The San Francisco call., 1897-01-20
nNOBBY" CLARKE
RAISES A POINT
Asks to Have the Police
Pension Fund Declared
InSolvent.
Complaint That His Clients Have
Not Been Paid Money
Said to Be Due.
On the Other Hand the Commissioners
S,y They Are Right and Havs
More Than Money Enough.

Police Commissioners Tobin, Alvord and
Gunst and Chief Crowley awakened yester-
day morning to find their hands tied. so far
as the management OF the police pension
fund was concerned. This startling state
of affairs was brought about because of a
suit instituted by Counselor Alfred Clarke,
Familiarity known as "Nobby" Clarke, with
the ostensible purpose of having the police
pension fund declared insovent.
Not only were The Police Commissioners
prevented from taking any action IN re-
gard TO the fund, but Auditor Broderick
and Treasurer Widber were served with
notices that they must neither receive nor
pay out money on account of the fund.
A great many quarterly payments were
due, and the delay of even a day would
cause q great deal of uneasiness if not
actual discomfort to those entitled TO pen
slons.
Mr.. Clarke must have chuckled, for,
though he has brought nearly fifty suits
against the Police Com nissioners, he
never before succeeded in causing them
or their associates any inconvenience. 1t
was his first success so far as worrying the
opposition was concerned, and he was for
a moment happy. But his Joy was fleet
ing for Deputy City Attorney W. /. Bro
beck went before Presiding Judge Seawell
and, after making statement of the
facts. secured an order from the court set
ting aside the restraining order. The or
der to show cause why the fund should
not be declared insolvent still stands,
however, and Mr. Clarke yesterday glee-
fully announced that he intended to press
it TO an early hearing.
The com mplaint that has at last sue
ceeded in disturbing the equanimity Of
the Police Commissioners is curiosity
from the lawyers standpoint and is inter-
esting to the general reader.
Following his custom Mr.. Clarke bases
his bill in equity on the constitution of
the United States, in this instance alleging
an invasion of the rights of his clients
as guaranteed to them under the pro-
visions of the fourteenth amendment,
which provides that there shall be no dis
elimination in regard TO the rights and
privileges OF persons.
The bill in equity is entitled Fannie
Burgess and others against the Police
Pension Fund-petition to have said fund
declared insolvent. Among those men
toned as parties to the proceeding are: !:
Fannie Burgess, Mary A. Daley, Mary c.
Berges, Theresa NJ. Stevens, Hattie De-
laney, Ellen Burdett, Elizabeth Magnin,
Alfred Clarke, administrator OF the estate
of Alexander Grant.
that the defendant is a corporation and q
resident of this State and has been for
eight years engaged in the insurance busi-
ness and that the said corporation is and
for six m onths last past has been insolvent; !;
further tbat others have been illegally
paid money out OF the fund TO the exrIu-
sion of the petitioners. thus discriminate
ing against them and depriying them of
rights guaranteed to them by the consti-
tuition of the United States
The petitioners complain that on the
Both of last Septem ber the Police Commits
sioners made a gift of $50 to J. T. Moran
with intent to hinder. delay and defraud
its creditors, and that in contemplation of
insolvency the Commissioners made a
further gift of $40 to Moran.
The defendant commission being a
bank and banker, the petition AYERS, has
failed for more than thirty days to pay
certain moneys deposited with it in a
tiduciary capacity on demand of payment.
The liabilities of the defendantcomm mis-
sion for deaths in its mem bership exceed
$40, 000 and the assets on January IA, 1897,
did not exceed $l9, 461 Sc.
The managers, during the last eight