Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1884-02-19

CITY BOARD OF TRUSTEES.

The Board Of City Trustees met in regular
session at 10A. N. yesterday. Mayor Brown,
owing to a sudden attack Of illness, was not
able to be present.
Trustee Nislsea presided, and the usual
routine of business was transacted.
The action Of The Board at their last sss-
sion regarding z remoustrance concerning the
grading of 0 street from Tenth to Thirteenth
was reconsidered. It appeared from petit
tions, statements and affidavits on file with
the Auditor, that during the past week those
in favor OF the street improvement had pre-
vailed upon I. D'Hondt and John Breuner,
who own a considerable frontage, to with
draw from the remembrance. There appear
ing to be no valid objection to the improve
ment, a majority desiring it, the Trustees
resCiuded their former action and ordered
that notice Of intention to improve be again
advertised.
The City Attorney appeared before the
Board and lied a written opinion TO the eff.
feet that all the legitimate expenses arising
from q proper defense of the bond and cou-
pom suits should be psid from the sinking and
interest fluid. He says that it is trust fund,
and all coupon and bond holders were emit
tied to the same privilege. He said this was
done when a controversy arose in probate
matters, and It was parallel case. The Su-
preme Court, in their last decision, say that
on demand he money in the fund shall be
paid out The expenses that have accrued so
far in the litigation referred to have been paid
by an order of The Board Of Trustees out Of
the general fuad. The total expenses so far
has aggregated about s. 600. He recon-
mended that the Auditor be instructed to as
q IL
transferred from the sinking and interest to
the general fund
Judge 5. c. benson, the attorney for Dan
lei Meyer and other bondholders, was present
ard entered q protest against such action
He said the sinking and interest was a trust
fund, and could be ussd for no other purpose
than the ons for which it was created. He
said the owners Of the city bonds and cou.
pons would not submit 20 have the funds
sQuandered or dissipated 10 any such manner.
He said he cared not for the opinions Of law
yers or newspapers, but relied wholly on that
Of the Courts. He advised the Trustees to
be cautious about making the proposed dis
position Of the funds, claiming that they
would be liable on their official bonds. He
5aid that IL due time an injunction would be
procured and served, eujoining them, if nee
esssry, from 90 doing
After some further discussion between the
attorneys the AUDITOR was directed to sScer'
tain the amount aad make the transfer.
The City Attorney also informed the Trus.
tees that in making the coll for the election
on the proposition to levy the tax to create
the $40 600 for special levee fund it would
be necessary for them TO include in the call
detailed specifications and plans showing ex-
actly where snd for what purpose the money
was 20 be used. Without such full and speci-
nc publication, he claimed the assessment
would be Invalid and the tax could not be
legally collected This matter not being be-
fore the Board, the Trustees listened very at
tentivsly 60 The suggestion but took no action,
Mark Foster. Chief Engineer of the Water
Works, reported that during the week the
machinery had been in operation lSl hours,
and that 10, $50 500 gallons Of water had been
pumped.
County Clerk C0glan was allowed $50 for
the compilation Of q supplement to the Great
Register for use at the March election.
4 resolution of intention was passed for
the Improvement Of Twelfth street, from \
10 Q. The assessment of Twenty-frst street,
from r to W. was also approved.
After considering large number OF bills,
and ordering the same paid, the Beard sd-
iourned