The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-04-29

Mr.. Taylor has been in consultation with
ex-Justice McKinstry for some time in re-
gard to the matter, and has been consider
ably encouraged by the disposition of the
eminent jurist not to take an entirely
hopeless view of the situation.
He has been disposed to believe that
the Supreme Court would look upon the
claims of contractors for furnishing sup
plies for the support and maintenance of
the institutions of the City and County as
outside of the constitutional inhibition
against mourning an Indebtedness beyond
the current revenue of the year to meet
The Indebtedness referred to in the con-
stitution is such as is within the discretion
of the board to incur or not to incur. and
Judge McKinstry believes the supplies for
the maintenance of these institutions are
not within the discretion of the board to
incur or not to incur. The institutions are
established and many of them filled with
the wards of the city and to maintain them
is mandatory.
How to get decision from the Supreme
Court in the matter and so settle it beyond
peradventure is the next thing and this
plan has been suggested and the first steps
in it will be taken to-day. The first will
be the passage of resolution by the Board
of Supervisors at its meeting this afternoon
declaring it to be their intention to fix the
rate of taxation at a figure such as will net
a revenue sufficient to pay contractors for
goods supplied now and with the money,
which will belong to the next fiscal year, OF
course, to pay them, although they were
contracted in this fiscal year.
This is the thing that is said to be un-
lawful to do, and it is in the programme
| that some one will Immediately go into
the Supreme Court after mandamus to
prevent them taking this obligation. It is
thought that by this means the matter
can be got properly before the court.
The object of the visit of the Mayor and
Judge McKinstry to the home Of Chief
Justice Beatty yesterday was to confer
ing an immediate hearing for the case if il
was presented, and Justice Beatty assured
| them that he realized the extreme ext.
gency, and would do what he could to adj
vance it. He thought there would be nc
hindrance to an immediate hearing and
prompt judgment upon the case.
| Speaking about the matter last evening
ex-Justice McKinstry said:
1 do not think the judgment in the Mendo
| cino County case handed down by the Supreme
Court yesterday, which is claimed by some tC
cover the question to be raised here. does so by
| some very material points. That was the cIair
| OF contractor for building Courthouse tht
mand was made upon the funds Of the sue
ceeding year. as l understand it, The copdi
tons here appear to me entirely different. The
revenue of the City is segregated into a ereat
number of funds for different purposes. ali O.
which are intact and are sufficient for tbeii
purposes. But there is a general fund, very
many of the demands upon which are moi
under the control of the Supervisors. The Su.
pervisors cannot anticipate the demands. Fo,
instance, they know how many patients are in
the hospitals in general way, and how many
prisoners are in the jails and so on, and they
make provision in the tax levy in the same
general way for their care. But an exigency
may arise-has arisen.
The expenses of the last election far exceeded
what there was reason to believe thev would
and the courts have sustained the claims. In
many other ways, as / understand it, money
has been taken from this general fund by de
partments of the government which could moi
be prevented by the Supervisors, just as though
an epidemic had trebled the expenses of tho
County Hospital. Now, first of all it is neoes
sary to maintain the government, and do MOI
believe that the purchase of supplies necessary
to do so is contracting debt within the mean
ing of the constitutional inhibition 1t is moi
contracting debt. If supplies to maintain
the government may not be purchased then
the government must stop. and certainly nc
statute nor constitution can set up provision
that will work that end.