The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-10-06
TO INSIST ON 1T.
Supervisors Will Ask a
Mandamus.
To Compel the Commission to Sub
NIT That Water Works Refe-
rendum at This Election.

Mr.. Denmar went before the Election Com
missiOnerS yesterday in response TO their cita-
ZION, and in a brief statement said he had no
authorities of law TO quote as to the right of
the Commissioners TO submit the water works
question TO the people at a general election.
but that the Supervisors were anxious to get at
the Judgment of the people on the subject with
out going to the great expense of calling spe.
cial election. special election, he knew.
would be necessary when it came 10 the actual
pro position OF getting authority from the peo-
pie 10 bond the county or otherwise raise the
money 10 purchase or erect water works
plant and secure an adeqpate supply of good
water, but until it was known that majority
OF the voters really desired 10 do The thing the
Supervisors would hesitate to take the step. III
1t were possible, therefore, To get at this in
formation through the means OF this general
election and without any expense, he thou ght
II very desirable to have il done.
Mayor Ebert said that the Election Commits
sion was quite IN sympathy with Ibe Supery-
sorS IL this desire, and was perfectly willing
TO submit the matter if it could be shown that
they took no risks in the way of inyalldatng
The election; but that the City Attorney who
had looked into the question very carefully
seemed to think that the danger in that line
was considerable.
MIR. Creswell inquired OF MIR. Denman II the
Commissioners had the right, without the au-
fbority OF an act OF the Legislature. 10 institute
a referendum at Il general election?
MIR. Denman repeated that II mad no authori-
ties, but could not see, since what was intended
10 be done was not properly speaking an cleo
tion, how il ian contrary TO any statute or
would inyalidate the election. However" he
said ''the matter can be easily settled by in
sttuting a friendly suit. and getting judy
ment of court upon it, as has been suggested"
''V cry good" said the Mayor. 1.-The way 10
. do thai VIII be for us TO refuse TO comply with
the resolution OF the Supervisors. The Super
visOrs can then go into court and ask tor a
mandamus compelling us 10 do so, aud under
that the whole matter may be gone on with in
legal form and judgment secured"
And so 1t was arranged. The Election Com
mission will meet this morning at 10 O'Clock,
formally hear the resolution and formally
denv II. Mayor Ebert has called meeting OF
the Supervisors for il O'Clock. when that body
will decide whether IL wants 10 employ counsel
and go into court about the matter. 1t Is not
thou gbt that there VIII be that unanimity IN
this that there was at the last meeting when the
Supervisors were summariy ordered TO put the
question on The ballot, although the former
action was much the more serious OF the TWO.
Z. L. AyTes. who was nominated by the
Peoples party fortthe Office OF Assessor. was
before the commission being little nervous as
10 how he stood on the ticket minority con-
yention, il will be remembered, turned Mr.
Ayres down; IN Injunction was served against
his taking his place on the ticket, but thi:
was reversed. The opposition have since put
up another man and Ayres wanted to know
where he stood. The Mayor said he was in
statu quo, words to that effect, the opposi
ton not having yet appeared.
A list OF names for tile Forty-fourth District
was presented for Repu Dlican election officers