The weekly mountain Democrat. [volume] (Placerville, El Dorado County, Calif.) 1861-1862, 1862-02-01
n Claim Of WIN. ). Lewis.
On the 2sth of December, 1859, the
C;,v Council nassed the following:

On the 26th OF DecemOeFI AO"'' N
City Council passed the following;
WHEREAs, To the opinion Of two.third. OF
the Common Council Of the city Of PlaeerVllie
elect il is expedient aud for the interest Of eao
CITY 10 collect by tax 3 sum OF money suiheienI
10 make n survey for Railroad from the city
of PIacerville 10 the town Of Folsom, or TO some
convenient pOint in that vicinity therefore,
Resolged, That the Mayor Of said City be re-
quested TO issue his Proclamation lnmeuIaIe'JI
calling upon the people OF sald ClS u 'o'e
upon the question of levying SAID TAX
The resolution was adopted by vote
of Ayes-4, Noes. On the 99th OF
December, George w. Swan, Mayor oil
the. City Of Placerville, issued his PrOcla'
nation in accordance with the resolution
adopted by the Common Council. The
election was held on the 14th Of January,
1860, with the following result: For the
tax, ESQ; against it, "a. This proved
conclusiveIy that the citizens of Placer
ville-all tax payers-were decidedly IN
favor of it, and in conformity with their
expressed wishes, Mayor Swan, on the
part of the City, entered into the follow
ing article Of agreement with VIM. j.
Lewis:
"THrs AGREEMENT, made and entered into this
thirteenth day of February, A. ID. 1860. by and
between William J. Lewis, at &he c!3y sra
county of San Francisco, of the one party, ana
1.-THE Mayor and Common Council Of the CIiy
of Placerville''-a body polite and corporate
of the other part, for aud in consideration OIL
the sums of money, covenants and agreements
hereinafter mentioned, on the part Of said party
of the second part, TO be paid, kept and per-
formed does hereby agree TO make and c"n''
pJfjf Railroad survey from the City OF Placer
Vile, to the village of Folsom, IN the coHHtS ~
SacI amento, or to some point in the vicinity OF
Folsom, connecting with the Sacramento Valley
Railroad. as shall be most proper and eligible.
That he will also make u report of bis survey,
and a map of the route and an estimate ot the
cost Of the work, and will furnish TO said city
i've hundred cupies Of his Report. printed,
with a Autographed copy Of SAID map; that
said survey and estimates shall be made IN the
usual manner for surveys and estimates OF u
Railroad, and in skillfnl and proper S'Hn3er
That he " i'll commence work upon said survey
W ithin ten DAYS from the date hereof, and will
complete the same as soon thereafter rs the
same can be done with reasonable diligence.
"And the said party of the second part, do
hereby, in consideration OF the agreements and
services aforesaid. agree and promise To pay
said party Of The 6Tsi P9Ti, he SDD Of three
thousand dollars, on or before the first day Of
February, A. D. 1861; such payment TO be
,I'7 3'-s: ~ dtpdensS n I'D i.y speeiul t1A
to be levied in accordance with vote of the
people Of said CITY. at an election held on the
fourteenth day Of January, A D. 1861, in pur-
suance Of law"
William j. Lewis, George w. Swan,
Mayor, and R. S. Hernandez, CleTk, sign.
ed the agreement. The contract was &C.
cepted by the Common Council, on mo.
ton Of Alderman Wade. In accordance
with the agreement Col. Lewis faithfully
and efficiently performed his duty, not
dreaming that any enc would object to
his receiving his pay. He considered,
and justly, that the contract was binding
on both parties.
The tax was deemed illegal by several
of our wealthy citizens. and they paid it
under protest. One of them, j. N. Doug.
lass, Esq, almost Immediately after pay.
ing it, brought suit against the city to
recover the amount paid undcrsprotest,
and also prayed for an injunction to re.
strain the city from paying Col. Lewis
the amount collected, without protest. -
The suit was decided in Iii, favor, but the
money voluntarily paid remains in the
hands Of the city treasurer unapI ropria.
ted. The Common Council addressed q
letter Of inquiry to the City Attorney las
to the authority Of the taxpayers or Of
the Common Council over the money
paid in by taxpayers without protest.
We publish his reply in full in another
part of to.day's DEMOCRAT, and we cal
the attention of our citizens 10 it.
As the tax was levied for specific pur.
pose and our citizens chcerfully paid it for
that and no other purpose, it should be
paid to Col. Lewis. lie has earned it
it is due him; he is entitled to it, and il
should be no longer withheld from him
Certainly none Of those who paid it desire
to see it diverted from its original purpose
Although the city may not legally, it YET
justly owes Col. Lewis, and it cannot hon.
orably refuse to pay just debt, Cannot
some plan be suggested by which the city
may liquidate the debt due Col. Lewis :