tr wersed ; that sealed Lids will be received up to a certain hour on a day to be named in the advertisement; and a further statement that no bids will be received of a stated amount, but that all bids must be for the payment to the city and county in lawful money of the United States of a stated per- centage of the gross annual receipts of the person, com- pany or corporation to whom the franchise may be 71 rhb Powers or Supervisors, (Arr. IL CHAP. 11. SEC. 6, awarded, arising from its use, ope ation, enjoyment or possession. hii very bidder shall file with his bid a bond executed Lo the city and county, with at least two good and suffi- cient sureties to be approved by the Mayor in a penal sum prescribed by the Supervisors, and wok forth in sail advertisement, conditioned that such bidder will well and ly observe, fulfil and perform each and all of the condigions, terms and obligations of the franchise for which said application was made in case the site shall be Banded to him, and that in case of the breach of iy of the conditions of such bond, the whole amount of the penal sum therein named shall be taken to be liquidated damages, and that as such shall be recoverable from the principal and sureties on such bond. At the next regular session after the expiration of the tite stated in such advertisement up to which such bids will be received, the board must open such bids and award the franchise to the person, company or corpora- tion offering to pay the highest stated pereaiioge of the ros receipis arising from the use, ope ation, posses- Sion or enjoyment of the franchise for which such appli- cation was made. But no award shall be made. nor an such application granted, unless the stated an offered to be paid for the franchise shall be at least three per centum of such gross receipts during the first five years of the period for which the soonthide is i be granted, four per centum of the gross receipts during the next succeeding ten years, and five per centum of the gross receipts during the next succeeding ten years. Except as in this section otherwise provided, biddin for such franchises must be in accordance with the os Awe HA POWERS OF SUPERVISORS. 72 SEC. 6. visions of this charter in relation to bids made to the Board of Public Works, so far as such provisions may be applicable. The Supervisors may reject any and all bids, and may refuse to grant a franchise for any part of the route for which application was made. Every ordinance making such grant shall require the concurrence of three fourths of all the members of the 3oard of Super- visors, as shown by the ayes and noes, and the approval of the Mayor, and at least ninety days shall intervene be- {ween the introduction and final passage of any such or- dinance. It shall require a vote of five sixths of all the Supervisors to pass the ordinance notwithstanding the objections of the Mayor. If any bid be accepted, the f .anchise must be granted upon the express condition, in addition to the conditions required by this charter, and such other conditions as may be prescribed by the Supervisors, that the per cen- tum of the gross receipts of the railway shall be paid into the treasury on or before the tenth day of the next ensu- ing month after such gross receipts shall have been earned ; and upon the further condition that the whole of the railway shall be continuously operated, and that at the end of the term the road-track and bed of such ailway and all its stationary fixtures upon the public streets, shall become the property of the city and county; and that the grantees will, within one hundred days after the date of such grant, commence the construction of such railway, and continuously thereafter, in each and every month until the completion thereof, expend in such construction at least the sum of three thousand dollars. The failure to comply with any of said conditions > Paw wp ! 73 POWERS OF SUPERVISORS. {Ant IL < CHavr. IIL. sec. 6. shall work an immediate forfeiture of such franchise and the road or track constructed thereunder. There shall be no power in the Supervisors to relieve from such for- feiture or from any of said conditions. On or before the tenth day of each month after said receipts shall have been earned, the president and secretary of said railway company shall make and file with the Clerk of the Board of Supervisors a sworn statement of the gross receipts of such railway for the preceding month. In granting any such franchise the Board of Super- visors shall impose such other lawful conditions as it may deem advisable, and must expressly provide that the franchise shall not be renewed or regranted, and that the board shall at all times have the power to res: late the rates of fare to be charged by those using, oper: ating, possessing or enjoying the franchise, and that the I'inance Conimittee of the hoard shall at all times be permitted to examine and expert their hooks as to such gross receipts. All moneys received for such franchises and in payment of the said per centum shall be credited to the General i'und. Franchises.—Civil Code, secs. 497, el seq.; Act of March 13 189%, (Stats. 1897, 135); Act of February 25, 1891 (Stats. 1891, 12) ; Act of February 24, 1893, (Stats. 1893 29) ; Act of March 3, 1893, (Stats. 1893, 208) ; Thompson v. ’Mlariods (fo Lil Cal, 553; People v. Craycroft, 111 Cal. 544; Montgonors thir Wp tog Cal. 186; South Pasadena v. Terminal Ry. Ordinance to be submitted to the vote of the people, see note to sections 20 and 21 of chapter I of this article. As to the power of the city to annex additional conditions to the franchise, see: South Pasadena v. Terminal Ry. Co. 109 Cal 315; Atlanta v. Gate City ete. Co., 11 Ga. 106. ; | Ape PowERS OF SUPERVISORS. 74 SEc. 7. In granting a franchise the board of supervisors does not exer- cise judicial, but legislative, functions. People v. Supervisors, AV1 Cal. Dec. 159. SEC. 7. The Supervisors shall have no power to grant franchises or privileges to erect poles or wires for transmitting electric power or for lighting purposes along or upon any public street or highway of the city and county except upon all the conditions and in the manner, including competitive bidding and payment of a percentage of gross receipts, hereinbefore set out, and upon the further condition that the board shall at all times have the right to regulate the charges of any per- son, company or corporation using, enjoying or pos- sessing such franchise or privilege. When, on the expiration of any street railroad fran- chise, it shall be deemed inexpedient by the board to use any of the property reverting to it by reason of such expiration in the operation of a street railroad, then the board shall have power to lease such property to any person, company or corporation after the notice, on the terms, and in the manner above provided as to the grant- ing of street railroad franchises, as far as the same may be applicable. But no ordinance authorizing such lease shall be passed prior to ninety days next preceding the expiration of such franchise. Any ordinance granting a franchise or authorizing a lease under the provisions of this section shall be in force from and after the expiration of thirty days from the date of its signature by the Mayor, or from and after the expiration of thirty days from the date of its pas- sage by the Supervisors over his objections, unless within said thirty days a petition signed by a number of 75 POWERS OF SUPERVISORS. {ARR IL see, 7. the electors of the city and county equal to fifteen per centum of the votes cast at the last preceding election shall have been filed with the Supervisors, asking that said ordinance be submitted to the vote of the people. In such case said ordinance shall be submitted at the next election to the vote of the electors of the city and county, and unless said ordinance shall at said election receive in its favor a majority of the votes cast thereon it shall have no force or ‘effect for any purpose. If a majority of the votes be in favor of such ordinance, the Board of Election Commissioners shall, on the conclu- sion of the canvass of the vote thereon, proclaim such fact, and upon such proclamation said ordinance shall have full force and effect as of the date aforesaid. Said petition and submission shall be made in accordance with the provisions of section twenty of chapter I of this article. Light, power, etc.—Section 19 of article XI of the Con- stitution provides: “In any city where there are no public works owned and con- trolled by the municipality for supplying the same with water or artificial light, any individual, or any company duly incorpo- rated for such purpose under and by authority of the laws of this state, shall, under the direction of the superintendent of streets, or other officer in control thereof, and under such general regula- tions as the municipality may preseribe for damages and indem- nity for damages, have the privilege of using the public streets and thoroughfares thereof, and of laying down pipes and con- duits therein, and connections therewith, so far as may be neces- sary for introducing into and supplying such city and its inhabi- tants either with gas-light or other illuminating light, or with fresh water for domestic and all other purposes, upon the condi- tion that the municipal government shall have the right to regu- late the charges thereof.” Arr. 11.) CHavr. Il. SEC. 7. J POWERS OF SUPERVISORS. 76 This provision of the Constitution is held to he self-executing. Ewing v. Oroville M. Co, 56 Cal. 649; Spring Valley Water Works v. San Francisco, 61 Cal. 3: People v. Stephens, 62 Cal. 209). An ordinance requiring a company to obtain a permit from the superintendent of streets before erecting poles in the streets is valid: and the fact that the permit is improperly refused is no ground lor an injunction to prevent the superintendent of streets from interfering with the erection of the poles, the proper remedy being mandamus to compel the granting of the permit. Mutual Eleetrie Li. Co. v. Ashworth, 118 Cal. 1. The effect of the provisions of this section of the charter is that no one shall herealter he permitted to use the public streets for the purposes stated, except under the conditions stated in section six of this chapter, including competitive bidding and payment of a percentage of gross receipts to the city and such additional conditions as the board shall make upon cach application for such franchise. Tt is believed that this provision of the charter is in conflict with the constitutional provision quoted above. The only conditions imposed upon the applicant by this section of the Constitution are that he shall exercise the privilege © under the directions of the superintendent of streets . . . and under such general regulations as the municipality may prescribe for damages and indemnity for damages”; and that the municipal- ity “shall have the right to regulate the charges thereof.” These provisions do not authorize the city to compel the applicant for such privileges to enter into competitive bidding with some one who mav not intend to ever make use of the franchise when he obtains it; nor does it authorize the city to compel him to pay an exorbitant percentage into the city’s treasury for the privilege, when companies already in the field are not required to make any such payment. As to the provision requiring the ordinance to he submitted to a vote of the people, see note to sections 20-21 of chapter I of this article. As to competitive bidding, see sce. 6 of this chapter. As to exclusive franchises, see sec. 5 of this chapter. As to street railway franchises, see sec. 6 of this chapter. ) vais . x i om 77 Powkrs oF Supervisors. {ARE (SEC. 8. As to the authority of the city to regulate telegraph and tele- phone rates, see Am. Law Rev., vol. XXX, No. 3, p. 381, (May- June, 1896). ray ) : . . . SEC. 8. All claims for damages against the city and county must be presented to the Board of Supervisors and filed with the Clerk within six months after the oc- currence from which the damages are claimed to have arisen; otherwise there shall he no recovery on any such claim. Claims against city and county.— Charter, art. II, ch. I, see. 19; art. HI, ch. LV, see. 1; Political Code, sce. 4072. Prior to the adoption of the charter there was no statute re- quiring claims for damages against the City and County of San Francizco to be presented to the Board of Supervisors. Lehn v, San Francisco, 66 Cal, 76; Bloom v. San Francisco, 61 Cal. 503; Spangler v. San Francisco, 81 Cal. 12. The provision does not apply to causes of action which accrued before the adoption of the charter. Powers v. City of St. Paul, 36 Minn. 87. Provisions requiring claims against municipalities to be pre- sented are valid. May v. Jackson Co., 35 Fed. 710; Maxwell v. Fulton Co., 119 Ind. 20; People v. San Francisco, 11 Cal. 206. The complaint must allege presentation. Reining v. Buffalo, 102 N.Y. 3085 Thompson v. Milwaukee, 69 Wis. 492; Ames v. San Irancisco, 76 Cal. 325; Yolo Co. v. Sacramento, 36 Cal. 193; Youngsville v. Siggins, 110 Pa. St. 291. An allegation that the claim was “duly presented ” is insufli- cient. Rhoda v. Alameda Co., 52 Cal. 350; Janin v. Browne, 59 Cal. 37, 42. A claim for damages caused by the change of the grade of a street must be presented. Bancroft v. San Diego, 120 Cal. 432. The action is upon the claim, and recovery can only be had upon and in accordance with it. McGrath v. Carroll, 110 Cal. 79, 83; Lichtdenberg v. McGlynn, 105 Cal. 45. The claim must state sufficient facts to determine the amount due. Christie v. Sonoma Co., 60 Cal. 164. Se Sete elect eset ———— met ee — arr Mn! CONTRACTS. 78 gaps AL} [tems may be given by reference to statement attached to the claim. Babcock v. Goodrich, 47 Cal. 488. Le The claim must be verified. McCormick v. Tuolumne Co., 3 eo ek be presented within the time specified. Carroll v. Siebenthaler, 37 Cal. 193; Wright v. Merrimack, 52 Wis. 466. Actions for “damages” only are included in this provision. It includes actions in tort as well as actions for damages for breach of contract. Yolo Co. v. Sacramento, 36 Cal. 193; Me- ; oo Cann v. Sierra Co., 7 Cal. 121. ati The provision of the County Government Act requiring the claim to be itemized, “giving names, dates, and particular services rendered,” is directed to the board of supervisors alone, and not to the auditor. Sehorn v. Williams, 110 Cal. 621. CHAPTER 111. Contracts. SEoTion 1. All contracts for goods, merchandise, stores, supplies, subsistence or printing for fhe city ad county, as well as for all subsistence, Supplies, drugs, and other necessary articles for hospitals, prisons, pub: lic institutions and other departments not otherwise specifically provided for in this elidyier, Buss he WAL by the Supervisors with the lowest bidder offering ade- i : icati ‘or not less than ten quate security, after publication for not ¢ days in the official newspaper; and no purchase thereof or liability therefor shall be made or created except by contract. ow [ixcept as otherwise provided in this charter, the board must determine annually what goods, merchan- i ies Ss, subsis : d other nec- dise, stores, supplies, drugs, subsistence and essary articles will be needed by the city and county for . sie 79 CoNTRACTS, {Char inn, SEC. 1. the ensuing year, and it shall have no power to purchase or to pay for the same unless the provisions in this char- ter provided as to competitive bidding for supplies are strictly followed, and no contract shall be made for any of the same unless upon such competitive bidding. All proposals shall be accompanied with a certificate of deposit or certified check on a solvent bank in the city and county of ten per centum on the amount of the bid, payable at sight to the order of the Clerk of the Super- visors. If the bidder to whom the contract is awarded shall for five days after such award fail or neglect to en- ter into the contract and file the required bond, the Clerk shall draw the money due on such certificate of deposit or check and pay the same into the treasury; and under no circumstances shall the certificate of deposit or check or the proceeds thereof be returned to such defaulting bidder. Notices for proposals for furnishing the aforesaid ar- ticles shall mention said articles in general and shall state that the conditions and schedule may be found in the office of the Clerk of the Board of Supervisors; and shall also state that such articles are to be delivered at such times, in such quantities, and in such manner, as the Supervisors may designate. Any bidder may bid sep- arately for any article named. The award as to each article shall in all cases be made to the lowest bidder for such article, and where a bid embraces more than one article, the Supervisors shall have the right to accept or reject such bid or the bid for any one or more articles embraced therein. Tn the case of contracts for subsist- ence of prisoners the advertisement for proposals shall specify each article required, the quality thereof, the Arr Hoi) CONTRACTS. 80 ginny . ils quantity for each person, one the Ogi Uae » of persons to be supplied. No article , ER in this section shall have been mde prison. The Supervisors shall require bonds with cient sureties for the faithful performance of oy oe tract. The clerk of the Supervisors shall furnis ia { blanks for all such proposals, contracts and wii on All bids shall be sealed and delivered by the bi er ” the clerk of the Supervisors, and opened by the en ol an hour and place to be stated in the Mv proposals, in the presence of all bidders " ho hp one the bidders may inspect the bids. An bids wit > i ; 2 tions or erasures therein shall be rejecien. All a fe e so supplied shall be subject to imspection 0) noyrien by the Supervisors and by the parson m Chorse of office, institution or department for which ihe wa oe supplied. Every contract for work to he peri ht ie to the city and county must provide that in the pe 0 ance of the contract eight hours shall be the Bain hours of labor on any calendar day, and that the ed mum wages of laborers employed by the cont iy the execution of his contract shall be two dollars a day. Any contract for work to be perfortied for the hid od county which does not comply with the provisions y this soebion shall be null and void, and ad aliicer who shall sign the same shall be deemed guilty of misfeas- ance and upon proof of such misfeasance shall be re- moved from office. Contracts.—\Where a charter prescribes the mode 3 Yan municipal contracts shall be entered into, no coming wi i the corporation unless made in that mode. Polio» a Francisco, 20 Cal. 96; McCoy v. Briant, 53 Cal. 247; Los 81 CONTRACTS. { ART. II. CHav. III, SEC. 1. geles Gas Co. v. Toberman, 61 Cal. 199: San Francisco Gas Co. v. San Francisco, 9 (al. 453; Grogan v. San Francisco, 18 Cal. 090; Wallace v. San Jose, 29 Cal. 180; Linden v. Case, 46 Cal. 171; Carroll v. Siebenthaler, 37 Cal. 193. When a contract is not in its origin obligatory upon the corpo- ration, by reason of not having been made in the mode prescribed by the charter, it can not be ratified in disregard of that mode by any subsequent action of the corporate authorities. Zottman v. San Francisco, 20 Cal. 96. But see: Argenti v. San Francisco, 16 Cal. 255; Lucas v. San Francisco, ¥ Cal. 463: McCracken v. San I'rancisco, 16 Cal. 591. It has also been held that the corporation will not be liable in such a case upon an implied contract. Zottman v. San Fran- cisco, 20 Cal. 96. But sec: Brown v. Board of Education of ~ Pomona, 103 Cal. 531; San Francisco Gas Co. v. San Francisco, 9 Cal. 453; Argenti v. San Francisco, 16 Cal. 255; San Fran- cisco Gas Light Co. v. Dunn, 62 Cal. 580. Hours of labor.— Under the provisions of the Act of Febru- ary 21, 1868, (Stats. 1867-8, 63), which provided that “ Eight hours’ labor shall constitute a day’s work in all cases where the same is performed . . by the authority of any municipal government within this state, or of any officer thereof acting as such, and a stipulation to that effect shall be made = part of all contracts to which . . any munici- pal government shall he a party,” it was held that the only stipu- lation that is to be made in the contract is that “eight hours’ labor shall constitute a legal day’s work,” and does not authorize a stipulation that the contractor shall not “require or permit any person so employed to work more than cight hours per day; and in case of violation of this covenant, said party of the second part shall be released from all the obligations herein contained, and the parties of the first part shall not be entitled to any pay for work done.” Drew v. Smith, 38 Cal. 325. Under the same act it was held that a contract is not void because it does not provide that eight hours shall be a day’s work under it. Babcock v. Goodrich, 47 Cal. 488. Tt would seem, however, that this would be the effect of the omission under the charter. T—CHARTER. AT. IL) CONTRACTS. 82 CHAP. III. ~ SEC. 2. J As to the validity of laws limiting the hours of labor in gen- eral, see: Lx parte Kuback, 85 Cal. 274; Drew v. Smith, 38 Cal. 325; Holden v. Hardy, 18 Sup. Ct. Rep. 383; 14 Utah, 71; 46 Pac. Rep. 756; Am. Law. Rev., vol. 32, p. 321. : As to sufficiency of accusation against officer for failure to insert eight-hour clause in contract, sce In re Stow, 98 Cal. 587. As to minimum rate of compensation, see Act of March 9, 1897, (Stats. 1897, 90). i Officers not to be interested in contracts, see: Political Code, sec. 920: Act of May 1, 1851, (Stats. 1851, 522) ; Penal Code, see. V1: Charter, art. XVI, sec. 6; McConoughey v. Jackson, ~ «> > < - y " mn ™, 308. 101 Cal. 265; Rice v. Haywards, 107 Cal. 3! : As {fo contracts for printing, see Cons. Act, (Stats. 1856, 145), sec. 69. A contract for printing without ten days notice that such contract will be let to the lowest bidder 1s void. Maxwell v. Supervisors, 53 Cal. 389. As to competitive bidding, see Ertle v. Leary, 114 Cal. 238. Src. 2. All contracts for official advertising shall be dnd © let annually in like manner by the Supervisors to the lowest responsible bidder publishing a daily BEwSpAper in the city and county which has a bona fide daily Arce: lation of at least eight thousand copies, and has been In existence at the time of letting such contract for at least two vears. In inviting proposals therefor, such adver- dising shall not be classified and no proposal shall be acted upon which ofters to do such advertising at differ- ent rates for different portions thereof. Such advertising shall be construed to mean the ad- vertising and publication of all official reports, orders, ordinances, messages, resolutions, notices inviting pro- posals and all notices of every nature relating to city work. No part or kind of such advertising shall be charged or contracted for at a higher rate than any other part or kind of the same is charged or contracted for, ex- cept in the case of the delinquent tax list. % ART. IL 83 CoNTRACTS. fn SEC. 3. The newspaper to which the award of such advertis- ing is made shall be known and designated as the “ offi- cial newspaper.” The advertising of the delinquent tax list shall be let to the lowest responsible bidder on a separate bidding from all other official advertising. No board, department or officer shall make any publi- cation which is not expressly authorized by this charter or by the Supervisors. Sec. 3. The Clerk of the Supervisors shall annually, under the direction of the Supervisors, advertise for pro- posals for supplying the various departments, officers and offices of the city and county with all stationery and supplies in the nature of stationery, assessment-hooks, minute-books, blank books and the printing of blanks. The contracts for stationery shall he separate from those for printing. Notice for proposals for supplies shall require a greater or less quantity to be delivered at such times and in such manner as the Supervisors may designate. The advertisement for bids for paper shall state the weight, quality and size of the various kinds required, and that for printing shall enumerate the various letter-heads, tax bills, tax receipts, court notices, and all blanks, pa- pers and documents now used or hereafter required in any and all departments of the city and county, includ- ing the forms, papers and blanks now used or hereafter required by the courts of the city and county. The forms for all printing shall be consecutively num- bered, and each form and blank shall be known as No.—— (specifying the number). Such advertisement ART. II. Yo res ACTS 84 ane) CONTRACTS. SEC. 4. shall be published for at least ten days, and shall require the bidders to state the price at which each article will be furnished, printed or manufactured, as the same may be required from time to time during such period, and the amount of the bond that will be required as security for the performance of the contract. No stationery furnished to any officer or department shall contain the name or names of the officer or officers constituting the head of the department or board. The contract or contracts must be made with the lowest bid- der offering adequate security, quantity and quality being considered. The Clerk of the Supervisors shall have rooms in the City 11all for the custody of such sta- tionery, and when purchased the same shall be delivered to him, and he shall issue and distribute the same to the arious departments as required. Ile shall keep accounts in detail, charging himself with all goods received, and crediting himself with the ooods delivered upon order or requisition as hereinafter provided. When any of such supplies are required for any department, the Clerk of the Supervisors shall issue the same after the requisition for such articles has been made by the head of such department and approved by the Mayor. All requisitions for printing shall be made in a simi- lar manner. The Clerk shall report monthly in writing to the Supervisors in detail, the amount of all paper, blanks. books, stationery and printing ordered by and delivered to any department or officer. SEC. 4. Any officer of the city and county, or of any department thereof, who shall aid or assist a bidder in I= Xt Vite) (ART. II. 85 CONTRACTS. {Char IIL. | ~EC. D. securing a contract to furnish labor, material or sup- plies, at a higher price or rate than that proposed by any other bidder, or who shall favor one bidder over another, by giving or withholding information, or who shall wilfully mislead any bidder in regard to the char- acter of the material or supplies called for, or who shall knowingly accept materials or supplies of a quality infe- rior to that called for by the contract, or who shall know- ingly certify to a greater amount of labor performed than has been actually performed, or to the receipt of a greater amonnt or different kinds of material or sup- plies than has been actually received, shall be deemed guilty of misfeasance and shall be removed from office. Sec. 5. All contracts provided for in this chapter must be in writing and executed in the name of the city and county by the Mayor. All such contracts must be countersigned by the Clerk of the Supervisors, and reg- istered by number and date in a book kept by him for that purpose. When a contractor fails to enter into the contract awarded to him or to perform the same, new bids must be invited, and a contract awarded as pro- vided herein in the first instance. When the Supervisors believe that the prices bid are too high, or that bidders have combined to prevent competition, or that the pub- lic interest will be subserved thereby, they may reject any and all bids and cause the notice for proposals to be re-advertised. The provision requiring the contract to be in writing is valid, and must be observed or the contract will be void. Frick v. Los Angeles, 115 Cal. 512; Los Angeles Gas Co. v. Toberman, 61 Cal. 199. ART. IL os in. | CONTRACTS. 86 SEC. 6. SEC. 6. No contract for lighting streets, public buildings, places or offices, shall be made for a longer period than one year, nor shall any contract to pay for gas, electric light or any illuminating material at a higher rate than the minimum price charged to any other consumer, be valid. Demands for lighting public buildings shall be presented monthly to the board or de- partment using or having charge thereof, and shall specify the amount of gas, electric light or illuminating material consumed in such building during the month. Contracts for lighting.—Act of March 26, 1895, (Stats. 1895, 191) ; Act of March 27, 1897, (Stats. 1897, 210) ; Act of April 4, 1870, (Stats. 1869-70, 815) ; Santa Rosa Lighting Co. v. Woodward, 119 Cal. 30. L.evying oF TAXES. ARTICLE IIL FINANCE AND TAXATION. CHAPTER L Levying of Taxes. SECTION 1. On or before the first Monday of April in each year the heads of departments, offices, boards and commissions of the city and county shall send to the Supervisors an estimate in writing of the amount of ex- penditure, specifying in detail the objects thereof, re- quired in their respective departments, offices, boards and commissions, including a statement of the salaries of their subordinates. Duplicates of these estimates shall be sent at the same time to the Auditor. Levying of taxes.—Political Code, secs. 3607-3900; Cons. Act, (Stats. 1856, 145), sec. 71; Act of March 18, 1874, (Stats. 1873-4, 477) ; Act of May 17, 1861, (Stats. 1861, 419); Act of May 18, 1853, (Stats. 1853, 233); Act of March 30, 1872, (Stats. 1871-2, 773). The general revenue system provided in the Political Code applies to the City and County of San Francisco. People v. Reis, v6 Cal. 269; Savings and Loan Soc. v. Austin, 46 Cal. 415; Mitchell v. Crosby, 46 Cal. 97. Under section 9 of article XIII of the Constitution, the tax- payer is entitled to notice of the meetings of the county board at which taxes may be increased, and a statute which does not give him this right is unconstitutional. People v. Pittsburg R. R. Co., 67 Cal. 625. A freeholders’ charter may provide for taxation for municipal purposes. Security Savings ete. Co. v. Hinton, 97 Cal. 214; Farmers’ ete. Bank v. Board of Equalization, 97 Cal. 318. The Legislature has no authority to impose taxes for local pur- So ——— a — Arp) Levyine or Taxes. 88 SEcs. 2-3. poses within the territory of cities. San Francisco v. Liverpool ete. Ins. Co., v4 Cal. 113. SEC. 2. On or before the first Monday of May in each year the Auditor shall transmit to the Supervisors an estimate of the probable expenditures of the city and county government for the next ensuing fiscal year, stating the amount required to meet the interest and sinking funds for all outstanding funded debts, and the wants of all the departments of the municipal govern- ment in detail, and showing specifically the amount nec- essary to be apportioned to each fund in the treasury; also an estimate of the amount of income from fines, licenses and other sources of revenue, exclusive of taxes upon property, and the probable amount required to be levied and raised by taxation. SEC. 3. The Supervisors shall meet annually be- tween the first Monday of May and the first Monday of June, and by vote of a majority of all the members thereof make a budget of the amounts estimated to be required to pay the expenses of conducting the public business of the city and county for the next ensuing fis- cal year. The budget shall be prepared in such detail as to the aggregate sum and the items thereof allowed to each department, office, board or commission, as the Supervisors shall deem advisable. Before finally determining upon the budget, the Su- pervisors shall fix such sufficient time or times as may be necessary to allow the taxpayers to be heard in regard thereto, and the Supervisors shall attend at the time or times so appointed for such hearing. AV VT NY a TQ ART. III. 89 Levyineg or Taxes. {AnD 11 SECS. 4-9. Sec. 4. Any item in said budget may, within ten days, be vetoed in whole or in part by the Mayor, and it shall require fifteen votes of the Supervisors to overcome such veto. Action thereon must be taken before the last Monday of June. After the final estimate is made in accordance here- with, it shall be signed by the Mayor and the Clerk of the Supervisors, and the several sums shall then be ap- propriated for the ensuing fiscal year to the several pur- poses and departments therein named. The estimate shall be filed in the office of the Auditor. ~ SEC. 5. The Supervisors must cause to be raised an- nually according to law, and collected by tax, the amounts so appropriated, less the amounts received from fines, licenses and other sources of revenue. SEC. 6. Except as otherwise provided in this char- ter, no money shall be drawn from the treasury unless in consequence of appropriations made by the Super- visors and upon warrants duly drawn thereon by the Auditor. : SEC. 7. No warrant shall be drawn except upon an unexhausted specific appropriation. Src. 8. The Supervisors may appropriate thirty-six thousand dollars a year for urgent necessities not other- wise provided for by law. No money shall be paid out of this appropriation unless authorized by a five-sixths vote of all the members of the Board of Supervisors and approved by the Mayor. SEC. 9. It shall not be lawful for the Supervisors, or for any board, department, officer or authority having power to incur, authorize or contract liabilities against ArT. IIL a Q Ase HL Levvineg oF TAXEs. 90 SEc.9. the treasury, to incur, authorize, allow, contract for, pay or render payable in the present or future, in any one month, any expenditure, demand or demands, against any appropriation, which, taken with all other expenditures, indebtedness or liability made or incurred up to the time in such month of making or incurring the same, shall exceed one twelfth part of the amount of the appropriation for the fiscal year. When any board, department or officer having power to incur liabilities against the treasury shall make any agreement for obtaining supplies or having labor per- formed, such department, officer or board shall register such agreement by number and date, and all demands arising under such agreement shall be payable in the order of such registration. Such department, board or officer must inform the person with whom it is proposed to make such agreement of the amount of money avail- able or likely to be available in the fund from which such demands are payable. If, at the beginning of any month, any money re- mains unexpended in any appropriation which might lawfully have been expended during the preceding month, such unexpended sum or sums, except so much thereof as may be required to pay all unpaid claims upon such appropriation, may be carried forward and expended in any succeeding month of such fiscal year; but not afterwards, except in payment of claims lawfully incurred during such fiscal year. Appropriations pro- vided to meet the expense of elections; for the support and maintenance of the Assessor’s and Tax Collector’s departments; and for urgent necessities, shall be exempt from the provisions of this section. CHAP. I. SEC. 9. One-twelfth Act.—Act of February 25, 1878, (Stats. 1877- 8, 111) ; Weaver v. San Francisco, 111 Cal. 319; Hunt v. Brod- erick, 104 Cal. 313. This provision has no application to salaries of officers whose appointment is provided for, and salaries fixed, by law. Cashin v. Dunn, 58 Cal. 581; Welch v. Strother, 74 Cal. 413. 91 Levyine oF Taxes. (on IL. Constitutional limitations.—Besides the limitations con- tained in this chapter upon the authority of the municipality to incur liability by contract, the Constitution (art. XI, sec. 18) provides: “No county, city, town, township, board of education, or school district shall incur any indebtedness or liability in any manner, or for any purpose, exceeding in any year the income and revenue provided for it for such year, without the assent of two thirds of the qualified electors thereof, voting at an election to be held for that purpose, nor unless, before or at the time of incurring such indebtedness, provision shall be made for the col- lection of an annual tax sufficient to pay the interest on such in- debtedness as 1t falls due, and also provision to constitute a sink- ing fund for the payment of the principal thereof on or before maturity, which shall not exceed forty years from the time of contracting the same. Any indebtedness or liability incurred contrary to this provision shall be void.” The effect of this provision is that an indebtedness created in one fiscal year cannot be paid out of the revenue of the next or any following year. McGowan v. Ford, 107 Cal. 177; San Fran- cisco Gas Co. v. Brickwedel, 62 Cal. 641; Smith v. Broderick, 107 Cal. 644; Shaw v. Statler, 74 Cal. 258; Schwartz v. Wilson, 75 Cal. 502 ; Mayrhofer v. Board of Education, 89 Cal. 110; 23 Arr. St. Rep. 451; Sutro v. Pettit, 74 Cal. 332; McBean v. San Bernardino, 96 Cal. 183; Von Schmidt v. Widber, 105 Cal. 151; Weaver v. San Francisco, 111 Cal. 319; Bradford v. San Fran- ciso, 112 Cal. 537; Lewis v. Widber, 99 Cal. 412; Montague v. English, 119 Cal. 225. A contract to pay annually a specified sum for a sewer farm for the period of five years is not within this provision of the Constitution. McBean v. Fresno, 112 Cal. 159; Smilie v. Fresno Co., 112 Cal. 311. "The provisions of the Political Code for the issuance of bonds AFL UL) Levying oF Taxes. 92 SEC. 10. ! for the funding of the indebtedness of cities are not within this provision of the Constitution. Los Angeles v. Teed, 112 Cal. 319. So a contract for work to be paid for in installments as the work progresses is not within the prohibition of the Constitution. Smilie v. Fresno Co., 112 Cal. 311; Higgins v. San Diego Water Co., 118 Cal. 524. The provision does not apply to the salaries of public officers. Lewis v. Widber, 99 Cal. 412. If at the time the indebtedness is incurred there are sufficient funds in the treasury to pay it, the contract is not invalidated by reason of the subsequent failure of such funds. Montague v. English, 119 Cal. 225. An action will lie to enjoin the supervisors, auditor, and treas- urer from incurring and paying any indebtedness in contraven- tion of this provision of the Constitution. Bradford v. San Francisco, 112 Cal. 537. “Two thirds of such electors.”—This provision of the Con- stitution only requires the assent of two thirds of such electors as vote on the proposition, and not of all the electors who vote at the election at which the proposition is voted upon. How- land v. Supervisors, 109 Cal. 152. “Provision for tax.”—This does not require that at the time of incurring the indebtedness a sinking fund or interest tax shall be levied, but only that provision shall be made for the coi- lection of the tax. Howland v. Supervisors, 109 Cal. 152. As to the election to authorize the incurring of the indebted- ness, see Los Angeles v. Teed, 112 Cal. 319. Src. 10. No contracts made, the expense of whose execution is not provided by law or ordinance to be paid by assessments upon the property benefited, shall be binding or of any force, unless the Auditor shall indorse thereon his certificate that there remains unexpended and unapplied as herein provided, a balance of the ap- propriation or fund applicable thereto, sufficient to pay the estimated expense of executing such contract, as cer- 93 Levyine or Taxes. far SEC. 11. tified by the board or officer making the same. This pro- vision shall not apply to work done, or supplies fur- nished, involving the expenditure of less than two hun- dred and fifty dollars, unless the same is required by law to be done by contract at public letting. The Au- ditor shall make such indorsement upon every such con- tract so presented to him, if there remains unapplied and unexpended such amount so specified by the officer making the contract, and thereafter shall hold and re- tain such sum to pay the expense incurred until the con- tract shall be fully performed. The Auditor shall fur- nish weekly to the head of each department a statement of the unexpended balances of the appropriation for his department. Auditor’s certificate.—A provision of a charter that all or- dinances or resolutions appropriating money or incurring any liability against the treasury, before being passed, shall have a certificate of the auditor in writing thereon to the effect that such appropriation can be made or indebtedness incurred without vio- lation of any provision of the charter, is constitutional. Hig- gins v. San Diego Water Co, 118 Cal. 524; Pollok v. San Diego. 118 Cal. 593. The provision of the County Government Act to the effect that all claims against the county presented by members of the boawd of supervisors must, before allowance, be presented to the district attorney, who must indorse thereon his opinion as to the validity thereof, is valid. Solano Co. v. McCudden, 120 Cal. 648. SEC. 11. On or before the last Monday of June in each year the Supervisors shall levy the amount of taxes for city and county purposes required to be levied upon all property not exempt from taxation. The amount shall be sufficient to provide for the payment during the fiscal year of all demands upon the treasury authorized A 111. NTN vy N Avr. IIL) Levvine or Taxes. 