The San Francisco call., 1897-04-27
OUNNE GETS NO
PLACE Or SALARY
The Mayor Wins His Tilt
With District Att0r-
ney Barnes.
Fourth of July Money May Not
Get Into the Boulevard
Fund.
Supervisor Smith Vans Quincy.
Street Houses to Be Allowed
to Fall Into Decay.

Mayor Phelan came out first best in his
tilt with District Attorney Barnes over
the hiring of assistant counsel at the
meeting OF the Board of Supervisors
yesterday. His veto of Attorney James
J. Dunne's appointment was upheld al
most unanimously and the authorization
for services already performed was also
sustained.
The Mayor made the following reply to
the recent letter of District Attorney
Barnes in relation 10 the employment OF
special counsel:
SAN FRANCISCO, April "a, 1897.
| To the Honorable the Board OF Supervisors of
the City ana County OF San Francisco-GENTLE-
MEN: In his letter OF April II, The District
Attorney, IN justification OF his demand for
special assistant counsel says that the Board
OF supervisors is authorized to provide add =
tional assistance 10 the various departments
OF the municipal government and that this
power has been conspicuously exercised in
tne matter OF the Assessors office, the Recor-
der's ofhce, the County Clerks office, etc.
hnd that this was done by express statutory
enactment. (See act of March 80, 1872, and
act OF March 26, 1880
The cases cited by the Dstr let Attorney nave
no appli cation TO the matter before US, for The
reason that they affirm the right OF Boards OF
supervisors to employ additional counsel in
civil matters and not in criminal cases. In
the case OF Modoc County VS.. Spencer K RakeI
QO3 Cal, 49S), decided in 1894. the Supreme
Court held that Boards OF Supervisors are
creatures OF the statute, and the authority for
any act on their part must be sought in the
statute; that "under the county government
act Boards of Supervisors have no power TO
employ counsel on behalf OF the county 10
prosecute or assist in The prosecution of GRIM
inal cases prosecuted in the name or on behalf
OF the people OF the State" and that the "al-
lowauce by the Board OF Supervisors to attor-
neys for assisting in the prosecution of GRIM
inal cases is void, aud creates no legal claim
against the county"
tention 10 the fact that The payment of the
salary OF the Assistant District Attorney,
allowed by the last Board of Supervisors Tor
sixteen months, terminating January, 1897
and amounting to $4,000. was paid according
10 this decision in violation of law. The court
in the case cited above says that the county
has no concern 10 the prosecution of
criminal cases, and f the District Attorney
needs assistance he must cali on the Attorney
General under section 40 OF the Political
Code.
AS 10 the prosecution of pure food cases
would remind your honorable board that you
have ployed in the Police Courts four pros
ecuting attorneys at $4,000 year each ana
tour assistant prosecuting attorneys, whose
duty IL Is generally TO prose cute all such cases.
ana that demand for special counsel is
reflection upon their competency and upon
the wisdom OF your selection.
The board com pleted its vote of conf
dence to the Mayor by sustaining two
vetoes of privileges granted shopkeepers
to extend their show windows over the
sidewalks.
Supervisor Delaney introd uced re solu-
ton turning over the $4,000 appropriated
for the celebration OF Independence day
10 the boulevard fund, but it was objected
to by Supervisors Britt and Lackmann,
who thought that the celebration of July
should be fostered in every way, an d
that If the City wanted 10 contribute to
the boulevard expenses it sh ould do so In
some other way.
1t was suggested that perhaps the
transfer would not be legal, and the mat
ter was finally referred to the Finance
Com mittee.
Mark Lane presented a vigorous prote st
against the fund being diverted from the
purpose for which it was originally in
tended. He declared that the safety of
the Republic rested on keeping alive the
fires OF patriotism and love of country in
the hearts of its citizens, particularly the
rising generation, and that every fire.
cracker if not every grain of powder used
on Independence day performs Its office
in keeping up precious patriotism.
a resolution permitting alterations and
repairs to building on Bacon place, for
rlerly Quincy street, brought q strong
protest from Supervisor Smith. He de-
clared that no Improvements of any kind
should be permitted on houses used for
the purposes Quircy-street structures are
used, saying that they should be allowed
to decay as early as possible They
were disgrace to the City, he said, and
their owners should not be given any en-.
couragement. Supervisor Rottanzi took
hand in the discussion, and then Super.
visor Delaney moved that the entire mat
ter be postponed for one week. He stated
that some changes in the names of streets
were contemplated and that Bacon place
might be renamed RottanZi street. The
matter was postponed a week.
The board voted to pass Supervisor
Rottanzfs high-hat ordinance to print,
but Supervisor Smith gave notice of re-
consideration, which bars the progress of
the measure for the time being.
Proposals for printing delinquent tax
lists were submitted as follows: Evening
Post Al Il cents per name, Report 8 cents
per name, Bulletin 2-5 cents per name.
Bids were referred to the Printing Com
mittee.
The matter of permitting the erection
OF high fences about town for advertising
purposes was referred to the City and
County Attorney for a legal opinion on
the question.