The San Francisco call., 1898-02-08
San loses New Charter Club Scores a
 Victory.
City Lawmakers Forced to Pass the Readjustnent Or
 dinance.
Lashed on by the Court They Balk Until the Last Minute and
 Then Obey.
Special Dispatch to The Call.


 Club to-day scored its first victory over the City Council. It was won in Judge Kittredge's court, where Mayor Koch and Councilmen Noting. Dittus anc Krieg were in attendance to show cause why they should not obey the writ o1 mandate issued by Judge Kittredge yes terday to compel them to pass an ordi- nance looking to the readjustment of the collection of city taxes.
 President Smith of the New Charter Club yesterday morning procured writ of mandate ordering the Council to meet and pass the ordinance now before that body, providing for a readjustment Of tht city government as regards the assess ment of city property and the collection of city taxes by city officials, and max ing the work a portion of the duties oi the County Assessor and Tax Collector By this ordinance the taxpayers Of the city would be saved several thousand dollars yearly but on the other hand a number of clerks who stand Tn with tne gang would lose several months Wofk each year-and here is where the opposi- ton to Its passage arose.
 As soon as Judge Kittredge issued the writ yesterday Mayor Koch and council men Noting, Krieg and Dittus were served with copies, which commandeo them to meet and pass the ordinance be fore l o'clock to-day or to appear peIort Judge Kittredge at o'clock this after, noon and show cause why they shoulo not. Mayor Koch at once called meet ing of the Council for 10 o'clock this morning. The members were notihed, but at that hour only Councilmen Nolt- ing and Dittus and Mayor Koch were present This was not quorum. ana after waiting some time for the recreant members to appear an adjournment was taken until o'clock this afternoon.
 At o'clock the Mayor and Councilmen, with the exception of Fay, who IS Tn san Francisco. appeared before Judge Kilt redge. They were represented by Attor- ney F. E. Spencer, and s. D. Smith was represented by Attorney w. B. Hardy. The matter was argued at length, Attor- ney Spencer contending that the provi- sion of the charter providing for the re- adjustment of city affairs was unconsti- tutional. Judge Kittredge failed to take this view ana ordered that the VII. |. stand, and informed the council that 1t must pass the ordinance. Attorney Spen- cer also advised the Councilmen to pro- ceed with the matter.
 The placing of the assessment of prop erty and the collection of the taxes in the hands of county officials will do away with clerks in the offices of the City Treasurer and City Clerk. A number of other clerks who have had work each summer in City Clerk Cooks office will not be needed. The work of the County Assessor and Tax Collector will not be materially increased. It will be neces- sary to employ a couple of clerks in the County Auditors office for a few months in figuring up the taxes, and another man may be necessary in the Tax Collector $ office. It will, anyhow. save the tax payers of the city several thousand dol lars yearly.
 After copies of the writ had been served upon the Mayor and Council men the officials started for the City Hall for the purpose of passing the ordinance. On arrival 1t was found that Councilman Krieg was not pres ent, but after some time he was brought in by an officer.
 The meeting was then called to or der and proved warm one. Kreig re- fused to sign the report of the ordi- nance committee, which embodied the ordinance over which the trouble arose. An attempt was then made to pass the ordinance, but Krieg voted no, and it was defeated. It looked as though the ordinance would not be passed, and that the Mayor and Com mon Council would be jailed for con- tempt of court.
 Reconsideration of the matter went over until later in the meeting, and Councilman Noting aired his opinions He seemed very sore and his spite found vent on ex-City Attorney Hardy counsel for President Smith of the New Charter Club. Noting said:
 During the past days we have been were instigated by men who are anxious to serve in the near future as Mayor City Attorney Councilmen and in other capacities. l have in mind now matter junction proceeding. I refer to the Jul ian-street sewer. Some time ago, after much hesitation, 1 voted for $3200 claim for that work. I believed at the time al lnf nn hn oil x-aI for more than 5000, but after assurances by Colonel Hardy and others that the whole amount of S3200 was due for ser vices rendered to the city in that sewer I consented to give my vote for the claim. Within the past few days I have learned that when $l6Oo Of the claim Jain was paid. MT; Hardy demanded ma $500 from do not blame the attorney for getting $500 or any other amount that was obtain able by him, but 1 do object to having the city pay an $500 attorney fee for that
 I voted for the s32OO claim under the assurance and representation that ser. vices to that amount had been rendered to the city, but 1t now seems the city got only about $2400 of value received and the remaining $500 was used by the contractor Tn fleeing his attorney. l now move that all action in regard to tha' claim be reScinded.
 "I know there Is something rotten 1T connection with the Mabury and Far rell cIaim," said Noting, "and I shall inform Treasurer Ewing immediately that if he pays out dollar on that claim he will do so at the risk of mak- ing good the amount cut of his owr pocket"
 City Attorney Welch addressed the Council on the seriousness of it's ac- tion in refusing -o pass the ordinance in relation to the levying of assessment and collection of city taxes. He sai6 the refusal of the Council to act would make the members liable to con- tempt of court and subject to impris- onment. The vote on the ordinance was then reconsidered and the ordi- nance passed unanimously.
 After adjournment the ordinance was signed by the Mayor and Council men and filed at once with the City