The record-union., 1894-03-09
4 DAY OF ARGUMENlS.
Matters Discussed Before the Board
Of Supervisors.
All About Bill for Burying an Ex-
SoIdier-FoIsom's Street
DISTINCTIONS.

John Miller and w. T. Hamilton ap-
peared before the Board of Supervisors
yesterday morning, in response to cita-
tions to come and explain the nature of a
claim for $50 presented by Hamilton, in
favor of Miller, for the interment OF
Benjamin Refs, an INDECENT ex-soldier.
The bill was signed by Hamilton as
manager" he having been in Miller s
employ.
Undertaken Miller said that couple of
men called on him and said there was a
case at the County Hospital of a deceased
ex-soldier whom they desired to have in
tered in the soldiers plot, as he (Miller)
had charge Of the interment Of INDECENT
ex-soldiers.
The deceased was buried, but he had
not presented the claim for $50. He dis
covered that Refs died at the age of 30
years, and therefore a doubt was raised
in his mind as to the deceased having
been in the army during the war, but the
Grand Army men, including Superin-
tendent Ficks of the City Cemetery, said
the deceased was entitled to burial In the
soldiers plot, his papers showing that he
was drawing pension from the Govern
ment for disability.
He still doubted the correctness of the
CLAN, after examining the law, which
provides that only eX-soldiers and sailors
of the civil war or Mexican War are en-
titled 10 $50 burials. The bill was pre-
scented without his authority, and he had
empowered no one to sign his name to 1t.
w. T. Hamilton was sworn. He said
Mr.. Miller instructed him to go to the
hospital and get the body, and he (Hamll-
toni superintended the burial on the fol-
lowing day. This was few days before
the Supervisors were to meet, and Miller
authorized him to present the claim, as
was customary for him to do.
just before the interment witness said
he looked at the law and called Miller's
attention to the age of deceased, whom he
(HamiltonJ said could not have been in
the army during the war, but Miller said
that, according to the mans papers, he
was entitled TO burial under the sex
soldier'' provision of the law. He in
sisted that Miller authorized him to pre-
sent the claim.
Miller denied the statement made by
Hamilton in all its details.
Supervisor Todd moved that the mat
ter be rejected.
Chairman Morrison said the District
Attorney had already decided that the
claim was an illegal one.
T..
isfied that it was correct claim, although
the interment was advised by the Grand
Army men. He had not. however, COM
pleted his investigation of the case, but
under the circumstances he did not think
it a proper one.
Both Hamilton and Miller wanted to
air their personal and business differences
before the board, but Chairman Morrison
ruled them out of order and refused to
listen to them.
The motion Of Supervisor Todd, to re-
ject the claim, was carried.
ANTI-DEBRIS MATTERS.
Chairman Morrison presented the fol-
lowing resolution, which was adopted
"WHEREAs, This board has been con-
tributing to the State Anti-Debris Asso-
citation the sum Of $500 per month for the
purpose of restraining persons and COM
panies mining by the hydraulic process,
To the injury of this county; and whereas,
on March 6, 1894, this board passed a reso-
luton employing II. L. DevIin to obtain
evidence against such persons and COM
panies, and by himself, his agents and
employees to take such lawful means as
may be necessary to restrain such in
furious acts; and whereas, the said Dev-
lin has engaged the said State Anti-Debris
Association to perform such services with
himself as may be proper for such pur-
poses; therefore,
''ReS0LOed, That the sum named in said
resolution of March 6, 1894, shall be for
all services performed by said State Anti
Debris Association, and that claims there
for may be presented either in the name
OF said State Association, or Of said Dew
lin, for said services, it being understood
that said sum shall be in full for all
services performed by said State Anti
Debris Association for this county; and
this resolution shall remain in force until
the further order of this board.
FOLSOM STREET OBSTRUCTION.
At the afternoon session the board took
up the matter of John r. CardwelPs pe-
tition for the removal of certain obstruc-
tions from Leidsdorf street in the town
of Folsom.
County Surveyor Winn had submitted
to the board a diagram showing several
buildings III that street.
j. Heyman appeared before the board
in opposition to the petition. He pre-
sented petition asking the board to re-
scind all action heretofore taken in the
matter, on the ground that the buildings
complained of had stood where they now
are for upward of thirty years, and have
never been complained of as troublesome,
there being plenty Of room on the street
The petition was signed by a number of
prominent citizens of Folsom.
MTs 0dIuNS4A SaI1 bkl0 Oldln 1dcG WAS
that buildings are standing on the public
highway, where they should not be. Fol-
som is about to have a boom, and the
streets should be cleared of unsightly OBJ
ssructions.
r. T. Devlin appeared for Mr.. Heyman.
He said that Engineer Humbert had
made a survey, as he had been informed,
which showed that the lines of Leidsdorff
street, as shown by the Winn survey. are
not correct. However, it was a matter
not in the province OF the board to act
upon, but simply involved legal propo-
sition. Mr.. Caldwell does not live in
Folsom, nor does he own any property
there. He was prompted to the present
action by suit brought by Mr.. Heyman
to enjoin him from mining in the street
referred to. He simply desired to retaliate
against Heyman. The citizens of Fol-
som had not asked to have the structures
removed, but on the contrary many of
them had protested.
The correctness of Mr.. Winn's survey
is disputed also. But even if the build
ings are in the street, said Mr.. Devlin, it
is a matter for the courts to act upon, not
the Board of Supervisors. If the board
should attempt TO remove these buildings
it might be shown in court that mistake
had been made. in which case the county
would be liable.
Mr.. Heyman explained that the only