The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-07-09
A. PACE BROWNS PLANS,
Two Legal Lights Differ With
Attorney-General FitZ-
gerald.
Harbor Commissioners in Executive
Session-WiIl Have a New
Architect.

An executive meeting of the Board OF
Harbor Commissioners was held yesterday
afternoon to consider the opinion of At
| torney-General Fitzgerald concerning the
legality of Architect A. Page Browns
appointment. The meeting was called by
President Colnon and those invited to at
tend were Governor Budd, Attorney-Gen-
eral Fitzgerald, f. S. Stratton, ex-attorney
of the board, and A. Page Brown.
Everybody responded but AttorneyGen-
eral Fitzgerald, Architect Brown being ac-
companied by his attorney, Harold
Wheeler Mr.. Colnon in few words ex-
planned the object of the meeting and said
said that he regretted the absence of the
Acknowledgement. Mr.. Stratton had been
invited to give his opinion, he said, be-
cause he was familiar with the work on
the front and also the law governing the
foundation and the depot. Mr.. Stratton
was then asked to give his opinion and he
did so. 1t was in direct variance with that
of Acknowledgement Fitzgerald, the attor-
ney declaring that the law OF 1872 did not
apply.
Il can demonstrate to any court or to
anv person" said Mr.. Stratton, ''that the
law has been repealed by later acts incon-
sistent with all OF its terms. | regret very
much that the Attorney-General is not
here so that l might go over the law with
him."
This created Ia mild sensation, and
Browns attorney was content to rest his
case and let the board act on Stratton' S
opinion.
"What would you advise doing?" asked
President Colnon of Mr.. Stratton.
why, would advise you to act on the
Attorney Generals advice, and have a
friendly suit brought. and confer with Mr..
Fitzgerald as to the most expeditions man.
ner Of bringing about the desired result.
He is the highest authority in the State
outside of the courts, and his opinion
should be acted upon"
1t was decided to see Acknowledgement
Fitzgerald before proceeding further, and
meanwhile the advertising for new plans
will be held in allegiance.
This naturally means another long de-
lay in the construction of the union ferry
depot. If suit is brought it may take
about ninety days to try it, and if plans
are advertised for it is said that it will be
three months before the work can be let.
Judge Sanderson has decided that the law
of 1872 does not apply. Attorney Stratton
| has uttered an opinion to the same effect,
and so has TREY L. Ford, attorney for the
board. Whether the Attorney-General or
| these gentlemen are right will probably
make but little difference A. Page Brown
will cease to be architect of the super
| structure and the ferry depot will be built
| on plans other than his.
The Acknowledgement was asked for an
| opinion about two months ago and was
asked to consult with Attorney Ford. The
consultation never took place, and both
! gentlemen handed in their reports, as de-
sired. Mr.. Ford left for Alaska before Attor-
ey-General Fitzgerald opinionwas ready.
| Before going he made his report, but it has
not been made public. It's contents are
known, though, and he disagrees with tie
higher authority entirely.
Il cannot say who is right in the legal
aspect of this matter" said President Col
non Yesterday, ''but we shall be guided by
Acknowledgement Fitzgerald's opinion"
IF a court of law recites that the act OF
1872 does not apply, will Mr.. Browns plans
be usedY' was asked.
"No, sir," replied Mr.. Colnon, with some
little emphasis. 1.-THE plans on which the
depot will be constructed will be those de-
cided to be the best in competition.
| Whether the law of 1872 applies or not
Mr.. Brown has violated his contract and
forfeited his position. Do you think it is
the proper thing to use plans which were
made nearly three years ago? There have
been many improvements in architecture
and building since then which may be
used to great advantage in the construc-
ton of the depot.
IF | am to be responsible for the work
| would like to have word in the manner
in which IL is to be done, wouldn't you?
Naturally, every body would. Mr. Brown IS
plans were made for board which has no
existence. They have gone out of office
and all responsibility for them has ceased.
Why should we be made responsible for
their work? And if we accept these
plans and allow Mr.. Brown to do the work
we will have to shoulder the responsibility
which properly belonged to the old board
Mines to Be Operated.