Hurst

The controversy presented in this proceeding concerns the construction of section 130 of the charter of the city and county of San Francisco (infra). Petitioners herein, residents, taxpayers and electors of said city and county, seek by mandamus to compel the Public Utilities *299 Commission of said city and county to put into effect a straight 10-cent passenger fare schedule for the city’s street railway and transportation system which was adopted by it in October, 1948.

There is no dispute on the facts. The commission has charge of the operation of the utility. Since 1946, the fare schedule, as established by the commission, has been three rides for 25 cents or an eight and one-third cents fare when three fares were purchased at the same time. In April, 1948, the proposed budget for the operation of the utility, approved by the board of supervisors of said city and county, called for an expenditure for the current fiscal year (July 1, 1948, to June 30, 1949, inclusive) of $20,298,456. That sum was to come from anticipated receipts from streetcar fares for that fiscal year of $17,500,000, and the balance was made up of a surplus accumulated from previous years amounting to…