The record-union., 1893-12-14
MAYOR SFEINMAN'S ANSWER.
He Denies That the City Has a New
Charter
On the Ground That There We're Only
Thirteen, Instead of Fifteen,
Freeholders.

There was fled in the Superior Court
yesterday by a. L. Hart and r. T. Dew
lin, attorneys for 3. L. Steinman, the
latter's answer to the charge made by G.
Z. Adams, in his impeachment proceed
ing against the Mayor, that the latter had
refused to perform certain duties pre-
scribed by law-nameIy, the canvassing
of returns and the issuance Of certificates
to the successful candidates at the recent
election. Following is the answer IN full:
NO CHARTER ADOPTED.
Comes now B. [. Steinman and, an
sweriug the accusation filed herein, de-
MES that pursuant to the provisions OF
Section Of Article XII. of the Constitu-
ton OF the State OF California, or any pro-
vision of said Constitution, or at all, the
city of Sacramento framed or adopted
charter for its government; denies that
said charter was framed or proposed as a
charter by board of fifteen Freeholders,
or by any other or greater number than
thirteen Freeholders; denies that any
greater number than thirteen Freehold
ers were elected as Board OF Freehold
ers for said purpose at the time mentioned
In the said accusation, or at any other
time, or at all.
'Avers that the only law governing the
NlIN Oh CdCIdil6DbO Is al Atb vi bli6 Lug
islature of the StaIe of California, entitled
'Am Act TO Incorporate the City Of Sacra-
mentO,' approved April %, 1858, and the
several Acts amendatOry of and supple
mental thereto; AYERS that under said Act
so incorporating the City OF sacramento
there were no officers to be elected on the
first Tuesday after the first Monday in
November, 1893. or until December, 1893,
and that by reason of the fact that the
charter mentioned in said accusation was
hot properly proposed by the persons
having the qualifications prescribed by
the Constitution of this State, the officers,
or any Of them named III said accusation,
were to be elected on said day IN Novem-
ber, 1893.
THERE WAS AN ELECTION.
admits that an election was held on
said day and persons were voted for
thereat: AYERS that on the 18th day Of No
vember, 1893, where the Board of Trus-
tees of said city meet to canvass the re-
turns OF said election and declare the re-
suits thereof, written protests were filed
by J. J. Buckley, then and now the duly
elected, qualified and acting Assessor of
Sacramento City; by Matt Coffey, then
and now the duly appointed, qualified
and acting Water Collector of said CITY;
and by George a. Putnam, then and now
the duly elected, qualified ana acting
City Collector OF said city, against said
board canvassing said vote; that there
upon the said Board of Trustees of the
city of Sacramento requested the persons
elected at said election held as aforesaid
in November, 1893, to consult with said
Board of Trustees as 10 the best plan to
be pursued for the purpose Of determin-
ing whether the Offices named in said
accusation were legally created Offices or
whether such charter ever took effect or
became operative; that certain OF such
persons did not appear before said Board
OF Trustees, ana it was then and there
mutually agreed by those persons pres
eut that a test case should be made for
the purpose OF determining said PROPOSE
ti0ns. and to that end that the board
should not canvass and declare the result
rs TO some one Of said officers or all Of
them.
ADMISSIONS AND DENIALS.
admits that said vote has not yet been
canvassed or declared, but denies that he
cOnnIYed or contederated with Il. II.
Green or any other person for any pur-
pose; denies that he did willfully or
knowingly or corruptly refuse or neglect
OF has continually or at all willfully or
knowingly or corruptly refused or neg
lected. or does still willluuy or know
inglY or corruptly refuse to canvass the
returns OF said election, or estimate the
vote cast for each person voted for, or de-
clared elected the person having the nigh
est number OF votes given for each office
TO be filled at such election; denies that
he has willfully, or knowingly, or cor
ruptly neglected or refused, or does still
willlully. or knowingly, or corruptly
neglect or refuse, or that he has neglected
or refused at all to act with said board. or
any member thereof, in the performance
OF the official duties mentioned in said
accusation, or any OF them; but admits
that said vote has not been canvassed, or
The result thereof declared for the reason
herein stated.
Wherefore having fully answered, he
prays that said accusation may be dis
missed and that he recover his costs of
suit herein"
TO BE HEARD NEXT WEEK.
The case has been set for hearing in
Judge Catlin's court on Tuesday next,
the 18th. when al the issues relevant
thereto will be determined.