Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1883-01-04
CITY COUPON CASES.

City Attorney W. A. Anderson appeared
before the Board of Trustees at their meeting
this week and made an explanation regarding
the recent proceedings against the Board Of
Trustees, Auditor and Treasurer, for alterna-
tive writs of mandate, commenced by F.
Roeding and D. Meyer, in the Superior Court
of San Francisco, to compel the payment of
coupons in the aggregate sum of SS4 900.
The writs are made returnable January II,
1888, before Departments Six and Eight Of
the Superior Court of San Francisco
Mr.. Anderson stated that the issues in
volved in these proceedings were entirely diff
ferent from those in all the preceding suits,
and were aimed directly st the 500. 600 now
in the sinking and interest fund of the city,
and also to compel the Board of Trustees to
pay 30 per cent. of the gross receipts for
water rents into the same fund, to be applied
towards the payment of interest; that the
city is bound to defend its officers, and pre-
tect. if possible, this attack upon cur treas.
ury; that the same defenses made to the
other suits would not apply in thess instances.
because of the peculiar form of action invoked
by the coupon-holders that he believed that
this raid upon the treasury could be
averted, and that the petitions could
be defeated; that the money now in the
treasury is not applicable to the payment of
the coupons set forth in the several petitions
fled against the Trustees, Auditor and Treas
urer, as there are other coupons of prior right
of payment, and that ths Treasurer, in re-
fusing TO make payment in obedience to the
order of the Board OF Trustees, whose orders,
under Section SO Of the charter, he is bound
to obey, is acting in accord with the law, and
that mandate will rot lie where an officer is
following the duties eDjoined by law; that
there are other defenses that can be pre-
sented by the city and its officers that the
labor in preparing returns to these writs, as
well as the several writs issued from the Su-
perior Court of Sacramento county, and re-
turnable January 20, 1883, renders assistance
absolutely necessary, and to that end addi-
tional counsel was asked for to assist in this
class of cases. The City Attorney expressed
faith in his ability, with the counsel already
employed, TO defeat the actions in the Circuit
Court and Supreme Court, where the statute
of limitations and the clause in the charter
providing that "none of the lands, tene.
ments, hereditaments, appurtenances, taxes,
revenues. franchises. actions, chooses in action,
property or effects, Of any kind or nature
whatsoever, of said city, or any Of its trusts
or uses, shall be attached, levied upon or sold
10 any process whatsoever, either original,
ulOoAC OE Hudis C6n W lufUAcQ III U6udtI Vi
the city. But the present proceedings against
the Trustees, Auditor and Treasurer must be
contested upon other grounds.
The Board expressed its willingness to en-
ploy additional counsel, and will decide to-
day who shall be employed.
The STREET RAILWAY AND THE Police
An item appeared yesterday to the effect
that the City Railway Company had sus-
pended its free list, go far as the city police
force is concerned, and that the cause of the
action was found in the failure of the police
force to protect the company property from
damage on Sunday last. during the snow
storm, from the assaults of citizens engaged
in snow-balling. It was added taat a police.
man had replied to this thrust, that the four
men on duty could not prevent 26. 600 people
from snow-balling. Now come the Messrs.
Carey, who operate the railway, and ask,
t' Where were the four policemen e They
add, in their own defense, that ever since
they have controlled the road they have passed
police officers free at all times, and that when
the time came when it was possible for the
police to return the courtesy by doing some
thing toward protecting the property of the
company from damage. they failed to do SO,
and because of that failure the company had
to cease running their cars after P. NJ,
to the great inconvenience of the public
and the loss of the company. They say tha3
the car-winoows were broken, the sash in one
case crushedby cobbles concealed insnow balls,
the drivers attacked when il was impossible
for them TO defend themselves, and that from
pleasantly the snow.balling went to ice-ball-
ing and dangerous attacks, long after the
men of the company protested against the
attacks, and did not cease until the cars were
drawn off. That these attacks were on pub.
lie streets, were known to the police and TO
nearly the whole city, and that, save in one
instance, and that a feeble one, no effort wss
made to protect the property of the company
by the police. The managers, therefore, feel
that kindness to the force has not met with
corresponding return, and that the matter
of courtesy in the case has ceased very prop.
erly. They Insist that single officer de-
tailed for the purpose could easily have given
the crowds to understand that the sport must
not descend to rude assaults, to the destruc-
ton of property and the endsngerIng of life.
This is the side of the company as it presents
it, and it has backed it by claim for pay
ment Of damages on the part of the city. It
is in order for the police side Of the case to
be now made.
POLICE CoURT.-Business was transacted
in the Police Court yesterday as follows
Samuel Holmes, disturbing the peace. pleaded
guilty, and fined 81 and COSTS Tom Nc
Giants, William McCants and John McNulty,
disturbing the peace, continued to January
4th; A. J. Glenn, drunk, pleaded guilty,
fined So; Chas. Hoff, disturbing the peace,
continued to January 4th Thomas Perry,
drunk, pleaded guilty, fined So VIM. Adams,
petit larceny, pleaded guilty, judgment to-
day; All June, committing nuisance, found
guilty and sentenced to ninety days in the
County Jail j. II. Renfro, disturbing the
peaca, pleaded guilty, and fined 81 and costs
E. Hammond, maintaining public nuisance,
undertaking on appeal filed.