The San Francisco call., 1898-05-03
Supervisors Take Steps to Recover From the
 Surety Company.
Attorney Creswen Instructed to Begin Suit if Reis' De-
 nand Is Ignored.
Insurance Commissioner A. J. Clunie Threatens to Revoke It's License
 if It Re. uses to Pay.

Acting on the advice of City and County Attorney Creswell the Board ot Supervisors yesterday took steps to re cover from the Fidelity and Deposit Company of Maryland $100,000. the amount of defaulting Treasurer Wid- ber's bond In compliance with the re- quest of the board for an opinion At torney Creswell sent the following com munication:
 SAN FRANCISCO, May 2, 1898
 To the Board of Supervisors: l am ID receipt of resolution No. 1856 fourth ser, ies) requesting me to report to the board what steps should be taken to recover rom the Fidelity and Deposit Company ol 9l Maryland the amount for which 1t IS liable as surety upon the official bona ol A .. Widber, eX-Treasurer of the S1ty and County of San Francisco. ana to TUT nish the board with such resolutions as in my judgment should be adopted to ac- complish such recovery.
 In my opinion an action should be com menced at once against the Fidelity ana Deposit Company of Maryland ana A. C. Widber upon the official bond, after prop CT demand has been made for the pay ment of the money, ana 10 tnat end oI,, tion instructing Christian Refs, as Treas urer of the City and County of San Fran cisco, to make a formal demand In writ ing upon said Fidelity and Deposit Son3o noo
  of the public money misapproprlated by A. C. Widber during his term Of off1ce as Treasurer, and directing me to commence an action upon the refusal or the com pany to pay the same; and. second, writ ten demand for the $100,O0O so misappro- prated, to be served upon the managing agent of the Fidelity and Deposit Com pany of Maryland, representing the com pany in this State.
 HARRY T. CRESWELL,
 Attorney and Counselor.
 In accordance with this communica- ton the board immediately adopted this resolutions:
 Resolved, That Christian Refs, Treas urer of the City and County of San Fran cisco be and he hereby is, directed to make formal demand in writing upon the Fidelity and Deposit Company of Mary land, a corporation, for the sum or $l0O = 000 being the amount for which the said corporation is liable as surety on the offt- cial bond of Augustus c. Widber, as Treasurer, for public moneys misappro- priated by him during his term of office, and
 Resolved, That the City and County At torney be and he hereby is empowered and directed, upon the refusal of the Fidelity and Deposit Company of Mary land to pay the same, to institute an ac- tion against it and Augustus c. Widber, in a court of competent jurisdiction and in the name of the proper party plaintiff, to recover the amount of the public moneys misappropriated by said Widber during his term of office.
 Fresh trouble is in store for the sure ty company unless Widber's bond is made good, as will be seen from the subjoined self-explanatory dispatch from Insurance Commissioner Clunie:
 CHICAGO, May l, 1S9S
 Hon. James D. Phelan, San Francisco: Have just learned of the outrageous att tempt of the security company to escape liability. You can say to the company that unless payment is made at once l shall revoke its license to do business In California. If necessary, communicate with me here care Continental Insurance Company ANDREW J. CLUN1E.