The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-08-25
Trouble Over the Courthouse
Contract Fast Nearing
a Climax.
LINDSAY WILL PROSECUTE.
Ready to Commence Action as
Soon as Formal Complaint
Is Made.

Santa Cruz County in awarding the con-
tract for the erection of Courthouse build
ing to r. M. McCabe at a cost of $53, 475
bids fair to reach a speedy settlement in
the courts. AS announced in THE CALL
District Attorney Lindsey was recently Pc
toned to bring action against Supervising
Architect N. A. Comstock to recover the
amount already paid him, and also against
each Supervisor to recover damages for
allowing the same. To this the District
Attorney replied that he would prosecute
any action brought by the citizens, and as
the feeling against the Supervisors runs
high it is expected that the suit will be
forthcoming at once.
In his reply District Attorney Lindsay
announces his willingness to prosecute
action brought by any citizen against Su-
vervising Architect Comstock, employed
by the Board of Supervisors in the matter
of the construction of the proposed new
Courthouse, for the purpose Of recovering
the amount already paid Comstock under
his contract with the county, and to insti-
tute proceedings against each member of
the Board of Supervisors and his official
bond to recover the $500 penalty provided
for in the county government act for s'the
willful, fraudulent, corrupt.performance of
an act by any Supervisor as Supervisor
unauthorized by law"
AS he understood the prayer of the petit
TONERS it was their sole object to have
some court of competent Jurisdiction de-
termine whether the actions of the Board
of Supervisors were in accordance with the
law, and whether the contract finally en-
tered into with r. N McCabe for the con-
struction of the building at cost of
$53, 475 was legal and valid contract.
81 am satisfied that as representative
citizens and taxpayers of this county. you
do not wish to advocate or insist at this
time upon litigation of a collateral nature
to the main question:" said he, namely,
the validity of the McCabe contract, which
may consume months if not years. and
finally after passing through the various
courts be decided upon some technical
point, and still leave unsettled the vital
question in which the people of this county
are interested, to wit: Did the Board of
Supervisors have power under the law to
let the contract for the erection of the
Courthouse at cost ofy$53, ATS? This ques-
tion under existing circumstances logically
resolves itself into two other questions,
both of which I will attempt to consider,
and they are as follows:
"First--Is the legality of the action of
the Board of Supervisors in letting the
contract for the erection of the courthouse
at cost of $53, ATS, SO much in doubt as to
make it advisable to have the matter con-
clusively determined by the courts?
"Second-If so what is the best and
speediest procedure to have the matter de-
cided? ?"
Mr.. Lindsay in detail told the history of
the entire transaction and closed with the
following conclusions:
81 for one am willing to believe and do
believe that in this matter the Supervisors
have acted honestly and according to their
best judgment. Now, as to the question
of the institution of the actions at law re-
quested, have to say as follows:
"First-I am satisfied that the actions
against the Supervisors, as suggested, can
not be maintained, for the reason that
there is no evidence that they have either
willfully, fraudulently or corruptly per-
formed an act, as Supervisors, unauthor-
lied by law.
"Second-In my opinion it would not be
advisable to commence an action against
Architect Comstock to test the validity of
the courthouse contract, for the reason
that such action must necessarily be an
action at law to recover the money paid
him. 1t would have to be instituted in the
Superior Court, tried there, perhaps ap-
pealed to the Supreme Court, and finally
MI HoniAaA off torco nf
more, probably still leave open the ques-
ton of the power of the board to erect the
courthouse at greater cost than 1000.
"Third-In my opinion the Board of SUI
pervisors did not exceed its authority in
entering into the McCabe contract, but /
am aware, not only that this opinion may
not be satisfactory to you, but also that it
may be erroneous, and will add that if it
be determined by competent authority
that l am wrong l will at once pro
coed 10 institute proceedings to recover the
money paid to the architect, and will take
such other and further steps as may be
necessary to protect the interests of the
county.
1.-THE best and speediest method of de-
termining the matter is to apply directly
W tuc OupiCiHc SOUTt IOI WIFI OF GER
tiorari to review the proceedings Of the
Board of Supervisors. The proceedings can
not be instituted by me, but may be by
any taxpayer or number of taxpayers. If
in your wisdom you see fit, after taking
such counsel as the Importance of the mat
ter deserves, to institute proceedings 1 will
cheerfully do all in my power toward hav-
ing the question properly presented on its
merits and speedily heard.'
Heavy Sctmon Catches.
SANTA CRUZ, CAL, Aug. 24.-The run
of salmon has again commenced in Mon
terey Bay. This morning large number
OF boats were out from Capitola and the
sportsmen found the fish very game and
plentiful. Each boat brought in from three
to thirteen salmon. the latter number
being caught by E. T. Taylor. After
Dinner nearly the whole population at
Camp Capitola was fishing for salmon.
CARDINAL GIBBONS WELCOMED.
Received Upon His Return to Baltimore
by the Catholic Clstb.
BALTIMORE Mn Au0 % Two thou-