The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1909-06-19
TECHNICAL ATTACK
ON BURNS SALARY
PrOgraft Forces Argue to Stop
Pay of Special Agent
and His Men
Legal Opposition Is Raised Only
as to Method of Auditing
the Claims

Technical points engaged the atten-
ton Of Judge sturtevant all day yester-
day in the hearing of the actions to
block the payment of the salaries of
Assistant District Attorney r. w Har-
rison, Special Agent william J. Burns
and the deputies employed by Burns in
gathering evidence for the graft prose
cution.
The legality Of the employment was
not questioned yesterday, the attack
Of the prograft forces being as TO the
procedure in paying the men in ques-
zion.
James A. Mackenzie of Campbell.
Nelson, Drew, Oatman & Mackenzie,
representing John L Hughes, a tax
payer" conteHded that the claims of the
employees must be audited by the super
Visors as laid down in the county gov
ernment act while William Hoff Cook
OF the district attorneys Office argued
that the payment should be made in ac-
cordance with the city charter, which
would permit payment without the
claims being audited by the supervisors.
AUTHORITY SECURED
In the action of william H Langdon
as district attorney against John A
Roster as auditor. begun June 10. it
was set forth that the budget provided
$4,000 for the extraordinary expenses
Of the district attorneys office and that
Burns was appointed at $625 per month,
while provision was made for other spe-
cial agents.
II was alleged that in a recent action
begun by James P. Burke against he
auditor 10 prevent payment of the
claims it was agreed that the district
attorney should make the demand for
his employees IN his own name. This
was done, the demand being $3.50 for
the month According to the complaint.
Roster refused TO audit the claim. be-
cause William H. Nelson. an attorney
for the United Railroads. had told one
OF Rosters bondsmen that the auditor
would be sued on his bond if he al
lowed the claim.
Tax Payer" Hughes NOT only inter
Tened in that case. but ne began two
injunction suits 10 prevent the. payment
OF the claims of Burns and his equities
md Harrison.
CHARGES BAD FAITH
Cook moved yesterday TO strike out
the pleadings OF Hughes as an inter
renor. alleging that the action was not
in good faith and intended TO retard
rhe proceedings He argued that Hughes
had ro oonseq1 tial interest in the
,.ase.
Mackenzie contended that his client
had the right 10 intervene.
Every tax payer in San Francisco
would have the right TO intervene, -
commented Judge Sturtevant Would
the court have 10 stand that burden?"
I presume any other tax payer would
have the right to Join with him." re-
spon6ed Mackenzie.
CTrrl~-e r1,o-foT was c,rhT7fr+ad va 9
also the motion made by Major Francis
Keesling. representing Auditor Roster,
TO strike OU1 certain parts OF the COM
plant as TO whether the district attor-
ney or the auditor was acting in a
quasi judicial capacity. Keesling's gem
eral demurrer was also submitted after
the attorneys had argued at length on
the question Of whether the charter or
the statutes should apply in the audit
ing of the contested claims The in
junction matters were continued until
this morning at 10 o'clock