The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1893-08-03
1T WANTS 1T ALL.
Spring Valleys Scheme
CheCkmated.
NO DOUBLEDAY WARRANTS.
Auditor Broderick Holds That the
Supervisors Could Not Provide
for Anticipated Judgments.

The warrants which have been pre-
sented to the Auditor during the last few
days have thrown that Office into sort of
chaos
Auditor Broderick, in consequence, is In
fog, but will not take any definite steps
NTH he sees his way clear.
| What has caused the trouble is the pre-
sentation of lot of judgments against the
city in the shape of warrants The hold
ers of tie judgments desire the original
warrants entered on the Auditors books
and duly registered in the Treasurer's
Office Cancelled aud the judgment warrants
substituted
| for many reasons.
| The Board of Supervisors, in making up
the last tax levy, appropriated STA, 900 for
| the payment Of judgments against the
| city.
Before the levy was made the board also
passed an order instructing the City and
County Attorney TO confess Judgment in
all thuse cases in which the Finance COM
mit;ee had properly passed on and allowed
claims for materials and supplies fur
nlshed. After the tax levy similar order
wa, passed relating also to salaries.
Now the Auditor claims in the first place
Gated warrant properly audited and regis
tered the holder has no right TO sue the
city.
Secondly, he believes that the Board of
Supervisors could not make "A levy for
anticipated judgments against the city,
and that the S74,0G0 appropriated was for
judgm- hts rendered before the making of
the lax levy.
The order of the Board of Supervisors
states that the Finance Committee must
pass on and allow claims before Judgment
can be confessed. La number OF cases
the Finance Committee has not passed
upon the claims at all. yet the City and
County Attorney has confessed Judgment.
and the Finance Committee has signed
the Judgment warrants after the claimant
GOT all he asked for in the court where No
showing was made for the city.
In these cases the Auditor holds that the
law has not been obeyed. The Auditor
says there is no law author zng him to
cancel warrants duly entered upon his
books, and he can find no precedent. So
he is not inclined to credit the judgments,
as in that case the holder would have two
warrants against the city-the original one
and the Judgment.
The original warrants are for materials
and supplies furnished last year. and are
drawn upon the fiscal year 1928. They
were not paid because the general fund
was exhausted for that year. On the other
hand. the judgment warrants for the same
claims are drawn upon the fiscal year
1893 "a, and if paid would be a violation
OF the constitutional provision providing
that last years debts shall not be paid out
of this years funds.
Among the judgments presented are
those from the Spring Valley Water Com
pany for water supplied the city during
March and April, amounting to $17.212
In the first place Auditor Broderick found
that there was discrepancy between the
original warrants and the judgments. The
first only cali for $4,000. while the latter
this has been done. The original Warrants
were duly audited in June and registered
in the Treasurer's office. The Company
had the original warrants Cancelled IN the
Treasurer's Office and now wants the
Auditor to cancel them and substitute the
Judgments obtained in court.
Auditor Broderck will not do this
If he should the company will then pre-
sent judgments for May, June, July and
August, aud will thereby capture the
whole S74. 900. which was appropriated by
the Board Of Supervisors to pay not anti
cipated but existing judgments. II the
board intended. the Auditor SAYS, to pro-
vide tor anticipated judgments it would
have provided for the entire 1884. 600 in
debtedness Of the city. Auditor BrOderick
says he does not intend to let the Spring
Valley gobble up that entire STA, 900 and
IoaSo all tnosc out III lile Cuiu WiO secured
judgments before the tax levy was made,
and whom it was intended to pay when
the $4,000 was appropriated.
In each Judgment against the city the
costs are S11 80. If the hundreds of suits
of employees are brought the city will be
badly cinched in the way of costs, pro-
vlding the City and County Attorney cop
fessss judgment, as he has been instructed
to do.
1t is said that several lawyers who have
secured judgments intend to mandamus
the Audi or and Treasurer and cnmDel the
payment of last years debts out of this
years funds.
In the meanwhile Auditor Broderick in
ms cautious way is strongly fortifying
himself with the best law on the SUI iect 10
sustain him in his position