The San Francisco call., 1898-12-24
TREASURER RES
 IS ID MAKE A
 SETTLEMENT Surprised This City Is
 Involved. THAT STATE TAX MUDDLE MAYOR PHELAN'S EXTRAoRDI- NARY BUSINESS LAxITY. Sacramento Pays Over Colgan's Firm Position-Aggressive Law yers Now Proposing Stip-
 ulations.
MAYOR PHELAN'S ExTRAORDI-
 NARY BUSINESS LAXITY.

Many taxpayers of San Francisco were surprised yesterday when they read that the Board of Supervisors of this city had entered into a contract with Attorneys Rodgers, Paterson & Slack and Devl!n & Devlin to pay these lawyers a large per centage to collect certain moneys which it is claimed have been overpaid in tine collection of State taxes. No one was more surprised than Treasurer Christian Refs. He was amazed to learn that the Supervisors had adopted resolution to pay lawyers a large commission for col lecting money from the State.
 Ut is plain proposition" remarked MT. Refs, that if the city collects any money from the State, a tax on the city will be levied by the State to restore the money. The Mayor and the Supervisors ought to have known that the whole proceeding was designed to give fees to lawyers. No matter how the litigation ends the city will be compelled to pay should an be due San Francisco be collected rom the State the tax to restore 1t will fall heavier on San Francisco than on other in the amount allowed to the lawyers am surprised that plain business propo- sition of this kind was not ,understooo py the Mayor and Supervisors"
 The contract between the lawyers and the city and county of San Francisco was obtained last August, as the 1oiIo"lng copy of the resolution will show:
 RESOLUTION No 1852 Fourth Series).- Resolved That Arthur Rodgers, Van R. Pater- son and Charles W. Slack. composing the nrm of Rodgers, Paterson x Slack. attorneys at law and Robert T. Devlin and William H. Devlin- composing the firm of Devlin Devlin, attor-
 Be and they are hereby employed by the Board of Supervisors of the City and County of San Francisco. State of California, and they are hereby authorized empowered and ap- pointed to examine into any claim that may De due owing unpaid to the said city and the State of California, In connection with cer- overpaid in the settlements between them aris- ing from the collection of State taxes and reVe- nue and the disbursement of public money, and revenue and services rendered pertaining 10 the same and to develop the facts Tn Gonnec- and to collect by suit or otherwise the said claim and all moneys that may De 1, que or or county by reason of in connection with any of the matters above set forth.
 That the attorneys above named, in the maintenance and prosecution of the said claim, shall assist the District Attorney Of the said city and county or it's City and County Attor- ney, or act independently, as circumstances and the law may require.
 That the said city and county shall De at no expense in the maintenance or prosecution or the said claim, the same to be advanced by
 That the above-named attorneys so employed shall receive and retain 50 per cent of all sums of money not exceeding ten thousand (slo,90ol dollars and 25 per cent on all sums exceeding inc said sum of ten thousand (s10. 000) dollars, collected on the aforesaid claim in full pay nent of all services rendered. the balance to be paid into the city and county treasury and apportioned to such fund or funds as required
 That the said employment shall continue in force until the said claim has been fully col lected or has been declared invana py tne nnas California; and the said attorneys shall also be entitled to the same percentage on all sums during the term of said employment; provided, that the said employment shall not continue for a longer period than two years, unless the said claim shall be in litigation. and in such an event 1t shall continue until the said litigation shall be finally ended.
 gust 15, 1898: a. oa,,.o days, according to law, taken up and passed by the following vote:
 Supervisors Deyany Haskins: skins Delany' ila,ty smith, Clinton, Rivers
 Absent-Supervisor Rottanzi
 The above Resolution, No. 1852 Fourth Series). not having been approved by his the Board of Supervisors. returned to this board with objections thereto; within ten days of the presentation thereof, has become valid in accordance with the provisions of Section No. 6S of the consolidation act. on this 27th uas VI JNo. A. RUSSELL. Clerk.
 Treasurer Refs of this city announces his purpose to make a speedy settlement with the State Controller If he is not re- strained by the lawyers employed by the
 
 topic yesterday, he said ."I expect to make the settlement in few days. I am waiting now on the Tax Collector. No papers to prevent me making the cus- tornary settlement have been served upon me, and I do not hear that any steps to restrain me are in contemplation. The amount to be paid over to the st State will retained under apportionment of school money
 It seems that Mayor Phelan did not sign of ha rd of ,ie- ors. but it became valid with his consent, as he did not interpose official objection. It does not appear on the record that any one in the City Hall sought the advice of the City and County Attorney on this i'm nortant contract. Comment on the Mayors inefficiency is varied and pointed The Mayor is said to be exceptionally gifted with qualities required for opening a woman's congress or receiving a hero like Hobson, but is so lamentably de- ficient in ordinary business sense that he ought to have a guardian Obviously it never entered his mind that the lawyers had an ax to grind when they sought his a,,pr,arf obtaining the contract Mir