The morning call., 1894-05-29
WANTS THEM ALL REMOVED.
Claims Wrongfully Paid by the
Last Administration.
THE PRESENT SHOULD RECOVER.
By Not Proceeding Against Their
Predecessors They Are Accused
of Gross Neglect.

Andrew j. Clunie filed with the County
Clerk yesterday morning his threatened
suit to GUST the present Board of Super
visors from Office.
The action is ntItled "In the matter of
the accusation of NJ. Goodwin. Daniel
Rogers, James T. Stanton, P. j. Kennedy,
Sands w. Forman, Christian Refs. j. H..
Ryan, Robert Day. P. f. Dundon, William
II. Hinton. Jefferson G. James and James
Denman, as and composing the Board of
Supervisors of the city and county of San
Francisco, for willfully neglecting aud re-
fusing to perform the official duties per-
tanning to their said offices, by Andrew j.
Clunie."
Clunie's accusation Is presented to the
Superior Court in the form of an affidavit,
sworn to before Presiding Judge Hebbard.
Iu this he quotes, as basis for his first
ground of complaint. the act Of Legisla-
ture of 1856, in which it is provided, suits
and actions may be brought and main
tanned in the name OF the city and county
of San Francisco for the recovery of any
property. money or thing belonging
thereto, or the enforcement of any rights
of or contracts with said cIly and county"
Also" says the conn plant, the Board
of Supervisors shall have further power,
by regulation or order. to provide for the
security, custody and administration of all
property of said city and county. TO pro-
vide. by regulation. when IL may be neces-
sary, for carrying the provisions of this act
into effect
THAT said officers. and each of them,
have knowingly and willfully refused aud
neglected to perform the official duties
pertaining to their said offices, in the man
ner and particulars as follows, To- wit -
fCl1 LIST ~ r,-f.
and officers If the city and county during
the last administration, with sections Of
the act of 1856 quoted 20 show that neither
the Board of Supervisors nor any officer
mad power to contract Liabilities again st
the city and county; that the taxpayers
could not be assessed therefor; that I'M
authorized debts could not be paid out of
the treasury; that all demands upon the
treasury must be approved by the Auditor,
and before being allowed must be approved
by the Supervisors, aud that any officer
Contravenlng these rules should be held
RESPONSIBLE.
The complaint charges that dnring the
fiscal year commencing July l, 1891, and
ending June 80. 1892, number of de-
mands against the city and county were
approved by Auditor Il. j. l.. Smiley and
were directed by the hen Supervisors 10
be pald out of the funds previously set
aside for the payment OF liabilities iD-
CURED during mat nScal year tDat these
moneys were so paid and that leach of
said demands so approved. audited and
paid, specified each several item, date and
value COMPOSING IL, and that upon the face
of each of said demands il appeared that
the same were for purpoTted debts and
liabilities attempted TO have been incurred
prior to said fiscal year. No part of said
moneys as paid has ever been refunded TO
said city and county"
1t S claimed that the present Board of
Supervisors have for a long time known
of these facts as alleged ami that they nave
been from lime 10 time requested to enforce
the refunding of these moneys. They have
refused TO comply, however, and ii is not
their intention to do so. The complaint
states that unless immediate action is
taken by the city and county to enforce
these Liabilities they will become out
lawed.
The amount OF moneys 80 wrOngfully
paid out IS given at 500 600 or Whereabouts.
By their action in 81 paying this sum it
is claimed that the then Supervisors, Aud
itor and Treasurer are liable and that by
not proceeding against them The present
Supervisors are guilty OF willfuIly neglect
ing their official duties.
On these grounds Andrew j. Cunie
seeks TO have the present Board Of Super
visors, each and ali of them, removed from
office. The case has been assigned TO Judge
Wallace for trial.