94 SECs. 12-13. to be paid out of the same; but such levy, exclusive of the state tax and the tax to pay the interest and maintain the sinking funds of the bonded indebtedness of the city and county, and exclusive of the tax to pay for the main- tenance and improvement of the parks, squares and public grounds of the city and county, shall not exceed the rate of one dollar on each one hundred dollars’ valu- ation of the property assessed. The Supervisors in mak- ing the levy shall apportion the taxes to the several funds. Tax levy.—Sce note to section 1 of this chapter. Prior to the adoption of the charter it was not necessary that the mayor should sign the tax levy. Truman v. Supervisors, 110 Cal. 128; Morton v. Broderick, 118 Cal. 474. The assessor need not compute the assessment-book until the first Monday in July (Political Code, sce. 3652), and the hoard of supervisors mav increase or lower the entire assessment any time before the third Monday in July (Political Code, see. 3672). The charter provides that the tax Ievy shall he made on or before the Tact Mondav in June. How can this be done? Nec, 120 In making the apportionment, the Super- visors shall take into account and apportion to the sev- eral funds the income and revenue estimated to arise during the fiscal vear from licenses, fees and other sources; but the income to pay the interest on the honded indebtedness and provide for the sinking funds shall always be provided for out of the tax on property. Nec. 130 The limitation in section eleven of this chapter upon the rate of taxation shall not apply in case of any great necessity or emergency. In such case the limitation may be temporarily suspended so as to enable the Supervisors to provide for such necessity or emer- ( ART. III. < CHAP. 1. | SECS. 14-16. 95 l.evying oF Taxes. gency. No increase shall be made in the rate of taxation authorized to be levied in any fiscal year, unless such in- crease be authorized by ordinance passed by the unani- mous vote of the Supervisors and approved by the Mayor. The character of such necessity or emergency shall be recited in the ordinance authorizing such action, and be entered in the journal of the board. Nothing in this section shall authorize the incurring of liabilities against the treasury not allowed by law, or which cannot be paid out of the income and revenue pro- vided, collected and paid into the proper fund as its proportion of the same for such fiscal year, or permit liabilities or indebtedness incurred in any one fiscal year to be a charge upon or paid out of the income or revenue of any other fiscal year. SEC. 14. The Supervisors shall fix the amount of municipal revenues and provide for the collection there- of. They shall from time to time provide for the paynent of the interest and principal of the bonds for which the city and county is liable. SEC. 15. The Supervisors shall authorize the dis bursement of all public moneys, except as otherwise spe- cifically provided in this charter. Spe. 16. At the close of each fiscal year, if all de- mands against cach fund have been paid or satisfied, and all disputed or contested demands finally adjudi- cated, the Supervisors shall direct the Treasurer to transfer all surplus moneys to a fund to be called the Surplus I'und, except such surplus moneys as are in the several interest and sinking funds, in the Common i ee te mete eee tm Boe i — a—— A— - " ArT. 111. Tur Several Fuxps. 96 CHAP. 11. SECS. 1-2. School Fund, in the Park Mund, the Library Ifund, the Police Relief and Pension fund, in the [Firemen’s Relief and Pension I'und, and in such other funds the disposi- tion of whose surplus moneys is in this charter other- wise provided for. ne : Civile. YE See chapter IT of this article; Belby v. McKenzie, 112 Cal. 143; Modoc v. Madden, 120 Cal. 555. CHAPTER II. The Several Funds. SEcTioN 1. The income and revenue paid into the treasury shall be at once apportioned to and kept in sep- arate funds. It shall not be lawful to transfer money from one fund to another or to use the same in payment of demands upon another fund. The provisions of this section shall not apply to fees paid into the treasury and placed temporarily to the credit of the Unapportioned I'ee fund under the provisions of chapter ILI of this article. Unapportioned Fee Fund: Charter, art. 111, ch. 111, secs. 4, 10, 11, 12. : As 10 the transfer from one fund to another, see: Charter, art. 111. ¢h. 1. cee. 16: Potter v. Fowzer, 78 Cal. 493. SEC. 2. The several funds in the treasury authorized by law at the time this charter takes effect, or provided for hy this charter, shall continue therein so long as there shall be occasion therefor ; and the moneys therein, or which may belong thereto, shall not be used for any purpose other than that for which the same were raised except as otherwise provided in this charter. CHAP. II. SEC. 3. 97 THE Severarn Fuxps. ert I. The General I'und shall consist of moneys received into the treasury and not specially appropriated to any other fund. The Park Ifund shall consist of the moneys annually apportioned to said fund by virtue of the tax provided for in this charter for the maintenance, preservation and improvement of the parks, squares, avenues and public grounds of the city and county; of all moneys ac- cruing from rents of buildings under the jurisdiction of the Park Commissioners; and of all moneys coming into the hands of said Commissioners whether from dona- tions or otherwise. Out of said fund shall be paid all the expenses of every kind for the preservation, main- tenance and improvement of the parks, squares, avenues and public grounds of the city and county. The Library Ifund shall consist of the moneys annu- ally apportioned to said fund by virtue of the tax pro- vided for in this charter for the maintenance of library and reading rooms, and the purchase of books therefor. Out of said fund shall be paid all the expenses necessary to the maintenance of such library and reading rooms and the purchase of books therefor. Funds in treasury when charter takes effect: Charter, art. XVI, sec. 37. General Fund: Cons. Act, (Stats. 1856, 145), secs. 71, 76, 95. Park Fund: Charter, art. XIV, sec. 11. Library Fund: Act of April 26, 1880, (Stats. 1880, 231; Ban.ed., 524) ; Charter, art. VII, ch. VII. SEC. 3. The Surplus Fund shall consist of the moneys remaining at the end of any fiscal year in any other funds (except the Common School Fund and the 8 —-CHARTER. Arr. IIL) Tue Several Funbs. 98 CHAP. I. SEC. 4. other funds by this charter otherwise expressly pro- vided for) after all valid demands, indebtedness and lia- bilities against said funds incurred within such fiscal year have been paid and discharged ; provided, that all disputed or contested claims payable out of such funds have been finally adjudicated. The Surplus I'und shall be used for the purposes and in the order following: 1. In payment of any final judgment against the city and county. 2. In liquidation and extinguishment, under such regulations as the Supervisors may adopt, of any out- standing funded debt of the city and county. 3. To be carried over and apportioned among the funds and used in the ensuing fiscal year as part of the income and revenue thereof. Surplus Fund: Cons. Act, (Stats. 1856, 145), sec. 99. : Moneys in Cfommon School, Park, Library, Firemen’s, Police, and Public Building Funds do not go into the Surplus Fund, but are carried forward. Charter, section 5 of this chapter. Common School Fund: Cons. Act, (Stats. 1856, 145), secs. v1, 76, 95; Act of April 1, 1872, (Stats. 1871-2, 846), sec 4; Political Code, sec. 3861; Charter, art. VII, ch. V, sec. 2; Act of March 30, 1868, (Stats. 1867-8, 558). Sie. 4. The Special Deposit [Fund shall consist of : 1. All moneys paid into court and deposited with the Treasurer by the County Clerk. 2. All moneys received by the Public Administrator and deposited by him with the Treasurer. 3. All moneys deposited with the Treasurer on special deposit. 3 ( J dU \ Y YT al ART. III. 99 Tue Several Fusps. {480 14. ( SECs. 5-6. The moneys in the Special Deposit I'und shall be paid out in the manner prescribed by law. Special Deposit Fund: Cons. Act, (Stats. 1856, 145), sec. 76. Moneys deposited by county clerk: County Government Act, (Stats. 1897, 452), secs. 216-218; Charter, ch. III of this article. Moneys deposited by public administrator: Code of Civil Procedure, sec. 1737. In case of escheated estates: Code of Civil Procedure, secs. 1269-1272. SEC. 5. Except as otherwise provided in this char- ter any moneys remaining at the end of any fiscal year in any interest and sinking fund or a fund provided by a special bond issue for a specific purpose, the Common School I'und, the Park IFund, the Library I'und, the Firemen’s Relief and Pension I'und, Police Relief and Pension I'und, and the Public Building Fund shall be carried forward and apportioned to said respective funds for the ensuing fiscal year. Common School Fund: see sec. 3 of this chapter. Park Fund: see sec. 2 of this chapter. Library Fund: see sec. 2 of this chapter. Firemen’s Relief and Pension Fund: Charter, art. 1X, ch. VII; Act of March 11, 1889, (Stats. 1889, 108) ; Act of March 26, 1895, (Stats. 1895, 107) ; Act of March 3, 1885, (Stats 1885, 13). Police Relief and Pension Fund: Charter, art. VIII, ch. X; Act of March 4, 1889, (Stats. 1889, 56). SEC. 6. Any demand against the treasury or against any fund thereof remaining unpaid at the end of the fiscal year for lack of money applicable to its payment, may be paid out of any money which may subsequently come into the proper fund from delinquent taxes or ge a ae, i res TT rg’ Avr ni) Custopy or PusrLic Moneys. 100 Sec. 1. J other uncollected income or revenue for such year. Such demands shall be paid out of such delinquent revenue, when collected, in the order of their registration. SEC. 7. When there shall be to the credit of any sink- ing fund in the treasury a sum not less than twenty thousand dollars which may be applied to the redemp- tion of any outstanding bonds to which such fund is ap- plicable, which are not redeemable before their ma- turity, it shall be the duty of the Mayor, Auditor and Treasurer to advertise for thirty days, inviting pro- posals for the surrender and redemption of the bonds. After such advertisement the money in such sinking fund, or such portion thereof as may be required there- for, shall be awarded to the person or persons offering to surrender said bounds for the lowest price. Upon such award, when duly audited, the Treasurer shall, upon the surrender of the bonds, pay the amount to the person or persons to whom the same was awarded. No bid for the surrender of any of the bonds shall be accepted, which shall require a greater sum of money for their redemp- tion than the then worth of the principal and interest of the bonds, calculated with interest, not exceeding four per centum per annum. CHAPTER IIL The Custody of Public Moneys. Seorion 1. All moneys arising from taxes, licenses, fees, fines, penalties and forfeitures, and all moneys which may be collected or received by any officer of the CHAP. 111, SECS. 2-3. 101 Custopy or Pusric MoNEYs. fon Si city and county or any department thereof, in his official capacity, for the performance of any official duty, and all moneys accruing to the city and county from any source, and all moneys directed by law or this charter to be paid or deposited in the treasury, shall be paid into the treasury. All officers or persons collecting or re- ceiving such moneys must pay the same into the treas- ury. No officer or person other than the Treasurer shall pay out or disburse such moneys, or any part thereof, upon any allowance, claim or demand. Taxes: Cons. Act, (Stats. 1856, 145), sees. 3-79. Fees: see sec. 3 of this chapter. SEC. 2. Salaried officers shall not receive nor accept any fee, payment, or compensation directly or indi- rectly, for any services performed by them in their of- ficial capacity, nor any fee, payment, or compensation, for any official service performed by any of their depu- ties, clerks, or employees, whether performed during or after official business hours. No deputy, clerk, or em- ployee of such officers shall receive or accept any fee, compensation or payment, other than his salary as now or hereafter fixed by law, for any work or service per- formed by him of any official nature, or under color of office, whether performed during or after official busi- ness hours. SEC. 3. Every fee, commission, percentage, allow- ance, or other compensation authorized by law to be charged, received, or collected by any officer for any of- ficial service, must be paid by the officer receiving the same to the Treasurer in the manner herein provided. Gitar. 11. | Custopy or PusLic MONEYS. 102 8EC. 3. Fees.—Act of February 9, 1866, (Stats. 1865-6, 66) ; Code of Civil Procedure, sec. 91. In 1893 the Legislature passed the so-called County Govern- ment Act, (Stats. 1893, 346), by which it classified counties by population and under that classification regulated the compensa- tion and fees of all county and township officers. In 1895, the Legislature passed an act to establish the fees of county, town- ship, and other officers, and of jurors and witnesses, within this state. (Stats. 1895, 267). It was held that this latter act applied to the City and County of San Francisco. Miller v. Curry, 113 Cal. 644; Reid v. Groezinger, 115 Cal. 551. By the latter act the Legislature attempted to regulate the fees of justices of the peace without reference to the classi- fication contained in the County Government Act. As to this provision, the Supreme Court held that the act of 1895 was un- constitutional, but that this fact did not invalidate the whole act. Dwyer v. Parker, 115 Cal. 544; Reid v. Groezinger, 115 Cal. 551: In 1893, the Legislature passed an act entitled “ An act to provide and regulate the manner of receiving and paying fees, etc., in cities and cities and counties having a population of over one hundred thousand inhabitants, and prescribing the dutics of officers with reference thereto ” (Stats. 1893, 127), by which it was provided that the various officers should no longer collect and receive the fees, but that they should give to the person de- manding of them a service a receipt or acknowledgment, stating the nature of the service to be rendered, and the amount which by law was due therefor. This receipt, or certificate, is then to be taken by the demandant to the treasurer, and to him delivered with the money called for therein. The treasurer in turn issues his receipt, which must in like manner be taken to the officer, who issues a second certificate to the demandant and thereupon and thereafter the service is to be performed. This act was held unconstitutional on the ground that it only applied to one class of municipal corporations, without reason ap- pearing why it was not made applicable to all municipal corpora- tions. Rauer v. Williams, 118 Cal. 401. The provisions of this chapter, as to the manner of the pay- ment of fees, were evidently taken from the act of March 11,1893, Y VQ ArT. III. 103 Custopy oF PusLic Monkvs. Ghar, 11. EC. 4. (Stats. 1893, 127). Sections 2, 5, 7, 8, 9, 10, and 11 are copied from that act. But sections 3 and 4 of the charter are entirely different from the corresponding provisions of the statute. Sec- tion 2 of the statute provides that such fees shall “be paid by the person for whom such service is performed to the treasurer of such city, or city and county, in the manner herein provided ”; whereas section 2 of the charter provides that such fees must “ be paid by the officer receiving the same to the Treasurer in the man- ner herein provided.” Again, while section 4 of the statute pro- vides that the officer shall simply give a certificate, and that the person demanding the service shall pay the money to the treas- urer, section 2 of the charter provides that “It shall be the duty of every officer authorized by law to charge, receive, or collect any fee, etc., . . . to deliver the same to the treasurer at the expi- ration of each business day.” So far the charter provisions make it clear that the fees are to be received by the officer and by him paid to the Treasurer. But in copying section 7 of the statute into the charter it is provided that the officer’s receipt shall state “ the day and hour of the delivery to him of the treasurer’s re- ceipt, . . . and the name of the person by whom such re- ceipt is delivered to him.” This provision, on the other hand, is in exact accord with the act of 1893 and contemplates a payment to the treasurer direct by the person demanding the service; but compliance with this provision as to the form of the receipt is rendered impossible by the provision that the fees shall be paid to the officer performing the service and by him to the treasurer “ at the expiration of each business day.” Spc. 4. It shall be the duty of every officer author- ized by law to charge, receive or collect any fee, commis- sion, percentage, allowance, or compensation for the per- formance of any official service or duty of any kind or nature, or rendered in any official capacity, or by reason of any official duty or employment, to deliver the same \J fo the Treasurer at the expiration of each business day. The Treasurer shall thereupon deliver to such officer a ain Cusrony or Pusnic MONEYS. 104 SECS. 5-6. receipt for the money so paid, which shall show the amount of money received, the day and hour when paid, the name of the officer paying the same, the nature of the service performed, and the name and official designa- tion of the person by whom the service was performed; and like entries shall be made upon the stub of such re- ceipt, which shall be kept by the Treasurer. The Treas- urer shall place all such moneys in a fund to be desig- nated the “ Unapportioned Fee fund,” which is hereby created, and shall keep such fund as other funds in the treasury are kept, and shall be liable on his official bond for all money so received. Sec. 5. The Auditor or other proper officer must pre- pare and deliver from time to time to the Treasurer, and to every officer authorized by law to charge any fee, com- mission, percentage, allowance, or compensation, for the performance of any official service or duty, as many of- ficial receipts as may be required, charging therewith the Treasurer or other officer receiving them. Such official receipts must be bound into books containing not less than one hundred such receipts, and numbered consecu- tively, beginning with number one in each class required for each officer for cach fiscal year, and provided with a stub corresponding in number with receipt. When the books containing receipts are exhausted by the officer receiving them, he shall return the stubs thereof to the Auditor or other proper officer, in whose custody they shall remain thereafter. Spe. 6. When a receipt as herein provided is issued by the Treasurer he must state therein the date of pay- ment, the name of the person making the payment, the 105 Custonpy or PusrLic MONEYS. perl, SECS. 7-9. amount of such payment, the nature of the service for which the charge is made, and the name and official des- ignation of the officer performing the service, and shall make corresponding entries on the stub of each receipt. See Cons. Act, (Stats. 1856, 145), sec. 91; Political Code, sec. 4146. NEC. 7. When any receipt is issued by any officer other than the Treasurer as herein provided, he shall state therein the day and hour of the delivery to him of the Treasurer's receipt, the nature of the service therein described, and the amount charged therefor, and the name of the person by whom such receipt is delivered to him, and shall make corresponding entries on the stub to which such receipt is attached. SEC. 8. On the first day of each month the Treasurer must make to the Auditor a report under oath of all moneys received by him during the preceding month, showing the date and number of the receipt on which the money was received, the amount of each payment, by whom paid, the nature of the service, and the name and official designation of the officer performing the service. At the same time, or oftener, if required by the Auditor, the Treasurer shall exhibit to the Auditor all official receipts received by him during the previous month, and all official receipts remaining in his hands, unused or not issued, at the close of business on the last day of the pre- ceding month. Political Code, sec. 4154. SEC. 9. On the first day of each month every officer authorized by law to charge any fee, commission, per- Axe I) Cusrony or PusrLic Moneys. 106 SEcs. 10-11.) centage, allowance or compensation, must make to the Auditor a report under oath of all ofticial receipts issued by him during the preceding month, showing the date and number of each receipt, to whom issued, the nature of the service for which the charge was made, and the amount of such charge; and must at the same time, or oftener, if required, exhibit to the Auditor, or other proper officer, all the Treasurer’s receipts deposited with him during the preceding month, and all receipts re- maining in his hands, unused or not issued, at the close of business on the last day of each preceding month. SEC. 10. Upon receiving the reports prescribed by sections eight and nine of this chapter, the Auditor shall examine and settle the accounts of each officer, and ap- portion such moneys to the fund or funds to which they are appropriated by law, and certify such apportion- ment to the Treasurer, who shall thereupon transfer from the “ Unapportioned I'ee I'und ” the amounts so certified, and credit each fund entitled thereto with the proper amount so apportioned. SEC. 11. Every officer who is by law allowed to charge and collect mileage for the service of process, or other like service, shall at the end of each month, pre- pare and deliver to the Auditor a statement showing each process served, the title of the cause, the name of the deputy or other subordinate officer who made the service, the number of miles actually traveled in making such service, the exact day when such service was made and between what hours of the day, and such statement shall be verified by the oath of such officer. The Auditor shall examine such statement, and issue his warrant 107 Custony or PusrLic Moneys. {Cie pi SEC. 12. upon the Treasurer for such amount of money as will reimburse such oflicer for his lawful expenses in making such service. Such warrant shall be paid by the Treas- urer, without further approval, out of the ‘ Unappor- tioned Fee I'und.” No extra mileage shall be charged or allowed for service of two or more processes served on the same trip by the same deputy or deputies, except for extra mileage actually traveled in serving addi- tional process. All mileage charged in violation of this section shall be disallowed by the Auditor, and all amounts disallowed for any reason shall be apportioned as other moneys in the “ Unapportioned fee Fund.” SEC. 12. When an officer, legally authorized to em- ploy a person other than one of his deputies or assistants at a stated compensation fixed by law, has employed such person, and in pursuance of such employment such per- son has rendered the service for which he was employed, such officer shall, at the end of each month, prepare and deliver to the Auditor a statement verified by the oath of such officer, showing the case or instance in which such service was performed, for whom performed, the name of the person so employed, by whom the service was performed, the amount of the charge therefor, the time actually employed in performing such service, and the dates of the beginning and ending of the period dur- ing which such person was so employed. The Auditor shall thereupon examine such statement, and if he finds the same correct, he shall audit and allow the verified demand of such person so employed and performing the service for the sum or sums so earned by him for such service, and the Treasurer shall pay such demand so Ee ART. III. or A A N T / oor) Justopy oF PusLic MoxEvs. 108 SEC. 13. y audited and allowed, without further approval, out of the ¢ Unapportioned I'ee I'und.” Sec. 13. The demand of the Auditor for his monthly salary shall be audited and allowed by the Mayor. All other demands on account of salaries tixed by law, ordi- nance, or this charter, and made payable out of the treasury, may be allowed by the Auditor without any previous approval. All demands payable out of the Com- mon School I'und must, before they can be allowed or paid, be previously approved by the Board of Education. Demands payable out of the treasury for salaries, wages, or compensation of deputies, clerks, assistants, or em- ployees, in any office or department, must, before they can be audited or paid, be first approved in writing by the officer, board, department or authority under whom, or in which, such demand originated. All other demands payable out of any funds in the treasury, must, before they can be allowed by the Auditor, or recognized, or paid, be first approved by the department, board or of- ficer, in which the same has originated, and in all such cases must be approved by the Supervisors. Every demand against the city and county shall, in addition to the other entries and indorsements upon the same required by this charter, show: 1. The ordinance or authorization under which the same was allowed. 2. The name of the board, department or authority au- thorizing the same. 3. The fiscal year within which the indebtedness was incurred. 4. The appropriation pro- vided to meet the demand. 5. The name of the specific fund out of which the demand is payable. Each demand shall have written or printed upon it a statement that 109 Cusrony or Pubic Moneys. ANE SEC. 14. the same can only be paid out of the income and revenue provided, collected and paid into the proper specific fund in the treasury for the fiscal year within which the indebtedness was incurred, and shall refer to chapter 11 of this article, and be numbered with reference to the fund out of which it is payable. SEC. 14. Whenever any person has, or has received, moneys or other personal property belonging to the city and county, or has been intrusted with the collection, management or disbursement of any moneys, bonds, or interest accruing therefrom, belonging to or held in trust by the city and county, and fails to render an account thereof to, and make settlement with, the Treasurer within the time prescribed by law; or, when no particu- lar time is specified, fails to render such account and make such settlement, or who fails to pay into the treas- ury any moneys belonging to the city and county upon being required to do so by the Auditor, within twenty days after such requisition, the Auditor must state an account with such person, charging twenty-five per cen- tum damages, and interest at the rate of ten per centum per annum from the time of such failure. A copy of such account in any suit therein is prima facie evidence of the things therein stated. In case the Auditor cannot for want of information state an ac- count, he may in any action brought by him aver that fact, and allege generally the amount of money or other property which is due to or which belongs to the city and county. The City Attorney must prosecute all actions that may be brought under this section within ten days after notification by the Auditor. Political Code, secs. 4156-4158. Payment or Craiums. CHAPTER IV. Payment of Claims. SECTION 1. The salaries and compensation of all of- ficers, including policemen and employees of all classes, and all teachers in the public schools, and others em- ployed at fixed wages, shall be payable monthly. Any demand upon the treasury accruing under this charter shall not be paid, but shall be forever barred by the limi- tation of time, unless the same be presented for payment, properly audited, within one month after such demand became due and payable; or, if it be a demand which must be passed and approved by the Supervisors or Board of Education, or by any other board, then within one month after the first regular meeting of the proper board held next after the demand accrued ; or, unless the Supervisors shall, within six months after the demand accrued as aforesaid, on a careful examination of the facts, resolve that the same is in all respects just and legal, and the presentation of it, as above required, was not in the power either of the original party interested or his agent, or the present holder; in which case they may by ordinance revive such claim; but it shall be barred in the same manner unless presented for payment within twenty days thereafter. No valid demand arising subsequent to the claim which may be revived as afore- said shall be rendered invalid by reason of such revival exhausting the fund out of which subsequent claims might otherwise be paid. Such revived claim shall take rank as of the day of its revival. Cons. Act, (Stats. 1856, 145), sec. 90; note to art. II, ch. II, sec. 8 of this charter. ( ART. IV. CHAP. I. SECS 1-2, ARTICLE IV. EXECUTIVE DEPARTMENT. CITAPTER I. The Mayor. SECTION 1. The chief executive officer of the city and county shall be designated the Mayor. Ie shall be an elector of the city and county at the time of his election, and must have been such for at least five years next pre- ceding such time. lle shall be elected by the people and hold office for two years. Ie shall receive an annual salary of six thousand dollars. le may appoint a sec- retary who shall receive an annual salary of twenty-four hundred dollars; an usher who shall receive an annual salary of nine hundred dollars; and a stenographer and type-writer who shall receive an annual salary of nine hundred dollars. All of said appointees shall hold their positions at the pleasure of the Mayor. The mayor.— Municipal Corporation Act, (Stats. 1883, 93). secs. 118-120. The mayor is a municipal officer. Kahn v. Sutro, 114 Cal. 316. He is a member of the Board of New City Hall Commission- ers. Act of March 24, 1876, (Stats. 1875-6, 461). Salary of : Act of May 17, 1861, (Stats. 1861, 554). Duty of as to redemption of bonds: Charter, art. ITI, ch. 11, sec. 7. SEC. 2. The Mayor shall vigilantly observe the of- ficial conduct of all public officers and the manner in which they execute their duties and fulfill their obliga- tions. The books, records and official papers of all de- é el i § i 5 i | 3 ART 1.) MAYOR. 112 SEC. 3. partments, officers and persons in the employ of the city and county shall at all times be open to his inspection and examination. He shall take special care that the books and records of all departments, boards, officers and persons are kept in legal and proper form. When any official defalcation or wilful neglect of duty or of- ficial misconduct shall come to his knowledge, he shall suspend the delinquent officer or person from office pend- ing an official investigation. The Mayor shall from time to time recommend to the proper officers of the different departments such meas- ures as he may deem beneficial to public interests. Ile shall see that the laws of the state and ordinances of the city and county are observed and enforced. He shall have a general supervision over all the departments and public institutions of the city and county, and see that they are honestly, economically and lawfully conducted, and shall have the right to attend the meetings of any of the boards provided for in this charter, and offer sug- gestions at such meetings. Ile shall take all proper measures for the preservation of public order and the suppression of all riots and tumults, for which purpose he may use and command the police force. If such police force is insufficient, he shall call upon the Gov- ernor for military aid in the manner provided by law, so that such riots or tumults may be promptly and ef- fectually suppressed. SEC. 3. The Mayor shall see that all contracts and agreements with the city and county are faithfully kept and fully performed. It shall be the duty of every of- ficer and person in the employ or service of the city and 113 MAYOR. {ART 1V, < CHAP. I. SEC. 3. county, when it shall come to his knowledge that any contract or agreement with the city and county, or with any officer or department thereof, or relating to the business of any office, has been or is about to be violated by the other contracting party, forthwith to report to the Mayor all facts and information within his posses- sion concerning such matter. A wilful failure to do so shall be cause for the removal of such officer or employee. The Mayor shall give a certificate on demand to any per- son reporting such facts and information that he has done so, and such certificate shall be evidence in exoner- ation from charge of neglect of duty. The Mayor must institute such actions or proceedings as may be necessary to revoke, cancel or annul all fran- chises that may have been granted by the city and county to any person, company or corporation which have been forfeited in whole or in part or which for any reason are illegal and void and not binding upon the city. The City Attorney on demand of the Mayor must institute and prosecute the necessary actions to enforce the pro- visions of this section. The Mayor shall have power to postpone final action on any franchise that may be passed by the Supervisors until such proposed franchise shall be ratified or re- jected by a majority of the votes cast on the question at the next election. It has been said, but not decided, that the city and county has no power to institute an action to secure a forfeiture of a fran- chise, but that that power is vested exclusively in the attorney- general. People v. Sutter Street Ry. Co., 117 Cal. 604, 612. See also In re New York ete. R. R. Co., 70 N. Y. 327. To postpone action on franchise: Charter, art. II, ch. II, sec. 7. 9 — CHARTER, Art. IV. Mayon. 114 CHAP. |. SECS. 1-6.) Sec. 4b The Mayor shall appoint all officers of the city and county whose election or appointment is not otherwise specially provided for in this charter or by law. When a vacancy occurs in any office, and provision is not otherwise made in this charter or by law for filling the same, the Mavor shall appoint a suitable person to fill such vacancy, who shali hold office for the remainder of the unexpired term. Nie. 5. The Mayor shall be president of the Board of Supervisors by virtue of his office. Te may call extra sessions of the hoard, and shall communicate to them in writing the objects for which they have heen convened and their acts at such sessions shall be confined to such objects, Charter, art. 11, ch. 1, sec. 5: Municipal Corporation Act, (Stats. 1883, 93), see. 120. SEC. 6. When and so long as the Mayor is tempo- rarvily unable to perform his duties, a member of the hoard shall be chosen president pro tempore, who shal act as such Mayor. When a vacancy occurs in the office of Mayor, it. shall be filled for the unexpired term by the Supervisors, Mayor pro tem.: Act of April 25, 1863, (Stats. 1863, 510), see. 1, subdiv. 7: Municipal Corporation Act, (Stats. 1883, 93), cee. 119. Ritrscviis Ant. IV, AUDITOR. ew i. Ske. 1. CHAPTER TI. The Auditor. NECTION 1. The head of the finance department, of the city and county shall be designated the Auditor. le shall be an elector of the city and county at the time of his election and must have heen such for at least five years next preceding such time. He shall be elected hy the people and hold office for two years. He shall receive an annual salary of four thousand dollars. The Auditor must always know the exact condition of the treasury and every demand upon it. Ie shall be in personal at- tendance at his office daily during office hours. Te shall be the general accountant of the city and county, and shall receive and preserve in his office all accounts, books, vouchers, documents and papers relating to the accounts and contracts of the city and county, its debts, revenues and other financial affairs. He shall give in- formation as to the exact condition of the treasury and of every appropriation and fund thereof, upon demand of the Mayor, the Supervisors, or any committee or mem- bers thereof, The auditor. ‘ons. Ae, (Stats. 1856, 145), sees. 8, 1, 73, 82, 87, 92, 91; Political Code, sees. 4215-4224; Charter, art. 1iL, ch, V8: Act of April 9, 158530, (Stats, 1880, 27: Bau, ed. 155): Municipal Corporation Act, (Stats. 18383, 93), see. 121. The auditor is a member of the Board of New City Hall Com- missioners. Act of March 21, 1876, (Stats. 1875-6, 161). He as also member of the Board of Election Commissioners of the City and County of San Irancisco. Act of March 18, 1878, (Stats. 1877-8, 299). He is a municipal officer. Kahn v. Sutro, 114 Cal. 316. Salary of: Act of May 17, 1861, (Stats. 1861, 554). CHAP. II. SECS. 2-3. ART. IV. | AUDITOR. 116 Election of : Net of April 2, 1866, (Stats. 1865-6, 718). Assistants of 1 Act of March 30, 1872, (Stats. 1871-2, 735), see. 1, subdiv. 20. Duty as to licenses: Act of March 30, 1872, (Stats. 1871-2, 135). Duty as to redemption of bonds: Charter, art. 111, ch. II, ny Sec, ¢. Sec. 2. The Auditor shall appoint a Deputy Auditor, who shall possess the qualifications required of the Au- ditor, and who shall receive an annual salary of twenty- four hundred dollars. The Auditor may also appoint two assistant deputies who shall each receive an annual salary of fifteen hundred dollars, and two clerks who shall each receive an annual salary of twelve hundred dollars. le may employ such number of extra clerks during the time their services may be necessary for the lawful discharge of his official duties, as the Board of Supervisors may designate. Such extra clerks shall each receive a salary not to exceed one hundred dollars a month for the time they shall be actually employed. The Auditor shall be allowed to expend not exceeding eighteen hundred dollars a year for counsel and attor- ney’s fees. Spc. 3. The Auditor shall keep an account of all moneys paid into and out of the treasury, and the Treasurer shall pay no money out of the treasury except upon demands approved by the Auditor. Any ordinance or law providing for the payment of any demand out of the treasury or any fund thereof (whether from public funds or from private funds deposited therein) shall always be construed as requiring the auditing of such demand by the Auditor before the same be paid. ~ m ART. 1V. 117 AUDITOR. Ghar i. SECS. 4-6. Sec. 4. Ile shall number and keep an official record of all demands audited by him, showing the number, date, amount, name of the original holder, on what ac- count. allowed, against what appropriation drawn, out of what fund payable, and, if previously approved or al- lowed, by what officer, department or board it has been so approved or allowed. It shall be misconduct in office for the Auditor to deliver a demand with his official ap- proval until this requirement shall have been complied with. ~ SEC. 5. The Auditor shall approve no demand un- less the same has been allowed by every officer, board, department and committee required to act thereon. Demand must be approved by the board of supervisors before it is approved by the auditor. Charter, art. 11, ch. 1, see. 19. Sec. 6. No demand shall be allowed by the Auditor in favor of any corporation or person in any manner indebted to the city and county, except for taxes not de- linquent, without first deducting the amount of any in- debtedness of which he has notice; nor in favor of any person having the collection, custody or disbursement of public funds, unless his account has been presented, passed, approved and allowed as herein required; nor in favor of any officer who has neglected to make his offi- cial returns or reports in the manner and at the time required by law, ordinance, or the regulations of the Supervisors; nor in favor of any officer who has ne- glected or refused to comply with any of the provisions of law regulating his duties, nor in favor of any officer or employee for the time he shall have absented himself without legal cause from the duties of his office during : * : ig AUDITOR. [18 Sec.7. office hours. The Auditor must always examine on oath any person receiving a salary from the city and county touching such absence. t The Auditor may require any person presenting for settlement an account or claim for any cause against the city and county to be sworn before him touching such account or claim, and when so sworn, to answer orally as to any facts relative to the justice of such account or claim. Moneys placed in the Special Deposit fund shall not be subject to the provisions of this section. An auditor can not refuse to draw a warrant because there is no money in the treasury. Babcock v. Goodrich, 47 Cal. 488. Except in cases where the hoard of supervisors have exceeded their power, the auditor can not assume to set up his judgment in opposition to theirs in respect to the issuance of a warrant. Bab- cock v. Goodrich, 47 Cal. 488; Schorn v. Williams, 110 Cal. 621; Lamberson v. Jefferds, 118 Cal. 36. The auditor is not protected by an order of the board of super- visors allowing an illegal claim. Lamberson v. Jefferds, 116 Cal. 492; Von Schmidt v. Widber, 105 Cal. 151; Merriam v. Bar- num, 116 Cal. 619; Linden v. Case, 16 Cal. 172; Foster v. Cole- man, 10 Cal. 279; Welsh v. Bramlet, 98 Cal. 219. Mandamus is the proper remedy by which to compel the auditor to draw a warrant. Babcock v. Goodrich, 47 Cal. 488. As to the auditor's certificate to contracts, see Charter, art. 111, ch. I, see. 10. SEC. 7. Livery demand upon the Treasurer, except the salary of the Auditor, must, before it can be paid, be presented to the Auditor, who shall satisfy himself whether the money is legally due, and its payment au- thorized by law, and against what appropriation payable and out of what fund it is payable. If he allow it, he shall endorse upon it the word “Allowed,” with the name 119 TREASURER. ie SEC. 1. of the fund out of which it is payable, and the date of such allowance, and sign his name thereto. No demand shall be approved, allowed, audited or paid unless it specify cach special item, date and amount composing it, and refer by chapter and section to the provisions of this charter authorizing the same. The auditor is liable on his official bond for auditing an im- proper demand. Von Schmidt v. Widber, 105 Cal. 151. Sec. 8. The Auditor shall keep a register of war- rants, showing the funds upon which they are drawn, the number, in whose favor, for what service, the ap- propriation applicable to the payment thereof, when the liability accrued, and a receipt from the person to whom the warrant is delivered. Ile shall not allow any de- mand out of its order, nor give priority to one demand over another drawn upon the same specific fund, except for the purpose of determining its legality. CHAPTER IIL The Treasurer. SECTION 1. There shall be a Treasurer of the city and county, who shall be an elector of the city and county at the time of his election and who must have been such for at least five years next preceding such time. Ile shall be elected by the people, and hold his office for two years. lle shall receive an annual salary of four thousand dollars, which shall be in full compensation for all his services. Ile may appoint a chief deputy who shall receive an annual salary of twenty-four hundred dollars, two assistant deputies who shall each receive an Cl ee Ame e— ——— er rE——— a 0 Arr In. TREASURER. 