Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1882-02-09
rHAr IS 600 LAWYERS, FEE.

The case OF Curtis & Clunle against ING
CITY OF Sacramentp, to enforce an AWARD oi
arbitrators allowing Curtis & Clunie 50 ooo
for legal services in the Hoagiand cases. has
for several days occupied the attention OIL the
Superior Court, Judge Clsrk presiding. The
arguments were closed yesterday by a. Y.
Freem an for plaintiffs and A. ?. Catlin and
W. A. Anderson for defendant. A number
of new and important questions of law arose
during the hearing. 1t was contended by
Catlin and Anderson that the alleged award
was ex parte, and that at none of the pro-
ceedings of the srbitrators was the city either
notified or represented; that the city had
been virtually denied the right of showing
that no such enormous fees had ever bsen
earned by counsel. The questions of law
upon which the Hoagland claims were
founded did not require any great research,
and had been previously settled by our Su-
preme Court that the Act itself which au-
thorizsd the suits to be brought could not
revive demands that were barred by limlta-
ton. and all questions at the time were stare
decisis that had the city been afforded an
opportunity all those questions could have
been presented to the arbitrators, and also that
no such responsibility ever existed, as claimed
by counsel, which would have resulted in
causing a u4ucn less dWaTu. 1udb buC Ctby
was never notified of the appointment
of the third arbitrator. and that no no.
tice of nor hearing was ever had before
the arbitrators after that appointment nor
before that the arbitrators heard improper
testimony. 1t was also urged that the COM
mon law arbitration had been abrogated in
this State, and that all proceedings should be
under the codes providing for arbitrations.
Counsel also denied the power or authority OF
the Board of Trustees to submit this matter
TO arbitration, the original claim having been
finally acted upon and rejected. 1t was also
urged that had the city been represented
it would have been shown that all the claims
against the city could have been settled for
less than the amount claimed by the attor
neys as fees. Many other questions were ar
gued and authorities cited.
Mr. Freeman for plaintiffs argued that the
city was represented by two of It's Trustees,
who were present and made statements be-
fore the arbitrators that the city's objection
to the award comes too late; that the award
is final and conclusive, and the city cannot
question it; that. it has the full force and
effect of judgment that the city cannot
defend at law, and that no sufficient ground
for equitable relief exists.
Two days have been occupied in the argu-
ments Alone and large number of authori-
ties have been cited. Many new and novel
questions of law arose, and which will require
time for the Court to consider. The case was
taken under advisement.
LEGAL 0PIEIoy.-rhe following opinion
upon the subject of bank taxation was SUBJ
mitted to the Board of Supervisors by Dis.
trict Attorney Buckley yesterday: "Con-
corning your official inquiry, whether deposit.
ors should be individually taxed for the
amount of money deposited by them in saw.
irgs banks as deposits, l respectfully submit
that the Supreme Court, ID the case of Burke
va. Badlam, has decided that it is an instance
of double taxation, and therefore illegal to
assess to q depositor money deposited by him
in savings bank after having assessed to
the bank, as a portion of its taxable property,
the amount of money 80 deposited. When
banks are assessed as required by law, there
is included within such assessment money de-
posted with the banks By depositors. The
money 30 assessed is property, the subject of
q tax to be paid directly by the banks, and
when this has been done the same property
cannot again be subj scsed to second tax, to
be paid by the depositor. The banks of this
city, whether trausacting business exclu-
sively as savings banks or partly as such and
partly as commercial banks, are compre-
heuded. in my Judgment, within the meaning
of the term savings banks as used by the
Supreme Court in the case of Burke VS.. Bad.
LAM"
A "WHAT Is IT?"-About 8 o'clock last
evening many people observed in tie south
west what appeared to be a comet. The
comet "sharp" of this section OF the foot
stool brought his intellect to bear, and found
in the southwest, about two-thirds the
1iata he r. 10
strip of hszy light strongly resembling the
tail of O comet and about two degrees in
length. The lower eud was broadcast and
brightest No nucleus or head could be seen.
The phenomenon was visible until about 10
P. NJ, when it disappeared as the sky cleared.
AT frat il was thought TO be mere reflection
from burning tules in the south, but close ex
animation dispel.ed that idea. At IL o'clock
the sky was clear and no comet in sight. It
is hardly probable that it was what most be.
ieved it to be at first sight.
REPORTS OF CITY OFFIoERs.-The following
figures are taken from the reports of the
various city officers filed with the Board of
Trustees, read and approved yesterday: S.
r. Caldwell, Superintendent of City Gene
te.ies, reported that 3S deaths had occurred
in the city. and that he had collected S726 as
fees Chief of Police Karcher reported that
the officers had made 123 arrests, 40 dodgers
we're accommodated ct the station house. and
GIG meals had been furnished prisoners and
destitute persons. p. Brannigap, Pound
master, reported having iupounded horses,
2 COWS and so dogs. The stock was all re-
deemed, also one dog, and the rest of the dogs
were killed. He collected as fess the sum Of
SO 30. n. A. Kidder, Harbormaster, re-
ported having collected as levee dues the sum
Of $40 70.
TOURISTS Commissioned Miller, excur-
sion agent of San Francisco, was in this city
yesterday lie states that he recently re.
turned from Boston, where he has completed
arrangements for the transmission from that
city to California in the month of April of
500 tourists in four sections. They intend
visiting all the principal points in California,
including the Yosemite valley. He also con-
tracted with the Cook tourists agency for 125
tourists, who also intend visiting the Yo-
semitic. Also another excursion of 100 per-
sons to California from the East in the month
Of July.
Coop TEMPLARs.-The following persons
were installed into the various Offices of Cap
isAl Lodge No. 81, I. o. G. T.. on Tuesday
evening, by B. H Hoag, S. D. G. W. G. T.:
w. C. L, Ed. Ka,zenstein; w s., Miss
Susie Folger; w. r. s.. Sam kstzenstein;
w. T.. Mrs G. E. Brooks; W. NJ, w. G.
Marley; w D. NJ, Mlss Minnie Mead
w. v T., Miss Marcelia Truck; w @,
Mrs A. A. Catlin; p. w. G. T., E. E. Mas
ter; W. l. g.. Miss Gussie Mccoy; w. o.
e., W. 4. McKinny.
The VALUE OF LIFB-Rebecca Rodgers,
by her attorneys, Dualap l. Van Fleet, has
commenced suit in the Superior Court of
Sacramento county against the Central Pa
ciic Railroad Company for damages in the
sun of $50 600. Her SOD. James McGregor
Rodgers, fireman in the employ of the rail-
road company, was killed by an accident on
the railroad on the 9sh Of April 1881. She
attributes his death to negligence on the part
of the con pany hence the suit.
MERCHANDISE REPoRT. = The following
freight passed Ogden for Sacramento on
the 5sh: For A. A. Van VOORHEES, L Co., 2
bales leather, 5 cases ssddlerv hardware J.
T. Ssoll, boxes machinery; James Parsons.
cases shoes A. J. Reed. 2 barrels personal
effects; Lindley & Co., cases play cards
Huntingdon, Hopkins & Co, car nails. l
case sledges. s cases sledge-handlss Central
Pacific Railroad Company, roll wire sparks.
The BUGS CANT RIDE.-Mathew Coke,
Chief horticultural Officer of this State, re-
turned last evening from San Francisco,
where he had made arrangements with the