The San Francisco call., 1897-10-07
THE NET RESULT NOTHING.

THE decision of the Supreme Court in the mandate pro-
ceedngs instituted by Auditor Bodeck for the purpose Of
testing the validity of the tax evies passed by the od
and boards of Supervisors, will not take of THE
CALLS readers by surprise To those who listened read
the of the attorneys when the matter before
the court apparent that the law all the side of
the old officials Long before Auditor Broderick began his
proceeding the Supreme Court by denying the various app
cations for wits in which the presented by Judge Wal
lace declared be criminal its nature practically
held that Mr. Fitchs suit civil action such being the
fact but point left for decision, namely did the filing
of notice appeal and stay bond in the below prevent
the execution of the judgment?
AS we'll might the attorneys for the board upon these
premises have asked the Supreme Court declare that
money judgment could be collected pending appeal To
have decided that appeal did stop the appointment
Board of Supervisors in place that by Judge Wal
lace would have meant the complete oveurnng of the urs
prudence of the State Such decision would have placed the
lives and property of all citizens the power of the
first instance and have made every gant his County
Clerk Sheriff and executoner 1t is impossible conceive of
appellate tribunal thus abdcatng its power of reviewing
legal disputes if there any doubt of the law of the
case
Notwithstanding that always important for the courts
to stick to the precedens and adhere wsettled nterpre
atons of the law-for that way only the security of
life and property be manained-t is regretted that it
has been necessary in vndang the orderly process the
courts TO depose the Supervisors practically done by
this decision In with many other citizens had
high hopes of the Board Supervisors 1t composed
of men of intelligence and character True, it enacted siu-
an tax levy but msed into doing by an immature
Mayor and demagogue newspaper might year have
redeemed ITSELF 1t might have established policy at the
City Hall during the coming fifteen months which would have
ouasted the century, for is difficult down municipal
reform when once it is well started
But it useless express these regrets now The new
Supervisors were unfortunate in the of their creation
Had Mayor Phelan been of statesman and less of
politician he would have installed his appointees by regular
process of aw instead of adop revolutionary plan which
has discredited the entire reform movement The correct
method would have been to early hearing the
peal and by that means settle the law of the in advance
VIII probably be many months before the Supreme Court
Will now reach the appeal it being extremely unlikely that
Justices having been bothered with City Hall politics writ
OF mandate will consent advance of the kind of
politics the calendar Only the powerful reasons will
induce them to do so.
No such exist The city now has legal Board
OF Supervisors and there occasion for further haste The
sum total of the reform experiment conducted Mayor Phean
and the Examiner therefore be stated thus yellow SEN
sation months stoppage of the public business several
shattered political regulations and the restoration of the
Solid Eight to power, with the laugh everybody who
hoped for a reform administration at the City Hall.