San Andreas independent., 1857-10-31
For the San Andrcas Independent.

1
County Treasurer vs.. County Treasurer
Al the late term of the District Court, in
this county, G. D. Brush, Esq, County Trea-
surer of Calaveras county, obtained from Judge
Creaner an Alternative Writ of Mandate, re-
quiring S. L. Magee, the ex-County Treasurer
to pay to him (Brush), as Treasurer, all the
public money, books, papers, accounts &C., in
his (Magee's) hands, appertaining to the office
OF County Treasurer of Calaveras county or
show cause before the District Court at Mokel-
umne Hill, on the 18th day of October inst,
why he had not done So
Mr. Magee, as every one predicted, refused
to deliver to his successor in Office the public
money and records appertaining to the Treasu-
rer's Office. He was unwilling to surrender
these coreted treasures, until he had made one
more desperate, final struggle, to retain them
IN his hands. Accordingly, on the return of
the alternative mandamus, Mr.. Magee appeared
with Gen. Folney E. Howard and Col E. D. Ba-
ker, of San Francisco, with Messrs. Dudley &
Adams. and Vim. Highly, of Mokelumne Hill,
as counsel, 10 show cause why he had not, and
should not be, by the Court, required to de-
liver to Brush his successor in Cffice, the pub
lie records and public treasure of the county.
| s. W. Brockway, Esq, of Mokelumne Hill ap-
peared alone for Mr.. Brush. The Counsel for
Magee demurred to the complaint filed by Mr..
Brockway. The demurrer was elaborately ar
gued by Howard and Baker for defendant, and
Mr. Brockway for plaintiff. The Court over
ruled the demurrer, whereupon the defendant
| filed an answer, alleging that he was entitled
to the Office and the records. To this answer
Counsel for plaintiff demurred, and the Court,
after argument, sustained the demurrer, and
ordered percmptory writ OF mandate to issue
against Magee, commanding him forthwith to
deliver to Mr.. Brush, as his successor in office,
all the public money, records and property in
his hands, appertaning to the office of County
Treasurer. The writ was issued, whereupon
Counsel for defendant moved for stay of pro-
ceedings, pending appeal to the Supreme
! Court. This motion came on for argument
before the Court in Amador county. After
hearing the argument of the motion, the Court
refused to stay proceedings, and ordered the
writ of mandamus to be obeyed.
Magees last hope had fed. The ablest coun-
sci he could get were unable to save him.
The glittering bauble he so much coveted,
must depart from his grasp; but he was deter
mined it should break ere it left his hands.
| He delivered up few of the books and paid
over the enormous sum of SlS82S, as all the
money in the Treasury of the county belonging
to the General Fund, declaring that this was
all he had appertaining to the Office or belong
ing to the Treasury department.
The books delivered up to his successor,
however, show balance of money in his
hands belonging to the county, of $5,6l3.75,
tor which he does not attempt to account or
explain. He has, however, charged to the
county in pencil marks to balance this amount
! hat ct., do l.: L
books assets Of the office $5,6l375," but does
not explain what assets Of the office means
as charged in the books.
Now, can Mr.. Magec or his friends explain
what constitutes the assets of the office" of
County Treasurer, as charged, and what " as
sets of the office" there are that do not appcr-
tain to the office, and that should not be de-
livered to his successor as county property :?
Here is chance for experts. These assets
are what the people want, but what they are
| not very likely to get These constitute the
treasure which Mr. Magee is 80 unwilling to
! surrender to the people.
In consequence of his refusal to obey the
msndamus, application was made to the Dis
| trlct Court OF Amador county, for Warrant
OF Attachment, to issue against him for his ar
rest, and show cause why he should not be
punished for contempt of Court in disobeying
the mandamus. The Sheriff was unable to
arrest him for several deys, -Magee-being
where the Sheriff could not find him. But at
length he was arrested, and kept in close Gus
tody until the criminal indictments found
against him in the Court of Sessions, were dis
posed Of, when on Thursday, he was taken by
Deputy Sheriff. B. X. Thorn, to San Joaquin
county, to answer before Judge Creaner, for
the alleged contempt of Court We are in
formed that he went prepared with an affida-
vit, swearing that he has delivered up every
thing in his hands appcrtaining to the Treasu
rers Office, in order to purge himself of the
contempt charged against him.
If this be true, what convenient thing is
pliable conscience. Oh Purity where is
thy hablaments!-Oh Honesty, why art thou
departed from the holders of Public Treasure !
That the People may finally obtain their
Public Money, is the wish of NOTES.