The San Francisco call., 1897-09-23
The Auditor Declines to
Accept Either Tax
Levy
Says the Question Is Grave and
Wants the Supreme Court
to Decide It.
Morton Of the Old Board Mandam-
uses the Auditor From Accepting
the New Boards Levy.

The city's finances are now in pretty
mess. Auditor Broderick got through
thinking yesterday morning, and decided
that he would neither accept the tax levy
fixed by the old nor new board. The
Auditor desires the Supreme Court to in
struct him as to which levy he shall ac-
eept.
Attorneys McEnerney and Pillsbury,
who represent the old board, met in the
Iatter's office Tuesday night and prepared
a voluminous document in the shape OF
petition Tor a writ of mandamus COM
pelling the Auditor to accept the levy
fixed by the late but not lamented eight.
Thomas Morton, the bewhiskered ex-
Supervisor, was selected TO sign his name
TO the writ as petitioner. He proved a
willing Barkus, and the name OF Thomas
Morton was soon inscribed upon the docu-
ment that the old board thought would
cause CONSERVATION among the people
who live in this city and county. Justice
atty was busy when the petition was
presen ted, so he Will not act upon the
Issuance of a writ until this morning.
The filing of the writ OF mandamus was
the feature of the "ex-Supes'" perform
ance, ana the Supreme Court will decide
this morning as to whether or not 1t
should be sustained.
Mayor Phelan and the members of the
new Board OF Supervisors are laughing in
their sleeves at the efforts of the kicked
out Supervisors to regain their seats.
They are in command OF the battlefield
and viii remain Oh the defensive. AS
matter of course, they will be represented
in the Supreme Court. Attorney. Baggett
will look out Tor their interests but his
clients intend in no way to give the sex
Supes" an opportunity TO entangle them
in any legal complications. They will
fight the proposition Of compelling the
Auditor TO accept the tax levy OF the old
board, and if they win their fight will rest
easy until some other proceedings are
taken by the Gisgraced eight.
The following is the Auditors opinion:
Il have considered this matter in all its
bearings" remarked Mr.. B. oderlck yes
terday, land l cannot see any solution.
l have heard the attorneys on both sides.
Mr.. Baggett and Garret McEBerney, fully;
have listened TO their arguments ana ex
amined the Law and the decisions, and l
am now forced into the position OF saying
that | am unable 10 determine which is
the Board Of Supervisors. A method has
been pointed out 10 ME by which this
whole dispute can be settled in very
short time As for myself, | am not will
ing TO assume the responsibility, and, by
refusing to enter up either tax levy, |
place the burden where it properly be-
Iongs-with the Supreme Court. This
situation is moi of my making. Let the
gentlemen who have made it take the
question into court
Both the TAX levies have the stamp of
apparent legality. One was certified by
John A. Russell, whom We all know is
Clerk of the Board OF Supervisors. That
would settle the question were it not for
the fact of the olher levy, VIII ch is certi-
fed by James A. Britt, acting Mayor, and
Robert Barton, acting clerk.
The tramp Supervisors held a meeting
yesterday morning in a room in the Full
ton House on Larkin street. 1t presented
all the characters tics of opera bouffe.
Jimmy Britt was acting as Mayor, and
ranged about him in the room which looks
out Upon the building that the late eight
were kicked out OF Wednesday morning
were Devany, Delaney, Haskins. Sheehan,
Morton and Rivers. Illness prevented
Smiths attendance at this 'im portant
session"
Mayor Britt called the crowd to order,
and then Jack Hammill read q lot OF
street-work resolutions that we're before
the "board" for final passage. How the
resolutions eyer fell into the hands of the
disgraced eight is a mystery, but never
theless they had them with all their
wherelores and theTefores, and adopted
them without murmur or wink. 1t is
safe 10 say that not an eX-Supervisor pres
ent knew what Mr.. Hammil was reading.
Those little things do not concern men
who can fix tax levy in q few minutes.
The most amusing incident OF the meet
ing occurred when Mayor Britt called
for the report of the Finance Committee.
The sex Supes" awoke from their leth-
argy, looked up, but no one ventured
financial report or displayed in view any
coin of he realm. The late "Supes" hd-
dled along Tor an hour with its business"
session, AM, firing OF the farce, ad-
lourned until this morning.