Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-09-08
BolBD OF SUPERVISORS.
THE DEBRIS QUESTION AND ArroE-
NEY FEES Coz slDERED.
The Board Declare for Vigorous Prosecu-
ton, but Halt, and Require Advance
Agreement as to Charges for
Attorney Fees

a@@S ~-OG-A% ANh4a4S 1L4 AS04OEo AAGSCSS
ton, but Halt, and Require Advance
Agreement as to Charges for
Attorney Fees.
At the session of the Board of Supervisor
held yesterday no business of Importance wa
transacted except consideration of the suit
against hydraulic mining and the question o
preventing the county from bsing as badly
Impoverished and ruined in the litigation
from enormous attorney fees aud costs a,
from being covered up with slickens. Tht
matter was called up by Mr.. Blair as soon s.
the Board net in the afternoon. de statet
that he desired to offer series OF resolutions
and had waited for full Board to be present
when he did so, but as ali were then present
except one (Alr. Dremaa] he would submit
them He said he did not do it for the pur
pose of gaining notoriety. and did not desire
to make any unfavorable reflections Or pro.
duce any iIl-feeliugs, but that ne offered the
resolutions because he was satisfied that they
| embodied the unanimous expression Of the
taxpayers and people of his district and, he
| lilElb say, "a bItc cGblGB CUUI5LN.
| The Clerk was requested to read the reso.
| lu.ions, which are as follows:
| WHEREAS, The District Attorney informed this
| Board on the 10Th day Of August last that he was
ready and willing TO commence and conduct any
and all suits, under direction of this Board with
the end in view that the property Of the counymay
be saved from further injury BY debris and tailings
| from hydraulic mines; and whereas, Mr.. Cadwal-
adler has up TO the present time failed 90 enter Tito
any contract with this Board as to the fee he viii
demand vhen his work is completed, and has not
| only failed to do so, but when requested by
members Of this Board, utterly refused to enterinto
| any agreement or contract to what his fees Tor
services should be ard whereas, the present ex-
/ hausted condition Of the funds of the county de.
mlnd the utmost economy IN the administration Of
county aff irs. and make it unwise and unsafe to
employ counsel without klowledge III advance as 10
the amount that may be charged for services there.
lore, be it
ReS0lred That the resolution passed By the Board
July l. 1881, retaining Mr.. CsCwalader as special
counsel to nliste and take legal measures t. stop
hydraulic miniag, be, and the same is hereby re
! scnded, ana the District Attorney IS hereby in
structed to represent the county in the case now
pending and to use all and every honorable means
TO bring the case to trial as possible, and
that wi en-, in his judgment it becomes necass ry or
advisable to empty special legal counsel that he
| port tie same to this Board,
Rts0lUed That the best interests OF the county
and Of all its taxpayers demand the most spejy de-
cison Of the Court as 10 the legal rights OF the par.
/ ties in the question now at issue, and that this
Board viii aid the District Attorney and counsel
which may be employed to assist him, in the most
vigorous prosecution OF the suit now pending and
that this Board, acting in behalf OF the best inter-
ests of the people Of Sacramento county, will accept
10 compromise and consent to no delay until ju.
dicial determination Of the case is reached.
Upon conclusion of the reading the Chair
man asked what action the Board would
| take upon the resolutions, when Mr.. Blair
moved that they be adopted and Mr.. Christy
seconded the melton. Quite free discussion
of the matter ensued, as follows:
is put, that l hardly consider this proper
proceeding. This Board employed Mr..
