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

DuSRJs Hau ubr bplu6 scNeTely luJuIou anu
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 being
made IN the road, and after long and tedious
trial before jury, she was awarded $50, 900
damages Her attorneys, Jones Martin
and Grove /. johnson, have since arranged
to commence 8 suit agoinst the county for
Sol, GOO, claiming that the county is response
bic for the condition of all public highways.
As preliminary step they presented bill
for S5l, 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 rejected. 1t
would seem that the bill or claim outlaws to-
dsy, and the Supervisors made up their
minds, apparently, to checkmate the attor-
neys of the plaintiff by taking no definite
action. They neither approved nor rejected
the claim, but kept passing it from one
committee to another. The lawyers, not
wishing to be sat down upon in
this manner by Board OF Supervisors.
eudeavored, 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 as 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 Y
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
are hereby commanded forthwith to attach the
bodies Of Samuel Blair, Samuel GOttlieb, Benjamin
L. Steinman, Edward Chri-ty, l. NJ. Smith and VIM.
Mclaughlin, and have them before said Court forth
with then aud 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 1885, 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, 1888. c.
NJ. CogIan, Clerk.
Sheriff Estill, armed with the above docu.
ment, marched into the Supervisors room,
made them acquainted with its contents,
placed than 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. Coglan, County Clerk and ex
oficie Clerk of the Board of Supervisors, was
placed on the stand aud briefly stated all he
knew relative to the claim, and produced the
minutes of the various meetings. He recog-
nizsd 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 o 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
stion 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 a close, thorough
and just consideration. The Board. he
said, had granted the request by unanimous
vote. The committee he thought should not
be expected to DO 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 $51 900
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 wss stated that the
statute of limitations would step in on the
Of ba nl IN
the manner stated by counsel for the defense
it would be a subYsrsion of justice and should
not be permitted.
Mr.. Carey claimed that the Board of
Supervisors were il no wise TO blame because
the attorneys for the defense presented their
claim at the eleventh hour. It was a claim
of great magnitude, and although the Board
could do nothing but ejsct it, s5ill they had
8 right TO hold it for consideration reason
able length of time. The Board, he claimed,
would be liable to cehsure from the citizens
throughout the country if they acted in this
matter with undue haste. They we're men
who realized the position they were placed in
and would and should act carefully and with
deliberstion. He claimed that the Board
was taking as active steps in the matter as
could be expected OF The exigencies of the
case required.
Judge c. benson agreed with all that
had been said by General Carey, and stated
that in his opinion forthwith mesHt a rea-
sonsble length of time. There hsd been no
session of the b )ard for two weeks, and no
opportunity foI them to act sooner. He said
he was reliably informed that the natter was
being looked into by the Supervisors that it
was very large sum of money, and he be-
leved that they would, while locking after
the funds of the county, not lose sight of any
just claim of the defendant
A. p. Catlin also took the floor in defense
IF ths Board, reviewed the case, and argued
that it would be unwise and totally incon-
sistent in the performance of their duties as
Supervisors to send a 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 in closing his remarks
that if the Board took action in the matter
by l 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
rosd petition of E. g. Morton ami others was
postponed until Friday, November Oh, at 10
o'clock A. NJ The Road Committee, to
whom was referred the demand of Mrs. Ar
dTews, reported that they were examining the
records and asked for further time. Ga mo-
ton of Supervisor Steiumsn, seconded by
Christy, the committee was allowed further
time by unanimous vote. The Building Com
mittee reported that the upper hall of the
pavilion had been rented for $50 per month
to Thomas Allen, and reported Que months
rent paid into the treasury. On motion of
Mr.. Bailey, seconded By Mr.. Steinman, the
Road COMMITTEES WIS empowered to send for
persons and papers in regard to claim of Ida
4. Andrews.
ANNUAL REGIMEETAL BALL.-On Friday
evening, November d, a grand review and
I-,,, l., ILL