Sacramento daily record-union., 1883-10-18
THE SUPERVISORS IN COURT

TIE SUPEkNI5Oks IN Soohi'
A large number Of people assembled at the
Court-house yesterday about l o'clock to
witness the Court proceedings in the case OF
Ida E. Andrews vs. The Board of Supervi-
sors of Sacramento County Judge Arm
strong had summoned the Board before him
on Tuesday for contempt of Court, because
they had refused to act IS commanded by MIN
in writ of mandate. He assured them that
If they did not perform the duty required by
the writ before the hour OF O'Clock on
Wednesday, he would hold them for con-
tempt and punish them as required by law.
The Board, as a body, concluded to disregard
the erder, and individual members had no
hesitancy in so declaring on the streets and
in other public places. The Judge no one
thought would recede from his position, hence
the curiosity of so many to be present and
witness the proceedings.
At 2:15 P N. Judge Armstrong came into
the Court room, took his seat on the bench
and directed the bailiff to open Court At the
same time Benjamin Bailey approached the
Judge, and, in an undertone, held hurried
conversation, after which he retired for a
moment and returned with the entire Board.
When the seven stslwart officers filed in, and
took their seats behind the bar, there was
broad smile throughout the Courtroom, and
was participated in by the entire Board.
Even the reporters, usually stsid individuals,
Joined in the fun, as was evinced by an ap-
preciative twinkle of their eyes as they
sharpened each an extra pencil. In fact,
every body participa ated in the leVity spirit OF
the occasion, except the Judge. who main
tanned his usual look Of severity and rather
frowned. when he said, Gentlemen, have
you COUNSEL
Chairman l. NJ. Smith said they expected
to be defended by General Carey, the District
Attorney that is, if any defense was neces-
Mr.. Carey stepped forward and took a
seat by the side of Martin and Jones, the
counsel for plaintiff.
Mr.. Jones arose with much dignity, and
casting withering glance at the seven non
| iudicial.obeying officers, said, Your Honor,
the order you made yesterday has not been
| obeyed."
MIR. Carey said it was true that the order
had not tesn obeyed, that is, no final dispo-
sition had been made by the Board. The
Supervisors had, during the forenoon, been
Investigating, and had discovered a num-
Der Of papers that it was necessary
for them to examine before they
could finally dispose of the $5l, 900 demand.
The papers were found in the hands of
the counsel for the plaintiff. He called on
County Clerk Coglan, who was sworn, and
read the minutes of the forenoon session of
the Board, which went to show that ths Board
was industriously working at the matter but
still wanted mora time He said that arrange
ments had already been made for the entire
fo nd ha
grounds where the SOL 900 ditch had been
dug, and to ascertain if it was or was not q
public highway.
Samuel Blair was put upon the stand and
questioned by counsel on both sides, also by
the Court. He stated that the papers referred
to by Mr.. Carey, and that had been found yes-
terdsy, were material in the case, and were
necessary in order to be understood, before
the Board in the matter could act intelii-
gently.
The Court then said "Mr. Blair, I wish
to ask you the following question, which l
wish answered by each member of the Board :
If you should go to CourAand, and ascer
tanned that the road was a public highway
and that the lady was injured there, would
that change your mind in relation to the dis
position of this claim ?" The answer was :
Yes, it might, but not as to the full amount
He afterwards said he thought it quite likely
that the visit would not make any difference
with him as to the disposition of the matter
l. NJ. Smith said he thought viewing the
premises would make some difference. It
was customary, in matters of claims against
the county, to proceed with caution, aud
often to compromise, as was done soma time
since where title to some of the hospital
ground was in question.
S. Gottlieb said he thought it would assist
him in forming decision as to the merits, If
there were any, in the demand.
William McLaughlin's reply was that if he
became fully convinced, by personal inspec-
ton. that the spot complained of was on
public highway, it might make a difference in
his decision.
Edward Christy said he wished the matter
thoroughly investigated. If the claim had
any merit, let the Board have ample time and
means to ascertain the fact
B. U. Steinman said be did not think the
visit would assist him in the least It might
in case of compromise, but, go far as he was
concerned, he was opposed to that style of
doing business, as his vote on the hospital
matter referred to by Mr.. Smith would show.
G. 7. Jones said the answer Of the Board
really meant nothing. They had simply been
trifing with the Court. They might do this.
they might do that, and they might settle the
matter for four bits. He claimed that he
and his associate counsel had not been treated
By the Board with the courtesy dus them.
They had the question before them for weeks,
refused to act, and would not do go when 30
directed by the Court. The Board, he
claimed, had all the evidence they could ask
for as to the road being a public highway.
because that fact had been established in
Court in this county only few weeks since,
in case whera Ida Z. Andrews was awarded
judgment for S25, 000 All the evidence
they asked for, said they wanted or could
possibly desire was a matter of record, and
they were aware of the fact. The Board hal
by their acts OF the past few days placed
themselves in q position toward the Court
that cannot be claimed to be anything short
of contempt, and they should be punished
| accordingly.
A. P. Catlin said that when Grove L.
johnson first presented the demand to the
Board he did so in the most offensive man
ner, and threatened them with the Court if
they did not Immediately consider the mat
| ter. Counsel on the other side were of the
opinion that few hours was a reasonable
time. He was certain that the Board had
given good and substantial reason for their
entire conduct In the matter, and ths reason
for their apparent delay.
The Court interrupted counsel. by stating
| thsthe had made up his mind what to do in the
|
the feelings developed by either party. He
had examined the authorities, and was salts
ied that the delay Gid not affect the case one
way or the other; in other words, the rights
of the plaintiff were not jeopardzed by the
delay. That being the case, he was willing
to allow the Board OF Supervisors until 1:30
NJ on Monday next. II the Board did not
act by that time he would feel called upon to
pursue some other course.
SOCIAL DANCE.-Last evening a social
party was given at the Turn Verein Hall for
the purpose of erecting monument to the
late Turn teacher, G, Lohse. The Commit
tee of Arrangements were Minnie Frieseke,
Laura Kre5s. Bertha Reeber and Della
Hagelstein. Floor Director, Lottie Bauer.
Floor Managers, Emma Weber, Emma Meis-
ter, Emma Krebs and Minnie Frieseke. Not
only the popularity of the Turner parties,
but the very worthy object of the affair,
caused a great number of tickets to be sold,
for the dead master was loved and respected
while living, and they thus sought TO mark
his honored tomb. The hall was filed with
dancers, and the good condition of the floor,
/ -. Al ff,r