The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-12-05
SUTRO ASKED FOR COSTS.
Sued by One of His Bondsmen
in an Action in the Supe.
rior Court.
DID NOT RECALL THE CASE.
John D. Thompson Had to Pay $500
for Counsel Fees and Now
Wants His Money.
DID NOT RECALL THE CASE.

A rather interesting aftermath of the
late political campaign was brought to
light in suit that was filed in the JUS
tees Court yesterday against Mayor
Sutro, who is expected TO return $500, paid
out by John D. Thompson while acting as
bondsman in case in which the Mayor
was interested.
The complaint alleges that on Septem-
Der IA, 1894, Adolph Sutro, E. M. WardelI,
]. V. Webster and H. w. Matthews began
an action in the Superior Court against P.
A. Dolan, John Doe, Richard Roe and A.
J. Evans, Registrar of Voters of San Fran
cisco, to prevent the use of the word
"Populist," or "Populist Party" on cleo
ton ballots.
The plaintiffs filed bond in the sum of
$500 to cover the costs of suit III case the
Injunction was dissolved. on which the
plaintiff (Thompso NJ and j. W. Swales
qualified as sureties.
The preliminary injunction was given,
but on the evidence and arguments being
heard on October 2 the injunction was dis
solved.
Defendant Dolan had during the prog
ress OF the suit paid out 5000 for counsel
fees and other expenses which were claims
against the bond. He transferred the ac-
count to Ira G. l. eek, who made demand
on the bondsmen for the costs of the suit.
Seeing no way out of the difficulty
Thompson paid the sum demanded and
then called on Mayor Sutro and demanded
that he be reimbursed. To his surprise
the Mayor discIaimed all liability and de-
clined to pay that or any other amount.
Then Thompson determined on recourse
to the courts and brought the srit.
Mayor Sutro was much surprised when
the papers were served on him and did
not seem to rember any such case as Sutro
ct al. VS.. Evans ct al.
81 am not a Populist," he said. 'and do
not know why [ should be sued by this
man Thompson for this or any other
amount. / have some recollection OF such
a case being before the courts, but do not
| remember being party to it.
"Ofcourse, my candidacy for the Mayors
office was Endorsed by the Populists so
called, but had nothing to do with their
party, did not sit on their platform or take
any active part in their deliberations. Of
course, if it is found on investigation that
| am liable for the money, shall pay it
like man. st present | cannot say how
the matter stands and will not be able to
do so until have looked deeper into it,"
The fact remains, however, that the
Mayor is somewhat exercised over the
suit and has been looking into it already.
He called on prominent attorney yester-
day and went over the ground carefully
with him, and left apparently satisfied
that the case will be decided in his favor
if it ever comes to trial.
Mr.. Thompson, on the other hand, is
quite as we'll satisfied that his claim is a
valid one, and that the Mayor will be made
to pay.
There is no question" he said, that I
went on the bond, that Mayor Sutro was
the plaintiff in the suit and liable for any
costs that might be incurred if the COM
plainants lost, and that had to pay Leek,
as Dolans assignee, 5000. 1t may be that
his defense will be that he merely became
a party to the suit as a matter of form, and
did not expect to be called upon to pay
any of the costs that might be incurred. ?"