Los Angeles daily herald., 1876-04-21
COMMON COUNCIL.

Present-Leahy, Huber, Waldron,
Lichtenberger, Campbell, Teed, Kuhrts
Workman, Sotelo and Wolfskill
The minutes of the previous meet
ing were read and approved.
The Finance Committee reported
that there was disposition on the
part of the sureties of J. j. Mellus to
settle the deficit in the city treasury
amicably. They requested instruc
tions as to whether they should COM
mence suit Immediately or wait for
the return of Pho Pico, one of the sure
ties.
Mr.. Workman stated in addition to
the report that the bondsmen of Mr..
Mellus wished to pay the amount de-
linquent in installments, covering a
year or more.
On motion the matter was referred
back to the Committee on Finance
and City Attorney for one week, to re-
ceive the proposition in writing.
The Finance Committee reported
the delinquent tax to be carried for
ward for the next fiscal year. The
taxes on mortgages and personal
property of those parties not to be
found in the city were stricken off.
Report approved.
| The City Attorney presented copy
of the new city charter, together with
bill for expenses, charges, etc. amount
ing to $33. Filed and bill ordered paid.
The City Attorney submitted his le-
gal opinion upon the constitutiOnality
of the newly appointed Board of Pub
lie Works.
The report first presented a copy of
the act in question, and then proceed
ed to its discussion, promising that in
this measure no attention had been
paid to the three points considered
necessary in such remedial acts, viz:
remedy. But it had assumed that the
evil existed, and the whole object was
directed to removing the same. He
claimed that the act in question tend
ed to abolishing local government,
and was strongly to be regretted. The
| question of the Council being able to
originate Improvements, and the
Board of Public Works to execute
them, is idle and of no force. The full
powers in both respects must be vested
either in one body or the other, The
law not only vests legislative pow
ers in the new Board, but
makes the real legislative body
| (the Council) subservient to it.
While the Legislature permits the
Common Council to remain the local
legislative body of the city it cannot
deprive it of discretionary powers but
may annul and abridge the powers of
said body. He therefore held that the
abolishing clause was fully legal.
The control of water in the Los An
geles river was granted by the State
| (Act approved March 26, 1874, to the
city and the procedure would hold
good by the law of contracts. His
opinion was that so far as the Act at
tempted to divest the city authorities
of the control of water was concerned
it was unconstitutional, citing the
case of Hart VS.. Bennett, 18th Cal.
Reports. He also cited case in the
''ia'1i urts wherein the Legisla-
suts aaa sed an Act requiring the
cry e99a alent of Detroit to appoint
gafs comm isioners and levy a tax for
expenses ol the same, and the pro-
ea4aaa w. decided to be uncOnstitu-
80. opinion was summarized
sI8a
ct creating the Board of
is unconstitutional and
it attempts to confer
Bpard legislative power.
use such legislative power
to be conferred includes
80 aHf making assessments for
aments.
ie it deprives the Council
the local legislative branch of the city
government, of the discretion which
properly belongs to it in the matter of
such improvements.
4th. Because, instead of making the
Board of Public Works advisory to
the Council, it attempts to make the
Council subservient to the Board.
III.
The Act however repeals all laws in
Guiding the provisions of the charte
in conflict with it and relating to pub
lie improvements and amends the
powers of the Council over our public
Improvements and consequently as to
sue hmatters there is now in this city
no legal authority capable of acting.
III.
That the powers of the Mayor and
Council, or either, as to matters not
embraced in the act, OF course remain
unaffected by it.
".
That the rights of the city as to the
water for irrigation are unaffected by
the provisions of the act.
The report concluded by recon-
mending that the matters pertaining
to the act be thoroughly tested i'll the
courts.
On motion the report was received
and ordered to be spread upon the
minutes.
The Zanjero reported that he had
discharged his employees and was in
debt $l16.50 for their services. Re.
ceived and appropriation made to pay
Indebtedness.
On motion the Zanjero was author
ized to employ men and clean zanjas.
The matter of the wooden mill ditch
was referred to the Committee on
Zanjas with full power to have il
cleaned and placed in operation.
The City Surveyor presented hu-
merous report as to the relative ex.
penses of public works for the past
ten years. Filed and ordered spread
upon the minutes.
Thos. Copely presented list of pub.
lie work completed by him, and
asked that pre-emptory levies be
made on property to pay assessments
Referred to the Board of Public
Works (old).
A petition for charter for street rail
way to run from Los Angeles tC