The San Francisco call., 1897-09-28
O. in o Reference
t the Supevn Wange

Enerney, said: He denies that you acted
as a Board of Supervisors, ana alleges
that you ceased 10 be board when the
judgment was rendered"
Mr.. CARRIER, for the petitioner, answered
by saving: I'VE claim that We were never
ousted and that we are StIli the de facto
board. They claim thew were appointed
by Mavor Phelan, and took possession of
the Offices without hindranCe. The asser-
tion has been cUntes ed from the begin
ming that they took possession except by
act OF violence after this appeal had been
taken
Mr.. Baggett-That is the first time
heard Il claimed that the new board took
forCibie possession. That Is 10 be con-
tested We must show that the new board
is the de facio board, and that the writ
5 oUId not issue.
Mr.. McEne-ney-We also want 10 show
that Mayor Phelan never organized the
so-caIled board, and that SIX OF them are
not electors of the wards from which they
were appointed.
The argument then drifted from one
proposition of law 10 the other. The
form of the mandamuS proceedings was
argued, and Justice Beatty, addressing
the attorneys OF the new board, said:
III they show that the Auditor refused
to accept the levy is it not a question of
mandamus2'
Mr. McKlnstry replied that it must first
appear that the board is legal body.
I'VE show why they were removed,
added Mr.. ScheIl.
They want TO show whether or not the
proceedings by law removed them" ," an
swered Justice Beatty.
Mr.. Baggett SAID he wanted TO get at the
proposition as TO what matters were to be
considered
Justice Beatty, addressing Mr.. BaggeIt,
y 81 i'm fp bo do
and that If you are not de iure you arc dc
facto. Then you make that an issue of
fact. You make that CAIN formally on
the record anu then it is disputed ques-
tion. I don't see how We can decide it
without taklng evidence"
That Is so, agreed Mr.. Baggett.
Justice Mcfarland as ked if the parties
could not agree on the facts. They again
declared they could not. Then the JUS
tice asked if both boards had not been
undertaking TO act as Boards OF Super
visors.
Il understand" said Mr.. Schen, that
the eight have been meeting in a bedroom
on Fulton street, and have appointed one
of their mum Der Mayor"
Nv e claim that we acted as a board
unuI the Mayor called upon the Chief of
Police, VINO forcibly elected US" said
McEnerney.
we calm we entered into possession
OF the chambers peacefully" said NJ.
Schell.
The matter is disputed" said Justice
Beatty. We will have to refer it We
have no time to hear the discussion"
The Chief Justice appointed Niles
Searls to hear the testimony, and the old
gentleman took his seat.
after the petition was read Auditor
Broderick was called by Mr.. McEnerney.
He told of the visit paid 10 his Office by
Britt and Haskins, and the delivery Of
their alleged tax levy to him.
Britt ,old OF the meetings of the old
board and the ejectment from the cham
bers. In speaking OF the occupancy OF
tte cham bers by the new board he said he
noticed several gentlemen occupying seats
whom he had not met IS Supervisors. He
heard names called by the Mayor that
were not familiar to him as Supervisors.
Britt then told OF the ejecIment from
the com omm1ttee-rooms, the fixing OF the
alleged tax lew in the corridor, his selec-
tion TO act as Mayor anu Inc meetings in
the Fulton House. All OF his testimony
was calculated to show tnat the old board
continued to act a. a board after the judg-
ment OF court removing them.
Robert P. Barton, The ex-City Hall
janitor who was selected by the old
board to act as clerk, was next called.
He testified to the correctness of the
by declaring, Il am the clerk of the
Board of Supervisors elected by the peo-
pie.
who swore YOU in as clerk of the Board
OF Supervi asked Attorney Baggett.
81 have not been sworn in" answered
Barton.
Have you taken any oath or given any
bond ?"
No but guess 1 have ten days to file
them" replied Barton.
At this stage of the proceedings Thomas
Y. Gator insisted on placing intervenor
Greenberg on the stand. When Mr. Bag
gett asked him who got him to interv me
he said: II was informed by the Fire
Commissioners that l would have to in
tervene to get my money. received a tele-
phone message 10 that effect from George
Maxwell, secretary of the commission.
went QUITO the Com miSsioners' rooms and
Mr.. Maxwell Introduced me to Mr.. Gator,
who he SAID was the attorney i'll the
case. Mr. Gator then said he heard that
| wanted to find out if my contracts with
the city were legal. l let him attend to
the matter"
Clerk John A. Russell was the next
witness. Mr.. McEnerney objected TO the
introduction Of the minutes of the new
boari, but they were introduced, never
theless
Mr.. Russell then told of the appoint
ment OF the new board and of its meet
ings. He recocnzed it as the only legal
Board of Supervisors.
Before an adjournment was taken Mr.
McEnerney secured an admission from
Supervisor Ashton that he lives in the
+ eventh Ward, although appointed to
represent the First. Barry testified hat
be lived in the Twelfth, although ap-
pointed to reptese mt the Third.
Foriplann admitted tnat he resides in
the Twelfth, but was appointed 10 repre-
sent the Eighth. Dohrmann said he lived
in the Sxth, but was appointed to repre-
sent the Fonrth. Biggy admitted he re-
sldeo in the Z eventh and WAS appointed
20 represent the Ninth. Dresbech said
he represented the Seventh, but resided
in the Twelfth.