Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1883-10-17
rHE SUPERVISORS AND TIE JUDGE.

buggy, had her spine severely injured and
has been partially paralyzed ever since. She
is unable to travel except on crutches, and Is
hopelessly crippled for life. She brought suit
against the Trustees of the reclamation dis
trict, who were responsible for the cut beng
made in the road, and after a long and tedious
trial before jury, she was awarded $50, 900
damages. Her attorneys, Jones & Martin
and Grove L. johnson, have since arranged
to commence 8 suit against the county for
S51, 600, claiming that the county is response
BILE for the condition Of all public highways.
As preliminary step they presented bill
for SOL, 900 to thu Board Of Supervisors few
weeks since. When they appeared before the
Board with their very modest demand they
knew that the Board would not allow it.
They also knew that they could not sue for
the same unless the claim was properly pre-
scented TO the Board and by them rejscted. 1t
would seem that the bill or claim outlaws to-
dsy, and the Supervisors made up their
minds, apparently, to checkmate the sttor-
neys of the plaintiff by taking no definite
action. They neither approved nor rejected
the claim, but kept passing 1t from one
committee to another. The lawyers, not
wishing to be sat down upon in
this manner by a Board Of Supervisors.
endeavored. by the aid of the Court to force
the Board to take action in the premises.
They procured from Judge Armstrong per-
emptory writ of mandate for the Board TO act
on the bill The Board does not seem to have
looked upon the matter SIS one that should be
rushed at all, and thinking they were pushing
the matter as rapidly az was Consistent with
the present condition Of county finances they
voted yesterday unanimously to allow the
Road Committee more time. Just about II
o'clock an attachment was issued by Judge
Armstrong, which read as follows:
State Of California, county of Sacramento, in Su-
perior COurt-The people OF the State Of California
to the Sheriff Of Sacramento county greeting: You
hereby commanded forthwith to attach the
bodies Of Samuel Blair Samuel Gottlieb Benjamin
U. Steinman, Edward Chri=ty l. NJ. Smith and VIM.
Mclaughlin, and have them before said Court forth
with then and there TO show cause why they should
not be punished for contempt in disobeying the
mandate OF said Court issued on the 9th day Of Oc-
tober 1888, in the case of Ida E. Andrews vs. the
Board Of Supervisors OF Sacramento county. By
order Of the Court Witness the Hon. J. W. Arm
strong, Judge OF said Court, with the seal thereof
hereto affixed, this 18th day of October, 1883. C.
NJ. Coglan, Clerk
Sheriff Estill, armed with the above docu.
ment, marched into the Supervisors room,
made them acquainted with its contents,
placed them under arrest, and took them as
directed in the presence of the Judge.
Ed. NJ. Martin, one of the attorneys for
Mrs. Andrews, was present. He presented
the writ OF mandate that had been issued by
the Court, but not obeyed by the Board of
Supervisors, and also placed in evidence the
return made by the Sheriff
Charles NJ. Coglsn, County Clerk and ex
officio Clerk Of the Board of Supervisors, was
placed on the stand sud briefly stated all be
knew relative to the claim, and produced the
minutes of the various meetings. He recog.
nized the writ of mandate that had been is
sued by the Court and stated that it had
been properly served.
Benjamin Bailey said he was . member of
the Board of Supervisors and Chairman of
the Committee on Roads and Highways He
did not arrive in the city on Monday until
late in the afternoon, and was not present at
the session OF the Board on that day. That
yesterday the matter came up for consider
etion il committee that the same was being
investigated /; that the committee were not
fully convinced that the place complained Of
wss public highway, and under the control
of the county. That under the state of
affairs as he had narrated the committee had
deemed it wise and expedient to ask the
Board for an extension Of time, to authorize
them to send for persons and papers, so as to
be able to give the matter close, thorough
and o Just consideration. The Board he
said had granted the request by a unanimous
be expected to 90 such work at times and
places where the Board was not in session.
They had rules governing all the actions OF
the Board, aud this bill presented for S51 900
had been given the same consideration that
other bills had which were received at the
same time.
TIE Court stated that the fest writ had
been issued because it was stated that ths
statute of limitations would step in on the
morrow, and that if the bill was pocketed in
tine manner stated by counsel for the defense
1t would be subvsrsion of justice and should
not be permited
Mr.. Carey claimed that the Board of
Supervisors were N no wise TO blame because
the attorneys for tie defense presented their
claim at the eleventh Sour, It WAS a claim
OF great magnitude, and although the Board
could do nothing but rel ct it. sill they had
q right TO hold it for consideration a raason-
able length of time. The BoArd. he claimed
would be liable to censure from the citizens
throughout the country if they AGED in this
matter with undue haste. They ware man
who realized the position they were placed in
and would and should act carefully aid with
deliberation. He claimed that the BOARD
was taking as active steps in the mattr as
could be expected or the exigencies of S,e
case required.
Judge c. benson agreed with all that
had been said by General Carey, and stated
that in his opinion forthwith meant a rea-
sonable length of time. There hsd been no
session of the B oard for two weeks, and no
opportunity fol them to act sooner. He said
he was reliably informed that the matter was
being looked into by the Supervisors that it
was a very large sum of money, and he be-
lieved that they would, while locking after
the funds of the county. not lose sight of any
Just claim of the defendant.
A. 2. Cstlin also took the floor in defense
Of tbs Board, reviewed the case, and argued
that it would be unwise and totally iucon-
sistent in the performance of their duties as
Supervisors to send matter of this kind
through with railroad spsed.
The Court claimed that after the Board
had been served with the first writ from the
Court, they were in session, and had no right
to adjourn for week or the term without
acting in the matter There Was no disposi
ton on his part, ne claimed, to have any
trouble with the Board individually or col
lectively. He said il closing his remarks
that if the Board took action in the matter
by o'clock to-day, the writ would be dis.
missed, otherwise they would be held and
punished for contempt.
BOARD OF SUPERVISORS. The Board of
Supervisors met in regular session at 10 a. NJ.
yesterday; sll the members present. The
minutes of the preceding meeting were read
and approved. On motion of Mr.. Christy.
seconded by Steinman, the hearing of the
road petition of Z. G. Morton ami others was
postponed until Friday, November 9sh, at 10
o'clock A. NJ. The Road Committee, to
whom was referred the demand of Mrs An
drews, reported chat they were examining the
records and asked for further time. Ga mo-
ton of Supervisor Steipmsn, seconded by
Christy, the committee was allowed further
time by unanimous vote. The Building Com
mitfes reported that the upper hall of the
pavilion had been rented for $50 per month
to Thomas Allen. and reported one months
rent paid into the treasury. On motion of
Mr.. Bailey, seconded by Mr. Steiuman, the
Road Committee WIS., empowered TO send for
persons and papers in regard TO claim of Ida
E. Andrews.
ANNUAL REGIMEETAL BALL.-On Friday
evening, November p, a grand review and