Weed v. Maynard

Citations

• 2 Cal. Unrep. 34

Syllabus

<p>Municipal Corporations—Street Cleaning—Statute Regulating.—The power of the board of supervisors to cleanse the streets of San Francisco is subject to legislative control, both as to the extent of the work to be done and the mode in which the power is to be exercised.</p> <p>Municipal Corporations—Street Cleaning.—The Principal Purpose of the Act of April 3, 1876, looking to the regulation of street cleaning in San Francisco, was to- limit the authority of the board of supervisors in respect of both their power to regulate and the mode of its exercise, and the scope of the act in this respect is not to be defeated by mere reference to its title, “An act to confer additional powers upon the board of supervisors of the city and county of San Francisco.”</p> <p>Municipal Corporations—Street Cleaning—Statute Regulating. An act of the legislature limiting the powers of a board of supervisors in respect of street cleaning does not impair the obligation of a contract already made with a private person by such board if the contract is by its express terms to continue “during the pleasure of the board.”</p> <p>Municipal Corporations—Contract to Clean Streets.—“The Pleasure of the Board,” as expressed in a contract between a board of supervisors of a city and a private person for the cleansing of streets, during which “pleasure” only the contract was to continue, would be determined ipso facto by the enactment of a law limiting the powers of the board in that connection.</p>