The San Francisco call., 1907-06-22
PLATT AND De PUE SUE
CITY AS TAX PAYERS
Would Prevent Municipality
From Raising Money
for Geary Road
TO APPEAR MONDAY
Judge Seawell Will Hear
Arguments in Case
at o::30 O'clock
TO APPEAR MONDAY

Horace G. Plat and Edgar de Pue
began suit yesterday against the city
the board fof supervisors. Auditor S:
w. Horton and Treasurer Charles A.
Bantel to prevent the city from raising
the money necessary for the reconstruc-
ton and municipalization of the Geary
street road. Platt Is president of the
company, but both he and De Pue sue
in their individual capacities as tax
payers.
After reading their complaint Judge
Seawell ordered the defendants to ap-
pear Monday morning at $3.50 O'Clock
and show cause why an Injunction re-
straining the city from levying the
tax recently approved by the super
visors and the mayor should not be
issued.
The complaint recites that the super
visors threaten to levy tax to raise
sS,S36,7o0. the amount of the budget
for the fiscal year which begins July
/, and objection is made on the ground
that the proposed levy, exclusive of the
state tax and the tax to pay interest
and maintain sinking funds for the
bonded Indebtedness of the city and
county and exclusive of the tax for the
maintenance and improvement of parks.
squares and public parks, will exceed
the rate Of 81 on each 500 valuation
of property assessed and will be in vio-
lation of section IL. chapter /, article 3,
of the charter of the city.
1t will be impossible, allege the
plaintiffs. to segregate the items of the
proposed levy in way to protect tax
payers; therefore, the tax will be a
lien on property and a cloud upon real
estate titles. The cost of the proposed
public utility. it is declared. cannot be
paid out of the annual revenues of the
Int
upon the contention that the voters
have never authorized the incuring of
a bonded Indebtedness for the purpose
of making the Geary street road mu-
nicipal property. but have twice refused
to authorize such Indebtedness.
The additional tax of 90 cents on the
Si00 of valuation assessed, making a
total of $1.20, is directly attacked on
the ground that as two members of the
board of supervisors were absent when
it was approved it did not receive the
unanimous vote required by section 13,
chapter /, article 3, of the charter, relat-
ing to provisions for emergency or
great necessity. While James L. CAL
lagher is acting mayor, it is alleged,
there can be no unanimous vote. and
therefore, the levy cannot be made
legal.
All the history of the various appro-
pal road is reviewed. In regard to the
estimate of cost of construction made
in May 1905, when the board of works
presented figures totaling 1867. .595, 1T is
alleged that this estimate was based on
the erroneous assumption that the city
owned the tracks, rails and cable slots
These things, contend the plaintiffs, be-
long TO the Geary Street, Park ano
Ocean railroad company, and are worth
inward of 500 900. Incidentally, 1t is
alleged that changed conditions make
81, 200, 900 a fair estimate of the cost OF
constructing and completing the Geary
street road in accordance with the city''
plans.
The prayer of the complaint calls fol
not only a permanent Injunction against
the defendants, but decree declaring
both the additional tax of 20 cents and
the budget appropriation of $4,000 fol
the Geary street road null and void
George w. Lane is attorney for the
plaintiffs.