The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-01-10
TRUSTEES VIGOROUS ACTION
PASS CONTRACT OVER THE
MAYORS VETO.
Denounce Action Of Funded Debt
Commission In Late Pur-
chase Of Bonds.

chase Of Bonds
The City Board of Trustees met last
night in regular weekly session, Trus
tees Mckay, Tebbets, Douglas, Dolan,
Paine, Kent, Brown, Bentley and De-
vine being present
MAYORS MESSAGES
| A message was received from Mayor
Land announcing the appointment of
Max p Fisher to be a member Of the
police force of the city, vice v. F. Tay-
| lor, deceased, and in place of F. w.
Bennett, not confirmed.
| Also, nominating E. B. Willis a mem
Der of the Board of Free Library Di-
rectors, vice self, term expired.
The Mayor also sent in the following
message:
! II hereby return to your honorable
board, without my approval, the con-
| tract entered into on the 4th day of
| January, 1899, between the city of Sac
ramento, party of the first part, and
the law firm of Bishop & Wheeler, party
of the second part, continuing in force
| the contract heretofore entered into by
| said parties wherein it was provided
! that said law firm was to render SER
vices in two certain actions entitled, re-
spectively, w. S. Kendall VS.. A. L.
Frost Treasurer of the city of Sacra-
mento, substituted in place of James N.
Porter, and George o. Bates VS.. A. L.
Frost Treasurer as aforesaid, substi-
| tuted in place Of D. w. Carmichael.
| my reason for disappearing this con-
tract is that in my opinion the con-
tract already entered into will protect
the interests of said law firm of Bishop
& Wheeler, and I deem it unnecessary
to renew the same"
| Trustee Douglas moved that the
board adjourn till tomorrow (Tues-
day. night.
| Trustee Bentley said that the action
taken by the Mayor had caused COM
plications, he (Bentley) having invited
Bishop & Wheeler to send some one up
to this city to confer with the board.
Mr. Bentley explained the status of the
contract with Bishop & Wheeler, and
said that while the matter had been
running on, a large amount of the bonds
in suit have been paid. The Mayor has
stated that Bishop & Wheeler would be
willing to surrender the contract and if
SO, it would be Well to wait until their
representative could arrive from San
Francisco by the o'clock train. If the
matter can be compromised SO, it Will
be well to do it, as if the attorneys
should go on and win the case, their
commission will have to be paid out
of the taxes to be collected.
He had learned shortly after he came
on the board, he said, that in the suit
OF Kendall against the city, the former
had acted for the Bond Commissioners,
who wished to force payment of in
terest on the bonds bought by them.
The suit had afterward been changed IN
order to make it more safe from
charge of collision. The Commissioners
have lately changed the face of affairs
by buying up almost all the bonds at
issue with the consent of the Mayor.
He had consulted the attorneys as the
feasibility of suing the Mayor and his
bondsmen, but they had stated that it
would be difficult to collect from them,
it being difficult to prove that his in
tentions were wrong in the matter. He
hoped the board would wait until Mr..
Earl arrived.
Trustee Tebbets said that if ever
there was a time when the Board Of
Trustees should stand together, it was
now. There had never been so damn
able an outrage perpetrated as the pay
ing off of the bonds while the matter
was in litigation. Now the bonds have
been paid, there is nothing left to sue
for, if the city should win it's case.
Trustee Devine gave history of the
bond issue and the legislation connected
with it and denounced the purchase of
the bonds in very forcible language.
Trustee Tebbets was totally opposed
to allowing the suit to be dismissed or
settled. It was serious matter to the
taxpayers and he was in favor of going
ahead and passing the contract over the
Mayors veto.
Trustee Bentley thought it best to
pass it over the veto and Trustee De-
vine moved that it be done.
The Mayors veto was read and the
contract was passed over the veto by
una nimouS vote.
Trustee Tebbets moved that COM
mittee of three be appointed from the
board to investigate the payment of the
bonds and the power of the Bond Com
n,issioners to pay the debt; also that
they confer with lawyers of this city
as to the advisability of bringing suit
against the commission and Mayor to
find out if they have power to pur-
chase the bonds without consulting
with the board. He insisted that the
board is the legislative body of the
city and the Mayor is only an officer
| to carry on the affairs of the city under
| their direction.
| Trustee Brown moved that commit
tee of three be appointed to confer with
Bishop & Wheeler's representative in
relation to the suit
Trustee Bentley announced that he
was called to the East Immediately and
was granted an indefinite leave of abb
sence.
Trustee Browns motion was carried
and Trustees Brown, Bentley and De-
vine We're appointed as the committee.
and the board adjourned till o'clock
| tonight.