Cadwalader. and have allowed him retainer
fee [S3, 000] in the case. [ have no objection
to making any necessary arrangement and
agree upon the final fee but while am q
Supervisor, I shall hold the right to vote to
employ whoever l think is q proper person
for the prosecution OF these casea. | don't
propose to allow the District Attorney to say
who the assistant counsel shall be. Further,
| am opposed TO the adoption of the resalu-
tions at this time for the reason that
the Board has asked the District At.
torney to inform this Board as to
| the power of the county to brig these
suits and he has not reported whether the
county possesses such rights or powers.
think they should lay upon the table until
we get that report ana then l am ready to
vote for requiring IN advance an agreement
as to what shall be charged for services by
such attorney as shall be agreed upon. If
one attorney will not agree TO such fee, in ad-
vance, then | shall be in favor of employing
some other one, if one can be found that will
| do so. For the present, | am in favor Of the
attorney heretofore employed, for the reason
| that the fault was not that attorneys that
| the remaining mines were not enjoined The
| Attorney-General refused to sign the papers
and let the cases be brought | am ia favor
| of the most vigorous prosecution, because |
| believe the people of the county are in favor
of it; but if | find they are not, slickens will
| iDjure me as little as anyone, and [ will ac-
! quiesce, and let the matter 20 by default. to
| let ruin take entire possession OF the valley.
[ thiuk the proper course to take with the
| resolutions IS to wait until the report called
| for is received from the District Attorney.
Mr.. Wilson, have few words to say in
regard to this matter. l will give my reasons
why | will not vote FOE these resolutions ct
| this time. The members will 1ecollect this
action upon the debris question was started
| by the concurrent vote of six members Of this
| Board, and if any member who voted for it can
show me where Mr.. Cadwaladtr has done
any wrong or failed to do his duty | will vote
| for the resolutions, but un il then [ viii rot.
| We sent communication to the District
| Attorney at our last meeting for Information
as to the powers of the county to bring suits,
| tut he has made no reply, and we don't know
what his opinions are upon the subject. /
wish the gentleman who offers these resolu-
| tons would wait until we hear from the Dis.
trict Attorney. II we cannot make any ar.
IA, gements that will be satisfa Glory to the
leoLle as to the fees Mr.. Cadwalader
will Ga sc, I will yote for his dis
missal. If | have done anything. wrong
! in this matter [ wish to correct it.
The great objection TO this attorney is thai
| he is going to charge an exorbitsnt fee
That is what they are all talking about.
am Satisfied that the large majority of the
people want the amount for fees named in
| advance and if we cannot get satisfactory
| stipulation from him, then | will vote TO dis
charge him. / know this is an important
| question, and the suit involves large amount
Of money upon both sides. There has been g
! great deal said about it. 1t is not pleasant
to be misrepresented from day to day. Twill
not be driven in the matter, nor change MY
course, unless | can be made to see that l an
wrong. | do not see how we can acI
intelligently, however, until We heal
from the District Attorney; but per
haps he does not consider our CON
| municatien of sufficient importance
to reply to. These resolutions would havt
cone with little better grace il he had sent
in a reply to US, and said that he could bring
these suits. / must confess that | have be
come dissatisfied that no more has been don'
toward stopping the hydraulic mining thar
there has, but our attorney has given Us th'
reason. Mr.. Cadwslsder represented to us
at the time he came before the Board anC
we passed the resolution employing him, tina
the Attorney General would join in thes'
suits, and that all these mines were to b.
stopped at once. It has not been done.
do not know the reason why, but the fact j
that it has not been done. and am becoming
impatient. When we hear from the Distric
Attorney, if that is the way to proceed, al
right. / want these mines enjoined, in SOM
manner, as soon as possible, and | believe it i
for the best interests of the whole people &
do so.
Mr.. Beckley-I would like to ask Mr.
Blair one question. You have claimed al
the time that one suit was sufficient to de
termIne this whole matter; now you turl
around and by these resolutions propose l.
have suits brought by the District Attorne!
against all the mines.
Mr.. Bair-I think you cannot find any
think Of the kind in the resolutions.
MIR. Beckley latter reading the resolution
and not finding it)-Another reason why
am opposed to these resolutions is that the,
direct the District Attorney to notify thi
Board when he deems it necessary or advis
] ~ b