People ex rel. Dean v. Board of Supervisors of Contra Costa County

This is an application for a writ of certiorari to review the action of the board of supervisors of Contra Costa county in granting to one McNear a franchise to construct and maintain a wharf upon the southern shore of the straits of Carquinez. It is claimed by the petitioner that the action of the board in granting the franchise was wholly without the law.

*422 Section 1 of an act of the legislature, approved March 33, 1893, declares: “Every franchise or privilege to erect or lay telegraph or telephone wires, to construct or operate railroads along or upon any public street or highway, or to exercise any other privilege whatever hereafter proposed to be granted by the board of supervisors, common council, or other governing or legislature body of any county, city and county, city, town, or district within this state, shall be granted upon the conditions in this act provided, and not otherwise.” This language is broad in its terms. It is difficult to imagine language broader in significance and more explicit upon the subject with which the act is dealing. It includes franchises such as is here before us.

It iá now claimed upon the part of McHear that the board of supervisors in…