120 SEC. 2, annual salary of cighteen hundred dollars and one clerk who shall receive an annual salary of twelve hun- dred dollars. The treasurer. The treasurer is a part of the appointing power for the license collector. Act of March 30, 1872, (Stats. 1871-2, 736). He isa member of the Board of lection Commissioners for the City and County of San Francisco. Net of March 18, 1878, { Stats, 1877-8, 299), Hes a municipal officer. Kahn veo Sutro, 11 Cal, 316. Election of: Net of April 2, 1866, (Stats. 1865-6, 718). Duty of as to hospital bonds: Net of March 28, 1868, (Stats. 1867-8, 408). Duty of as to collateral inheritance tax: Net of March 23, 1893, (Stats. 18935, 193). Duty of as to salaries: Net of May 17, ISG, (Stats. 1861, bh4), sec. 4. Salary of 1 Net of May 17, 1861, (Stats. 1861, 551). Duty of as to Special Deposit Fund: Act of May 17, 1861, (Stats. 1861, hdd), see. 1. Salary of clerk of: Net of April 4, 1863, (Stats. 1863, 168), sce. 1, subdiv. 14. Duty of ax to redemption of bonds: Charter, art 111, ch. 11 sec. +. Office hours: Charter, art. XVI, see. 14, J Sec. 20 The Treasurer shall receive and safely keep all moneys which shall be paid into the treasury. lle shall not lend, exchange, use, nor deposit the same, or any part thereof, to or with any bank, banker or per- son; nor pay out any part of such moneys, nor allow the same to pass out of his personal custody, except upon demands authorized by law or this charter, and after they shall have been approved by the Auditor. At the close of business each day he shall take an account of 121 TREASURER. fake IN (Sk. 3. and enter in the proper book the exact amount of money on hand. At the end of every month he shall make and file with the Mavor and publish quarterly in the official newspaper a statement of the condition of the treasury, showing the amounts of receipts into and payments from the treasury, and on what account, and out of what fund. If he violate any of the provisions of this section, he shall be guilty of misconduct in office; and be liable to re- moval therefrom, and be proceeded against accordingly. Ie shall keep the accounts belonging to each fund separate and distinet, and shall in no case pay demands chargeable against one fund out of moneys helonging to another. Ile shall be in personal attendance at his office cach day during office hours. No fees of any Kind shall he retained by him, but the same, from whatsoever source received or derived, shall be paid by him into the treasury. The treasurer is not lable on his official bond for money taken from him by robbers, by irresistible force and violence. Healds- burg v. Mulligan, 113 Cal. 205. Ile has no authority to loan the moneys of the county, nor to deposit them ax a general deposit in a hank, although such de- posit be made hy him as an agent of the county, and not upon his individual account; and he is not excused from liability to pay over the amount of moneys so deposited by reason of the failure of the hank in which the deposits were made. People v. Wilson, 117 Cal. 242: Penal Code, see. 424, Sec. 3. For the better security of the moneys in the treasury, there shall be provided a joint custody safe in which shall be kept the moneys of the city and county. Said safe shall have two combination locks, neither one of which alone will open the safe. The Treasurer shall have the knowledge of one combination and the Auditor ArT. IV. a : > Car. IIL." TREASURER. 122 SKE. 4. ) of the other. The Auditor shall be joint custodian with the Treasurer of all funds in the joint custody safe; but shall have no control over them except to open and close the safe in conjunction with the Treasurer, when re- quested to do so in his official capacity, and shall not be held responsible on his official bond for any shortage which may occur in the treasury. The gold shall be kept in bags containing twenty thousand dollars each, and the silver in bags containing one thousand dollars each. To each bag shall be at- tached a tag showing the nature and amount of coin con- tained therein. ISach bag shall be sealed with the seal of each custodian. There shall be kept in the safe a joint custody book, showing the amount and description of all funds in the safe, and whenever any amounts are withdrawn, the Auditor and Treasurer shall make the proper entry in the joint custody book and initial the same. If on ac- count of sickness or urgent necessity the Auditor is un- avoidably absent the Deputy Auditor shall perform his duties. The estimated amount of money required daily for the payment of demands against the treasury shall be taken from the joint custody safe and kept in another safe; and the money therein-shall be balanced daily at the close of business hours. Sec. 4. The Treasurer, on receiving any money into the treasury, shall make out and sign two receipts for the money. Such receipts shall be alike, except upon the face of one of them shall appear the word * Orig inal,” and upon the face of the other shall appear the word ‘ Duplicate.” Such receipts shall be numbered 123 TREASURER. Rr Yi SECS. 5-6, and dated, and shall specify the amount, on what ac- count and from what person or officer received, and into what fund or on what account paid. The Treasurer shall enter upon the stubs of such receipts a memorandum of the contents thereof, and deliver the receipt marked *“ Original ” to the person or officer paying such money into the treasury, and forthwith deliver the receipt marked * Duplicate” to the Auditor, who shall write upon its face the date of its delivery to him, and charge the Treasurer with the amount specified therein, and file the receipt in his office. SEC. 5. No demand shall be paid by the Treasurer unless it specify each several item, date and amount composing it, and refer by title, date and section to the law, or ordinance or provision of this charter authoriz- ing the same; but the allowance or approval of the Au- ditor, or of the Supervisors, or of any department, board or officer, of any demand which is not authorized by law or this charter, and which upon its face appears not to have been expressly made payable out of the funds to be charged therewith, shall afford no warrant to the Treasurer for paying the same. If the treasurer pays a demand which is void on its face, he is liable on his official bond, although the demand has been approved by the auditor. Von Schmidt v. Widber, 105 Cal. 151. Demands must be approved by the board of supervisors before they are paid by the treasurer. Charter, art. 11, ch. I, sec. 19. Demands to contain what: Charter, art. 11, ch. 111, sec. 6. Sec. 6. Every lawful demand upon the treasury, au- dited and allowed as in this charter required, shall in all cases be paid upon presentation, if there be sufficient money in the treasury applicable to the payment of such x Tras ————— eat co ——— =~ Shih a a ES Lr” I ee i a Sins pS = S—— iid ASSESSOR. 1 24 SEC. 1. ) demand, and on payment canceled with a punch, cutting the word * Canceled 7 therein, and the proper entry thereof made. If, however, there he not sufficient money so applicable, then it shall be registered in a book kept for that purpose by the Treasurer. Such register shall show the special number given by the Supervisors or other authority, and also by the Auditor to cach demand presented, also when presented, the date, amount, name of original holder, and on what account allowed and against, what appropriation drawn and out of what spe- cific fund payable. All demands shall be paid in the order of their registration. ach demand upon being so registered shall be returned to the party presenting it, with the endorsement of the word © Registered,” and dated and signed by the Treasurer; but the registration of any demand shall not operate to recognize or make valid such demand if incurred contrary to any of the provisions of this charter. Political Code, sees. FEET, THIS. See also note to zee. 5 of this chapter, CIHHADPTIEER TV. The Assessor. SECTION 1. There shall he an Assessor of the city and county, who shall he an elector of the city and county at the time of his election and who must have heen such for at least five vears next preceding such time. le shall be elected by the people and hold office for four years. lle shall receive an annual salary of four thou- sand dollars which shall be in full compensation for all his services. He may appoint a chief deputy who shall j 25 Tax COLLECTOR. fou Iv, Sec. 1. receive an annual salary of twenty-four hundred dollars; one cashier who shall receive an annual salary of eigh- teen hundred dollars; six assistant deputies who shall cach receive an annual salary of eighteen hundred dol lars; twenty-one clerks who shall each receive an annual salary of twelve hundred dollars; and during four months of the year not more than one hundred clerks who shall each be paid at the rate of not more than one hundred dollars a month during the time of their em- ployment. The assessor. Political Code, sees 3627-3671, 3820-3831, 3839, 3862; Municipal Corporation Net, (Stat=. 1883, 03), sec. 129; Act of April 1, 1897, (Stats 1897, 452): Cons. Ad, (Stats, 1856, 145), see. ¥5. Salary of : Act of May 17, 1861, (Stats. 1861, bh). Deputies of = Net of Jan, 25, 1870, (Stats. 1869-70, 25). [lection of: Political Code, sec. 4109, [ontra assistants: Act of March 30, 1872, (Stats. 1871-2. ah), see. 1, subdav. 20, Nec. 200 The Assessor shall assess all taxable prop- erty within the city and county at the time and in the manner prescribed hy the general laws of the state. CHAPTER OV. The Tax Collector. Secerion 1 There shall be a Tax Collector of the city and county, who shall be an elector of the city and county at the time of his election and who must have heen such for at least five years next preceding such time. He shall be elected by the people and hold office for two vears. He shall receive an annual salary of four thousand dollars, which shall he in full compensation ART IV.) Tax COLLECTOR. 126 CHAP. SEC. 2. ) for all his services. He may appoint one chief deputy, who shall receive an annual salary of twenty-four hun- dred dollars; one cashier who shall receive an annual salary of twenty-four hundred dollars; fifteen deputies who shall each receive an annual salary of fifteen hun- dred dollars, and extra clerks who shall each be paid at the rate of not more than one hundred dollars a month during the time of their emplovment, but the total amount of payment for such extra clerks shall not ex- ceed thirty-six thousand dollars a year. The tax collector.— Political Code, sees. 37146-3831; Mu- nicipal Corporation Act, (Stats. 1883, 93), sce. 128; Act of April 1, 1897, (Stats. 1897, 432), sce. 149; Cons. Act, (Stats. 1856, 145), secs. 8, V7, ¥8; Act of March 27, 1868, (Stats. 1867-8, 110). [Extra assistants of: Act of March 30, 1372, (Stats. 1871-2, 33), see. 1, subdiv. 20. Salary of: Act of May 17, 1861, (Stats. 1861, 554). Election of 1 Aet of April 2, 1866, (Stats. 1865-6, 718), sec. 4. Deputies of: Net of March 25, 1868, (Stats. 1867-8, 292 The tax collector is a municipal officer. Kahn v. Sutro, 114 Cal. 316. The tax collector has no authority to submit an agreed case involving the validity of a tax to a court. Bailey v. Johnson, 121 Cal. 562. Sec. 20 The Tax Collector must collect all licenses which may at any time be required by law or ordinance to be collected within the city and county. Ile shall be charged with all taxes levied upon real and personal property within the city and county, upon the final set- tlement to be made by him according to law, or this char- ter. Ie shall pay into the treasury, without any deduc- tion for commissions, fees er charges of any kind or on — r 8 T ! [27 I'sx COLLECTOR. {ny (SECS. 3-5. any account, the full amount of all taxes, assessments and moneys received by him, and not previously paid over, including all moneys paid under protest, and money received for taxes paid more than once, and for street assessments. Ile shall also be charged with, and be debtor to the city and county for, the full amount of all taxes due upon the delinquent tax list delivered to him for collection, unless it appear to the satisfaction of the Supervisors expressed by resolution, that it was out of his power to collect the same by levy and sale of property liable to be seized and sold therefor. Sie. 3. The Tax Collector may appoint an attorney to prosecute actions for the collection of delinquent taxes, and may agree on paying him as compensation therefor a stated percentage out of the amounts recov- ered ; but such percentage shall in no case exceed fifteen per centum of the amounts recovered. Sec. 4. Ile shall examine all persons liable to pay licenses, and see that licenses are taken out and paid for. In the performance of their official duties, he and his deputies shall have the same powers as police officers in serving process and in making arrests. Ile may de- mand the exhibition of any license for the current term from any person, tirm or corporation engaged or em- ployed in the transaction of any business for which a license is required; and if such person, firm or corpora- tion shall refuse or neglect to exhibit such license, the same may be revoked forthwith by the Tax Collector. SEC. 5. The Auditor shall from time to time deliver to the Tax Collector such city and county licenses as may be required, and sign the same and charge them to 2) ART. IV. CORONER. 128 CHapr. VI. SEc. 1. ) the Tax Collector, specifying in the charge the amounts thercof named in such licenses respectively and the class of licenses, and take receipts therefor, and the Tax Collector shall sign and collect the same. The Tax (Col- lector shall once in every month, and oftener when re- quired hy the Auditor, make to the Auditor a report un- der oath of all licenses sold and on hand, and of all amounts paid to the Treasurer, and shall also in that re- card comply with the regulations which may be pre scribed by the Supervisors. At the time of making such report, the Tax Collector shall exhibit to the Auditor all licenses on hand and the Treasurer's receipts for all moneys paid into the treasury. CIHHAPTER VL The Coroner. SECTION 1. There shall be a Coroner of the city and county, who shall be an elector of the city and county at the time of his election and who must have been such for at least five years next preceding such election. Ile shall be elected by the people and hold office for two vears. lle shall receive an annual salary of four thou- sand dollars. He shall perform such duties as may be prescribed by law or ordinance. [He shall have the con- trol and management of the morgue of the city and 1 § J 2} "1 oQ . y county under such ordinances as the Supervisors may adopt. The coroner.— Political Code, sces. 4285-4290; Penal Code, cocs. 1510-1519; Act of March 14, 1895, (Stats. 1895, 52) ; Adt of March 26, 1895, (Stats. 1895, 168) ; Act of February 8, 197%, (Stats. 1871-2, 81); Act of March 30, 1874, (Stats. 1873-4, ( 2 1 ART. IV. 129 RECORDER. Hoh Vin SEC. 1. v4); Act of March 16, 1872, (Stats. 1871-2, 403); Act of March 23, 1876, (Stats. 1875-6, 397); Act of March 30, 1874, (Stats. 1873-4, 908); Act of March 23, 1893, (Stats. 1393, 190) ; Municipal Corporation Act, (Stats. 1883, 93), sec. 135; Act of April 1, 189%, (Stats. 1897, 452), secs. 142-147. Election of: Act of April 2, 1866, (Stats. 1865-6, 118), sce. 5. The coroner is a county oflicer. Kahn v. Sutro, 111 Cal. 316. Consolidated governments may provide by [recholders’ charter for the manner in which, the times at which, and terms for which the several county officers shall be elected or appointed, for their compensation, and for the number and compensation of their deputies. Cal. Con, art. X1, see. 8}. Sec. 2. Ile may appoint an autopsy physician who shall receive an annual salary of twenty-four hundred dollars; a chief deputy, who shall receive an annual sal- ary of twenty-four hundred dollars; three assistant dep- uties who shall each receive an annual salary of fifteen hundred dollars; a stenographer and typewriter who shall receive an annual salary of eighteen hundred dol- lars; and a messenger who shall receive an annual sal- ary of nine hundred dollars. CHAPTER VII. The Recorder. SECTION 1. There shall be a Recorder of the city and county, who shall be an elector of the city and county at the time of his election and who must have been such for at least five years next preceding such election. [Ile shall be elected by the people and hold office for two years. He shall receive an annual salary of thirty-six hundred dollars. He may appoint a chief deputy, who shall receive an annual salary of eighteen hundred dol- 10- CHARTER. ALIN) RECORDER. 130 SEC. 2. lars: two assistant deputies who shall cach receive an annual salary of fifteen hundred dollars. He may also appoint as many copyists as he may deem necessary, who shall receive not more than eight cents for each one hun- dred words actually written; but no copyist shall be paid a greater compensation al this rate than amounts in the aggregate to one hundred dollars a month. The recorder. Political Code, sees. 4234-4246; Municipal (forporation et, ( Stats. 1883, 93), sec, 131; Act of Apnil 1, 189%. (Stats. 1897, 452), secs. 119-131: Cons. Act, (Stats. 1850, 145), see. 8. Salary of: et of May 17, 1861, (Stats. 1861, 554). Deputies of: Act of April 4, 1863, (Stats. 1863, 168), sec. 1. subdiv. 17. The recorder is a county officer. Kahn v. Sutro, 114 "al. 316. As to the authority of the city and county over county officers, sce Cal. Con, art. X1, sec. 84. ilection of 1 Net of April 2, 1866, (Stats. 1865-6, 718). sec. 2. Duty as to outside lands: Act of March 27, 1868, (Stats. 1867-8, 410). Sec. 20 The Recorder shall take into his custody and safely keep all books, records, maps and papers depos- ited in his office. Upon demand and payment of the fees prescribed therefor by law or by ordinance, he must furnish to any one applying therefor a copy of any such book. record, map or paper, certified under the hand and seal of his office. When any papers are presented for filing or recording, he or his deputies shall write on the marein of each paper so presented the number of folios, the amount paid for recording the same, and shall num- ber consecutively all instruments and documents filed in his office. 11e shall also perform all other duties at the time and in the manner prescribed by the ceneral laws of the state. AR sm ——T J TDL v ~ 1 wr T ; 131 SuprerIOR JUDGES — CITY ATTORNEY. (3F0V. SECS 1-2; I ARTICLE V. LEGAL DEPARTMENT. CHAPTER 1. The Superior Court Judges. SECTION 1. The Judges of the Superior (Court of the city and county may appoint not to exceed tive inter- preters of foreign languages, who shall act as such in- terpreters in criminal actions and proceedings in all the courts in the city and county, and in examinations be- fore coroner's juries. Charter, art. 11, ch. 11, sce. 1, subdiv. 20. Sec. 2. The stenographers in the criminal depart- ments of the Superior Court shall each receive an annual salary not exceeding twenty-four hundred dollars which shall be in full compensation for all services including transcription and all stationery used by them. The amount of the compensation is to be fixed by the hoard of supervisors. Charter, art. 11, ch. LL, sec. 1, subdiv. 20. CHAPTER II The City Attorney. SeceTioNn 1. There shall be an attorney and coun- selor of the city and county, who shall be styled City Attorney, and who shall receive an annual salary of five thousand dollars. Ile shall be elected by the people and shall hold office for the period of two years. He must EE —— Arvid City ATTORNEY. 132 SEC. 2. J be at the time of his election an elector of the city and county and qualified to practice in all the courts of this State, and he must have been so qualified for at least ten years next preceding his election, during five years of which he must have been an actual resident of the city and county. lle shall devote his entire time and atten- tion to the duties of his office. The city attorney. Act of March 11, 1891, (Stats. 1891, 95); Municipal Corporation Act, (Stats. 1883, 93), sec. 133. The city attorney is a municipal officer. Kahn v. Sutro, 114 al. 316, Election of: Act of March 25, 1862, (Stats. 1862, 38) ; Act of April 2, 1866, (Stats. 1865-6, 718), see. 4. Salary of 1 Act of March 25, 1862, (Stats. 1862, 98). Clerks of 1 Act of March 4, 1872, (Stats. 1871-2, 232). He is a member of the Board of New City Hall Commis- sioners. Act of March 24, 1876, (Stats. 1875-6, 461). The city attorney cannot receive extra compensation for ser- vices rendered during his term of office in any «uit against the city, however important the suit, or however valuable his services mav he to the city; and to allow such extra compensation is an anconst Hutional increase of the compensation of his office during the term for which he was chosen. Buck v. [urcka, 109 Cal. 504. Ske. 2. He must prosecute and defend for the city and county all actions at law or in equity, and all special proceedings for or against the city and county; and whenever any cause of action at law or in equity or by special proceedings exists in favor of the city and county, he shall commence the same when within his knowledge, and if not within his knowledge, when directed to do so by resolution of the Supervisors. Ie shall give legal advice, in writing, to all officers, hoards and commis- sions named in this charter, when requested so to do by Ska A 133 JITY ATTORNEY. {ARE Yi I. ( SECS. 3-5. them, or either of them, in writing, upon questions aris- ing in their separate departments involving the rights or liabilities of the city and county. Ile shall not settle or dismiss any litigation for or against the city and county under his control unless upon his written recommenda- tion he is ordered to do so by the Mayor and Supervisors. Sec. 3. He shall keep on file in his office all written communications and opinions given by him to any of ficer, board or department; the briefs and transcripts used in causes wherein he appears; and bound books of record and registry of all actions or proceedings in his charge in which the city and county is interested. Sec. 4. lle shall deliver all books and records, re- ports, documents, papers, statutes, law books and prop- erty of every description in his possession, belonging to his office, or to the city and county, to his successor in office, who shall give him duplicate receipts therefor, one of which he shall file with the Auditor. SEc. 5. The City Attorney may appoint four assist ants, the first of whom shall receive an annual salary of thirty-six hundred dollars; the second an annual sal- ary of three thousand dollars; the third an annual salary of twenty-four hundred dollars,and the fourth an annual salary of eighteen hundred dollars. He may also appoint a chief clerk, who shall receive an annual salary of eighteen hundred dollars; an assistant clerk who shall receive an annual salary of nine hundred dollars; a stenographer and typewriter who shall receive an an- nual salary of nine hundred dollars; and a messenger who shall receive an annual salary of nine hundred dol- a mt a rm BE ates ARE Vou DisTrRICT ATTORNEY. 134 SEC. 1. ) lars. An officer of the Police Department shall be per- manently detailed by the Chief of Police for the pur- pose of doing the detective work necessary in preparing and prosecuting the litigation of the office, who shall continue to serve on such detail during the pleasure of the City Attorney. The assistants and the chief clerk must each, at the time of his appointment, be qualified to practice in all the courts of this state, and must have been so qualified at least two years next preceding his appointment. The assistants, clerks, typewriter and messenger shall be appointed by the City Attorney, and shall hold their offices at his pleasure, and the specific duties of each shall be prescribed by him. CHAPTER 111. The District Attorney. SECTION 1. The District Attorney shall be elected by the people and shall hold office for two years. He shall be an elector of the city and county and must at the time of his election be qualified to practice in all the courts of this state, and must have been so qualified for at least five years next preceding his election. He shall receive an annual salary of five thousand dollars. The district attorney.— Political Code, sees. 1256-4259 Municipal Corporation Act. (Stats. 1883, 13), sec. 132: Act of April 1, 1897, (Stats. 1897, 452), sees. 132-134 The district attorney iz a county oilicer. Kahn v. Sutro, 114 Cal. 316. As to the authority of the city and county over county officers, see Cal. Con., art. XI, sec. 81. Duty of as to collateral inheritance tax: Act of March 1893. (Stats. 1893. 193). 23, a 4 EL 5 1 E 2 a i 135 DistricT ATTORNEY. {ANY Vit (SEC. 2. Salary of 1 Act of May 17, 1861, (Stats. 1861, 551) © amend- ed March 28, 1872, (Stats. 1871-2, 653); Political Code, sec. 1330. Clerk of: Aet of May 17, 1861, (Stats. 1861, 554) 1 Act of April 4, 1863, (Stats. 1863, 168); Act of March 25, 187 (Stats. 1873-4, 602). Election of 1 Net of April 2, 1866, (Stats. 1865-6, 118). sec. 3 Assistants of 1 Act of March 31, 1870, (Stats. 1869-70, 528), sec. 16. To assist Coroner: (Act of March 16, 1872, (Stats. 1871-2, 403). SEC. 2. The District Attorney shall have all the powers conferred, and shall discharge all the duties im- posed upon, the District Attorneys of counties by the general laws of this state, and in addition thereto shall attend, institute and conduct on behalf of the people, all prosecutions cognizable in the Police Court of the city and county. lle shall draw all complaints and war- rants in said Police Court, prosecute all forfeited recog- nizances therein, and all actions for the recovery of fines, penalties, and forfeitures accruing to the city and county ; deliver receipts for money or property received in his official capacity, and file duplicates therefor with the County Treasurer; tile with the Auditor on the first Mondays of January, April, July and October in each vear, an itemized statement under oath showing all moneys received by him in his official capacity during the preceding three months; keep a register of his of- ficial business in which must be entered a note of every action. whether criminal or civil, prosecuted officially by him, and of the proceedings therein; and give, when re quired, without fee, advice to the Board of Police Com- missioners, the Chief of Police, the Board of Health and AETR District ATTORNEY. 136 SEC. 3. J the Coroner, upon matters relating to the duties of their respective offices. Duties.— Under the County Government Act, boards of su- pervisors have no power to employ counsel on behalf of the county to prosecute or assist in the prosecution of criminal cases prosecuted in the name of the people of the state. Modoc v. Spencer, 103 Cal. 498. So they cannot employ counsel for mere legal advice, without contemplation of any suit. Merriam v. Barnum, 116 Cal. 619. See also: Lamberson v. Jefferds, 118 Cal. 363; Merced v. Cook, 120 Cal. 275. The provision of the County Government Act, providing that all claims against the county presented by any member of the board of supervisors must, hefore allowance, be presented to the district attorney, who must indorse thereon his opinion as to the legality thereof, is valid. Solano v. McCudden, 120 Cal. 648. As to the right of the district attorney to institute legal pro- ceedings without an order of the hoard of supervisors, see Ven- tura v. Clay, 119 Cal. 213. SEc. 3. Ile may appoint seven assistant district at- _torneys to aid him in the discharge of his official duties, three of whom shall act as prosecutors in the Superior Court, and shall each receive an annual salary of thirty: six hundred dollars, and four of whom shall act as the prosecuting attorneys of the Police Court, and shall each receive an annual salary of twenty-four hundred dollars. When any of the assistants of the District Attorney acting as such prosecuting attorneys in the Police Court are not actually engaged in work connected with prose cutions therein, they shall be at the call of the District Attorney for any service connected with his department. The assistants must each, at the time of his appointment, be qualified to practice in all the courts of this state, and must have been so qualified for at least two years next 137 PuBLic ADMINISTRATOR. iv Civ. &rxc.1, preceding his appointment. The District Attorney may also appoint one chief clerk, who shall receive an annual salary of eighteen hundred dollars; one assistant clerk, who shall receive an annual salary of twelve hundred dollars: and one stenographer and typewriter who shall receive an annual salary of nine hundred dollars. SEC. 4. The District Attorney may, in the name of the city and county, bid for and purchase property at excceution sales under judgments for the recovery of fines, penalties or forfeitures accruing to the city and connty. CHAPTER IV. The Public Administrator. SECTION 1. The Public Administrator shall be elected by the people, and he shall hold office for two years. Ile shall have all the powers conferred, and shall discharge all the duties imposed upon, the public admin- istrators of counties by the general laws of this state, except as in this charter otherwise specitically provided. He shall be entitled to all such fees as may be allowed by law to the Public Administrators of the counties of the state in full compensation for all his services. Public administrator.—Code of Civil Procedure, secs. 1726-1744; Act of March 30, 1872, (Stats. 1871-2, 796) ; Muni- cipal Corporation Act, (Stats. 1883, 93), sec. 134; Act of April 1, 1897, (Stats. 1897, 452), secs. 151-152. The public administrator is a county officer. Kahn v. Sutro, 114 Cal. 316. As to the authority of the city and county over county officers, see Cal. Con., art XI, sec. 83. Election of : Act of April 2, 1866, (Stats. 1865-6, 718), sec. 1. a eae ma net oS = a —— wed i we - mr a i ART, V. ) cHar. V SECS 1-2.) (‘ounty (CLERK. 138 CHAPTER V. The County Clerk. SECTION 1. The County Clerk shall be elected by the people and shall hold office for two years. He shall have all the powers conferred, and shall discharge all the duties imposed upon, the county clerks of counties by the general laws of this state, and in addition thereto shall attend and act as Clerk of the Police Court, keep the dockets and registers thereof, and take charge of and safely keep all books, papers and records which may he filed or deposited in his office pertaining to the Police Court. lie shall receive an annual salary of four thou sand dollars. The county clerk.— Political Code, sees. 4204-4205; Muni- cipal Corporation Act, (Stats. 1883, 93), sees. 124-1206 Act of April 1, 1897, (Stats. 18397, 452), sees. 105-108. The county clerk is a county officer. Kahn v. Sutro, 114 Cal. 316. Duty of as to collateral inheritance tax: Act ol March 23, 1893, (Stats. 1893, 193). As to authority of city and county over county officers, see Cal. Con., art. X1, sec. 8%. Office hours: Cons. Act, (Stats. 1836, 143), sec. 8; Act of March 7. 1876, (Stats. 1875-6, 142). Salary of : Act of May 17, 1861, (Stats. 1861, 554). lection of : Net of April 2, 1866, (Statz. 1865-6, 18), sec. >. Duties of: Act of February 2, 1872, (Stats. 1871-2, 58). Deputies of 0 Act of February 5. 1872. (Stats. 1871-2, 76). Spe. 2. To aid him in the discharge of his official duties, the County Clerk may appoint a chief registry clerk, who shall receive an annual salary of twenty-four hundred dollars: a cashier, who shall receive an annual 139 SHERIFF. {AVA (SEC. 1. salary of eighteen hundred dollars; twelve court-room clerks for the Superior Court who shall each receive an annual salary of fifteen hundred dollars; five register clerks, who shall each receive an annual salary of eighteen hundred dollars; ten assistant register clerks, who shall each receive an annual salary of fifteen hun- dred dollars; sixteen copyists, who shall each receive an annual salary of twelve hundred dollars; and four clerks for the Police Court, who shall each receive an annual salary of fifteen hundred dollars. SEC. 3. For copies of papers furnished and certified by him, he shall charge not more than eight cents for cach one hundred words, For certifying copies, which are not prepared by him, he shall be entitled to charge twenty-five cents, and also forty cents an hour for the time exceeding one hour necessarily occupied in compar- ing such copies. He must certify all papers presented to him which are copies of any document, paper or record, or portions thereof, in his custody. CHAPTER VI. The Sheriff. SECTION 1. The Sheriff shalt be elected by the peo ple, and he shall hold office for two years. lle shall re- ecive an annual salary of eight thousand dollars, which shall Le in full: compensation for all official services re- quired of him by law; but said salary shall be exclusive of the compensation received by him from the state for the delivery of prisoners to the state prisons, and insane persons to the state asylums for the insane. He shail avy! SHERIFF. 140 SEc. 2. J have all the powers conferred, and shall discharge all the duties imposed upon, the sheriffs of counties by the general laws of this state. The sheriff.— Political Code, secs. 4175-4193; Municipal Corporation Act, (Stats. 1883, 93), sec. 130; Act of April 1, 1897, (Stats. 1897, 452), secs. 88-106. The sheriff is a county officer. Kahn v. Sutro, 114 Cal. 316. As to the authority of the city and county over county officers, see (‘al. Cons., art. XI, sec. 81. Office hours: Cons. Act, (Stats. 1856, 145), sec. 8. “ Ilisor 7: Cons. Act, (Stats. 1836, 145), sec. 9; Act of March 16, 1872, (Stats. 1871-2, 403). Salary of: Act of May 17, 1861, (Stats. 1861, 554). Deputies of : Act of May 17, 1861, (Stats. 1861, 554) ; Act of April 4, 1864, (Stats. 1863-4, 474) ; Act of March 20, 1868, (Stats. 1867-8, 220). To be officer of Justices’ Court: Act of March 206, 1866, (Stats. 1865-6, 423), secs. 8-1). Election of: Act of April 2, 1866, (Stats. 1865-6, 718), sec. D. Advertising by: Act of March 24, 1868, (Stats. 1867-8, 267). Allowed wagon, ete.: Act of March 9, 1870, (Stats. 1869-70), R21. Prior to the passage of the County Government Act, the com- mon-law rule, that a sheriff who had begun the execution of a writ must complete it, prevailed in this state, but was changed by that act. Wood v. Lowden, 117 Cal. 232. SEC. 2. He may appoint the following deputies and employees, who shall each respectively receive the fol- lowing annual salaries: One under sheriff, twenty-four hundred dollars; one attorney, eighteen hundred dol- lars: one chief bookkeeper, eighteen hundred dollars; two assistant bookkeepers, fifteen hundred dollars; ten office deputies, fifteen hundred dollars; fourteen bailiffs, iwelve hundred dollars; one chief jailer at Branch Jail mre) ™ na ART. V. 141 Justices’ CoOuRTs. | Gi. vi Sec. 1. Number One, eighteen hundred dollars; ten jailers at Branch Jail Number One, twelve hundred dollars; one superintendent of Branch Jails Numbers Two and Three, cighteen hundred dollars; sixteen guards at Branch Jail Number Two, six hundred dollars; onc matron at Branch Jail Number Three, nine hundred dol- lars; six guards at Branch Jail Number Three, six hun- dred dollars; one commissary to act for all jails, fifteen hundred dollars, one driver of van, nine hundred dol- lars; and one bookkeeper for all said branch jails, fifteen hundred dollars. SEC. 3. The Sheriff may designate the services to be performed by his deputies. CHAPTER VII. The Justices’ Courts. SECTION 1. The Justices of the Peace shall each re- ceive an annual salary of twenty-four hundred dollars, except the Presiding Justice, who shall receive an an- nual salary of twenty-seven hundred dollars. They shall appoint a chief clerk who shall hold office for two years, and receive an annual salary of twenty-four hundred dollars. The chief clerk may appoint five deputies, each of whom shall receive an annual salary of twelve hun- dred dollars. The justices’ courts.— (‘ode of Civil Procedure, secs. 85- 115, 832, 926; Act of April 1, 1897, (Stats. 1897, 452), sec. 155; County Government Act, (Stats. 1893, 346), sec. 58; Act of March 26, 1866, (Stats. 1865-6, 423). Section 1 of article VI of the Constitution vests in justices of the peace a part of the judicial power of the state, and makes ARY Von) Justices’ COURTS. 142 Sec. 1. ) them a part of the judicial department ol the state, People v. Ransom. 58 Cal. 558: Kahn v. Sutro, 114 Cal. 316. Justices of the peace are not county officers. Kahn v. Sutro. 114 Cal. 316. A law fixing the ferm of justices of the peace need not be uni- form throughout the state: but laws * regulating the jurisdic- Lion and dulies of justices of the peace ™ must be eeneral in their nature. Cal. Con., art. IV, see. 25; Kahn v. Sutro, 114 Cal. 316. Justices of the peace are judicial officers. People v. Ransom, 58 Cal. 5538: MeGrew v. San Jose, 55 Cal. 611. Section 103 of the Code ol Civil Procedure, relating to the lection of justices of the peace, ix a general and not a special law. and ix constitutional. Bailey v. Supervisors, 66 Cal. 10; Bichop v. Oakland, 58 Cal. 572: People v. Ransom, 58 (fal. 558; McGrew v. San Jose, 55 Cal. 611. The act conferring eriminal jurisdiction on justices of the peace 1s constitutional. People v. Fowler, 9 (fal. 85. Section 11 of article V1 of the Constitution provides that the Legislature “shall fix by law the powers, duties, and responsi- bilities of justices of the peace.” Under this provision a free- holders” charter cannot fix the powers, duties, or responsibilities of justices of the peace. People v. Toal. 85 Cal. 333: Milner v. Yeibenstein, 85 Cal. 393: People v. Sands, 102 Cal. 12; ix parte Reilly, 85 Cal. 632: ix parte Giambonini, 117 Cal. 573. Section $6 of the Code of Civil Procedure provides that the supervisors “shall appoint a justices” clerk, on’ the written nom- nation and recommendation of said justices, or a majority of them.” while the charter provides that the justices themselves hall make the appointment. It is thought that the provision of the code is paraniount to that of the charter, since the charter can not provide for the powers of the justices. The same may he said as to the provision of the charter that the clerk shall ap- point fice deputies, while the code provides for only three. Ax to the power of justices of the peace to hold police court, «oe Act of December 9, 1865, (Stats. 1865-6, 1). A= to the election of justices ol the peace, see Act of April 2, ISG. (Stats, 1865-6. 718). As to the power of justices of the peace in criminal cases, sce “a Act of April 2. 