The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1891-07-26
THEY WILL HAVE
TO GO TO COURT.
The Auditor Will Not Sign the
Firemen's Demands.
He Is Sustained by the Finance Committee
Of the Board Of Supervisors Sam
Raineys Neglect.
A meeting of the Finance Committee of

A meeting of the Finance Committee of
the Board of Supervisors was held yester-
day. Supervisor Ellert presiding. The com
mittee considered whether or not the sala-
res of certain mem bers of the Fire Depart
ment, whose warrants Auditor Smiley re-
fused to sign, should be paid. The ground
upon which the Auditor withheld his sigma
ture from the demands of certain extramen
and three new district engineers was that
their appointments were Illegal under the
Consolidation Act The firemen appealed
to the board and the matter was referred to
the District Attorney, who returned an
opinion that their appointment by the old
Board of supervisors was legal and that
they should be paid
TOO MANY SUBSTITUTES.
The decision did not satisfy the Auditor,
and he refused to sign the warrants. He
appeared before the committee yesterday
and stated that Extraman McAvoy. one of
those whose demands he refused to sign,
was acting as substitute for r. Cooper,
who was thus enabled to hold another posi-
ton in the Mint at salary of So day, and
whereby he could soon obtain pension by
holding on to the position.
The Auditor next men toned the case of
Alexander Greggains, whom he stated was
professional pugiliSt, and whose brother
Michael seeks to act as his substitute.
Again, j. Ii. johnson was substitute for
Ben johnson, while j. j. Gully, hydrant-
man, is holding the position of somebody
else. The Auditor denied that there was
anything in the law to permit substitutes to
draw the salaries Of employees in the Fire
Department.
&. The committee on this point decided to
report in favor Of the denial of the appeals
the frpmRD hpllavinO that the tier
was proper subject for the courts to de-
eide upon.
PLENTY OF LAW ON THE OTHER SIDE.
Auditor Smiley next claimed that the ap-
pointments of the three new district engi-
neers made by the old Barry Adminstra-
tiOn' was illegal. and asked Clerk Russell
II there were any authority for it.
Clerk Russell replied that both District
Attorneys and City and County Attorneys
had held that the old board was empowered
to make the appointments.
The Auditor contended that there was lust
as much law on the other SIDE, and that the
board might just as we'll appoint two Mayors
or two Sheriifs.
Chairman Ellert stated that it was better
that the matter should be decided in the
courts and. the committee so agreed to report
adversely.
In regard to the appeal of Samuel Rainey
for his salary as Superintendent of Engines,
the Auditor said that his duties had not
been properly performed, aud that he had
not flied proper reports for over a year as
required 0y law. The committee decided to
report against Ralney's appeal.
On the Auditors recommendation the
committee concluded to report against the
demands Of Tim O'Shea, assistant hostler;
Joseph Gully, sut-hydranlman, and J. Bur-
nett, assistant drayman, as these positions
are not authorized by the law.
1t was decided to sustain the appeals of
Suckers John Cook and James NJ cQueeney
Engineer w. Cunningham and Extraman
John Shields
A RAP AT ACTING CHIEF SULLIVAN.
Auditor Smiley, in the course of his re-
marks. criticized the reports of acting Chief
Sullivan, in which he states that the appar-
atus OF the department Is in good cond ton
and at the same time makes acquisitions for
thousands of dollars for repairs. be also
referred 10 the fact that for the last six
months Chief Scannell has not been able to
do stroke oil work on account of sickness.
The committee awarded to j. E. Gross
man the contract for reminding tile dlapi-
dated books in the Tax Collectors office, at
fnr larp fnr yol