The San Francisco call., 1898-12-23
GRAND JURY ACCUSATIONS
OFFICIALS WHO ARE ACCUSED
 OF MISCONDUCT IN OFFICE.
Ordered Money Paid Without the Ne cessary Vouchers and Employed an Attorney Who Was
 Not Needed.
Special Dispatch to The Call.

FRESNO, Dec 22.-Four accusations against members of the Board of Su- pervisors found by the Grand Jury were filed in the County Clerks office this afternoon and notice was served on the members of the board. The ac- cusations were found by the Grand Jury before adjournment Tuesday and District Attorney Snow was instructed to draw them up in legal form, which work was finished yesterday afternoon.
 The Supervisors who are accused by the Grand Jury are J. H. Sayre. chair man of the board; c. W. Garrett, w. P. Manly and M. s. Rose. The charge is that of willful and corrupt miscon- duct in office and contains three spe- cific allegations of malfeasance. The proceeding is not in the nature of an indictment, although it is a quasi crim- inaI action, the object being the re- moval from office of the members com plained of.
 For that reason eX-Supervisor James A. Ward is not included with his late colleagues, inasmuch as he does not now hold office. Supervisors Garrett and Rose will be out on the 1st of the year. All the present board Is charged with misconduct in office, excepting Su- pervisor Scott, who was not member of the board when the matters were transacted upon which the Grand Jury based its charge of corrupt miscon- duct.
 Two of the counts are in connection with the purchase of road sprlnkIers from the Hopkins Agricultural Works for Supervisor Wards and Supervisor Garrett's districts, in which transac- ton the Grand Jury found that money had been paid by James K. Hopkins, and for the alleged acceptance of which Supervisor Garrett was indicted.
 The third count was the payment by the board of $375 to Attorney C. C.. Merriam on July 31, 1885, for services rendered to the board as special counsel when the reconstruction of the Court house was in progress. A singular thing in this connection is that Dad Letcher who is a member of the pres ent Grand Jury, was on the Board of Supervisors at that time and it was he who made the motion to employ MT. Merriam as special counsel.
 Several days ago District Attorney Snow made a demand upon the board for authorization to bring suit against County Treasurer Whitson for the re- covery of $375 paid to Attorney Merriam The board declined to give the desired permission, which was necessary in order to institute suit, as the Supreme Court has held that the board has full control over it's own acts, and inas- much as the board had directed the auditor to draw a warrant for the sum in favor of MT Merriam a suit bought by the District Attorney in the name of the county, but without the au thorization of the board, would not stand in court.
 When the board retained Mir. Merriam at a salary of $125 month District Attorney Snow brought d mandamus proceeding against the Auditor enjoin- ing him from drawing a warrant for Merriam. MT. Snow won the case in the Superior Court here and also in the Su- nremc Court. After that the board nassed another order (the one referred to in the accusation) directing the Au- ditor to draw c. warrant for Merriam for the sum of $375, which was pay I,1ent for three months service. That navment was made without the knowl- edge of the District Attorney The noint in reference to the accusation of inc Supervisors in connection with the nurchase of the road sprinklers is that inc money was ordered paid without any bill, claim, account or demand hav ing first been filed with the board or with the clerk thereof. The county gov ernment act makes it necessary for verified and itemized bill to be pre- sented before any money is paid out of the public treasury.
 The l.ling of the documents having