The San Francisco call., 1897-09-08
TWO OFFER
VERY GOOD
DEFENSES
Supervisors LaCkmann and
Rottanzi Claim BXcul-
patton.
THEY TRIED TO DO THEIR DUTY.
That Is Their Position in the
Famous Water Rate
Fixing Case.
THEY Ask TO BIZ EXOKERiTGD.
Testimony and Argument Heard in
Judge Wallace's Court
Yesterday.
THEY Ask TO BIZ EXONERiTlD.
Testimony and Argument Heard in
Judge WallaOe's Court
Yesterday,

There was a regular Klondike rush for
Judge Wallace's courtroom yesterday TO
hear the closing proceedings in the case OF
George K. Fitch, who seeks to oust the
Supervisors from office because they failed
to fix the water rates in the month Of Feb
ruary, as required by the constitution and
the law. Attorneys Baggett and Schell
represented the plaintiff, Attorneys Nc
Enerney and PilIsbury appeared for the
Solid Eight" Attorneys MCGOWAN and
Squires for Supervisor Lackmann and At
torneys Costello and SamueIs for Super
visor RottanzL
The interest of the local politicians in
the fate of the Board of Supervisors is
something pathetic, for it is a matter OF
vital importance TO those chevaliers of
industry who maintain themselves at the
public crib. To rudely touch the Board oil
Supervisors is TO the body of taIeaters like
planting a Fitzsimmons punch in the
region of prize-fig hter's solar plexus.
This will be unders TODD in all its terri bic
meaning when it is remembered that a
dismissal of the present Board of Super
visors would carry with it the dislod g
ment of more than hundred municipal
employees directly employed by the Board
of Supervisors, and possibly as many more
who are Quartered n different departments
of the Guys pie-counter. 1t Is we'll rec
ognized that no public officer can hope to
carry on the affairs of his office without
recognizing the demands of certain mem
bers OF the board for part of the pat
ronage." If the Supervisors should go out
these parasites and proteges would have
10 find a new "pull" or they would speed
lily follow their patrons into the shades of
private life.
John A. Russell, the veteran clerk of the
Board of Supervisors, was recalled to the
witness-stand and continued his readings
from the record of the board 20 show that
the members had been active in their at
tempts to fix the water rates. 1nciden-
tally they developed the fact that in the
Vast it happened only once that a Board
of Supervisors fixed the rates in the month
Of February during the first year of the
term for which they were elected. He
sought to prove by this that mem bers who
took their seats in January had not sutfi-
cent time to examine so large a subject
aud act intelllgently before the close of
february.
Mr.. Russell presented very good case
for the Supervisors from their point of
view, for he represented them as hard at
work from the date of their Inauguration
Il
fixing of the rates, in their efforts to OBJ
tain data for making up their minds on
what would be fair and just.
According to Mr.. Russell the mem bers
gave more time to investigat ting this sub
iect than any other board had ever given,
with the exception of the time when Mr.
Pond was Mayor, and engineers and
experts were appointed to go over the
whole field and give full reports for the
instruction of the board.
This year the board had met with many
obstacles. Thsy had not been able to Sc
cure information from the Spring Valley
Water Company when they had asked
for it.
Judge WalIace-Do I understand you
to say that the Spring Valley Water Com
pany withheld needful information2
Mr.. RUSSELL do not wish 10 be under
stood as expressing an opinion on this
subject, but will simply say that the
board asked for this information and lid
not get 1t.
MIR. Pillsbury-What other obstruc-
tions were therep
Mr.. Russell-WeH, when the board
asked for a statement in writing in regard
to some figures the company objected to
furnishing the statement IN that form, but
offered to let the members of the board
make a personal inspection of the books
if they would visit the Office of the COM
pany.
Mr.. PilIsburv-Did not the Mayor hold
that the board while considering the
water rates was judicial body and there.
fore in his opinion could not receive or
consider information offered in this verb al
mannerP
Mr.. Russell-Yes,
Mr.. Schell-We object on the ground
that it is immaterial what the Mayor
ruled on that point, since in the case of
IapObs aoaine Of the ROard nF
1t was held by the Supreme Court that
he Mayor had nothing to do with this
matter.
Judge Wallace-This is an inquiry int
the official conduct of the Supervisors. If
there are any circumstances favorable 10
them they are entitled to have them be-.
fore the court. l will hear all that nv be
brought out in this connection.
MIR. Russell testified that from January
up 10 and including June the Super
visors spent 1001 hours in considering the
water rate question, and they gave three
days additional 10 visiting the reservoirs
and pumping works of the Spring Valley
Water Company. He admitted that they
also attenced to some other affairs,
d general smile rippled over the counte-
nances of the throng of citizens i'll the
courtroom when Mr. Russell described the
Supervisors as putting in over 1000 hours
studying the watef-rate problem, and in
Imagination Supervisor Haskins and his
associates were seen in their shirtsleeves
burning the midnight oil and poring over
the complicated statistics compiled hv
their own expert or furnished by the
Spring Valley Company, yet all this labor
ended, according TO MIR. Haskins' testi-
mony, in simple horizontal reduction
that might have been made any day in
February, thus absolutely ignoring and
dislegarding the estimates of all parties,
according to Attorney SchelPs argument.
During the examination of Mr.. Russell
It was shown thai the so-called Haskins
ordinance was introdu uced in the Board of
Supervisors between 10 and II o'clock OH
June 2 and was finally passed between 2
and 4 o'clock on the afternoon of the same
day. Mr.. Haskns had not given any
notice of the ordinance; Mr.. Russell never
saw it and never heard of it before it was
presented.
N1a.nrn GohaII and Rarraft uantad To