The San Francisco call., 1898-12-18

LOT lIe OI ISONSIlUei HdS diouoOu the community to pitch of great excite ment, and it is the universal opinion that something should be done to compel the shifty but solid eight to pay the just claims of the teachers, who have earned their remuneration by the faithful per formance of their onerous duties. h. quiry at the law offices of Garber, Olney & Olney, who are representing the teach CTS In the present effort to compel the School Directors to pass their salary warrants, failed to elicit any information as to the method of procedure which they intend to follow, on the ground that 1t would tend to forewarn the other side. and they argue that such course is not good policy on their part. They are, however, thoroughly confident that they have a good case, and that the teachers will be made happy by shortly receiving their salaries in full, result Whlch VIII be fully appreciated by them, especially at this season of the year. The hrst step taken yesterday was the filing of eight hundred claims for salaries duly sworn to and formally presented to Secretary Welch of the Board of Education.
 Inquiry in other quarters as to the legal remedy in the matter was made, and it was learned that there were three ways in which the desired result could be ac- compliShed. The first is to have a per emptory writ of mandate issued on the School Board compelling them to sign the warrants for the salaries. If this be successful there would be no need of hay ing recourse to the other two proceedings. These last are founded on questions of fact and hinge on the plea that ths de- mands of ,953 for supplies which have been sent to the Auditor were all in cured during the months of July, August, September, October and November, and consequently the board had no authority to pass them, as the appropriation had already been used up for those months under the provisions of the one-twelfth act. That is the groundwork of the com plaints which may be filed. It is then in order to have writ of injunction issued ing the demands, or failing in this an other writ may issue preventing the Treasurer from paying them.
 But If these two remedies should fail then the board may b9 held responsible for passing the demands for supplies in violation of the one-twelfth act and would be liable on their bonds. This last may, alter all, be the most effectual method of bringing the unsavory majority of the board to time and punishing them for their miSdeedS.
 liability of officials who violate its express provisions and it will be relied on to reach the School Directors or any other officers of the municipal government Section of the act reads that All Supervisors, as well as the Auditor or any other officer authorized or aiding to authorize or au- diting or allowing any claim or demand upon or against said treasury or any fund thereof in violation of any of the provis- ions of the one-twelfth act shall be liable Tn person and upon their several official bonds to the contractor damaged by such Illegal authorization by reason of the non- payment of his claim"
 The teacher comes under this category for he or she has contracted or sworn to do certain work for stated amount. Again section of the same act says: The Treasurer paying any claim author ized or allowed or audited in violation of these provisions shall be liable on his official bond to refund the same to the city treasury
 There Is no question that the remedy is apparent if the demands were passed in violation of the act, and the facts unmis- takably bear out that assumption. Injunc- tions in the cases of swelling the substi- tute list with thirty new teachers and the abolishing of the business evening school equally successful in the present teachers emergency of the non-payment of salar- ies.
 The "open door, policy inaugurated in the financial system of the Board of Edu- cation by the startling opinion of District Attorney Dunne was taken advantage of out of Secretary Welch's office at the City Hall supply claims aggrega ting $30,- 900 and over. He took them to the of- f1cenpf Auditor Frederick and left them witty him for his necessary signature, though none of them had been signed by either Superintendent Webster or Presi- dent Harrington. It was the first ag- gressive step taken against the teachers since the passage of the resolution rob- ping them of their November salaries. It Is also the first step taken toward robbing them also of their pay for De- cember. At the end of this month there would be enough money and to spare in the treasury to pay one months salaries, were the Directors so disposed but dis, posed they are not, and as fast as bills can be brought in and sent downstairs without the Superintendent signature they will be audited.
 It is no matter of choice with Auditor Broderick. He has not the right of pref erence. That lies with the Board of Ed ucation. and upon it be the blame. So him, be they of merchants or pedagogues. are within the provisions of the one twelfth act, he is obliged to audit them against the moneys to the departments credit.
 The injunction issued by Judge Belcher on Friday against the Directors has left use every effort to have it annulled. It was the programme of the board to en- list the legal services of eminent and re- bsfora ana to aPpeah an application to have the restraining instrument dissolved, but Director Waller went off half cooked, and with Jake Samuels in tow, appeared before the Judge yesterday morning and made per emptory demand upon him. Judge Belcher looked up from the work on his Seu wah ne5fre m ana e want is td h speak with your Honor upon matter of gravest importance" replied Samuels suavely. "A restraining order most un- just has been issued against one of the most important bodies of this municipal ity and we wish to ask your Honor to withdraw
 Law and motion day Is on Friday, sir; If you wish to make a motion come here then" brusquely retorted Judge Belcher, and the premature Waller and Suave Samuels retired discomfited
 'I can see our finish' said Waller later. " We'll go in there Friday and he will take our motion under advisement for a week and then we will be out of office"
 Director Ragan is more firm than ever in his intention to see that justice is done to ex-Teacher Stanton when he arrives in this city for the purpose of presenting his knowledge of the School Board before the Grand Jury. Director Ragan, who had the recently quashed indictment for extortion found against Stanton in the first place, was in consultation yesterday with his attorneys, w. w. Foote, Reel B. Terry, J. J. Dwyer and Andy Clunie. They have advised him that he has good case against his man and on Monday morning MT. Terry will appear before Judge Car roll Cook to ask that the indictment be re- stored against the ex-teacher. He will base his request upon the grounds stated in The Call of yesterday morning. Dr. Ragan Is very bitter at the allegations that Stanton has made against him and is resolved to make him prove his asser- tions and to also pay the penalty for his alleged attempted blackmail.
 Albert I.ySer principal of the John