OF THE

Board of Fire Pension Fund Commissioners

San Francisco, July 1, 1909.

To the Honorable Edward R. Taylor,

Sir:

Mayor of the City and County of San Francisco.

In compliance with Article XVI, Section 9, of the Charter of the City and County of San Francisco, the Board of Fire Pension Fund Commissioners herewith present and submit their report for the fiscal year ending June 30, 1909.

ORGANIZATION

The Board of Fire Pension Fund Commissioners, as now constituted, consists of four members and a secretary, viz.:

WM. H. McCARTHY.

WM. P. DELANY.

BERNARD FAYMONVILLE.

GEO. A. NEWHALL..

H. L. KEEFE...

.Term expires January 8, 1910

.Term expires January 8, 1911
Term expires January 8, 1912
.Term expires January 8, 1913
Secretary

During the year the following named members of the fire department were pensioned under the provisions of Article IX, Chapter 7, Section 4, of the Charter, viz.:

George F. Wells, Hoseman Engine Co. No. 12, injured while in the performance of his duty at a fire on Clay Street, necessitating the amputation of his leg.

Pensioned August 12, 1908. Effective from July 16, 1908, date of application for pension.

Mrs. Nellie Franks, widow of James Franks, who received injuries while in the performance of his duty from which he died on January 22, 1908. Pensioned August 14, 1908. Effective August 1, 1908.

William E. Kelly, Captain of Chemical Engine No. 8, injured in the performance of his duty at a fire on the northeast corner of Gold and Montgomery Streets, on February 27, 1901.

Pensioned November 25, 1908. Effective December 1, 1908.

Bernard Donnelly, Hoseman of Chemical Engine No. 8, injured in the performance of his duty while driving the hose wagon of Engine Co. No. 4, the hose wagon colliding with a car, throwing him to the ground and injuring his spine.

Pensioned December 29, 1908. Effective January 1, 1909.

Mrs. Teresa Lyons, widow of Daniel Lyons, driver of Engine Co. No. 14, who received injuries while in the performance of his duty from which he died on March 5, 1909.

Pensioned April 11, 1909. Daniel Lyons.

Effective from March 5, 1909, date of death of

During the year five members of the Fire Department were retired under the provisions of the Charter, Viz.:

Thomas Canty, Captain, who had been a member of the Fire Department for more than twenty-five years.

Pensioned July 1, 1908. Effective July 1, 1908.

John Robert Thompson, Hoseman Engine Co. No. 32, who had been a mem ber of the Fire Department for more than twenty-five years.

Pensioned July 1, 1908. Effective July 1, 1908.

George Carew, Tillerman in Truck Co. No. 1, who had been a member of the Fire Department for more than twenty-five years.

Pensioned August 12, 1908. Effective August 16, 1908.

Stephen S. Balk, Hoseman Engine Co. No. 8, who had been a member of the Fire Department for more than thirty years.

Pensioned October 28, 1908. Effective November 1, 1908.

Henry Schmidt, Captain of Engine Co. No. 8, who had been a member of the Fire Department for more than twenty-five years.

Pensioned April 11, 1909. Effective April 16, 1909.

LIST OF PENSIONERS, JUNE 30, 1908, to JUNE 30, 1909

180.00

* Guardian for Francis J. Cameron, George Cameron and Thomas W. Cameron.

LIST OF PENSIONERS, JUNE 30, 1908, TO JUNE 30, 1909.-Cont.

APPROPRIATIONS AND EXPENDITURES, FISCAL YEAR JUNE 30, 1908,

City Attorney's Report

Hon. Edward R. Taylor,

San Francisco, July 1, 1909.

Mayor of the City and County of San Francisco,

Sir: By the way of introduction to my annual report of the work of this office for the fiscal year commencing July 1, 1908, and ending June 30, 1909, I desire to outline in brief some of the most important matters dealt with during that period.

Since the rendition of my last report, Hon. E. S. Farrington, sitting in the United States Circuit Court on the 7th day of October, 1908, passed upon the application of the Spring Valley Water Company for a temporary injunction in the case of the Spring Valley Water Company vs. the City and County of San Francisco, and in his decision sustained many of the points contended for by the City and paved the way for a substantial victory upon final hearing.

Upon the motion of this office, Judge Farrington ordered impounded all moneys collected by the Spring Valley Water Company for rates in excess of those fixed by the ordinance of the Board of Supervisors and ordered that such moneys be deposited in bank subject to the order of court. At this time the amount so deposited in the Mercantile Trust Company of the City and County of San Francisco for repayment to rate payers in the event the water company loses upon final hearing totals the sum of $150,580.53.

On the 8th day of May, 1909, this office filed, on behalf of the City, its final brief in the consolidated cases of the Spring Valley Water Company vs. the City and County of San Francisco, which brief represents the labor of this office for a period of over a year. The brief numbers 791 pages and is accompanied by 107 exhibits. It represents the condensation of over seven thousand pages of testimony and an exhaustive review of all the law bearing upon the subject of rate regulation.

I believe that before the time set for the fixing of new water rates the Court will have rendered judgment upon final hearing, and the uncertainty that now exists as to the proper basis for water rates will be at an end.

There is now pending an action by the San Francisco Gas & Electric Company vs. City and County of San Francisco to restrain the enforcement of gas rate ordinance adopted in June, 1908, and some progress has been made in the matter of taking testimony. Upon the motion of this office, the United States Circuit Court made an order requiring the impounding by the Clerk of the Court and depositing in the Bank of California, of all the moneys collected in excess of that fixed by the ordinance of the Board of Supervisors, and the amount so deposited is $243,057.59.

During the past year this office has advised the Board of Supervisors in the matter of proceedings relating to the holding of a bond election and the issuance of bonds for the acquisition of lands and the construction of water works in the Hetch Hetchy Valley.

Acting under the instructions of the Board of Supervisors I have associated with me the firm of Dillon & Hubbard of New York, who have passed upon and declared valid all proceedings in the connection with the issuance of such bonds. An attempt was made by a tax payer to restrain the sale of such bonds, but upon the hearing to show cause the temporary restraining order was discharged and the proceedings declared legal, in this matter as well as all other questions regarding Hetch Hetchy. I have had the valuable assistance of Hon. Curtis Lindley, who is associated of record with me.