The San Francisco call., 1897-09-28
Rival Boards of Supervisors
Open the Fight in the
Supreme Court.
COULD NOT AGREE on FACTS.
Attorneys Wrangled Until the
Justices Decide Testimony
Must Be Taken.
REFERRED TO JUDGE SElRLS.
Rainey Shows His Hand by Inducing
Joseph Greenberg to Petition
as an Interven0r,

The rival boards OF Supervisors looked
menacinGIy at each other IN the Supreme
Cour, yesterday afternoon. A galaxy OF
men learned IN the law and skilliuI as
1Ieaders RANGED along the desks facing
grave justices. Political hangers on
crowded the corridors leading 10 the
courts chambers. All OF he seats in the
hail OF Justice were occupied and The
sIsles were blocked by the surging owd.
The petition OF Thomas Morton, ex-
Supervisor, Tor 4 writ OF mandamus
which would compel Auditor Broderlck
10 spread on his books the tax levy fixed
by the Fulton lodginc-house lawmakers
Wa= to be argued. It was a matinee per
iormance for the push" and many cit
izens, but for the ousted Supervisors 1t
was d .ffereut. To them it was a most
serious affair.
The petition OF Morton was to be
heard in the morning by the Justices in
uank, but. owing to the absence Of Justice
Temple, the hearing was continued uAtil
the afternoon. All Of the Justices occupied
their seals when the court convened, and
the argument over the petition was soon
in full blast. the Justices soon tired OF il,
and, concluding hat the attorneys could
not agree on facts. adjourned, after in
struCting them 10 present testimony that
would determine the facts IN question to
Com missioner Niles Scarf. Testimony
was taken until O'Clock, and then an ad-
i0Urnment was taken until this morning.
The proceedings proved quite interest
ing. The hand Of the bulky Democratic
boss, Sam RaiHey, appeared in no uncer-
tain light. Il was through his agency
that Joseph Greenberg. 4 foundry man VINO
has some contracts with the city, was in
ducei 10 + e d petition in intervention
yesterday morning. AS an intervenor, he
ioined with Morton and asked that the
writ the latter applied for be granted.
The ad n issIons OF Green berg when asked
his reasons Tor filing the writ caused a
mild sensation, but when Robert J. Bar
ton. the ex- janitOr selected by the ousted
Supervisors as clerk, declared on the wit
ness-stand that he had not been sworn in
by anybody as clerk, and that he had
given no bonds TO faithfully perform his
duties. the crowd smiled and the late
Supervisors looked at each other in for
Iorn sort of way.
The Auditor, who was the respondent
TO the petition, was reDresen ed by Al
torneys W. I. Baggect, Z. W. MCkinstry,
George " Schell and City and County
Attorney Creswen. The latter, however,
took no part IN the proceedings. The
fglt OF the old board and Petitioner Nor
ton was looked alter by Attorneys Garret
McEnerney, +. 5. P.lIsbury and John Gar
ber. Mayor Phean sat 10 the left of the
Justices for while, but when the discLs-
SION became interesting he secured char
behind Attorney Baggett.
The proceedings openei with the read
ing by Attorney Baggett OF the pond
ent's answer Ia the petition. Il admitted
the election and qualification OF the old
board, and also that 1t had entered upon
the duties of office, but denied that the Old
board was in possession of the office and
mat the complaint filed in the Superior
Court, which Ousted il, was a pretended
one.
The answer reciied all the facts relating
10 the ousting OF the old board and
showed that or Seplem Der 10, the day on
which JuQge Wallace rendered mis- deci-
sion, the old Board of Supervisors ceased
10 exist and at since that date il had
rot been in offic-. II reClted the fact that
since Septem Der 16 the new board had oc-
cupied and performed the duties of the
Cffice / stated that the old board had
on Septem Der 90 pretended to appoint
James Z. Britt as acJng Mayor. The an
a
the claim that he ever approved the tax
levy.
II denied the fixing o. levy by the old
board and that the real Board of Super
visors ever demanded that the Auditor
compute the taxes at the rates fixed by
Morton and the other ousted Supervisors.
The appointment of the new board bv
Governor Buid and Mayor PheIan. subse.
ouent 10 the decision of Judge Wallace,
was set forth. II reCited their quahhca-
tlon and the taking of possession OF the
Offices and rooms of the board with out
bindrance The meetings and doings of
the new board were related. 1t declared
that the levy fixed By the new hoard was
.aDnroved by Mayor Phelan, certified bv
Clerk Russell aud delivered TO Auditor
BRO ierick with demand that he, as
Auditor. should compute the taXe'.
Irended with the statement that Clerk
Russell had control of the books and
Dapers of the Board OF Supervisors, that
Navor PheIan had presided at all .he
meetings of the new board and that the
rIght OF the new board to act as the Board
Of Superyisors had been recognized by
C.itv and County Attorney Creswell, The
LEGAL adv ser of the Board of Supervisors.
After the reading of the answer Attor-
nov Racgett moved ior a dismissal of the
nefiti m for writ of mandate. Mr.. Nc
F1erney objected, and stated that certain
questions OF fact had been raised and they
must be decidea.
They ella NJ" said Mr.. McEnerney,
that we never acted as board. Tney
deny that Morton IS taxpayer, and deny
that mis- board duly made or at all made
a tax levy"
Mr. Baggett admitted that Morton was
a taxpaveT. and then Justice Mcfarland
asked II the attorneys could not agree on
any facts.
I'VE tried to, but could not" replied
Mr.. McEnerney.
There is not an issue OF fact raised in
our answer" declared Mr.. Baggett, TX
cept as 10 Morton b ing taxpayer. That
IS the only disputed iaGt; Iio we now IS.a aanl.
Board of Supervisors :he tax levy IN ques-
ton was made. All other questions are
questions OF law"
Justice Temple. addressing Mr.. Nc.