The herald., 1897-05-01
The Work OF Enumeration
Is Finished
A SAFE MARGIN OVER 100000
ONE LAW THAT MAY CAUSE
SOME TROUBLE
The Expense Of the City Attorneys
Office May Be Doubled-Board Of
Public Works

The work of taking the city census
closed last evening, so far as adding
any new names to the list is concerned,
and all that now remains Is for the
postal employees to finish up the classifi-
cation, checking. etc. after which the
lists will be typewriter, two copies be-
ing made, one for filing with the city
clerk and the other for filing with the
secretary Of state.
Yesterday special enumerator was
employed to take up such names as
were reported as having been over
looked, and quite a number were found.
among them being some of the best
known men in the city. Councilmen
Nickel and Hutchison, as we'll as POST
master Mathews, think thai at tie very
least 5000 names have been overlooked.
and that the city really has popula-
tion of 107 900 at the lowest estimate,
but as the time limit has expired. moth
ing more can be done in gathering in the
missing ones.
At the postoffice the work of classify
ing and counting is going on steadily,
and while it will be day or two yet
before the official figures can be given.
enough is known to justify the state
ment that there will be nearer 10S,O 600
than 100000 There are several thous-
and names on the special lists yet to
be gone over, and if the proportion holds
out on those that are to come as well
as on those already compared, the first
named figure will be reached. These
special lists were laid aside during the
regular enumeration as they came in,
and when all of the enumerators had
finished, the work of sorting them out
was commenced, with the result that
quite large percentage of names was
secured
1t was stated in The Herald yesterday
that one complication that was feared,
In case the 100000 marks was passed.
was that there might be some laws on
the statute books passed for the ben
eft of the city of San Francisco, in
which the provision stating that fact,
or at least the designation that such
laws were intended to apply to cities of
the first class, had been Inadvertently
omitted. One such law has already
been found, which, unless some loop
hole is found which is not apparent on
its face, will more than double the ex-
pense of the city attorneys office. This
law is chapter xci, and was approved
March II, 1891. In the index the law is
stated to be applicable to cities of the
first class, but no reference is made Ell
ther in the title or the body of the
IL o.. 1II @xx-sv iest tt,a
text of the law in full:
Section 1. 1t shall be lawful for the
attorney and counselor, city attorney or
city and county attorney. or the law
officer officially conducting the civil lit
igation. by whatever name he is now or
may hereafter be designated. in each
city, or city and county Of this state,
having one hundred thousand or more
inhabitants, to select and appoint four
assistants. Such assistants shall be
persons learned in the law, and practi-
tioners in the supreme court of this
state, and shall be appointed by such
attorney and counsellor, city attorney,
or city and county attorney, or law Of
ficer conducting the civil litigation of
such city, or city and county, and hold
their respective offices at the pleasure
of the said appointing power.
Se1. 2. Such assistants shall be classi-
fed and designated as follows: First
assistant, second assistant third as
sistant and fourth assistant The said
assistants shall be allowed and receive
salaries as follows: The salary of the
first assistant shall be three hundred
dollars per month; the salary of the
caoond aScj eba11 no two b,,p1rad
and fifty dollars per month; the salary
of the third assistant shall be two hun
dred dollars per month; and the salary
Of the fourth assistant one hundred and
fifty dollars per month The duties of
said assistants shall be to attend to the
civil litigation of the city, or city and
county, for which they are appointed,
under the direction of the said appoint
ing power; provided, that nothing in
this statute shall be SO construed as to
repeal any existing law or laws giving
or authorizing clerical assistance to or
for this said law officer or officers; and
providing Furthermore that the board
of supervisors, common council, or
other governing board Of such city, or
city and county, shall have power to al
low to such law officer or officers, and
to authorize the same to appoint such
clerical assistance as shall be necessary
and shall have power to fix and provide
for the compensation thereof
Sec. 8. The salaries Of the said as
sistants shall be audited and paid
monthly out of the general fund of the
said city or city and county.
From this it will be seen that the
law is very plain and there does not
appear to be much room for doubt. Of
course the city attorney is not compelled
by the law to appoint two more assist
ants, unless he wishes to do so, but
1t would seem that he has the power
should he desire to exercise it. 1t will
also be observed that the salaries are
fixed, and as. under the charter, the
city attorney receives but $3.50 a month.
his first assistant would receive $50 more
than his chief, while the second assist
mats salary would be the same as that
of the head of the office. This law was
found by Deputy Thomas of the city
attorneys office, and has been known
to Mr.. Dunn and his assistants for sew
eral days, and there may be others.