The record-union., 1898-09-20
SUPERVISORS HELP SUMNER
RELIEF CORPS.
Trouble Over the Special School
Tax Election in Moke1-
umne District.

| county In the prosecution OF charities.
The petition was as follows:
Gentlemen: We, committee from
Sumner Corps, No. IL, auxiliary to the
| Grand Army of the Republic, appear
| before you in behalf of it's members to
ask you for an appropriation by your
| honorable board to aid us in our work,
which is the relief of the old soldiers
Of the Civil War and their dependent
ones. Having been organized for twelve
years, and having expended from our
| funds many hundreds of dollars fer
the relief of these old soldiers, and as
we see that the Necessity for relief in
| creases every year, we find ourselves
less able to do this work unaided.
Our work is neither sectarian nor
political, but is to assist all the de-
Tenders of our nation when it was in
dire peril Knowing that you realize
the debt we owe to these same soldiers,
we feel that you will consider it a
| pleasure as we'll as a duty to assist
US in our work, and SO thinking we
| ask you to give us such a monthly
appropriation as you can afford, and
we can assure you that it will be well
| expended"
| Mrs. Egan explained the corps had
no funds for distribution except what
was raised by subscriptions from men,
bers, or derived from entertainments
| given by the order She declined to
specify the appropriation required, and
| left the matter with the board
Supervisor brennan said the cause
represented by the ladies was a worthy
one, and that an appropriation ought
| to be allowed.
| Supervisor Jenkins moved that do
nation Of SO per month be allowed the
corps until further notice.
| The motion was seconded by Dreman,
and was carried by aunanimous vote.
MOKELUMNE DISTRICT TAX.
| Attorney A. M. Seymour, represent
| ing a number of taxpayers of the
Mokelumne School District, protested
| against levying a special school tax
on said district. His contention was to
| the effect that the Board Of Super
visors should act on the return as made
by the School Board respecting the
election held, and that such return did
not show that the Board Of Directors
Of the district had never acquired NJ
| risdiction to hold such election, and
that such being the case the Board Of
Supervisors had no right to levy the
assessment. He contended that no affi-
davit accompanied the return made by
the School Board.
District Attorney Ryan agreed with
Mr.. Seymour that the return did not
show that the notice of election had
never been published, and unless it had
been so published the election was ille-
gal. He said however, that sucn pub
lication might have been made, and if
so it was a matter of proof.
Chairman Morrison said that as the
board was obliged to act at once the
proper plan would be for the taxpay-
ers to pay the tax under protest, and
that if the courts held the election to
have been Illegally held the money so
paid would be returned to them.
Attorney Seymour said his clients did
not desire to pay for litigation when
1t was unnecessary. He called atten-
ton to the fact that an election was
held in May last, and the special tax
proposition was defeated. Again in
August another election was called,
and the special tax levy was carried.
He held that the May election deter
mined the matter for the ensuing year,
and that the subsequent election was
irregular and illegal
Chairman Morrison said County Su-
perintendent Howard had passed on
the matter and decided that the elec-
ton was legal.
Attorney Seymour said the District
Attorney had never passed on the mat
ter.
Chairman Morrison said that the pro
on he CT n
the board could act was taking an un-
fair advantage Of the other side, as it
allowed them a chance to make an
swer and produce proofs.
Mr. Seymour was prepared to say
that only three pupils attend the school.
whereas the law provides that at least
five shall attend; that two Of the
parties who voted for the levy We're
not residents of the district, and that
the election was called to be held be-
tween the hours Of 10 a. m and .
p. m, and that at o'clock the Election
Board decided that the ballots were
irregular, and that all were destroyed
and the election was held over again.
Chairman Morrison said those mat
ters were evidence for a court to hear.
Mr.. Seymour protested against any
action which would throw the matter
into the courts, when it was plain that
the election was illegally held.
Chairman Morrison said the voters of
the district had evidently acted in good
faith, and that even the protesters had
voted at the election
Mr.. Seymour said they probably did
| not Know that ringer" would be put
IN on them. He asked the board TO act
on the election return made by the
School Board
Action was deferred until 2 o'clock.
OTHER MATTERS.
The bid Of $1,000 of the California
Navigation and Improvement Com
pany Ca corporation) for the franchise
for a wharf on the banks of the
Mokelumne River on Andrus Island
was received and accepted, and it's
bond, with E. A Guerney and f. w.
Butler as sureties, was filed, and the
necessary ordinance passed.
o. G Smith presented a claim for S11
for damages to his buggy, which was
overturned In a ditch on the upper
Stockton road near Keefe's place. He
was authorized to instruct the black
smith who made the repairs to pre-
sent his bill in sum not to exceed
S11.
When the board reconvened In the
afternoon the report of the School
Trustees of Orangevale District was
read, to the effect that special school
tax Of 1915 had been voted, to pay for
a lot and schoolhouse.
The tax was ordered levied, accord
ing to law.
A report from w. H Nelms, clerk Of
the Elk Grove Union High School