Eisenhuth

On December 19, 1892, the board of supervisors, by a vote of ten ayes to one nay, passed an ordinance purporting to grant to plaintiffs and their successors and assigns the privilege to construct and operate a street railroad in the city of San Francisco, extending over portions of some eighteen different streets of said city, for the term of fifty years.

In due time, after this ordinance so passed the board of supervisors, it was presented to the president of said board (the mayor) for his approval, who within ten days thereafter returned it to the board without having signed it, and with his written objections thereto, which objections were duly entered upon the journal of the board, and published as required by section 68 of the Consolidation Act. Thereafter, at a stated meeting of the board, one of the members thereof offered a resolution to pass said ordinance, notwithstanding the said objections of the mayor; which resolution was negatived and lost by a unanimous vote of the twelve members of the board, whereby the said written objections of the mayor were sustained, and no further action has been taken upon said ordinance or objections. All the proceedings of the board and…