The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-04-20

dition of the treasury, unless some pro-
VISION is 10 De made for the payment of
their accounts. The petition was as fol-
lows:
We, the undersigned contractors and parties
furnishing supplies to the different depart
ments of this municipality on orders of
the chairmen OF the respective committees
noticing from the report OF the expert OF the
Finance Committee and from other sources,
the condition of the general fund, being as
sured OF a large shortage in that fund before
the end OF the fiscal year, We most respectfully
beg leave TO notify your honorable body that
to guard ourselves against pecuniary loss we
shall be compelled to stop furnishing supplies
TO the municipality under our contracts or
otherwise after the 30th of April, 1885, unless
your honorable board can make some satisfac-
tory provision for the payment OF our demands
for supplies already furnished and TO be fur
nished for the balance of the fiscal year. Del
Monte Milling Company, Durham, Carrigan &
Hayden Company. HolbroOk, Merrill & Stet-
son, Baker & Hamilton, W. C. Read H. S.
Crocker Company, A. NJ. Ebbets, Scott & Nc
Cord, J. Schweitzer e. Co., d. Siedemann & Co.,
Mark Strouse, Peters & Cowrie, Leon D. Stone
& Co., P. Lynch, John Z. English.
William Irwin Brobeck was present from
the City and County Attorneys Office and
explained the law on the situation. He
declared that according TO the constitution
the tax levy of one fiscal year could not be
made to pay for the shortage of the levy
of any preceding year to liquidate the
claims of that particular year.
"In other words" he said, 'if the Board
of Supervisors fixes the tax levy at $500 900
to pay the expenses of the municipality for
1894 and the expenses amount to $550,000,
the $4,000 deficiency cannot be paid out of
the tax levy of 1895. The Supreme Court
has decided this point frequently, and
while it is hard on some OF those contrac-
tors who have furnished the city and
county with supplies and received no pay
ment therefor, yet the law cannot be
changed to suit their particular case"
The clerk explained that the city was
about TO have the channel CT its supplies
cut off and asked the attorney if the NUM-
cipal government was TO be suspended.
He contended that this was not the aim of
the law. 1t was absurd to think that just
because the state of the treasury would
not warrant the payment of contracts
the supplies necessary to carry on the city
government were TO be cut off, that the
prison doors were to be thrown open; that
the hospitals and AlDshouse were to be
closed, and that the whole municipal body
should go into liquidation.
Supervisor TAYLOR said that some action
should be taken and he thought it the
business OF the city, attorney to aid in de-
Z
John E. English then took the floor. He
said he had a contract for furnishing the
hospital with supplies, and that he would
not do so after April 80 under the provi-
sions of the contract, as he had learned a
bitter lesson from trusting the city in this
connection in past years
81 tell you right now, said Z. Lynch,
THAT will not supply the CITY Hall with
any more coal after April 80, and the
Judges and all the rest of you can walk up
stairs instead of riding in the elevator, and
more than that will defend the suit ii one
is brought against me"
Supervisor Hobbs thought that the con-
tractors should be paid for their supplies.
He offered the following resolution, which
was adopted:
WHEREAS, A speedy decision Is urgent to en-
able the city and county 10 do justice TO its
creditors, 1t being an accepted Interpretation
of decisions of our Supreme Court that all ma !
terial and supplies furnished for which there
is no money in the treasury TO pay therefor !
are Illegal and can never be paid.
Reseteed, That the City and county Attorney |
be and he is hereby requested and empowered
to take such proceedings as may De required
to bring about speedy decision as to whether |
demands for material and supplies furnished |
for the support and maintenance or the NUM- |
cipal government can be allowed and pay |
ments provided for in the tax levy for the sue |
ceeding year also to represent to the Supreme |
Court of this State the necessity OF obtaining a
decision in this matter on or before April 80, !
1895.
The Pacific Marine and Supply Com
pany, which was represented by A. |
and which has the contract for
the supplies for the subsistence
of prisoners of the city and county, COM
planned against the new method of audit
ing and paving its bills.
Auditor Broderick said he held bills
to $4,000 and since the Board
of Supervisors had instructed the Mayor to
examine all bills action had been delayed
In the payment OF the same. He thought
that the Mayor should either sign the bills
or let them go through as passed by the
board in order to facilitate their payment.