The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1897-09-01
SEPARATE
ANSWERS
FOR ALL
Supervisors Are Allowed to
Make an Individual
Defense.
JUDGE WALLACE RULES THAT WAY
Important for the Minority of
Four in the Municipal
Board.
EVEN TIE "SOLID EIGHT" MAY 50 ACT
Possible Outcome Of George z. Fitch's
Suit of Custer and the New
Members.
EVEN TIE "SOLID EIGHT" MAY so ACT
Possible Outcome Of George z. Fitch's
Suit of Custer and the New
Members. .-....-...... : s

A new and interesting phase of the suit
instituted by George K. Fitch to Gust the
Supervisors from Office will be presented
in Judge Wallace court to- morrow morn
ing. 1t is, in fact, nothing less than an
attempt of the honest four of the board
to escape the evil consequences of the
dereliction of duty On the part of the
''solid eight" II :. T.. g.. III. s.
When the suit was brought to eject the
Supervisors because they failed TO fix the
water rates in the month of February, as
required by the constitution and the
statute, Supervisor Rottanzi declined TO
join with the other mem bers of the board
Z in employing Attorney Garrett Nc
Enerney saying that he preferred to APP
pear for himself until he could see his
way clear 10 acknowledge himself equally
inculpated with the aforesaid "soIid
eight" and that was thing he was in no
$ mood to do. u. :-...s.-- =. =;
When asked if he would permit the
filing of separate answers by the several
members of the board who believed that
they could justify their positions in the
making of the water rates, Judge Wallace
replied in the atflrn alive; and it is under
stood that Supervisors Rottanzi, Lack
man, Clinton and Dodge have awaited.
themselves OF this opportunity to clear
themselves from blame. Other members
of the board may, OF course, come in and
make similar answer when the case is
called for trial, but up to a late hour last
night they had not shown any inclin alton
to take that course. 1t therefore looks at
present writing as If it would be battle
between the ''soid eight" and the mi.
nority of four. -. ..:-=. #:
; There is possibility, of course, that
the permission granted by Judge Wallace
for he minority 10 file separate answers
was in the nature of a courtesy that car
ries with 1t no relief but the minority1has
shown a disposition<to: take the matter
seriously by mploy1ng attorneys to prop
! cry present their cases before the court. :.
The minority of the board, however,
con slider it substantial victory to. be
allowed 10 make their defense.. They will
show that on certain date, to wit, the
20th of February, Supervisor RottanZi
moved TO proceed with the fixing of the
water rates, that Supervisor Lackman sec
onded tie motion and that these joined
with Supervisors Clinton and Dodge i'm
voting in the affirm alive. Having shown.
these facts, they will ask to be absolved
from blame, and it is difficult to see how
the court can consistently refuse to con-
slider a defense so clearly Just.
1t is not expected that the attorneys for
the 'isolid eight" will permit their
clients to join forces with their m ost pro-
nounced opponents in the board, but that
the original plan of campaign will be car
ried out by Attorneys McEnerney and
Pillsbury. This contemplates an attempt
10 prove to che satisfaction of the court
that the law which saws the rates must be
fixed in bruary is directory merely and
is not mandatory.
Since so much talk has been going on in
regard to the possibility of ousting the
Supervisors there has been consid era bic
speculation touching the appointments
that Mayor Phelan would make if he had
the chance. Several lists have been made
out but none are exactly satisfactory to
the politicians who are trying to forecast
the result of the Mayors choice. Coin :,
on the assumption that all the members
would go if any are evic:ed there is be-
lief that Mr.. Phelan would fill the vacan.
cies about like this:
First Ward, Stewart Menzies.
Second Ward. ex-senator John Fay.
Third Ward, Captain jim Mcdonald.
Fourth Ward, John Shirley.
Fifth Ward, Gavin McNab.
Sixth Ward, E B. Pond.
Seventh Ward, Louis +. Garnett,
Eighth Ward, Joseph Nougues.
Ninth Ward, A. b. Mcguire.
Tenth Ward, Charles Gildea-
Eleventh Ward John F. Grady.
Twelfth Ward, James DenmGn.
1t is assumed that none of the Super.
visors now in office would be eligible fol-
appointment if they should be expelled
for malfeasance. however much it might
appear, that such maIfeasance was con.
structive and not actual. The Judgment
of the court against them: would be con.
elusive, the lawyers say, no matter how
much they may have wished TO comply
with the constitution and the statute in
: the fixing of water rates z:;.=. -. = -:
= Judge Wallace has cleared his calendar
eoi all mlnor@cases and:iss prepared to take
up the trialof the. Supervisors and press
:" II to a conclusion. As he has already said
2 this is summary proceeding, made SO by
!. the statute, and there is no reason for de.
s laying the hearing for the accom- IN DDS
.tion Of counsel or Respondents : 1t may
:. be rem marked. in. passing that the annual
vacations of:%the Supervisors is supposed
to be now i'm force; but Mr. Fitch's Sui,
: and the trouble the Supervisors have ex.
perienced in consequence will tend to
: seriously interrupt their play time. AL
of them are expected to be present in
= Judge Wallaee's court to- M orro W m forming.