The herald., 1897-09-17
To Do Their Whole Duty as
Supervisors
DISCUSSION OF THE TAX LEVY
THE FIRST MATTER TO RECEIVE
ATTENTION
Expected Litigation Begins in At
tempts by the Old officers to
Hold Their Positions
Associated Press Special Wire.


SAN FRANCISCO. Sept. 1s.-After a
conference which began at the Palace
Hotel at o'clock last night and con-
tinued until nearly 8 o'clock this morn
ing, Mayor Phean ard Governor Budd
agreed on the appointment Of the follow
ing new Board Of Supervisors:
First Ward-Charles Ashton.
Second Ward-Joseph Britton.
Third Ward-J. H. Barry.
Fourth Ward-F w. Dohrmann.
Fifth Ward-Washingto Dodge.
Sixth Ward-John Lackmann.
Severth Ward-Willam Dresbach.
Eighth Ward-Henry Fortmann
Ninth Ward-W. ]. Biggin.
Tenth Ward-T. A. Rottanzi.
Eleventh Ward-C. A. Clinton.
Twelfth Ward-James Denman.
The Governor and Mayor invited the
following gentlemen to meet in confer
ence with them: Attorney General Fitz-
gerald Mr. Fitch, Harbor Commission
er Harrey, Frank Gould and VIM. T.
Baggett. AT the opening of the session
the Governor and the Mayor claimed
each in his own behalf, the right to ap
point the rev members of the board. 1t
was agreed, however, that If the two
officials could select twelve men suitable
to both, the appointments would be
rSade as If one power were acting. This
was done to avoid any chance of illegal
ity in the appointments.
NEW MEMBERS SWORN IN
SAN FRANCISCO, Sept. 16.-The new
Board of Supervisors appointed at 8
O'Clock this morning by Governor Budd
and Mayor Phelan stole march upon
the old board and were sworn in, met
and adjourned before the deposed board
had time to get together. One of the
appointees, J. H. Barry, declines to ac-
cept the appointment, but no action was
taken in the premises, and after filing
certified copies of the decree of Judge
Walalce and the credentials of the newly
appointed Supervisors. Clerk Russell re-
organized the board and carried the min
utes into the chamber Mayor Phelan
announced from the chair that by virtue
of the power vested in him by the State
law, ard Governor Budd. by virtue of the
State Constitution, they had appointed
the members present to fill the vacancy
created by Judge Wallace's decision,
and that the body should thereupon pro-
ceed to transact official business. After
the appointment of various committees
had been left to the Mayor, the rev
board adjourned until s o'clock this
evening. when It will discuss the tax
levy.
Imm ediately after the new board had
adjourned eight members of the old
board formally demanded recognition a
members of the only legal Board of Su-
pervisors. and expressed their intention
ofproceeding o otranssctpubl.c business
When calico upon to assist them in an
official capacity, Clerk Russell politely
but firmly refused to recognize them
Supervisor Devany thereupon took pos
session of number OF communications
and other records and carried them off
to the Street Committees room, where
that body went into session. Il soor ad-
journed until p. m, however, and the
members of the old board then pro
ceeded Informally to discuss the situa-
ton.
LAWING BEGINS
SAN FRANCISCO, Sept. 16.-Latc
afternoon an application for writ of
certiorari. verified by Supervisor Britt
of the ousted board. was filed with the
clerk OF the supreme court for the pur-
pose of obtaining a review of Juds Sc
Wallace's action, and if possible setting
it aside. The application merely stated
that Judge Wallace had no jurisdiction.
0Rd While the board of supervisors
failed TO fix the water rates in February
last, they were unable to do so because
of lack of data, and that no harm was
caused by the Galay. The attorneys for
the ousted board rely mainly upon the
case of Covarrubias VS.. the board Of
supervisors of Santa Barbara county,
an action in which the supreme court
refused to allow the supervisors to ap-
point a sheriff after having removed
Covarrubias, in which the same points
are said to be involved as in the case at
bar
The ousting Of the duly elected super
visors by Judge Wallace and the ap-
pointinent of new board by Governor
Budd and Mayor Phelan at o'clock this
morning, is the reigning sensation. The
rev board met this morning, and after
authorizing the mayor to appoint the
committee, adjourned and the members
met in committee of whole. The foul
old supervisors named to succeed them
selves, Clinton, Dodge, Rottanzi and
Lackman, decided to act with the new
board. Barry, one of the new appoint
ees, declined to act, but it is said he
will reconsider his determine ton. The
members Of the old board who were no,
reappointed are determined not to re-
tire to private life without struggle
They held meeting this morning ano
talked about street affairs but were rot
recognized by Clerk Russell, who is con-
vnced of the legality of the new body
Their appeal to the supreme court will
probably be acted on tomorrow.
AS to the question of the validity oil
any tax levy that may be fixed, pending
the final settlement of the contention
there is a direct conflict of opinion
among attorneys