The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-08-06
The Office of County DeteC-
tive Declared to Be
Illegal.
LADIES IN A PHANTAsMA.
The Fight for a Franchise to Liver
more Is Taken into
the Courts.

ferred to an article in Saturday CALL call
ing attention to the fact that the office
was an illegal one, and that County Treas
urer Sanford has refused to pay the war
rant. The article to which Mr.. Talcott re-
ferred set forth that the Office was created
for the purpose of giving place 10 II. V.
Herbert, the discharged claims adiuster of
the Southern Pacific Company, to whom
some of the board are under personal obi
cations.
81 have been asked by the District Attor-
ney to have the resolution creating the
office rescinded, 4" said Supervisor Church.
What is this game, anyhow asked
Talcott. "a month ago we were specially
requested to appoint this man by the Dis
trict ATTORNEY. He told Us the office was
a necessity. Now he wants Us to rescind
the resolution passed at his urgent solicit
tation. The District Attorney, surely
knew at that time that the ONCE was
illegal. if he knows now"
"He now advises US 10 resclnd the reso-
luton said Church.
as his request in writing?" asked Tai
colt.
mo, I believe not, f" said Church.
'IWelI then, let rs take no action in the
matter until the District Attorney makes
q written explanation, said Talcott
Mr.. Church withdrew his motion and
the matter was laid aside.
Il have no option in the matter" said
the Treasurer last night. "My bondsmen
advised me that the office was illegal and
refuse to pay the warrant. When asking
for the appointment the District ATTORNEY
said it would be more economical than to
pay money for detective service every time
II is needed. When I looked at the
amounts l found this is not the case.
Only about one-haH of Herberts salary has
hitherto been spent each month for such
service"
The Reductions Stand.
Unless the Supreme Court reverses the
decision of Judge Ellsworth the county
tax-roll will be made up from the assess
ment-roll as reduced by the Supervisors.
The alternative writ of mandate was de-
MED yesterday morning and Auditor
Whidden is therefore compelled to accept
the rolls as they are handed to him by the
clerk.
at is claimed" said Judge Ellsworth,
"that the Board of Supervisors had no
jurisdiction to make the reductions. 1t is
claimed that the time within which the
statute authorizing the board to act had
expired and no legal authorization to ex-
tend had been granted.
This is a simple question whether or
not it is the duty of the Auditor to dis
regard the reductions made by the county
board. 1t is not question of the iuris-
dIctlOn Of the board. It is not a question
whether the Board of Equalization could
make a reduction, but it is a question
whether the Auditor had right to disre-
gard the reductions. If the County Auditor
is not allowed by law to disregard the roll
/ do not see how mandate of this court
can make him.
1.-The Auditor is not charged with the
duty of going to Sacramento or any other
place to find whether or not it was within
the jurisdiction of the board to make re-
, auctions after July Is.
Ibid the State Board of EQUALIZATION
make any order extending the time of the
county board to meet? If the COUNTY
Auditor had investigated he would aDpar-
emily have found that there were two orders
from the State board extending the time.
But proceeding on those lines would make
the Auditor a court of review to make in
vestigation OF both the county board and
the State board. If the Auditor had the
power to investigate it was his duty to
do so.
at may be that the acts of the Board of
Supervisors are void for want of jurisdic-
ton, but that does not require the Auditor
TO disregard the assessment roll. The writ
of mandate does not lie. | cannot concede
that the Auditor has such tremendous
powers. He cannot investigate the condi-
ton of particular assessments. The ques-
upon fact. The application is denied"
Attorney Davis gave notice of an appeal
to the Supreme Court. eve shall try to
ascertain whether the Superior Court has a
right to go behind the record, even if it is
decided that an officer cannot" he said.
A Valuable Franchise.
The value of the proposed electric road
to Livermore is best shown by the compe-
tition for the franchise. Yesterday morn
ing the Supervisors were served with a
writ of mandate ordering them to award
the franchise to a. D. Thomson, or failing
TO do so, to show cause on the 18th inst.
The writ went into the details of the
awarding OF the franchise last week to E.
P. Vandercook, and sets forth that the
franchise was not awarded to the highest
bidder. The details of the bids were pub
lished IN THE CALL of last week.
1t is generally believed that the bid of
Thomson is in the interest of the Hay
wards electric road monopoly, which is
not anxious for competition, as Thomson
is not in the street-railroad business. The
point upon which Mr.. Thomson bases his
argument is as passed upon by the Dis
trict Attorneys Office, and 1t is not
thought likely that the ruling will be
reversed. Mr.. Thomson appeared before
the Supervisors as worker with Gus Mac
donald.
Mr.. Vandercook is of the opinion that
the opposition to his obtaining the fran
chise is simply to harass and annoy him.
When asked about the competition he
said: al am satisfied that this action on
Macdonald's part is simply to put STUN
bling stones in the way of our advance
ment. l am sure he does not represent
any corporation that is sincere in the mat
ter or intends to build such road as we
propose. The people were anxious so have
us extend our line from Fruityale and gave
US every encouragement They willingly
donated the land for the tracks, and we
were preparing to go ahead when Gus Mae
donald rushes into print, offering to buy
rights of way along our proposed route.
Then things changed. People held back
and changed their opinions. | am sure
Thomson does not represent any corpora
ton that is sincere in the matter or in
tends to build such road as we propose"
At the City Council.
At last nights meeting of the City Coun-
Gil an attempt was made to create the office |
of Assistant City Attorney. 1t was shown |
that the incumbent received an adj |
ditional $50 per month for his duties as
Commissioner of Public Works.
The office of Assistant City Engineer |
was created, but no one was elected to |
the office. The salary was fixed at