1870, (Stats, 1869-10, 671). ) x 1 HE AKT. V. Porice (Court. I Cie Vin. | SEC. 1, CHAPTER VIII. The Police Court. SECTION 1. There is hereby created and established in and for the City and County of San Francisco a court to be known as the Police Court of the City and County of San Francisco. Said court shall consist of four judges, who shall be elected by the people and hold office for four years. They shall each receive an annual salary of thirty-six hundred dollars. They shall be electors of the city and county at the time of their election, and must have been such for at least five years next preced- ing such time. No person shall be eligible to the office of judge of the Police Court who is not at the time of his election qualified to practice in all the courts of this state, and who has not been so qualified for at least five years next preceding his election. The court shall be divided into departments known as Department Num- ber One, Department Number Two, Department Num- ber Three, and Department Number Four. The judges of such court may hold as many sessions of the court at the same time as there are judges thereof. The judges who shall be elected at the first election under this char- ter shall so classify themselves by lot that two of them shall go out of office in two years and two of them in four vears. They shall choose from their number a presiding judge who shall serve for one year. The presiding judge shall assign the judges to their respective depart- ments; but any of the judges may preside in any of the departments in the absence or inability of the judge reg- ularly assigned thereto. ive, Vi, Porice Court. 144 The judgments, orders and proceedings of any session of the court held by any one or more of the judges shall be equally effectual as if all the judges had presided at such session. The police court.—Act of March 5, 1889, (Stats. 1889, 62); Act of February 23, 1893, (Stats. 1893, 9); Code of Civil Procedure, secs. 929-933; Act of February 13, 1872, (Stats. 1871-2, 84): Political Code, secs. 4424-4432; Act of January 27, 1864, (Stats. 1863-1, 30); Cons. Act, (Stats. 1856, 145), secs. 16-22; Act of April 18, 1857, (Stats. 1857, R09), sce. 5; Act of April 27, 1863, (Stats. 1863, 739). Jurisdiction of: Act of January 27, 1864, (Stats. 1863-4, 30) + Political Code, sec. 2544. Fines in: Act of January 27, 1864, (Stats. 1863-4, 30) ; Act of March 17, 1876, (Stats. 1875-6, 325). Clerk of : Cons. Act, (Stats. 1845, 145), sec. 19: Act of May 17. 1861, (Stats. 1861, 554). The act of March 5, 1889, (Stats. 1889, 62), was held consti- tutional in Ex parte Lloyd, 78 Cal. 421. The act of March 7, 1881, (Stats. 1881, 75), was held consti- tutional in Ix parte Jordan, 62 Cal. 464. The act of February 13, 1872, (Stats. 1871-2, 84). wax not repealed by the Political Code, as sections 4424-4432 of that code do not affect existing municipalities, such as the City and County of San Francisco. Ex parte Simpson, 47 Cal. 127. As to the authority of the charter to provide for the constitu- tion, regulation, government, and jurisdiction of police courts, see (lal. Con, art. XI, sec. 81. rior to this new section of the Constitution it was held that a freeholders’ charter could not establish an inferior court such as the police court. People v. Toal, 85 Cal. 333; Milner v. Reib- enstein, 85 Cal. 593; People v. Sands, 102 Cal. 12; Ex parte Reilly, 85 Cal. 632; Ex parte Giambonini, 117 Cal. 573. SEC. 2. The Police Court of the City and County of San Francisco shall have: First—Exclusive jurisdiction of all prosecutions for the violation of ordinances of the Board of Supervisors. 145 - vor A rye ART. V. Porice Courr. Cua VIIL SEC. 2. Second—~Concurrent jurisdiction with the Superior ™ ’ * a 3 oi % » . . Court of all other misdemeanors and of the examination of all felonies committed in the city and county. Hl Aas : * Third—Said court, or any judge thereof, shall have the same powers in all criminal actions, cases, examina- tions and proceedings as are now or may hereafter be conferred by law upon justices of the peace. Jurisdiction of police courts.—Dv section 81 of Article XI of the Constitution, frecholders™ charters are given authority to provide for the jurisdiction of police courts. The jurisdiction was formerly established by sections 4426-4427 of the Political i tls : ; Code, the provisions of which were taken from the Net of March 10, 1866, (Stats. 1865-6, 193). See also Code of Civil Procedure, sec. 121. The provisions of the charter are taken from the Net of February 23, 1893, (Stats. 1893, 9). Nubidivision 1 of this section of the charter is the same as sub- division 1 of section 2 of the act of February 23, 1893. Santa Barbara v. Stearns, 51 Cal. 499. Subdivision 2 of this section gives the police court concurrent jurisdiction with the superior court of all other misdemeanors, while subdivision 2 of section 2 of the act of 1893 limits the jurisdiction to misdemeanors = punishable by fine not exceeding one thousand dollars or hy imprisonment not exceeding one vear. or hy both fine and imprisonment.” This seems to he authorized by scetion 81 of article X1 of the Constitution, since the superior courts are only given jurisdiction in © cases of misdemeanors not otherwise provided for.” Cal. Con., art. VI, sec. 5; Code of Civil Procedure, see. 76, subdiv. 5; Ex parte Wallingford, 60 Cal. 103. The expression “examination of felonies” includes the ex- amination of misdemeanors. People v. Crespi, 115 Cal. 50. This provision is the same as subdivision 3 of section 2 of the act of 1893. Subdivision 3 of this section transfers all criminal jurisdie- tion of justices of the peace to the police court. The provision is the same as subdivision 4 of section 2 of the act of 1893. This 11—CHARTER. ART. V. PP, aw ('arpT : CHAP. vig L OLICE OURT. | 46 SEC. 5. jurisdiction is defined by section 115 of the Code of Civil Pro- cedure, and is the same as that given police courts by section 4426. subdivs. 1-2 of the Political Code. I is not clear whether or not this jurisdiction 1s intended to be exclusive in the police courts, but under the decision in In re Carrillo, 66 Cal. 3, it would seem to be concurrent. Moreover, as the charter could not create a justices” court, it could not take away the jurisdiction given to justices’ courts by the general laws, The superior courts have no jurisdiction of cases of petit larceny, or such other misdemeanors as have been committed by the Legislature to the justices” court. Fx parte Wallingford, 60 Cal. 103. So the superior court has no jurisdiction of a misdemeanor punishable by fine not exceeding five hundred dollars or im- prisonment not exceeding six months, or both, since section 115 of the Code of Civil Procedure confers such jurisdiction upon justices of the peace. Gofford v. Bush, 60 Cal. 149. It would seem that section 115 of the Code of Civil Procedure does not apply to cities having police courts established pursuant to section 4426 of the Political Code. Ex parte Carrillo, 66 Cal. 3. Police judges are magistrates. People v. Crespi, 115 Cal. 50. Spe. 3. Proceedings in said court shall be conducted in accordance with the laws of this state regulating pro- ceedings in justices’ and police courts and appeals to the Superior Court; and said court or any judge thereof shall have the same power in all criminal actions, cases and proceedings as are now or may be hereafter con- ferred by the general law of this state upon justices of the peace; provided, that: First—No case shall be dismissed or fine imposed until the testimony for the prosecution shall be taken. Second—Any defendant who neglects to file his state- ment on appeal within ten days after sentence shall lose his right to appeal, unless oood cause for the delay be shown by affidavit. Press of business on the part of de- (ART. V Crap. VIII Sec. 3. 147 Porice Court. fendant’s attorney shall not be deemed good cause for de- lay. Unless the District Attorney shall file amendments to the proposed statement on appeal within five days after the same shall have been filed and served, the pro- posed statement on appeal shall be the statement on ap- peal. The judge before whom the case was tried shall settle the statement on appeal within five days after the District Attorney shall have filed his amendments to the proposed statement. Third—Any person who shall solicit or importune any of said judges, either before or after judgment, to dis- miss a case, or mitigate a sentence, unless the same be done in open court, shall be guilty of a contempt of court. Fourth—A\ complaint may be demurred to on the ground that it does not set forth the offense charged with such particularities of time, place, person and prop- erty as to enable the defendant to understand distinctly the character of the offense complained of, and the com- plaint may be amended by permission of the court after a demurrer is sustained. Fifth—X\ defendant in custody shall have the right to be tried before a defendant on bail, and felonies shall be heard before misdemeanors. Nirth—The judges of said court shall try all cases as speedily as possible, and must refuse continuances after the first calling of a case for trial except upon aftidavit showing good cause therefor. Seventh—Other than lawfully authorized surety com- panies, no person shall be eligible to be a bondsman for any defendant on trial in the Police Court, or on appeal from a judgment therein, except he take an oath that the ART. V. . SG CG CRAY. Vin Porice Court. | 48 SEC. 4. property specified in the undertaking is in the City and County of San Francisco, and that he is worth the amount specified exclusive of property exempt from ex- ecution, and exclusive of all demands for which he may become liable hy reason of the forfeiture of any appeal or bail bonds for which he is surety. Proceedings in police courts. Act of February 23, 1893, (Stats. 1893, 9); Political Code, sees. 4430-4432 ; Penal Code, Cex. SHN-883 1 1426-1470; Code of Civil Procedure, sees. 929-933. Subdivision 1.—See Penal Code, secs. 1382-1389. Subdivision 2.—See Penal Code, sec. 1468. Subdivision 3.—Penal Code, sees. 166, 657; Code of Civil Pro- cedure, sees. 177-178, 1209-1222. This does not refer to criminal contempts: and contempts within the meaning of this section are only punishable by fine not exceeding five hundred dollars or five days’ imprisonment, or both. Code of Civil Procedure, sec. 1218. Subdivision ,—"Penal Code, secs. 1002-1012, 950-952. Amendment: Penal Code, see. 1008. Subdivision 5.—Sece Penal Code, sec. 1048. Subdivision T.—Bondsmen: Penal Code, sec. 1279. Surety companies: Code of Civil Procedure, sec. 1056. SEC. 1 The District Attorney, either in person or hy his assistants, must be present at the sessions of the court and attend to the prosecution of all cases coming before it, and make out all complaints and warrants for the arrest of persons charged with crime to be prose- cuted in said court. These duties formerly devolved upon the prosecuting attorney and his assistants. Act of February 23, 1893, (Stats. 1893, 9), sec. J. It is also made the duty of the warrant and bond clerk to draw eomplaints. Section 5 of this chapter. ! 3 3 A Srv ART. V. 149 Porice Courr. S Citar, viIL, SEC. ). As to the authority of the charter to prescribe the duties of the district attorney, sce Cal. Con., art XI, sce. 81. SEC. o. The District Attorney shall appoint a War- rant and Bond Clerk who shall receive a salary of twenty-four hundred dollars a year, and three assistant warrant and bond clerks, each of whom shall receive a salary of fifteen hundred dollars a year. No person shall be appointed a Warrant and Bond Clerk who is not at the time of his appointment qualified to practice in all the courts of this state. The Warrant and Bond Clerk shall keep his oftice open continuously night and day for the transaction of business; shall draw complaints in actions in the Police Court, and approve the same with his written signature; shall have the custody of all bail bonds and appeal bonds taken in the Police Court; shall examine the sufficiency of every bail bond and appeal bond taken in the Police Court and make a return there- on, within forty-eight hours after such bond shall have come into his possession, in the following form: , Warrant and Bond Clerk of the City and County of San I‘rancisco, have examined the within bond and find it good in law. I have examined the records of the City and County of San I'rancisco, and find the property, its owners and incumbrances herein described, to be correct according to said records. , Warrant and Bond Clerk. )” The Warrant and Bond Clerk shall endorse upon the bond the time when it was issued by him, or when it came into his possession. He may issue bail bonds and appeal bonds when the liability thereof does not exceed two thousand dollars, and order the discharge from cus- curr. cur. Porice Courr. 150 SECS. 6 f tody of the persons for whom the bonds are issued; and he may take cash bail to the extent in any one case of one thousand dollars. ITe must account for and pay to the Treasurer all moneys received as bail in the manner that the County Clerk is required by’ law to account for and pay moneys received as fees. No clerk of the Police Court shall ever take bail or order the release of any one charged with an offense. Bail bonds.— Penal Code, sees. 1268-1317. How approved: Penal Code, sec. 1269. Excessive bail shall not be required: Cal. Cons. art. 1, sec. 6; U. S. Con., Amendment 8. Appeal bonds: Penal Code, secs. 1291-1292. SEc. 6. In the matter of fixing bail and ordering the release of prisoners the Warrant and Bond Clerk shall be subject to the judges of the Police Court, and any vio- lation of a valid order of any of said judges shall be a contempt of court. Ec. 7. For any failure to keep the office of the War- rant and Bond Clerk open continuously he shall be im- mediately removed from office by the District Attorney or by the Mayor. Sge. 8. It shall be a misdemeanor for any person other than a judge of some court in the city and county, or other than said Warrant and Bond Clerk, to receive bail money for defendants or to order their dis- charge. Sec. 9. All demurrers to complaints, notices of mo- tion, statements and bills of exception on appeal to the Superior Court, must be served upon the Assistant Dis- TT ———— 151 Porice Court. te vim CHAP. SECS, 10-11. trict Attorney acting in the department of the court in which the case is set for hearing, or heard or tried. & . ius , . Service of papers.— Notice of appeal: Penal Code, secs. 1240-1241. Demurrer to be filed: Penal Code, see. 1005. Bill of exceptions: Penal Code. sce. 1171: Page v. Superior Court, XVI Cal. Dee. 111. SEC. 10. The County Clerk shall be the clerk of the Police Court, and he must be present either in person or by deputy at all the sessions of the court in the de- partments thereof ; call the daily calendar of the depart ments, and keep full and complete records of all cases in the court and the disposition made thereof by the court. Clerk.— There was formerly a separate clerk for cach depart- ment. Act of February 23, 1893, (Stats. 1893, 9), sees. 6, 10. As to authority of chart er to impose duties on county clerk, see Cal. Con., art. XI, sec. 81. SEC. 11. The police judges may appoint not more than two competent stenographers who shall attend the sessions of the courts and take notes of all preliminary examinations made at the sessions, and transcribe into type-written long hand all evidence taken by either of them where the parties charged have been held for trial, and deliver one copy of the same to the clerk and one copy to the District Attorney. Each of such stenog- raphers shall be paid for all his services, including transcription and all stationery used by him, an annual salary of twenty-four hundred dollars. Stenographer.—Act of February 23, 1893, (Stats. 1893, 9), sec. 8. Duties of : Penal Code, secs. 1060-1061, 869, 1093, subdiv. Code of Civil Procedure, sec. 269. m ry 1 ARYL. N air) Porice Court. SECs. 12-16. Paying part of fees to judge: Penal Code, sec. 94. In general: Code of Civil Procedure, secs. 268-274. Qualifications: Code of Civil Procedure, sec. 270. SEC. 12. The Mayor may in writing appoint any jus- tice of the peace to act as judge of the Police Court, or any department thereof, during the temporary absence or inability of the judge to act. Justice of the peace to act as police judge: Political Code, sec. 4428. SEC. 13. The Chief of Police shall cause to be made out and delivered to each of the clerks of the court at or before nine o'clock in the forenoon of each day a calen- dar of arrests in which the cases shall have been as- signed to the departments of the court in accordance with the rules and regulations established by the police judges. The calendar shall state “ the offense charged ;” whether the defendant is “in custody” or “on bail;” “ the amount of bail;” * whether cash or bond,” and “ the name of the arresting officer.” Sec. 14. The Chief of Police shall appoint one or more police officers to attend the sessions of the Police Court in each department thereof to preserve order and execute the orders of the court. Act of February 23, 1893, (Stats. 1893, 9), sec. 9. SEC. 15. The police judges shall adopt all necessary rules and regulations for conducting the business of the court. SEC. 16. No attorney shall appear in said court to prosecute or defend persons charged with offenses un- : ; ART. V, Liaw LLIBRARY. oR ix {Sec 1. less at the time of his appearance he be qualified to prac- tice law in all the courts of this state. Act of February 23, 1893, (Stats. 1893, 9), sec. 4. Sec. 17. The term of office of the police judges elected at the general election held in the year eighteen hundred and ninety-eight shall terminate at the hour of noon of the first Monday after the first day of Janu- ary in the year nineteen hundred, and they shall at said time be succeeded by the police judges provided for in this chapter; and all proceedings pending in said court shall be transferred to the Police Court created under this charter, and the judges elected as herein provided shall have and obtain jurisdiction of the same. See Charter, art. XI, ch. 11. CHAPTER IX. The San Francisco Law Library. SECTION 1. The Supervisors must provide, fit up and furnish, with fuel, lights, stationery, and all necessary conveniences, attendants and care, rooms convenient and accessible to the judges and officers of the courts and of the municipal government sufficient for the use and accommodation of the San Francisco Law Library, established under an act of the Legislature of this state entitled: “An act to provide for increasing the law library of the corporation known as the San francisco Law Library, and to secure the use of the same to the courts held at San I‘rancisco, the bar, the city and county government and the people of the City and ART. V. : 5 arin T.aw LIBRARY. 154 SEc. 1. County of San I'rancisco,” approved March 9th, 1870. The Supervisors must appropriate, allow, and order paid, out of the proper fund such sums as may be necessary for the purposes aforesaid ; and all sums lawfully appro- priated and expended pursuant hereto shall be paid out of the proper fund on demands duly audited, in the mode prescribed by this charter for auditing other demands upon the treasury. The County Clerk must pay monthly to the treasurer of the San I'rancisco Law Library such moneys as he shall collect under the Act referred to for the benefit of said law library. | San Francisco Law Library.—A\ct of March 9, 1870, (Stats. 1869-70, 235); Act of April 12, 1880, (Stats. 1880, 40; Ban. ed. 191). Boarp or PusrLic Works. ARTICLE VL DEPARTMENT Of PUBLIC WORKS. CHAPTER 1. The Board of Public Works. SecrioN 1. There shall be a Department of Public Works under the management of three commissioners who shall constitute the Board of Public Works, and who shall give all their time during official business hours to the duties of their office. The members of said board shall be appointed by the Mayor. Of those first appointed he shall appoint one for one year, one for two years, and one for three years. Lach year thereafter he shall appoint for three years one person as the successor of the commissioner whose term of office expires in that year. All such appointments shall be so made that not more than one member shall at any one time belong to the same political party. No person shall be eligible for appointment as such commissioner unless he is, and has been for at least five years next preceding his appoint ment, an elector of the city and county. Each of said commissioners shall receive an annual salary of four thousand dollars. SEC. 2. Of the commissioners first appointed under this charter, one shall be designated by the Mayor to serve as president for one year. All subsequent presi- dents of the board shall be elected by the members there- of for terms to be fixed by said board. The president of the board shall in each case hold office until his succes Apr Yt Boarp or PusLic Works. 156 SECS. 3-5. sor has been elected or until his membership on the board expires. Spec. 3. The board may appoint a secretary who shall receive an annual salary of eighteen hundred dol- lars. The board may employ such clerks, superintend- ents, inspectors, engineers, surveyors, deputies, archi- tects and workmen as shall be necessary to a proper dis- charge of their duties under this article, and fix their compensation; but no compensation to any of said per- sons shall be greater than is paid in the case of similar employments. SEC. 4. The board shall establish all necessary rules and regulations for its government, and for the per- formance of its duties, and for the regulation and con- duct of its officers and employees; and shall require ade- quate bonds from its officers and employees, except laborers, for the faithful performance of all their duties in such sums as may be fixed by the Supervisors. Said bonds shall be approved by the Mayor and shall be filed in the office of the Auditor. SEC. 5. The board shall hold regular meetings at least once each week at a place and time to be fixed by resolution entered on its minutes. No changes in place or time of regular meetings shall be made without a resolution passed at least two weeks before the time the change is to go into effect. Such special meetings may be held as the commissioners may deem necessary after notice of the same has been posted ten hours before the time of holding any such meeting. All meetings shall be public. No business shall be transacted at an ad- journed meeting except such as may have been under, 157 Boarp or PusrLic Works. fANnYL SECS, 6-7. or proposed for, consideration at the meeting from which the adjournment was had. No business shall be transacted at a special meeting except that which is named in the notice of said meeting. Special meetings may be called by any member of the board. In every case where a power is exercised under this article hy the board the vote thereon shall be taken by aves and noes. SEC. 6. The board shall keep and preserve a record of all its proceedings, and copies of all plans, specifica tions, reports, contracts, estimates, certificates, re- ceipts, surveys, field notes, maps, plats, profiles, and of all papers pertaining to the transactions of the board. The secretary of the board shall keep a record of all its transactions, specifying therein the names of the com- missioners present at all the meetings, and giving the aves and noes upon all votes. The secretary shall post and publish all orders, resolutions and notices as re- quired in this chapter or which the board shall order to be posted or published. Ile shall perform such other duties as may from time to time be prescribed by the hoard. SEC. 1. The board shall be the successor in office and shall have ail the powers and perform all the duties of the Superintendent of Streets, Highways and Squares, of the New City Hall Commissioners, and of the com- missions in existence at the time this charter goes into effect for the opening, extending, widening, narrowing, straightening, closing or changing the grades of streets in the city and county. Duties of superintendent of streets.—As to the laying out, opening, ete., of streets: Act of March 6, 1889, (Stats. 1889, 70) 1 Act of March 23, 1893, (Stats. 1893, 220). AL Boarp or Pusric Works. 158 SECs. 8-9. As to work upon streets: Act ol March 18, 1885, (Stats. 1885, 147). As to the planting, ete., of shade trees upon streets: Act of March 11, 1893, (Stats. 1893, 153). As to repair of roads: Act ol April 1, 1872, (Stats. 1871-2, 901). New City Hall Commissioners. \ct of March 24, 1876, (Stats. 1875-6, 461). Commissioners for opening, etc., of streets.—Act of ) March 6. 1889. (Stats. 1889, 70) : Act of March 23, 1893, (Stats. 1893, 220). SEC. 8. The board shall immediately after its organ- ization take possession and have the custody and control of all maps, plats, surveys, field notes, records, plans, specifications, reports, contracts, models, machinery, in- struments, tools, appliances, contract rights, privileges, books, documents and archives and other property be- longing to the city and county, or which may be of value and importance to the city and county, and heretofore kept by or in the ofiices of the (ity and County Sur- veyor, the Superintendent of Public Streets, Highways and Squares, the Board of New City Hall Commission- ers, and all commissions in existence at the time this charter goes into effect for the opening, extending, wid- ening, narrowing, straightening, closing or changing the grades of streets, and all other business and works pertaining to any of said offices or commissions. Spc. 9. The Board of Public Works shall have charge, superintendence and control, under such ordi- nances as may from time to time be adopted by the Su- pervisors: 159 Boarp or PusLic Works. {aur VL SEC. 9. 1. Of all public ways, streets, avenues, lanes, alleys, places, courts, roads, highways and boulevards now opened or which may hereafter be opened in the city and county : of the manner of their use; and of all work done upon, over or under the same; and herein particularly the board shall have exclusive authority to prescribe rules and grant permits, in conformity with the ordi- nances of the Supervisors, for the moving of buildings through the streets thereof, and the building or placing of cellars or vaults under the streets or sidewalks, and of temporary fences enclosing areas upon the sidewalks; the laying down and construction of railroad tracks in the streets; the erection of telegraph and telephone poles, and poles for electric lighting, and the laying un- der the surface of the streets or sidewalks of telegraph or telephone wires, and wires for electric lighting and power; the construction of drains and sewers; the lay- ing down and taking up of gas, steam and water pipes, pneumatic or other tubes or pipes, and sewers and drains, and determining the location thereof; the using of the street or any portion thereof for the deposit of building material in front of a building during its con- struction or repair, or for any purpose other than such as ordinarily and properly belongs to the public from the dedication thereof to public use; and without such permission in writing from said board no person shall do any of the acts in this section enumerated ; but noth- ing in this section shall be so construed as to give said board the power to grant permits for or allow the per- manent encroachment upon any sidewalk of any struc- ture; 2. Of all sewers, drains and cesspools, and of the ee ———— A —— — BE — axe.) Boarp or PusrLic WOoRks. 160 SEC. 9. work pertaining thereto or to the drainage of the city and county; 3. Of the cleaning and sprinkling of all publie streets, avenues, alleys, places, courts, roads, highways and boulevards, and the lighting of the same and the lighting of the parks, squares and other public places and public buildings; 1. Of the cleaning of all the public buildings of the city and county and of the appointment of such janitors and employees as are needed for such purpose; 5. Of the supervision of any and all building con- struction in the city and county; 6. Of the construction of any and all public build- ings and structures, under plans duly approved by the various departments, including all school houses and firc-department buildings, and the repair and mainte nance of any and all buildings and structures owned by the city and county; 7. Of any and all wires and conduits, the collection and disposal of street refuse, garbage and sewage, and the designing, construction and maintenance of the sew- erage and drainage systems of the city and county; L Of any and all public utilities owned, controlled or operated by the city and county, or which may here- after be so owned, controlled or operated. 9. When at any time any person, company or cor poration desires to have opened or torn up the roadway of any street, lane, alley, place or court in the city and county for any purpose, a written application shall be made to the Board of Public Works for permission to do <0. The board shall thereupon make an estimate of the ie 161 Boarp or PusLic Works. fant. VIL < CHAP. I. (SEC. 9. expense of opening or tearing up such street, lane, alley, place or court and of restoring the same to as good a condition as it was in before said opening or tearing up. Such person, company or corporation must thereupon deposit the amount of such estimate with the Board of Public Works which shall thereupon pay the same into the General fund. The board shall thereupon proceed to open or tear up said street, lane, alley, place or court as in said applica- tion requested, and shall at the proper time restore such street, lane, alley, place or court to as good a condition as it was in before said opening or tearing up. Con- tracts for the doing of such work by the hoard may be let by it in the manner provided in this chapter, or the work may, at the option of the board, he done by davs’ labor. If the expense of such work has been more than the aforesaid estimate, the person, company or corporation shall be indebted to the city and county for such bal- ance; and the same shall constitute a lien upon the prop- erty of such person, company or corporation. Said lien shall remain in force until such balance has been paid, or until the lien shall be legally discharged. Said lien may be enforced by suit brought by the city and county in accordance with the provisions of the Code of Civil Procedure of the State of California. If the expense of such work has been less than the aforesaid estimate, then the surplus shall constitute a claim in favor of such person, company or corporation, against the city and county, and as such shall be presented, approved and paid as other claims. 12—CHARTER. apr 1 Boarp or PusrLic WORKS. 162 SECs. 10-11.) Src. 10. All examinations, plans and estimates re- quired by the Supervisors in connection with any public improvements or utilities, shall be made by the Board of I'uhlic Works and it shall, when requested to do so, fur- nish information and data for the use of the Supervis- Ors. Spe. 11. Said board shall appoint a civil engineer of not less than five years’ practical experience as such, who shall be designated the City Engineer. Ile shall hold his office at the pleasure of the board. [Te shall perform all the civil engineering and sur- veying required in the prosecution of the public works and improvements done under the direction and super- vision of said board, and shall certify to the progress and completion of the same, and do such other survey- ine or other work as he may be directed to do by said board or by the Supervisors. He shall possess the same power in the city and county in making surveys, plats and certificates as is or may from time to time be given by law to city engineers and to county surveyors, and his official acts and all plats, surveys and certificates made by him shall have the same validity and be of the same force and effect as are or may be given by law to those of city engineers and county surveyors. No street as- sessment shall be valid without his certificate as to the quantities and unless it be to the effect that the work has been done to the official lines, elevations and orades. Civil engineer.—A\s to the power of county surveyor, sce: Political Code, sees. 3145, 36:34, 3970, 1268-42751 Act of April 1, 1897, (Stats. 1897, 452), sees. 135-141: Act of March 13, 1883, (Stats. 1883, 93), sec. 137. Certificate as to street work: O'Connor v. Hooper, 102 Cal. 5928: Stockton v. Skinner, 53 Cal. 85. 163 Boarp or Pubic Works. (Aur. VI. \ AP... (SECs. 12-14, Phe certificate can not be made by a mere clerk of the 3 a Wa ), a r T ” : engineer. Rauer v. Lowe, 107 Cal. 229; Warren v. Ferguson 3 ‘ . $ N 5 108 (al. 535, | q ra . . , . . Certificate prima facie evidence: note to see. 15 of ch. 11 of this article. ba) Ax to the recording of the certificate, see: Charter, art. V1 ch. T1., zee. 12. SEC. 12. He shall serve the board exclusively and shall not be engaged in any other business while he is in its service. ile shall receive no compensation except his salary. The board shall by resolution establish fees and charges for the services to be performed by the City [Engineer for persons, companies and corporations, and may from time to time change and adjust the same. Said engineer shall require such fees or charges to be paid in advance for any official act or service demanded of him, and such moneys thus paid shall be paid to the Treasurer and credited by him to such fund or funds as said board may direct. SEC. 13. The ard s SEC. 13. The board shall appoint the necessary heads of departments its ; ¢ partments under its charge. Each such head shall have the sole executive control in his own depart- ment, subject to the rules and regulations prescribed by the board. | Nii 14. All public work authorized by the Super- visors to be done under the supervision of the Board of Publi¢c Works shall, unless otherwise determined by the Board of Public Works, be done under written contract, except in case of urgent necessity as hereinafter pro- vided ; and except as otherwise specifically provided in this charter, the following proceedings shall be taken in pr py a md Boarp or Pusric WORKS. 1 64 SEC. 15. by said Before the award of any contract for doing any the board shall cause hoard. work authorized by this article, notice to be posted conspicuously in its office for not less than five days, and pu ed proposals for the work contemplated; except, improvement, not blished for the same time, inviting Se however, that when any repairs or exceedine an estimated cost of five hundred dollars, «hall he deemed of urgent necessity by the hoard, such may be made by the board un- repairs or improvement without advertising der written contract or otherwise, for sealed proposals. An order of the board Resolution inviting proposals. als is sufficient, al- authorizing the clerk to advertise for propos honeh it does not mention sealed proposals, nor specily the time [immelman v. Byrne, 41 Cal. 500. and place of giving notice. s¢ for proposals resolution authorizing the cierx to advertl A notices in the office of the superm- i sullicient authority to post Shepard v. Colton, 44 (al. 628. { an order authorizing the clerk to ad- Meuser v. Risdon, 36 Cal. 239; Don- tendent ol streets. Ax to the necessity o vertise for proposals, SCO: neliv v. Tillman, 47 Cal. 40; Donnelly v. Marks, 47 Cal. 187. Sec. 15. Said advertisement and notice shall invite sealed proposals to be delivered at a certain day and hour at the office of the board for furnishing the mate- rials for the proposed work, or for doing said work, or for both, as may be deemed best by the board, and shall contain a general description of the work to be done, the materials to be furnished, the time within which the work is to be commenced, and when to be completed, and the amount of bond to be given for the faithful perform- ance of the contract, and shall refer to plans and specl- & iF ¥ 4 rem m—— 2A ) v 165 Boarp or PusLic Works. {Arr V1 CHAP. I. (SEC. 16, fications on file in the office of the board for full details and description of said work and materials. Notices for sealed proposals.— I'he erroncous use of the word “regraded.” instead of “graded,” in the notice inviting sealed proposals, does not vitiate the notice. Brady v. Feisel, 533 Cal. 49, As to the time for which the notice must be posted, sce: Brooks v. Satterlee, 19 Cal. 289: Himmelmann v. Cahn, 49 Cal. 285; Alameda Macadamizing Co. v. Hull, 57 Cal. 331; Hewes v. Reis, 40 Cal. 255; see. 26, ch. 11, of this article. [f the notice 1s not posted for the required time, all the sub- sequent proceedings are void. Hewes v. Reis, 40 Cal, 255. The notices must refer to the diagram and specifications of the proposed work. Stockton v. Clark, 33 Cal. 82; Stockton v. Skinner, 53 Cal. 85. SEC. 16. All proposals shall be made upon printed forms to be prepared by the board, and furnished gratui- tously upon application, with a form for the affidavit hereinafter provided for printing thereon. ach bid shall have thereon the aftidavit of the bidder that such bid is genuine, and not collusive or sham; that he has not colluded, conspired, connived or agreed, directly or indirectly, with any other bidder or person to put in a sham bid, or that such other person shall refrain from bidding; and has not in any manner sought by collusion to secure any advantage against the city and county, or any person interested in said improvement, for himself or any other person. All bids shall be clearly and dis- tinctly written, without any erasure or interlineation, and if any bid shall have an erasure or interlineation it shall not be received or considered by the board. Any contract made in violation of any of the foregoing pro- visions, and in the case of improvement of streets, any De ———— rn ———e Art. VI.) Boarp or Pubic WORKS. 166 CHAP. SEC. 17. ) assessment for the work done under such contract, shall be absolutely void. All proposals offered shall be accompanied by a check, certified by a responsible bank, payable to the or- der of the Clerk of the Supervisors, for an amount not less than ten per centum of the aggregate of the proposal, and no proposal shall be considered unless accompanied by such check. No person, corporation or firm shall be allowed to make, file, or be interested in, more than one bid for the same work. If on the opening of said bids more than one bid appear in which the same person, corpo ation or firm is interested, all such bids shall be rejected. Bids. I an ordinance requires that bidders shall hid on each block separately, a bid to grade the entire street at so much per cubic vard is an error which cnables the owner to defeat the collection of the assessment. Stockton v. Creanor, 45 Cal. 643. Where the bidder has made a private contract with some of the owners of the land to be assessed to do the work at a specified rate in dieu of the rate to be awarded in the contract, he 1s guilty of fraud upon the other owners, and the assessment 1s void. Brady v. Bartlett, 56 Cal. 350. A contract let without competitive bidding is absolutely void. Santa Cruz RP. Co. v. Broderick, 113 Cal. 625. Objections to the bids must be made by appeal to the super- visors. Nolan v. Reese, 32 Cal. 484; Himmelmann v. Hoadley, 44 (Cal. 213. A bid which is clearly coliusive and fraudulent nay be re- jected. Rice v. Haywards, 107 Cal. 398, SEC. 17. On the day and at the hour specified in said notice inviting sealed proposals the board shall assem- ble and remain in session for at least one hour, and all bids shall be delivered to the board while it is so in ses- sion, and within the hour named in the advertisement. 167 Boarp or Pusric Works. {ar M1 (Ske. 17 No hid not so delivered to the board shall be considered. Sach bid as it shall be received shall be numbered and marked © Filed 7 by the president and authenticated by his signature. At the expiration of the hour stated in the advertisement within which the bids will be received, the hoard shall, in open session, open, examine and pub- licly declare the same, and an abstract of each bid shall be recorded in (he minutes of the board by the secretary. Before adjourning, the board shall compare the bids with the record made by the secretary, and shall there- upon, at said time, or at such other time, not exceeding twenty days thereafter, asx the board may adjourn to, award the contract to the lowest bidder, except as other wise herein provided. Notice of such award shall forth- with be posted for five days by the secretary of the board in some conspicuous place in the office of the hoard, and be published for the same period of time. The board may reject any and all bids, and must re- ject the bid of any party who has been delinquent or un- faithful in any former contract with the city and county, and all bids other than the lowest regular bid; and on accepting said lowest bid, shall thereupon return to the proper parties the checks corresponding to the bids so rejected. If all the bids are rejected, the hoard shall re- turn all the checks to the proper parties and again invite sealed proposals as in the first instance. The check accompanying the accepted bid shall be held by the secretary of the board until the contract for doing said work, as hereinafter provided, has been en- tered into, whereupon said certified check shall be re- turned to said bidder. If said bidder fails or refuses to enter into the con- ee ently Boarp or PusLic Works. 