The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1893-07-11
He Declares That the Supervisor
Holds His Seat Illegally
And Brings The Matter IntO Court by Means
Of a Mandamus Suit for His
Unpaid Salary.

Jones and the Board of Supervisors have
been at outs for some time.
The cause is that the board, principally
through the efforts of Chairman Morri-
son, has refused for the last three months
TO allow Mr.. Jones' demands for his
monthly salary. Chairman Morrison is
also said to have refused to sign Mr..
Jones' demands prior to the last three
months, even though the majority of the
board allowed them. Now the entire
board stands with the Chairman, who
gives as his reason for pigeon holing the
demands that he was advised by an at
torney that the Deputy District Attorney
was illegally holding Office, and had no
right to draw upon the county for his
services.
The breach between the deputy and
the board was further widened when T.
a. Burr brought an injunction suit to
prevent Jones from getting his money.
The deputy came out victorious in this
case-getting a favorable decision on his
demurrer-but still Chairman Morrison
ignored the salary demands and declared
that Jones would have to sue for his sal
airy and thereby have the matter fully
tested in court.
Mr.. Jones did not take to this idea
kindly at first, but when he heard, a day
or two ago, that Burr was going to further
sgitate the trouble by bringing another
injunction suit presumably backed by
the Chairman of the Supervisors he de-
termined to do little aggressive work
himself He therefore consulted his law
books and prepared a petition to the
Superior Court, asking that four mem
bers of the board be compelled to appear
before the court and show cause why a
peremptory writ of mandamus should
not issue commanding the respondents
to examine, settle and allow his claim,
and order warrant for his salary to be
drawn by the Auditor.
JONES' BoMBSHELL.
As stated above, Mr. Jones only asks
that four members Of the Board of Su-
pervisors be commanded to appear in
court, and just here is where the sensa-
tional part of his action comes i'll.
The four he cites are Messrs. Jenkins.
Miller, Todd and Curtis.
Chairman Morrison is left out, for the
reason that Deputy Jones does not believe
that the Chairman has any right to par
ticipate in the deliberations of the board
in short, that he is an usurper Further
than this, he asks the court to command
Chairman Morrison to refrain and desist
from examining or voting upon or in anv
manner, "either as such pretended Su-
pervisor or as Chairman of said Board Of
Supervisors of Sacramento County," or
otherwise acting upon the claim.
In support of his declaration that Chair
man Morrison holds his seat illegally.
Deputy Jones says that the Chairman
never took the oath of office nor qualified
according to law. The certificate of Mr..
Morrison's oath of office is on file in the
County Clerks office, but it does not bear
his signature, nor does it contain any
thing to indicate that the document was
sworn to. County Clerk Hamilton pro-
duced the document yesterday afternoon,
and in obedience to Mr.. Jones' request
made close examination of it. Several
others also examined it, and all readily
saw that, probably through some mis-
take, Mr.. Morrison had not attached his
signature. On this Mr.. Jones bases his
claim that the law has not been complied
with, and that, therefore, Mr.. Morrison
holds his office Illegally.
Deputy Jones' petition was filed with
County Clerk Hamilton yesterday after
noon, and, it is expected, will be heard
by Judge Catlin in about two weeks.
Following is the full text of the petition:
THE PETITION.
In the Superior Court of the county of
Sacramento, State of California, J. Charles
Jones, petitioner, VS.. NJ. Miller, as Su-
pervisor of the county of Sacramento,
Thomas Jenkins, as Supervisor of the
county of Sacramento, William Curtis, as
Supervisor of the county of Sacramento,
J. W. Todd, as Supervisor of the county
of Sacramento, composing the Board of
Supervisors of Sacramento County, and
J. NJ. Morrison proceeded against as an
individually, respondents.
The petition of j. Charles Jones re-
spectfuily shows: That petitioner at all
the times in this petition mentioned was
and now is citizen of the State of Cali
fornia, and duly qualified elector of the
county of Sacramento, State of California
and an attorney-at-law duly licensed as
such to practice law in all the courts of
the State of California.
That respondent NJ. Miller at all the
times in this petition mentioned was and
now is duly elected. qualified and act
ing Supervisor of the county of Sacra-
mento, State of California.
That respondent Thomas Jenkins at all
the times in this petition mentioned was
and now is duly elected, qualified and
acting Supervisor of the said county of
Sacramento.
That respondent William Curtis at all
the times in this petition mentioned was
and now is duly elected, qualified and
acting Supervisor of said county of Sac
ramento.
That respondent j. w. Todd at all the
times in this petition mentioned was and
now is duly elected, qualified and act
ing Supervisor OF the said county of Sac
ramento.
That said respondents, NJ. Miller.
Thomas Jenkins, William Curtis and J.
W. Todd, at all the times in this petition
mentioned did and now do compose the
Board of Supervisors of said county of
Sacramento.
That respondent, J. NJ. Morrison. at all
the times in this petition mentioned
claimed and pretended and now claims
and pretends to be duly elected, quail
fled and acting Supervisor, and the duly
elected and acting Chairman OF the Board
of Supervisors of said county OF Sacra-
mento.
Petitioner is informed and verify be-
lieves. and upon such information and
belief AYERS that said respondent, J. NJ.
Morrison. did not take and never at any
time has taken and subscrl bed and filed
his oath of office as supervisor Of said
Sacramento County, in accordance with
and as required by law, and upon such
information and belief petitioner further
AYERS that said respondent, J. Nj. Nor
Fison, is not now and never at any time