Jacobs v. Bd. of Supervisors of S.F.

Citations

• 100 Cal. 121
• 34 P. 630
• 1893 Cal. LEXIS 758

Syllabus

<p>Water Rates—Authority of Supervisors Exclusive—Mayor Without Veto Power.—The power to fix water rates in the City and County of San Francisco is vested solely in the board of supervisors of the city and county, and the mayor has no power to veto an order duly passed by the majority of the board fixing such rates.</p> <p>Id.—Construction of Constitution—“Peremptory Process”—Action of Supervisors.—Sec. 1 of article XIV of the constitution providing for “peremptory process” to compel action of the supervisors fixing water rates should not be construed so as to compel the court to decree that the board of supervisors after having passed an ordinance fixing water rates shall act upon the objections of the mayor, and proceed to fix rates without any certainty that its action will not be again vetoed, and so on indefinitely, or to decree contrary to the principles regulating the writ of mandamus, that the supervisors shall abandon their judgment and make it conform to the opinion of the court or of any other person.</p> <p>Id.—Mandamus May Compel but Not Control Exercise of Discretion.—Mandamus will lie to compel the exercise of discretion; but when discretion has been exercised, will not lie to control the judgment of an officer or tribunal having discretionary or judicial functions.</p> <p>Id.—Judicial Action of Supervisors.—The board of supervisors acts judicially when fixing water rates, and where it has exercised its discretion in fixing the rates it cannot be compelled by mandamus to change its judgment or to take further action thereon.</p> <p>Id.—Statutory Construction—Absurd or Inequitable Results to be Avoided.—A constitutional or statutory provision should be construed according to the intention of the law-making power, and hot so as to lead to absurd or impractical results or to compel a court to decree a thing substantially impossible, or which is in plain violation of fundamental principles of law or equity unless the language absolutely requires such cons