ADAMS v. CITY AND COUNTY OF SAN FRANCISCO (1949)

The main point raised for the first time on this petition for rehearing is that this court should determine the legal effect of a charter amendment relating to vacations adopted by the people of San Francisco at an election on November 8, 1949, which purports to repeal the last sentence of section 151 of the Charter of the City and County of San Francisco relating to vacations, and purports to adopt a new section—151.4—dealing with that subject. Petitioner relies on decisions holding that where the judgment affects the rights of the parties in futuro the law in effect when the appellate court renders its opinion, and not the law in effect when the decision was rendered by the trial court, prevails. The rule has no application here. The new charter provision by its express terms does not become effective until January 1, 1951, and hence the cases cited are not in point. Moreover, the amendment, in any event, cannot become effective until and if the Legislature approves.

This court expresses no opinion as to the effect, if any, that the amendment approved November 8, 1949, might have on the problem presented on the petition for rehearing. If there is a difference of opinion over the proper interpretation of this amendment after and if it becomes effective, that problem will have to be left to future litigation.

This court held that sections 151, 151.1 and 151.3 of the charter, as they now read, all relate to the subject of compensation. That would be equally true regardless of how those sections were numbered.

Plaintiffs filed an application for leave to produce additional evidence: (1) a copy of the proposed amendment to the charter and arguments with respect to the amendment, and (2) testimony that the electors voted favorably on the proposed amendment at a recent election.

The application to take additional evidence and the petition for a rehearing are denied.

WARD, Justice.

PETERS, P. J., and BRAY, J., concur. Hearing denied; SHENK, CARTER, and TRAYNOR, JJ., dissenting.