1638 tract to do said work, as hereinafter provided, then the certitied check accompanying his bid, and the amount therein mentioned, shall be forfeited to the city and county, and shall be collected and paid into the General I'und. Neither the Board of Public Works nor the Su- pervisors shall have power to relieve from or remit such forfeiture. The award.—-\ committee of the hoard cannot award the contract. Stockton v. Creanor, 45 Cal. 643. if the board does not make an order for the publication of the award of the contract, all the proceedings subsequent to the award are void. Reis v. Grail, 51 Cai. 86; Donnelly v. Marks, 47 Cal. 187: Donnelly v. Tillman, 47 Cal. 40; Shepard v. Colton, 44 Cal. 628: Himmelmann v. Townsend, 49 Cal. 150; Himmel- mann v. Satterlee, 19 Cal. 38%. As to the form of the resolution of award, sce Dougherty v. Hitcheock, 35 Cal. 512. The clerk of the board cannot publish the notice of the award without an order of the board. Himmelmann v. Satterlee, 49 Cal. 387; Donnelly v. Tillman, 47 Cal. 40; Donnelly v. Marks, 47 Cal. 18%. As to approval by the mayor, sce McDonald v. Dodge, 97 Cal. 112. If the bids are opened before the time stated in the notice, the award is void. Perine C. & P. Co. v. Quackenbush, 104 Cal. 634. Separate contracts cannot be awarded for a single improve- ment. 'I'reanor v. Houghton, 103 Cal. 53. As to the right to reject all bids, see Girvin v. Simon, 116 Cal. 604. Certified check.— The provision that the certified check shall be declared forfeited if the successful bidder fails to enter into the contract, contemplates a forfeiture for failure to enter into a contract based upon valid legal proceedings; and when the proceedings are illegal, the promise of the contractor is a naked offer without consideration, and he is not estopped or 169 Boarp or PusLic Works. {ai < CHAP. 1. (SECs. 18-19. bound thereby, and a deposit of money accompanying such promise is recoverable at law. Perine C. & P. Co. v. Pasadena, 116 Cal. 6. Sec. 18. If at any time it shall be found that the per- son to whom a contract has been awarded has, in pre- senting any bid or bids, colludéd with any other party or parties, for the purpose of preventing any other bid being made, then the contract so awarded shall be null and void, and the board shall advertise for a new con- tract for said work. Fraud of contractor.—.\ hid which is clearly collusive and fraudulent may be rejected. Rice v. Havwards, 107 Cal. 398. As to [rand of contractor in general, see see. 16 of this chapter and sec. 6 of ch. 11 of this article. Sec. 19. In the case of improvement of streets, the owners of the major part of the frontage of lots and lands upon the street whereon the work is to be done, or which are liable to be assessed for said work, or, in the case of an assessment district, the owners of a major part of the superficial area embraced in such district, or their agents, shall not be required to present sealed pro- posals, but may, upon making oath that they are such owners, or the agents of such owners, within ten days after the first posting of notice of said award, elect to take said work and enter into a written contract to do the whole work at the price at which the same has been awarded. Should such owners not enter into a written contract therefor within said ten days, or should they enter into such contract and fail to commence the work within the time stated therein, which time shall not be less than ten nor more than twenty days from the time Art. VI.) CHAP. |. SEC. 20. J Boarp of Pusric WORKS. [70 of the execution of such contract, the board shall enter into a contract with the original bidder to whom the contract was awarded at the price specified in his bid. If the original bidder shall fail or refuse for fifteen days after the first posting of notice of the award to enter into the contract, the board shall again advertise for propos- als as in the first instance. Contract by owners.— I'he owners of the major part of the frontage,” in cases where a small street terminates in a principal street, means the owners of the major part of the frontage on the principal street. Cochran v. Collins, 29 Cal. 129. When the superintendent of streets has entered into a contract with the owners. he cannot be compelled by mandamus to enter into a contract for the work with the contractor to whom the contract was awarded. Fairchild v. Wall, 93 Cal. 401. [1 one of the owners has a seeret agreement with the con- tractor that he shall not be liable for his share of the expense, it is a fraud upon the other owners. Rauer v. Fay, 110 Cal. 361. If the owners assien the contract, they are estopped to deny its validity. Callender v. Patterson, 66 Cal. 356. As to the Torm of the contract by the owners, see O'Connor v. Hooper, 102 Cal. 528. As to when the owners may enter into the contract, see San Francisco v. Buckman, 111 Cal. 25. Until the expiration of the period within which the owners arc allowed to enter into a contract, the superintendent cannot enter info a contract, and a contract entered into with him prior to the expiration of that time is invalid. California Imp. Co. v. Quinchard, 119 ("al. 87. If the owners or contractor who may have SEC. 20. entered into any contract do not complete the same within the time limited in the contract, or within such further time as is hereinafter provided, the board may relet the unfinished portion of said work in accordance ip » a 171 Boarp or Pubic Works. {au5 V1. (Ske. 21. with the provisions in this chapter prescribed for the let- ting of the whole. Re-letting contract. (Contracts may be re-let if the con- tractor does not perform the work within the time required by the contract. Dougherty v. Foley, 32 Cal. 402; Himmelman v. Oliver, 34 Cal. 246. The fact that the second contract is let to the same contractor does not invalidate it. Spaulding v. North S. FF. IL. & R. R. Ass'n, 87 Cal. 40. The sanie course must be pursued in re-letting the contract, which is preseribed for letting the contract in the first mstance. Mcuser v. Risdon, 36 Cal. 239. The steps necessary to obtain jurisdiction need not be re- peated. Himmelman v. Oliver, 34 Cal. 246. As to the time of performance, see note to sec. 21 of this chapter. Sec. 21. All contracts shall be drawn under the su- pervision of the City Attorney, and shall contain de- tailed specifications of the work to be done, the manner in which it shall be executed, and the quality of the ma- terial to be used. Every contract entered into by the board shall be signed by all the members thereof and by the other con- tracting party. All contracts shall be signed in tripli- cate, one of which, with the specifications and drawings, if any, of the work to be done, and the materials to be furnished, shall be filed with the Clerk of the Supervis- ors; one thereof, with said specifications and drawings, shall be kept in the office of the board, and the other with said specifications and drawings shall be delivered to the contractor. At the same time with the execution of the contract the contractor shall execute to the city and county and rer rye rr —— . ANT VE Boarp or PusrLic Works. 172 Skc. 21. ) deliver to the secretary of the board a bond in the sum named in the notice for proposals, with two or more suf- ficient sureties to be approved by the board, or shall de- posit with the secretary a certified check upon some sol- vent bank for said amount, for the faithful performance of the contract. No surety on any bond, other than law- fully authorized surety companies, shall be taken unless he shall be a payer of taxes on real property, the assessed value of which, over and above all incumbrances, is equal in amount to his liabilities on all bonds on which he may be security to the city and county; and each surety shall justify and make an affidavit (for which a form shall be printed upon said bond), signed by him, that he is assessed upon the last assessment book of the city and county in his own name for real property in an amount greater than his liability on all bonds on which he is surety to the city and county, and that the taxes on such property so assessed are not delinquent. The contract shall specify the time within which the work shall be commenced, and when to be completed, as was specified in the notice inviting proposals therefor. Upon the recommendation of the board, the Supervisors may extend said time; but in no event shall the time for the performance of said contract be extended by the Su- pervisors more than ninety days beyond the time orig: inally fixed for its completion; but, on the unanimous recommendation of the Board of Public Works, a fur ther extension may be granted by vote of fourteen mem: bers of the Board of Supervisors. In case of failure on the part of the contractor to complete his contract with: in the time fixed in the contract, or within such exten: sion of said time as is herein provided, his contract shall | | } I L735 Boarp or Pusric Works. Fos Ske. 21. be void, and the Supervisors shall not pay or allow to him any compensation for any work done by him under said contract: and, in the case of the improvement of streets, no assessment shall be made for the work done under said contract. The contract.— I'he contract need not follow the precise language of the statute. Taylor v. Palmer, 31 Cal. 240; Emery v. San Francisco Gas Co., 38 Cal. 315, 377. The superintendent of streets in entering into the contract acts as the agent of the city. Chambers v. Satterlee, 40 Cal. 497; Drew v. Smith, 38 Cal. 325. 11 the contract is entered into before the expiration of the time for publishing the notice of the award, it is void. Burke v. Turney, 54 Cal. 486; Manning v. Den, 90 Cal. 610. The contract must be entered into within the time fixed by the statute. Libbey v. Elsworth, 97 Cal. 316; Perine v. Forbush, 97 Cal. 305; Diggins v. Hartshorne, 108 Cal. 154. A provision in the contract that the contractor shall give a bond conditioned “for keeping the streets so improved in thorough repair for the term of five years from the completion of the contract,” vitiates the assessment. Brown v. Jenks, 98 Cal. 10. So a provision making the contract payable in gold coin is void, but it does not invalidate the contract. Perine C. & I. Co. v. Quackenbush, 104 (al. 684. A provision purporting to relieve the superintendent of streets and his sureties for any delinquency on his part is void, but does not invalidate the contract. MeDonald v. Mezes, 107 Cal. 492; Rauer v. Lowe. 107 Cal. 229. A provision that there shall be no assessment on adjoining property for improving the part of the street occupied by a street railroad, will not invalidate the contract. Perine v. Forbush, 97 Cal. 305. A contract to lay a patent pavement is void, since it precludes all persons other than the owner of the patent from bidding. Nicolson P. Clo. v. Fay, 35 (fal. 695; Nicolson P. Co. v. Painter, 2 ! v ‘ 7 Ct apn vi Boarp or Pusric WORKs, Sec. 21 J 35 Cal. G99: Dunne v. Altschul, 57 Cal. 472. But see Perine C. & PP. Co. v. Quackenbush, 104 Cal. 684. The contract must be in writing, signed by the contractor. Schwiesau v. Mahon, 110 Cal. 543; Dougherty v. Hitchcock, 35 Cal 512, Specifications. The specifications are part of the contract. Tavior v. Palmer, 31 Cal. 240; Emery v. San Francisco Gas Co., 28 Cal. 345. [I the specifications require work not mentioned in the resolu- Lion of intention, it does not vitiate the assessment if such addi- tional work i= not mentioned in the contract, and it does not appear that it was done, or that any charge was made for it. Oakland P. Co. v. Rier, 52 Cal. 270. Ll the contract does not define the work to be done, nor refer to any specifications, it is void. Schwiesau v. Mahon, 110 Cal. od. As to the sufficiency of specifications, see King v. Lamb, 117 Cal. 401, The plans and specifications are not part of the resolution of intention. Fitzhugh v. Ashworth, 119 Cal. 393. Variation between contract and award or resolution. If the contract does not follow the award, it ix void, and the assesment cannot be enforced. Broek v. Luning, 89 Cal. 316; Dougherty v. Hiteheock, 35 Cal. 512; Perine v. Forbush, 97 Cal 505. So. il the contract does not follow the resolution of intention, it is void. Imery v. San Francisco Gas Co. 28 Cal. 345; deandry ve Valdez, 32 Cal. 269; Himmelmann v. Satterlee, 50 Cal. 63: Stockton v. Creanor, 45 Cal. 643; Stockton v. Whit- more, 50 Cal. 554: Partridge v. Lucas, 99 Cal. 519; Chambers v. Satterlee, 40 Cal. 497: People v. Clark, 47 Cal. 456; Warren v. Chandos, 115 Cal. 382; Nicolson P. Co. v. Fay, 35 Cal. 695; Dorland v. Bergson, 8 Cal. 637. Thus, under a resolution to macadamize, a contract can not be let for both macadamizine and curbing. Beaudry v. Valdez, 32 Cal. 269. So under a resolution to macadamize and curb, a contract can (ART. VI, J CHAP. 1. {Sie 21, L7H Boarp or Pusric Works. not be let for work upon the sidewalks. Himmelhnann v. Satter- lee, HO Cal. 68. Under a resolution to improve a street or part of a street, a contract can not be let to improve only a portion of the street cibraced mm the resolution. Stockton v. Whitmore, H0 Cal. 554. But sce Emery v. San Francisco Gas Co., 38 Cal. 345. { nder a resolution to macadamize, a contract can not be let for rock gutterways. Partridge v. Lucas, 99 Cal. 519. [f, however, the contract is divisible in its nature, it will be cood to the extent that it is authorized by the resolution. Chambers v. Satterlee, 40 Cal. 497: Beaudry v. Valdez, 32 Cal. 269; Himmelhmann v. Satterlee, 50 Cal. 65; MeDonald v. Mezes, LOT Cal. 492; Dyer v. Scalmanini, 69 Cal. 637. [f the contract calls for less work than the resolution of inten- tion, 1t is void. Himmelmann v. Satterlee, 50 Cal. 68; Nicolson P. Co. v. Fay, 35 Cal. 695: Dorland v. Bergson, 78 Cal. 637; Stockton v. Creanor, 45 Cal. 613; Partridee v. Lucas, 99 Cal. 519. Owner as party to contract. I'he owner is not a party to a contract made by the superintendent of streets with the Barstow, 50 Cal. 652: Hancock v. Whitte- 75; Heft v. contractor. Dver Vi. more, H0 Cal. 52 Pavne, 97 (fal. 108. Fimery vo Bradford, 29 Cal. Recording contract.— The failure of the superintendent of streets to record the contract does not affect the rights of the contractor. Wells vi. Woed, 114 (al. 255. Assignability of contract.——\ contract to perform work on streets is assignable. Tavlor v. Palmer, 31 Cal. 240; Ander- son v. De Urioste, 96 Cal. 401; Wetmore vo San Francisco, 41 Cal. 294; Bernstein v. Downs, 112 Cal. 197: McVerry v. Boyd, 89 Cal. 301. Where the property owner has taken the contract to do street work, and then assigned it, he is estopped from denying its validity. Callender v. Patterson, G6 Cal. 356. In cuch a case the owner may be sued by the assignee. Hen- drick v. Crowley, 31 Cal. 471. ART YA Boarp or Pubic Works. 176 SEC. 21.) The contract may be assigned without the consent of the officers of the municipality. Anderson v. De Urioste, 9 Cal. 101 . The assionee takes the contract cum onere. Rauer v. Fay, 110 (al. 361. A debt due the owner from the original contractor cannot be : . . : Sa AY 0) st off acainst the assignee. Himmelmann v. Reay, 38 Cal. 163. Ax to the assionability of the assessment, see see. 15, ¢h. 11 of this article. S Performance. I'he fact that the employees of the con- tractor worked ten hours a dav, when the contract provided that cieht hours should be a legal day's work, is immaterial. Wil- liam v. Savings & Loan Soc, 97 Cal. 122. Time of performance.—'Fhe times within which the work i< 10 be commenced and completed must be stated in the contract, or the contract will be invalid. Libbey v. Elsworth, 97 Cal. 316; Dougherty v. Foley, 32 Cal. 102; Brady v. Page, 59 Cal. 52; Perine v. Forbush, 97 Cal. 305: Mappa v. Los Angeles, 61 Cal. 309: Palmer vv. Burnham, 120 Cal. 364; Washburn v. Lyons, a7 Cal. 314. As to how and when the time is fixed, sce Buckman v. Fergu- on, 108 Cal. 33. As to the sufficiency of statement of time, see: Rauer v. Lowe, 107 (al. 229: McDonald v. Mezes, 107 Cal. 492. The failure of the contractor to complete the work is not excused by the neglect of the city to furnish implements for the work as provided in the contract. eft v. Payne, 97 Cal. 108. Nor by the fact that the owners have expressly waived all ob- jections to the failure of the contractor to complete the work in time. Heft v. Pavone, 97 Cal. 108. But see Bernstein v. Downs, 112 (al. 197. As to the extension of the time within which the work must be done, sec: Ede v. Knight, 93 Cal. 159; Taylor v. Palmer, 31 (fal. 210: Oakland P. Co. v. Barstow, 79 Cal. 45; Conlin v. Sea- men. 22 Cal. 546: Houston v. McKenna, 22 Cal. 550; Buckman v. Cuneo, 103 (Mal. 62. The extension must be granted within the life of the contract. 177 Boarp or PusrLic Works. aur. vi Gipe, 22 McVerry vo Boyd, 84 Cal. 304; Dougherty v. Coflin, 69 Cal. 451; Brock v. Luning, 89 Cal. 316; Raisch v. San Francisco, 80 (al. 1; Fanning v. Schammel, 63 Cal. 428; Turney v. Dougherty, 53 Cal. 619; Brady v. Burke, 90 Cal. 1; Beveridge v. Living- stone, 54 Cal. 51: Dougherty v. Nevada Bank, 81 Cal. 162; Kelso v. Cole, 121 Cal. 121; Mappa v. Los. Angeles, 61 Cal. 309. The action of the city council in etting aside an assessment and a warrant issued upon acceptance of the work, and in directing further work as the result of an appeal by lot-owners, docs not operate as an extension of time. Heft v. Pave, 9% Cal. 108. | The failure to indorse the extension upon the contract or to record the resolution of intention till after the period fixed by the contract, does not render the extension ineffectual. MeVerry v. Boyd, 89 Cal. 304; Ede v. Knight, 93 Cal. 159; Brock v. Luning, 89 Cal. 316; Buckman v. Landers, 111 (al. 317. The fact that the work was completed upon the faith of the invalid extension of time will not validate it. Raisch v. San Francisco, 80 Cal. 1; Dougherty v. Nevada Bank, 81 Cal. 162. As to the form of the order extending time. sce Anderson v. De Urioste, 96 Cal. 404. Bond.—A\ property-owner cannot object to the assessment by reason of the omission of the superintendent of streets to approve the bond of the contractor. Miller v. Mayo, 88 Cal. 568. As to the form of the bond, sce Schwiesau v. Mahon. 110 Cal. 543. Ske. 22. The work in this article provided for must be done under the direction and to the satisfaction of the Board of Public Works; and the materials used must he in accordance with the specifications and he to the sat- isfaction of said hoard, and all contracts provided for in this article must contain a provision to that effect, and also, that in no case, except where it is otherwise pro- vided in this charter, will the city and county, or any de- partment or officer thereof, be liable for any portion of 13—CHARTER. ”Q \ Yt 0) Spy 8 Ant. V1. | IMPROVEMENT OF STREETS, 17 Cuar II. SEC. 1. ) 2 1 . (> 2 2 R “(MD NS the expense, or in the case of Improvement of streets, i ; or property assessed. for any delinquency of persons or property ass WH on cid work hall have heen completed to the sat- ae vel h yy VV Mh * ‘ . 1 : . N ae] es Tre isfaetion and acceptance of the hoard, it shall so decla ard she Jiver to hy resolution. and thereupon the board shall delive the contractor a certificate to that effect. Acceptance.—i'he provision requiring an entry of the du the contract in the record of the superintendent tle 56 (Cy 300. of streets is directory only. Brady v. Bartlett, 56 Cal. 35 satislactl 2 » super- If the contract 1s performed to the satisfaction of the I : the lot-owner cannot prove that the work performance 0 mtendent of streets, mY was not done according to the spectiications. ye : « -e 2 ¢ i, 9 v., op 3 , ford. 20 Cal. 75: MeVerry ve. Kidwell, 63 Cal. 246: Diggins 0) ve al. ve 4 , } : . Y, 259 - (r- Hart ie The Legislature cannot by direct act make an assessment within an incorporated city, but may empower the municipal Sitliigles to 5 <0. Schumacker v. Toberman, 56 Cal or, cople v. Lynch, 51 Cal. 15: Brady v. King, 53 Cal. 4 | An assessment is in the nature by ii > Eo) ig changed in the absence of Satire oe gi ” Sn in 9 un vy authority. Williams v. ju ( 1 H. E quali i i : 9 lity and uniformity.—It rests in the discretion of 1¢ OOS atl *(» IV r 1 1 { egislature to say upon what principle the assessment for Improvements 2 streets s : Proven Dis on the streets shall be apportioned among the lots 4 "ary r Y 1 , i amery vo San Francisco Gas (Po. 28 Cal. 345 T : ASS ‘oO : ‘ . - . : : 2 4 sessment must be levied with equality and uniformity nting v. Quackenbush, 54 Cal. 306 1 QU hush, 54 Cal. 306; Peopl [ TY d ! . ; People v. Lynch, ! Cal. 15. iil Are vi [MPROVEMENT OF STREETS. 196 SEC. 4. The assessment may be apportioned with reference to the fect fronting on the improvement. Jennings v. Le number of Laneh, 51 Cal. 15: Whiting v. Breton. 30 Cal. 8; People v. Quackenbush, 54 (al. 306. cannot exceed the value of the benefit con- The assessment (‘reighton v. Manson, 27 ferred on the lot by the improvement. Cal. 613. So property not benefited by an improvement cannot be sub- jected to an assessment for it. Taylor v. Palmer, 31 Cal. 240; [n re Market Street, 49 Cal. 546. But see Whiting v. Townsend, 57 Cal. 515. This. however, is a legislative question, and will not be re- viewed by the courts, unless it manifestly appears that the Legis- lature abused its discretion in the matter, or that no benefit asonably have been expected to result from the improve- ment. Lent v. Tillson, 72 Cal. 404; Harney v. Benson, 113 Cal. 314. By whom made.—The superintendent of streets formerly made the assessment, but under the charter this is made the duty of the board of public works. It has been held that an abortive id assessment does not exhaust the power of [immelmann v. Cofran, 36 Cal. 411; Dyer could re attempt to make a val the superintendent. v. Scalmanini, 69 Cal. 637. The power to make the assessment cannot be delegated. Bolton v. Gilleran, 105 Cal. 244; Perine C. & P. Co. v. Pasadena, 116 (fal. 6; Stansbury v. White, 121 Cal. 435. [{ the superintendent fails to authenticate his record by his official signature, it is his duty to afterwards make a valid assessment. Shepard v. McNeil, 38 Cal. 72. This duty can be enforced by mandamus. Himmelmann v Cofran, 36 Cal. 411. No time is limited within which the assessment must be made. Himmelmann v. Cofran, 36 Cal. 411; Williams v. Bergin, 116 Cal. 50. If the assessment is valid, the superintendent cannot be re- quired to make another. Frick v. Morford, 87 Cal. 576. 197 IMPROVEMENT OF STREETS (ART. VI. : - Cnare. II. EC. 7. a ey Is well settled that the assessment ? either to the real owner of the property or to the unknown owner: that an assessment to a person other than the real owner cannot be enforced against the owner, and that 2 other or different mode of assessment is permissible. Mayo Vv > Loy, 32 Cal. 477; Himmelmann v. Steiner, 38 Cal. 173; Faylor v. Donner, 31 Cal. 480; Himmelmann v. Hoadley, 41 Cal, 213: Smith v. Davis, 30 Cal. 536; Smith v. Cofran, 31 Cal 510: Stockton v. Dunham, 59 (al. 608: Blatner v. Davis, 32 Cal 398. But see Conlin v. Seamen, 22 (‘al. 516. Si he The word “unknown” written in the assessment opposite the number of the lot, is suflicient to show that the name of the Owner Was unknown to the superintendent of streets. IHewes v Reis, 40 Cal. 255; Chambers v. Satterlee, 40 Cal. 497. | Such a certificate is conclusive of the fact, and cannot be collaterally attacked in an action brought upon the assessment. Chambers v. Satterlee, 40 Cal. 497. If the property is owned by tenants in common, it should be assessed to them jointly. Blatner v. Davis, 32 Cal. 328. An assessment to a deceased person is void. Smith v. Davis 30 Cal. 536. The provision of the charter that “a mistake in the name of the owner shall not invalidate any assessment,” was evidently intended to obviate the effect of these decisions, and it would seem that an assessment to a person who is not the owner of the property assessed would be good under this provision. Description of property assessed and diagram.— The property assessed must be described. Himmelmann v. Cahn, 49 Cal. 285. As to what descriptions are suflicient, see: San Irancisco v. Quackenbush, 53 Cal. 52; Dyer v. Harrison, 63 Cal. 447; Me- Donald v. Conniff, 99 Cal. 386; Ide v. Knight, 93 Cal. 159; Hewes v. Reis, 40 Cal. 255; Whiting v. Quackenbush, 54 Cal, 306; Williams v. McDonald, Z8 Cal. 527; Norton v. Courtney 53 Cal. 691; Dorland v. McGlynn, 47 Cal. 47; Diggins v. Harts horne, 108 Cal. 154; Labs v. Cooper, 107 Cal. 656 ; Himmelmann v. Bateman, 50 Cal. 11: Brady v. Page, 59 Cal. 52, 301; Wil- liams v. Savings and Loan Soc., 97 Cal. 122. j A SN Art Vi 1 [MPROVEMENT OF STREETS. 198 SEC. 8. ) As 10 assessments upon street railways, see sec. 24 of ths chapter. Que. 8. The expense of all work or improvement done upon any part of said streets, lanes, alleys, places or courts, under the order of the Supervisors, shall be borne and paid for as follows: First—The city and county shall pay out of the Gen- eral "und the expense: a. Of all work done on streets, crossings and inter- sections of streets that have been or may be accepted by the city and county, after the acceptance of the same, and all repairs and improvements deemed of urgent ne- cossity that may be made upon the public streets and highways. 5h. Of all work done in front of, or that may be as- sessed to, property owned by the city and county or by any department thereof. ce. Of all work done in front of, or that may be as- sessed to, property owned by the United States. Second. —1The expense of all sewers, cesspools, man- holes, culverts and drains, and of all grading, planking, macadamizing, paving, piling and capping any street, , and of all curbs thereon, and of all work done on sidewalks, shall be assessed upon the lands block or blocks adjacent thereto as herein pro- or portion thereof within the vided, except where by an assessment district it may be provided otherwise. Third—The expense of all work on such portion of any street required by law to be kept in order by any person, company, or corporation, having railroad tracks thereon, shall be borne and paid for by such person, com- 199 IMPROVEMENT OF STREETS. fawn VL SEC. 8. pany or corporation, and shall be included in the assess- ment hereinbefore provided for. No assessment shall be levied upon any property, which, together with all assessments for street Iaprove ments that may have been levied upon the same property during the year next preceding, will amount to a tn greater than fifty per centum of the value at which said property was assessed upon the last preceding assess- ment book of the city and county. Limit of assessment.-—Byv the Act of 1885, (Stats. 1885, 147), sec. 3, before that section was amended in 1891, (Stats. 1891, 196), it was provided that if the expense of the improve- ment exceeded one hall of the assessed value of the land, the excess should be paid out of the city treasury. Under this pro- Vision, it was held that a lot could not be charged for work called for by one resolution of intention and order in a greater sum than one half the value of such lot, although the work is split up into separate contracts and assessments. Kreling v. Muller 86 Cal. 465. i So it was held that a lot might be held to the extent of one hall’ its assessed value for any single assessment for such work, although it had already, during the same year. been assessed for other work. Warren v. Postel, 99 (fal. 20.4 This rule is changed by the charter, and the lot can only be held for one hall its assessed value for street improvements in ny one vear. The expression = during the vear next preced- ng evidently means during the last preceding twelve months from the date of the assessment, and does not refer to a calendar year. The city is only liable when the property is assessed for more than one half its value: and in order to bind the city, this fact must be alleged in the complaint. McBean v. San Bernardino 96 Cal. 1835. ; As to street railways, see sec. 24 of this chapter. Grin. 11. [MPROVEMENT OF STREETS. 200 SEC. Y. SEC. 9. Nubdivision One—-lxcept where the expense incurred for the street work and improvement author- ized herein is to be assessed upon a district as herein- after provided, such expense, other than that to be paid by a person, company or corporation having tracks on the street where such work and improvement has been done, shall be assessed upon the lots and lands fronting thereon, except as hereinafter specitically provided ; each lot or portion of a lot being separately assessed in pro- portion to the frontage at a rate per front foot sufficient to cover the total expense of the work. Subdivision Two—The expense of all improvement except such as is done by contractors under the provis- ions of section sixteen of this chapter, until the streets, avenues, street crossings, lanes, alleys, places, or courts are finally accepted, as provided in section twenty-three of this chapter, shall be assessed upon the lots and lands as provided in this section according to the nature and character of the work. Subdivision Three.—The expense of the work done on main street crossings shall be assessed at a uniform rate per front foot on the quarter blocks and irregular blocks adjoining and cornering upon the crossings, and separately upon the whole of each lot or portion of a lot having any frontage in the said blocks fronting on said main streets, half way to the next main street crossing, and all the way on said blocks to a boundary line of the city where no such crossing intervenes, but only accord- ing to its frontage in said quarter blocks and irregular blocks. Subdivision Four—Where a main street terminates in another main street, the expense of the work done on 201 IMPROVEMENT OF STREETS. ie Nii CHAP SKC. Y. one-half of the width of the street opposite the termina- tion shall be assessed upon the lots in each of the two quarter blocks adjoining and cornering on the same, ac- cording to the frontage of such lots on said main street, and the expense of the other half of the width of said street upon the lot or lots fronting on the latter half of the street at such termination. Nubdurision Fire.—Where any alley or subdivision street crosses a main street, the expense of all work done on said crossing shall be assessed on all lots or por- tions of lots half way on said alley or subdivision street to the next crossing or intersection, or to the end of such alley or subdivision street if it does not meet another. Nubdivision Six.—The expense of work done on alley or subdivision street crossings shall be assessed upon the lots fronting upon such alley or subdivision streets on each side thereof, in all directions, half wav to the next street, place, or court, on either side, respectively, or to the end of such alley or subdivision street, if it does not meet another. Subdivision Seven.—Where a subdivision street, ave- nue, lane, alley, place, or court, terminates in another street, avenue, lane, alley, place, or court, the expense of the work done on one-half the width of the subdivision street, avenue, alley, place, or court opposite the ter- mination, shall be assessed upon the lot or lots fronting on such subdivision street or avenue, lane, alley, place, or court so terminating, according to its frontage there- on, half way on each side, respectively, to the next street, avenue, lane, alley, court, or place, or the end of such street, avenue, lane, alley, place, or court, if it does C—O TR a a Se eam co SE PS Ale v1 3 IMPROVEMENT OF STREETS. 202 SEC. Y. not meet another, and the other one-half of the width upon the lots fronting such termination. Subdivision ight. —Where any work mentioned in this chapter, manholes, cesspools, culverts, crosswalks, piling and capping excepted, is done on either or both sides of the centre line of any street for one block or less, and further work opposite to the work of the same class already done is ordered to be done to complete the unimproved portion of said street, the assessment to cover the total expense of said work so ordered shall be made upon the lots or portions of the lots only fronting the portions of the work so ordered. When sewering or resewering is ordered to be done under the sidewalk or only on one side of a street for any length thereof, the as- sessment for its expense shall be made only upon the lots and lands fronting nearest upon that side, and for intervening intersections only upon the two quarter blocks adjoining and cornering upon that side. Subdivision Nine.—Any owner or owners of lots or lands fronting upon any street, the width and grade of which have been established by the Supervisors, may perform at his or their own expense (after obtaining per- mission from the Board of Public Works so to do, but before said board has passed its resolution of intention to recommend grading inclusive of this) any grading upon said street, to its full width, or to the centre line thereof, and to its grade as then established, and there- upon may procure, at his or their own expense, a certifi- cate from the City Engineer setting forth the number of cubic yards of cutting and filling made by him or them in said grading, and the proportions performed by each owner, and that the same is done to the established 203 IMPROVEMENT OF STREETS. {Ane (SEC 9. width and grade of said street, or to the centre line there- of, and thereafter may file said certificate in the office of the board. Said certiticate shall be recorded in a prop- erly indexed book kept for that purpose in the office of the board. Whenever thereafter the Supervisors order the grading of said street, or any portion thereof, on which any grading certified as aforesaid has been done, the bids and contract must express the price by the cubic vard for cutting and filling in grading, and such owner or owners, and his or their successors in interest, shall he entitled to credit on the assessment upon his or their lots and lands fronting on said street for grading there- of, to the amount of the cubic yards of cutting and fill- ing set forth in his or their said certificate, at the prices named in the contract for said cutting and filling; or, if the grade meanwhile has been legally changed, only for so much of said certified work as would be required for grading to the grade as changed. Such owner or owners shall not be entitled to any credit that may be in excess of the assessments for grading upon the lots and land owned by him or them, and proportionately assessed for the whole of said grading. The board shall include in the assessment for the whole of said grading upon the same grade the number of cubic yards of cutting and fill- ing set forth in any and all certificates so recorded in his office, or for the whole of said grading to the changed orade so much of said certified work as would be re- quired for grading thereto, and shall enter correspond- ing credits, deducting the same as payments upon the amounts assessed against the lots and lands owned re- spectively by said certified owners and their successors in interest ; but he shall not include any grading quanti- aur Xs [IMPROVEMENT OF STREETS. 204 SEC. 9. ties or credit any sums in excess of the proportionate assessments for the whole of the grading which are made upon any lots and lands fronting upon said street and belonging to any such certified owners or their succes- sors in interest. When any owner or owners of any lots and lands fronting on any street shall have heretofore done, or shall hereafter do any work, except grading, on such streets, in front of any block, at his or their own expense, and the Supervisors shall subsequently order any work to be done of the same class in front of the same block, the work so done at the expense of such owner or owners shall be excepted from the order order- ing the work to be done, as provided in subdivision ten of this section; but the work so done at the expense of such owner or owners shall be upon the official grade, and in condition satisfactory to the Board of Public Works at the time said order is passed. Subdivision Ten.—The Board of Public Works may include in the resolution of intention any of the differ- ent kinds of work mentioned in this chapter, and it may except. therefrom any of said work already done upon the street to the official grade. The lots and portions of lots fronting upon said accepted work already done shall not he included in the frontage assessment for the class of work from which the exception is made; but this shall not be construed so as to affect the special provisions as to grading contained in subdivision nine of this section. Subdivision Fleven—When the resolution of inten- tion declares that the expense of the work and improve- ment is to be assessed upon a district, immediately after the contractor has fulfilled his contract to the satisfac- tion of the Board of Public Works, or to the satisfaction 205 IMPROVEMENT OF STREETS. 2a | Ske. 9, : of the Supervisors on appeal, the Board of Public Works shall proceed to estimate upon the lands, lots, or por- tions of lots within said assessment district, as shown by the diagram provided for in section five of this chapter, the benefits arising from such work, and to be received by each such lot, portion of such lot, piece or subdivision of land, and shall thercupon assess upon and against said lands in said assessment district the total amount of the expense of such proposed work, and in so doing shall assess said total sum upon the several pieces, par- cels, lots, or portions of lots, and subdivisions of land in said district benefited thereby, to wit: Upon each respec- tively in proportion to the estimated benefits to be re- ceived by each of said several lots, portions of lots, or subdivisions of land. In other respects the assessment shall be as provided in this chapter. Subdivision 1.-—This subdivision adopts the so-called *“front- foot” mode of assessment. This mode of assessment is consti- tutional. Fmery v. San Francisco Gas Co., 28 Cal. 345; Emery v. Bradford, 29 Cal. 75: Taylor v. Palmer, 31 Cal. 240; Whiting v. Quackenbush, 54 Cal. 306; Whiting v. Townsend, 57 Cal. 515; Lent v. Tillson, 72 Cal. 404; Jennings v. Le Breton, 80 Cal. 8. But see Appendix. Under the act of April 1, 1872, (Stats. 1871-2, 804), whicn provided that the expense of any improvement should be as- sessed “upon the lots and lands fronting thereon,” it was held that this did not mean that each lot should pay for the work done in front of it, but that the whole expense should be assessed ratably upon all lands fronting on the work, and that where the hoard of supervisors order “that plank sidewalks be constructed on Olive Avenue, between Laguna and Buchanan Streets, where not already constructed, and that the roadway be macadamized where not already done,” the district to be assessed is the block between the streets mentioned, although none of the improve- ments are in front of some of the lots on the block. Diggins - Brown, 76 Cal. 318. ARP VL) [MPROVEMENT OF STREETS. 206 SEC. Y. ) The amount of the assessment depends on the frontage of the lot, irrespective of its shape. size or depth. Diggins v. Harts- horne, 108 Cal. 15:4. Where the work ix only on one cide of the street, it should only he assessed on the lots on that side of the street. McDonald v. Connifl. 99 Cal. 386; Perine v. [Srzeraber, 102 Cal. 25:4, Each lot to be assessed.—II. in levying an assessment, a lot fronting on the street is left out, and the whole expense 1s as- «esced upon the remaining front feet, the whole assessment 1s void. Whiting v. Quackenbush, 54 Cal. 306: People v. Lynch, 51 Cal. 15: Dver v. Harrison, 63 Cal. 447; Diggins v. Brown, 76 (al. 318; Davies v. Los Angeles, 86 Cal. 57: Moulton v. Parks, G1 Cal 166. 181. But see Buckman v. Landers, 111 Cal. 347. A failure to assess property belonging to the United States, the state. or the city, does not render the assessment void. People v. Austin, 47 Cal. 353. So if one lot is assessed for a portion of the expense which = % Cal. 309: Brady v. King, 53 Cal. 44; Schumacker v. Toberman, 56 Cal. HOS. Sec. 11. In making all assessments the Board of Pub- lic Works shall act as a hoard, and the assessment shall be authenticated by the signatures of all the members thereof. Authentication.