The San Francisco call., 1897-12-21
San JOse'S Council Con-
siders Claims Against
the City.
Noting Accuses Dittus OF Show
ing Partially as an
Official.
Number of Debts Cancelled After
Merchants Had Become
InaportUate.
Special Dispatch to The Call.

SAN JOSE, Dec. 20.--There was more
Hrangling at the meeting of the Com
mon Council tonight over alleged ille-
gal claims. In the course of the after
hoon Councilman Dittus had signed
about 5000 worth of bills, and these
were passed at to-night's session. A
recess was declared to enable Dittus
TO look over some of the other unsign-
ed bills, but when the council was
again called to order an adjournment
twas taken until next Monday night, as
Councilman Dittus wanted more time
to investigate the various claims.
The celebrated Mabury & Farrell
claim for $500 was again laid over,
though Attorney Hardy made a siren
uous effort to have it considered to-
night.
1t was the intention of the council to
suspend tonight those provisions of
the charter which would permit claims
created this quarter to be paid out of
the funds for next quarter. This i'm
portant matter, however, was lost sight
of in the discussion over the disputed
claims.
At the opening of the session of the
council tonight Fay stated there was
enough money in all the funds to pay
every claim outstanding. Noting call
ed attention to the fact that a large
humber of bills had not been signed by
Councilman DittUS, and that people at
this particular time needed money very
badly. Bills to the amount of S32O0
were passed.
Noting read a long list of bills
which he said were for supplies and
labor for the various departments of
the city government, and which had
been ordered by the heads of the diff
ferent departments. He added that he
had not ordered a dollars worth of
anything himself without authority.
The merchants" he continued
have got to have their pay. I under
stand that some of the citizens will be-
gin suits tomorrow if their claims are
not ordered paid tonight"
Dittus asserted that there were many
bills which had not been authorized by
the Council, and these, he said he did
not propose to sign, as he did not con-
slider them legal. Supplies, he declared.
ought to be ordered by the city officials
only after they were authorized to do
so by the Council. 1t was only in this
way that expenditures could be kept
within the bounds prescribed by the
new charter.
Noting charged that Dittus had
picked out certain bills and had al
lowed them to be passed, while others
equally meritoriOus had not received
his approval
Fay suggested that Dittus go over
all the unsigned bills then and there
and lay aside all that he considered il
legal lie declared that many claim
ants, Iaborlng men in particular, were
IN sore straits, owing to the failure of
the Councn to allow their bills.
j. w. Sullivan, who stated he was
there the LEGAL 70 -
Street Superintendent George NJ. Nor
rlson, asked that the Council pass on
the claims of that gentleman for sal
ary Tor the months of August. Sep
tember, October and November He
wanted them either allowed or ra
Jected. He informed the Council that
II they were rejected his client would
prlng suit to enforce payment The
c!alms were rejected, as there is a
difference Of opinion between the
Council and the Street Superfntend-
ent as 10 the amount of salary the
latter was entitled to. He claims
$I2o a month under the new charter
and the Council holds that he is en-
utIed TO but S1OO month, as the new
salary schedule does not go into effect
until after the next city election.
Here recess was taken to give Dit
tus an opportunity to go over the un-
signed bills
When the Council was again called
to order Attorney Hardy, after NoIt-
ing mad made motion to adjourn until
next Monday, asked for hearing on
the claim OF Mabury & Farrell. Nolt-
ing asked for a continuance until next
Monday night, as he wanted to Obtain
1urther information relative to the
clalm- The pOstpOnement was q agreed
upon after Noting had agreed to have
a conference with Hardy in the in
terlm- The Council then adjourned
After the adjournment Dittus stated
that during the week he would go over
all the unsigned bills and approve all
those Which he considered lust even
though they had not been properly an
thoriZed- He had agreed to do this he
SAID, upon the understanding that
hereafter no Indebtedness would be
created by any official or employee of
the city without first receiving the
authorization OF the council
In conversation Mr.. Sullivan made mr.
denial Of the fact that it was a matter
Of public nOtoriety and report, and SC
generally understood by the public
that he and Councilman Noting were
partners in the law business. He ad
mitted further that the books in tbe
law library in the office jointly occu-
pied by them were paid for by their
joint money, and bore both their indi.
Vidual names on their backs
Among the best attorneys here il IS
stated that a fee Of $1,000 for even a
matter involving $4,000 would set q
new standard for fixing attorneys fees