The record-union., 1893-07-29
TAKING A FRESH GRIP.
Assistant District Attorney Jones With
draws His Suit.
Another Mandamus Suit Against the
Supervisors is Immediately Filed
The New Complaint.

Assistant District Attorney ]. Charles
Jones yesterday withdrew his man
damus proceedings against the Board of
Supervisors to compel them to audit his
salary demand.
Mr.. Jones has not quit" but simply
withdrew his petition in order that he
might SUI bstitute eanother-and the new one
was filed late in the afternoon. This was
done because he believes the change will
result in giving him more complete and
substantial remedy in regard to the re-
covery of the salary the Supervisors have
refused to pay.
The complaint in the new suit reads as
follows:
''The plaintiff complains of the above
named defendant, and for cause of action
AYERS: That defendant at all the times
herein mentioned was and now is polit-
ical corporation, duly organized, existing
and acting under the laws of the State of
California. That plaintiff at ali the times
herein mentioned was and now is an
attorney-at-law, duly licensed as such to
practice law in all the courts of the State
OF California. That on the 18th day of
January, 1893, the Board of Supervisors,
defendant, which was then duly organ
lied and in regular session for the trans
action of business, duly and regularly
made, passed and caused to be entered of
record upon the minutes of said Board of
Supervisors, the following order or reso-
luton, towit: Supervisor Todd moved
that J. Charles Jones be employed as
special counsel for this board in all cases
IN which the county is a party, and to
assist the District Attorney and advise
the board upon all questions of a legal
nature by them submitted, at salary of
800 per month. Seconded by Curtis, and
SO ordered by roll-call by the following
vote: Ayes-Miller, Todd, Curtis, Jen-
k1ns; noes-Morri.on.'
hat petitioner, ever since the making
and entry of said order or resolution, has
consented to act and to continue to act
hereunder and did act in accordance
herewith from April, 1893, to May, 1898,
and thereupon there became due from de-
iendant to plaintiff for conversation as
said special counsel for said month the
sum of SlO0. That thereafter plaintiff
duly filed with the Clerk OF said Board of
Supervisors, more than one day prior TO
the session of said Board of Supervisors
at which said claim was asked to be heard,
claim or account for the said sum of
SlOU Tor compensation as special counsel
as per said resolution or order of said
Board OF supervise OF defendant for
said month from April, 1898, to May, 1893,
IN the sum or amount OF 500, which said
claim was duly itemized and gave the
names, dates and the particular service
rendered, and said claim was then and
there duly verified by the oath of petit
TONER as to its correctness and was in all
respects made and filed as required by
law.
That on or about the - day of May,
1888, 1t became and thereafter continued
TO be the duty of the Board of Supervis-
ors of defendant TO examine, settle and
allow said claim or account, and to order
warrant for said sum of 500 in favor of
plaintiff, to be drawn therefor by the
Auditor of the defendant on the Treas
urer of defendant. That plaintiff on the
lth day OF July, 1893, caused demand to
be made of and upon the Board of Super
Vlsors of defendant that they examine.
settle and allow said claim or account of
plalntltf according TO law, and plaintiff is
informed and believes, and upon such in
formation and belief alleges said Board
of Supervisors of defendant refused SO to
90. That said Board of Supervisors O fClc-
fendant as aforesaid disallowed said claim
or account of plaintitf, and said clai m or
account has prior to the filing hereof been
disallowed. That defendant has not paid
SAID sum of 500, nor any part thereof, and
the whole thereof is now due and unpaid
from defendant to plaintiff. For second
and separate cause of action plaintiff
alleges precisely similar to the alleea-
tlons in the first cause of action-ior
month of May to June, 1899. For a third
and separate cause of action plaintiff
alleges precisely similar to the allega-
uons in first case of action-for month
of June to July, 1898. Wherefore plaintiff
prays judgment for $500, with interest ON
said sums from the time the same became
due, and for his costs and general relief"