—Ilinmmehnann v. Hoadley, 44 Cal. 213; Himmelman v. Danos, 35 Cal. 4413 Dougherty v. Hitchcock, 35 Cal. 512: Gillis v. Cleveland, 87 Cal. 214. Spe. 12. To said assessment shall be attached a warv- rant which shall be signed by the president of the Board of Public Works and countersigned by the secretary thereof. Said warrant shall be substantially in the fol- lowing form: Jv virtue hereof the Board of Public Works of the City and County of San Francisco, by the authority vested in it, does authorize and empower (name of con- 3 1 | of 4 ‘ 3 «3 p 1 d tractor) his (or their) agents, or assigns, to demand an receive the several assessments upon the assessment and 209 IMPROVEMENT OF STREETS. (ART. VL (SEC. 12. diagram hereto attached, and this shall be his (or their) warrant for the same. ( bate) ——— (Name of president of Board of Pub- lic Works.) Countersigned by (Naine of secretary of Board of Public Works.) Said warrant, assessment and diagram shall be re- corded in the oftice of the board. When so recorded the several amounts assessed shall be a lien upon the lands, lots, or portions of lots assessed, respectively for the period of two years from the date of said recording, un- less sooner discharged; and from and after the date of said recording of any warrant, assessment and diagram, all persons interested in said assessment shall be deemed to have notice of the contents of the record thereof. After said warrant, assessment and diagram are re- corded, the same shall be delivered to the contractor, or his agent or assigns, on demand, but not until after the payment to the board of the incidental expenses not pre- viously paid by the contractor or his assigns. By virtue of said warrant said contractor, or his agents or assigns, shall be authorized to demand and receive the amount of the several assessments made to cover the sum due for the work specified in such contracts and assessments, When it shall appear by the final judgment of any court in this state having jurisdiction to render such judement, that any suit brought to foreclose the lien of any assessment for street work made under this chapter, or in the recording thereof, has been defeated by reason of any defect, error, informality, omission, irregularity, or illegality thereof, or therein, or in the return of the warrant issued pursuant to such an assessment, or in 15—CHARTER. ARS oa) [MPROVEMENT OF STREETS. 210 SEC. 1. the recording of any such warrant, any person interested therein may, at any time within seven months after the of said final judgment, apply to the board for entry e issued in conformity to law; another assessment to b and the board shall, within sixty days after the time of said application, make and deliver to said applicant diagram and warrant in accordance record and authenticate the same as a4 new assessment, with law, and sign, above provided. Such assessment shall be a lien upon ihe lots of land set out therein for the period of two years Irom the date of its recording, and suit may be brought to enforce said lien as provided in this chapter. Should such final judgment be that of the Superior Court for the city and county and an appeal therefrom to the Supreme Court of the state has been taken, no such other assessment shall be made until said appeal has been determined. Warrant. I'he countersigning of the warrant is merely a ministerial act. Beaudry v. Valdez, 32 Cal. 269. The warrant must be dated, and must contain the day and vear. Shipman v. Forbes, 97 Cal. 57%. The fact that it was dated when countersigned will not make it valid if it was not dated when signed. Shipman v. Forbes, 97 Cal. 572. Such warrant must be in the San Francisco, © Cal. 4633 Martin v. San Francisco, form prescribed by the charter. Lucas Vv. 1G Cal. 285: Argenti v. San Francisco, 16 Cal. 255. Ax to the service of the warrant, see (tuerin v. Reese, 35 Cal. 292. The warrant may be issued to the assignee of the contractor. Tavlor v. Palmer, 31 Cal. 240. Any irregularity in countersigning the warrant is waived by failure to appeal to the common council. Beaudry v. Valdez, 32 (fal. 269. 211 : Zz J rR TNT] nN Xn ig / IMPROVEMENT OF STREETS. fase vi g ’ Skc. 12. ecording warra i ha 8 ant, assessment, and diagram.—In or- SE a lien, the warrant, assessment, and diagram mus » recorded before ot ye recorded before they are delivered to the contractor Wis v. Cleveland. 87 Cal. ¢ - os re leveland, 87 Cal. 214: Himmelman v. Danos, 35 Cal 441; immelmann v. Be 3 py “ i . Bateman, 50 Cal. 11: Nort th; hh _. al. 11: Norton v. Court- ney, 23 Cal. 691. Po he proper mode of authenticating the record of the assess me {ia oT: : rarratt | | Suing y nt, diagram, and warrant is to append thereto the official cer- ificate of the officer whose duty it ix to make the record. Him- melmann v. Hoadley, 44 Cal. 213 Without such a certificate the record 1s valueless. Himmel ne : 5, 35 Ce © Wi 1 i" Danos, 35 Cal. 441; Witter v. Bachman, 117 Cal. 318 le ‘cr 1 oo. 3 ‘ 3 1 EE) 1 pr ( tien authenticating the record may be signed by a deputy of the street superinte | l Ls endent. [Himmelmann v | : ann v. Hoadlev 44 Cal. 213. ey I anv material part ol jo material part of the assessment is omitted from the record, the record is ineffectual. IHimmelmann v. Bateman 50 Cal. 11; Norton v. C De 6. Llonons, al. 11; nv. Courtney, 53 Cal. 691; Lal ) v, 23 Cal. 691; Labs v. Cooper, o oo But the omission of the name and official designation of the mavor from the warrant will not invalidate the assessment Y * to { . y AJ oo Bh Gillis v. Cleveland, 87 Cal. 214. Phe engineer's certificate must be recorded with the warrant assessment, and diagram, and if recorded in a separate book, the record is invalid. Rauer v. Lowe, 107 Cal. 229; Buckman v 9 « . C'unco, 103 Cal. 62. The certificate need howeyv | ate need not, however, be attached to the assess- ment. Gray v. Lucas, 115 Cal. 430. In order to obtain a lien, a substantial compliance with every requirement of the statute as to the recording of the warrant assessment, and diagram is necessary. Rauer v. Fay, 110 Cal me " A - J . J dal. 361: Schwiesau v. Mahon. 110 Cal. 543; Ryan v. Altschul, 103 Cal. 174. | | Second assessment.— The second assessment is only allow- able in case the action was defeated for one of the reasons men- tioned, and the facts upon which the judgment is based must show this fact. Gray v. Lucas, 115 Cal. 430: Gray v. Richard- . 7X7 son. XVI Cal. Dec. 202. ARE Vi) IMPROVEMENT OF STREETS. 212 BEC. 12. f Where, in an action to recover the amount of an assessment, the property-owners set up that the assessment 13 void, but iL 13 in fact valid, and the court erroneously holds that 1t 1s void, the property-owners are estopped to deny the authority of the super- intendent of streets to make a second assessment. Dyer v. Scal- manini., 69 Cal. 637. The mere fact that some of the property-owners have paid the assessment, will not prevent a wecond assessment being made {he first was irregular. But, cuch a case, such payments will be considered as a payment on account and the contractor will be compelled to satisly the assessment ol record to the extent of «uch payments. Wood v. Strother, 76 Cal. 545. An abortive attempt to make a valid street assessment does not exhaust the power of the superintendent. [Himmelhmann v. Cofran, 56 Cal, 411 \< to the time within which the second assessment is to be made. =ce Wood v. Strother, 76 Cal. 549. Lien of the assessment.—in order to obtain a lien, a Cal. 219; Gaffney v. Gough, 36 Cal. 104, When the assessment is to © unknown owners,” a personal de- mand ix unnecessary. Whiting v. Townsend, 57 Cal. 515. In such a case the demand must be made publicly on the prem- ices. and a demand made to the owner personally, or on the street in front of the property assessed. is not sulticient. Alameda M. Co. v. Williams, 50 Cal. 534. A demand for the aggregate sum due on two lots 1s imsuflicient. mn . The demand must be on each lot, for the amount assessed thereon. Schirmer v. Hovt. 51 Cal. 280. I'he demand must be for the amount due. Dyer v. (hase, d2 Cal. 410: Donnelly v. Howard. 60 Cal. 291: Dorland v. Berg- son. 78 Cal. 63%. If at the time of the demand the contractor stood upon any part of the Tot assessed, the demand is good. Ede vo Knight, 93 Cal. 159. As to the tone of voice in which the demand must be made, sec Himmelman v. Booth, 53 Cal. 50. The return.— he return is prima facie evidence of the de- mand. Dyer v. Brogan, 57 Cal. 2345 Deady v. Townsend, 57 1 90Q- TT: i : yr - 7.3 Cal. 298: Himmehnann v. Hoadley, 44 Cal. 213; Ede v. Knight, 0° !, AQ) - 93 Cal. 159: Buckman v. Landers, 111 Cal. 347. It is also prima facie evidence that the affiant is the agent of the contractor. Whiting v. Townsend, 57 Cal. 515: Foley v. Bullard, 99 Cal. 516. nm . " . . , [he return must show a demand upon the person assessed or a satisfactory reason why it was not done before resorting to the other modes of making a demand. Guerin v. Reese, 33 Cal. 292. The return is to be made within thirty days after its date, but there is no provision as to when it shall be recorded, except that - \ < CL ™ . it shall be done thereupon.” See Himmelmann v. Reay, 38 Cal. 163. If the assessment is made after the death of the owner, it is not a claim which is required to be presented to the adminis- trator. Hancock v. Whittemore, 50 Cal. 522. Arr. VI | IMPROVEMENT OF STREETS. 216 CHAP. II. SEC. 14. Spc. 14 The owners, whether named in the assess ment or not, the contractor or his assigns, and all other persons directly interested in any work provided for in this chapter, or in the assessment, feeling aggrieved by any act or determination of the Board of Public Works in relation thereto, or who claim that the work has not been performed according to the contract in a good and substantial manner, or having or making any objection to the correctness or legality of the assessment or other act. determination, or proceedings of the board, shall, within thirty days after the date of the warrant, appeal to the Supervisors, by briefly stating their objections in writing and filing the same with the Clerk of the Super- visors. Notice of the time and place of the hearing, briefly referring to the work contracted to be done, or other subject of appeal, and to the acts, determinations or proceedings objected to or complained of, shall be published for five days. Upon such appeal the Super- visors may remedy and correct any error or informality in the proceedings, and revise and correct any of the acts or determinations of the board relative to said work, may confirm, amend, set aside, alter, modify or correct the assessment in such manner as to them shall seem just; and require the work to he completed according to the directions of the Supervisors, and may at their op- tion direct the Board of Public Works to correct the warrant, assessment or diagram in any particular, or to make and issue a new warrant, assessment and diagram to conform to the decisions of the Supervisors in rela- tion thereto. All the decisions and determinations of the Supervis- ors, upon notice and hearing as aforesaid, shall be final 217 IMPROVEMENT OF STREETS. (ART. VI. J CHAP. IIL. (SEC. 14. and conclusive upon all persons entitled to appeal under the provisions of this section, as to all errors, informali- ties and irrecularities, which the Supervisors might have remedied and avoided ; and no assessment shall be held invalid, except upon appeal to the Supervisors, as provided in this section, for any error, informality or other defect in the proceedings prior to the assessment, or in the assessment itself, where the Board of Public Works has acquired jurisdiction to make the same. Appeal.— The [ailure of a property-owner who 1x dissatis- fied with a street assessment to appeal to the board of supervisors, estops him from complaining of any matters which were the sub- ject of appeal. MceVerry vo Boyd, 89 Cal. 304: Bucknall v. Story, 46 Cal. 589: Dyer v. Parrott, 60 Cal. 551: Dorland v McGlynn, 47 Cal. 47: Fanning v. Leviston, 93 Cal. 186: Lent v. Tillson. 72 Cal. 104: Frick v. Morford, 87 Cal. 576: Taylor v. Palmer. 31 Cal. 240: Bovle v. Hitchcock, 66 Cal. 1290 Him- melmann v. Hoadley, 44 Cal. 276; Beaudry vo Valdez, 32 Cal. 269: Llewes v. Reis, 10 Cal. 235: Blair v. Luning, 76 Cal. 131: Jennings v. Le Breton, 80 Cal. 8:3 MeDonald vo Conniff, 99) (al. 386: Spaulding v. North S. FF. Hoa RRC Assn 87 Call 10: Oakland PP. Co. v. Rier, 52 Cal. 270; Chambers vo Satterlee, 10 Cal. 497; McSherry v. Wood, 102 Cal. 617: Treanor v. Houghton, 103 Cal. 53: Harney v. Benson, 113 Cal. 311: War- ren v. Riddell, 106 Cal. 352: Girvin v. Simon, 116 Cal. 601. On the other hand, the failure to appeal does not waive de- fects which could not have been remedied by appeal. Manning v. Den, 90 Cal. 610; Frick v. Morford, 87 Cal. 576; Part ridee v. Lucas, 99 Cal. 519; Warren v. Chandos, 115 Cal. 382. When the assessment is absolutely void for want of jurixdie- tion of the board to make it, a failure to appeal does not validate the assessment. Perine v. Forbush, 97 Cal. 305; Partridge v. Lucas, 99 Cal. 519; Bassett v. Enwright, 19 Cal. 635; Manning v. Den, 90 Cal. 610; Mahoney v. Braverman, 54 Cal. 565; Don- nelly v. Howard, 60 Cal. 291: Smith v. Cofran. 34 Cal. 310; San Jose Imp. Co. v. Auzerais, 106 Cal. 498: Kenny v. Kelly, Anti) IMPROVEMENT OF STREETS. 218 SEc. 15. f : 113 Cal. 361: Rvan v. Altschul, 103 Cal. 174: Capron v. Hitch- cock, 98 Cal. 427; Dougherty v. Hitchcock, 35 Cal. 512. Where a lot is not liable to be assessed, the owner is not a party interested, and, therefore, cannot appeal. Bassett v. Enwright. 19 Cal. 635; Smith v. Cofran, 34 Cal. 310. But where the assessment is merely excessive, it may be cor- rected on appeal. Dowling v. Conniff, 103 Cal. 9; Wells v. Wood, 114 (al. 255. But see Kenny v. Kelly, 113 Cal. 364. [Failure to appeal will not validate a void contract. Brock v. Luning. 89 Cal. 316; Burke v. Turney, 54 Cal. 486: Dough- erty v. Hitchcock, 35 Cal. 512: McBean v. Redick, 96 Cal. 1913 Manning v. Den, 90 Cal. 610; Schwiesau v. Mahon, 110 Cal. 543. If an appeal is improperly dismissed, the assessment is not thus made a finality. People v. O'Neil. 51 Cal. 91. But see Mahoney v. Braverman, 54 Cal. 565. Notice of the appeal must be given according to the statute, and actual knowledge merely is not sufficient. Williams v. Ber- ain, 108 Cal. 166. A protest to the assessment is equivalent to an appeal. Belzer v. Hoilschneider, 1044 Cal. 455. After the board has once acted upon an appeal, it cannot re- view its action. Belser v. Hoffschneider, 104 Cal. 455. The effect of an appeal is to suspend all actions for the collec- tion of the assessment. Williams v. Bergin, 108 Cal. 166. As to the form of the notice of appeal, sce Williams v. Viselich, 121 (al. 315. Sec. 15. At any time after the period of thirty-five days from the day of the date of the warrant, or if an appeal has been taken to the Supervisors, then, at any time after five days from the decision of the Supervisors on such appeal, or after the return on the warrant, after the same may have been corrected, altered or modified, as herein provided, but not less than within thirty-five days from the date of the warrant, the contractor or his 219 IMPROVEMENT OF STREETS. fase vy. SEC. 15. assignee may sue in his own name the owner or the mort- gagee of the land, lots, or portions of lots assessed on the day of the date of the recording of the warrant, as- sessment and diagram, or any day thereafter during the continuance of the lien of said assessment, and recover the amount of any assessment remaining unpaid, with interest thereon at the rate of seven per centum per an- num until paid. In all cases of recovery under the provisions of this chapter the plaintifl shall recover the sum of fifteen dol- lars in addition to the taxable costs, as attorney's fees, but not any percentage upon said recovery. When suit has been brought, after a personal demand has been made and a refusal to pay such assessment so demanded, the plaintiff shall also be entitled to have and recover said sum of fifteen dollars as attorney's fees in addition to all taxable costs, notwithstanding that the suit may be settled or a tender be made before a recovery in said action, and he may have judgment therefor. Said warrant, assessment and diagram, with the affi- davit of demand and non-payment, shall be held prima facie evidence of the regularity and correctness of the assessment and of the prior proceedings and acts of the Board of Public Works and of the Supervisors upon which said warrant, assessment and diagram are based, and like evidence of the right of the plaintiff to recover in the action. The court in which said suit shall be commenced shall have power to adjudge and decree a lien against the lots of land assessed, and to order such premises to be sold on execution as in other cases of the sale of real estate by the process of said courts. In all actions brought to enforce the lien of assessments made ArT. VI. > ARNT 3 [pr 009 Arn VL) IMPROVEMENT OF STREETS. 220 Sec. 15. pursuant to the provisions of this chapter the proceed- ings therein shall be governed and regulated by the pro- visions of this chapter, and, when not in conflict here- with, by the codes of this state. Actions on— The complaint.— I'he complaint must show that the various provisions of the statute under which it is sought to charge the defendant were complied with. Perine v. Forbush, 97 Cai. 505: Himmelman v. Danos, 55 Cal. Hl It must allege that the notice of the award of the contract was published by order of the board of supervisors. Himmel mann v. Townsend, 49 Cal. 150. it must 440 - . 2 / the Board of Police (Commissioners and hold oftice for [le shall receive an annual sal- the term of four years. ary of four thousand dollars. He shall have control, loement and direction of all members of the depart- | with full mani ment in the lawful exercise of his functions, 1 . TOA] 1 ofr . 2 power to detail any of them to such public service as he and with like power to suspend temporarily ’ « may direct In all cases of such sus- any member of the department. he shall immediately report the same to the He shall pension, A hoard with the reasons therefor in writing. maintain and enforce law and rigid discipline so as to secure complete efficiency of the department. He shall, and orders of the Commission: ors, have control of such of the prisons of the city and «al law under the control subject to the directions county as are not by the gene of the Sheriff. The chief of police i< not entitled to a ief of police. — itl Sine 2 and conviction of a ard offered by the covernor for the arrest : . (ec [ees v. Colgan, 120 Cal. 262. rew criminal. Spe. 2. In the suppression of any riot, public tumult, 1 . ws 17 al . SIS 8 . ce disturbance of the public peace, ol organized resistan i ‘ity » (‘hief of Police qoainst the laws of public authority, the Chief of Pol « - Mu CHAP. IV. SECS. 3-5. 291 Povrice Derarrvest. {ein vin. shall, in the lawful exercise of his functions, have all the powers that are now or may be conferred on sheriffs by the laws of the state. Ax to the duty of sheriffs, see: Political Code, secs. 4175- 4190: Penal Code, secs. 723-734. SEC. 3. The Chief of Police shall be the chief execu- tive officer of the department. He shall be chargeable with and responsible for the execution of all laws and ordinances and the rules and regulations of the depart- ment. He shall see that the orders and process issued by the Police Court and such other orders and process as may be placed in his hands are promptly executed, and shall exercise such other powers connected with his of- fice as may be provided for in the general rules and regu- lations of the Commissioners. SEC. 4. The Chief of Police shall keep a public office in which he shall have the statutes of this state and of the United States, and all necessary works on criminal law. In case of his temporary absence some competent member of the department, by him designated for that purpose, shall be in attendance at all hours of the day and night; and in such case he shall make known to such member of the department where he can be found. SEC. 5. The Chief of Police shall detail one or more of the members of the department to attend constantly on the Police Court and to execute its orders and pro- cess. [Ile shall detail at his pleasure members of the de- partment to act as his chief clerk, assistant clerks, prison keepers and property clerk. Said chief clerk and said property clerk shall each receive an annual salary of twenty-four hundred dollars. pEr yn Porice DEPARTMENT. 292 -) CHAP. IV. SECH. 6-7. f SEC. 6. The Chief of Police may from time to time disburse such sums for contingent expenses of the de- partment, as in his judgment shall be for the best inter- est of the city and county, to be paid out of the contin- gent fund allowed the department. The ageregate of all «uch sums shall not in any one fiscal year exceed the sum of ten thonsand dollars. Provision shall he made by the Supervisors for such contingent fund in the annual tax levy. The Commissioners shall allow and order paid out of such contingent fund as contingent expenses of the Police Department, upon orders signed by the Chief of Police, such amounts as may be required. Spc. 7. The Chief of Police shall possess powers of general police inspection, supervision and control, over all pawnhrokers, peddlers, junk-shop keepers, dealers in TR 1) nm ANTT ART. VIII. 297 Porice DeparTMENT. {dpe SECS. 4. crime, is brought with the claimant thereof and the per- son arrested, before a court for examination and adjudi- cation, and the court shall adjudge that the person ar- rested is innocent of the offense alleged, and that the property or money belongs to him, it shall order such property or money returned to the accused, and the Property Clerk shall thereupon deliver such property or money to him personaily, but not to his attorney or agent. If upon such hearing the accused shall be held for trial or examination, such property or money shall remain in the custody of the Property Clerk until the discharge or conviction of the person accused. SEC. 3. All unclaimed property and money that has been in the custody of the Property Clerk for one year shall be sold at public auction, after having been five times advertised in the official newspaper; and the pro- ceeds of such sale shall be paid into the treasury to the credit of the Police Relief and Pension Fund. In no case shall such property be sold or disposed of until the necessity for the use thereof as evidence has ceased. The proceeds of property taken from insane persons shall not become part of such fund until after the expiration of three years from the time the same is paid into the treas- ury; but the Commissioners and the Chief of Police shall, during such period, make diligent inquiry to as certain the person or persons to whom the same should by right he payable. SEC. 4. If any property or money in the custody of the Property Clerk be required as evidence in any court, it shall be delivered to any officer who shall present an order in writing to that effect from such court, and the '] } iia £1 : i BY 9 i ) 4 h 1 { ng agi ARLYN « Porice DEPARTMENT. 298 SECs. 1; 1. clerks of such court shall be responsible for the safe de- livery of such property or money to the Property Clerk. SEC. 5. All valuables and money in the custody of the Property Clerk shall be deposited by him for safe keeping with the Treasurer in such manner and subject to such rules and regulations as may be prescribed by the board. CHAPTER IX. Present Police Force. SECTION 1. All members of the present police force in good standing in the department at the time this char- ter goes into effect, and the Park Police, shall continue therein without civil service examination; but all new appointments and all promotions made after this char- ter shall go into effect shall be subject to and governed by article XIII of this charter. CHAPTER X. Police Relief and Pension Fund. SECTION 1. In order to continue in force and make effectual pensions already existing in favor of the police force, a fund is hereby created to be known and desig- nated as the Police Relief and Pension Fund. The Board of Police Commissioners and its successors in of- fice shall constitute a board of trustees of said fund. Police relief and pension fund.— An insurance fund similar to that provided by this charter was created by the act of April 1, 1878, (Stats. 1877-8, 879). This act was repealed by 299 Povrick DEPARTMENT. Ags vill, SEc. 2. the act of March 4, 1889, (Stats. 1889, 56), which was amended by the act of March 31, 1891, (Stats. 1891, 287), and the act of March 2, 189%, (Stats. 1897, 52). Such repeal and merger was held constitutional and valid as against the legal representatives of a member of the police force whose salary was in part detained under the former act, but who did not die until after the passage of the later act. Pennie v. Reis, 80 (Mal. 266. Such act did not create a “special commission” within the prohibition of section 13 of article XI of the Constitution, nor grant an extra compensation to a public officer, or make to him any gift of public money, but is in all respects valid. Pennie v. Reis, 80 Cal. 266. A police officer has no vested right to the sum paid by him into the insurance fund, except upon the happening of the contin- gencies mentioned in the act. (Clarke v. Reis, 87 (Mal. 543. He therefore is not entitled to a writ of mandamus to compel repavment of the sum paid by him into the fund, if the petition 18 insufficient to bring him within any of the contingencies of the statute. Clarke v. Reis, 87 (fal. 543. SEC. 2. The Board of Police Commissioners may, by a unanimous vote, retire and relieve from service any aged, infirm or disabled member of the department who has arrived at the age of sixty-five vears, and who, upon an examination by two regularly certificated practicing physicians appointed by the Commissioners for that pur- pose, may be ascertained to be hy reason of such age, in- firmity or other disability, unfit for the performance of his duties. Such retired member shall receive from the Police Relief and Pension [fund a monthly pension equal to one-half of the amount of the salary attached to the rank held by him three years prior to the date of his retirement. No such pension shall be paid unless such person has been an active member of the department for arr H Porice DEPARTMENT. 300 SECs. 3-4. twenty vears continuously next preceding his retire- ment, and the same shall cease at his death. Sec. 3. Any member of the department who shall become physically disabled by reason of any bodily in- jury received in the performance of his duty, upon his filing with the Commissioners a verified petition setting forth the facts constituting such disability and the cause thereof, accompanied by a certificate signed by the Chief of Police, the captain of the company to which he be- longs, and by two regularly certificated physicians of the city and county recommending his retirement upon a pension on account of such disability, may be retired from the department upon an annual pension-equal to one-half the amount of salary attached to the rank which he may have held three years prior to the date of such retirement, to be paid to him during his life and to cease at his death. In case his disability shall cease his pension shall cease, and he shall be restored to the ser- vice in the rank he occupied at the time of his retire- ment. SEC. 4. The Commissioners shall, out of the Police Relief and Pension Fund, provide for the family of any officer, member or employee of the department who may be killed while in the performance of his duty, as fol- lows: First—Should the decedent be married, his widow shall as long as she may remain unmarried be paid a monthly pension equal to one-half of the salary attached to the rank held by the decedent at the time of his death. Necond—Should the decedent leave no widow, but leave an orphan child or children under the age of Six- 301 KE "PARTMENT ART. VIII, Porice DEpaArRTMENT. {Aer VIE SECS. 5-7. teen years, such children shall collectively receive a pen- sion equal to one-half the salary attached to the position held by their father at the time of his death, until the youngest attains the age of sixteen years. Third—sShould the decedent leave no widow and no orphan child or children, but leave a parent or parents depending solely upon him for support, such parents, so depending, shall collectively receive a pension equal to one-half the salary attached to the position held by the decedent at the time of his death, during such time as the Commissioners may unanimously determine its necessity. SEC. 5. Any person receiving a pension as aforesaid from the Police Relief and Pension Fund, who shall be convicted of felony, shall become dissipated, an habitual drunkard, or shall become a non-resident of this State, shall forfeit all right to said pension. SEC. 6. When any member of the department shall, after ten years’ service, die from natural causes, then his widow, and if there be no widow, then his children, or if there be no widow or children, then his mother if depending upon him for support, shall be entitled to a sum equal to the:amount retained by the Treasurer from the pay of such deceased member and paid into the Re- lief and Pension Fund; but the provisions of this sec- tion shall not apply to any member of the department who shall have received any pension under the terms of this chapter. SEC. 7. The Commissioners shall make rules and regulations to carry out the provisions of this chapter i 8g i ie i 3 a a dw as Ak? Yun Povrice DEPARTMENT. 302 SECs. 8-9. and to enforce compliance therewith on the part of the members of the department. It shall make up an esti- mate every vear of the amount required to pay all de- mands on the Police Relief and Pension Fund for the succeeding fiscal vear, and certify the same to the Su- pervisors in connection with and as a part of the annual appropriation of the Police Department. SEC. NS. The Commissioners may, on notice to the Chief of Police, reward any member of the department for conduct which is heroic or meritorious. The form or the amount of such reward shall be discretionary with the board: but it shall not exceed in any one instance one month's salary. SEC. 9. The Board of Police Pension Fund Commis- sioners shall hold quarterly meetings on the first Mon- days of April, July, October and January of each year, and upon the call of its president. It shall issue war rants, signed by its president and secretary, to the per- sons entitled thereto, for the amount of money ordered paid to such persons from the Relief and Pension Mund. Each warrant shall state for what purpose the payment is made. The Board of Police Pension Fund Commissioners shall keep a public record of its proceedings. It shall at each quarterly meeting send to the Treasurer and to the Auditor a written or printed list of all persons en- titled to payment from the Relief and Pension ['und, stating the amounts of such payments, and for what oranted. Such list shall be certified and signed by the president and secretary of the board. The Auditor shall thereupon enter a copy of such list upon a book to be CHAP. X. SECS. 10-11. 303 Porice DEeparTMENT. {End vi. kept for that purpose which shall be known as The Po- lice Relief and Pension [Fund Book. All warrants signed by the president and secretary of the board shall be presented to the Auditor, and be audited and ordered paid by him out of said fund. NEC. 10. The Board of Police Pension Fund Com- missioners shall possess the powers vested in the Board of Police Commissioners to make rules and regulations for its guidance. It may appoint a secretary, and pro- vide for the payment from said fund of all its necessary expenses, not exceeding fifty dollars for any one month, including the salary of the secretary and printing. No compensation shall be paid to any member of the board for any duty required or performed as Police Relief and Pension ‘und Commissioner. SEC. 11. The Supervisors shall annually, when the tax levy is made, direct the payment into the aforesaid fund of the following moneys: 1. Not less than five nor more than ten per centum of all moneys collected and received from licenses for the keeping of places where spirituous, malt or other in- toxicating liquors are sold. 2. One-half of all moneys received from taxes or from licenses upon dogs. 3. All moneys received from fines imposed upon mem- bers of the Police Department for violation of law or the rules or regulations thereof. 4. All proceeds of sales of unclaimed property. 5. Not less than one-fourth nor more than one-half of all moneys received from licenses from pawnbrokers, Ant Vill. Povick DEPARTMENT. 304 SECS. 12-13. billiard hall keepers, dealers in second-hand merchan- dice. and from junk stores. G. All moneys received from fines for carrying con- cealed weapons. 7. Twenty-five per centui of all fines collected in money for violation of any ordinance. Povice DeparTMENT, j Aur. Vil CHAP. N\ i tse. 18. ard, or subject to its order. Payments provided for - . : : 2 | in this ch: ap shi is chapter shall be made quarterly upon proper vouchers, | When in any one vear a deficiency shall ex ist in such f ic] in such fund, such deficiency shall be provided for and made g [ [ I made good by the Supervisors in their next ensuing tax levy. | : 21—CHARTER. Fire DEPARTMENT. ARTICLE 1X. FIRE DEPARTMENT. CHAPTER 1. Organization and Powers. Section 1. The Fire Department shall be under the management of a Board of Mire Commissioners consist- ine of four members, who shall be appointed by the Mavor, and each of whom shall ree eive an annual salary of twelve hundred dollars. No person shall be appointed 2 Mire Commissioner who shall not have been an elector of the city and county for at least five years next preced- ine his appointment. Fire department. Laws governing.—\ct of March 2, 1866. (Stats. 1865-6, 138) 3 Act of April 1, 1372, (Stats. 1871-2, 855): Act of March 30, 1874, (Stats. 1873- 4, 42) ; A af March 4, 1870, (Stats. 1869-70, 303): Act of April 2, 1866, (Stats, 1865-6. 8366) 5 Act of March 50, 1872, (Stats. 1871-2, 1703): Net of March 4, 1881, (Stats. 1881, 25); Ach of March 51897. (Stats, 1897, 54) + Add of March 1, 1897, (Stats. 1897, G1): Net of March 27, 1897. (Stats. 1897, 192). 2 voluntary association, but The fire department is not a mere People v. Board of i< a branch of the municipal covernment, Y . N » ~ Deleoates, 14 Cal. 479 ; People v. Newman, $6 ‘al. 605. | le for acts of ne uiige nee committed hy mem- The city is not lab while engaged in duties Dp to hers of the fire department, ! the department. [{oward v. San Francisco, 51 Cal. The ordinance of the City nd County of San Francisco pop- ularly known as the © Barry Ordinance,” assuming to establish nd reculate the fire department, and to prov ide for the appoint- an . ; ] ment of a hoard of fire commissioners, i< void, as being in con CHAP. I. SECB. 2-4. 307 Fire DEPARTMENT. Sis IX. flict with the charter of the city. People v. Newman, 96 (al. GOD. Fire commissioners.— The fire department ix a distinet branch of the city government, represented by the board of fire commissioners, and the board of supervisors has no authority to reorganize or overthrow the board of fire commissioners. Peo- ple v. Newman, 96 Cal. 605. The act of March 28, 1878, provided for the appointment of fire commissioners by the judge of the county court, and it was held that, since his appointing functions were superseded by the Constitution of 1879, and not vested in any other person or tri- bunal, the officers thus appointed would hold over until their sue- cessors were appointed and qualified, and that the governor had no power to make such appointment. People v. Edwards, 93 Cal. 153; People v. Newman, 96 Cal. 605. The Legislature may confer the power of electing a fire com- missioner upon a board of fire underwriters, which is a voluntary association of persons and not a corporation. In In re Mernill, 45 Cal. 553. SEC. 2. The board shall never be so constituted to consist of more than two members of the same politi- cal party. The term of office of the Commissioners shall be four vears. Those first appointed shall so classify themselves by lot that they shall respectively go out of oftice at the expiration of one, two, three and four vears. Sec. 3. The Commissioners shall be successors in oftice of the fire Commissioners holding office in the city and county at the time this charter shall go into effect hy virtue of appointment under any statute or law of this state. SEC. 4. The Commissioners shall organize by elect- ing one of their number president who shall hold office « IN Te I. | an for one vear. The hoard may appoint a seeretary who Kirke 1EPARTMENT. 308 shall perform such duties as the hoard may prescribe. [He shall receive an annual salary of twenty-four hun- dred dollars. The hoard shall meet at least once a week, and ax often as the business of the Department may re- quire, and all its meetings shall be public. Sec. 5. The board shall organize the department, create and establish such fire companies as it may deem necessary, prescribe the nuniber and duties of the offi ccr<. members and employees of the department, and the uniforms and badges to he worn by thems have control of all the property and equipments of the department, and exercise full power and authority over all appropri- ations made for the use of the department. src. 6G. All persons appointed to positions in the de- partment must be citizens of the United States, not less (han twenty-one nor more than thirty-five years of age, of cood character for honesty and sobriety, able to read and write the English language, residents of the city and county at least five years next prec eding the date of their appointment, must pass a medical examination un- der such rules and regulations as may be prescribed by the Commissioners, and upon such examination be found in sound bodily health. SEC. 7. No officer, member or employee of the de- partment shall be appointed, transferred, or removed hecause of his political opinions, nor shall he be trans- forred or dismissed except for cause, nor until after a trial before the (Commissioners. Fire Derarrvest. { ART. IX, Wik Js SECS, 8-14, The Commissioners shall see that the ofti- cers, members and employees of the department faith- fully discharge their duties, and that the laws, ordi- nances and regulations pertaining to the department are carried into effect. The board shall make such rules and regulations ax may be necessary to secure discipline and efficiency in the department, and for any violation of such rules and regulations may impose reasonable fines upon the officers, members and emplovees of the department, or may suspend any of them for such rea- sonable time as the hoard may by rule prescribe. Such fines shall be deducted from the monthly warrants of the officers, members and employees upon whom they are imposed, and shall be transierred hy the treasurer to . i>: “ia i Yi 3 . . 