The San Francisco call., 1905-02-15
SAYS EXPENSES
ARE NOT LEGAL
Mayor Calls Upon Auditor
Baehr to Reimburse City
on Grand Jury Demands
EXCEED APPROPRIATION
Declares Payment of Unitenl-
lied Ellis a Wiiiful Waste
of the Municipal FuIds

Mayor Schmitz yesterday made a
demand on Auditor Baehr that he
forthwith reimburse the city for
moneys paid on demands for expenses
OF the Grand Jury in excess of the
budget appropriation which Baehr
audited on court orders. In his COM
munication the Mayor characterizes
Baehr's action as Illegal and nooll4es
him that unless he pays back the sums
. SO audited he viii take steps TO COM
pei their payment. The communica-
uon follows:
Hon Harry Baehr, Auditor. C9ty-Dear Sir:
1 have your communication OF the llth inst.
II Is nay opinion that your action in auditing
legal and In contravention both OF the stat
utes of the State ana OF the charter OF the
As Mayor, I hereby demand Of you the i'm
mediate reimbursement 70 the city and county
OF San Francisco Of the moneys nlegslly paid
on these demands. failing which shall cause
the necessary proceedings TO be instituted TO
enforce such reimbursement.
The questions involved DO not Ct all concern
The action OF the Grand Jury, nor is II my de-
sire In any way 10 impede its work In what
ever direction and with whatever motive the
foreman may seek TO guide its action
The question involved is oas. however, that
the citizens OF San Francisco are vitality in
terested IN, and that question is, Can the
funds OF the city be drawn upon without war
rant Of law for the purposes not contemplated
By the city's budget or by its regular appro-
priation OF funds. and neither recognized nor
allowed by lawT'
It appears that some time ago you and the
chairman OF the Finance COMMITTEES Of the
Board OF Supervisors. with other persons Off
cisl and unofficial, agreed. without any con-
suitation whatever with tho chief executive Of
the city, that you would allow $1,000 month
or more 70 be taken from the city treasurey
for Grand Jury expenses. although the nmita-
tion OF expenditure for this purpose was by
the annual budget OF the city fixed at just
errTH hat 20 -urffs
month.
WANTS FULL INVESTIGATION.
] have no objection TO the Grand Jury hav-
ing the fullest latitude OF investigation; I am
willing that through the proper channels any
necessary moneys should be allowed them for
the most complete examination OF every mu-
ncipal department, and 1 include especially
my own office and official acts and the offices
and official acts Of any of my appointees, but
such moneys must be allowed only in the reg
ular manner provided for the city's financial
raneements IN private oihces, inspired either
by hope OF partisan political advantage or by
any newspapers desire for revengeful and cor
rupt defamation
Nor should such extraordinary and revolu-
tionary methods OF municipal finance be toll
Grated as the allowance OF uniterniZed bills for
lump sums for personal expenses" which may
Include the champagne quaffed in various
houses Of il-fa1ne by certain members Of the
Grand Jury in the course Of their official
Investigations; nor is Il TO be permitted that
when the city has provided suitable rooms at
Lne Olty han IN which Grand Jur1eS have
held their sessions for many years past, to-
gether with all the necessary furniture and
paraphernalia, private buildings should
be engaged new and unnecessary furniture
purchased. private attorneys engaged and
IawboOks bought at the cityss double expense
The law and the decision TO which you have
referred as Justifying this unusual and extra
ordinary proceeding are in nowise applicable
TO the case.
The Grand Jury Is allowed by law (section
92s Penal Code) 10 employ one expert al an
agreed compensation not 70 exceed Sb per
Gay, for the purpose of examining the books
city and county, and for no other purpose
Il IS not authorized to employ ATTORNEYS
who disguised under the appellation of '.ex-
perts'D have been allowed payment by you
nor is II authorized TO employ an expert ar
chitect, whose bill for $25S so you have al
lowed with probably more 10 comel You
seek 70 Justify these Illegal payments and
others by stating that the demands were aud
Superior Court
Judge Of the Superior Court. a. YOU must
certainly well know, has no authorize What
ever 70 order the payments Of such demands
as these His power TO make any order for
me payments OF any demands upon the pub
lie treasury depends the express letter of
the statute Section IA Of the Code OF Civil
Procedure reads:
When Sheriff TO provide courtroonns etc 4.
courts and the chambers Of the Judges OF
said courts be not provided In any city and
county. or county. by the Supervisors there
OF. together with the attendants ffIrnIt1,ro
fuel, lights and stationery sufficient for The
transaction OF business, the court or the
Judges thereof, may direct the Sheriff OF the
city sno county. or county, 70 provide such
rooms, attendants, furniture, fuel lights and
statlonery, and the expenses incurred certified
oy the Judge or Judges to be corrects shall
oe cnarge against the city and county treas
ury and paid out Of the general fund thereof -
ROOMS WE'RE PROVIDED.