Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-02-26
BOARD OF TRUSTEES.
Funded Debt Tax-Sharp Words Between
the Trustees and Judge Beatty.

Funded Debt Tax-Sharp Words Between
the Trustees and Judge Beatty.
Yesterday afternoon the Board of Trus-
tees met to consider the writ of mandate for
the levy of the ten cent tax for the Funded
Debt Commission. Judge II. o. Beatty was
present and demanded an immediate levy
of the tax.
Mayor Brown suggested that the Com
missioners had better defer the levy for this
year, as the tax-roli had been arranged, and
there is no room for an additional tax,
without the expense of supplemental roll.
Trustee Jones urged upon Judge Beatty
the policy of not enforcing the order at this
time, as it might eudanger the collection of
the balance of the taxes.
Judge Beatty declined to listen to any
terms. and proclaimed his intention to
have the tax levied, and would hold each
Trustee personally responsible. He
claimed that the Trustees had lnterfered
with the Funded Debt Commission long
enough, and he would make them obey
the law.
Mayor Brown denied that any obstacles
had been made against the Commission.
but on the contrary, it had. been greatly
favored by the Trustees.
City Attorney Anderson was then sent
for, to advise the Board upon the proper
course to pursue. Mr. Andersen arrived,
and announced the tenor of Judge McFar-
lands decision. That while, Of course,
not final, still it was entitled to great con-
sideration. He advised the Board to do
all IN Its power to comply with the writ,
rather than have any further trouble. He
called upon Judge Beatty to be satisfied
with the money on hand, which he could
only use with the consent of the Trustees
This course would make harmony
Trustee Nielsen interrupted the City At
torney with the question, What effect
will any changes upon the assessment roll
have upon the collection of the taxes?''
Mr. Anderson answered that our revenue
laws are complicated, and independent of
the Codes, and any tampering with the roll
might lnyalidate the whole levy The only
safe course to pursue, if the tax is levied,
IS to have supplemental roll, and then no
one would pay the tax-just as was the
case IN the famous l per cent. mandamus
IN 1858; not one cent was ever collected
Auditor Mckee said he would not inter-
fere with the tax roll as it had been pre-
pared, because it would be unlawful.
Each member of the Board, as well as
the City Attorney, urged Judge Beatty to
wait until next year, and the decision of
Judge Mcfarland would be considered the
final adjudication. All have the utmost
respect Tor it, but, if forced to take action
now, they would certainly order an appeal,
which would defeat the tax this year, no
matter whether 1t was approved or not.
Trustee Nielsen alluded to Judge Beattys
remarks on the argument of the case in
Court, wherein he said that Trustee Mel
sen had refused to obey the law in making
this levy, and it would be seen whether the
people will indorse his action Mr.. Mel
sen, with much warmth, declared that he
would like to make his action in this mat
ter an issue, and go before the people upon
that alone. Mayor Brown again called
Judge Beatty's attention to the situation,
and how little could be accomplished BY
his persistency; but the Funded Debt Com
missioner was obdurate
Nielsen then moved that the City At
torney be ordered at once to prepare an APP
peal and obtain stay of execution of the
writ pending appeal. Nielsen and Jones
voted aye. Mayor Brown was excused.
Ii is generally understood that the prin-
cipal object of the appeal is to defeat the
levy for this year, although many think
there is merit in the constitutional point
raised. Should it occur that the constitu-
tional objection be sustained. it would
make a great change in many other Boards
and Commissions, and might abrogate the
Fire Commissioners. Police Commissioners,
and other similar bodies in the State The
question has never been directly passed
upon by our Supreme Court As the mat
ter now stands, the Board of Trustees has
got its back up and there is cessation
OF good feeling between it and the Funded
Debt Commissioners.