The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1893-07-11

the Board of Supervisors of Sacramento
County, State of California, which was
then duly organized and in regular ses-
sion for the transaction of business duly
and regularly made, passed and caused
TO be entered of record upon the minutes
OF said Board of Supervisors the follow
ing order OF resolution, to wit: ''Super-
visor Todd moved that J. Charles Jones
be employed as special counsel for this
board IN all cases " hich the county is a
party and to assist the District Attorney
and advise the board upon all questions
OF legal nature by them submitted, at a
salary OF 500 per month. Seconded by
curtis, and so ordered upon roll-cail by
the following vote: Ayes-Miller, Todd,
curtis, jenkins; no, Morrison"
mat petitioner, ever since the making
and entry OF said order or resolution has
consented to act and continued to act
hereunder, and did act in accordance
herewith during the month from April
y, 1893, to May r. 1893, and upon
SAID Iast-named date there became due
from said Sacramento County TO petit
TONER for compensation as said special
counsel, for said month, the sum of 500,
and said sum is now due and unpaid from
said Sacramento County to petitioner.
That thereafter petitioner duly filed
with the Clerk of said Board of Super
vlsors on the - day of May, 1898, and
more than one day prior to the session of
SAID Board of Supervisors, at which said
claim was asked to be heard, a claim or
account for the said sum Of SlCO for COM
pensatlon as special counsel as per said
resolution or order of said Board of Su-
pervisors of said Sacramento County, for
the month from April T. 1898, to May Il,
1875, IN the sum or amount Of 500, which
said claim was duly itenized and gave
the names, dates and the particular serv-
ice rendered, and said claim was then
and there duly verified by the oath of
petitioner as to its correctness, and was
in all respects made and flied as required
by law.
That on or about the blank day OF May,
1888, 1t became, ever since has been and
now is the duty of respondents NJ. Miller,
Thomas Jenkins, William Curtis ami J.
w. Todd, as said Board Oh Supervisors of
said Sacramento County, to examine,
settle and allow said claim or account
and to order a warrant for said sum of
9luO IN favor of petitioner 10 be drawn
therefor by the Auditor of said Sacramento
County on the Treasurer of said Sacra-
mento County.
That petitioner, on the 9TH day of July,
le93, caused demand to be made of said
respondents Miller, Jenkins, Curtis and
Todd, composing the Board OF Super
visors of said Sacramento County, that
they, as said Board OF supervisors OF Sac
ramento County, do examine, settle and
allow said claim or account of petitioner
according to law, but said respondents
Miller, Jenkins, Curtis and Todd, as said
Board of Supervisors Of Sacramento
county, refused and still refuse so tc do.
That petitioner is beneticiallv interested
herein and IS without any plain, speedy
or adequate remedy in the ordinary
course Of the law III the premises.
Wherefore petitioner prays that re-
spondents appear before this Superior
Court at the courtroom of Department
No. one thereof at the Courthouse at
Sacramento, California, on the Dist day
OF July, A. d., 1893, at l:30 2. NJ. of that
day, or as soon thereafter as counsel can
be heard, and then aud there show cause
why peremptOry writ of mandamus
would not issue commanding respond
ents Miller, Jenkins, Curtis and Todd as
Board OF Supervisors of said Sacramento
County to examine, settle and allow said
claim or account of petitioner, and to or
der warrant tor the sum of 500 in favor
OF petitioner to be drawn therefor by the
Auditor of said Sacramento County on
the Treasurer of said Sacramento County:
and in order that petitioner may enjoy
his right to have said claim or account
examined, settled and allowed solely by
the Board of Supervisors of said Sacra-
mento County, further commanding re-
spondent Morrison to refrain and desist
from examining or voting upon or in any
manner, either as such pretended Super
visor or Chairman Of said Board of Su-
pervisors of Sacramento County, or other
wise acting upon said claim or account of
petitioner and for such other and further
relief as may be just ana proper in the
premises and for petitioners costs herein.
Dated the 10th day of July, 1893.
CHAIRMAN MORRISON TALKS.
When seen at the Delmonico Restaurant
last night by a RECORD UNION reporter,
Supervisor Morrison did not know that
the mandamus proceedings had been
commenced. After the scribe had related
briefly the contents of Deputy Jones'
petition, Mr.. Morrison smiled Hes
going to keep me from participating in
the deliberations of the board is he?'' he
said, as he lighted fresh cigar. "Wel,
L guess rD be there just the same |
won't lose any sleep over this litigation.
you can rest assured of that. So Pm not
legally holding my seat, ell? Well, when
man is chosen by the vote of the people
and a good vote at that-and then can't
hold his office, why 1 don't want any
more office-holding, that's all. So l
haven't qualified! Humpb, that's good
one."
Did you take the oath of Officer"
asked the reporter.
"Of course I did," replied Mr.. Morri-
son. 81 went up to the County Clerks
office and was sworn in just the same as
the rest of the successful candidates."
And did you attach your signature to
the certifcate?"
~ suppose so. I did just as 1 was told
by the Clerk. l guess everything was all
right. Even if a mistake of that kind
were made, 1 don't imagine that the law
would permit any court to deprive a man
of the office he was elected to. However,
Pm not going to worry my head over the
matter. If Jones is entitled to his money
the court will rule so, and then he will
get it. This is the old extra deputy fight
over again. There are only two extra
deputies employed by county officers
now, one of whom is Jones, and
the other is in the Recorders
Office. We have refused TO pass the
demands of either of them-that
is, have refused to sign them, and they
are not worth much unless | do attach
my name. Before election | took the
stand in my canvass that the county
should not be burdened with deputies the
employment of whom the law did not
authorize. After the election 1 went to
the District Attorney and the Recorder
and told them we might just as well I'M
derstand each other and get along peace
ably-that l would not sign any extra
deputies demands unless ordered to do
so by the court. wanted them to have
the matter tested, but they declined to do
so. Now l do not propose to change my
1,nSitinn nna whit I will stand h1. ny