Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1885-10-17

for writ of mandate against Jas. n. Porter,
Treasurer. for payment of 500 600. benson,
Rosenbaum & Schesline are his counsel.
The intervention above referred to was also
interposed in this suit. The city's counsel
are Messrs. Anderson, McKune & George.
Frank Miller on May 5, 1884, invoked the
writ OF mandate for 1902 against James
n. Porter. The same counsel that appeared
in the last case are in this on both sides.
G. K. Fitch filed petition for mandate
for ST $50, in coupons, against j. n. Porter,
on May -, 1884. benson, Rosenbaum &
Scheeline for petitioner. No action taken.
On June 2, 1884, in the county of Ala
media, John Partridge asked for mandate
for $1,000 against Treasurer Porter. benson,
Rosenbaum & Scheeline for petitioner. The
City Attorney procured the transfer OF the
case to this county, and there it rests.
On June 3, 1884, Max Hausmeister varied
the monotony of the proceedings by pray
ing for writ of injunction against the
Treasurer, to prohibit him from paying out
of the treasury any sum in excess of 40 per
cent. thereof, claiming that So per cent. of
the gross revenue should be devoted to the
| sinking and interest fund This suit was
! in the United States Circuit Court, and on
August 25 1884, was decided by Judge Saw
yer in favor of the city. g West Coast
Rep, 594.)
On June 49, 1885, Daniel Myer invoked q
writ of mandate against the Treasurer, to
| transfer all the surplus remaining in the
several funds at the end of the present
| fiscal year. He claims this relief under
Section So of the Consolidation Act of 1858,
The case is pending on demurrer.
On the 18th of February, 1885, the cases
| of Meyer VS.. Porter upon mandamus were
called for trial before Judge Mcfarland.
| 1t was agreed among counsel for the
! various parties that all the mandamus
cases should be included in the hear
ing, and that one judgment should ap-
ply to all the cases. Meantime, Sam Davis
| had filed a complaint of Intervention in all
| this class of cases, setting up prior right on
account of his coupons having matured
before those of Meyer. His claim amounts
of about $4,000 Davis counsel in these
| interventionS are Mastick, Belcher d
Mastick, l. S. Belcher, and Freeman &
Bates. +. D. Kennedy also files an inter-
vention in each case, claiming $4,000, cou-
| pons of prior date to those of Meyer. His
attorneys are Winans e Belknap and
| Freeman & Bates. The Funded Debt
Commissioners and l. and S. Wormser, by
| w. II. Beatty, also interviewed upon claim
of prior rights.
The trial of the various issues raised by
THESE NOIuHlliOuS piedulllSS continued sew
eral days. The arguments were made by
benson and Rosenbaum for Meyer and
Roeding \. c. Freeman for Kennedy
W. Ii. Beatty for Funded Debt Commits
| sioners and others; w C. Belcher for Davis
| j. HI. McKune for the city and A. P. Catlin
for Porter. On July 90, 1885, Judge McFar-
land rendered an extended opinion in the
| cases, following the rules laid down by the
Supreme Court on the points already de-
| cided, and holding that writ of mandate
should issue, directing the Treasurer to pay
the coupons in the order of their maturity,
| and ordered the several parties to prepare
findings" Last Tuesday there were pre-
sented to Judge Mcfarland the findings in
the case. On Wednesday plaintiff moved
to dismiss the petitions in intervention
tiled by e. ID. Kennedy, Samuel Davis and
the Funded Debt Commissioners. The
motion was denied, and the argument OF
| the case set for 10 A. n. Monday next. The
findings will probably be settled on that
day
Taking the full and fair aspect of the
case, the city may be said to be in q very
favorable position. The litigants who first
assaulted the city are now at war with each
other, while the city looks calmly on at the
contest. For the reasons given a short
time since in the columns of the RECORD.
| UNION, the city can dictate the terms of g
! compromise as soon as the Court of last
! resort shall determine who shall have OF
. in what order the money in the sinking
and interest fund shall be paid out.