The record-union., 1897-10-27
FOLSOM'S MACADAM HIGHWAY
BOND ELECTION CALLED FOR
DECEMBER 4TH.
The Supervisors VIII Stand by the
Assessor in the Bailey
Gases.

At yesterdays session of the Board
of Supervisors Chairman Jenkins re-
ported that certain repairs ordered to be
made by him on the pocket road op-
posite the Baumgartel and Williams
places at a cost not to exceed $50,
could not be done for that sum. 1t had
been left for him to have the work done,
and he moved that the matter be re-
ferred to the Chairman of the Commit
tee on Roads and Bridges
Supervisor Mclaughlin thought the
proper procedure would be to first re-
consider the former action of the board,
but Chairman Jenkins insisted that the
procedure was correct, and ordered the
roll called.
Dreman, Curtis and Jenkins voted
aye, and Mclaughlin no. The motion
was ordered carried.
BAILEY VS.. THE ASSESSOR.
Elwood Bruner appeared before the
board on behalf of Assessor Berkey in
regard to the assessment of the Bailey
property at Fourth and K streets. A
suit is pending in the Superior Court,
said Mr.. Bruner, in which Bailey seeks
an injunction to prevent the sale of the
property for delinquent taxes. Bailey
has also suit against the Assessor and
his bondSmen in the United States Dis
trict Court for $4,000 damages, and to
defend this suit the Assessor had been
allowed 500 for special counsel fees.
1t develops that the minutes of the
board read in such a way that it might
be inferred to mean that the money was
allowed in case the Assessor should win
his case on demurrer There had been
a great deal of work done in the case,
but Judge Morrow decided against the
Assessor on demurrer, and the case
would now have to be tried on it's mer-
its before a jury.
Mr.. Bruner stated that after the claim
for counsel fees had been allowed by the
board, the District Attorney had ad-
vised the County Auditor that it was
not legal charge, as special counsel
could not be employed. But the District
Attorney had previously informed AS
SCISSOR Berkey that his office could not
attend to the case.
The clerk read from the minutes of
the board to show that the District At
torney had informed the board that
they could, if they saw fit, allow the AS
SCISSOR to employ special counsel, and
an order to that effect followed.
Mr.. Bruner said the Assessors action
in assessing the Bailey property was in
the county's interest, and the county
should see him through with it. The
board had sustained the Assessors ac-
ton, and it would not be right to com
pei him to stand the expense Of defend
ing his action.
Assessor Berkey said that if the course
pursued by Bailey should not be op-
posed, every taxpayer in the county
could come in and sue him for every as
sessment he makes, and this would de-
stroy the efficiency of the office. He
simply wished to know at this time how
the board construed the order allowing
him extra counsel.
Chairman Jenkins and the other mem
bers of the board said they had never
understood that the $3.50 allowance was
contingent on the demurrer being sus-
tained. They voted to allow the AS
| SCISSOR the $3.50 to test the case up to
its hearing on demurrer.
Assessor Berkey said he might be
compelled to take action to compel the
Auditor to draw the warrant. The real
fight is now on, and he would have to
fight the case in the Federal Court.
!
If the case be allowed to so by default
the result would be to destroy the in
dependence of his office. The case had
attracted widespread attention because
of the principle involved, and should not
be permitted to go by default
The matter was here dropped, with
the understanding that further action
regarding the employment of special
counsel would be taken later on.
FOLSOM ROAD ELECTION.
The board passed an order calling for
special election, to be held on the
4th of December at which the people
are to vote on the proposition to issue
4 per cent. bonds to the amount of SO,
900 for the construction Of a model
macadam highway from Folsom to
Sacramento City.
This is the matter in which the State
has generously donated the crushed
rock for building the road, which is to
be regarded in the light Of an object
lesson on good road building-in short,
on the kind of roads which it is hoped
TO have constructed all over the State.