The San Francisco call., 1905-08-29
REIGN Of BOSS
IS THREATENED
Public Works Commissioner
Maestretti, Abandoned by
Surety Company, Desperate
HIS SUIT is TRIED
Action Before Seawell May
Cost Him His Bondsmen
and Compel Resignation

Superior Judge Seawell has taken
under consideration the suit instituted
by Commissioner OF Works r. A. Ma
estretti to enjoin the Aetna indemnity
Company from withdrawing as surety
on his official bond. Should Judge Sea-
well decide that the surety, company
has the arbitrary right to withdraw
from the bond at its pleasure there is
a question as 70 whether or not Ma
estretti will be able TO hold his ONCE.
Having been found to be & bad risk
and one upon which the surety COM
pany does not care TO longer gamble,
Il is q question whether Maestretti will
be able TO secure another bondsman,
and falling, the law provides that he
must step from office. In any event
the action OF the Aetna Company is a
} good demonstration Of the suspicion
that rests upon the Schmitz admins
tration throughout the business world.
should Maestretti be compelled to
step out OF office through inability to
md a corporation that would stand
sponsor for his official acts IL would be
e blow that would shatter what few
defenses that remain to Schmitz and
his followers.
MULTIPLICITY OF SUITS.
e. when the case was called before
Judge Seawell yesterday afidavits
were read IN which H. E. Peart and
Paul NJ. Nippert, officials Of the Aetna
Company, set forth the fact of their
notification of withdrawal from Ma
estrettPs $4,000 bond. Attorney
George f. Hatton, representing the
surety company, further stated that
the reason that prompted the surety
company TO withdraw from the bond
was that a multiplicity Of suits had
been filed against the Works Commits
eioner by persons that had been in
5ured through the deplorable condition
Of the streets.
Maestretti was called to the stand at
this point and testified that when the
surety company went on his bond it
had full knowledge of the liability. that
might fall upon it. But, he said, its
excuse in the case at bar was not q
valid one for the suits referred to were
fled against the members of the Works
Board personally and could not in any
way affect the surety company, which
was liable alone to the city for any
act Of the commission that might re-
suit in loss TO the municipal govern
ment.
Attorney r. A. Countryman, repre-
senting Maestretti, sought to show that
there could be no liability upon either
principal or bOndsman for the condi-
tion OF the streets, for, said Country
man, the Board of Works has expend-
tlr u BLON4utu lOE the expenditure OIL
all Of the money that has come into
its hands for the repair of streets, and
can do no more.
HINTS AT POLITICS.
Judge Seaweu said he could not try
these issues, but Countryman said he
wanted to get Inc facts into the rec
erd, for il was d remarkable coinci-
oence that the Aetna Company should
have Withdrawn from Maestrettis bond
just on the eve of the primary election.
There might not be any particular po-
'litical significance in the surety COM
pany's act Of withdrawal but the coin
cidence was peculiar, he said.
The argument then drifted to a con-
Etruction of the law under which the
surety company wishes to Withdraw
from the bond The law is plain and
provides for the withdrawal Of a
surety on the lines followed by the
Aetna Company. Countryman contend
ed, however, that the law which was
passed years ago, refers solely to
gratuitous sureties, but that the bond
signed by the Aetna Company was a
contract that could not be broken with
out the consent of both parties.
Counsel for the Aetna Company dis
agreed with this view. simply quoting
TO give construction to its provisions
This done Judge Seawell took the or
der 10 show cause, together with the
. demurrer Of the respondent, under ad-
. visement.