The San Francisco call., 1905-06-13
MAYORS VETO
IS SUSTAINED
Supervisors Fail to Pass
Ordinance for Construc-
ti0n Of Public Buildings
NEW BILL INTRODUCED
City Attorney Will Render
an Opinion on Legality
of Manner of Procedure

The Board of Supervisors yesterday,
the Mayors veto of the ordinance pre-
scribing the manner in which public build
ings under the bond issue are to be con-
structed. providing for competitive plans
and for the appointment of Louis Stone
as supervising architect.
Boxton said he would vote against the
ordinance because he understood that un-
der its terms it would be several years
before the public buildings could be built.
D'Ancona stated that under the ordi-
nance the Board of Works would be the
agent of the Board of Supervisors in car
rying out the improvements and that it
simply prescribed the manner in which
the expenditures shall be made.
Mayor Schmitz fatty declared the ordi-
nance to be in violation of the charter
provision and that all that is necessary
is to authorize the Board Of Works
to proceed with the work.
Gallagher denies that the Board of
Works is the agent of the Board of Su-
pervlsors, claiming that it Is a separate
branch of the municipality and is re-
sponsible for it's own acts. He argued
that all the Supervisors had to do was
to provide the necessary funds and that
functions of the Board of Works.
The Mayor said that he desired to ex-
pedite the construction of the buildings,
but that even if he agreed to the ordi-
nance some one would be sure to delay
the work by testing its legality. Braun
hart held that the legality of the ordi-
nance could be affirmed by the Board of
Works and that the Supervisors held the
keys to the city treasury.
70 lor c1Ivy
of money as contemplated under the bond
ISSUE" said Braunhart, "should not be
vested in three members of any municipal
body and without proper supervision. The
opinions of two City Attorneys held that
the Supervisors alone shall have control
of the expenditure of municipal funds in
order to see that the money is honestly
expended"
ENGAGE IN VERBAL TILT.
At this point Braunhart and the Mayor
engaged In verbal tilt. The former as
serted that the Mayor had never been
present at the meetings of the committee,
which had not received the benefit of his
advice. The Mayor called Braunhart to
order, saying that he had overstepped the
time limit of five minutes allowed for
speaking.
Gallagher argued that if the Board Of
Supervisors had absolute control of city
funds it would be responsible for the de-
falcations of ex-Tax Collector Smith.
Rea suggested that the bill be sent to
the City Attorney for an opinion as to
its validity. This course was followed,
after the Mayors veto was sustained, by
reintroducing the ordinance. but amend
ing il so as to provide for the appoint
ment of an assistant to the Board of
Supervisors instead of an inspector.
Fourteen votes would have been neces-
sary to override the veto. The vote on
final passage was:
Ayes-Booth, Brandenstein, Braunhart,
Comte, Connor, D'Ancona, Eggers, Hooks,
Mcclellan, Payot-10.
Noes-BoXton, Gallagher
Excused-Rea, Sanderson-2.
PLAYGROUND Is SELECTED.
The ordinance directing the City At
torney to begin condemnation proceedings
for block 129 set aside for childrens S
playground at North Beach, was indefi-
nitely postponed. The Utilities Committee
has selected block Isl, bounded by Chest
nut, Powell, Lombard and Mason streets,
for the purpose, and the City Attorney
will solicit offers for it's sale to the city.
The ordinance ordering the construc-
ton and equipment OF the Washington
Grammar School at a cost of $4,000 un-
der the bond issue was finally passed.
Demands were ordered drawn in favor
of p. ]. Kennedy in the sum of $4,000 as
the purchase price of a portion of block
u. University Mound district, required for
the new South End Primary School; in
favor of Margaret Powelson for SSS56 % for
a lot adjoining the Golden Gate Primary
School.
The board accepted the offer of A. Med.
Rlddell to sell for $10,250 block in the
Silver Terrace Tract as site for the
new Burnett School and ordered de-
a for he a