The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1890-08-29
A WARRANT WAR.
Registration Clerks Encounter
another Snag.
But the Laugh Seems to Be on the Shylocks
Instead Of the Clerks-History Of
Peculiar Case.

Between Auditor Strother and Treasurer
Refs, Ray Falk and bis associates are hay
ing merry time.
In spite of the fact that the Supreme
Court decided the case between Falk and
Strother in favor of the former and com.
PEELED Strother to audit Falk's warrant
now the Treasurer refuses to pay the de-
mand, and Falk has been obliged as a last
resort to apply for writ of mandamus in
the Supreme Court compelling the Treas
| urer to cash the warrant in question.
The case is full of curious and amusing
complications, and will bear brief ex-
| PLANTATION.
Section 20 of the Registration Act en-
powers the Board of Election Commits
sloners to appoint "a certain number of
| clerks to act as experts in examining the
| precinct registers, after registration has
| been completed, and see if everything is all
right. In 1856 this course was pursued,
| and Ray Falk, along with sixteen others,
was appointed. But the Commissioners
made the mistake of appointing these clerks
| some fifteen or twenty days too soon, as reg
istration had not ceased at that time, and
according to the law their duties could not
| commence until registration had ceased.
REFUSED TO AUDIT.
When their warrants were presented to
| the Auditor for half-month's salary that
they really were not entitled to, Mr..
Strother refused to audit them on the
ground stated, although he was one Of the
commission who helped to appoint them.
They then took an appeal to the Board of
Supervisors, where their demands were ap-
proved and the Auditor instructed to sign
their warrants. Still he refused. Finally
10 settle the matter Falk took his case into
court and Strother agreed to abide Dy Its
decision. He further agreed that the ruling
in Falk's case should decide all the cases
and that II would be unnecessary expense
for the rest OF them 10 commence similar
proceedings.
The Superior Court decided In Falk's
favor ana it was, of course. supposed, rely
ing upon Strother's promises at the CON-
meneement of the case, that the whole
getting their warrants signed and drawing
their money.
AN APPEAL TAKEN.
Not so, by any means. Strother went
fatty back on his own proposition, ana 50
far from auditing the warrants, appealed
the case TO the supreme Court. All This
time lac clerks WHd were awaiting the
termination Of Faik's case 70 have their
own disposed OF were taking no GJeps
whatever 10 preserve their own rights, u
they had any, agalns. the statute OF limita-
lions. Inc case hung fire in the Supreme
Court until last June, nearly four years
from the time it was commenced, and then
Falk got another Judgment in his favor.
The supposition was naturally that this
ended the war. Wrong again. True, Mr.;
Strother acknowledged his defeat and
promptly signed Falk's warrant-more, he
signed all the other warrants that had been
tucked away IN dusty plge0n-holeS Tor Jour
years. But when Falk presented his to the
Treasurer 10 his diSmay, payment Was re-
fused.
\ STUPID BLUNDER.
Now comes up the intricate legal phases
of the case. When Mr.. Strother went into
court to defend the proceedings against
him by Falk he stupidity neglected to raise
the original point upon which he refused to
audit the warrants, that is, that the clerks
had no right to draw salary Tor the half
month previous 10 the closing of registra-
ton, and the whole case was fought in
both courts Oh the Auditors duty as min
isterial officer once the warrants were ap-
proved by the Board of Supervisors. Since
no other points were raised the courts, Of
course, were limited to that one and both
agreed that it was the Auditors duty to
audit warrants that had been approved by
the Board Of Supervisors.
AN ILLEGAL CLAIM.
When the warrants, duly audited, were
presented TO the Treasurer to be cashed he
refused 10 CaSU L ak 5 warrant on the ST0uuu
that II was an illegal claim-the same
ground originally urged by the Auditor
and he also refused to cash the other war
rants because whether legal or not they had
expired by the statute OF limitations. On
this latter point he consulted the City and
County Attorney, and WAS told by that Off
Ger that, according to law, unsatisfied cl,ims
against the city expire if not prosecuted
within three months. This, of course,
buried forever the sixteen warrants that
were pigeon-holed four years ago waiting
for court decision.
Falk is now trying with all his might to
resuscitate the expired warrants, and, with
that end in view, submitted to City and
County Attorney Flournoy yesterday the
following stipulation, which he asks that
officer to sign:
THE STIPULATION.
In Re Falk ell al VS.. Resin regard TO all
demands against the Treasury OF the city and
county of San Francisco, State of California, for
clerical assistance 10 the Board Of Election Com.
nissioners Tor the detection OF fraud and scru-
llnlzing Inc registration OF voters, etc., for the
year 1856.
1t is her eby stipulated that all OF said demands
approved and allowed by the Auditor Of tile city
and county OF San Francisco shall be- considered
as having been duly presented for payment 10
the treasurer 5 Of said city and county. within
twenty (2U) days after such approval and allow
ance, as aforesaid. and tile payment Of each OF
said demands refused by sald Treasurer.
And II Is further stipulated that one suit
based upon demand No. - OF II. q. Falk for
500. Tor salary for the One-haf month OF Sep
TENDER, 1886, ana No. 570S of w. ID. Smith for
the same time, and by said Smith assigned 10
said Fax, shall be a test case as to all OF said
demands, and that In Case OF final Judgment by
the supreme Court of this State inandamusng
and commanding The Treasurer TO pay the par
llcuiar claims, selected as test claims, as af0re.
said, the undersigned, the said Treasurer. Will
pay out OF the Genera Fund of said city and
county each and every one Of said several claims
ana demands IN conformity with and 10 the eX-
tent mat SAID Supreme Court may adjudgc The
same payable In the proposed suit, in like man
ner as II Judgment had been so pronounced In
suit upon each and every OF said demands.
AN ABSURDITY.
MIR. Flournoy has not yet signed this d0cu-
ment, ana probably will not, because it is
an absurd proceeding on its face. The idea
That stipulation of any kind between any
officers OF the city government can counter
act and neutrallze State law is so absurd
that 1t becomes actually amusing.
But the laughable feature of the whole
transaction has yet to be told. Finding
that the Treasurer would not cash these
warrants MIR. Falk went around and gath
cred up as many Of them as he could find
dozen or more-and went downtown to
Goldberg and other money brokers to sell
them. lie referred them to the late deci-
sion OF the Supreme Court in his favor,
showed them the warrants duly audited,
and said, so 1t is reported, that his reason
for wanting to sell them was because there
was no money at present in the City Treas
ury and the boys needed the money.
without suspecting anything the Shy
locks readily consented to discount them
and the money was paid over
The expressions Of dismay were trans
ferred from the faces of the clerks to the
faces OF the m0ney-lenders when they pre-
scented their discounted warrants IN the