Sacramento daily record-union., 1882-01-18
RETA1NER-FEE CASE.

stage in the line of adjudication in the Supe-
rior Court. The action taken thus far is as
follows:
On the 2Ssh of June last resolution was
adopted by the Board of Supervisors en-
ploying Mr.. Cadwalader, and directing,
in the same resolution, that the Auditor
issue his warrant for $1,000 to him
as retainer-fee. Upon the resolution being
presented to the Auditor to procure payment,
he 1.-THE Auditory consulted with the District
Attorney, who advised him that he could not
legally issue his warrant upon the resolution.
The demand being repeated, the District At
torney applied to the Court for al injunction,
restraining the Auditor from issuing his war
rant, upon the ground that the drawing of
the warrant was illegal, from the fact that
no claim for services had been presented to
the Board of Supervisors in a verified or
itemized form, as required by law also, that
the Board exceeded its authority, inasmuch
as it had not entered into specific contract,
as to the full amount to be paid for services
to be rendered. Upon the presentation of
the complaint, Judge benson issued a re-
straining order. Messrs. Edgerton and Dew.
lin, as counsel for claimant, moved to set
aside the order Of the Court, and also inter
posed demurrer to the complaint. When
the matter was argued, the motion to set
aside was denied, the demurrer overruled, and
defendant given permission to answer.
Since that time the Board of Supervisors
have entered into specific contract in regard
to said attorney fees, making the full amount
to be paid $4,000. and the $4,000 retainer
fee" a portion of said amount. A duly
itemized and verified bill has also been pre-
sented to the Board by the claimant, and Or
dered by the Board to be paid. Subsequent
to this action upon the part of the claimant
and the Board, an answer to the suit was
filed by Mr.. Edgerton, as counsel for MIR.
Cadwalader, reciting that the law had been
complied with, in that bill, itemized and
verified, had been presented to the Board
and allowed, and upon which it was asked
that the suit be dismissed. To this de-
murrer was filed by Grove L. johnson and
Freeman & Bates, as counsel, with the Dis.
trics Attorney, setting forth that compliance
with the law, subsequent to the bringing of
the action, could not entitle defendant to a
dismissal of the suit.
This demurrer has just been argued, and
was sustained by decision of Judge benson.
He decides that while the Board of Super
visors has the power to engage special coun-
sci and fix the rate of compensation for SER
vices to be rendered, the Auditor can only
issue his warrant upon bills duly itemized,
verified and approved by the Board; that
the Board has not the power to ignore the
form of procedure as required by law, and to
order payment by resolution, as was sought
to be done by that adopted June 2Sth and
that the presentation of an itemized and veri
fed bill to the Board of Supervisors and its
approval, subsequent to the bringing of the
suit ard issuance of the restraining order,
could not be set up as valid ground upon
which to ask the revocation of the injunction,
as the cass must be decided upon the facts as
they existed at the time of bringing the suit.
The demurrer to the answer was therefore
sustained and the claimant was granted per-
mission to file an amended answer.
Counsel for prosecution distinctly stated IN
their argument that they raised no objection
to payment upon the bill as allowed by the
Board, subsequent to the bringing of this
action, but desired that the injunction should
be made perpetual as against payment upon
the original resolution. This claimants
attorneys are not willing to accede to, and
insist upon dismissal Of the restraining order.
which the Court in the above, decides it will
not do.
LAND LEAGUE WELooME.-A general well
come is to be extended by the Dillon Branch
of the Land League in this city to Hons. T.
P. O'Connor and T. NJ. Healy, Members of
Parliament, on next Friday. In the evening
the latter will address the people of Sacra-
mento at the Metropolitan Theater upon the
subject of Landlords and Tenants in Ire
land" These gentlemen are visiting this
country in the interests of the present move
ment of the League and the agitation in
Ireland, and are visiting the principal cities
in that cause Mr.. OConuor arrived from
the East yesterday, and went to San Fran
cisco. There will no doubt be large attend
ance to hear them on Friday evening, as they
are fully qualified to present the issue now so
prominent across the Atlantic. The First
Artillery Band will be in attendance, and
speaking will commence at P. NJ.
THE WRONG MAN.-By an omission in an
item yesterday morning concerning prisoner
who was taken by Sheriff Sprague, of Butte
county. to San Quentin on the day previous,
to serve term of eight years for perjury, the
item unfortunately read as if the good-looking
and incorruptible Sheriff was himself the
victim, and bound for an eight years term in
the same receptacle to which he has been con-
signing convicts $50 these many years." It
is not necessary to say that the invulnerable
Sheriff of Butte county is still at large, en-
joying full freedom. and has o remarkable
resemblance to the historic cherry tree
hatchet, in that he can't tell lie-to say
nothing about swearing to it.
LARGE FURNITURE SALE.-Sherburn &
Smith will, commencing at 1880 A. NJ. next
Friday, the 10Th instant, sell the entire furni-
ture, carpets, beds and bedding of the Brown
House, southwest corner Fourth and K
streets owing to the sale of the real estate.
The sale will consist of a large amount Of
choice furniture, such as walnut and marble
top chamber sets, mahogany cottage chamber
sets, spring beds, spring and hair mattresses,
blankets, spreads, sheets, pillows, croekery.
Brussels carpets, three-ply carpets, walnut
and mahogany wardrobes, marble-top tables,
lounges, parlor stoves, oil cloth and hall mat
tings, stair carpets and rods, etc.
ARRESTED AND TAKEN BAoK.-Oficers
Arlington and Lee, yesterday, in answer to a
dispatch from Constable Scott, at Roseville,
arrested in this city Robert Long upon charge
of threats against life. It is stated that he
recently made violent threats against the life
of doctor at Roseville, and sought to put his
threats into execution by going to the physi
clans house armed, and for that purpose. He
was taken to Roseville on last evenings train
by Mr.. Scott, who came down in the after
noon.
COLLISION AT VALLEJO JUNcTIoN.-A col
lision occurred last evening between two
freight trains at Vallejo Junction, in which
five or six freight cars were smashed up, and
brakeman named Cohen was somewhat in
iured. The engineer is said to have escaped
injury by jumping from his engine into the
bay. The freight bound this way was due at
o'clock this morning, but will be several
hours late. It is thought no passenger trains
will ba interfeIed with by the accident.
COMMERCIAL. steamer Dana arrived
from Jacinto night before last. bringing gen.
eral merchandise and grain. The Modoc did
not arrive here till about IL o'clock yesterday
morning, bJfeason of being detained iu tow
ing barge Sfscoal from Rio Vista to Clarks-
burg, and from freight handling at points en-
route. She did not leave for the Bay until
nearly o'clock P NJ as she had heavy
load to transfer here. and took on 500 sacks
of wheat from the Dana for Vallejo.
PIONEERS To- o-SIGHr.-The Sacramento So
ciety of California Pioneers will hold their
annual social at Turner Hall this evening.
to-day being the thirty fourth anniversary Of
the discovery of gold ia California at Suffers
Mill. Tickets (admitting lady and gentle
maD) 81. Extensive arrangements have been
made to have this excel all previous parties
given by the Pioneers and their families, and
IL