The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-10-09

Will surprise.
There were six of u.s." said Denmau,
throwing his head back so as to get a
square look through lis glasses. which
| usually stand at right angles to the slant
| of his nose. There were six of u.s." he
| repeated, while but three voted on the
other side. Does the gentleman mean to
say that that was a majority?"
This carried food of light with it 10
the chairman, and leaning forward he in
| quired with a smiling touch of sarcasm !:
"Y ou don't really think that three are
more than SKIP"
Mr.. Rogers was still on his feet and
| looking very grave, for he felt that if the
| Supreme Court was to De saved it must be
done now and by him. lie did not think
that three were more than six. But the
six be explained at great, length, and with
that detail that lawyer feels to be neces-
sary, the six had lost, and were, there
| fore, by all the laws that govern parlia-
mentary bodies. distinctly in the minority
This was a thing that Mr.. James had
never thought of before. A majority had
been to him. all down the years of his life,
! sim ply majority and nothing more. Now
here was a lawyer Qor Mr.. Rogers is a
lawyer meeting him at this time Of life
and talking in this puzzling fashion. But
then lawyers boast of their abilities al con-
| fusing people and the thought came TO him
with reinsurance.
| THAT sounds all right" he SAID, after
moments hesitation, "but if there
was lawyer on the other side perhaps
be could show me something that would
! Offset that. At any rate" be added, 'if
you say that the thing can't be reconsid-
cred l shall rule that it can be introduced
again."
"But how about the point of order and
MI. Denman's motion ?" asked Stanton.
II am in favor of MI Denman's motion, :"
said the Chairman.
"Then 1 appeal from the chair" said
| Rogers.
'Call the ROLL" said Mr.. James.
"On what?"
Il am in favor of this resolution" said
the chair. 81 think it ought to go through
and this question get into court. think
the Supervisors ought to take the respon-
siblity of this matter as body. 1t ought
not to be left to me, and therefore L want
the roll called as TO whether they want 1t
or not"
The Supervisors were not quite clear as
1.
Stanton objected to the responsibility
He said so. He said he was at
the previous meeting and had voted
| for the resolution. If he had it to do
over again he would face the issue
| But this was another matter. He knew
some parliamentary law himself, and it
was asking too much of him that be should
be required to fly in the face of that knowl-
| edge in order to support the referendum.
He knew Rogers was right.
This increased the embarrassment, but
Mr.. James still insisted that the respon-
sibility be divided up and placed where he
thought it belonged.
Mr.. Rogers offered to send for the au-
thorities and did send for them.
There was now an awkward pause,
broken by DIR. Dundon asking what they
were waiting for.
''For the authorities" said Mr.. James.
But you have already ruled upon the
question and Mr.. Rogers has appealed"
Mr.. James looked at Mr.. Rogers and
the latter said he thought it would be wise
TO hear authorities before dividing up the
responsibility. So everybody was quiet
and patient for while, and Mr.. Cushing's
manual WAS finally brought and Mr..
Rogers read complete vindication OF
himself. There conld be no doubt about
it; Mr.. Denman, though one of the ma
jority, was still in the minority because he
had lost and had no right whatever to
move recon sideration. With no lawyer
on the other side to help him out, Mr..
James was at standstill, until Mr. Den
man. who had been copverslng with Dun
don and the others during the interval.
generously withdrew his motion.
With a glad, light heart Mr.. James an.
nounced the fact. Immediately Mr. Dun.
don rode under the guns of the enemy
with new resolution, which authorized
the Water Committee, this time, to employ
counsel for $3.50 and drag the water refer
endum before an unwilling Supreme
Court.
Rogers had his finger already on the
place in Cushing which said it was un
lawful to introduce a resolution that had
been defeated. This was almost the
identical language of the dead resolution
and it would be equally contrary 10 par.
liamentary law to consider it to order g
reconsideration of the vote that killed the
other.
Mr.. Deuman reminded Mr.. Rogers thai
the majority so often referred to as beine
his on Saturday consisted of but three
men. Did he wish to deprive the nine
men who were present now to vote for the
referendum Of chance to do So He hoped
not.
But that was exactly Mr.. Rogers per
sistent purpose. If Cushing could stand
the strain he felt sure of success, too.
He read some more Of him. and argued
at length how the thing was impossible.
But Mr.. James. freed by this long de
bate from the confusing necessity of de
Gliding points of order, had allowed hi:
mind to crystalline upon a judgment. 81
remem bered how man who was In jal
replied to another of those annoyinl
lawyers who told him that he could not bt
placed there.
81 think that legally the gentleman /.
I right when he says this resolution canno
, be introduced, but l think I will allow /
to be DONE" he said. sit will harm no
, body"
!, Then Mr.. Rogers appealed from thi
judgment and the chair ordered the clerl
to call the roll. Fifteen minutes were EN-
ployed by the chair and the clerk alter
nately in explaining what they were abou
to vote upon-whether it was the resolu
ton or the appeal, and what would be tn,
result. 1t became reasonably clear at las
, and the roll was called, and Denmap
uinton Dnudon Reis Kennadu md Go,