The San Francisco call., 1897-09-21

naming members cOncurred in their opinion
If the mem bers OF the board were culpable,
1t was not grievous matter IN attempting TO
perform their duty 1ntelligenuy in accord
with the decision of the Supreme Court, but
mendaeious newspaper, In vilifying and as
crlblng improper motives TO the members of
this board in order to control the action OF the
board against their conclusions from he testi-
mo1y presented. form mulated capal to die
tate the action, which, so far has met ap-
proyal. The policy of this pa per is TO dictate,
and, if not obeyed, to attempt Viiifcatiop,
and, If servile tools are found, to attempt to
punish men who dared tc do their duty.
The some what supposed peculiar action OF
w. I. Wallace, a Judge of the Superior Court,
might lead our citizens to in fer, il any consid
Grafton is given to this decision, that it looks
like an arrangement preconcelved to carry
out the plan, right or wrong, as apart from the
evidence taken. which is supposed, generally.
TO govern. TRe Judge, w. 4. Wallace, gave
evidence in his decision that as the question
was one that had engaged the attention OF the
people for about twenty years, an intelligent
body OF men with this knowledge could fix the
rates IN the month OF February.
verify, Daniel come 10 judgment"
The sequence-the Mayor, the adviser of the
board in this matter, pnoer this decision with
our de facto Governor, reappointed four OF the
m bers of the board, one OF whom, at least
supervisor Ciinton) favored and advocated de-
lay, and this acton of the Mayor lends color
to the suspicion that this decision was in ae-
cord with O preconceived action, without
Judge or jury.
The board and the me m bers thereof confident
ly DalIeVe and assert that no supervisor, now.
ever intelligent, is in position to determine
any question of such i'm por lance or make all
investigation in one month and determine
just what rates shall be fixed during the Sec
ond month of his induction into Office, other
i'm portant municipal business demanding q
portion of his time, attention and consider
alton; therefore
ResoUed, That this board conscientiously
and honestly performed its duty as public
officials in spite OF all influences, do here re-
speetfuliy request the honorable Supreme
Court to speedily hear and determine the
matter at issue in justice to the mem bers of
this board rs public officers and 10 our con-
stituents, the people of this city and county.
Resolved, That a copy of this resolution,
omitting the preamble, be transmitted by the
clerk to the honorable, the Supreme Court.
as follows:
Resolution No. 2-Whereas, the duly elected
Mayor OF this city and county. James D.
Phelan, and the present de faeto Governor OF
this State. James H. Budd, have deem ed it their
dutyto attem pit to usurD the prerogatives Of this
board and TO appoint in the place OF the duly
elec ted members of this board certain persons
to fill the office of Supervisors, predicatlug the
said action on supposed predetermlned de-
cision OF the well-known w. L. Wallace, a
Judge of the Superior Court; and whereas,
the said Mayor, James D. Phelan, has failed TO
attend and preside over the meetings of this
board, and by virtue OF the action taken by
him has recognized and presided over the
meetings OF the so-called Supervisors and has
faied tol perform his duty in this and
other respects as required by the consolidation
act; and whereas. by provision of an act of the
Legislature of this State entitled 'An act to
confer further powers on the Board OF Super
visorS," approved April %, 1868, it is made
the duty OF this board to designate one OF their
number who shall, in the absence of the
Mayor or during his inability from any cause,
perform the duties required by law OF the
Mayor; and whereas, under an act of the
Legislature passed at the last session it is
made the duty of the Mayor to pass upon the
levy made by the board under the provisions
OF the Revenue Code OF this State this the
20th OF September; therefore
Resolred, That Supervisor Britt be and is
hereby appointed to perform the duties re-
Quired by law of the Mayor of this city and
county during the inability or refusal of the
said James ID. Phelan from any cause to per-
form his duties as Mayor in connection with
the business required by law to be observed
and performed by this board
Rescued, That the revenue orders and all
other orders ana resolutions required TO be
Mayor for his action be submitted to the act
ing Mayor herein and hereby appointed until
the further orders of the board.
Resolution No. 3-Whereas, without reiec-
tion upon the citizens who have attempted to
assume and perform the duties of Supervisors
of this city and county under a so-called ap-
pointment by the Mayor of this city and
county and tho de facto Governor OIL this Stale,
predicated on q decision OF Vt. Wallace, q
Judge of the Superior Court, from which an
appeal has been taken 10 the Honorable the
the members OF the present board. duly
elected by the people, to administer the affairs
OF the municipality It'll such time as said ap-
peal is determined, therefore
RESOLVED, That Supervisor Britt, appointed
to perform the duties oil Mayor, etc., by reason
of the action OF Mayor James d. Phelan refus-
ing to perform his duties, and Supervisors
Devany. Morton and Smith be and are hereby
appointed special committee 10 take Such
steps as may result in the exc usion OF all per-
sonages from meeting or holding meetings in
the rooms and chambers OF this b,ard, and
ana authority TO take such action as may be
required to carry out and have enforced the
provisions OF this resolution
Resolved, That said committee be and are
hereby empowered TO request the Chief of Po-
lice 10 detail sufficient mum Der OF police Off
GERS to assist in carrying out the provisions OF
This resolution, and If Tor any reason the said
Chief of Police does not deem it his duty to
detail sufficient force of police officers for
that purpose. then the said committee is
hereby empowered to take such other action
as may enable them to control its cham be rs
anu rooms
Resolred, That the clerk ard officers OF this
board, duly appointed 10 take the place OF the
clerk and officers who have refused 10 perform
their respective duties, snail, and are hereby
directed 10, take charge OF the records, books
and papers in the clerks office, under the in
struetions of the special committee herein
appointed, whenever the said special COM
mittee have made arrangements to enforce the
directions herein given.
Reso 'ped, That the said special committee be
and is hereby further empowered 10 employ
special counsel TO aid and assist 1t in the per-
iormance OF the duties herein imposed.
Resolution No. 4-Whereas, IN order that
The officers OF the city and eOunty shall, in the
transaction of business, be protected from all
liability in relation to the auditing aud pay