The San Francisco call., 1896-04-08
First Fiscal Years Allowance
of sI25,ooo Must Also
Lapse.
BOARD SURPRISED IN SESSION
A Committee Appointed to Unravel
Complications and Reopen
Negotiations.

The regents of the State University
rubbed their eyes Yesterday and drowslly
awoke to a knowledge of the fact that one
half of the sum of $25000 allowed for
building the Affiliated Colleges must lapse
to the State treasury, because building
operations cannot be commenced during
the present fiscal year.
There remains under the allowance for
the fiscal year beginning July l, 1896, the
remaining half (S125, ,000). and so the work
will go on if nothing forbids and the Leg
islature be requested 10 Inappropriate the
sum lapsed.
When the regents thought themselves
clear OF the woods in this direction and
were consoling themselves with assur-
ances of the Governor that the good Legis-
lature which shah convene next winter
would do the right thing 1t was lnclden-
tally discovered that the gift OF land which
Mayor Sutro made to the college had also
lapsed OF would lapse next Tuesday, be-
cause a condition of the deed requiring
work OF construction 10 begin within SIX
months had not been fulfilled.
This lapse was discovered by Governor
Budd, who was culling up data and
record TO ascertain what Sutro had really
agreed 10 dc in the matter OF building
great public library on land adjoining the
Affiliated Colleges: Genera! Houghton,
Judge Wallace J. Vest Martin and Attor-
nev Mhoon were explaining that Mr.. Sutro
had approved the contract concerning the
library, but had not signed IL. While
discussion was pending to have the law
committee see the Mayor and get his sig
nature before the plans specifications and
builders schedule were sent to Sacramento
g. Il Pr1AA ha hol
been examining some papers, exclaimed:
Gentlemen. your deed OF land from
Sutro for the colleges has lapsed. The six
months time for beginning g work has ex-
pired.'
fire of questions ensued.
When Mas the deed made ,"
What is the date of acknowledge
ment?"
What are the conditions about begin
ming work within six months ?"
So much animation was manifested that
some OF the regents arose TO their feet to
make inquiry and the BODY of learned
men, hitherto slower IN movement than
the great glacier OF Alaska, was in per-
ceptible motion.
Secretary Bonte looked the gift deed in
the face and replied that the date of the
instrument was October s, 1895, and the
date OF acceptance by the board Novem-
ber i, 1895. The date OF acknowledge
ment was not entered.
The laymen on the board looked at Judge
Wallace and Judge Wallace looked at the
frescoed ceiling.
The Governor, who had been reiterating
the assertion that he would not as Gov
ernor, acting with the Treasurer and Sec
retary of State, approve the plans while
Sutro's name was unsigned TO the library
proposition, evidently perceived that
the Mayor under the sudden turn of
ffaIr hQlH ha ~ Il
leaving the regents landless.
Something had to be done, so it was
resolved TO direct the law committee and
attorney Mhoon to see Mayor Sutro at
once. The law committee was REINFORCED
by the addition TO ii of Judge Slack and
J. B. Reinstein.
Judge Wallace announced that the COM
mittee would meet at the Mayor office at
] O'Clock to-day. Presumably the whole
ground will be retraced at to-day's meet
ing. The Mayor may make new gift or
extend the time on the old deed He NAV
increase the acreage of the library land
from SIX TO thirteen acres, as he has been
talking about some enlargement of the
library donation. On the other hand he
may decide TO wait.
Architect krafts attended the meeting
yesterday and his estimates of the aggre-
gate cost OF constructing the college build
lngs was presented by J. West Martin.
The estimates, including commissions, ad-
vertislng and sundries, amounted TO $252.-
$50, but the amount for the construction
proper Is $237, $50.
Regents Martin. Phelps, Houghton and
Hallidie were convinced that the bids
would come under the sum-
The Governor directed that the estimates
should be reduced before they were sent
TO Sacramento for approval. He could not
approve Tor larger amount than $3.50 600
the sum named in tho lau
a long discussion ensued to discover
some way to make the allowance of SI25 900
for the ilrst fiscal year available Supreme
Court decisions were cited, precedents
mentioned, and the advice of Attorney
Mhoon was frequently solicited.
Under the peculiar wording and restric.
tons OF the law the attorney could not see
how the money could be drawn from the
treasury except on Controllers warrants
in payment for work actually dore.
All the regents were assured that the
bids would be very low if contractors
could be assured OF getting their money
without delay.
In summing up the situation Attorney
Mhoon said the State officers takine
cognizance OF the situation might taLe
some plans unknown TO him to make the
first years allowance of $i25. 900 available
The discussion disclosed the fact that
the attorney prior to last December had
NiAttCi ~ oofSAbOi GShlllg Tor the
withdrawal of the money from the State
treasury, and before Christmas the Cover
nor repied that it could not be done.
1t was resolved after long discussion To
approve the plans on estimates reduced to
S250,000 and forward them to Sacramento
for the approval of the Governor. Secretary
and Treasurer.
AS q final effort 10 get this fiscal years
allowance of $l25, 900 the members of the
Law Committee, REINFORCED by Slack and
Reinstein and led by Judge Wallace and
Attorney Mhoon, are to see Attorney
Fitzgerald.
The Governor said ii the Attorney
General would consent TO have the money
drawn from the treasury on a guarantee
of the regents that it should be used to
pay for work contracted for he would not
oppose the withdrawal.
bout this time in the proceedings the
lapse of the Sutro deed was discovered.
and SO the whole matter of conferring
with the Attornev-General is to be de-
ferred until the Sutro negotiations are
again reopened and finally closed.
The regents attending the session
Yesterday were: Governor Budd, Hal
Idle, Martin, Houghton, Wallace, Way
mire, Kellogg, Marye, Crocker, Phelps,