The record-union., 1897-06-03

perVlsors Were surprised this morning
when District Attorney Shook advised
them to stop all road work with the
close of May or else be prepared TO
pay for all done thereafter out of their
own pockets This includes working
and sprinkling all roads, and also shuts
out the mileage Of the Supervisors The
members fired a yolley of questions at
their legal adviser that took him some
time to answer.
The new County Government Act
and Road Trustee bin are the cause of
ing to the Interpretation of Attorney
General Fitzgerald both become laws
on next Monday, but the Road Trustee
bill supersedes the County Government
Act in all matters pertaining to road
matters. as the latter is simply a re-
enacted law He claims. therefore, that
there is a vacancy in the office of Road
Trustees throughout the State on Tues
day next, which must be filled by the
Supervisors on petition.
The Supervisors throughout the State
are reluctant 10 give up the patronage
connected with the road work under
the present law, and have decided to
do nothing until compelled to by man.
damus or otherwise. In several of the
counties they have decided to await
the action Of the Alameda Board. The
conditions are such that to proceed un-
der either law might give ground for
a damage suit or TO compel the OIL
cial ordering work to pay for it himself
The board met as a Committee Of the
Whole this morning and considered the
proposition. 1t was the unanimous
opinion that steps should be taken at
once to have a test suit brought and
rush it to the Supreme Court for deter
mination of the points at issue. The
question before the committee was, how
to get the matter before the courts so
as to bring out all the points and get
ruling which would cover the entire
law.
It was decided that Supervisor Roeth
should order certain work done next
Tuesday in Piedmont District, and have
a bill presented to the Finance Com
mittee Saturday This will be approved
and on the following Monday allowed.
The claim will be taken to the Auditor,
who will refuse to pay it on the ground
that the board has no power to order
road work, as it is intrusted by law to
Road Trustees.
Mandamus proceedings will then be
instituted to compel him to pay the
claim, and the decision given therein
will be appealed from And the case
taken to the Supreme Court. The pa
pers viii be drawn between now and
June Sth, so that there will be no need
of delay, and it can be in the Supreme
Court before June 18th 1t is believed
a case of such Importance viii be taken
up out of order and passed upon by
the Supreme Court
Mandamus proceedings could be
taken as soon as the bill is presented
10 the Clerk to prevent the Super
visors from auditing and allowing it.
This would give the matter a start of
a week, but il is feared might not test
all the points. The mandamus might
also be invoked against the Super
visor ordering the work if he made his
intention known so that proceedings
could be gotten under way in time.
EDUCATING TO A LINE.
Pasadena News: 1t makes US very
weary this talk about educating chill
dren above their station" in our repub-
lican country What is anybody's sta
ton in the United States anyhow? 1t
is the place he can make for himself,
and maintain. We must never lose
sight of the fact that a hod carriers 5
children have as good right to a col
lege training as the sons and daughters
Of the millionaire, if they can get it.
Some lady critics of the American pub
lie school system, also some ministers
of the gospel who seem TO have for
gotten that Christ was the son of a
carpenter and his disciples were COM
mon fishermen, have lately been airing
their mutual views on the ruinous eff
fects Of educating poor peoples chill
dren to believe they can be ladies and
gentlemen? An education is that
which best fits a child for the work
it will probably do in the world, but no
fine lady lolling back in her chair and
talking patronizingly of the peoples
schools, no high salaried preacher sit
ting upon velvet cushions in his gilded
pupit, has the right to decide what
that work shall be. These least of all.
A TARIFF COMMISSION.
Stockton Record: The proposition
for a permanent tariff commission is a
good one There should be greater sta
bility and fewer radical changes in tar
iff legislation. Business demands un-
varying conditions, or at least such
imperceptibIe variations as not to dis
turb and distract all the industries and
entirely uproot some of them.
A bill has been introduced in the
House for permanent tariff commits
sion of seven members, who hold Of
fee for twenty-one years, but one
members retires every three years, to
be succeeded by a new one. The COM
mission has the power, with the ap-
proval of the President, to suspend tar
iff duties and to adjust them to current
conditions If this bill is amended to
forbid any change of more than ten per
cent in the tax in any one year it
would be made great blessing and re-
move the tariff permanently from poll
/ tics. In the course of twenty-one
/ years service, applying himself to the
| question of customs duties and their re-
! lation to trade and industry, a member
| of the commission could become an eX-
/ pert and his judgment would be better
| than a whole delegation of ordinary
! Congressmen, and ten times more val
liable than the excited prejudices of a
million voters confused by a three
months campaign and infiamed by pri-
vate and personal motives.
IC ICO-OPERATIVE COMMONwEALTHS
! San Jose Herald: Further reports
come of destitution and suffering
| +t,a Torolpba1,y,o colNYi-+~