The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-04-27
BRODER|CK TO CRESWELL,
Passage at-ArnS Between the
Auditor and the City
Attorney.
A SUIT TO BE APPEALED.
Although the Money Involved
$1,000, Has Already Been Paid
to the Claimant.

Quite an interesting little passage at
| arms took place yesterday afternoon be-
| tween City and County Attorney Creswell
ard Auditor Broderick over the heads of
the Finance Committee of the Board of Su-
pervisors.
A few days ago the City and County At
torney sent communication to the Super
vlsors asking that he be instructed to ap-
peal the case OF John a. Townley VS.. Brod-
erick, as Auditor of the City and County
of San Francisco which was decided in the
lower court for the plaintiff. Creswell, as
City and County Attorney, represented the
defendant.
The suit was brought to compel Brod-
| erick to audit a demand of Contractor
Townley in the sum of $1,000 which he had
refused to do under the advise of Mayor
Ellert and others on the ground that the
then Supervisor P. F. Dundon was mem
Der of the firm of Townley & Co., and as
such it was unlawful for him to take the
contract.
After the Judgment had been rendered
the usual mandate of the court was served
upon the Auditor, and he signed the war
rant and the money was paid to the firm.
Now comes the City and County Attor-
ney, as stated, asking for instructions to
appeal the suit, saying he is confident of
overturning the judgment of the lower
court, as to him it appeared the law is
clear that no member of the Board of
Supervisors can take contract from the
city.
The communication was submitted over
week ago, Mr.. Broderick was notified
/ nv !, i r.
Creswell and ask him what he meant by
1T. So the two were present at the Finance
Committee meeting yesterday afternoon
and from very mild inquiry from Mr..
Broderick and an equally mild reply ex-
planning the situation much as he did in
his communication both became angry.
This money has been paid said Brod-
| erick, land l don't see the purpose of ap-
pealing from Judgment that has already
been fulfilled. 1t presents the attitude
now of one branch of the City govern
ment assailing another, and the only point
in that that | can see is to cast reflection
| upon the other. 1t looks as though it was
an attack on me-"
"With me it is simply matter OF per-
forming the duties of my Office. am ex-
pected to win the suits in which the city is
involved when I can" said CreswelI, "and
think that can in this instance"
But it is too late. The money has been
the court. 1t was generally understood at
the time that the judgment of the Superior
Court would decide the matter"
at was not so understood by me, said
Creswell. 81 sent my clerk to give you
| notice that l intended to appeal.
| 81 never received any such notice. Your
clerk came TO me to ask if wanted to ap-
| peal, and told him no, had had enough
of it. l did not see the use of holding off
the payment of this money that had been
earned and was due these people. So l
signed the warrant.
f'But can't see what authority you had
! to do so when | gave you notice of my IL
| tention to appeal. 1t must be an odd state
| of affairs if we are to stop litigation be-
cause we lose the first skirmish and
only half our resources are exhausted. l
| shall have to insist on running the law
| department myself SO long as | am City
and County Attorsey.
"But had no notice of your intention"
| "My clerk reported that he informed
YOU and believe him implicitly"
This looks to me like an attack upon
| me and / don't like it, ;" reiterated Brod-
erick "There is an easier and more direct
way to do this. I am responsible with my
! bondsmen."
Chairman Taylor remarked that he
thought the question was much broader
| than that covering the question involved
award themselves contracts as well as the
province of the law department to con-
| duct the cases N court.
Broderick in disgust, said he never could
gain case through the law department.
At this Creswell became thoroughly
aroused and declared that the solitary case
that he had lost was through his (Brod-
erick's) interference.
"And you thrust this case on me in the
first place" said Broderick, land it was
| lost"
81 did not, sir" said Creswell, jumping
to his feet. ''You sent it to me. 1t would
be physical and legal impossibility for
me to bring the suit otherwise.
And now 1 wish to say" he con-
tinued, turning to the committee, ''that
in any future case involving the Auditor
1 will not appear for him on behalf of
the city unless am to conduct the case
my own way. If he is to dictate how it is
to be managed, at what stage it is to be
relinquished, and so on, it is taking up the
time of my Office uselessly."
1t was decided to lay the matter before
the board at its next meeting, and Mr..
Broderick bowed himself out.