Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1884-09-23
THE CITY TRUSTEES.
The Bond Suits Again-The Peremptory
Writ of Mandate.

| y
Writ of Mandate.
The Board of City Trustees met in regu-
lar session at 10 a. NJ. yesterday, all the
members being present
Mark Foster, Chief Engineer of the
Water Works, reported that during the past
week the machinery had been in operation
159 hours, and that 26,574,000 gallons OF
water had been pumped.
| The Street Commissioner was instructed
to advertise for proposals for improving the
north levee from Burns slough to Brighton.
| The embankment is to be made wider, and
| will also be sown to Bermuda grass.
City Surveyor Bassett informed the Board
that an old gentleman had erected a
matched hut " ON the river levee, at the
foot of W street, and refused to remove the
same. 1t would be impossible to prosecute
the proposed levee work at that point I'M
less he moved off, as it occupied 4 position
where they intended to drive with their
teams. The Levee Commissioner was di-
rected to have the hut removed.
City Treasurer J. n. Porter reported that
| during the month Of August he had paid
out $25, S5S 80. He had on hand Septem-
Der LIST 1919, $40 6S.
Judge S. c. benson, attorney for Daniel
Never and other bondholders, was present,
and asked what the Trustees proposed
doing with the writ of mandate that was
served on them by the Sheriff i'll June last.
The Mayor said he was quite positive
that no member of the Board would be
foolish enough to refuse to obey the orders
of the Court, and they would do SO when
they saw their way clearly and were sure
which was the proper method. He said
the peremptory writ of mandamus was
very ambiguous. not at all clear, and the
Trustees would not do anything in a mat
ter of such great importance with undue
haste. He then procured 4 copy of the
writ and read it, as follows:
The people of the State of California to John
O. Brown, W Gutenberger and II. 3. Nielsen as
and constituting the Board of Trustees of the
city of Sacramento, and all officers of said city
of Sacramento charged with the leyying and
collection of taxes, and the distribution and
disposition OF the funds of said city, greeting:
Whereas, on the 18th day of June, 1884, the Su-
pTeme Court Of the State of California made,
rendered and gave its judgment in the above
entitled cause, wherein Daniel Meyer was plain
III. and John q. Brown, w. Gutenberger and
II. L. Nielsen, as and constituting the Board OF
Trustees of the city of Sacramento were defend
ants and the said Court by its Judgment ordered
that writ of mandate issue to the municipality
and it, authorities annually to levyand collect for
municipal purposes. on all real and personal
property within the city limits except such as
is exempt by law, tax of one hundred cents on
the one hundred dollars, and that % per cent. of
the revenue thus derived within the city limits
for municipal purposes be set apart ana appr0-
priated TO an interest and sinking fund, to be
applied to the annual interest and final re
demptiOn Of the bonds issued Tor the city in
debtpdness in accordance with the Act OF the
Legislature of the state, approved april "A,
1855.
Now, therefore we do command that imme
diatelv upon the service of this writ, and every
at q -
and collection of taxes, you, the said John q.
Brown. W GUtenbergcr and H. B. Nielsen. and
your successors as Trustees, and constitutingthc
Board OF Trustees OF SAID city OF sacramento, do
levy upon all property, real and personal,
within the limits of said city, excepting
such property as is by law exempt
from UaXOtiOn, tax for municipal
purposes for the current fiscal year of 100 cents
on each 500 of the assessed value of such prop
erty, and that you cause the same to be collected
by the proper officers rs other taxes are collect
ed and that you cause % per cent. of the
amount collected from such tax to be set apart
and paid into the interest and sinking fund for
the payment of the interest and final redemp
ton of the bonds of said city, issued under the
provisions of the Act OF the Legislature Gp-
proved April 2i 1S5S entitled an Act to repeal
the Act passed March 26, 1871, entitled an ACt To
incorporate the city OF sacramento; and the
several Acts amcndatoTy and supplementary
thereto. and 10 incorporate the city and county
OF Sacramento, and III accordance with the pro-
visions Of said Act.
Witness the Hon. r. F. Morrison, Chief Justice
of our Supreme Court, NJ the Courtroom in the
city of san Francisco, this 10th day Of June, \.
D. 1881.
SEAL j. W MCCARTHY, Clerk
Attest: y true copy. \. II. ESTlLL
Sheriff Sacramento County.
The Mayor, after reading the writ, said
he could see nothing in it about ieyying a
tax for 1888.
The City Attorney, who was present, held
q private interview with Judge benson for