The morning call., 1893-10-11
ANNUL THE VOTE.
SausaIito's Incorporation
Opposed in Court.
CLAIMS OF THE OPPOSITION.
The Board of Trustees Will Never.
thelesS Proceed to Improve the
Suburban Town.

Proceedings have been commenced in
the Superior Court of Marin County to
annul the vote taken on August 26 last on
the Incorporation of the town of Sausalito
The complaint Is signed by E. C. Beasley,
private schoolteacher and property
owner, and cites two reasons wherein it Is
claimed the incorporation is illegal.
The first set forth goes to show that
thirty-three votes out of 266 were thrown
out on account Of not being marked for or
against Incorporation. These votes, the petit
toner claims, should have been counted in
as against the question, which if so would
mako the 12S votes cast for incorporation
not a majority of the total vote cast, which
is required by law.
The second reason cited Is that in max
ing the petition for Incorporation the ames
were taken on small pieces of paper and
these pasted together under head calling
for incorporation, and in this condition
filed in the Clerks office.
The whole trouble is the outgrowth Of a
bitter fight made against the incorporation
OF the little town by those residents who
have styled themselves oppos:tionists.
They have employed Fl. Z. Campbell. at
torney for the Savings Union, to press
their suit. and to all appearances the war
has just begun. Those of the substantial
residents who have struggled to have the
place incorporated have been expecting
this move on the part Of the oppositionists
were filed. For this reason the nation
of the town government has been pushed
forward until, at the date of the Ming of
the suit, all of its officers have been
elected. The Board of Trustees has met
and drafted ordinances. and arrangement IS
have already been made, to be carriedsout
as soon as taxes have been collected, for
the improvement of the town In many
ways.
Yesterday afternoon Captain Harrison,
one of the Board of Trustees, against which
the proceedings had been brought. visited
San Rafael to try to have the case placed
on the calendar as early as possible. On
his return he was seen and said: Yes.
we have been served with notice of the
suit, but that will not prevent us from 60
ing ahead with our work. The reason for
bringing the suit at this particular time is
the hope of the opposition party of tying
the town officials up for the winter in lti-
cation and preventing any work, but they
can't do it. We are all ready to go to
work as soon as we can get little money
from taxes which we expect to receive be-
fore the suit Is taken up and tried. The
suit is not an injunction. so there is moth
ing to prevent our collecting taxes
and going ahead. The grounds for
the action set forth in the complaint are
foolish. / to-day called at the Clerks
office in San Rafael and examined the
petition, which it is claimed Is pasted TO-
gether. 1t is all on one piece of paper and
is pasted nowhere. L also examined the
complaint of the opposition aud find that
it is not sworn to. Ii it had been l would
have made the signer answer for perjury.
The opposition received 105 votes against
cooperation; the co-operationists 128 for,
and the remaining 33 bore no mark for or
against and we're thrown out This made
the affirmative ballot a majority of all
votes cast, and how any one can figure out
that the unmarked ballots belong to any
side can't understand"
Notwithstanding the commencement of
the proceedings the Board Of Trustees met
last night and transacted much important
business. A number of ordinances which
were laid over from last meeting were
taken up and put through. Several ap-
propriations for improvements, to be paid
from incoming taxes. were made and after
some talk over the coming suit the meeting
adjourned,