The record-union., 1894-08-11
SHERMAN ISLAND CATFISH CULTURE
Effort to Replace 1t With More Edible
Products.
Lively Contest Before the Supervisors
Major Gett Talks About Alleged
Bushwhacking Methods.

At the afternoon session of the Super
visors yesterday, r. Il. Devlin and j. Il.
NlcKune appeared before the board and
asked that the matter of appointing COM
Illissioners to assess the land on Sherman
Island for reclamation purposes be de-
ferred for another month.
Mr.. Devlin said that the petition asking
for the appointment of commissioners
contained estimates of cost which are very
excessive, indeed perhaps twice as high
as are necessary. For instance. from to
10 cents is allowed for dredging, when IN
fact it should be not more than 4 cents.
Instead Of an assessment of SIG per acre,
1t is believed that SO per acre is all that
would be required.
If the matter were deferred for one
month it was believed the parties inter-
ested could agree on modification of the
estimates of expense The parties whom
opposed TO reclamation at all, but do OBJ
ject to expendfng SI60.000 for work that
should and can be done for $780, 900.
If commissioners should be appointed
at this time and the work be pushed on
the plans and estimates furnished. there
would undoubtedly be litigation, which
would put off the work for year or
more. The board, Mr.. Devlin said, had
the undoubted right TO continue the mat
ter if IL should see fit to do so.
w. a. Gett appeared on behalf of the
Trustees of the district and read state
ment covering the work of the Trustees,
including a history of the reclamation
district, the report of Engineer X. u.
Johnson on the new work proposed, and
49, +N
the application for the appointment of
Commissioners. There are now no
moneys in the fund of the district, and
the sum of about SI50.O00 is required to
meet the expense of the proposed work.
Mr.. Gett held that the Trustees of the
district are the legal officials thereof, and
their action is final. The Supervisors
have been empowered by the Legislature
to appoint mmissioners, but have not
the power to modify or cuI down the es-
innate of the Trustees or IN any way in
terfere with their operations, they alone
being responsible for their acts.
The principal landowners on Sherman
Island, said Mr.. Gett, are e. l. Upham
and George J. Hewston of San Fran
cisco, and their wishes should have some
weight in the matter. The men whose
appointment as Commissioners was
asked are L. J. Stephenson, Lester d.
Green and I. W. Dean.
J. II. Mckune replied that he was not
present to discuss constitutional prob
lens, as these questions were not in
volved. de simply desired that the
board should set a day for the hearing of
the petition. and called attention to the
fact that it is petition" on which the
board was asked to take action. The
matter of granting a continuance did not
involve the question of the power OF the
board, as political body. All that was
asked was that the parties interested in
the matters involved in the petition be
given an opportunity TO be heard.
The season Is now drawing to a close.
he said, and but little could be done in
the way of reclamation before the high
waters will come. In the meantime there
is prospect that the landowners might
agree on a plan of action that would in
sure harmony and facilitate the work of
reclamation. He quite agreed with Mr..
DeyIin that there was no question alb out
the power of the board TO set a time for
hearing the matter. When it comes to
final action the board would have TO be
governed by certain statutory regula-
tions, put there is no law preventing it
from fixing its own time for hearing the
matter.
Judge McKune referred to a former
case which he said involved the rights
and powers of the board in a matter of
this character, in which, under a contest
by Williams dG BiXler, the Superior and
Supreme Courts declared the board had
full power in the matter.
Mr.. Gett replied that the case referred
to by Judge Mckune was not analogous
TO the one now before the board and had
not been correctly stated. He then gave
another version of the case, and quoted
from the record, as shown in j. w. We'll
ty's work on assessments, which he
claimed sustained his position.
Mr.. Gett again reviewed the ac-
ton of the Trustees of the Sherman
Island district and argued that it was the
duty of the board to act at this time on
the report and petition OF the district Off
GERS. He referred to the code and claimed
that it made action mandatory on the
part of the board as soon as the Trustees
of the district perform their part of the
work. Any question as to the legality OF
the proceedings rests with the courts and
not with the Board of Supervisors. Sher-
man Island now prod uced nothing but
catfish, and it was desired to reclaim it
at once.
Supervisor Todd said that, in his opin-
ion, it would be only just to all the par
matter. 1t need not be for month, but
some time should be allowed to consider
the matter.
Supervisor Jenkins said that as Sher-
man Island had been under water for fif-
teen years, he did not think a little
delay now would iDjure anyone. He
therefore moved that the consideration oi
the matter be laid over until the meeting
of the board in September-on the 7th,
which is swamp land day.
1t was so ordered by a unanimous vote.
Some discussion enSued in an informal
way, and during the course of the re-
marks Major Gett said he was opposed
TO bushwhacking methods of conducting
business before the County Supervisors.
Jenkins jumped to his feet and de-
manded to know to what the attorney
referred.
The military lawyer then resumed his
war-talk in a somewhat excited manner
declaring that certain parties who are in
terested in the opposition TO the petition
had been lobbying outside the board ses-
sion to delay the work or defeat it.
Several of the Supervisors stoutly de-
elared that no persons had labored with
them outside the board, and Mr.. jenkins
said he did not want to hear any more
such insinuations.
Major Gett replied that he had seer
counsel for the opponents of the petition
in consultation with one or two members
OF the board, presumably on that matter
For himself he always made his argu
menls before the open board, as he woulC
In a court, and was opposed to the bush
whacking methods of some people IL
transacting public business.
The matter was dropped at this poin
and the swamp land contestants retired
in good order.