S.F. Pioneer Woolen Factory v. Brickwedel

Citations

• 60 Cal. 166
• 1882 Cal. LEXIS 425

Syllabus

<p>Water Rates—Order Number 1573 Establishing Water Rates in the City of San Francisco—Constitutional Law.—By an ordinance of the Board of Supervisors of San Francisco known as “Order No. 1573,”—es-tablishing water rates—it is provided that ‘ ‘ The rates of compensation to be collected for water supplied to the city and county of San Francisco for municipal purposes shall be as follows : Fifteen ($15) dollars per month for each and every hydrant for fire purposes and for flushing sewers. Five hundred ($500) dollars per month for water furnished to Golden Gate Park. Seven thousand ($7,000) dollars per month for water furnished for all the public buildings * * * due and payable at the end of the month ;” and rates are also prescribed to be collected for water furnished for domestic and other purposes to private consumers. But, it is also provided that “in case the rates or compensation hereby fixed for Water supplied to the city and county of San Francisco for municipal purposes shall be fully paid monthly by the said city and county to the Spring Valley Water Works, the same shall be allowed by said corporation upon the rates charged to its consumers other than the city and county, for the month succeeding the month in which the same are collected, and in such manner that the rates to such consumers for such succeeding month shall be diminished twenty-five (25) per cent., or such proportion thereof as may be collected from said city and county.</p> <p>Held: The order does not fix the rates of compensation for the use of water, but leaves them indefinite and uncertain; and is therefore not a ■ valid execution of the power confered upon the Board of Supervisors by Section 1, Article xiv, of the Constitution.</p> <p>Id.—Id.—Id.—(Myriok, J., concurring.)—The Board of Supervisors of the city and county of San Francisco has had, since the new Constitution went into effect, and has, the power to fix and determine the rates or compensation to be collected by the Spring Valle