Eisenhuth v. Ackerson

Citations

• 105 Cal. 87
• 38 P. 530
• 1894 Cal. LEXIS 1115

Syllabus

<p>Street Railroad—Granting oe Franchise—Municipal Ordinance oe San Francisco—Veto oe Mayor.—An ordinance granting a right to construct and operate a street railroad in the streets of San Francisco is an ordinance granting a privilege, within the meaning of section 68 of the Consolidation Act, and is subject to the mayor’s veto.</p> <p>Id.—Construction oe Code—Mode oe Granting Privilege for Street Railroad—General Law—Repeal.—Section 497 of the Civil Code, providing that authority to lay railroad tracks through the streets and public highways of any incorporated city or town may be obtained for a term of years, not exceeding fifty, from the body to whom is intrusted the government of the city or town, is not inconsistent with, and does not repeal, any part of section 68 of the Consolidation Act of San Francisco, which provides the mode or manner of the grant; since that section of the code does not require all municipalities to grant the privilege in a uniform mode, and does not prescribe the manner in which the grant shall be made; although, to the full extent of authorizing these governing bodies to grant street railroad franchises, section 497 of the Civil Code is a general law, and by implication repeals all prior laws inconsistent therewith.</p> <p>Id.—Powers of Railroad Corporations—Two-thirds Vote of Supervisors—Veto Power of Mayor.—Section 470 of the Civil Code, referring to the powers of railroad corporations generally, and providing that no railroad corporation must use any street, alley, or highway within an incorporated city or town unless the right to use the same is granted by a two-thirds vote of the town or city authority, does not prescribe or regulate the manner in which municipal corporations shall legislate on that subject, and detracts nothing from the veto power of the mayor of the city and county of San Francisco, which power does not depend upon the number of votes by which an ordinance or resolution passes the board of supervisors.</p>