The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1895-01-04
VERY QUEER COMPLICATIONS
City Refuses to Pay Lawyers on
Both Sides.
DENMAN's VIEW OF IT
Broderick Says HE May Have to
Go to Court to Compel
Them to Pay.

thew are bequeathipg some of 1t to Aud
ltor Broderick. to say nothing of their sue
cessors. They are wrestling with ques-
ton at the finish of their terms exactly
similar to that which confronted them at
the beginning.
There is certain sum OF money in the
treasury which they have portioned out to
certain funds for the running OF the sew
eral departments of the city govern ment.
In the fear that the excessive demands
being made by the Election Commission,
or. more properly, the Registrar. if paid
will rob to that extent these funds needed
for other purposes. the Finance Committee.
as is known, engaged Walker c. Graves to
ask the court to enjoin Auditor Broderick
from auditing these bills in excess of the
$15O,OOO appropriation. City and County
Attorney CresWell was asked TO do the
work. but as a member of the Election
Commission that authorized the bills he
could not properly ask the court 10 refuse
payment.
When this committee assumed its func-
tons two years ago. they had a hold-over
question OF the same kind. The then Reg
istrar had exceeded his limit by $143,000.
The contractors who were supplying the
city's institutions 18th food, coal and other
necessaries, and whom the city owed large
sums, went TO court to compel the Auditor
to audit their bills.
Mr. Broderick EN- ployed Lawyer Nc
Enemy, ana the city was represented by
City and County Attorney Cr0swell, aad
the Supervisors inetructed him to confess
Judgment The whole thing was prear-
ranged. as the contractors agreed to walt
and take their money in installments-all
of which is an old story. as is the chapter
of how they didn't get the money.
When Mr.. Graves was employed by the
Finance Committee recently 10 go after the
injunction which he didn't get, his fee was
fixed at S475 He asked for the money in
advance OF performance and got IL. He is
a sou-in-law of Mr.. james, chairman Of
the finance committee.
Mr.. Broderick asked what he was TO do
about making a defence He was told t.
enlist the services of City and County At
torney Creswell, who had served on The
opposite side of the same question aud
confessed Judgment two years ago.
Mr.. BrOderick remembered this confess
stun Of Judgment, Temem bered that it was
done at the instigatiOD of the Finance
Committee, remem bered that CreSwell
was in the service of the Supervisors and
required to do the bidding OF his en-
blowers, and said:
mot muchi shall not take lawyer
TO champion my cause who is under the
orders of the pposition-they might direct
him TO confess judgment against me-"
So Mr.. Broderick employed CrittendeD
Thornton to represent him and he
knocked out the Injunction, ard Mr.. BrOd-
erick has been sitting up nights and holt
days ever since signing the warrants of
tho election officers.
But now as to Mr. Thornton-who is to
make out his warrant for $475? He went
before the Finance Committee yesterday
to inquire. Good lawyer shat he is, sue
cessfu in his undertaking as he had been,
he had yet not had the forethought Of his
defeated antagonists 10 secure his fee in
advance.
lie made long and able argument be-
fore the committee going 10 show that it
was for its own good that he had been at
work defeating its wishes and that the
committee should order payment Of his
bill.
''In nv service on this committee and in
the board for these two years." said Mr.
DenmaD, ''the one vote that l really re-
greet is shat cast for the payment of a man
en- ployed 10 defend us. 1t Is an absurd
proposition. The Board of Supervisors
sees a financial danger. They have GER
tain moneys at their disposal and they
appor;ioD them to the needs of the several
departments of the government. Another
body, having no care or responsibility or
knowledge of the situation, by right said
10 be given them by law, contracts debts
far In excess of the money aDporti0ned to
it or of it's own need. We know that if
we pay those bills then we will not have
enough money on hand to pay legitimate
demands and the functions of the gov
clusion, we might be compelled to
quit business. We employ an attorney to
have The overdraft stopged by an order OF
court, and we employ another attorney
l will not say an able attorney-to defeat
the otner attorney and he does IT, 1t is
ridiculous. We employ lawyers simply to
juggle the affair, leave it where il was In
the first place and present US with $1,000
fee bill for the sport. L did that once"
said Mr.. Denman. 'and L repeat that it is
the one vote that l regret during my term,
and have never ceased to regret it,"
'Ah! if you have done nothing worse
than that" said Mr.. Thornton, jocularly, 81
will write yoG glowing epitaph for your
work here"
"And without demanding fee?" asked
James, which impromptu joke, one of the
last utterances of his official life, was
promptly put down to his credit as very
good thing.
But the Finance Committee decided not
to pay Mr.. Thornton's bill. and that is. by
Auditor Broderick is Disguised.
To be sure it mav be brought up before
the next Finance Committee, but all of its
members-Colonel Taylor, chairman, and
Messrs. Benjamin and Hebbs-were pres
ent to hear the argument, and Colonel
Taylor remarked that the bill would lie
long time OF the file before he would vote
for its payment
Broderick, on the other hand. claiming
that lie was defending suit forced upon
him by the city. to escape a position
where he and his bOndsmen might be held
liable for heavy damages, his position
shown By the judgment of the court to be
correct and that of the city in error, de-
clares that it Is the city's business to pay
the expense of il, and that If they DO not
pay it he may have to go into court again
to compel them to do so.