The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-01-11

to open all bids for bonds in the pres
ence Of the Board of Trustees. He had
wanted for the past two years to en-
join them from doing so, but had never
been able to get votes enough to en-
ploy counsel and get an injunction
against them
He had written to Bishop & Wheeler
last spring to ask them to apply for an
injunction to prevent the Commission
ers from buying the bonds. In 1872,
when the value of the bonds was fixed
by the Legislature at 80 cents, at a
time when they could not be sold any
where for more than 10 cents. Feavors.
he was satisfied had been shown by
members of the Commission to their
friends in the matter. Had there been
fair treatment of the city, the debt
could have beeen wiped out long ago.
The city has never received more than
very small proportion of the amount
OF the bonds, and Mayor Land had not
acted fairly in purchasing these bonds
while they were in litigation.
Mayor Land at one time wished to
refund, the speaker said. If he was
ing the bonds, the taking up of these
bonds within the past two or three
months was much more criminal
There was nefarious action some
where, he said, and he had no hesita-
ton in saying so.
The stopping of gambling was all
right, but did not SO directly affect the
taxpayers, but when the city is pun
coed out of 100000 each taxpayer
loses his pro rata of that amount. The
Mayors statement that he was going
to stop gambling put him in mind of
the devil saying he would put out the
fires of hell. He hoped the Board
would investigate this bond matter
within thirty days. If there were
means in his power he was determined
to retire these public men from office
who had committed such actions. He
was willing to compromise. and pay the
firm a fair amount, as there is nothing
left to sue for. The Funded Debt Com
mission is not responsible, as it was
created by the Legislature, but he
thought the Mayor was, as he is elect
ed by the citizens and is pledged to
them. The Mayor talks of trying to
stop gambling, too. Devine had never
lost a cent by faro, but he had lost his
the bonds He hoped the Legislature
would repeal the law against gambling
and license it and thus remove a source
of corruption. He hoped that the firm
would be retained for the present case
and then that the Mayor be sued, as he
was responsible, with his bondsmen,
for 1922, GOO and should be made TO
pay. If the firm would get an injunc-
ton to prevent the sale of more bonds,
he would be glad. He had asked for
it before, he said, because he knew the
treacherous policy Of the Commission.
Trustee Doian asked if it would not
be wise to get an injunction now and
prevent the sale of more bonds and save
the remainder for Bishop & Wheeler to
fight for.
An argument ensued over the ques-
ton of paying $1,000 to the firm as
compromise, and Mr.. Earl, in response
to a question, said he understood the
Mayor to say to him that he would be
willing for the Funded Debt Commits
sion to pay that amount.
Trustee Devine said he was willing
to take lot of the outraged taxpayers
and hang the Mayor and Funded Debt
Commission and he would help pull on
the rope.
Trustee Tebbets thought the first
thing to settle was the compromise Of
fered by the firm. The first question
is a legal one, and must be considered.
The Mayors advisor is the Corporation
Counsel, and he did not think the Mayor
had acted without local advice a
did not believe, either for a moment
that he had not been influenced by i'm
proper motives, but thought he had act
ed upon his best judgment in the mat
ter. The best way he thought, would
be to employ competent lawyers to look
into the matter His object in asking
the board to refund the debt had been
to secure improvements for the city
which she had been forced to do with
out. He thought the board should act
carefully and seriously in the interests
of the city. He would ask Mr.. Earl if
his firm wished to withdraw from the
suit.
Mr.. Earl said that the subject matter
of litigation has disappeared. and if
only 24,O00 is left, as he was informed,
as the fee to the firm, under the con-
tract would be $4,000, he did not see
where any benefit to the city could ac-
crue by continuing the suit He felt
that the board had acted in the fullest
Of good faith in the matter, as his firm
had also done. He believed that if it
had gone on in the matter it would have
earned a fee not incommensurate with
the saving to the city by winning the
suit. If there is now only $4,000 to
save there was no use of continuing the
contract. 1t was through the act of
parties outside the board that this state
of affairs had been brought about. OF
course his firm could bring a claim for
the full amount, but it did not wish to
do SO. 1t would do so under the cir
cumstanceS.
Outside of the political aspect Of the
affair, it would seem expedient to the
firm that no further progress under the
contract be taken, and it was willing to
make an abatement. He had power so
to do. He had been told that it was
proposed to allow the firm 81 600 He
| thought that very little for the time
and expense involved, but did not wish
to have any litigation, and whatever
the board thought right he would ac-
cept. He would not advise going fur
Their under the contracts, as the sub
]ect had been disposed of. 1t would not
be to the city's advantage to go any
further, as there had been no willful
settlement of the matter by the board,
ne did not wish to apply to the law.
Trustee Kent asked if the Mayors
pondsmen could not be sued, and Mr.
Earl said he had not considered that
question, and did not wish to give an