1 the Firemen's Relief and Pension Fand. Neco 90 The clerk and commissary of the Fire De- partment Corporation Yards shall not deliver any sup- plies or stores of the Fire Department except upon an order signed hy the Chief Engineer and the secretary of the Commissioners: but during a contlagration, such material or apparitus as may be required for the pur pose of extinguishing such conflagration may be with- drawn from said corporation vards by order of the Chief [neineer, or hy any officer in charge of the force of the department at such conflagration. Nec, 10. No member or employee of the Fire Depart ment shall be engaged in any other employment. Fire DEPARTMENT. CHAPTER IIL Duties of the Commissioners. SECTION 1. The Board of Fire Commissioners shall immediately after their appointment and qualification proceed to reorganize the I%ire Department in conform- ity with the provisions of this charter. In so doing the board shall make its appointments of officers and mem- bers from the persons constituting the force in the ser- vice of the ire Department at the time this charter goes into effect. Such officers and members shall not be re quired to pass any civil service examination. All future appointments and promotions shall be made subject to the provisions of artiele XII of this charter. If any reduction is made in the force of the department, the Commissioners may temporarily discharge those per- sons, whose discharge shall be most conducive to the efficient reorganization of the department, but in case of a subsequent increase of the force, those temporarily discharged shall be reappointed without civil service examination and assigned to the same rank in which they were at the time of their discharge. SEC. 2. No officer, member or employee of the de- partment shall be dismissed or transferred except for cause nor until after a trial. The accused shall be fur- nished with a written copy of the charges against him at least three days previous to the day of trial. He shall have the right to appear in person and by counsel and examine witnesses in his behalf. All witnesses shall be examined under oath, and all trials shall be public. SEC. 3. When any officer, member or employee of the department shall become temporarily disabled by rea- ‘ \ A ‘D m ANTI ART. IX. 311 Fire DEPARTMENT. Sui ii SEC. 1. son of injuries received while in the actual performance of his duty therein so as to incapacitate him from per- forming his duty, the Commissioners shall allow his sal- ary during the continuance of such temporary disability. SEC. 4. The Commissioners shall see that all con- tracts awarded and work done for the department are faithfully performed, and shall, upon the awarding of any such contract, exact an adequate bond for the prompt and faithful performance of the same. The provisions of article 11, chapter L11, of this char- ter in regard to the advertising for proposals, the afti- davit and security accompanying the same, the presen- tation and opening of proposals, the awarding of con- tracts and the security for the performance thereof, shall, so far as the same can be made applicable, apply to all proposals and contracts made, awarded or entered into for furnishing supplies to the I'ire Department. Any contract made in violation of any of the provisions of this chapter shall be void. CHAPTER 111. The Chief Engineer. SECTION 1. The Board of Fire Commissioners shall appoint a Chief lKngineer, who shall be charged with the special duty of superintending the extinguishment of fires. The Chief Engineer shall be the chief executive officer of the IVire Department, and it shall be his duty and that of the assistant chief engineers and of the bat- talion chiefs to see that all laws, orders, rules and regu- lations in force in the city and county, or made by the Art. IX, | Fire DEPARTMENT. Car. 1V. SEC. 1. Commissioners’ concerning the fire Department, are enforced. Chief engineer. —When a chief of the fire department has ho richt or authority except such as he has acquired ander the ordinanens of the City, he may be removed or suspended by the action of the legislative body of the eity. [Hicoins v. Cole, 100 Cal. 260. SEC. 20 The Chief Engineer may suspetid any subor- dinate ofticer, meniber, or employee of the department for incompeteney, or for any violation of the rules and reoulations of the Five Department, and shall forthwith report in writing such suspension, with his reasons therefor. to the Commissioners for their action. Ie shall diligently observe the condition of the apparatus and workines of the department and report in writing thereon at least once a month to the hoard and make sich recommendations and suggestions respecting the same as he may deem proper. In the absence or inabil- itv of the Chief Engineer, an assistant chief engineer shall perform his duties. Sec. 3. The Chief Engineer, or, in his absence, the assistant chief engineers, or, in their absence, any hat- talion chief in charge may, during a conflagration, cause (0 be cut down or otherwise removed any buildings o¥ structures for the purpose of checking the progress of such conflagration. CHAPTER 1V. Fire Companies. SEerion 1. Bach steam fire engine company shall he composed of not more than one captain, one licuten- ‘ ‘) 1 i ; 0) Cai 5 S13 Fire Deearrsesr, {aur IX, { Ske. 1, ant, one engineer, one driver, one stoker and five hose nea. I . . s . ) Ts " ~( , »~ the oath as will forfeit the office. People v. Perry, © Cal. 100. See. 3. The board shall have the management and control of the city and county hospitals, almshouses, il bulance service, municipal hospitals, receiving hospi- tais, and of all matters pertaining to the preservation, promotion and protection of the lives and health of the inhabitants of the city and county; and it may deter- mine the nature and character of nuisances and provide foi their abatement. o [ shail have the sanitary supervision of the municipal institutions of the city and county, including jails, : : 0 Wis upon the electors of the city and county to meet or 1 2 . ‘ +1 , A : i em pose of electing such officers as are provided or 1n this charter, reciting i i ; s charter, reciting in such proclamation the dif- erent officers to be elected at such election. Electi ; vis : Election proclamation.—Political Code, sees. 1053-1056. ; I'he object of the proclamation is to give notice of the election cople v. Weller, 11 Cal. 49; People v. Burbank, 12 Cal. 378 m . . i i The Palme Is necessary to the validity of the election Tene v. Porter, 6 Cal. 26; Kenficld v. [rwin, 52 Cal. 164; People v. Weller, 11 Cal. 49: People v. Thompson, 67 Cal. 627; Page v. Los Angeles, 85 (fal. 50. a ve How plosed: San Luis Obispo v. White, 91 Cal. 132 23—CHARTER. Tr. X11. : ; T RE uy Are. Xl Pousric UTILITIES. of the people of the city and county ties shall be gr 338 ARTICLE X11. ACQUISITION OF PUBLIC UTILITIES. It is hereby declared to he the purpose and intention that its public utili- adually acquired and ultimately owned by the city and county. To this end it is hereby or- dained : Within one year from the date upon SECTIoN 1. effect, and at least every which this charter shall ¢o into two years thereafter until the object expressed in this shall have been fully attained, the Supervisors provision City Engineer plans and esti- must procure through the mates of the actual cost of th completion by the city and county of water works, gas icht works, steam, water or electric works, electric 1 works, telephone lines, street railroads and such as the Supervisors or the people by e original construction and power other public utilities petition to the hoard may designate. In securing estimates of the original cost of the con- and completion of water county, the Supervisors must procure and os of the cost of obtain- struction works by the city and place on file plans and estimat ing from all of the sever: anent supply of cood, pure (hat propositions for the acquisi- thereof, and the in- and perm water for the city and county, in order construction and completion tion, dness therefor, may be suh- curring of municipal indebte mitted to the electors of the city and county as herein- after set forth. al available sources a sufficient 339 > 1 Prt BLIC | TILITIES. (ArT. XII. (SEC 1. Water-w . -works.—Water-worl Tigh ping W ater-works are Tor public and municipal > * « IS » + X oli : ¢ Legislature may confer authority upon wemiel i sto erect vir ‘ mici- Srende aetuhlic nd operate such works, or to purchase worl CH, stablisne ‘ ] o> orks Ig i and to that end to make expenditures, | axes, Issue bonds, ROTO ; oe 8, levy Wavland v Mi 1 and CXerei=e the rieht of oniinent Fo is du - Middlesex County : | ne , ) v, 4 Gray (Mass.), 5 NOY wl ep . - Mass, ), of . Yop, ; Davenport, 36 Towa, 396: ANtornev (4 ! oo 4 0; Hom v Wis, 400: State v. Babcock, 19 N teneral vo Eau Claire, 37 : * Vv. Babeock, 19 Neb. 230; Red > Md. 444: 74 . . 230; Reddall v. Bryan, 11 * ’ § 2 YE) . . oy » \m. Dee. 550: Pittsburgh v. Grier. 22 Pa St 54 < “vw oh oie) Gas-wo rks, —8 i rr o the city may be authorized to buy eas N. ) 4 p + v { . y . . —¢ S \pp. 181 wouis v. St. Louis Gaslight Co., 70 Mo. 69: 5 M + )). S : ( IQ ! , r . 2 *3 * * )e : MO, : | 5 1s ( 0. VV, Wheeline, S \W Vy 39) - >: Grier. 22 Pa. St. 54 va. 320: Pittsburgh v. Railroad Ss. — JA HCD [1 rae J ipal corporation may he authorized to ‘ »butldime within its limi rai : | h | u limits of railroads. Di Corp. (4th. Ed), sees. 153 of sey . Dillon on Mun. Public utiliti i utilities 1 ' bilities mist 1a n da he power to acquire public : cexercersed within the Timi ; we limits as preseril act conferring it i s as prescribed by the ’ img it. Quincy v. Boston, 148 Mass. 389: N oe ’ Ad O¢ ri MASS, 90.) as y : Vv. Hagan, 9 Baxt. (Tenn.), 195 Nasi A municipal cor : a Tn corporation operating water-works, gas-worl other such enterprise. 1« : ? By pine Ks, fron a vubli nterpr , I=, quod hoe, a private, as distinguished Te 7 i ic, corporation. Wostern Sav. Fund Soe, v Philadel > ¢) jug - nso y . . « ‘l- a, a. St. 175: Cooley on Taxation (2d Ed ), 688 Such a corporation is Ii > 900 OIr'por: Q : ' alist dy ; neelisent poration is liable for injuries resulting from the Lhge construc 1 . . : o } rd : | nstruc tion and operation ol such works hy its oli an A0CNLS. Iii os xr . : 3D! OTS i 2 S Bi v. Hindley Local Board, I. R. 10 Q. B. 219; McAvoy v. N.Y, 54 How. P iE ms « dB 20nd a say w. Pra. (N. Y.) 245: Bai i 3 Hill (N.Y.), 531; 38 ( -) #155 Bailey vo. NOY, | YN Sal Y.), 95311 38 Am. Dee. 6695 2 Denio (N.Y), 433 VY V, Ni ako OCitv 213 i rs N. Y.), 455 So 4 : t Lake City, 3 Utah, 63; Wilson v. New Bedford, 108 Mass. 261: 11 Am. R a= Su es : > : ; 11 Am. Rep. 352; Mendel v. W i 9a, Fm 1 Yard v. Wheeline., 28 \W r. 2350 57 Am. Rep. 665. LW. Vs As to the s Loic ’ A submission of the ordinance to the vote of the people, see Charter, art. 11, ch. 1, sees. 20-21. and see. 3 of thi chapter. » sees. 20-21, and see. 3 of this | i 1 | { Arr. XII. PusLic UTILITIES. 340 SECs. 2-3. } “cl 20 After such plans and estimates shall have heen procured and filed, the Supervisors shall, at as carly a date as they may deem for the best interests of ihe city and county, enter into neeotiations for the per- manent acquisition by the city and county, by original construction, condemnation or purchase of such or any of said public utilities as they may regard most impor- Gant to the city and county to be first acquired, and to formulate and submit to the electors of the city and county, at a special election, propositions for the perma- nent acquisition and ownership thereof. Before submitting propositions to the electors for the acquisition by original construction or condemnation, of public utilities, the Supervisors must solicit and con- sider offers for the sale to the city and county of existing ntilitios in order that the electors shall have the benefit of acquiring the same at the lowest possible cost thereof. Spe. 3. When a petition or petitions signed by elect- ors of the city and county equal in number to fifteen per contumn of all the votes cast at the last preceding gen- oral election shall be presented to the Supervisors, set- ting forth that the signers thereof favor the acquisition hy the city and county of any public utility, and requesting the board to prepare for submission to the electors of the city and county,as hereinafter provided, a nroposition for the acquisition of such utility, it shall be the duty of the board to immediately take such steps or to enter into such negotiations as will enable it to for- mulate such a proposition for submission to the electors ax aforesaid. Such proposition shall be so formulated and completed within six months from the date of the 341 Pesrie Uriniries, A filing of such petition. The Clerk of the Supervisors must, immediately upon the tiling of the aforesaid peti- tion or petitions, after examining and verifying the signatures thereto, transmit an authenticated copy thereof, without the signatures, to the Board of lection Commissioners, and another such copy to the Mayor, together with a certificate that the required number of signatures are appended to the original. The Mayor shall aiso have the right to formulate and submit to the clectors a separate proposition from that formulated by the Supervisors for the acquisition of the utility named in said petition. At the next municipal election after the formulation of such propositions by the Super- visors and the Mayor, the Board of Election Commis- sioners shall submit to the electors the two alternative propositions. The proposition receiving a majority of the votes cast thereon shall be adopted; but in case the votes cast in favor of both propositions shall not exceed one-half the total number of votes cast thereon, both propositions shall be deemed rejected. Nothing in this section shall be so construed as to prohibit the Supervisors from responding to the afore- said petition of the electors requesting the acquisition of any public utility by proceeding at once, without the submission of propositions to the electors as aforesaid, to pass an ordinance declaring its determination to ac- quire the same as provided in section six of this article and from proceeding thereafter to acquire the same in. the manner hereinafter provided. Initiative. —In order to thoroughly understand this section, it must be read in connection with sections 20 and 21 of chapter I of article TT of this charter. In the note to section 20, it was ES cerca EE STE En miei A A ST oR be Hh § i 81 i i iE oh he i bo bhi | Ht ¥ in EE oh Lh i Pusric UrILITIES. 342 sugested that that section was unconstitutional on the ground that it was an improper attempt to delegate legislative functions. But as to =cction 21, which provides that © every ordinance in- volving the granting by the city and county of any franchise for the =upply of light or water, or for the lease or sale of any public utility . . . must be submitted to the vote of the electors,” it was suggested that that section was probably valid, ax it was intended that the ordinance should he first passed by the hoard of supervisors and simply approved by the electors. However this may be, it is believed that the provisions of this section (see. 3) are open wo most of the objec- tions urced against section 20 of chapter I of article IL. It sim- plv provides for a species of initiative, hy which an ordinance, initiated hy the people, is to be passed hy them without the con- sont, and possibly against the will, of the legislative body of the citv: and, for the reasons stated in the note to section 20, it is believed that this cannot be done. it iz true that the only direct effect of the vote is to = deter- mine that the public interest or necessity demands the acquis tion, cte., of any public utility.” (Sees. 5-6 of this chapter.) If this were the only effect of the provision, it would be perfectly valid,—= og acl cleciiol were duh canvassed by the said mavor and Loard of election comnnssioners 01 sala City and County ol dah Fraiici=eo; anid ‘Whereas, 4 ard election a majority ol =uch qualified cloctors of said city and county, voting al such special election, dic vote in favor of and ratify said charter so proposed: and “Whereas. Said mayor and board of election commissioners, after canvassing said returns, duly found and declared that a majority of such qualified clectors voting at said special election had voted for and ratified said charter; and “Whereas, The same is now “This ix to certify that we, James Do Phelan, mayor ol the City and County of Sun Francisco, and Thomas J. Glynn, county recorder of said city and county, have compared the forecoing propo=cd and ratified charter with the duplicates mentioned therein, and find that the sume is an exact copy thereof; and we further certify that the facts set forth in the preamble pre- coding aid charter herein are true, Viated, San Francisco, Cal, December thirtieth, ciehteen hundred and ninety-cight, “ JAMES Iv PHELAN, “ Mavor of the Uity and County of San Francisco. ‘PHOS, J. GLYNN, ‘Count recorder of the City and Count of San Francisco. “ Now, therefore, he il ” Liesolived hy Li dssemhly uf [io Sale of California, [Iie Senile thereof concurring Caomajority of all the members elected to cach house voting for and concurring herein), that aid charter of the City and County of San Francicco, as presented to, and adopted and ratified Ly, the qualified electors of caid city and county, he and the zune is hereby approved as a whole, for and as the charter of said City and County of San Francisco.” in adopting a frecholders” charter the Legislature may act by concurrent resolution, without the approval of the Governor. Brooks v. Fischer, 79 Cal. 173; In re Strand, 21 Pac. Rep. 654 People v. Hoge, 55 Cal. 6125 People vo Gunn, 85 Cal. 238. The Lecislature cannot conclusively determine whether or not the constitutional conditions precedent to the validity of the charter have been complied with, People v. Gunn, 85 Tal. 298. | ¥ |] | | 1 | | 392 SCHEDULE. When the charter takes effect.—DBy the provisions of this schedule, the charter, except for certain purposes, goes into effect on the 1st day of January, 1900. Section 8 of article XI of the Constitution provides that, if the charter is = approved by a majority vote of the members clected to each house, it shall be- come the charter of such city,” ete. Under this provision there might be some question as to whether or not the charter does not take effect as soon as adopted by the Legislature: but it is not be- lieved that this is the effect of the provision of the (fonstitution. Population. —' he question of the population of the city and county is determined by the United States (‘census and not by the act of February, 1897, (Stats. 1897, 28). In re Mitchell, 120 Cal. 384. Effect of charter. Charter to supersede existing charter: sce Intro, p. 8. Charter to supersede amendments to existing charter: see Intro., p. 10. (Charter to supersede laws inconsistent with charter: sce In- tro., p. 11. Recording of charter.—A duplicate of the charter was delivered to the recorder of the City and County of San Fran- cisco on the 26th day of March, 1898, who placed upon it the following indorsement : “ Received from the board of frecholders the within proposed new charter in the forenoon of the twenty-sixth day of March, in the vear one thousand eight hundred and ninety-cight. “THOS. J. GLYNN, « Recorder in and for the City and County of San Francisco, “By J. G. NooxaN, Deputy.” Unless a duplicate of the proposed charter is delivered to the mavor and recorder of the county, an election approving the charter is void. People v. Gunn, 85 Cal. 238. Validity oi charter — How determined. —The valid- ity of a frecholders’ charter may be determined upon a proceed- ing to oust the mayor and to annul the charter, if the proper parties are made defendants. The municipality, real or pre- tended. must be made a party. People v. Gunn, 85 Cal. 238. APPPENDIX. Front-foot mode of assessment.—Since the foregoing pages were placed in the hands of the printer, the decision of the Supreme Court of the United States in the case of Norwood v. Baker, 19 Sup. ('t. Rep. 187, has come to the notice of the author, On page 205, supra, the cases were cited upholding the constitu- tionality of the so-called * front-foot ™ method of street assess- ment; but by reason of this decision a more extended discus- sion of the subject seems to be necessary. The Supreme Court of thiz state early upheld the validity of that method of assess- ment. So firmly was the validity of the method settled that the court refused to even consider the question in the case of Jers nings v. Le Breton, 80 Cal. 8. But the decision of the Supreme Court of the United States in Norwood v. Baker, supra. sees to conclusively settle that the entire system of street assessments according to the front-foot method is unconstitutional and void. The facts of that case were these: The statute of the State of Ohio provided that the expense of work upon streets ” 2 tt A} "X U NN LX 5 Or od i INDEX. A ABSENCE, salary not to be allowed for. .......... Nixty days from the State, when permitted. oo. ACCOUNTS, Auditor the custodian of... o.oo... Auditor to examine and settle. o.oo 0000. Investigation of, hy Supervisors. .............. Method of keeping in Auditor's oflice. oo. 0... Treasurer to keep each separately... o.oo... ACQUISITION OF PUBLIC UTILITIES (see Pub lic Utilities). ACTIONS, against City for injuries... .. By City Attorney, when... .................... By District Attorney, When. ... ........ cc... Civil Service provisions, violation... ........... [For recovery of public property... o.oo... LL. Police Court, who to conduet in. ............... To condemn property for public use... 000.0... ADVERTISING, contract for supplies. ........... Delinquent tax list. ........... Ae aa asa ae ae Kor stationery supplies. .........00 c.coivasuvs I'ranchises for street railways. o.oo... Official newspaper for, charges, ete... 0... .. Nile of personal property. ........ cco viivnnn Noliciting proposals for public work. .......... ALMSIHOUSE. under charge Board of Health... .. AMBULANCE SERVICE, charge Board of Health ANIMALS, prevention of cruelty to Prevention of, running at large... .............. AMENDMENTS, to Charter hy majority vote, when To Charter, how proposed by the people. APBRIINTHIN cr tine siiniansinvisssvamnsinvsnis APPOINTMENT, of boards, commissions, and offi- cers (see under appropriate titles). “sss sss see sees Of clerks, deputies, and employees (see under appropriate departments). By Mayor of all oflicers not otherwise specified. By Mayor under Charter, when to be made... Of additional deputies, ete, when and how. .. Of all municipal officers, to be in duplicate... .. Scetion or Subdivision 6) 1 10 | 3-4 .) -— $)s) *)e) —— “ a0 “0~ ede) )e) tt Page 100 TO N2 ol) 164 32 a2 Ht ol ol 1 0 a 114 O83 382 dd i 4 | i a -m 398 INDEX. Section or Subdivision APPOINTMENT (Continued). Of interpreters in Superior Court. ............. Of laborers, by priority of application. ......... Of successors to oflicers removed. ooo Sex to be disregarded, when. ooo Temporary, limited to sixty days.............. Under Civil Service provisions. ............... APPORTIONMENT OFF TAXES... APPROPRIATIONS, money to he drawn ony hy... Warrants drawn only upon unexhausted Weekly statements of unexpended balances... ART. WORKS OI, acceptance and location... .... ASSESSMENT, book of City and County. ........ District, for street improvements. o.oo... Ordinances levying Street improvements, limit to Street improvements, warrants foro... ASSESSOR, election, at what time... lection, qualifications, term, salary........... Deputies, clerks, assistants, and salaries. oo... To assess property as prescribed by law. ...... ASSISTANTS (see under appropriate titles or de- partments). ATTORNEY, City and County (see City Attorney). District (see District Attorney). Special for Auditor Special for Sheriff Special for Tax Collector AUDITOR, accounts of, how kept Adjust accounts of officers monthly Allowance for special attorney Annual estimate of city’s necessities and income Approval of ordinances appropriating money... Audit demands for street work Certificate of, on contracts over $250... ....... Countersign demands on treasury Deduct from salaries for absence. ............. Deliver licenses to Tax Collector $1 © \ ER > WL . > - 21 pd -— -- Demands not allowable, when Demands on treasury to be audited by Demands action in order of registration Deputies, clerks, assistants, and salaries... ..... Election, qualifications, term, salary Endorse “ Allowed” on approved demands. ... INpEX. Section or Subdivision AUDITOR (Continued). Examine claims for mileage fees, ete oo 11 Ifurnish blank receipts to otlicers. o.oo... ... D Have custody of ** Duplicate” receipts. oo... Head of Finance Department of City Joint custodian of public funds. ............... Keep official register of demands. ............. Salary of, audited by Mayor................. School Fund, segregation annually for salaries. . Weekly statements of unexpended balances. oo. B BAGGAGE, transportation of. ..... BAIL BONDS, custody of BAILII'I'S, for Police Court. .......... BEQUESTS, Public Library Public parks... Public schools... ........ BIDS (see also Contracts). Cleaning and sprinkling streets. o.oo 0... I'ranchises for street railroads. ............... I'rinting delinquent tax list. .................. Stationery for public offices. oo. ............... Supplies in general BILLS (see Ordinances). BLOCK, defined Subdivision of BOARD OIF EDUCATION (see under Schools). BOARD OY ELECTION COMMISSIONERS, (see under Elections). BOARD OY EQUALIZATION, oflicers of, ete BOARD OIF FIRE COMMISSIONERS (see under Fire Department). BOARD OF FIRE PENSION FUND COMMIS- SIONERS (see under Fire Department). BOARD OIF IFREEHOLDERS, certification, new Charter BOARD OI IHHEALTH (see under Health Depart- ment). BOARD OF PARK COMMISSIONERS (see Park Commissioners). BOARD OF POLICE COMMISSIONERS (see un- der Police Department). BOARD OF POLICE PENSION FUND COMMIS- SIONERS, (see under Police Department). 399 Page 106 101 fila 115 121 11) 108 267 2 SRNR SRR ey 400 [NDEX. Section or Subdivision Page BOARD OF PUBLIC WORKS (see under Public Works). BOARD OF SUPERVISORS (see under Supervis- ors). BOARDS, DEPARTMENTS, ete. seals for. ....... BONDS, additional may be required Bail and appeal Deputies, ete, may be required to give [oxamination of, by SUpervisors. ........ Liability of officers upon... Official, amounts of. ... ccc. cove rsnereran Official, approval, execution, record or... 0. Public buildings and improvements. o.oo... Public utilities, acquisition of Public works, officers and employees under... Public works, contractors MHACY. .. ovv nse Redemption of outstanding. ..............c.... Sureties on, number of, worth of, ete BOOKS AND RECORDS, open to public. ......... Transfer of, when Charter takes effect BOULEVARDS, designated hy Supervisors. ...... Control of hy Board of Public Works. ......... Railroad franchises on POUNDARY, of City and County BUDGET, annual, prepared hy Supervisors. ...... Contents and action on votoof any item by Mayor. ...........cooreee BUILDINGS, construction of, supervision. o.oo... Construction and repair of public Contracts for lighting public Moving, permits for Municipal, may be acquired or constructed... Wooden, restriction within cortain limits. ..... BUSINESS, exemption from license taxes. ........ C CARRIAGES, hackney, regulation of CARRIERS. regulation of CARS, danger from, regulations to avoid Permits for running temporarily tegulation of, in streets. .. CENSUS MARSHALS, school CERTIFICATES (see Official Receipts). CITARGES, electric power or lighting, regulation of [Fixing of. not otherwise provided 4 a7 % 7 266 INDEX. 401 section or Subdivision Page CHARTER OF CI'TY AND COUNTY, approval of hy the Tewisiature. 0.0 0 eave Certification of, by I'reeholders. oo ooo L. Vtech taf. 0 Ee Pallication: of... 0... coon Lniinnd Ladi, Special election Upon... . oc. iil dada Subject to cONStIntIon, . .... 0.0 ca eh sie seas Subject to zeneral laws. . .. LL Supersedes amendments to existing Charter. Supersedes existing Charter. ................. Supersedes inconsistent laws. o.oo. Terms of appointed officers terminate, when... When, becomes operative. o.oo... ....... When officers first appointed, take otlice CHIEF ENGINEER FIRE DEPARTMENT (see under IYire Department). CHIEF OF POLICE (see under Police Depart- ment), CI'TY AND COUNTY HOSPITAL (see under Hos- pitals). CITY AND COUNTY OFF SAN FRANCISCO, Actions for or against BonmdarN sof, es i sa a, Charter of. ...... Employees of, History of Liability for damages to persons or property. .. Municipal corporation, may hold property. ..... May receive bequests and gifts. o.oo... ...... I'ublic property and rights of Seal of, in whose custody. o.oo... Status of ARE BE ER RE Di CITY AND COUNTY SURVEYOR, Succeeded by City lingineer CITY ATTORNEY, actions, briefs, ete, record of. . Assistants and clerks, salaries and qualifications Board of Education, conduct proceedings for. .. Board of Public Works, attorney for 300ks to be delivered to successor Contracts for Board of Public Works, drawn by Devote entire time to duties of office Duties in reference to suits. o.oo... ooo Election, qualifications, term, salary I'ranchises forfeited, actions to annul LT -CHARTER. EE —————————————————— 402 INDEX. CITY ATTORNEY (Continued). Legal advice to officers, boards, etc............ Litigation, when may settle.................. Police officer on detail in office of. ........ Recovery of city’s money or property.......... CITY BOARD OF EXAMINATION, Members of, powers and duties. ................ CITY ENGINEER (see under Public Works). CITY HALL COMMISSIONERS (see under Public Works). CIVIL SERVICE, appointees, etc., list to be filed. . Appointments of all officers, etc., to be filed with Appointments, transfers, ete., notice of. ........ Candidates not disqualified on account of sex. .. Chief examiner and secretary, duties and salary Classified Civil Service, what constitutes. ...... Classified service, promotions in............... Commissioners of, appointment of. ............ Deputies, clerks and employees exempt from. .. Examinations, practical in character........... Examinations, rules, regulations. .............. Expenses, office rooms, etc. ..........c.coevnn. Laborers appointed by priority of application. .. Names of candidates stricken from register. ... Officers and departments under........ CL Police Department, governs new appointments Positions, rules governing. ................... Public notice of examinations. ................ Public offices, Commission may investigate. ... Probation of candidates. ... . Prosecutions, for violation of................. Purposes of, not to be defeated................ Registration of successful applicants.......... Removals, suspensions, ete.................... Report annually to Supervisors................ Term of office, salary, qualifications. .......... CIVIL SERVICE COMMISSION (see under Civil Service). CLAIMS (see Demands). CLASSIFIED CIVIL SERVICE (see under Civil Service). Section or Subdivision GL IN I 14 6 10 22 13 pi — —--go NCO td pd tp SOL = OU A CO NO = SOR oD 18 Page 132 INDEX. getion or CLEANING OF STREETS, Supervisors to regulate : as” ii Board of Public Works, special charge of. ..... 29 Board of Public Works, control of. ............ 3 CLERKS (see under appropriate departments). CLERKS, ASSISTANTS, EMPLOYEES GENER- ALLY (See Deputies). CLERK OIF BOARD OIF SUPERVISORS (see un- der Supervisors). COLLECTION, fees, percentages, ete............. 3 HAC CTIEOR ly se sieve vinns rannirin vo vininns nisin mins 15 Tolls for Wharfage. .. .......cocc.ceeavoseives 2 COMMISSIONERS AND BOARDS (see under ap- priate headings). COMMISSIONS (see Fees). COMMON SCHOOL FUND (see under Funds). COMMON SEAL, for City and County. ........... 23 COMPENSATION (see Salaries and Ifees). CONCURRENT RESOLUTION...........ccvv..... CONDEMNATION, of property for public use... .. 12 Private property for street improvements... ... 1 CONDUITS, franchises for laying. ................ 5 Board of Public Works, control of. ........... 7 CONSTITUTIONAL PROVISIONS RELATING TO CHARTERS. .......cccoveiiiiniiininnnns CONSTRUCTION of schoolhouses................ 1 Newer SYSIeml.. .... .c..c vr oh a a 22 Municipal buildings, ete..........cc iin. 29 CONTEMPT OF COURT, in Police Court......... 3 CONTRACTS, award of, by ordinance. ........... 1 City work, maximum hours, minimum wages. . 1 Countersigned by Clerk of Supervisors. ........ D Days’ labor, Board of Public Works....... . 9 Deposit to be made with bids. ................ 1 Exceeding $250, subject to restrictions........ 10 Bxecuted DY Mayor. ..............cccoeenssons S Executed in name of City.................... 5 Fire Department, provisions governing........ 4 Let to lowest bidder.............c.evvvvvun.. 1 Lighting streets and public buildings.......... 6 Official advertising............ccovveveirrer.. 2 Officials not to be interested in............... 6 Parks, provisions governing.................. 4 Penalty for aiding bidders.................... 4 PENT ... hee srsceessssnetinisisisunvsnsns 2 Proposals to be advertised. ................... 1 403 Page 51s) Ho 23% 160 101 55 261 389 955 240 i 160 278 ot 380 147 - -— i 160 372 359 84 82 78 1 | 1 f 404 INDEX. : INbEX. 405 Section or oi Section or Subdivision Page Subdivision Page dn so ar CONTRACTS (Continued). Proposals to be opened before bidders. ....... Public work School supplies, .........c:caa vi ravrrinanvan Stationery Supplies, bids for separate articles. ........... Supplies for prison To be in writing COPYING, in County Clerk's office, charges for. ... Public records, price of, ete... COPYISTS, in County Clerk's office. ............. CORONER, deputies and assistants and salaries. . Duties as prescribed by law... lection, qualifications, term, salary.......... Election of, at what time, .................... Morgue, to have management of... CORPORATION STORE YARD, Public Works. . [Fire Department Materials to be kept in Storekeeper appointed for, dmties............. COUNSEL, special (see Attorney). COUNTY CLERK, copies, charges of Court moneys for Special Deposit ['und Deputies, assistants, clerks and their salaries. Election of, at what time. ...............0n. lection, term, salary, powers and duties. ..... Moneys to be paid for Law Library Police Court Clerks appointed by COUNTY JAILS, Supervisors to maintain, ete. . COURT, Justices’ (see Justices’ Court). Police (see Police Court). Superior (see Superior Court). CRUELTY TO ANIMALS, Prevention OF... iis CUSTODY OF PUBLIC MONEYS. o.oo D DAMAGES, claims, when presented. ............. Irom defective streets... nn DEATIIS, Board of Health provide registration of. DEFALCATION, public officers, proceedings against Suspensions from office OF, . nie a DEFINITION OF CHARTERS . wv ww — Ie 18 & 2 NS DN ee pe pe — Co pt 8 163-71 271 =3 78 ob 100-9 DELINQUENT TAX LINT, publication of Taxes, collected by Tax Collector. ............. When collected, how used. .................... DEMANDS, against treasury, Auditor's approval. . Against treasury, remaining unpaid. .......... Against treasury, to be specific Against treasury, when barred. .............. Against treasury in any one month.......... Approval by proper board before payment. ... Approval of, penalty for illegal. ............. Authority for, to be shown..... Cancellation of... ........c..0 ciuivaininiiiiin Common School Fund Damages, to whom presented. ............... Must specify items, date, provision in Charter. No invalid, to be paid........ Payment of Payment on presentation, if audited. ......... Persons, ete., indebted to city. ............... ReSIStPAION OF. .. .... cies isn in Revival of, when Salaries, ete, payable monthly. ............... Street work, by contractors. ................. To he payable in order. .............u.0viee DEPARTMENTS (see under separate headings). DEPARTMENT OIF ELECTIONS (see Elections). DEPARTMENT OY ELECTRICITY (see under Electricity). DEPARTMENT OF PUBLIC HEALTH (see un- der IHealth Department). DEPARTMENT OF PUBLIC WORKS (see Pub- lic Works). DEPUTIES (see under appropriate departments). Additional, how provided... .. Duties of, as assigned by heads of departments General qualifications necessary. ........ Removal of, when and how Salaries proportionate to actual services. ..... DETECTIVES (see under Police Department). DISBURSEMENT OI' MONEY, authority of.... By Treasurer only Of School HONECYS. . .....vinvrinrsinsrnnnnesnsrs DISTRICT ATTORNEY. assistants and clerks, salaries and qualifications. ... Election of, at what time 32 126-7 99 116 09) 118 110 89 117 374 108 123 267 12: O. 110 123 117 119 110 110 208 90 RE A a A 5 5 A wa i A WEEE EJ 255 tA A A Le 406 “INDEX. Section or Subdivision DISTRICT ATTORNEY (Continued). Election, qualifications, term and salary..... General duties, ete., of Police Court, conduct cases in Property levied upon for fines, purchase of. ... Warrant and Bond Clerk, appointment of.... DRAINAGE AND SEWERS (see Sewers). DUTIES (see under separate boards and officers). CU b= tv 0 =~ E ELECTION COMMISSIONERS (see under Elec- tions). ELECTIONS, governed by general laws of State. Management and control of Municipal, what officers elected at Municipal, when to be held Officers first elected under Charter, take office Officers elected in 1898, retire when Officers of, to be under Civil Service. ..... Officers of, salaries, services. ................. Precinct registration, to be provided for Proclamation for municipal Special for issue of bonds, proceedings. ...... Special, on new Charter Special, upon acquisition public utilities ELECTION COMMISSIONERS, Action by initiative of the people Action by referendum of the people. .. ... Action, amendments by the people Appointed by Mayor, when Clerical assistants, duties, compensation, ete. Control and management of elections. .... Election of President of, etc Five members to constitute Provisions for precinct registration Qualifications, term, salary, classification of. To abstain from political acts............ REGISTRAR of VOTERS, Abstain from political acts. ......... Appointment of, term, salary, duties. ... ELECTRICITY, DEPARTMENT OF, Appointment of assistants, salaries Chief of, qualifications, appointment, salary. ... Connection with the system by citizens OU Nm eee ' — ro wo NR No No =O DO = OU CO He ro wo CL WwW Page 134 135 135 137 149 INDEX. Section or Subdivision ELECTRICITY, DEPARTMENT OF (Continued). Fire and Police Departments to control their OWN SYSECMIS. ......... ccs vevin sansa, Fire Alarm and Police Telegraph, in charge of. Inspection and supervision of wires. . Sent Joint commission to control, how constituted. . ELECTRIC LIGHT AND POWER (see Lighting). ELECTRIC LIGHT WORKS, acquisition of...... ELECTRIC POWER, charges for, regulation of... Franchises for erecting poles or wires. ....... Location, quality, Fates. ... .. cco venvnnvens EMERGENCIES, approval of tax by all Super- visors Extra taxation for, Nchools, cases of EMPLOYEES, general rules governing (see Of- ficers). In classified service (see Civil Service). Qualifications generally required Removal of, for cause and after trial. ......... EMPLOYMENTS, exempt from licenses. ......... ENACTING CLAUSE FOR ORDINANCES EQUALIZATION, Board of. ..................... ESTIMATES, City's annual expenditures. ........ Yearly expenses furnished by boards, ete EXAMINERS, for Civil Service appointments. . EXECUTION, City property levied on, purchase of Of trusts confided to City EXECUTIVE DEPARTMENT (see Mayor, Audi- tor, Treasurer, Assessor, Tax Collector, Coroner, Recorder). EXPENDITURES, annual estimates by depart- ments — NWI W CU = Io Auditor to prepare estimate of annual Limit of, for school purposes. . . Limit of tax levy for City’s. ................. Tax levy to contain specific items. ............ EXPENSE, definition of, in street work F FAIR OR EXPOSITION, when permitted parks : FARES, power to regulate street railroad 408 INDEX. FEES, County Clerk, for copies, ete. of records. . Deputies, clerks, employees to receive none. . Official services... vives Percentages, ete, to be paid into treasury. ... I"ublic Administrator’s.. Salaried officers to receive none. FILONY, reward for conviction of. . FINANCE COMMITTEL OF SU PI RV ISORS, duties Ferhat ah Jay Water and L ii companies, examination of BOGIES a rea eae Sal lle FINANCE AND TAXATION (see Taxes and Funds). Department, Auditor the head of. FIRE ALARM AND POLICE TEL 1G R. APH (see under Electricty). - FIRE COMMISSIONERS (see under Fire De- partment). FIRE DEPARTMENT. appointment of mem- BLS OF. Ge ha es ele aia Appointments and dismissals for cause. ..... Civil Service not to apply to present members. . Companies, engine, hook and ladder, tower, CLC i ee wm ee eR aS Rae ee haw Contracts, provisions governing. ie . Fines on members, how deducted and applied. Members disabled. when allowed salaries... ... Members killed, pensions to families. ........ Members to be engaged inno otheremployment. Members of, may be pensioned when. ......... Members of, may be dismissed when. ......... Officers and employees of... o.oo Officers and employees removed for polities... Officers and employees to abstain from polities. Qualifications of appointees. ................. Salaries of officers and members. Supplies. how and when delivered. ............ Tax levy. to meet all demands of............ To be re-organized. when. ................... Under management of Fire Commissioners FIRE COMMISSIONERS Abstain from taking part in polities... ..... Appointed by Mayor... on Composition of, as to politics. .. hie Contracts. how to be awarded. ete.......... section or subdivision Page ) 39 2 101 17 Ht 3 101 I 137 2 101 21 56 3-4 68-9 4 69 1 115 1 310 7 308 1 319 1 312 + 311 S 309 3 310 D 37 10 309 3-4 316 2 310 1 310 32 381 32 381 G 308 1 319 9 309) 2 316 1 310 1 306 32 381 1 306 2 307 4 311 INDEX. FIRE DEPARTMENT (Continued). Corporation store yard. ..................... Dismissals, When .........c 00 ceeei danas Estimate annually amount for relief tund... Fire Department under management of... .. IFour members to constitute. ................ Ineligible to any elective office. ............. Number and duties of members of Depart- BCE. i i ai aa a aia) le ae ae Organization of the Department............ Pensions to firemen, when................. Political interference cause for removal. ... President and Secretary of, duties, salary Property and money for Department. ........ Qualifications, terni, Salary. .......cc..vevuve Those first appointed, classification. ......... CHIEI" ENGINEER, Chief executive officer Department... ....... Powers and duties of.... FIRE MARSILAL, appolittmet nt dof ot assist: nts City not liable for salaries of............... May sell property saved, when. ... Powers, duties, salary. ..........ccoienvnnns Report of, when crime suspected. ........... FIRE PENSION FUND COMMISSIONERS, meetings, records, powers, duties, proceed- IES oS a a a eee FIREMEN'S RELIEF I'UND., Condition of, reported quarterly............ Estimate of amount annually required. ..... Moneys to be paid into............ PAVINENES PROM... o.oo di iinns sven minain a P’ensions issued, when...................... Pensions to families, when and how. Under control of ire Golmitsioners 8. a, FIRE WARDENS, who constitute. ....... FISCAL YEAR, budget of amounts estimated. .. Commences and ends when. .................. Revenues and expenses for each. FOURTH OI JULY, appropriation for celebration of ..... ane yi ais ae tials lye a a aes avai FRANCHISES, existing, when declared forfeited. . Forfeiture of, power to declare. ............... Forfeited, how revoked or annulled. ........... Section or Subdivision ~- — . - 8-9 on 19 =1 124 = 409 Page 309 310 318 306 3006 380 308 308 316 381 307 308 306-7 307 S11 311-12 13 S13 314 313-15 S314 318-19 318 318 316 318 316-17 317% 315 56 379 7 112 ii | i 410 INDEX. Section or Subdivision FRANCHISES (Continued). Lighting purposes or electric power. Light or water, submission to people. . No exclusive, to be granted Officers prohibited from being interested i Ordinances granted, before final action Postponement of final action for vote of people Steam railroads, power 1o grant. ........ Street railroads, term of, ete... Time required before renewal FOR STREET RAILROADS, general condi- tions Bids may be rejected. .. Extension or renewal ofc... Highest bidder to receive. ......iiaeinen Percentage paid to the City. ; Roads owned by City at expiration of. FREEHOLDERS, Board of, coriificakion (Charter FUNDED DEBT OF CITY, liquidation of FUNDS. accounts of each, kept separ: ite. Balance of any fund ceasing to ex Xist Balances remaining in ex Xisting. ......0..0n Contingent, $3600 annually for Mayor........ Moneys remaining in certain No transfer from oue to another. ............. I'rovision for, from January to June 30th, 1900 Redeeming bonds for cospaction of buildings. Special, for Surplus in certain, po pay nist: inding bonds. Transfer of old to new. When cease to exist COMMON SCHOOL FUN Amount segregated anni dis for salaries. Consists of what Demands against, how paid Demands, piel by ‘Hoary of Education. ILmergency, Limit of tax for Money from bequests or sales of property... Regulations for disbursement of Repairs of sc ‘hoolhouses paid out of Residue from, not to go to Surplus. ......... Teachers’ salaries to be paid from Page 74 49 42 oT 70 42 70 70 70 70 70 70 388 98 120 386 383 59 99 96 383 380 a6 100 383 386 267 2706 267 108 277 276 268 267 279 95 267 INDEX. FUNDS (Continued). GENERAL FUND, Consists of what Money received from franchises to go into. . Payments out of Street improvement, what expenses paid. ... Tearing up streets, expense of deposited in. . Transfer of what previous funds to LIBRARY FUND, Consists of what How created and applied Payment upon, how ordered. ............... Used for what purpos PARK FUND, Consists of what Used for what purposes. ................... PUBLIC BUILDING FUND, Sale of bonds for, to be paid into. ........... SINKING FUNDS, Disposition of accumulated moneys i Existing, to continue how long. . Provision for SPECIAL DEPOSIT FUND, Used for what purposes................... SURPLUS FUND, Consises of what U NAD PORTIONED I’ BE IFUND, Consists of what GARBAGE, Board of Public works to dispose of... Pipes, power Quality of, power "y regulate. ....... Rates, Supervisors to fix yearly Works, estimate of, for what purpose made. . Plans and estimate of cost for acquisition of. Provisions for acquisition of GENERAL FUND (see under Funds). GENERAL LAWS OF STATE, To govern all municipal elections. ............. What are GIFTS, for positions debars from office To public officers prohibited Section or Subdivision Le > NN Ov J e¢) ede) — -— -e - a gn St iy | at . SU QT Lorn DI 338 8-47 412 INDEX. Section or Subdivision Page GOLDEN GATE PARK (see Park Commissioners). GRADES, change of street, compensation for.... 20 Street, who may recommend change of. ...... 20 GROUNDS, public (see under Park Commissioners). H HARBORS AND WITARVER, Juilt and repaired hy Board of Public Works. . May be leased, but not sold Tolls for wharfage and dockage. ............. Under control of Supervisors................ HEALTH DEPARTMENT, General powers to regulate Police officers are also health officers. ......... Under management of Board of Health. ....... BOARD OY HEALTH, Appointment of physicians for City ITospital. Appointments of, all under Civil Service. ... Chief of Police member of lcmployees of, number, how determined. . ... Five members appointed by Mayor Internes for City IHospital, appointed by... . Officers and employees, appointed hy. ..... Powers and duties of President Board of Public Works, member. . Qualifications of five members of Registration of births, deaths, ete... Rules and Regulations adopted by.......... Salaries of officers and employees. o.oo... Serve without compensation. ....... Term of office of, four years........ Seven members to constitute Ward in City Hospital for inebriates. ....... NOSPITALS, regulation and maintenance of CITY AND COUNTY, Internes may be appointed for Medical students given facilities in Resident physician for Under charge Board of Health Visiting physicians and surgeons for Ward in, for treatment of inebriates. ....... UCEIVING, In (Large of Board of Health HOURS OIF LABOR, power to regulate. ..... INDEX. I Section or Subdivision IMPROVEMENT, definition of in street work 206 IMPROVEMENTS, how provided. when exceed revenue of city INDEBTEDNESS (see under Bonds). INITIATIVI, passage of ordinances by INSANI, temporary detentfon of..... INTERNES, for City Hospital INTERPRETERS, appointment Superior Court... Coroner's juries examinations. ............... Superior and Police Courts. ................. J JAILS, power to provide and maintain. ......... JOINT CUSTODY SADIE JUDICIAL OR LEGAL DEPARTMENT (see sepa- rate offices). JUDGES (see Justices’ Court and Police Court). Superior Court, reporters for................. Interpreters for, payment of. ........... Interpreters for, when may be appointed JUSTICES COURT, chief clerk, salary Deputies, their salaries. . i Election of, at what time. ................... Justices of the Application for, by priority of registration. ... LANDS, City and County may be sold or leased. . 413 Page ) 232 380 igh JJ 57 309) Hs Condemnation of, for new streets. ............ 240-56 Condemnation of, for sewers.......... Conveyance of certain of the City. ........... Park Commissioners control what. ............ Purchase of, for school purposes. ............. Purchase of, over $50,000 LAW LIBRARY, act of, continued in force. ..... Provision for maintenance of LAWS, power of Supervisors to enact local... ... LEASE, lands for school purposes. ... Power to, lands of City 25% a8 303 289 49 153 153 266 58 414 INDEX. Veni wh Section or . : ston Page Seerjon or al TL va ‘ : Subdivisi ) » LIGHTING (Continued). ; Son. Tage 361 tegulation of |: > °) . ) LLISASE (Continued). Public parks, part of, restrictions. ........... School real property not needed. ............. Upon expiration of railroad franchise........ Wharves, provision for LEGAL ADVICE, City Attorney to all depart- 263 Streets and public buildings, contracts for ( 74 Streets, under control Board of Public Works. . 261 Under charge Board of Public Works. ....... LIMIT OIF TAXATION, City and County purposes. LIMITS, erection wooden buildings. ............ LIQUOR, Police Commissioners may grant per- mits LOST OR STOLEN PROPERTY (see Property). ments District Attorney's duty to give certain officers. LEGAL DEPARTMENT (see under separate headings). LEGISLATIVE ACTS OF CITY, by ordinance... . LEGISLATIVE DEPARTMENT (see Supervisors). LEVYING OF TAXES (sce Taxes). M LIABILITIES, for injuries from defective streets. . 30 MAYOR, acquisition public utilities. ..... Not to exceed nonthly proportion. ........... 89 Acting Mayor, provision for......... Not to be paid from funds of another year... : 91 Additional deputies, etc, may recommend. LIBRARY, books and publications, purchase. ..... 282 when Yequents, obe., in aid of 2%] Appointment of deputies and their salaries. . City property may be used for, when. ......... 28.5 Appointment officers not otherwise specified. . er ondary Panik Appointments under new Charter, when Library Fund, payment out Of. i 253 Abprove or veto ordinance Managed by twelve trustees. .........-c...-- 280 Audit Auditory salary Meetings and proceedings. ........oooceene 2% Board of Kducation, appointment Poseors oi dutionof assistants preseribed. . .. 28:3 Board of ITealth, appointment of five members 982 Board of Public Works, appointment. ......... 282 Chief executive officer of City. ................ 98: Civil Service Commissioners, appointment... .. 28 Contingent fund of $3,600 annually. ........... 98:3 Contracts to be executed by. ............... 280) Contracts to be supervised by : 280) Defaulting officers, action of. ................ Vacancy in Board Trustees, how filled 281) Disability of, who to act as Mayor........ LICENSES, collection of, by max Collector 126 Election Commissioners, appointment of... : | | [ixamination of, by Tax Collector... 4 127 Election qualifications, term, salary. ........ Revocation of, by Tax Collector, when. ....... 127 Bleetion of, ut i ; ; 2 Employees, removal of, when Ix-Mayors entitled to seat with Supervisors... Extra sessions of Supervisors, may call. ....... Fire Commissioners, appointment of Franchises, annulling of, action of Franchises, postponed for final action........ General duties and supervision of municipality. Military aid, may call for, when............ nr 2 Official bonds of officers, action of Park Commissioners, appointment President. librarian and SCCTCLArY. ove ieee Rules, regulations of library and branches. ... Splaries of assistants. ........covarrrsvnerens Tax levy for, and branches. .. cocoon rust for, administration. ...........oeveee Trustees of, continued in oflice. . Trustees to serve without SAIAYY. «vo Supervisors to provide for collection of Tax Collector to make monthly reports on. ..... What may be licensed LIGHTING, appliances, location and quality of... Charges for, regulation of Companies, Hooks experted by Supervisors. ... IFranchises for erecting poles or wires. ........ I'ranchises submitted to vote of people Public officers, bills for Rates to be established for...... .e wv .e vw - - Io ce se wv ww 416 INDEX. Lene Section or NDEX. Subdivision 4 1 7 MAYOR (Continued). Parts of ordinances, objection to............ 0 Section or Police Commissioners, appointment. ........... President of the Board of Supervisors. ....... Presiding officer Board of Supervisors. . ~. .... Proclamation for municipal elections. ...... Removal or suspension of public officers, when. 14 +3 1 286 OATHR, clerk of supervisors to administer. . . ne ji 114 All officers may administer a oy re s OFFICE HOURS, of public officers it ie 937 OFFICERS (see under appropriate titles). ii 376-7 Absence from State, limitation on. .... .. 3 a= 111 Accounts of, investigated by whom a : a G8 Additional deputies, provisions for. .. ‘ oe 4 Annual reports to the Mayor a See 280 Appointments of, to be in duplicate... .... oy 11-4 Appointed, when and how removed... .. j Ga Mh 89 Books, ete, to be delivered to successors. : ie Oe 56 Books of, open to inspection. .............. i on ale 37 MILITARY AID. may be summoned, when 111 Bonds of, to be given 366 MISCELLANEOUS PROVISIONS OF CIHARTER. 371-86 Classification of, filing of records......... 217 GS-9 Compensation limited to salaries only....... 0 376 Compensation for positions, ete., not allowed. . 873 116 Copies of records, ete, price for certified. ..... : ly RY) Defalecations, or misdemeanors, proceedings... Bail. aceounting of... cers vrsicsensssrernen ; 149 Default of, actions regarding oo Collections of. paid into treasury 100) Employees of, number how limited p= 75 Gold and silver, how to be kept 121 Elected in 1898, to retire when or Outstanding bonds, for liquidation of. ......... 100 Election of, when, under new Charter 332 Remaining in certain funds, disposition of. .... 99 Eligibility for public 375 20 Pees, etc., to be paid into treasury 101 90 First elected under Charter, take office when. . : 337 23 Grajuities, penalty for accepting 370 Provision for hy Supervisors. ................. 55 Liability of, for illegal payments. ............. 374 MUNICIPAL AFFAIRS, what are 19 Mileage fees, ele, report of 106 MUNICIPAL ELECTIONS, (see Elections) Monthly reports of all official receipts. ....... 103 MUSEUM AND ART GALLERY IN PARK } 361 Moneys collected by, to be paid into treasury. . 100 Not to hold other salaried offices. ............. 371 Oaths, power to administer am Office hours : 3s NATURE OF CHARTER Official seals for, to be provided.............. os Penalty against, for false certifying........ NEGLECT OF DUTY. suspension from office for. . Penalty for favoring bi NEW CITY HALL COMMISSIONERS (see Board PO a a te... ; db ) rest in contracts, ete of I'ublic Works). tad Penalty for not depositing f SC NEWSPAPER. all publi «ations to be in official. ... 5 ml for ROZ Hoping hunas Solleesed iP, ftrens : g salaried offices Ohi al, to he Sougiin, en Removal of deputies of, when and how........ NUISANCES. a ae he n He B moval o Salary withheld from, for not making returns. . Abatement of, by Board of Health Supervision of official conduct of, by Mayor Supplies for, how limited Stationery for, not to contain printed names of. hk » DY 4 Tt Nr - > Suspension of officers in certain cases. ........ Suspension of officers, when Tax limit, approved suspension of, when Trustee Free Library and Reading Rooms. .... Vacancy in office of, how filled veto annual budget, how and when MEMORIAL DAY, appropriation for celebration of Id ) = A= = Wl MONEYS, accounts, investigation of by Supervisors All to be deposited daily in treasury Auditor's approval for payment of Auditor's warrant necessary to draw. .........: C0 = SC Or =~] Street railway franchises, disposition of To he drawn by appropriations, how MORGUL, Coroner to control and manage & © = = 28 —- CHARTER. 418 419 andivisio ki Section or Subdivision Page inks Subdivision Page "FICERS (Continued) ORDINANCES (Continued), Oe of | us Revival of claims 110 nsion | | eran 11 Special elections for issue of bonds. ........... : 344-5 Suspension of, by Mayor, : ; : 1 e f 376 Submission to vote of the people Suspension and removi 1 o hs | ) yp sg effect... usin ] 383 Supervisors’ power to pass Terms of, after Charter takes ¢ HS rt Vaennotes 1h Gffice ob oi Suspending tax limit, approval Supervisors. . : : : 2 rp: . . . V 4 er n of duty, report to Mayor rE ; 112 Vitis of to sumbrase entire siblost jolation « 0 Mayor... tle « pmbrace er subject... OFFICIAL NEWS SPAPER (see Newspaper). : Violation of, jurisdiction Poetics Coir. r Jet of what Ls 104-5 Violation of, penalties for OFFICIAL RECEIPTS, consist of what. ..... 4-5 i tio n, ete 105-6 When to take effect . yon, ete When ke « Action uj . it , 104 GUTH LANDS Auditor to be furnished with i Official reports, annual of each department. .... g 7 ONE-TWELFTH ACT, reference to £ p OPENING OI STREETS (see Public Works). ORDINANCES, acquisition of municipal buildings. Amendment and re-enactment Of. curv snnnnven Approval of Mayor, how valid without. ....... Board of Public Works. Jy petition of electors... By petition, how amended or repealed. Citation of, in presenting demands. 9%0 PARK COMMISSIONERS, appointed by Mayor. . n= Appointment of superintendents, surveyors, 43 engineers, Appropriations for parks, etc., to be expended Bequests and donations for parks............. Classification of. Contracts, provisions to govern Exclusive control of parks, squares. Hone Irair or exposition, when may be peviitted. Lands under control of Lease of plot for State of California.......... Lease of any part of parks, restriction upon. ... Museum and Art Gallery, under control of. ... Number of members of Ordinances for park government, adopted by. . Park Fund, consists of what Park Fund, used ror what purposes.......... Park Police Park funds, disbursement of Place of detention for persons arrested Present Commissioners succeeded by......... President and Secretary of Salaries of employees, to be fixed by.. Street sweepings for benefit of parks.......... Tax for support of public parks.... Term of office of, four years. To receive no compensation. . : Werks of art, acceptance and Toc ation of. PAYMENT OF CLAIMS....... PENSIONS (see Firemen’s Relief Fund). (See Police Relief and Pension Fund). Closing of Streets. .........oeeeeeerre verre Confeinmation of pris property. ............ Enacting Existing, in force under new Charter oe “v Final passage of. Final vote by ayes an noes. ‘s Franchises, granting before final action. Franchises for street railways.......... Government of parks, squares and grounds. ... Health, enforced by Board of Health. ......... Improvement of streets. .. Lease of City lands. ......oo orien Lease of railroad franchises. Legislative acts of the City. . Majority of Supervisors necessary to atop: Mayor to enforce Mavor may object to a part of Must be presented to Mayor for approval Park Cominissioners may pass certain. ....... Publication of all Publication of certain. ..............oeneeeene Repeal of Repeal of. for street improvements. .......... ore 1% CL Ww 9 DD =~1 IN - ~ fuk — CH= IY =] 420 INDEX. Section or Subdivision PERCENTAGE, electric power or lighting returns 7 Receipts from franchises granted upon condi- 6-7 PERMITS, pawnbrokers, peddlers, etc f Sale of liquors, less than quart 3 PETITIONS, by electors, how procured. ........- 20 Lease of railroad franchises, submission to Passage of ordinances by electors. ..........-- PIPLS, laying in streets, Board of Public Works. . POLES AND WIRES, light or power transmis- PHYSICIANS AND SURGE POLICE COMMISSIONERS (see under Police De- partment). POLICE COURT, Attorneys practicing in, must be qualified Bondsmen in actions in Calendar of arrests for Clerks. appointment, SAIAPIOS. «0 crv ress vr saan Cloths, UES, «os rvrnsrsnaprnsnranrpr rs years Concurrent jurisdiction with Superior Court... Contempt of Court, in County Clerk, to act as clerk of Creation of Demurrers to complaint Dismissal of cases restricted District Attorney to prosecute all actions in. ... District Attorney to conduct cases in......... Divided into departments. ..........- Election, qualifications, terms, salaries........ Exclusive jurisdiction of what Four judges to constitute Judges, election of, at what time Judges, powers equal to Justices of Peace Judges, term of those elected in 1898. .... ca Jurisdiction of Justices of Peace may preside in, when. ..... Police officers to attend as bailiffs... ... Presiding judge of Prosecuting attorneys for Right of appeal, when lost to defendant...... Rules to govern proceedings Son] Of. cor essesvnpressressns sn Statement on appeal, J udge to settle.......... Stenographers, appointment, compensation, ete. Page 74 70-74 202 45 74 15 INDEX. POLICE COURT (Continued). Trial of cases, in what order..... Trial of cases, prompt and speedy WARRANT AND BOND CLERK, Appointment of and duties......... Authority to deste hail DORGR. ........vnoers Dopiities and SOPOT. . ener Penalty for not keeping office open. .. : a Penalty for receiving bail money by ors. Office of, to be kept open continuously. i . Release of prisoners, contempt...... 2 A i Release of prisoners, power Subject to order of Police Judges, when. ... POLICE DEPARTMENT, Appointments regardless of politics or religion Civil Service to govern new appointees only. ... Consists of what Officer detailed for City Attorney's office. ..... Officers and employees to abstain from politics. Organization of Penalty for political interference......... Present members continued Promotions, how made Rewards for heroic conduct. ............. Tenure of office during good behavior fa SUBORDINATE OFFICERS OI’ Captains, number, duties. .............. Corporals, number, duties. .............. : : : Detective sergeants, number, salaries, duties. Lieutenants, number, duties. ............... sine on IRANI POLICE COMMISSIONERS. Appointment, dismissal of members of Dept... Appointment of Chief of Police Appointment of surgeon, salary Appointed by Mayor : Classification Four Commissioners to constitute Board. ... General powers of. ................ cin Ineligible to any elective office. when... ... Management of Department................ Section or Subdivision — QO a» DW -— ~- pr on =! Ce .e -'w Io 32 1 1 421 Page 147 147 149 149 149 150 150 149 150 149 150 285 208 285 205 295 289 285 381 285 381 208 295 302 285 203-4 203 203 294 499 INDEX. Section or INDEX. 423 Subdivision Page Section or Subdivision Page POLICE DEPARTMENT (Continued). Must abstain from party politics........... 32 3%) Permits for certain sales of liquor 3 288 roc : ; 2 i is wy Political interference, cause of removal 381 Ee re ey ils : Present Commissioners succeeded by 287 Treasurer "retain sy foe. a he oo id Ti narans of, to be Police Commissioners. .... 1 os a POLICE JUDGES (see Police Court). ol PoriCe LAWS, power to make and enforce ee POLICEMEN (see under Police Department). POLIC E OFFICERS (see under Police Department). POLICE RELIEF AND PENSION FUND (see un- der Police Department). POUND, public, regulation of POWERS OF OFFICERS (see under officers). PRECINCT REGISTRATION........ .... PRINTING, contracts for 3 Delinquent Tax list a PROCLAMATIONS, municipal elections... aed 2 PROMOTIONS, based upon merit, service, etc. ... 362 SA bi 202 PROPERTY, levied upon, may be purchased, 291 290-2 0 I Valuable, taken, to be deposited with Treasurer ae Vested in City and County 2¢ STREET IMPROVEMENTS, Limit of assessment upon property owners. . 8 POLICE DEPARTMENT (Continued). Pensions to families, when and how....... w nN et OU MH IC hO CO = W Qualifications, term, salary Restriction as to political party Rules and regulations for government Special officers, appointment of, when Unclaimed property, care and sale of CHIEF OF POLICE, Appointment, term, salary Calendar of arrests. .........cevveevrreeeers Control, manage and direct Police force Detectives, detail, number, salary, ete Exectuion of laws and DProcess...........-.- Fund for contingent expenses..... Member of Board of Health 53 290 152 290 204 201 292 322 separate QW o Ww Parks. squares and grounds, detail Pawnbrokers, peddlers, etc., supervision over Police Court, detail to attend Powers and general duties of Powers of Sheriff, when Subpoenas, detail to SEIVe.............c-e0r Suspension temporarily of policemen POLICE FORCE, Appointment, present and future 298 Command of, by Mayor in certain cases. ..... 112 Health officers by virture of office 295 Parks and public grounds. .......o.eeeeerns 362 Places of amusement, etc 30% Proportion to inhabitants. .. cove vere nes 204 POLICE RELIEF AND PENSION FUND, Aged and infirm, retirement. ........ oven 2 299 Annual report of, by Auditor 13 304 Commissioners of 9-10 302-3 Condition of. reported quarterly 9 302 Death of member, return of certain amount. . 6 301 Deficiency. how provided for..... ryt canis 1 3 504 Fire Department, provisions governing Disabled members, when may be pensioned. . 2-3 299-300 Penalty for collusion Estimate of amount annually required 301 Public work Moneys to be paid into. .........oeeeeerrers 303 Supplies. stationery, drugs, ete....... 4 v > « » 2 J Pas ne ts from ol oh oe PUBLIC ADMINISTRATOR. Pensions issued. when ~" 8 Moneys of, for Special Deposit Fund... ....... Personal, of City, may be sold Power to condemn bk wo “lt = = HH no — Opening of streets through certain property. 1-20 Owners may improve streets, when Performance of, by property owners. ... UNCLAIMED OR STOLEN, May be returned to accused, when May be sold, when Property clerk have custody of PROPERTY CLERK, appointment of, and salary. Custody of certain property Money to be returned to accused, when....... Valuable property to be deposited PROPOSALS (see also Contracts). 424 INDEX. INDEX. 425 Section or Section or Subdivision Subdivision Page PUBLIC ADMINISTRATOR (Continued). PUBLIC WORKS (Continued). — Election of, at what time Commissioners, restriction upon occupation. . 155 Election term compensation, powers, etc Contracts for unfinished work, reletting of.. 170 , term, c¢ $ : 5, By PUBLIC BUILDING FUND (see under Funds). Custody of maps, surveys, contracts, ete. .... 153 Lands (see under Lands). Data, plans, estimates to be furmshed hy.... 152 Moneys (see under Moneys). Employees, compensation, duties, bonds. .... 1 Property (see under Property) Excavating streets, perniits for 160 PUBLIC BUILDINGS, Expenses of, year ending June 30th, 1900 383 Cleaning of, by Board of Public Works. ....... } Garbage, disposal of...... vests sienna 169 Construction of, when exceeds revenue of City. 2 : General superintendence of what 158 Lighting of Meetings of, etc., to be public. ............. : 150 PUBLIC INSTITUTIONS (see under appropriate Penalty for collusion of bidders............ 169 titles). Powers to regulate what 159 Supplies, drugs, subsistence, etc President of the Board : 155 PUBLIC LIBRARY AND READING ROOMS (see President, member of Board of Health. ..... 322 under Libary). Proposals for public work, details of 16 165 PUBLIC SCHOOLS (see Schools). Public buildings, cleaning of 160 PUBLIC UTILITIES, Public Utilities, present and future. ......... : 160 Acquisition of, submission by Mayor to people. : 340 Qualifications, salary, terms : 13% Acquisition of, submission to vote of people. ... : 340 Record of eoniracis and proceedings. ....... 157 Acquisition of, utilities contemplated 338 Records same validity as other records. ...... 228 Board of Public Works control and superintend 169 Secretary of, duties. ...............c.cvvven ; 157 Bonds. issue of, proceedings. ............oo.on 3 342-347 Succeed certain officers 157 Estimates for, procured through City Engineer 338 Superintendents, engineers, employees. ...... 156 Lease or sale of. submission to people........ : 49 Wires, pipes, conduits : 158 Neglect of Supervisors to carry out provisions. oid CITY ENGINEER, Petition for acquisition of 340 Appointed by Board of Public Works. ....... 11 1452 Sale of existing. to be considered - 340 Fees of, to be paid into treasury 1 163 Tax levy to meet interest and principal : HAT Powers and duties. ........... cc ccees cians 11-12 162-3 When cost ean be paid out of annual revenue. . ig STREETS, When cost exceeds annual revenue 342 Acceptance of, when paved and improved.. Li 2:4 PUBLIC WORKS, Appeal from assessment for improvements. . 214 Penalty for collusion in bids for work......... S 154) Applications for improvements, action upon. . 2 1814 Opening and awarding bids for work 164} Assessments, appeal to Supervisors. ......... 216 Regulations of proposals for work 163 Assessments for work, collection of 13 213 Under charge of three Commissioners......... 159 Assessments for improvement restricted. ... 198 Work to be let, how 163 Assessments, how made in special cases. ... 207 BOARD OF PUBLIC WORKS, ; Assessments not to exceed certain amount. .. N 198 Appointment of City Engineer 152 Assessments, returns upon warrants. ........ : 213 Appointment of head for each department. ... 163 Assessments to be authenticated 208 Advertisement for proposals for public work. 5 154] Assessments, warrants for ‘ 208 Appointments of, Secretary, etc 158 dd Assessments, when contractor may sue for.. . 213 Appointed by Mayor 195 Closing of, action necessary................ 27 235 Bids for public work, receipt and award of. . 166 Completion of work. action thereon v= 192-3 Collection of expenses of street repairs. ..... : 160 Completion of work, affidavit of contractor. . ) 192 Commissioners. disqualified in certain cases... 255 426 INDEX. Section or Subdivision Page PUBLIC WORKS (Continued). Completion of work, assessments upon...... 193 Crossings, etc., work how assessed 200 Definitions: expense, paved, etc : 232 Definitions: street, block, improvement 232 Excavation of, permits for 160 Expense of improvements of, how borne. .... 193 General superintendence of 158 Grade of, changing 256 Grades. changing of, recommended, when. ... 25 Improvements chargeable upon districts. .... i 191 Improvements paid for by City 181 Improvement of, having railroad tracks on... 193 Materials for, Corporation Store Yard........ 239 Materials, for proposals. 238 Objections of property owners to work on.... 186 Opening, etc., assessments, meetings, etc. ... 249-H0) Opening. etc., damages and benefits. ........ 247-R Opening, etc., map and survey, etc 7 247-S Opening, etc., objections of property owners. . 244; Opening, etc., objections, appeal, etc 251-3 Opening, etc., publication and filing of report. 12 250 Opening, etc., proceedings for condemnation. 253-5 Opening, etc., proceedings 240 Opening, etc., recommendation of resolution. . } 247 Opening. ete., resolution of intention 244-5 Opening new, regulations governing 1-20 240-55 Ordinances for improving, when repealed. ... q 37) Preference to hand sweeping : 237 Proceedings in improvements of............ ; 183 Property owners may improve, when 186 Property owners may improve, when........ 169 Publication of notices for improvement of. ... : 183 Regulation of poles, tracks, wires, etc........ 159 Repair of, collection of expense 158 Repairs on streets not accepted 224-26 Resolution of intention, action upon : 235 Sewers and drains, permits for connections. . 2538 258-9 258 Oo ~ 237 Urgent repairs upon 238 Validity of records. ..........c.oovviniennns 228 What are public. ......... coins 173 Width of. at least 40 feet. .................. 28 237 INDEX. Section or Subdivision PUBLICATION, ordinances of Supervisors....... 13 Charter in two daily newspapers Notices and resolutions, street work.......... 26 Notices of completion of assessment Notices of final hearing, etc Notices of resolution for opening streets. etc. . Official, in official newspaper Ordinances for control of parks Proposals for cleaning streets................. Resolutions for street improvements.......... Bestrictions, 10, etc... .......c.c inv iicvivnves ad pod Ol =1 Ut IY LD Ww on ro R RAILROADS, Acquisition of, by City (see under Public Utili- ties). Construction of, under Board of Public Works. Estimate of value, for what purpose Franchises for, term of years Franchises, lease of, submission to people Franchises, lease upon expiration Franchises, let to highest bidder Franchises, no exclusive granted............ Franchises, restriction upon Paved streets, power to compel Permits for laying traeks...............c. ct. Power to regulate Purchase of, by City Rates of fare, regulation of........... To pay for street improvements, when Tracks of, may be used in common... .... Transcontinental, when may enter City Tunnels for, may be granted READING ROOMS (see Library). RECEIPTS (see Official Receipts). RECEIVING HOSPITAL (see Hospitals). RECORDER, assistants, deputies, salaries. . Custody of records, ete Election of, at what time General duties of Qualifications, election, term. salary........... REFERENDUM, matters submitted to people. ... Repeal of ordinances. ........................ REGISTRAR OF VOTERS (see under Elections). 428 INDEX. Section or Subdivision REMOVAL, appointed officers, when and how 18-20 Deputies, clerks, employees, etc 21 Elected officers, when and how. Ses 18-19 REPORTS, all officers must re nder ann J 9 RESOLUTION APPROVING © ITARTER RESOLUTIONS, (see Ordinanc es) RIOTS, suppression of by Mayor REVENUE (see also under Finance and Taxation). Amount and colleen of Iixpenses not to es aot iy [.imit of, as to tax levy Not to pay expenses of previous year RIGHTS OF CITY AND COUNTY S SALARIES (see under separate officers and depart- ments). Approval of heads of departments. ........... Demands for, allowed by Auditor Deputies proportionate to actual services. ..... In full compensation for all services. .......... SAN FRANCISCO (See City and County of San I'rancisco). SAN FRANCISCO LAW LIBRARY (see Law Li- brary). SANITARY LAWS, power to make and enforce, (see under Supervisors). SANITARY REGULATIONS (see under Board of Health). SCHEDULI SCITOOL DEPARTMENT (sce Schools). SCHOOL DIRECTORS (see under Schools). SCHOOL HOUSES AND LOTS SCHOOL TAX LEVY (see under Schools). SCHOOLS, aggregate tax levy for school purposes Department comprises what. ..........o.0enen Evening Instruction in, furnished fre Lease real property Must be non-sectarian Salaries of teachers, sum to be raised Tax levy for support of BOARD OF EDUCATION, Actions for school property Page 376-7 377 379 374 389 111 INDEX Section or Subdivision SCHOOLS (Continued). p— fd I NW —- Composed of four School Directors. .......... Disbursement of school money Employees, charges against Extra expenditures, incurred when Houses, requisition on Public Works. ........ In charge of School Department Meetings, rules of proceedings, ete Powers in addition to general laws... 0.0... President and Secretary, term and salary. ... Qualifications, term, salary Repairs, ete., how secured Report yearly to Supervisors. ............... Salary roll transmitted monthly to Auditor. .. Salary schedule each year Tax levy, Teachers, ADDIE. salaries, promotion. .. Teachers, certificates granted and renewed. .. SUPERINTENDENT OI SCHOOLS, City Board of Iixamination Deputies, appointment, qualifications, term. .. Deputies appointed Election of, at what time. .............c0.00. General dues. ... oi. ees sare Member Board of Education, salary Recommend studies and text books. ......... LO = { .. wv ES = DY CO oe bd DC no . i - 1 — -e Recommendation of measures. .............. Report annually to Board of Education Rules and regulations of Department Teachers’ certificates, examination for... Visit and examine schools twice yearly SEAL, City and County Each department to be provided with SEWERS AND DRAINAGE, Charge of Board of Public Works. ............ Construction and repair Control of Cost of, how assessed and when. .............. Expense of, how assessed Ordinances authorizing construction Special fund for SEX, to be disregarded in appointment. when 429 Page 262 108 263 265 262 267 204 277 273 2062 26:3 0-12 265 262 279 271 —— NN no LC ww oe =1 =1 =} oe ro No ND oe Saar n = = ko = Iv no ro to Woe tio =t =) =i ~ wv = -] =] == J - 430 INDEX. Section or Subdivision 2 1 1 SHERIFT, deputies, employees and their salaries. . Election, term, salary, powers, duties. ......... Election, at what time SIDEWALKS (see Streets). Power to regulate use of 2 SINKING FUNDS (see under Funds). SPECIAL DEPOSIT FUND (see under funds). SPRINKLING STREETS, proposals for doing. ... Under charge Board Public Works SQUARES, (see under Park Commissioners). STATIONERY, contracts for For public officers How furnished to officers, etc Names of officers not to appear thereon STENOGRATPHERS, (See under Superior and Police Courts, City At- torney and Coroner.) STREET RAILROADS (see Railroads). STREETS, opening, closing, excavating, grading. etc. (See under Public Works.) Use and regulation of (see under Supervisors). Railroad tracks upon When City not liable for injury SUBPOENAS, policemen to be detailed to serve... Power to issue by every officer SUPERINTENDENT OIF SCHOOLS, (See under Schools.) SUPERIOR COURT (see Judges of Superior Court). SUPERVISORS, acquisition public utilities Additional deputies, ete., when authorized Appropriation caused to be raised annually. ... Auditor's extra clerk; designation of Ayes and noes, when taken Bids rejected, when Bonds, issue of, proceedings governing Bonds of officers, when may require additional.. Budget of city’s expenditures. .............nn Claims for damages against City Claims may be revived, when Civil Service Commission, expenses, etc........ Clerk. assistants, appointed by Board Consist of eighteen members. ................. Constitute Board of Equalization Contracts for supplies, etc., to be let by Disbursement of public moneys. .............. Elected at large from City and County ce J: QL LC ND OU Ot ee > — — SRS oe) WN Page 140 139 332 1 L LBL XK 92 WW Ww 338 382 39 116 5D 8H 342-7 369 S3 py (1 INDEX. Section or Subdivision SUPERVISORS (Continued). Election of, at what time Ex-Mayors entitled to seat in Finance committee, powers and duties. ...... Franchises for street railroads Franchises granted by, to be forfeited, when. .. Franchises, no exclusive to be granted Franchises to erect poles or lay wires. ....... Health ordinances, how enforced. ......... : Journal of proceedings. ...................... Jurisdiction over wharves of City i Legislative acts by ordinance. . : rr bat Legislative power vested in i. Levy and apportion taxes. ................ Library, annual tax levy, limit. ......... hi Lighting streets and buildings. .......... a Mayor the presiding officer............. J Meetings, when and where hi Member to act as Mayor, when Municipal buildings, provision for construction.. Municipal revenues, amount to be fixed Official advertising, contracts for Parks, provision for support Payment of moneys into Police Pension Fund. Penalty for interest in contracts. .. Power over members President of Board to be Mayor President pro tempore, election of Public utilities, estimates of cost Public works, ordinances relating to Qualifications, term, salary HC Crt On IN OO - .. vw Real estate for public library Removal for neglect to enforce provisions Removal of officers, when and how Schools, annual tax levy, provision for Special sessions, called by Mayor Stationery, contracts for Support of Library Tolls for wharfage Unnecessary funds, abolition of Vacancy in office of Mayor, how filled Water, estimate for supplying City CLERK OF BOARD, Appointment of Qt XN Ne -— 431 Page 332 3 9 Da 68-9 432 IxpEX. SUPERVISORS (Continued). Bids for proposals to be delivered to. ........ Clerk of Board of Equalization. ............- Contracts for supplies, BRC. . ivi ash aves Custody and recording of ordinances. ........ Custody of city stationery.......-- Custodian of seal of a Duties and powers OL... ciara ras MAY PASS ORDINANCES; ANIMAS, CIUCHY. co ccrvverrrarrsavansaannns Boulevards, designation. ............oco00e0r Cleaning and sprinkling of streets. ........e Contingent fund for the Mayor...........--- Convicts and felons, apprehension. .......... Drainage, general System. ....ovverrenrraves Fees and charges not otherwise provided. .... Fourth of July appropriation. .............-- General Provision. .........ceeeerrersrrstt ts Hours of labor for public service... oe Insane, Qetention. .. ovr everrsvsreevnnnnnn Interpreters, payment FO i vinsn nnn sim nns Jails, hospitals, ete. maintenance. co... Lands, conveyance of certain. ...ccovsrrerse Lighting, contracts for. ......e. eonverrrnee Licenses, €XCeptions. ...........corcerrrerts Local police and sanitary laws... Memorial Day appropriation. ...........eeee Morgue, Maintenance. ....... oor eerste Nuisances, provisions for abatement. ........ Passenger vehicles, regulation and rates. . Pipes, wires, conduits, franchises. ..........- Pound, rules GOVeIrDING. .. covsvrvrrrrsnverrss Property for public use, acquisition. ......... Purchase of property under execution. ....... Railroads, fares, charges, rates of speed. ..... Railroads, franchises, conditions. ..........- Railroads, terms for franchises..... Railroads to enter City........ceeveererrsots Railroad tracks, temporary laying........... Regulate use of streets, sidewalks, ete....... Sale of certain personal property. ..........- Sale or lease of public lands. ......ooeeenees Seals, City, departments, courts, etc......... Sewers, AUShINg... co. crrnvnrenrronerrens? Streets, paving of by railroads. .....coooeee Streets, when railroads may be operated. .... Section or Subdivision 0H- oe) 21 22 Page 63 R35 44 INDEX. SUPERVISORS (Continued). Streets (see further under Public Works). Sweepings of streets for park Trusts for City, execution Tunnels, construction. .................... Unused lots, transfer to other department. Utilities (see under I’ublic Utilities). Violation of ordinances, penalties. ........... Water, gas, heat, light, etc, rates......... Water, heat, light, power. A a ae le ! . MAY PASS ORDINANCES (Continued). 7 Witnesses, detention. ......«.ccov00v..... Wooden buildings, limits restricted. ..... ei SUPPLIES, contracts for each department....... For public officers... ......vovevavrsesn Data ROA. a Brisbane rood: tot allowed, o.oo aa REHOOIS , . -ccicon sins nisvesinnrs saunas sisrivisisnes Bits. or DRUG PIEObE. os eri iann SUPERINTENDENT OF SCHOOLS, (See under Schools). SUPERINTENDENT OIF STREETS, (See under Public Works). SURLETILES, on official bonds of officers. .... oe amo under Donde... a SURGIION, Police Department SURGEONS AND PHYSICIANS, City Hospital. SUSPENSION, of elected officers, when and how. ; Defalcation or wilfull neglect. ............... SURPLUS FUND (see under funds). SURVEYOR (see under Public Works). SWEEPING AND SPRINKLING STREETS (See also under Public Works). “sss sss se ss se sss see eee ee ee ee T TAX COLLECTOR, Appoint attorney to collect delinquent taxes. .. Assessments for street improvements......... Collection of taxes, licenses, etc Collections to be paid into treasury.......... Di Dustin and. assistants, an SalRHor. .. . ors Election of, at what time oo General duties of. ..................... Licenses, examination of. .............. : ; : a Licenses, receipts, etc... monthly report ee 8 8 8 es sss sss sees cs se see 20—CHARTER. Section or Subdivision 30 26 16 14 13 — S COND HH = OT 3-5 7 6-7 18-19 29 pt OU = ND = = NN OW 433 Page or OF Uk Ci XL ~l WL w= Sten > ot QU