Serv-U-Garbage Co. v. Board of Health

The plaintiff applied to the defend-' ant board for a permit to transport refuse through the streets of San Francisco. The application was denied. Thereupon he commenced a proceeding in the superior court to obtain a writ of mandamus directing the defendant board to issue the permit. The defendants answered and a trial was had before a court sitting without a jury. The court made findings in favor of the plaintiff and from a judgment entered thereon the'defendants have appealed.

On the fourteenth day of June, 1927, exercising the right of initiative, the electors of San Francisco adopted an ordinance the title of which is “Ordinance providing for the collection and disposition of refuse in the City and County of San Francisco; providing for the licensing of refuse collectors by the Board of Health; fixing the maximum rates or charges for the collection of refuse by licensed refuse collectors for homes and apartment houses; dividing City and County of San Francisco into collection routes; providing penalties for the violation of the provisions of this ordinance.” Section 4 contains several paragraphs. We have designated two of them by letters. They are as follows:

The ordinance…