The record-union., 1896-06-25
THE DEMURRERS SUSTAINED.
Judge Hunt on the Old Grand Jury
Cases.
Some of the Complaints Are Allowed
to be Amended, But the
End is Apparent,

Judge Hunt of San Francisco, who pre-
sided in the Superior Court here when
the actions brought in the name OF the
county against the Southern Pacllc
Company and California Paclf1c Rall-
road Company-as also that OF +. j.
roly against the Supervisors, and the
county against II. S. Crocker q Co. ana
certain deputies-were called, yester-
day filed his decision on the demurrers
submitted to the several complaints. All
but one were sustained
CROLY VS.. SUPERVISORS.
E. ]. Croly petitioned the Superior
Court for an order restraining the Su-
r,ervisors from paying the balance OF
$4,000 due the Southern Pacific Com
rany and the California Pacific Rail
TOAD Company on the overhead wagon
way over the new YOlo bridge
Judge Hunt sustains the demurrer OF
the defendants, but allows the plaintiff
ten days in which to file an amended
complaint. The complaint alleged that
there were no bids called for for the
construction of the bridge. and that no
contract was made by the county with
the railroad companies for its construc-
tion.
ment in the complaint that there ex-
listed no extreme necessity for the
bridge, and as the law dispenses with
the necessity for contracts, bids or
bonds where a great public emergency
requires the erection Of a bridge, and
as the presumption is in favor of the
regular performance of official duty, the
demurrer is sustained.
hn r1o &c OIL a PhanCa
amend his complaint if he so desires.
THE SOUVENIR" CASE.
In the case Of the county against II. S.
Crocker Co. for the recovery of moneys
paid from the immigration fund for the
printing and publication of the souvenir
entitled Where California Fruits
Crow" the demurrer is also sustained,
with ten days in which to amend the
complaint.
The court holds in this case that the
complaint does not aver the unconsti-
tutionality of the County Government
Act, under which the Supervisors made
the appropriation, and that the Act is,
for the purposes of the case, held to be
constitutional. On this point the county
may, if it so elects. amend it's complaint.
DEPUTIES CASE.
In the case of the county against z.
S. Wachhorst, G. H. Cutter, G. D. r.
vine, r. T. Cohn, ]. H. Stephenson, w.
z. Everson and P. H. McGrath, to re-
cover moneys paid them for services as
deputies in various departments of the
county, Judge Hunt oveTruleS the de-
nurrer and denies the motion to strike
out parts of the complaint. Ten days
are given the defendants to answer.
The court says it may be that, on trial
of the case facts may be presented le-
sally justifying the payment of the de-
mands, but the averments of the COM
plant must in the present proceeding g
be taken to be true.
THE BRIDGE MONEY.
in the case of the county against the
Southern Pacific Company and the Cal
ifornia Pacific Railroad Company, the
California State Bank and the Anglo
California Bank to recover the 15,00O
appropriated by the Supervisors for the
first half Of the cost of the wagon way
over the new railroad bridge across the
Sacramento River the court sustains
the demurrers of the two banks without
leave to amend.
The demurrer of the Southern Pacific
Company and the California Pacific
Company are also sustained, but the
plaintiff is allowed ten days to amend
its complaint The ground given by the
court is the same as in the Croly case