The morning call., 1894-10-07
Three Stay Away and Three
Others Vote No.
WILL TACKLE 1T AGAIN MONDA'
The Referendum Is Given q Black
Eye-Such Is Fate, Says
Denman.


ers to submit as a referendum the question
OF municipal ownership of water works.
They committed this bold stroke in the
face of the Judgment of the City Attor-
ney, that 1t was unlawful to lumber the
general election tickets with extraneous
matter. The Election Commits sion. IN
willing to shoulder the responsibility,
cleared its throat and begged the Super
vlsors to come down into the basement of
the building and show cause
Mr. Denman, the head and front of the
water-works movement. with the full
courage of his convictions. but wholly de-
flcient in the matter of statutes and pre-
vious instances, did go down, and there
was happy and mutual understanding
arrived at in few moments to throw the
matter into court and learn from the
bench whether the thing could be done or
not.
Then the Supervisors baked, and
MessrS. Ryan. Rodgers and Good win voted
to do no such thing. Mr.. James, candi-
date for the Mayoralty on the Democratic
ticket, took the occasion of the beautiful
morning TO stay away from the meeting,
as did also Mr.. Day and Mr.. Forman.
So the thing fell through for lack Of
majority, but it is not despaired of. as on
next Monday Mr.. Denman will bring it
up before the regular meeting of the Su-
pervisors.
The Election Commission fulfilled its
end of the contract to the letter. 1t met
early IN the morning, as previously ar
ranged. and had ready long paper con-
tanning preamble of three whereases,
stating their perfect willingness to do as
they had been told. but doubling their
right, az follows:
WHEREAS. The Board OF Supervisors, by
resolution 1 LOLA, third series, empowered and
directed this board to cause TO be printed on
the ballots 10 be used at the general election
! on Tuesday, the 9th day OF November, 1894,
the question as to whether or not the qualified
electors are in favor of the construction Of
water works and the sole ownership oy the
city OF adequate sources of water supply; and
whereas. the Legislature having conferred
the power upon the Board of Supervisors to
take all necessary steps TO acquire water sup.
ply and water works, and. upon selecting, as
certaining and determining the sources TO be
acquired and the works 10 be constructed aud
in carrying on the other provisions OF said act.
to submit the question TO the qualified electors
at special election TO be called for that pur-
pose; and whereas this board desires to carry
out the wishes of the Board of Supervisors.
but in order that no question OF the validity of
the action II taken by the board shall be
raised TO affect the election of State aud munic-
ipal officers in this county: therefore be it
Resolved, That this board hereby refuses to
take such action TO avoid all questions being
raised as to the results of the general elections
ana for the purpose OF allowing the Board OF
Supervisors by a writ OF mandate against this
board to have this question iudicially de.
termned and the decision Of the Supreme Court
obtained TO settle the question beyond further
controversy.
There was some little discussion about
il. Mr.. Fitzhugh saying that he did not see
that the referendum, If granted, would
serve any good purpose, but he would not
oppose it.
Then the matter was taken upstairs 10
the Supervisors room, where at IL o'clock
that body was scheduled to meet to act
upon it.
Mr.. Denman had the papers all ready
here also. AS originally drawn the reso-
lutions onlemplated having the Water
Committee do the executive END of the
work, but Dundon favored making the
resolution effective without further refer
ence, and the amendment carried.
Mayor Eieri, as presiding officer of both
the Commission and Board of Supervisors.
explained the position of the former body
with regard to the matter. and Denman
introduced his resolution, as amended.
which reads:
WHEREAS. Tile Board of Election Com
missioners have refused to comply with the
demand OF this board to print upon the ballots
TO be voted at the general election for submis-
sion TO The qualified electors the question as to
w Or M ha all in fay
The construction of water works and the sole
ownership by The city and county of adequate
sources Of water supply; and whereas the said
refusal Is principally based upon the supposi-
tion that the submission OF this question might
tend TO compllcate and render Illegal the result
OF The general election as TO State and county
officers; ana whereas the only effect of the
action taken by this board Is TO ascertain the
wish OF the people of this city and county and
to avoid iDcurrng any expense until the people
decide; therefore be it
Resolved, That this board will appoint special
counsel, at an expense not TO exceed $3.50,
TO proceed by writ OF mandate TO test the ques-
ton as to whether not the Board OF Election
Commissioners can be compelled o submit the
said question of obtaining water supply and
water works TO the electors at the general cleo
ton, as required by resolution OF this board
Rogers objected. He thought the returns
from the proceeding one way or another
would not be worth the small sum of $3.50.
ut is unlawful, there can be no doubt of
that" he said, "and the Supreme Court
will so declare. But why waste time over
a referendum even if it were allowable?
Everybody knows we want the water
works. aud when we have the returns we
know no more than we did before. But
whether the people want to invest dozen
million dollars in it is an entirely differ
ent question. Now, if the Supervisors
think the time has arrived to submit that
question, let us 60 about it in the regular
way. Our engineers could figure within
few thousand dollars what it would cost
to build the works, and with that infor ma
ton call a special election aud submit it,"
Then the roll was called and Messrs.
Denman, Dundon, Hiuton, Kennedy, Refs
aud Stanton voted aye: Rogers. Ryan and
Goodwin no. and for reasons stated Messrs.
James. Day and Forman did not vots at
all.
There is no particular objectionto own
ing our water works." said one Of the Su-
pervisors after the meeting, shut the fact
is we have 1t so much in our power to reg
ulate this water business tnat there is no
crying necessity for it. / don't say that
we use the power. but we have it. And II
having the power we are not strong enough
to use it, is it likely that we are strong