Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-07-01
ANTI-HYDRAULIC.
Resolutions Passed by the supervisors
PAYMENT Epjoined.

ANYl-d4 DhhOLiO.
Resolutions Passed by the SUPERVISORS
Payment Epjoined.
At special meeting of the Board OF gu
pervisors. held this week in an exceedingly
Quiet manner, the following resolutions, IL
accordance with previous secret meeting OF
the Board upon the subject, were passed
Considerable interest was manifested IN the
matter in official circles as soon as their ex-
istence became known. Yesterday an order
in the nature OF an injunction was obtained
as below given. The resolutions referred to
and action taken thereon are as follows:
WHEREAS, 1t appears to US by a report by com.
petent engineer, and from other reliable sources,
| this county are in great danger OF being seriously
injured from the taings from the hydraulic mines
deposited in the mountain streams to the east OF
| this county and whereas, it appears from this
cause that great number of miles of public roads
| in this county have been badly damaged, and that
the extent of the damage is gradually increasing,
and that larger OUTLAWS are thereby made necessary
| by the county each year. to keep said roads IN
proper repair; and that the injury extends TO
the bridges owned by the county, and requires
the construction of more and larger bridges
than ever before, and that the county
owns the property which is in danger
! OF being either greatly impaired IN value
ruined by the mining debris which the hydraulic
mines on the east OF send down sald rivers, ana
whereas, this cause has diminished the revenues
of the county, reduced the value of at least 80 per
cent. of the ta1able property in the county ana
| Whereas immediate relief is demanded, and IN our
opinion consists in promptly enjonng the hydraulic
mines the rivers to the east OF this county from
using the beds of the as tie dumping grounds
for the debris from their said mines therefore 1t is
| Resolved That the Board employ George Cad
waader the special legal counsel to initiate and
| hin Tho
hydraulic mines from using the beds of said rivers
| as place for the deposit and wasta9e OF their
taiings or Debris and be it further
| ReSoLred, That warrant upon the Treasurer OF
this county for the OF 600 be drawn in favor
of said Cadwalader, a retainer in said case,
payable out of the general fund.
Upon motion of Supervisor Wilson, which
was seconded ty Mr.. Bailey. the foregoing
resolutions were adopted by the following
vote Ayes-Dreman, Wilson, Bailey and
Beckley. Noes-Blair, Butler and Christy.
| Upon motion, it was ordered that the
| President be authorized to give the necessary
bonds for the commencement of proceedings
for injunction.
The above proceedings having yesterday
become known to District Attorney Buckley,
he at once, for reasons stated below. filed a
petition with Judge benson to enjoin the
County Auditor from drawing the warrant
for payment of the above amount. The COM
plant is as follows
State of California, county of Sacramento-In the
Superior Court Henry L. Buckley, plaintiff, vs.
VIM. L. Gerber, defendant Plaintiff complaining
AYERS:
THAT he is a resident and taxpayer and Is also
the District Attorney of said county and that de-
PENDANT, VIM. E. Gerber, is, and for more than six
months last past has been, the Auditor OF said
county, duly qualified and acting.
U.-That plaintiff is informed and believes the
defendant as such Auditor threatens and intends,
and unless restrained by this Court will draw and
deliver to George Cadwalader his warrant on the
Treasurer Of said county for the sum of three
thousand dollars, payable to the order of George
Cadwalader, and the Treasurer will lay the same.
HI.-That as plaintiff is informed and believes,
the drawing of said warrant is wholly unauthorized
by law, that no claim or account for said sum,
for any sum, has been presented by behalf OF
said Cadwaader to the Board of Supervisors of said
county giving the items OF the claim or account,
otherwise, nor verified otherwise, is said
warrant for any debt demand against the county,
the amount of which is fixed by law
Wherefore, plaintiff prays that the defendant be
enjoined ard restrained from drawing said warrant
and that the plaintiff recover his costs OF suit, and
such other and further relief may be just and
equitable HENRY L. BUCKLEY,
Pliintiff in person.
C. L. johnson and Freeman & Bates OF counsel.
State of California, county of Sacramento-ss :
Henry L. Buckley, being duly sworn, on oath says:
| am the plaintiff in the above-entIted action, and
that the foregoing complaint is true of my own
knowledge, except as to matters therein stated on
information and belief, and as to those matters
believe it to be true. HENRY L. BUCKLEY.
Subscribed and sworn to before me this goth day
Of June 1881. A. n. BUCHANAN,
IL. 81 Notary Public
Upon filing the above the following order
was issued to Auditor Gerber:
In Superior Court, State of California, county of
Sacramento Henry L. Buckley, plaintiff, w. VIII
lam E. Gerber defendant On reading and filing
ifiad ponplaint OF the plaintiT herein and
good cause appearing therefor, let the defendant
show cause before this Court on Monday the 18th
day OF july 1881 at 10 o'clock A. NJ of that day, at
the Courtroom of said Court in Sacramento, Cal,
prayed for in said complaint
Done at Chambers this 3Oth day of June, A. D.
| 1881 $. G. benson, Judge of said Court.
THE FoURTH-Grand Marshal Bryte pub
fishes this morning his programme and orders
for the celebration of Monday In it will be
found full details for the day, the route,
hours of assembly, place of formation, hours
of events, etc.
INCREASE or STocK.-The Consolidated
Reform Lead and Silver Mining Company
have fled notice of increase of its capital
stock from So 200, COO to SO, co., 600, divided
into 100000 shares.
PATENTS OhANIED.-a patent mas peen
granted to L. B. Holmes, of Woodland, for
billiard chalk holder, and J. w. Blivin, of
Yuba City, has been granted one for new
header.
DRcIDED.-The Supreme Court has
affirmed the Judgment in the Sacramento
Police Judge case, and Judge Henry thereby
retains his position.
IMMIGRANTs.-On hundred and four i'm
migrant passengers will arrive from the East
this afternoon by overland train.
BANKS CLosE.-The banks of the city viii
close tomorrow at II o'clock, and not open
AGAIN until next Tuesday